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in section 4 of the Office of Federal Procurement Policy 
Act (41 U.S.C. 403)), a contracting officer of the Depart-
ment may use procedures other than competitive proce-
dures. 
‘‘(c) SOLE SOURCE CONTRACTS
FOR CONTRACTS 
ABOVE SIMPLIFIED ACQUISITION THRESHOLD.—For pur-
poses of meeting the goals under subsection (a), and in 
accordance with this section, a contracting officer of the 
Department may award a contract to a small business 
concern owned and controlled by veterans using proce-
dures other than competitive procedures if— 
‘‘(1) such concern is determined to be a respon-
sible source with respect to performance of such con-
tract opportunity; 
‘‘(2) the anticipated award price of the contract 
(including options) will exceed the simplified acquisi-
tion threshold (as defined in section 4 of the Office 
of Federal Procurement Policy Act (41 U.S.C. 403)) 
but will not exceed $5,000,000; and 
‘‘(3) in the estimation of the contracting officer, 
the contract award can be made at a fair and rea-
sonable price that offers best value to the United 
States. 
‘‘(d) USE OF RESTRICTED COMPETITION.—Except as 
provided in subsections (b) and (c), for purposes of meet-
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ing the goals under subsection (a), and in accordance with 
this section, a contracting officer of the Department shall 
award contracts on the basis of competition restricted to 
small business concerns owned and controlled by veterans 
if the contracting officer has a reasonable expectation that 
two or more small business concerns owned and controlled 
by veterans will submit offers and that the award can be 
made at a fair and reasonable price that offers best value 
to the United States. 
‘‘(e) ELIGIBILITY OF SMALL BUSINESS CONCERNS.— 
A small business concern may be awarded a contract 
under this section only if the small business concern and 
the veteran owner of the small business concern are listed 
in the database of veteran-owned businesses maintained 
by the Secretary under subsection (f). 
‘‘(f) 
DATABASE
OF
VETERAN-OWNED
BUSI-
NESSES.—(1) Subject to paragraphs (2) through (6), the 
Secretary shall maintain a database of small business con-
cerns owned and controlled by veterans and the veteran 
owners of such business concerns. 
‘‘(2) To be eligible for inclusion in the database, such 
a veteran shall submit to the Secretary such information 
as the Secretary may require with respect to the small 
business concern or the veteran. 
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‘‘(3) Information maintained in the database shall be 
submitted on a voluntary basis by such veterans. 
‘‘(4) In maintaining the database, the Secretary shall 
carry out at least the following two verification functions: 
‘‘(A) Verification that each small business con-
cern listed in the database is owned and controlled 
by veterans. 
‘‘(B) In the case of a veteran who indicates a 
service-connected disability, verification of the serv-
ice-disabled status of such veteran. 
‘‘(5) The Secretary shall make the database available 
to all Federal departments and agencies and notify each 
such department and agency of the availability of the 
database. 
‘‘(6) If the Secretary determines that the public dis-
semination of certain types of information maintained in 
the database is inappropriate, the Secretary shall take 
such steps as are necessary to maintain such types of in-
formation in a secure and confidential manner. 
‘‘(g) ENFORCEMENT PENALTIES FOR MISREPRESEN-
TATION.—Any small business concern that is determined 
by the Secretary to have misrepresented the status of that 
concern as a small business concern owned and controlled 
by veterans or as a small business concern owned and con-
trolled by service-disabled veterans for purposes of this 
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subsection shall be debarred from contracting with the De-
partment for a period of five years. 
‘‘(h) TREATMENT OF BUSINESSES AFTER DEATH OF 
VETERAN-OWNER.—(1) If the death of a veteran causes 
a small business concern to be less than 51 percent owned 
by one or more veterans, the surviving spouse of such vet-
eran who acquires ownership rights in such small business 
concern shall, for the period described in paragraph (2), 
be treated as if the surviving spouse were that veteran for 
the purpose of maintaining the status of the small busi-
ness concern as a small business concern owned and con-
trolled by veterans. 
‘‘(2) The period referred to in paragraph (1) is the 
period beginning on the date on which the veteran dies 
and ending on the earliest of the following dates: 
‘‘(A) The date on which the surviving spouse 
remarries. 
‘‘(B) The date on which the surviving spouse 
relinquishes an ownership interest in the small busi-
ness concern. 
‘‘(C) The date that is ten years after the date 
of the veteran’s death. 
‘‘(3) The death of a veteran-owner of a small business 
concern or a surviving spouse of such a veteran-owner who 
acquires ownership rights in such concern shall not be 
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cause for termination of a contract awarded under this 
section that is in effect at the time of death of such owner 
or surviving spouse. 
‘‘(i) CHANGE IN OWNERSHIP OR CONTROL.—(1) Ex-
cept as provided in subsection (h), if a small business con-
cern that is awarded a contract under this section under-
goes a change in management or control during the period 
for which the contract is in effect such that it is no longer 
a small business concern owned and controlled by vet-
erans, the Secretary shall end the contract on the date 
on which the performance of the term of the contract is 
complete. 
‘‘(2) Such a contract that contains an option or op-
tions to extend the contract may be extended for a total 
of not more than 1 year pursuant to any such option. 
‘‘(j) PRIORITY FOR CONTRACTING PREFERENCES.— 
Preferences for awarding contracts to small business con-
cerns shall be applied in the following order of priority: 
‘‘(1) Contracts awarded pursuant to subsection 
(b), (c), or (d) to small business concerns owned and 
controlled by veterans with service-connected disabil-
ities. 
‘‘(2) Contracts awarded pursuant to subsection 
(b), (c), or (d) to small business concerns owned and 
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controlled by veterans that are not covered by sub-
paragraph (A). 
‘‘(3) Contracts awarded pursuant to— 
‘‘(A) section 8(a) of the Small Business 
Act (15 U.S.C. 637(a)); or 
‘‘(B) section 31 of such Act (15 U.S.C. 
657a). 
‘‘(4) Contracts awarded pursuant to any other small 
business contracting preference. 
‘‘(k) QUARTERLY REPORTS.—Not later than 60 days 
after the last day of a fiscal quarter, the Secretary shall 
submit to Congress a report on small business contracting 
during that fiscal quarter, which shall include the fol-
lowing: 
‘‘(1) The percentage of the total amount of all 
contracts awarded by the Department during that 
fiscal quarter that were awarded to small business 
concerns owned and controlled by veterans. 
‘‘(2) The percentage of the total amount of all 
such contracts awarded to small business concerns 
owned and controlled by veterans with service-con-
nected disabilities. 
‘‘(3) The percentage of the total amount of all 
contracts awarded by each Administration of the De-
partment during that fiscal quarter that were 
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awarded to small business concerns owned and con-
trolled by veterans. 
‘‘(4) The percentage of the total amount of all 
contracts awarded by each such Administration dur-
ing that fiscal quarter that were awarded to small 
business concerns owned and controlled by veterans. 
‘‘(l) DEFINITIONS.—In this section: 
‘‘(1) The term ‘small business concern’ has the 
meaning given that term under section 3 of the 
Small Business Act (15 U.S.C. 632). 
‘‘(2) The term ‘small business concern owned 
and controlled by veterans’ means a small business 
concern— 
‘‘(A)(i) not less than 51 percent of which 
is owned by one or more veterans or, in the 
case of a publicly owned business, not less than 
51 percent of the stock of which is owned by 
one or more veterans; and 
‘‘(ii) the management and daily business 
operations of which are controlled by one or 
more veterans; or 
‘‘(B) not less than 51 percent of which is 
owned by one or more veterans with service- 
connected disabilities that are permanent and 
total who are unable to manage the daily busi-
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ness operations of such concern or, in the case 
of a publicly owned business, not less than 51 
percent of the stock of which is owned by one 
or more such veterans.’’. 
(b) TRANSITION RULE.—A small business concern 
that is listed in any small business database maintained 
by the Secretary of Veterans Affairs on the date of the 
enactment of this Act shall be presumed to be eligible for 
inclusion in the database under subsection (f) of section 
8127 of title 38, United States Code, as added by sub-
section (a), during the period beginning on the date of 
the enactment of this Act and ending one year after the 
date of the enactment of this Act. Such a small business 
concern may be removed from the database during that 
period if it is found not to be a small business concern 
owned and controlled by veterans (as defined in subsection 
(l) of such section). 
(c) COMPTROLLER GENERAL REPORT AND STUDY.— 
(1) During the first three fiscal years for which this sec-
tion is in effect, the Comptroller General shall conduct a 
study on the efforts made by the Secretary of Veterans 
Affairs to meet the contracting goals established pursuant 
to section 8127 of title 38, United States Code, as added 
by subsection (a). 
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(2) On January 31 of each year during which the 
Comptroller General conducts the study under paragraph 
(1), the Comptroller General shall submit to Congress an 
interim report on such study, placing special emphasis on 
any structural or organizational issues within the Depart-
ment of Veterans Affairs that might act as an impediment 
to reaching such contracting goals. 
(3) Not later than 90 days after the end of the three- 
year period during which the Comptroller General con-
ducts the study under paragraph (1), the Comptroller 
General shall submit to Congress a report on the findings 
of such study. 
(d) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter is amended by inserting 
after the item relating to section 8126 the following new 
item: 
‘‘8127. Small business concerns owned and controlled by veterans; Department 
contracting goals and preferences.’’. 
SEC. 102. DEPARTMENT OF VETERANS AFFAIRS CON-
TRACTING PRIORITY FOR VETERAN-OWNED 
SMALL BUSINESSES. 
(a) PRIORITY FOR VETERAN-OWNED SMALL BUSI-
NESSES.—Subchapter II of chapter 81 of title 38, United 
States Code, as amended by section 101(a), is further 
amended by adding at the end the following new section: 
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‘‘§ 8128. Contracting priority for small business con-
cerns owned and controlled by veterans 
‘‘(a) IN GENERAL.—In procuring goods and services 
pursuant to a contracting preference under this title or 
any other provision of law, the Secretary shall give priority 
to a small business concern owned and controlled by vet-
erans, if such business concern also meets the require-
ments of that contracting preference. 
‘‘(b) DEFINITION.—The term ‘small business concern 
owned and controlled by veterans’ means a small business 
concern that is on the list maintained by the Secretary 
under section 8127(f) of this title.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of such chapter, as amended by section 
101, is further amended by inserting after the item relat-
ing to section 8127 the following new item: 
‘‘8128. Contracting priority for small business concerns owned and controlled 
by veterans.’’. 
SEC. 103. EFFECTIVE DATE. 
This title and the amendments made by this title 
shall take effect on the date that is 180 days after the 
date of the enactment of this Act. 
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TITLE II—MEMORIAL AFFAIRS 
SEC. 201. ELIGIBILITY OF INDIAN TRIBAL ORGANIZATIONS 
FOR GRANTS FOR THE ESTABLISHMENT OF 
VETERANS CEMETERIES ON TRUST LANDS. 
Section 2408 of title 38, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(f)(1) The Secretary may make grants under this 
subsection to any tribal organization to assist the tribal 
organization in establishing, expanding, or improving vet-
erans’ cemeteries on trust land owned by, or held in trust 
for, the tribal organization. 
‘‘(2) Grants under this subsection shall be made in 
the same manner, and under the same conditions, as 
grants to States are made under the preceding provisions 
of this section. 
‘‘(3) In this subsection: 
‘‘(A) The term ‘tribal organization’ has the 
meaning given that term in section 3765(4) of this 
title. 
‘‘(B) The term ‘trust land’ has the meaning 
given that term in section 3765(1) of this title.’’. 
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SEC. 202. REPEAL OF EXPIRATION AND EXPANDED APPLI-
CATION OF DEPARTMENT OF VETERANS AF-
FAIRS BENEFIT FOR GOVERNMENT MARKERS 
OR HEADSTONES FOR MARKED GRAVES OF 
VETERANS BURIED IN PRIVATE CEMETERIES. 
(a) REPEAL
OF
EXPIRATION
OF
GOVERNMENT 
MARKER BENEFIT AND OBSOLETE PROVISION.—Section 
2306(d) of title 38, United States Code, is amended by 
striking paragraphs (3) and (4). 
(b) APPLICATION OF GOVERNMENT MARKER BEN-
EFIT TO VETERANS DYING ON OR AFTER NOVEMBER 1, 
1990.—Subsection (d) of section 502 of the Veterans 
Education and Benefits Expansion Act of 2001 (Public 
Law 107-103; 38 U.S.C. 2306 note) is amended by strik-
ing ‘‘September 11, 2001’’ and inserting ‘‘November 1, 
1990’’. 
(c) PROVISION OF GOVERNMENT HEADSTONES.— 
(1) PROVISION
OF
HEADSTONES.—Subsection 
(d) of section 2306 of title 38, United States Code, 
is amended— 
(A) in paragraph (1)— 
(i) in the first sentence, by inserting 
‘‘headstone or’’ after ‘‘Government’’; and 
(ii) in the second sentence, by insert-
ing ‘‘headstone or’’ before ‘‘marker’’ each 
place it appears; and 
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(B) in paragraph (2), by inserting ‘‘head-
stone or’’ before ‘‘marker’’. 
(2) 
CONFORMING
AMENDMENT.—Subsection 
(g)(3) of such section is amended by inserting 
‘‘headstone or’’ before ‘‘marker’’. 
(d) PLACEMENT OF GOVERNMENT HEADSTONES OR 
MARKERS.—Subsection (d)(1) of such section, as amend-
ed by subsection (c), is further amended by adding at the 
end the following new sentence: ‘‘If placing the Govern-
ment headstone or marker on the grave for which it is 
requested is impossible or impracticable, a headstone or 
marker may be furnished if the individual making the re-
quest for the headstone or marker certifies to the Sec-
retary that the headstone or marker will be placed within 
the grounds of the cemetery in which the grave for which 
the headstone or marker is requested and as close as pos-
sible or practicable to that grave.’’. 
(e) DELIVERY OF GOVERNMENT HEADSTONES OR 
MARKERS.—Subsection (d)(2) of such section, as amend-
ed by subsection (c), is further amended by inserting be-
fore the period at the end the following: ‘‘or to a receiving 
agent of that cemetery’’. 
(f) SELECTION OF GOVERNMENT HEADSTONES AND 
MARKERS.—Subsection (d) of such section, as amended 
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