I 

108TH CONGRESS 

1ST SESSION H. R. 1460

To amend title 38, United States Code, to permit the use of education 

benefits under such title for certain entrepreneurship courses, to permit 

veterans enrolled in a vocational rehabilitation program under chapter 

31 of such title to have self-employment as a vocational goal, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 27, 2003

Mr. RENZI (for himself, Mr. SMITH of New Jersey, Mr. EVANS, Mr. BROWN

of South Carolina, Mr. MANZULLO, Mr. BEAUPREZ, and Mr. MICHAUD) 

introduced the following bill; which was referred to the Committee on 

Veterans’ Affairs, and in addition to the Committee on Small Business, 

for a period to be subsequently determined by the Speaker, in each case 

for consideration of such provisions as fall within the jurisdiction of the 

committee concerned 

A BILL

To amend title 38, United States Code, to permit the use 

of education benefits under such title for certain entrepreneurship courses, to permit veterans enrolled in a 

vocational rehabilitation program under chapter 31 of 

such title to have self-employment as a vocational goal, 

and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Veterans Entrepre3 neurship Act of 2003’’. 

4 SEC. 2. AUTHORIZATION FOR STATE APPROVING AGENCIES 

5 TO APPROVE CERTAIN ENTREPRENEURSHIP 

6 COURSES. 

7 (a) APPROVAL OF ENTREPRENEURSHIP COURSES.—

8 Section 3675 of title 38, United States Code, is amended 

9 by adding at the end the following new subsection: 

10 ‘‘(c)(1) A State approving agency may approve the 

11 entrepreneurship courses offered by a qualified provider 

12 of entrepreneurship courses. 

13 ‘‘(2) For purposes of this subsection, the term ‘entre14 preneurship course’ means a non-degree, non-credit course 

15 of business education that enables or assists a person to 

16 start or enhance a small business enterprise. 

17 ‘‘(3) Subsection (a) and paragraphs (1) and (2) of 

18 subsection (b) do not apply to— 

19 ‘‘(A) an entrepreneurship course offered by a 

20 qualified provider of entrepreneurship courses; and 

21 ‘‘(B) a qualified provider of entrepreneurship 

22 courses by reason of such provider offering one or 

23 more entrepreneurship courses.’’. 

24 (b) BUSINESS OWNERS NOT TREATED AS ALREADY

25 QUALIFIED.—Section 3471 of such title is amended by in26 serting before the last sentence the following: ‘‘The Sec-
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1 retary shall not treat a person as already qualified for the 

2 objective of a program of education offered by a qualified 

3 provider of entrepreneurship courses solely because such 

4 person is the owner or operator of a business.’’. 

5 (c) INCLUSION OF ENTREPRENEURSHIP COURSES IN

6 DEFINITION OF PROGRAM OF EDUCATION.—Subsection 

7 (b) of section 3452 of such title is amended by adding 

8 at the end the following: ‘‘Such term also includes any 

9 course, or combination of courses, offered by a qualified 

10 provider of entrepreneurship courses.’’

11 (d) INCLUSION OF QUALIFIED PROVIDER OF ENTRE12 PRENEURSHIP COURSES IN DEFINITION OF EDU13 CATIONAL INSTITUTION.—Subsection (c) of section 3452 

14 of such title is amended by adding at the end the fol15 lowing: ‘‘Such term also includes any qualified provider 

16 of entrepreneurship courses.’’. 

17 (e) DEFINITION OF QUALIFIED PROVIDER OF EN18 TREPRENEURSHIP COURSES.—Section 3452 of such title 

19 is further amended by adding at the end the following new 

20 subsection: 

21 ‘‘(h) The term ‘qualified provider of entrepreneurship 

22 courses’ means—

23 ‘‘(1) a small business development center de24 scribed in section 21 of the Small Business Act (15 

25 U.S.C. 648), and 
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1 ‘‘(2) the National Veterans Business Develop2 ment Corporation (established under section 33 of 

3 such Act (15 U.S.C. 657c)) insofar as the Corpora4 tion offers or sponsors an entrepreneurship course 

5 (as defined in section 3675(c)(2) of this title).’’. 

6 (f) EFFECTIVE DATE.—The amendments made by 

7 this section shall apply to courses approved by State ap8 proving agencies after the date of the enactment of this 

9 Act. 

10 SEC. 3. ESTABLISHMENT OF SELF-EMPLOYMENT AS A VO11 CATIONAL GOAL FOR VETERANS RECEIVING 

12 VOCATIONAL REHABILITATION. 

13 Section 3104 of title 38, United States Code, is 

14 amended by adding at the end the following new sub15 section: 

16 ‘‘(c) Any person entitled to a rehabilitation program 

17 under this chapter may establish self-employment as a vo18 cational goal without regard to any requirement that the 

19 person be unemployable.’’. 

20 SEC. 4. PROCUREMENT PROGRAM FOR SMALL BUSINESS 

21 CONCERNS OWNED AND CONTROLLED BY 

22 SERVICE-DISABLED VETERANS. 

23 The Small Business Act (15 U.S.C. 631 et seq.) is 

24 amended by redesignating section 36 as section 37 and 

25 by inserting after section 35 the following new section: 
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1 ‘‘SEC. 36. PROCUREMENT PROGRAM FOR SMALL BUSINESS 

2 CONCERNS OWNED AND CONTROLLED BY 

3 SERVICE-DISABLED VETERANS. 

4 ‘‘(a) SOLE SOURCE CONTRACTS.—In accordance with 

5 this section and not withstanding any other provision of 

6 law, a contracting officer may award a sole source contract 

7 to any small business concern owned and controlled by 

8 service-disabled veterans if—

9 ‘‘(1) such concern is determined to be a respon10 sible contractor with respect to performance of such 

11 contract opportunity and the contracting officer does 

12 not have a reasonable expectation that 2 or more 

13 small business concerns owned and controlled by 

14 service-disabled veterans will submit offers for the 

15 contracting opportunity; 

16 ‘‘(2) the anticipated award price of the contract 

17 (including options) will not exceed—

18 ‘‘(A) $5,000,000, in the case of a contract 

19 opportunity assigned a standard industrial clas20 sification code for manufacturing; or 

21 ‘‘(B) $3,000,000, in the case of any other 

22 contract opportunity; and 

23 ‘‘(3) in the estimation of the contracting officer, 

24 the contract award can be made at a fair and rea25 sonable price. 
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1 ‘‘(b) RESTRICTED COMPETITION.—In accordance 

2 with this section and not withstanding any other provision 

3 of law, a contracting officer may award contracts on the 

4 basis of competition restricted to small business concerns 

5 owned and controlled by service-disabled veterans if the 

6 contracting officer has a reasonable expectation that not 

7 less than 2 small business concerns owned and controlled 

8 by service-disabled veterans will submit offers and that the 

9 award can be made at a fair market price. 

10 ‘‘(c) APPEAL BY ADMINISTRATOR.—Not later than 5 

11 days after the date on which the Administration is notified 

12 of a contracting officer’s decision not to award a contract 

13 opportunity under this section to a small business concern 

14 owned and controlled by service-disabled veterans, the Ad15 ministrator may notify the contracting officer of the intent 

16 to appeal the contracting officer’s decision, and within 15 

17 days of such date the Administrator may file a written 

18 request for reconsideration of the contracting officer’s de19 cision with the Secretary of the department or agency 

20 head. 

21 ‘‘(d) RELATIONSHIP TO OTHER CONTRACTING PREF22 ERENCES.—A procurement may not be made from a 

23 source on the basis of a preference provided under sub24 section (a) or (b) if the procurement would otherwise be 

25 made from a different source under section 4124 or 4125 
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1 of title 18, United States Code, or the Javits-Wagner2 O’Day Act (41 U.S.C. 46 et seq.). 

3 ‘‘(e) ENFORCEMENT; PENALTIES.—Rules similar to 

4 the rules of paragraphs (5) and (6) of section 8(m) shall 

5 apply for purposes of this section. 

6 ‘‘(f) CONTRACTING OFFICER.—For purposes of this 

7 section, the term ‘contracting officer’ has the meaning 

8 given such term in section 27(f)(5) of the Office of Federal 

9 Procurement Policy Act (41 U.S.C. 423(f)(5)).’’.

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