[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 430 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 430

To amend title 38, United States Code, to enhance treatment of certain 
small business concerns for purposes of Department of Veterans Affairs 
       contracting goals and preferences, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 28, 2013

Mr. Heller (for himself and Mr. Manchin) 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 enhance treatment of certain 
small business concerns 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 Opportunity 
and Protection Act of 2013''.

SEC. 2. MODIFICATION OF TREATMENT UNDER CONTRACTING GOALS AND 
              PREFERENCES OF DEPARTMENT OF VETERANS AFFAIRS FOR SMALL 
              BUSINESSES OWNED BY VETERANS OF SMALL BUSINESSES AFTER 
              DEATH OF DISABLED VETERAN OWNERS.

    (a) In General.--Section 8127(h) of title 38, United States Code, 
is amended--
            (1) in paragraph (3), by striking ``rated as'' and all that 
        follows through ``disability.'' and inserting a period; and
            (2) in paragraph (2), by amending subparagraph (C) to read 
        as follows:
            ``(C) The date that--
                    ``(i) in the case of a surviving spouse of a 
                veteran with a service-connected disability rated as 
                100 percent disabling or who dies as a result of a 
                service-connected disability, is 10 years after the 
                date of the veteran's death; or
                    ``(ii) in the case of a surviving spouse of a 
                veteran with a service-connected disability rated as 
                less than 100 percent disabling who does not die as a 
                result of a service-connected disability, is three 
                years after the date of the veteran's death.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date that is 180 days after the date of the 
enactment of this Act and shall apply with respect to contracts awarded 
on or after such date.

SEC. 3. 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 title 38, 
United States Code (as added by subsection (a) of this section), shall 
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.
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