Testimony
Of
John K.
Lopez, SDV, Chairman
Association for Service Disabled Veterans
To
The Subcommittee on Economic Opportunity
of
The Committee on Veterans’ Affairs
U.S. House of Representatives
Thursday, 27 April 2006
334 Cannon House Office Building
Washington, DC
Executive Summary
The intent of the provisions of H.R. 3082 is absolutely needed by the
service disabled veterans (SDV) of the United States and their families.
The proposed amendment are also necessary, to clarify and more clearly
focus on the complexity and practice of procurement awards by the U.S.
Department of Veterans Affairs.
Each of the H.R. 3082 provisions and amendments address a real and
specific experience or concern of SDV in pursuing and maintaining their
rehabilitation practices.
This unique and most deserving of populations requires a complete and
total commitment of our nations resources and the support of our U.S.
Congress.
Good morning Mr. Chairman, Ranking Member and Members of the Committee.
Thank you for your attention and without objection, I shall submit a
written statement for the record and summarize my testimony for the
Committee.
Since the beginnings of our nation, the people of the United States of
America have placed great confidence in that interpretation of the
United States Constitution that permits our government to conscript or
seduce our citizens to be killed, disabled and tortured in military
service, for the security and prosperity of the total population.
Complicit in that application, has been the presumption that our nation,
thru its government, would provide rehabilitation for our service
disabled veteran (SDV) survivors of the resulting horror.
This has not been the case when SDV have attempted to maintain their
rehabilitation as owners and operators of smaller businesses (SDVOB).
It has been nearly six (6) years since the U.S. Congress first provided
support for the service disabled and prisoner of war veteran enterprise
initiatives, by enacting P.L. 106-50 and P.L. 108-183.
The Administration followed that direction by invoking President
Executive Order 13360, directing aggressive and immediate implementation
of those laws and specifying actions to be taken.
Those activities took place in October 2004 and since that time
frustration has continued and subsequently, the legislated intent of the
U.S. Congress has been variously interpreted by regulators; due to the
necessity for inserting and parsing of the required language, statements
and reference to existing regulations and laws.
This bureaucratic abuse has had the effect of confusing and impeding the
effort to increase the participation of the service disabled veteran (SDV)
in government procurement and contracting opportunities.
The policy of the nation and the intent of the government has been
ignored and the Congressional compact for our security has been
violated.
Consequently, it is imperative that the Congress enact H.R. 3082 “The
Veteran Owned Small Business Promotion Act” and amendments which clarify
and reemphasize the intent of the U.S. Congress. The intent is a
splendid example of the concern, focus and Congressional response to the
veteran’s need for rehabilitation and transition assistance.
H.R. 3082 gives specific authority to the Department of Veterans Affairs
(USDVA) to confirm the eligibility of service disabled veteran
businesses and to accept direct responsibility for the provision of
benefit to the veteran. Especially, the service disabled veteran. It
puts the task to that agency specifically established, for the purpose
of serving “those who have borne the battle”.
The amendments are necessary because the focus must be placed on those
persons that actually make procurement awards, not on the readily
manipulated regulations.
H.R. 3082 also clarifies the misconception that Veterans
Entrepreneurship, and the proposed act, are a socioeconomic development
initiative or a cultural inequity panacea.
H.R. 3082 is a specified contribution to that continuing obligation of
our nation to REHABILITATE those veterans that sacrifice for our nations
security and prosperity.
THE SERVICE DISABLED VETERANS GOVERNMENT SERVICE INCURRED MISERY, IS
UNIQUE!
There is no justification for requiring that service disabled veteran
indemnification and rehabilitation be adjusted to the conduct of any
other socio-economic program. The neglect to support the rehabilitation
of service disabled veteran businesses has also placed unnecessary
stress on the family of the SDV.
The age old adage that; "BESIDE EVERY SUCCESSFUL MAN STANDS A WOMAN";
pales in significance when compared to the role of the wives’, mothers’,
sisters’ and daughters’ who care for those service disabled and prisoner
of war veterans (SDV) that are enhancing their REHABILITATION through
the ownership and management of a smaller business (SDVE).
Besides, the enormous burden of caring for the SDV’s life long
disabilities, incurred in sacrifice for the well being of all the free
world, these women are vested participants in the daily management of
the SDV enterprise. Without their participation the SDVE is surely
doomed to failure.
For too long, this extraordinary contribution has gone unrecognized and
the unique investment of Vested Women (VW) uncompensated.
Present legal application states that the legal entitlement of the SDV
business ceases when the SDV owner dies or is incapacitated, leaving the
significantly invested VW with a practically totally devalued business.
The actual VW role as a defacto partner and enabling force in the
enterprise, is discarded.
This is an unacceptable disposition of the accomplishments of the SDV
and the sacrifice of the VW. Disgracing the responsibility of the nation
for the sacrifices of the veterans’ families unique initiative. H.R.
3082 will alleviate this injustice and provide for SDV business
succession.
In the words of one Vested Woman (VW); "WOMEN HAVE STOOD BY TOO LONG
WHILE OUR DISABLED VETERAN LOVED ONES HAVE TAKEN ABUSE AND DISRESPECT
FOR THEIR SACRIFICE FOR THIS NATION EVEN WHILE THEY STRUGGLE WITH
REHABILITATION.
It is estimated that over 2,500,000 women are integral in the operation
of SDVE and over 15,000,000 in all veteran owned business.
Future generations of American military heroes will be forever indebted
to the Congress, and especially the 109th Congress, for their commitment
to honor and support those killed, maimed, and tortured in the
continuing struggle to provide security and prosperity for the people of
the world.
Those Iraqi-Afghanistan veterans returning from harms way are
experiencing a far different outreach from others who have served, and
that is a tribute to the conscience of the Members of the U.S. Congress.
The 25 million military veterans of our nation thank the Chairman and
Ranking Members of the Committee and Subcommittees, the 500 thousand
grandmothers, 12 million wives and 6 million granddaughters that are
direct stakeholders and beneficiaries of veteran's entrepreneurial
investment and the 30 million employees of veteran enterprises (SDVE),
thank the U.S. Congress for the compassionate and responsible leadership
that they have demonstrated in the development of veterans
entrepreneurship.
However, H.R. 3082 only addresses the symptoms of the governments
neglect of responsibility for our nations disabled veteran. To finally
and accurately respond to that responsibility, the U.S. Congress is
urged to amend the Small Business Act by added a new section: “THE
SERVICE DISABLED VETERAN COMPREHENSIVE ELIGIBILITY” amendment as
follows;
“The U.S. Congress hereby authorizes businesses owned and operated by
veterans with service connected disabilities (SDVOB), adjudicated by the
United States Department of Veterans Affairs (DVA), to enter into
contracts with the United States Government and any department, agency,
officer or government contractor, thereof having procurement powers
obligating the entity to furnish articles, equipment, supplies,
services, or materials to the Government or to perform construction work
for the Government. In any case in which the procurement officers
certify to any officer of the Government having procurement powers, that
the SDVOB is competent and responsible to perform any specific
Government procurement contract to be let by any such officer, such
officer shall be authorized and directed in his discretion to let such
procurement contract to the SDVOB upon such terms and conditions as may
be agreed upon between the SDVOB and the procurement officer. Whenever
the procurement officers and the SDVOB disagree on the basis for not
awarding a contract to the SDVOB, the resolution of the disagreement and
the actual award of the contract shall be determined by the Secretary of
the Department of Veterans Affairs.
Thank you for your attention, I would be pleased to answer any questions
the Members may ask.
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