II 

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. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Veterans Small Busi5 ness Opportunity and Protection Act of 2013’’. 


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1 SEC. 2. MODIFICATION OF TREATMENT UNDER CON2 TRACTING GOALS AND PREFERENCES OF DE3 PARTMENT OF VETERANS AFFAIRS FOR 

4 SMALL BUSINESSES OWNED BY VETERANS OF 

5 SMALL BUSINESSES AFTER DEATH OF DIS6 ABLED VETERAN OWNERS. 

7 (a) IN GENERAL.—Section 8127(h) of title 38, 

8 United States Code, is amended— 

9 (1) in paragraph (3), by striking ‘‘rated as’’ 

10 and all that follows through ‘‘disability.’’ and insert11 ing a period; and 

12 (2) in paragraph (2), by amending subpara13 graph (C) to read as follows: 

14 ‘‘(C) The date that— 

15 ‘‘(i) in the case of a surviving spouse of a 

16 veteran with a service-connected disability rated 

17 as 100 percent disabling or who dies as a result 

18 of a service-connected disability, is 10 years 

19 after the date of the veteran’s death; or 

20 ‘‘(ii) in the case of a surviving spouse of a 

21 veteran with a service-connected disability rated 

22 as less than 100 percent disabling who does not 

23 die as a result of a service-connected disability, 

24 is three years after the date of the veteran’s 

25 death.’’. 


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1 (b) EFFECTIVE DATE.—The amendments made by 

2 subsection (a) shall take effect on the date that is 180 

3 days after the date of the enactment of this Act and shall 

4 apply with respect to contracts awarded on or after such 

5 date. 

6 SEC. 3. TREATMENT OF BUSINESSES AFTER DEATHS OF 

7 SERVICEMEMBER-OWNERS FOR PURPOSES 

8 OF DEPARTMENT OF VETERANS AFFAIRS 

9 CONTRACTING GOALS AND PREFERENCES. 

10 (a) IN GENERAL.—Section 8127 of title 38, United 

11 States Code, is amended— 

12 (1) by redesignating subsections (i) through (l) 

13 as subsections (j) through (m), respectively; and 

14 (2) by inserting after subsection (h) the fol15 lowing new subsection (i): 

16 ‘‘(i) TREATMENT OF BUSINESSES AFTER DEATH OF

17 SERVICEMEMBER-OWNER.—(1) If a member of the Armed 

18 Forces owns at least 51 percent of a small business con19 cern and such member is killed in line of duty in the active 

20 military, naval, or air service, the surviving spouse or de21 pendent of such member who acquires such ownership 

22 rights in such small business concern shall, for the period 

23 described in paragraph (2), be treated as if the surviving 

24 spouse or dependent were a veteran with a service-con25 nected disability for purposes of determining the status 


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1 of the small business concern as a small business concern 

2 owned and controlled by veterans for purposes of con3 tracting goals and preferences under this section. 

4 ‘‘(2) The period referred to in paragraph (1) is the 

5 period beginning on the date on which the member of the 

6 Armed Forces dies and ending on the date as follows: 

7 ‘‘(A) In the case of a surviving spouse, the ear8 liest of the following dates: 

9 ‘‘(i) The date on which the surviving 

10 spouse remarries. 

11 ‘‘(ii) The date on which the surviving 

12 spouse relinquishes an ownership interest in the 

13 small business concern and no longer owns at 

14 least 51 percent of such small business concern. 

15 ‘‘(iii) The date that is ten years after the 

16 date of the member’s death. 

17 ‘‘(B) In the case of a dependent who is not a 

18 spouse, the earliest of the following dates: 

19 ‘‘(i) The date on which the surviving de20 pendant relinquishes an ownership interest in 

21 the small business concern and no longer owns 

22 at least 51 percent of such small business con23 cern. 

24 ‘‘(ii) The date that is ten years after the 

25 date of the member’s death.’’. 


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1 (b) EFFECTIVE DATE.—Subsection (i) of section 

2 8127 of title 38, United States Code (as added by sub3 section (a) of this section), shall take effect on the date 

4 of the enactment of this Act, and shall apply with respect 

5 to the deaths of members of the Armed Forces occurring 

6 on or after such date. 

Æ 


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