[House Report 115-689]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-689
======================================================================
SERVICE-DISABLED VETERANS SMALL BUSINESS CONTINUATION ACT
_______
May 18, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Roe of Tennessee, from the Committee on Veterans' Affairs,
submitted the following
R E P O R T
[To accompany H.R. 5044]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred
the bill (H.R. 5044) to amend title 38, United States Code, to
clarify the treatment of certain surviving spouses under the
contracting goals and preferences of the Department of Veterans
Affairs, having considered the same, report favorably thereon
without amendment and recommend that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Subcommittee Consideration....................................... 3
Committee Consideration.......................................... 3
Committee Votes.................................................. 3
Committee Correspondence.........................................
Committee Oversight Findings..................................... 3
Statement of General Performance Goals and Objectives............ 4
New Budget Authority, Entitlement Authority, and Tax Expenditures 4
Earmarks and Tax and Tariff Benefits............................. 4
Committee Cost Estimate.......................................... 4
Congressional Budget Office Estimate............................. 4
Federal Mandates Statement....................................... 5
Advisory Committee Statement..................................... 5
Constitutional Authority Statement............................... 5
Applicability to Legislative Branch.............................. 5
Statement on Duplication of Federal Programs..................... 5
Disclosure of Directed Rulemaking................................ 6
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill as Reported............. 6
Purpose and Summary
H.R. 5044, the ``Service-Disabled Veterans Small Business
Continuation Act,'' would provide a technical and clerical
amendment of section 8127 of title 38, United States Code
(U.S.C.) to ensure that small businesses owned and operated by
eligible surviving spouses continue to receive preference in
contracting at the U.S. Department of Veterans Affairs (VA).
H.R. 5044 was introduced by Representative Steve Chabot of Ohio
on February 15, 2018.
Background and Need for Legislation
The ``Veterans Benefits, Health Care, and Information
Technology Act of 2006''\1\ authorized a new sole-source
preference for Veteran Owned Small Businesses (VSOB) and
Service Disabled Veteran Owned Small Business (SDVOSB) at VA.
Data from this program shows that this preference has created
many opportunities for small businesses since its creation. In
fiscal year 2007, VA awarded $370.7 million, or 3.64 percent of
their total contracting budget, to SDVOSB firms.\2\ By fiscal
year 2017, contracting dollars awarded to SDVOSBs had grown to
$5.1 billion, or 19.52 percent of all contracting dollars
spent.\3\
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\1\Public Law 109-461. https://www.va.gov/ogc/docs/pl109-461.pdf.
\2\Small Business Dashboard FY2006. U.S. General Services
Administration. https://smallbusiness.data.gov/
explore?carryfilters=on&fromfiscal=yes&tab=By+Performance+Goal&fiscal_ye
ar=2017&tab=By+Performance+Goal&fiscal_year=2006&fromfiscal=yes&carryfil
ters=on&Submit=Go.
\3\Small Business Dashboard FY2017. U.S. General Services
Administration. https://smallbusiness.data.gov/
explore?carryfilters=on&fromfiscal=yes&tab=By+Performance+Goal&fiscal_ye
ar=2018&tab=By+Performance+Goal&fiscal_year=2017&fromfiscal=yes&carryfil
ters=on&Submit=Go.
---------------------------------------------------------------------------
While the Committee believes this growth is laudable, there
has been concern that section 8127 of title 38, U.S.C., did not
appropriately address concerns of what happens to awards and
contracts of a VOSB and SDVOB when the veteran-owner dies. The
sudden death of a veteran could bring significant upheaval for
a small business, as they lose their VA contracts, which can
impact not only the veteran's family but employees as well.
Public Law 109-461, which created section 8127 of title 38,
U.S.C., authorized that only spouses of veterans who were rated
as 100 percent disabled at the time of their death would be
able to claim SDVSOB status for ten years following the
veteran's death. The Committee believed section 8127 was too
limited and therefore amended it to authorize spouses of
veterans who died with less than a 100 percent disability
rating to maintain VOSB and SDVOSB status for up to three years
following the veteran's death.\4\ Unfortunately, the National
Defense Authorization Act for Fiscal Year 2017 (FY17 NDAA),
struck the amendments to section 8127 of title 38, U.S.C. The
amendments made by the FY17 NDAA to section 8127 of title 38,
U.S.C. are not effective until both VA and the U.S. Small
Business Administration (SBA) issue regulations implementing
the amendments.
---------------------------------------------------------------------------
\4\Public Law 114-315.
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This bill would amend section 8127(k) of title 38 U.S.C.,
to supersede the FY17 NDAA to clarify that surviving spouses of
veterans who died with less than a 100 percent disability
rating can maintain their SDVOSB status until one of the
following instance occurs: three years after the veteran's
death; when the surviving spouse remarries; or when the
surviving spouse relinquishes ownership of the small business.
Hearings
On March 20, 2018, the Subcommittee on Economic Opportunity
held a legislative hearing on several bills pending before the
Subcommittee including H.R. 5044.
The following witnesses testified:
The Honorable Gus Bilirakis, U.S. House of
Representatives, 12th District, Florida; The Honorable
Brad Wenstrup, U.S. House of Representatives, 2nd
District, Ohio; The Honorable Ted Poe, U.S. House of
Representatives, 2nd District, Texas; The Honorable
Luke Messer, U.S. House of Representatives 6th
District, Indiana; The Honorable Steve Russell, U.S.
House of Representatives, 5th District, Oklahoma; MG
Robert M. Worley II, USAF (Ret.), Director, Education
Service, Veterans Benefit Administration, U.S.
Department of Veterans Affairs accompanied by Mr.
Jeffrey London, Director, Loan Guaranty Service,
Veterans Benefits Administration, U.S. Department of
Veterans Affairs; Mr. John J. Kamin, Assistant
Director, Veterans Employment and Education Division,
The American Legion; Ms. Ashlynne Haycock, Manager,
Education Services, Tragedy Assistance Program for
Survivors; and Mr. William Hubbard, Vice President of
Government Affairs, Student Veterans of America.
Statements for the record were submitted by:
The Honorable Steve Chabot, U.S. House of
Representatives, 1st District, Ohio; the U.S.
Department of Labor; the National Association of State
Approving Agencies; and the National Association of
Veterans' Programs Administrators.
Subcommittee Consideration
On April 11, 2018, the Subcommittee on Economic Opportunity
met in open markup session, a quorum being present and
favorably forwarded H.R. 5044 to the Full Committee.
Committee Consideration
On May 8, 2018, the Full Committee met in open markup
session, a quorum being present, and ordered H.R. 5044 be
reported favorably to the House of Representatives by voice
vote.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, no recorded votes were taken on
amendments or in connection with ordering H.R. 5044 reported
favorably to the House.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives of H.R. 5044 are to improve eligibility
for the Vets First contracting program.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee adopts as its
own the estimate of new budget authority, entitlement
authority, or tax expenditures or revenues contained in the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
Earmarks and Tax and Tariff Benefits
H.R. 5044 does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of rule XXI of the Rules of the House of
Representatives.
Committee Cost Estimate
The Committee adopts as its own the cost estimate on H.R.
5044 prepared by the Director of the Congressional Budget
Office pursuant to section 402 of the Congressional Budget Act
of 1974.
Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
for H.R. 5044 is provided by the Director of the Congressional
Budget Office. Pursuant to section 402 of the Congressional
Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 9, 2018.
Hon. Phil Roe, M.D.,
Chairman, Committee on Veterans' Affairs,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 5044, the Service-
Disabled Veterans Small Business Continuation Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Logan Smith.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 5044--Service-Disabled Veterans Small Business Continuation Act
In procuring goods and services, the Department of Veterans
Affairs (VA) provides a special preference to firms owned and
controlled by veterans with service-connected disabilities.
Under current law, surviving spouses of veterans whose service-
connected disabilities were rated at 100 percent are eligible
to retain that preferential contracting status for up to 10
years after the veteran's death. H.R. 5044 would authorize
similar treatment for surviving spouses of veterans whose
service-connected disabilities were rated at less than 100
percent. Those spouses would be allowed to retain priority for
obtaining contracts for up to three years.
CBO expects the bill would result in minimal administrative
costs to verify the new owners. On that basis, CBO estimates
that implementing H.R. 5044 would cost less than $500,000 over
the 2019-2023 period; that spending would be subject to the
availability of appropriated funds.
Enacting H.R. 5044 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 5044 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
H.R. 5044 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Logan Smith. The
estimate was reviewed by Leo Lex, Deputy Assistant Director for
Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates regarding H.R. 5044 prepared by the Director of the
Congressional Budget Office. Pursuant to section 423 of the
Unfunded Mandated Reform Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act would be created by H.R.
5044.
Constitutional Authority Statement
Pursuant to Article I, section 8 of the United States
Constitution, H.R. 5044, as amended, is authorized by Congress'
power to ``provide for the common Defense and general Welfare
of the United States.''
Applicability to Legislative Branch
The Committee finds that H.R. 5044 does not relate to the
terms and conditions of employment or access to public services
or accommodations within the meaning of section 102(b)(3) of
the Congressional Accountability Act of 1995.
Statement on Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 5044 establishes or reauthorizes a program of the
Federal Government known to be duplicative of another Federal
program, a program that was included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139, or a program related to a
program identified in the most recent Catalog of Federal
Domestic Assistance.
Disclosure of Directed Rulemaking
Pursuant to section 3(i) of H. Res. 5, 115th Cong. (2017),
H.R. 5044 would not require the Secretary to publish new
regulations for carrying out this bill.
Section-by-Section Analysis of the Legislation
Sec. 1. Short title
This section cites that the short title of the bill is,
``Service-Disabled Veterans Small Business Continuation Act.''
Sec. 2. Technical amendment regarding treatment of certain surviving
spouses under contracting goals and preferences of Department
of Veterans Affairs
This section would amend section 8127(k)(3) of title 38,
U.S.C., to clarify that a surviving spouse of a veteran who is
not rated as 100 percent disabled would be treated a eligible
as part of the Vets First program as specified in section 8127
of title U.S.C. The period for which they would be eligible
would begin on the date of the death of the veteran and end on
the date that is three years after this death, on the date when
the spouse re-marries, or the date when the surviving spouse
relinquishes ownership of the small business, whichever comes
first.
This section would become effective on the date specified
by section 1832(e) of the National Defense Authorization Act
for Fiscal Year 2017.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italic, and existing law in which no change is
proposed is shown in roman):
TITLE 38, UNITED STATES CODE
* * * * * * *
PART VI--ACQUISITION AND DISPOSITION OF PROPERTY
* * * * * * *
CHAPTER 81--ACQUISITION AND OPERATION OF HOSPITAL AND DOMICILIARY
FACILITIES; PROCUREMENT AND SUPPLY; ENHANCED-USE LEASES OF REAL
PROPERTY
* * * * * * *
SUBCHAPTER II--PROCUREMENT AND SUPPLY
* * * * * * *
Sec. 8127. Small business concerns owned and controlled by veterans:
contracting goals and preferences
(a) Contracting Goals.--(1) In order to increase contracting
opportunities for small business concerns owned and controlled
by veterans and small business concerns owned and controlled by
veterans with service-connected disabilities, the Secretary
shall--
(A) establish a goal for each fiscal year for
participation in Department contracts (including
subcontracts) by small business concerns owned and
controlled by veterans who are not veterans with
service-connected disabilities in accordance with
paragraph (2); and
(B) establish a goal for each fiscal year for
participation in Department contracts (including
subcontracts) by small business concerns owned and
controlled by veterans with service-connected
disabilities in accordance with paragraph (3).
(2) The goal for a fiscal year for participation under
paragraph (1)(A) shall be determined by the Secretary.
(3) The goal for a fiscal year for participation under
paragraph (1)(B) shall be not less than the Government-wide
goal for that fiscal year for participation by small business
concerns owned and controlled by veterans with service-
connected disabilities under section 15(g)(1) of the Small
Business Act (15 U.S.C. 644(g)(1)).
(4) The Secretary shall establish a review mechanism to
ensure that, in the case of a subcontract of a Department
contract that is counted for purposes of meeting a goal
established pursuant to this section, the subcontract was
actually awarded to a business concern that may be counted for
purposes of meeting that goal.
(b) Use of Noncompetitive Procedures for Certain Small
Contracts.--For purposes of meeting the goals under subsection
(a), and in accordance with this section, in entering into a
contract with a small business concern owned and controlled by
veterans for an amount less than the simplified acquisition
threshold (as defined in section 134 of title 41), a
contracting officer of the Department may use procedures other
than competitive procedures.
(c) Sole Source Contracts for Contracts Above Simplified
Acquisition Threshold.--For purposes 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
procedures other than competitive procedures if--
(1) such concern is determined to be a responsible
source with respect to performance of such contract
opportunity;
(2) the anticipated award price of the contract
(including options) will exceed the simplified
acquisition threshold (as defined in section 134 of
title 41) 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 reasonable
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 meeting 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 Businesses.--(1) Subject to
paragraphs (2) through (6), the Secretary shall maintain a
database of small business concerns owned and controlled by
veterans and the veteran owners of such business concerns.
(2)(A) 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. Application for inclusion in the
database shall constitute permission under section 552a of
title 5 (commonly referred to as the Privacy Act) for the
Secretary to access such personal information maintained by the
Secretary as may be necessary to verify the information
contained in the application.
(B) If the Secretary receives an application for inclusion in
the database from an individual whose status as a veteran
cannot be verified because the Secretary does not maintain
information with respect to the veteran status of the
individual, the Secretary may not include the small business
concern owned and controlled by the individual in the database
maintained by the Secretary until the Secretary receives such
information as may be necessary to verify that the individual
is a veteran.
(3) Information maintained in the database shall be submitted
on a voluntary basis by such veterans.
(4) No small business concern may be listed in the database
until the Secretary has verified that--
(A) the small business concern is owned and
controlled by veterans; and
(B) in the case of a small business concern for which
the person who owns and controls the concern indicates
that the person is a veteran with a service-connected
disability, that the person is a veteran with a
service-connected disability.
(5) The Secretary shall make the database available to all
Federal departments and agencies and shall notify each such
department and agency of the availability of the database.
(6) If the Secretary determines that the public dissemination
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 information in a secure and
confidential manner.
(8)(A) If a small business concern is not included in the
database because the Secretary does not verify the status of
the concern as a small business concern or the ownership or
control of the concern, the concern may appeal the denial of
verification to the Office of Hearings and Appeals of the Small
Business Administration (as established under section 5(i) of
the Small Business Act). The decision of the Office of Hearings
and Appeals shall be considered a final agency action.
(B)(i) If an interested party challenges the inclusion in the
database of a small business concern owned and controlled by
veterans or a small business concern owned and controlled by
veterans with service-connected disabilities based on the
status of the concern as a small business concern or the
ownership or control of the concern, the challenge shall be
heard by the Office of Hearings and Appeals of the Small
Business Administration as described in subparagraph (A). The
decision of the Office of Hearings and Appeals shall be
considered final agency action.
(ii) In this subparagraph, the term ``interested party''
means--
(I) the Secretary; or
(II) in the case of a small business concern that is
awarded a contract, the contracting officer of the
Department or another small business concern that
submitted an offer for the contract that was awarded to
the small business concern that is the subject of a
challenge made under clause (i).
(C) For each fiscal year, the Secretary shall reimburse the
Administrator of the Small Business Administration in an amount
necessary to cover any cost incurred by the Office of Hearings
and Appeals of the Small Business Administration for actions
taken by the Office under this paragraph. The Administrator is
authorized to accept such reimbursement. The amount of any such
reimbursement shall be determined jointly by the Secretary and
the Administrator and shall be provided from fees collected by
the Secretary under multiple-award schedule contracts. Any
disagreement about the amount shall be resolved by the Director
of the Office of Management and Budget.
(g) Enforcement Penalties for Misrepresentation.--(1) Any
business concern that is determined by the Secretary to have
willfully and intentionally misrepresented the status of that
concern as a small business concern owned and controlled by
veterans or as a small business concern owned and controlled by
service-disabled veterans for purposes of this subsection shall
be debarred from contracting with the Department for a period
of not less than five years.
(2) In the case of a debarment under paragraph (1), the
Secretary shall commence debarment action against the business
concern by not later than 30 days after determining that the
concern willfully and intentionally misrepresented the status
of the concern as described in paragraph (1) and shall complete
debarment actions against such concern by not later than 90
days after such determination.
(3) The debarment of a business concern under paragraph (1)
includes the debarment of all principals in the business
concern for a period of not less than five years.
(h) Treatment of Businesses After Death of Veteran-Owner.--
(1) Subject to paragraph (3), 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 veteran 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 business concern as a small
business concern owned and controlled 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
business concern.
(C) The date that--
(i) in the case of a surviving spouse of a
veteran with a service-connected disability
rated as 100 percent disabling or who dies as a
result of a service-connected disability, is 10
years after the date of the veteran's death; or
(ii) in the case of a surviving spouse of a
veteran with a service-connected disability
rated as less than 100 percent disabling who
does not die as a result of a service-connected
disability, is 3 years after the date of the
veteran's death.
(3) Paragraph (1) only applies to a surviving spouse of a
veteran with a service-connected disability.
(i) Priority for Contracting Preferences.--Preferences for
awarding contracts to small business concerns 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
disabilities.
(2) Contracts awarded pursuant to subsection (b),
(c), or (d) to small business concerns owned and
controlled by veterans that are not covered by
paragraph (1).
(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.
(j) Applicability of Requirements to Contracts.--(1) If after
December 31, 2008, the Secretary enters into a contract,
memorandum of understanding, agreement, or other arrangement
with any governmental entity to acquire goods or services, the
Secretary shall include in such contract, memorandum,
agreement, or other arrangement a requirement that the entity
will comply, to the maximum extent feasible, with the
provisions of this section in acquiring such goods or services.
(2) Nothing in this subsection shall be construed to
supersede or otherwise affect the authorities provided under
the Small Business Act (15 U.S.C. 631 et seq.).
(k) Annual Reports.--Not later than December 31 each year,
the Secretary shall submit to Congress a report on small
business contracting during the fiscal year ending in such
year. Each report shall include, for the fiscal year covered by
such report, the following:
(1) The percentage of the total amount of all
contracts awarded by the Department during that fiscal
year 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-connected
disabilities.
(3) The percentage of the total amount of all
contracts awarded by each Administration of the
Department during that fiscal year that were awarded to
small business concerns owned and controlled by
veterans. A surviving spouse of such a veteran who is
not covered by subparagraph (C)(i) of such section by
reason of the disability rating of the veteran being
less than 100 percent shall be treated as being so
covered during the period beginning on the date of the
death of the veteran and ending on the date that is
three years after such death, the date on which the
surviving spouse remarries, or the date on which the
surviving spouse relinquishes an ownership interest in
the small business concern, whichever occurs first.
(4) The percentage of the total amount of all
contracts awarded by each such Administration during
that fiscal year that were awarded to small business
concerns owned and controlled by veterans with service-
connected disabilities.
(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
business 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.
* * * * * * *
[all]