Editorial Notes
Statutory Notes and Related Subsidiaries
Congressional Findings
Pub. L. 106–50, title I, § 101, Aug. 17, 1999, 113 Stat. 234, provided that:
“Congress finds the following:
“(2)
In serving the
United States,
veterans often faced great risks to preserve the American dream of freedom and prosperity.
“(4)
Medical advances and new medical technologies have made it possible for
service-disabled veterans to play a much more active role in the formation and expansion of small business enterprises in the
United States.
“(5)
The
United States must provide additional assistance and support to
veterans to better equip them to form and expand small business enterprises, thereby enabling them to realize the American dream that they fought to protect.”
Congressional Purpose
Pub. L. 106–50, title I, § 102, Aug. 17, 1999, 113 Stat. 234, provided that:
“The purpose of this Act [see Short Title of 1999 Amendments note set out under section 631 of this title] is to expand existing and establish new assistance programs for veterans who own or operate small businesses. This Act accomplishes this purpose by—
“(1)
expanding the eligibility for certain small business assistance programs to include
veterans;
“(2)
directing certain departments and agencies of the
United States to take actions that enhance small business assistance to
veterans; and
“(3)
establishing new institutions to provide small business assistance to
veterans or to support the institutions that provide such assistance.”
Advisory Committee on Veterans Business Affairs
Pub. L. 106–50, title II, § 203, Aug. 17, 1999, 113 Stat. 239, as amended by Pub. L. 108–447, div. K, title I, § 143(b), Dec. 8, 2004, 118 Stat. 3455; Pub. L. 110–186, title I, § 103(b), Feb. 14, 2008, 122 Stat. 625; Pub. L. 112–239, div. A, title XVI, § 1699(c)(3), Jan. 2, 2013, 126 Stat. 2092, provided that:
“(a) In General.—There is established an advisory committee to be known as the ‘Advisory Committee on Veterans Business Affairs’ (in this section referred to as the ‘Committee’), which shall serve as an independent source of advice and policy recommendations to—
“(b) Membership.—
“(1) In general.—The Committee shall be composed of 15 members, of whom—
“(B)
seven shall be representatives of
veterans organizations.
“(2) Appointment.—
“(A) In general.—
The members of the Committee shall be appointed by the
Administrator in accordance with this section.
“(B) Initial appointments.—
Not later than 90 days after the date of the enactment of this Act [
Aug. 17, 1999], the
Administrator shall appoint the initial members of the Committee.
“(3) Political affiliation.—
Not more than eight members of the Committee shall be of the same political party as the President.
“(4) Prohibition on federal employment.—
“(A) In general.—
Except as provided in subparagraph (B), no member of the Committee may serve as an officer or employee of the
United States.
“(B) Exception.—
A member of the Committee who accepts a position as an officer or employee of the
United States after the date of the member’s appointment to the Committee may continue to serve on the Committee for not more than 30 days after such acceptance.
“(5) Term of service.—
“(A) In general.—
Subject to subparagraph (B), the term of service of each member of the Committee shall be 3 years.
“(B) Terms of initial appointees.—As designated by the Administrator at the time of appointment, of the members first appointed—
“(i)
six shall be appointed for a term of 4 years; and
“(ii)
five shall be appointed for a term of 5 years.
“(6) Vacancies.—
The
Administrator shall fill any vacancies on the membership of the Committee not later than 30 days after the date on which such vacancy occurs.
“(7) Chairperson.—
“(A) In general.—
The members of the Committee shall elect one of the members to be Chairperson of the Committee.
“(B) Vacancies in office of chairperson.—
Any vacancy in the office of the Chairperson of the Committee shall be filled by the Committee at the first meeting of the Committee following the date on which the vacancy occurs.
“(c) Duties.—The duties of the Committee shall be the following:
“(1)
Review, coordinate, and monitor plans and programs developed in the public and private sectors, that affect the ability of
small business concerns owned and controlled by
veterans to obtain capital and credit and to access markets.
“(5)
Develop a comprehensive plan, to be updated annually, for joint public-private sector efforts to facilitate growth and development of
small business concerns owned and controlled by
veterans.
“(d) Powers.—
“(1) Hearings.—
Subject to subsection (e), the Committee may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Committee considers advisable to carry out its duties.
“(2) Information from federal agencies.—
Upon request of the Chairperson of the Committee, the head of any department or agency of the
United States shall furnish such information to the Committee as the Committee considers to be necessary to carry out its duties.
“(3) Use of mails.—
The Committee may use the
United States mails in the same manner and under the same conditions as other departments and agencies of the
United States.
“(4) Gifts.—
The Committee may accept, use, and dispose of gifts or donations of services or property.
“(e) Meetings.—
“(1) In general.—
The Committee shall meet, not less than three times per year, at the call of the Chairperson or at the request of the
Administrator.
“(2) Location.—
Each meeting of the full Committee shall be held at the headquarters of the
Small Business Administration located in Washington, District of Columbia. The
Administrator shall provide suitable meeting facilities and such administrative support as may be necessary for each full meeting of the Committee.
“(3) Task groups.—
The Committee may, from time-to-time, establish temporary task groups as may be necessary in order to carry out its duties.
“(f) Compensation and Expenses.—
“(1) No compensation.—
Members of the Committee shall serve without compensation for their service to the Committee.
“(g) Report.—
Not later than 30 days after the end of each fiscal year beginning after the date of the enactment of this section [
Aug. 17, 1999], the Committee shall transmit to the
Congress and the President a report describing the activities of the Committee and any recommendations developed by the Committee for the promotion of
small business concerns owned and controlled by
veterans.”
SCORE Program
Pub. L. 106–50, title III, § 301, Aug. 17, 1999, 113 Stat. 242, provided that:
“(a) In General.—The Administrator of the Small Business Administration shall enter into a memorandum of understanding with the Service Core [probably should be “Corps”] of Retired Executives (described in section 8(b)(1)(B) of the Small Business Act (15 U.S.C. 637(b)(1)(B)) and in this section referred to as ‘SCORE’) to provide for the following:
“(1)
The appointment by SCORE in its national office of an individual to act as National
Veterans Business Coordinator, whose duties shall relate exclusively to
veterans business matters, and who shall be responsible for the establishment and
administration of a program to coordinate counseling and training regarding entrepreneurship to
veterans through the chapters of SCORE throughout the
United States.
“(2)
The assistance of SCORE in the [sic] establishing and maintaining a toll-free telephone number and an Internet website to provide access for
veterans to information about the counseling and training regarding entrepreneurship available to
veterans through SCORE.
“(b) Resources.—
The
Administrator shall provide to SCORE such resources as the
Administrator determines necessary for SCORE to carry out the requirements of the memorandum of understanding specified in paragraph (1).”
Entrepreneurial Assistance
Pub. L. 106–50, title III, § 302, Aug. 17, 1999, 113 Stat. 242, provided that:
“Not later than 180 days after the date of the enactment of this Act [Aug. 17, 1999], the Secretary of Veterans Affairs, the Administrator of the Small Business Administration, and the head of the association formed pursuant to section 21(a)(3)(A) of the Small Business Act (15 U.S.C. 648(a)(3)(A)) shall enter into a memorandum of understanding with respect to entrepreneurial assistance to veterans, including service-disabled veterans, through Small Business Development Centers (described in section 21 of the Small Business Act (15 U.S.C. 648)) and facilities of the Department of Veterans Affairs. Such assistance shall include the following:
“(1)
Conducting of studies and research, and the distribution of information generated by such studies and research, on the formation, management, financing, marketing, and operation of
small business concerns by
veterans.
“(2)
Provision of training and counseling to
veterans concerning the formation, management, financing, marketing, and operation of
small business concerns.
“(3)
Provision of management and technical assistance to the owners and operators of
small business concerns regarding international markets, the promotion of exports, and the transfer of technology.
“(4)
Provision of assistance and information to
veterans regarding procurement opportunities with Federal,
State, and local agencies, especially such agencies funded in whole or in part with Federal funds.
“(5)
Establishment of an information clearinghouse to collect and distribute information, including by electronic means, on the assistance programs of Federal,
State, and local governments, and of the private sector, including information on office locations, key personnel, telephone numbers, mail and electronic addresses, and contracting and subcontracting opportunities.
“(6)
Provision of Internet or other distance learning academic instruction for
veterans in business subjects, including accounting, marketing, and business fundamentals.
Annual Report of Administrator
Pub. L. 106–50, title VI, § 603, Aug. 17, 1999, 113 Stat. 248, provided that:
“The Administrator of the Small Business Administration shall transmit annually to the Committees on Small Business and Veterans Affairs of the House of Representatives and the Senate [Committee on Small Business of Senate now Committee on Small Business and Entrepreneurship of Senate] a report on the needs of small business concerns owned and controlled by veterans and small business concerns owned and controlled by service-disabled veterans, which shall include information on—
“(1)
the availability of
Small Business Administration programs for such
small business concerns and the degree of utilization of such programs by such
small business concerns during the preceding 12-month period, including statistical information on such utilization as compared to the small business community as a whole;
“(2)
the percentage and dollar value of Federal contracts awarded to such
small business concerns during the preceding 12-month period, based on the data collected pursuant to section 604(d) [set out below]; and
Data and Information Collection
Pub. L. 106–50, title VI, § 604, Aug. 17, 1999, 113 Stat. 249, provided that:
“(a) Information on Federal Procurement Practices.—The Administrator of the Small Business Administration shall, for each fiscal year—
“(1)
collect information concerning the procurement practices and procedures of each department and agency of the
United States having procurement authority;
“(2)
publish and disseminate such information to procurement officers in all Federal agencies; and
“(b) Identification of Small Business Concerns Owned by Eligible Veterans.—
Each fiscal year, the Secretary of
Veterans Affairs shall, in consultation with the Assistant Secretary of Labor for
Veterans’ Employment and Training and the
Administrator of the
Small Business Administration, identify
small business concerns owned and controlled by
veterans in the
United States. The Secretary shall inform each
small business concern identified under this paragraph that information on Federal procurement is available from the
Administrator.
“(c) Self-Employment Opportunities.—
The Secretary of Labor, the Secretary of
Veterans Affairs, and the
Administrator of the
Small Business Administration shall enter into a memorandum of understanding to provide for coordination of vocational rehabilitation services, technical and managerial assistance, and financial assistance to
veterans, including
service-disabled veterans, seeking to employ themselves by forming or expanding
small business concerns. The memorandum of understanding shall include recommendations for expanding existing programs or establishing new programs to provide such services or assistance to such
veterans.
Executive Documents
Ex. Ord. No. 13540. Interagency Task Force on Veterans Small Business Development
Ex. Ord. No. 13540, Apr. 26, 2010, 75 F.R. 22497, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 102 of title I of the Military Reservist and Veteran Small Business Reauthorization and Opportunity Act of 2008 (Public Law 110–186) (the “Act”), and in order to establish an interagency task force to coordinate the efforts of Federal agencies to improve capital, business development opportunities, and pre-established Federal contracting goals for small business concerns owned and controlled by veterans and service-disabled veterans, it is hereby ordered as follows:
Section 1. Establishment. The Administrator of the Small Business Administration (Administrator) shall establish within the Small Business Administration an Interagency Task Force on Veterans Small Business Development (Task Force).
Sec. 2. Membership. The Administrator shall serve as Chair of the Task Force and shall direct its work. Other members shall consist of:
(a) a senior level representative, designated by the head of the respective department or agency, from each of the following:
(i) the Department of the Treasury;
(ii) the Department of Defense;
(iii) the Department of Labor;
(iv) the Department of Veterans Affairs;
(v) the Office of Management and Budget;
(vi) the Small Business Administration (in addition to the Administrator); and
(vii) the General Services Administration; and
(b) four representatives from a veterans’ service or military organization or association, who shall be appointed by the Administrator.
Sec. 3. Functions. Consistent with the Act and other applicable law, the Task Force shall:
(a) consult regularly with veterans service and military organizations in performing the duties of the Task Force;
(b) coordinate administrative and regulatory activities and develop proposals relating to:
(i) improving capital access and capacity of small business concerns owned and controlled by veterans and service-disabled veterans through loans, surety bonding, and franchising;
(ii) ensuring achievement of the pre-established Federal contracting goals for small business concerns owned and controlled by veterans and service-disabled veterans through expanded mentor-protégé assistance and matching such small business concerns with contracting opportunities;
(iii) increasing the integrity of certifications of status as a small business concern owned and controlled by a veteran or service-disabled veteran;
(iv) reducing paperwork and administrative burdens on veterans in accessing business development and entrepreneurship opportunities;
(v) increasing and improving training and counseling services provided to small business concerns owned and controlled by veterans; and
(vi) making other improvements relating to the support for veterans business development by the Federal Government; and
(c) not later than 1 year after its first meeting and annually thereafter, forward to the President a report on the performance of its functions, including any proposals developed pursuant to subsection (b) of this section.
Sec. 4. General Provisions. (a) The Small Business Administration shall provide funding and administrative support for the Task Force to the extent permitted by law and within existing appropriations.
(b) Nothing in this order shall be construed to impair or otherwise effect [sic]:
(i) authority granted by law to an executive department, agency, or the head thereof; and
(ii) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(c) Insofar as the Federal Advisory Committee Act, as amended ([former] 5 U.S.C. App.) [see 5 U.S.C. 1001 et seq.] (FACA), may apply to the Task Force, any functions of the President under the FACA, except for those in section 6 of the FACA, shall be performed by the Administrator in accordance with guidelines issued by the Administrator of General Services.
(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, or entities, its officers, employees, or agents, or any other person.
Extension of Term of Interagency Task Force on Veterans Small Business Development
Term of Interagency Task Force on Veterans Small Business Development extended until Sept. 30, 2025, by Ex. Ord. No. 14109, Sept. 29, 2023, 88 F.R. 68447, set out as a note under section 1013 of Title 5, Government Organization and Employees.
Previous extensions of term of Interagency Task Force on Veterans Small Business Development were contained in the following prior Executive Orders:
Ex. Ord. No. 14048, Sept. 30, 2021, 86 F.R. 55465, extended term until Sept. 30, 2023.
Ex. Ord. No. 13889, Sept. 27, 2019, 84 F.R. 52743, extended term until Sept. 30, 2021.
Ex. Ord. No. 13811, Sept. 29, 2017, 82 F.R. 46363, extended term until Sept. 30, 2019.
Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, extended term until Sept. 30, 2017.
Ex. Ord. No. 13652, Sept. 30, 2013, 78 F.R. 61817, extended term until Sept. 30, 2015.
Ex. Ord. No. 13591, Nov. 23, 2011, 76 F.R. 74623, extended term until Sept. 30, 2013.
