[Federal Register Volume 69, Number 206 (Tuesday, October 26, 2004)]
[Presidential Documents]
[Pages 62549-62551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24098]



[[Page 62547]]

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Part V





The President





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Executive Order 13360--Providing Opportunities for Service-Disabled 
Veteran Businesses To Increase Their Federal Contracting and 
Subcontracting


                        Presidential Documents 



Federal Register / Vol. 69, No. 206 / Tuesday, October 26, 2004 / 
Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 62549]]

                Executive Order 13360 of October 20, 2004

                
Providing Opportunities for Service-Disabled 
                Veteran Businesses To Increase Their Federal 
                Contracting and Subcontracting

                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.

[[Page 62550]]

                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.

[[Page 62551]]

                    (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.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                    October 20, 2004.

[FR Doc. 04-24098
Filed 10-25-04; 9:40 am]
Billing code 3195-01-P