Department of Veterans Affairs Contracting Preference Consistency Act

Floor Speech

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Mr. BOST. Madam Speaker, I yield myself such time as I may consume.

Madam Speaker, I rise today in support of H.R. 4920, the VA Contracting Preference Consistency Act.

I thank Chairman Takano for introducing the legislation, which would preserve employment opportunities for the blind and severely disabled who rely on VA contracts.

This bill addresses a technical conflict between the AbilityOne Program and the VA Veterans First program. I am sorry to say that this conflict exists because of Congress' oversight in the drafting of the Veterans Benefits, Health Care, and Information Technology Act of 2006. Whereas earlier legislation was clear about the legislation between the AbilityOne and the service-disabled, veteran-owned small businesses contracting programs, the 2006 act was silent. The result has been a series of lawsuits beginning in 2017.

I wish this conflict did not exist, but the fact is, it does, and it still does. It has put the jobs of over 2,000 individuals who are blind or severely disabled potentially at risk. These are vulnerable populations with an unemployment rate that hovers around 70 to 80 percent.

The bill's solution is simple and equitable. It preserves only the AbilityOne work that was being performed in VA as of December 22, 2006, when the Veterans Benefits, Health Care, and Information Technology Act of 2006 was enacted, creating the Veterans First Program. No new work will go into the AbilityOne Program. Rather, it will all be reserved for service-disabled, veteran-owned small businesses under the rule of two.

This is very similar to the VA's policy, which balanced the two programs for nearly 10 years. While that policy was effective in practice, it was struck down because it lacked a clear statutory basis.

Unfortunately, there has been a great deal of wrong information circulating about this legislation. Some had alleged that it would abolish the Vets First program or wipe away the Supreme Court's Kingdomware decision, and that is simply not true.

The Vets First program is a success story. The volume of VA contracting with veteran-owned small businesses now exceeds $5 billion annually. This legislation in no way, shape, or form erodes that.

On the other hand, the VA spending in the AbilityOne Program fluctuates between $100 million and $200 million in a typical year. This legislation would preserve only a portion of that, the portion that exists before Vets First was created.

At the end of the day, this issue is about preserving jobs for the blind and disabled individuals, and these jobs are extremely scarce. I want to see these jobs multiply and become higher paying with more opportunities for advancement. The first step to do that is to make sure jobs continue to exist.

There have already been a significant number of furloughs at AbilityOne nonprofits. It is vital that we act before those furloughs turn into full-time layoffs.

Last week, 497 veterans who are employed by the AbilityOne nonprofits or supporters of the program sent a letter urging passage of this bill. The committee has received many other letters from business owners praising or opposing the bill, depending on which program they are associated with. I do not for a minute want to fall into that false choice between opportunities for veterans and opportunities for blind and disabled individuals. They can coexist. They have coexisted in the past, and I want to make sure that they coexist in the future.

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Mr. BOST. Madam Speaker, I yield 2 minutes to the gentlewoman from North Carolina (Ms. Foxx).

Ms. FOXX of North Carolina. Madam Speaker, I rise today in support of H.R. 4920, the Department of Veterans Affairs Contracting Preference Consistency Act.

This bipartisan bill provides a necessary fix to ensure that nonprofit organizations that provide jobs for the blind and those with significant disabilities and companies that are owned by veterans receive their due and are no longer in conflict.

The AbilityOne Program was enacted by Congress to give nonprofit organizations that employ the blind or those with significant disabilities preferential treatment in competing for certain Federal procurement contracts. Unfortunately, due to an unnecessary conflict between AbilityOne and a similar program, the Veterans First program, which sets aside some Department of Veterans Affairs contracts for service-disabled, veteran-owned small businesses, a legislative fix became necessary.

H.R. 4920 provides that fix by grandfathering in VA contracts that predate the creation of the Vets First program to restore eligibility for nonprofit organizations that employ blind individuals or those with significant disabilities. This bipartisan legislation is proof that the choices between helping veterans and those with disabilities is not mutually exclusive.

I thank Chairman Takano, Ranking Member Roe, and all the members on the committee for their work on the bill, and I urge my colleagues to support its passage.

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Mr. BOST. Madam Speaker, I am prepared to close.

Madam Speaker, as has been testified today from both sides of the aisle, both of these programs are vitally important. We believe this legislation would move forward in making sure that both veterans and the blind and disabled who are working in our VA system will be taken care of.

I appreciate everyone who is a sponsor of this bill, and I encourage all Members involved to vote ``yes.''

Madam Speaker, I yield back the balance of my time.

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