[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.

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