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For Immediate Release
Office of the Press Secretary
October 21, 2004
Service-Disabled Veterans Executive Order
By the authority vested in me as President
by the Constitution and the laws of the United States of America, and in order
to strengthen opportunities in Federal contracting for service-disabled veteran
businesses, it is hereby ordered as follows:
Section 1. Policy. America honors the extraordinary service
rendered to the United States by veterans with disabilities incurred or
aggravated in the line of duty during active service with the armed forces.
Heads of agencies shall provide the opportunity for service-disabled veteran
businesses to significantly increase the Federal contracting and subcontracting
of such businesses. To achieve that objective, agencies shall more effectively
implement section 15(g) of the Small Business Act (15 U.S.C. 644(g)), which
provides that the President must establish a goal of not less than 3 percent for
participation by service-disabled veteran businesses in Federal contracting, and
section 36 of that Act (15 U.S.C. 657f), which gives agency contracting officers
the authority to reserve certain procurements for service-disabled veteran
businesses.
Sec. 2. Duties of Agency Heads. To implement the policy set
forth in section 1, heads of agencies shall:
(a) develop a strategy to implement the policy set forth in
section 1;
(b) make the agency's strategy publicly available and report
annually to the Administrator of the Small Business Administration on
implementation of the agency's strategy;
(c) designate a senior-level official who shall be
responsible for developing and implementing the agency's strategy;
(d) include development and implementation of the agency's
strategy and achievements in furtherance of the strategy as significant elements
in any performance plans of the agency's designated agency senior-level
official, chief acquisition officer, and director of small and disadvantaged
business utilization; and
(e) include in the agency's strategy plans for:
(i) reserving agency contracts exclusively for
service-disabled veteran businesses;
(ii) encouraging and facilitating participation by
service-disabled veteran businesses in competitions for award of agency
contracts;
(iii) encouraging agency contractors to subcontract with
service-disabled veteran businesses and actively monitoring and evaluating
agency contractors' efforts to do so;
(iv) training agency personnel on applicable law and
policies relating to participation of service-disabled veteran businesses in
Federal contracting; and
(v) disseminating information to service-disabled veteran
businesses that would assist these businesses in participating in awards of
agency contracts.
Sec. 3. Additional Duties of Administrator of the Small
Business Administration. The Administrator of the Small Business Administration
shall:
(a) designate an appropriate entity within the Small
Business Administration that shall, in coordination with the Veterans Affairs'
Center for Veterans Enterprise (CVE), provide to service-disabled veteran
businesses information and assistance concerning participation in Federal
contracting;
(b) advise and assist heads of agencies in their
implementation of section 2 of this order; and
(c) make available to service-disabled veteran businesses
training in Federal contracting law, procedures, and practices that would assist
such businesses in participating in Federal contracting.
Sec. 4. Additional Duties of Administrator of General
Services. The Administrator of General Services shall:
(a) establish a Government-wide Acquisition Contract
reserved for participation by service-disabled veteran businesses; and
(b) assist service-disabled veteran businesses to be
included in Federal Supply Schedules.
Sec. 5. Additional Duties of the Secretary of Defense. The
Secretary of Defense shall direct the Defense Acquisition University (DAU) to
develop training on contracting with service-disabled veteran businesses and
make this training available on line through the DAU continuous learning
program.
Sec. 6. Additional Duties of the Secretary of Veterans
Affairs. The Secretary of Veterans Affairs shall assist agencies by making
available services of the CVE and assist in verifying the accuracy of contractor
registration databases with regard to service-disabled veteran businesses.
Sec. 7. Additional Duties of the Secretary of Labor and
Secretary of Veterans Affairs. The Secretary of Labor and Secretary of Veterans
Affairs shall, respectively, direct the Transition Assistance Program and the
Disability Transition Assistance Program to educate separating service members
as to the benefits available to service-disabled veteran businesses and as to
potential entrepreneurial opportunities.
Sec. 8. Definitions. As used in this order:
(a) the term "agency" means an "executive agency" as that
term is defined in section 105 of title 5, United States Code, excluding an
executive agency that has fewer than 500 employees, the Government
Accountability Office, or a Government corporation;
(b) the term "service-disabled" means, with respect to
disability, that the disability was incurred or aggravated in the line of duty
in the active service in the United States Armed Forces;
(c) the term "service-disabled veteran" means a veteran, as
defined in 38 U.S.C. 101(2), with a disability that is service-connected, as
defined in 38 U.S.C. 101(16);
(d) the term "service-disabled veteran business" means a
small business concern owned and controlled by service-disabled veterans, as
defined in section 3(q) of the Small Business Act (15 U.S.C. 632(q)); and
(e) the term "small business concern" has the meaning
specified in section 3(a) of the Small Business Act (15 U.S.C. 632(a)) and the
definitions and standards issued under that section.
Sec. 9. General Provisions. (a) Heads of agencies shall
carry out duties assigned by sections 3, 4, 5, 6, and 7 of this order to the
extent consistent with applicable law and subject to the availability of
appropriations.
(b) To the extent permitted by law, an agency shall disclose
personally identifying information on service-disabled veterans to other
agencies who require such information in order to discharge their
responsibilities under this order.
(c) An agency that consists of a multi-member commission
shall implement this order to the extent it determines appropriate to the
accomplishment of the agency's mission.
(d) This order is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies,
instrumentalities or entities, its officers, employees or agents, or any other
person.
GEORGE W. BUSH
THE WHITE HOUSE,
October 20, 2004.
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