STATEMENT BY EMIL W. NASCHINSKI, ASSISTANT DIRECTOR
NATIONAL ECONOMIC COMMISSION
THE AMERICAN LEGION
BEFORE THE
SUBCOMMITTEE ON BENEFITS
COMMITTEE ON VETERANS AFFAIRS
AND THE
SUBCOMMITTEE ON GOVERNMENT PROGRAMS AND OVERSIGHT
COMMITTEE ON SMALL BUSINESS
UNITED STATES HOUSE OF REPRESENTATIVES
ON
THE SMALL BUSINESS ADMINISTRATIONS ASSISTANCE TO VETERANS
MAY 20, 1998
Chairman Quinn, Chairman
Bartlett, and distinguished members of both subcommittees: The American Legion appreciates
your invitation to provide comments on the Small Business Administration (SBA) and its
assistance to Americas veteran-entrepreneurs.
Small business is the backbone of this nation's economy. It has been
one of the driving forces behind this country's past economic growth and will continue to
be a major factor as we move into the 21st century. According to the SBA, "small
businesses are responsible for 75 percent of the new jobs in the economy and employ more
than one-half of the workforce." Currently, small business is our largest employer
and over 30 percent of all small businesses are owned and operated by veterans.
Today, more than ever before, entrepreneurship is taking on new
meaning. In view of the downsizing of the military, the federal government and corporate
America, Congress and the SBA must do everything they can to empower, encourage and assist
all of this countrys entrepreneurs.
While The American Legion shares Congress concern with respect to
a balanced budget, we also believe that we must be willing to invest in the future
economic well-being of the nation. In our opinion, the best way to achieve that growth
will be through providing the resources this countrys entrepreneurs need to ensure
that they have the ability to successfully open and operate their small businesses.
Chairman Quinn, in your hearing invitation letter of May 5, 1998, you
stated:
"The joint hearing will examine the performance of the Small
Business Administration in providing financial and entrepreneurial assistance to veterans.
SBA is required by statute to provide special consideration to veterans. In addition, the
Small Business Reauthorization Act of 1997 (PL 105-119) provides requirements designed to
improve SBAs service to disabled veterans and to provide enhanced outreach. Congress
believes strongly that disabled vets deserve better consideration than they are currently
receiving."
Based on The American Legions experience with the SBA since 1989,
our responses to those issues are: "What assistance?" "What special
consideration?" And, "We concur fully with the provisions of PL 105-119
concerning services for disabled veterans."
Between 1989 and 1995, The American Legion became so frustrated by
SBAs lack of interest in fulfilling its responsibility to veterans, its
unwillingness to provide special consideration for veterans, and its refusal to meet with
representatives of the veterans community and discuss our concerns, that the Legion
rescinded all of its long-standing policy resolutions mandating the organization to
support the SBA and its programs. Before commenting on the services that SBA offers
veterans, it is important to review the history of assistance to veteran-owned small
businesses and past efforts to improve that assistance.
The first such program dates back to 1944. In that year, Congress
passed the Servicemen's Readjustment Act of 1944. Among other things, that monumental
piece of legislation established a small business loan program for World War II veterans
that was to be administered by the Veterans Administration (VA). Congress later opened the
program to Korean War veterans. Because these efforts were so successful, Congress passed
legislation in 1953 that created the SBA and transferred the veteran's loan program to the
new agency.
Despite the 1974 passage of PL 93-237, which mandated the SBA to
provide "special consideration to veterans of the Armed Forces of the United States
and their survivors and dependents," little, if anything, was done until 1980 to
promote SBA's veterans' programs. Following enactment of that legislation, it was nearly
two years before the regulations implementing "special consideration" were
printed. Even then, nothing in the regulations established veterans as a special or
priority agency concern.
During oversight hearings that were held in the House and Senate in
1980, the SBA was embarrassed into taking steps toward implementation of special
consideration for veterans. Although SBA never fully implemented the law, it is
interesting to compare how special consideration was defined in the 1982 and the 1997
editions of Code of Federal Regulations (CFR). Both appear below.
1982 Edition
13 CFR, Chapter 1, Subsection 110.3
"(a) Special consideration as defined below, is available only to
the veteran himself, or to one dependent or survivor. That is, it will apply first to the
veteran himself or herself if not permanently disabled, and then to a dependent if the
veteran does not choose to seek SBA assistance. In the case of a deceased or totally and
permanently disabled veteran, the benefit would apply to the unremarried or supporting
spouse, or child or dependent parent. This policy does not preclude the veteran or other
dependents or survivors from later applying for SBA assistance under normal procedures and
criteria.
(b) Special consideration will include the following:
(1) In depth management assistance counseling on first interviews.
Action will be taken to insure that our management assistance people advise veterans of
SBAs programs and the potential benefits to them.
(2) Emphasize to SBA personnel designated as Veterans Affairs Officers
the need for close cooperation with the local VA offices and organizations having direct
interest in veterans affairs.
(3) Direct SBA procurement personnel designated as Veterans Procurement
Affairs Advisers to emphasize how veterans can obtain procurement contracts from the
Government.
(4) Local media campaigns to inform the veteran about SBA ability and
desire to help.
(5) Special workshops and training.
(6) Prompt processing of loan applications of any type.
(7) Particular attention to giving maximum loan maturity to veterans.
(8) Loans will not be declined solely because of the lack of
collateral, providing the veteran, dependent, or survivor will provide any worthwhile
collateral.
(9) On all direct loans, place a liberal interpretation on present
deferment policy.
(10) In the awarding of 8(a) contracts, veteran status may be
contributing factor in establishing eligibility as "socially or economically
disadvantaged."
(11) In all district offices there shall be one or more loan
specialists designated as veterans loan officers."
1997 Edition
13 CFR, Chapter 1, Subsection 120.105
"SBA will give special consideration to a small business owned by
a veteran or, if the veteran chooses not to apply, to a business owned or controlled by
one of the veterans dependents. If the veteran is deceased or permanently disabled,
SBA will give special consideration to one survivor or dependent. SBA will process the
application of the business owned or controlled by a veteran or dependent promptly,
resolve close questions in the applicants favor, and pay particular attention to
maximum loan maturity. For SBA loans, a veteran is a person honorably discharged from
active military service."
While The American Legion salutes Congress for enacting the legislation
that created special consideration for veterans, we are appalled by the fact that it has
allowed SBA to thumb its nose at the law by completely ignoring it. The American Legion,
along with other veterans advocates, has testified at numerous other hearings on
this subject. Unfortunately, our concerns and recommendations fell on deaf ears as nothing
was ever done to hold SBA accountable for its actions.
In 1981, Congress established a task force consisting of
representatives of SBA, VA, the Veterans Service Organizations (VSOs) and the
Department of Labor. That task force was mandated to define SBA's responsibilities to
veterans and make recommendations for future actions. In May of that year, the SBA's
Administrator, James Saunders, issued a policy statement which detailed the agency's
mission regarding veterans. It established the Office of Veterans Affairs (OVA)
which was given responsibility for, "providing advice and counsel to SBA management
on all legislative, regulatory, economic, and management policies affecting the interests
of veteran-entrepreneurs. It also, required the office to perform advocacy duties as
defined in PL 94-305 on behalf of veterans. In addition, it included a review of SBA
programs and the activities of other government departments and agencies whose policies
and regulations affect the interest of veterans in business."
Over the next eight years the SBA demonstrated a sincere commitment to
veterans. Unfortunately in 1989, when a new Administrator was appointed, SBA's support for
its OVA and its commitment to veterans evaporated. Because of that Administrator's
interest in promoting other programs within the SBA, veterans were all but forgotten by
the agency.
The next Administrator not only continued the policies of her
predecessor, but also went so far as to refuse to reconstitute SBA's Veterans' Advisory
Committee. As a result, the representatives of this country's 27 million veterans have not
had a formal voice at the agency since June of 1992. We must also point out, Messrs.
Chairmen, that every SBA Administrator from 1989 refused to meet with representatives of
the veterans' community to discuss our concerns.
The American Legion plans to take the lead in facilitating a meeting
between the new Administrator Aida Alvarez and representatives of the various VSOs. It is
The American Legions understanding that Administrator Alvarez is a fair minded
leader who has a sincere interest in making the OVA a viable part of the SBA.
The American Legion commends Administrator Alvarez for her support of
Cliff Toulsons recent appointment as the new Director of OVA. Based on our meetings
with Director Toulson, we have been very favorably impressed with his knowledge of small
business issues and his ideas for improving entrepreneurial services to Americas
veterans.
As stated earlier, because Administrators of the SBA since 1989 have
been interested in promoting other programs in the SBA, the resources allocated to OVA
have dwindled. While The American Legion does not mean to single out SBAs Office of
Womens Business Ownership, we believe it is interesting to compare its staffing and
funding levels with that of OVA. These figures were obtained from 1979-1997 Congressional
Budget Submissions and Federal Financial System Allotment Tables. These figures represent
program funds as well as compensation and benefits amounts.
Office of Veterans Affairs Office of Womens Business Ownership
FY FTE Requested Approved FY FTE Requested Approved
Funding Funding Funding Funding
1997 4.0 $ 340,000 $340,000 1997 7.0 $4,959,000 4,637,000
1996 4.0 724,000 347,000 1996 7.0 4,948,000 3,890,000
1995 8.0 1,002,000 860,000 1995 9.3 977,000 4,918,000
1994 12.3 1,211,000 756,000 1994 8.7 878,000 4,308,000
1993 14.1 1,380,000 759,000 1993 8.0 3,005,000 3,005,000
1992 14.4 1,322,000 744,000 1992 8.2 3,925,000 3,925,000
1991 14.5 896,000 896,000 1991 9.1 2,951,00() 2,951,000
1990 12.7 1,175,000 1,169,000 1990 9.2 2,228,000 2,307,000
1989 14.7 1,460,000 1,188,000 1989 9.9 2,825,000 2,291,000
1988 13.8 1,433,000 1,437,000 1988 11.6 1,008,000 929,000
1987 1.3 189,000 1,277,000 1987 10.6 469,000 937,000
1986 1.4 534,000 526,000 1986 8.4 490,000 356,000
1985 5.0 347,000 3.47,000 1985 10.0 1,187,000 1,187,000
1984 5.0 289,000 1,838,000 1984 10.0 1,188,000 2,887,000
1983 5.0 3,298,000 1,547,000 1983 14.2 1,243,000 1,219,000
1982 1.0 63,620 63,620 1982 11.5 1,468,000 913,000
1981 22.0 13,600,000 13,600,000
1980 22.0 2,500,000 2,500,000
1979 12.0 487,000 487,000
Chairman Quinn, your letter of invitation also stated that you would
like The American Legions recommendations on how to improve entrepreneurial services
to veterans, particularly to those who are disabled. We believe that the following steps
must be taken.
- Congress must take responsibility for holding SBAs feet to the fire with respect
to its obligations to veterans. That agency must treat all of its constituency groups as
equals and not be allowed to continue treating veterans as second class citizens.
- In addition, the veterans community must reestablish an ongoing dialog with
SBAs top management officials. They must be made aware of our concerns and their
responsibilities with respect to the law and the empowerment of the OVA. The American
Legion recommends reconstituting the SBAs Veterans Advisory Committee.
- Finally, Congress and the Administrator need to evaluate the resources that OVA
realistically needs to meet its mission. When shortfalls are identified, Congress and the
SBA must be willing to provide those resources, even if an appropriation is required. For
example, SBA has authority to make direct loans to Vietnam era and disabled veterans. In
reality the program has not been funded and has not been a part of SBAs funding
requests since that program was established in 1994.
Messrs. Chairmen, thank you for allowing The American Legion to comment
on SBAs performance in providing entrepreneurial assistance to veterans. We look
forward to working with both subcommittees on resolving the problems discussed today.
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