[Congressional Record Volume 155, Number 164 (Thursday, November 5, 2009)]
[Extensions of Remarks]
[Pages E2724-E2725]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 VETERANS' SMALL BUSINESS ASSISTANCE AND SERVICEMEMBERS PROTECTION ACT 
                                OF 2009

                                 ______
                                 

                               speech of

                            HON. STEVE BUYER

                               of indiana

                    in the house of representatives

                        Monday, November 2, 2009

  Mr. BUYER. Mr. Speaker, I rise in support of H.R. 3949, the Veterans' 
Small Business Assistance and Servicemembers Protection Act of 2009, a 
bill which I am pleased to cosponsor.
  Mr. Speaker, this is an omnibus bill that would make improvements in 
several areas of veterans legislation by including provisions from 
bills introduced by Economic Opportunity Subcommittee Chairwoman 
Herseth Sandlin, Ms. Kirkpatrick, Mr. Miller of North Carolina, Mr. 
Connolly, Mr. McIntyre, Ms. Jackson-Lee, and Mr. Frank.
  However, I am very disappointed that due to jurisdictional issues 
raised by the majority side of the Committee on Small Business, a 
provision from my bill, H.R. 3223 was withdrawn from the bill. My 
provision would merely change the word ``may'' to ``shall'' to 
authorize VA contracting officers to award non-competitive contracts 
worth less than $5,000,000 to qualified service disabled veteran-owned 
businesses. Such contracts would also be required to provide the best 
value to the government in the judgment of the contracting officer. 
Changing ``may'' to ``shall'' would merely put service-disabled 
veterans on an equal footing with businesses qualifying as an 8(a) firm 
under the Small Business Act. The word ``shall'' is used when awarding 
noncompetitive contracts to 8(a) firms. The disparity created by using 
``may'' versus ``shall'' has a negative effect on the ability of 
service disabled veteran-owned businesses to obtain contracts with VA. 
It is important that service-disabled veterans are able to compete on a 
level field and I will continue to advocate for changing ``may'' to 
``shall''.
  Mr. Speaker, I am especially proud of the provisions in Public Law 
109-461 passed during the 109th Congress, that improve the competitive 
status of veteran-owned businesses, VOB, and service-disabled veteran-
owned small businesses, SDVOB. We did that by giving Department of 
Veterans Affairs, VA, contracting officers additional tools to award 
contracts to those businesses and by making it plain that Congress 
believed that VOB and SDVOB have priority in VA small business 
contracting. One of those provisions required VA to maintain a database 
of veteran and service-disabled veteran-owned businesses and to verify 
the ownership and control of the businesses listed in the database.
  Unfortunately, VA has been slow to implement the verification process 
and has currently

[[Page E2725]]

verified only about 2,000 of the 15,000 businesses listed in the 
database. Therefore, I am delighted that Subcommittee Chairwoman 
Herseth Sandlin has clarified Congress' intent on having a business 
included only after verification of ownership and control as a means to 
prevent awarding contracts to businesses which are not veteran-owned.
  With the implementation of the new Post 9/11 GI Bill, it is more 
important than ever to ensure VA receives up-to-date advice from 
schools and State Approving Agencies on issues related to veterans 
education. I congratulate Ms. Kirkpatrick for extending the life of the 
Advisory Committee on Veterans Education through 2015.
  I am also especially pleased with H.R. 3949's provisions that would 
strengthen protections for servicemembers under the Servicemembers 
Civil Relief Act, SCRA, by clarifying the rights and obligations of 
servicemembers and providers regarding service contracts for cell phone 
service, residential and automobile leases.
  The bill also makes important changes to SCRA by codifying a 
servicemember's private right of action and authorizing the U.S. 
Attorney General to bring appropriate action in U.S. District Courts. 
The bill also authorizes the Courts to award fines up to $110,000, and 
take other appropriate actions in violations of SCRA.
  Mr. Speaker, in addition to direct injuries to a servicemember's 
eyes, one of the hidden injuries of the wars in Iraq and Afghanistan is 
the damage to vision done by explosions. Unfortunately, visual injuries 
as a result of one or more concussive injuries may not manifest for an 
extended time beyond the event. When combined with direct eye injuries, 
the number of veterans who will be seeking VA assistance with visual 
impairment will increase and I share Ms. Jackson-Lee's and her 
cosponsor, Mr. Boozman's concern that VA lacks sufficient staff who are 
experts in treating veterans with visual and mobility impairment. I 
congratulate them for the provisions that would create a scholarship 
program for those seeking a degree or certificate in that field.
  Mr. Speaker, I have long been an advocate on behalf of VA's National 
Cemetery System and compassionate treatment of the heroes that are 
buried there and their families. I appreciate Mr. Frank's initiative 
that would allow burial of a parent with a servicemember killed in 
combat or training for combat, as long as the burial would not displace 
another veteran or servicemember and it is limited to servicemembers 
who have no dependents.

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