Home > 106th Congressional Bills > H.R. 1460 (ih) To amend the Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act to decrease the requisite blood quantum required for membership in the Ysleta del Sur Pueblo tribe. [Introduced in House] ...H.R. 1460 (ih) To amend the Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act to decrease the requisite blood quantum required for membership in the Ysleta del Sur Pueblo tribe. [Introduced in House] ...
108th CONGRESS
1st Session
H. R. 1460
_______________________________________________________________________
AN ACT
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.
108th CONGRESS
1st Session
H. R. 1460
_______________________________________________________________________
AN ACT
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
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