Department of Veterans Affairs Contracting Preference Consistency Act

Floor Speech

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Mr. TAKANO. Madam Speaker, I move to suspend the rules and pass the bill (H.R. 4920) to amend title 38, United States Code, to provide for an exception to certain small business contracting requirements applicable to the Department of Veterans Affairs procurement of certain goods and services covered under the Ability One program, and for other purposes.

The Clerk read the title of the bill.

The text of the bill is as follows: H.R. 4920

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 ``Department of Veterans Affairs Contracting Preference Consistency Act''. SEC. 2. EXCEPTION TO DEPARTMENT OF VETERANS AFFAIRS SMALL BUSINESS CONTRACTING REQUIREMENT FOR CERTAIN GOODS AND SERVICES COVERED UNDER ABILITY ONE PROGRAM.

(a) In General.--Subsection (d) of section 8127 of title 38, United States Code, is amended--

(1) by striking ``Except'' and inserting ``(1) Except'';

(2) by inserting ``in paragraph (2) and'' before ``in subsections (b) and (c)''; and

(3) by adding at the end the following new paragraph:

``(2)(A) Notwithstanding paragraph (1), with respect to the procurement of a covered product or service, a contracting officer of the Department shall procure such product or service from a source designated under chapter 85 of title 41, and in accordance with the regulations prescribed under such chapter.

``(B) In this paragraph, the term `covered product or service' means--

``(i) a product or service that--

``(I) is included on the procurement list under section 8503(a) of title 41; and

``(II) was included on such procurement list on or before December 22, 2006; or

``(ii) a product or service that--

``(I) is a replacement for a product or service described under clause (i);

``(II) is essentially the same and meeting the same requirement as the product or service being replaced; and

``(III) a contracting officer determines meets the quality standards and delivery schedule of the Department.''.

(b) Conforming Amendments.--Such section is further amended in each of subsections (b) and (c), by striking ``For'' and inserting ``Except as provided in subsection (d)(2), for''.

(c) Effective Date.--The amendments made by this section shall apply with respect to a contract entered into on or after the date of the enactment of this Act.

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Mr. TAKANO. 4920.

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

Madam Speaker, this bipartisan legislation sponsored by Ranking Member Roe and me, and 17 other cosponsors, would provide critically needed relief for nonprofit companies that employ blind and disabled workers under the AbilityOne Program.

Approximately 2,000 blind and disabled Americans, including many veterans, are employed under VA's AbilityOne contracts. Without this legislation, these nonprofit companies will likely lose their VA contracts because they will lose their award preference. This bill would only exempt or grandfather the existing AbilityOne VA contracts from losing their preference so these employees would keep their jobs. It will not expand the program.

VA expends approximately $27 billion on contracts and government purchase cards for goods and services. Of this spending, only about $100 million is spent on contracts with AbilityOne nonprofit businesses. Approximately $5 billion is spent on contracts with veteran-owned small businesses, many owned by disabled veterans.

In other words, VA's AbilityOne contracts are a very small percentage of the Department's spending. However, the program is vital for the 2,000 blind and otherwise disabled individuals employed through AbilityOne.

This committee has long championed the Veterans First Contracting Program and providing more opportunities for veteran-owned small businesses to do business with the Federal Government.

This legislation means we can support both the Veterans First and AbilityOne programs that employ and increase economic opportunities for veterans and individuals with disabilities.

This bill was approved unanimously by the Committee on Veterans' Affairs and is supported by the Blinded Veterans Association, National Federation of the Blind, American Council of the Blind, National Industries for the Blind, National Association for the Employment of People Who Are Blind, SourceAmerica, and National Council of SourceAmerica Employers.

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Mr. TAKANO. Madam Speaker, I have no further speakers.
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Mr. TAKANO. Madam Speaker, I urge all of my colleagues to join me in passing H.R. 4920, and I yield back the balance of my time.

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