[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3405 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3405

   To amend title 38, United States Code, to treat small businesses 
  bequeathed to spouses and dependents by members of the Armed Forces 
killed in line of duty as small business concerns owned and controlled 
by veterans for purposes of Department of Veterans Affairs contracting 
             goals and preferences, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 19, 2012

 Mr. Heller (for himself and Mr. Burr) introduced the following bill; 
which was read twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
   To amend title 38, United States Code, to treat small businesses 
  bequeathed to spouses and dependents by members of the Armed Forces 
killed in line of duty as small business concerns owned and controlled 
by veterans for purposes of Department of Veterans Affairs contracting 
             goals and preferences, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Small Business Protection 
Act of 2012''.

SEC. 2. TREATMENT OF BUSINESSES AFTER DEATHS OF SERVICEMEMBER-OWNERS 
              FOR PURPOSES OF DEPARTMENT OF VETERANS AFFAIRS 
              CONTRACTING GOALS AND PREFERENCES.

    (a) In General.--Section 8127 of title 38, United States Code, is 
amended--
            (1) by redesignating subsections (i) through (l) as 
        subsections (j) through (m), respectively; and
            (2) by inserting after subsection (h) the following new 
        subsection (i):
    ``(i) Treatment of Businesses After Death of Servicemember-Owner.--
(1) If a member of the Armed Forces owns at least 51 percent of a small 
business concern and such member is killed in line of duty in the 
active military, naval, or air service, the surviving spouse or 
dependent of such member who acquires such ownership rights in such 
small business concern shall, for the period described in paragraph 
(2), be treated as if the surviving spouse or dependent were a veteran 
with a service-connected disability for purposes of determining the 
status of the small business concern as a small business concern owned 
and controlled by veterans for purposes of contracting goals and 
preferences under this section.
    ``(2) The period referred to in paragraph (1) is the period 
beginning on the date on which the member of the Armed Forces dies and 
ending on the date as follows:
            ``(A) In the case of a surviving spouse, the earliest of 
        the following dates:
                    ``(i) The date on which the surviving spouse 
                remarries.
                    ``(ii) The date on which the surviving spouse 
                relinquishes an ownership interest in the small 
                business concern and no longer owns at least 51 percent 
                of such small business concern.
                    ``(iii) The date that is ten years after the date 
                of the member's death.
            ``(B) In the case of a dependent who is not a spouse, the 
        earliest of the following dates:
                    ``(i) The date on which the surviving dependant 
                relinquishes an ownership interest in the small 
                business concern and no longer owns at least 51 percent 
                of such small business concern.
                    ``(ii) The date that is ten years after the date of 
                the member's death.''.
    (b) Effective Date.--Subsection (i) of section 8127 of such title, 
as added by subsection (a), take effect on the date of the enactment of 
this Act and shall apply with respect to the deaths of members of the 
Armed Forces occurring on or after such date.
                                 <all>