[Congressional Record Volume 164, Number 83 (Monday, May 21, 2018)]
[House]
[Pages H4259-H4260]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SERVICE-DISABLED VETERANS SMALL BUSINESS CONTINUATION ACT
Mr. ROE of Tennessee. Mr. Speaker, I move to suspend the rules and
pass 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.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5044
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 ``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.
Effective on the date specified in subsection (e) of
section 1832 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2660),
section 8127(k)(3) of title 38, United States Code, as
amended by such section 1832, is further amended by inserting
after the period at the end the following new sentence: ``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.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Tennessee (Mr. Roe) and the gentleman from Minnesota (Mr. Walz) each
will control 20 minutes.
The Chair recognizes the gentleman from Tennessee.
General Leave
Mr. ROE of Tennessee. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks and include extraneous material on H.R. 5044.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Tennessee?
There was no objection.
Mr. ROE of Tennessee. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise today in support of H.R. 5044, Service-Disabled
Veterans Small Business Continuation Act.
Current law authorizes a special set-aside program at the Department
of Veterans Affairs for veteran-owned small businesses and Service
Disabled Veteran Owned Small Businesses called Vets First Program. This
program has been highly successful in providing VOSBs and SDVOSBs more
opportunities, so much so that VA spent almost 20 percent of all
contracting dollars with these firms in 2017.
While we should all laud the success of the program, there has been
concern that current law did not appropriately address concerns of what
happens to awards and contracts of VOSB and SDVOSB 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.
H.R. 5044 would clarify and authorize the spouses of veterans who
died with less than a 100-percent disability rating to maintain VOSB
and SDVOSB status for up to 3 years following the veteran's death.
I believe this change to current law is an appropriate way to
continue the success of the Vets First Program without hurting other
veteran firms.
Mr. Speaker, I thank my colleague, Chairman Chabot, for introducing
this bill, I urge my colleagues to support H.R. 5044, and I reserve the
balance of my time.
Mr. WALZ. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I stand in strong support of H.R. 5044. The gentleman
has brought a really important point forward.
Currently, if a veteran's death results in their small business
becoming less than 51 percent owned by a service-disabled veteran, the
surviving spouse can acquire the veteran's ownership interest if the
veteran had a 100-percent disability rating. This allows the surviving
spouse to keep their loved one's small business status.
However, the surviving spouse of a deceased veteran who had less than
a 100-percent disability is not allowed to do the same.
This is a clear-cut case, I think, of spirit and intent of the law. I
don't think anyone intended for a 60-percent service-disabled veteran
who maybe lost a limb in combat, and then who dies, for their spouse to
lose their eligibility. It is a really important point to bring up.
This bill will now permit a surviving spouse to maintain a Service
Disabled Veteran Owned Small Business status
[[Page H4260]]
for a period of 3 years after the veteran's death, or until the spouse
remarries.
This simply allows a Gold Star spouse a bit more time after a loved
one's death to settle any business affairs of the deceased spouse it
had.
It is the right thing to do to ease the burden that comes with the
loss of a spouse in expression of our gratitude for their family's
service.
Mr. Speaker, I appreciate the gentleman from Ohio's willingness to
point this out, I strongly support this, and I reserve the balance of
my time.
Mr. ROE of Tennessee. Mr. Speaker, I yield 3 minutes to the gentleman
from Ohio (Mr. Chabot). This is his piece of legislation. I appreciate
him being here on the floor today.
Mr. CHABOT. Mr. Speaker, I thank Chairman Roe and Ranking Member Walz
for their leadership.
Mr. Speaker, I urge my colleagues to support H.R. 5044, the Service-
Disabled Veterans Small Business Continuation Act.
This bill ensures that the surviving spouses of Service Disabled
Veteran Owned Small Businesses are able to retain the Service Disabled
Veteran Owned status of their small business for 3 years, as was
mentioned, after the passing of the veteran spouse.
This policy is already codified in title 38 of the United States
Code. However, there is a lack of parity between title 38 and the Small
Business Act.
I have heard from several small businesses about this issue,
including one in my district, that this discrepancy creates legal
uncertainty and confusion in the application of this important policy.
What we are trying to do is clear it up.
To guarantee clarity and certainty for the administration of these
Service Disabled Veteran Owned Small Businesses, the Small Business Act
must conform with the policy prescribed in title 38.
{time} 1615
H.R. 5044 dispels any legal uncertainty, ensuring that these
important policy changes to the law are sustained. Most importantly,
this bill provides peace of mind for surviving spouses of veteran
business owners. And one of the main things a veteran is always looking
out for is making sure that his or her spouse is taken care of after
they are gone. So this will not only give the surviving spouse peace of
mind, but the veteran himself or herself peace of mind ahead of time.
Again, I thank the chairman and the ranking member and members of the
House Veterans Affairs' Committee for their leadership in clearing this
up and, again, giving peace of mind to veterans and their spouses all
over America. I would urge my colleagues to support H.R. 5044.
Mr. WALZ. Mr. Speaker, this is a good piece of legislation. I am
grateful for the gentleman bringing it up. I encourage its passage, and
I yield back the balance of my time.
Mr. ROE of Tennessee. Mr. Speaker, I encourage all Members to support
H.R. 5044, and I yield back the balance of my time.
Ms. JACKSON LEE. Mr. Speaker, I rise in strong support of H.R. 5044,
the Service-Disabled Veterans Small Business Continuation Act.
H.R. 5044 amends title 38, of the United States Code to clarify the
treatment of certain surviving spouses under the contracting goals and
preferences of the Department of Veterans Affairs.
Nearly 1 in 10 small businesses are owned by veterans and among these
veteran-owned businesses, they collectively have generated over $1
trillion in sales.
When the owner of a Service-Disabled Veteran-Owned Small Business
passes away, his or her spouse is permitted to inherit the business and
retain priority status to obtain VA contracts in the federal
procurement marketplace.
In obtaining goods and services, the VA provides a special preference
to firms owned and controlled by veterans with service-connected
disabilities.
Surviving spouses of veterans with service-connected disabilities
rated at 100 percent are eligible to retain this preferential
contracting status for up to 10 years after the veteran's death.
Passing H.R. 5044 would authorize similar treatment for surviving
spouses of veterans whose service-connected disabilities are rated less
than 100 percent and it would enable these spouses to retain priority
status for obtaining contracts for up to three years.
Mr. Speaker, H.R. 5044 protects widows and widowers from any major
disruptions to their businesses during one of the most difficult times
in their lives, the passing of a loved one who bravely served our
country.
Mr. Speaker, our veterans bravely put their lives on the line to
defend our freedoms and to keep our nation safe. For those who end up
making the ultimate sacrifice for our nation, it is crucial that we
honor their sacrifice any way we can by honoring the widows and
widowers.
I urge my colleagues to join me in supporting H.R. 5540 to show their
gratitude for the sacrifices made by our service men and women, and to
maintain the livelihood of their spouses.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Tennessee (Mr. Roe) that the House suspend the rules and
pass the bill, H.R. 5044.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
____________________