June 25, 2003

Received; read twice and referred to the Committee on Veterans' Affairs

To amend title 38, United States Code, to improve education and entrepreneurship benefits, housing benefits, and certain other benefits for veterans, 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 Entrepreneurship and Benefits Improvement Act of 2003'.

SEC. 2. AUTHORIZATION FOR STATE APPROVING AGENCIES TO APPROVE CERTAIN ENTREPRENEURSHIP COURSES.

(a) APPROVAL OF ENTREPRENEURSHIP COURSES- Section 3675 of title 38, United States Code, is amended by adding at the end the following new subsection:

`(c)(1) A State approving agency may approve the entrepreneurship courses offered by a qualified provider of entrepreneurship courses.

`(2) For purposes of this subsection, the term `entrepreneurship course' means a non-degree, non-credit course of business education that enables or assists a person to start or enhance a small business enterprise.

`(3) Subsection (a) and paragraphs (1) and (2) of subsection (b) do not apply to--

`(A) an entrepreneurship course offered by a qualified provider of entrepreneurship courses; and

`(B) a qualified provider of entrepreneurship courses by reason of such provider offering one or more entrepreneurship courses.'.

(b) BUSINESS OWNERS NOT TREATED AS ALREADY QUALIFIED- Section 3471 of such title is amended by inserting before the last sentence the following: `The Secretary shall not treat a person as already qualified for the objective of a program of education offered by a qualified provider of entrepreneurship courses solely because such person is the owner or operator of a business.'.

(c) INCLUSION OF ENTREPRENEURSHIP COURSES IN DEFINITION OF PROGRAM OF EDUCATION- Subsection (b) of section 3452 of such title is amended by adding at the end the following: `Such term also includes any course, or combination of courses, offered by a qualified provider of entrepreneurship courses.'.

(d) INCLUSION OF QUALIFIED PROVIDER OF ENTREPRENEURSHIP COURSES IN DEFINITION OF EDUCATIONAL INSTITUTION- Subsection (c) of section 3452 of such title is amended by adding at the end the following: `Such term also includes any qualified provider of entrepreneurship courses.'.

(e) DEFINITION OF QUALIFIED PROVIDER OF ENTREPRENEURSHIP COURSES- Section 3452 of such title is further amended by adding at the end the following new subsection:

`(h) The term `qualified provider of entrepreneurship courses' means--

`(1) a small business development center described in section 21 of the Small Business Act (15 U.S.C. 648), and

`(2) the National Veterans Business Development Corporation (established under section 33 of such Act (15 U.S.C. 657c)) insofar as the Corporation offers or sponsors an entrepreneurship course (as defined in section 3675(c)(2) of this title).'.

(f) EFFECTIVE DATE- The amendments made by this section shall apply to courses approved by State approving agencies after the date of the enactment of this Act.

SEC. 3. PROCUREMENT PROGRAM FOR CERTIFIED SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY QUALIFIED SERVICE-DISABLED VETERANS, ETC.

(a) ESTABLISHMENT OF PROGRAM- The Small Business Act (15 U.S.C. 631 et seq.) is amended by redesignating section 36 as section 38 and by inserting after section 35 the following new sections:

`SEC. 36. PROCUREMENT PROGRAM FOR CERTIFIED SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY QUALIFIED SERVICE-DISABLED VETERANS.

`(a) SOLE SOURCE CONTRACTS- In accordance with this section, a contracting officer may award a sole source contract to any certified small business concern owned and controlled by qualified service-disabled veterans if--

`(1) such concern is determined to be a responsible contractor with respect to performance of such contract opportunity and the contracting officer does not have a reasonable expectation that 2 or more certified small business concerns owned and controlled by qualified service-disabled veterans will submit offers for the contracting opportunity;

`(2) the anticipated award price of the contract (including options) will not exceed--

`(A) $5,000,000, in the case of a contract opportunity assigned a standard industrial classification code for manufacturing; or

`(B) $3,000,000, in the case of any other contract opportunity; and

`(3) in the estimation of the contracting officer, the contract award can be made at a fair and reasonable price.

`(b) RESTRICTED COMPETITION- In accordance with this section, a contracting officer may award contracts on the basis of competition restricted to certified small business concerns owned and controlled by qualified service-disabled veterans if the contracting officer has a reasonable expectation that not less than 2 certified small business concerns owned and controlled by qualified service-disabled veterans will submit offers and that the award can be made at a fair market price.

`(c) ENFORCEMENT; PENALTIES- Rules similar to the rules of section 31(c) shall apply for purposes of this section.

`(d) COLLECTION OF DATA REGARDING SMALL BUSINESS CONCERNS OWNED AND CONTROLLED BY SERVICE-DISABLED VETERANS-

`(1) SURVEY- Not later than 2 years after the date of the enactment of this section and each 3 years thereafter, the Administrator, in consultation with the Secretary of Veterans Affairs, shall complete a survey of service-disabled veterans receiving benefits under title 38, United States Code, to determine the number, identity, and primary industry classification of small business concerns owned and controlled by service-disabled veterans.

`(2) REPORT TO CONGRESS- The Administrator, in consultation with the Secretary of Veterans Affairs, shall report to Congress on the results of each survey conducted under paragraph (1). Such report shall include the total number of small business concerns owned and controlled by service-disabled veterans.

`(e) CONTRACTING OFFICER- For purposes of this section and section 37, the term `contracting officer' has the meaning given such term in section 27(f)(5) of the Office of Federal Procurement Policy Act (41 U.S.C. 423(f)(5)).

`SEC. 37. PRIORITY OF SMALL BUSINESS PROCUREMENT PREFERENCES.

`(a) IN GENERAL- A contracting officer may not make a procurement from a source on the basis of a preference provided under any provision of this Act referred to in subsection (b) unless the contracting officer has determined that such procurement cannot be made on the basis of a preference provided under another provision of this Act with a higher priority under such subsection.

`(b) ORDER OF PRIORITY- For purposes of this section, the following provisions of this Act are listed in order of priority from highest to lowest:

`(1) Section 8(a).

`(2) Section 36(b).

`(3) Section 36(a).

`(4) Section 31(b)(2)(B).

`(5) Section 31(b)(2)(A).

`(6) Section 8(m).

`(c) PRIORITY OF CERTAIN OTHER PROCUREMENT PREFERENCES- A procurement may not be made from a source on the basis of a preference provided under any provision of this Act referred to in subsection (b) if the procurement would otherwise by made from a different source under section 4124 or 4125 of title 18, United States Code, or the Javits-Wagner-O'Day Act (41 U.S.C. 46 et seq.).'.

(b) CERTIFIED SMALL BUSINESS CONCERN OWNED AND CONTROLLED BY SERVICE-DISABLED VETERANS- Subsection (q) of section 3 of the Small Business Act (15 U.S.C. 632) is amended by adding at the end the following new paragraph:

`(5) CERTIFIED SMALL BUSINESS CONCERN OWNED AND CONTROLLED BY QUALIFIED SERVICE-DISABLED VETERANS-

`(A) QUALIFIED SERVICE-DISABLED VETERAN- The term `qualified service-disabled veteran' means any veteran who--

`(i) has one or more disabilities that are service-connected (as defined in section 101(16) of title 38, United States Code) and rated at 10 percent or more by the Secretary of Veterans Affairs; or

`(ii) is entitled to benefits under section 1151 of title 38, United States Code.

`(B) SMALL BUSINESS CONCERN OWNED AND CONTROLLED BY QUALIFIED SERVICE-DISABLED VETERANS- The term `small business concern owned and controlled by qualified service-disabled veterans' means a small business concern--

`(i) not less than 51 percent of which is owned by one or more qualified service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more qualified service-disabled veterans; and

`(ii) the management and daily business operations of which are controlled by one or more qualified service-disabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

`(C) CERTIFIED SMALL BUSINESS CONCERN OWNED AND CONTROLLED BY QUALIFIED SERVICE-DISABLED VETERANS- The term `certified small business concern owned and controlled by qualified service-disabled veterans' means any small business concern owned and controlled by qualified service-disabled veterans that is certified by the Administrator as being such a concern.'.

(c) CONFORMING AMENDMENTS- Paragraph (2) of section 31(b) of the Small Business Act (15 U.S.C. 657a(b)) is amended--

(1) by striking `Notwithstanding any other provision of law' and inserting `In accordance with this section';

(2) in subparagraph (B)--

(A) by striking `a contract opportunity shall be awarded pursuant to this section' and inserting `a contracting officer may award contracts'; and

(B) by striking `; and' at the end and inserting a period; and

(3) by striking subparagraph (C).

(d) DEPARTMENT OF VETERANS AFFAIRS PILOT PROGRAM-

(1) IN GENERAL- In the case of a contracting officer of the Department of Veterans Affairs, the provisions of the Small Business Act referred to in paragraphs (1), (2), and (3) of section 37(b) of such Act shall be treated as being equal in priority for purposes of applying section 37 of such Act.

(2) TERMINATION- Paragraph (1) shall not apply with respect to procurements made after September 30, 2007.

SEC. 4. AUTHORIZATION TO PROVIDE ADAPTED HOUSING ASSISTANCE TO CERTAIN DISABLED MEMBERS OF THE ARMED FORCES WHO REMAIN ON ACTIVE DUTY.

Section 2101 of title 38, United States Code, is amended by adding at the end the following new subsection:

`(c)(1) The Secretary may provide assistance under subsection (a) to a member of the Armed Forces serving on active duty who is suffering from a disability described in paragraph (1), (2), or (3) of that subsection if such disability is the result of an injury incurred or disease contracted in or aggravated in line of duty in the active military, naval, or air service. Such assistance shall be provided to the same extent as assistance is provided under that subsection to veterans eligible for assistance under that subsection and subject to the requirements of the second sentence of that subsection.

`(2) The Secretary may provide assistance under subsection (b) to a member of the Armed Forces serving on active duty who is suffering from a disability described in subparagraph (A) or (B) of paragraph (1) of that subsection if such disability is the result of an injury incurred or disease contracted in or aggravated in line of duty in the active military, naval, or air service. Such assistance shall be provided to the same extent as assistance is provided under such subsection to veterans eligible for assistance under that subsection and subject to the requirements of paragraph (2) of that subsection.'.

SEC. 5. REINSTATEMENT OF MINIMUM REQUIREMENTS FOR SALE OF VENDEE LOANS.

(a) IN GENERAL- Section 3733(a) of title 38, United States Code, is amended--

(1) by striking paragraph (2) and redesignating paragraphs (3), (4), (5), and (6) as paragraphs (2), (3), (4), and (5), respectively; and

(2) in subparagraph (B)(i) of paragraph (3), as so redesignated, by striking `paragraph (5) of this subsection' and inserting `paragraph (4)'.

(b) INCREASE IN MAXIMUM PERCENTAGE- Section 3733(a)(1) of such title is amended--

(1) by striking `65 percent' in the first sentence and inserting `85 percent'; and

(2) by striking the second sentence.

(c) STYLISTIC AMENDMENT- Section 3733 of such title is amended by striking `paragraph (1) of this subsection' each place it appears and inserting `paragraph (1)'.

SEC. 6. PAYMENT OF ACCRUED BENEFITS.

(a) REPEAL OF LIMITATION ON PAYMENT- Subsection (a) of section 5121 of title 38, United States Code, is amended by striking `for a period not to exceed two years' in the matter preceding paragraph (1).

(b) EFFECTIVE DATE- The amendment made by subsection (a) shall take effect with respect to deaths occurring on or after the date of the enactment of this Act.

Passed the House of Representatives June 24, 2003.

Attest:

JEFF TRANDAHL,

Clerk.

END