§ 657b. — Veterans programs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC657b]
TITLE 15--COMMERCE AND TRADE
CHAPTER 14A--AID TO SMALL BUSINESS
Sec. 657b. Veterans programs
(a) Office of Veterans Business Development
There is established in the Administration an Office of Veterans
Business Development, which shall be administered by the Associate
Administrator for Veterans Business Development (in this section
referred to as the ``Associate Administrator'') appointed under section
633(b)(1) of this title.
(b) Associate Administrator for Veterans Business Development
The Associate Administrator--
(1) shall be an appointee in the Senior Executive Service;
(2) shall be responsible for the formulation, execution, and
promotion of policies and programs of the Administration that
provide assistance to small business concerns owned and controlled
by veterans and small business concerns owned and controlled by
service-disabled veterans. The Associate Administrator shall act as
an ombudsman for full consideration of veterans in all programs of
the Administration; and
(3) shall report to and be responsible directly to the
Administrator.
(Pub. L. 85-536, Sec. 2[32], as added Pub. L. 106-50, title II,
Sec. 201(b)(2), Aug. 17, 1999, 113 Stat. 235.)
Prior Provisions
A prior section 2[32] of Pub. L. 85-536 was renumbered section 2[36]
and is set out as a note under section 631 of this title.
Congressional Findings
Pub. L. 106-50, title I, Sec. 101, Aug. 17, 1999, 113 Stat. 234,
provided that: ``Congress finds the following:
``(1) Veterans of the United States Armed Forces have been and
continue to be vital to the small business enterprises of the United
States.
``(2) In serving the United States, veterans often faced great
risks to preserve the American dream of freedom and prosperity.
``(3) The United States has done too little to assist veterans,
particularly service-disabled veterans, in playing a greater role in
the economy of the United States by forming and expanding small
business enterprises.
``(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, Sec. 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, Sec. 203, Aug. 17, 1999, 113 Stat. 239,
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--
``(1) the Administrator of the Small Business Administration (in
this section referred to as the `Administrator');
``(2) the Associate Administrator for Veterans Business
Development of the Small Business Administration;
``(3) the Congress;
``(4) the President; and
``(5) other United States policymakers.
``(b) Membership.--
``(1) In general.--The Committee shall be composed of 15
members, of whom--
``(A) eight shall be veterans who are owners of small
business concerns (within the meaning of the term under section
3 of the Small Business Act (15 U.S.C. 632)); and
``(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.
``(2) Promote the collection of business information and survey
data as they relate to veterans and small business concerns owned
and controlled by veterans.
``(3) Monitor and promote plans, programs, and operations of the
departments and agencies of the United States that may contribute to
the formation and growth of small business concerns owned and
controlled by veterans.
``(4) Develop and promote initiatives, policies, programs, and
plans designed to foster small business concerns owned and
controlled by veterans.
``(5) In cooperation with the National Veterans Business
Development Corporation, 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.
``(2) Expenses.--The members of the Committee shall be
reimbursed for travel and subsistence expenses in accordance with
section 5703 of title 5, United States Code.
``(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.
``(h) Termination.--The Committee shall terminate its business on
September 30, 2004.''
SCORE Program
Pub. L. 106-50, title III, Sec. 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 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.
``(3) The collection of statistics concerning services provided
by SCORE to veterans, including service-disabled veterans, for
inclusion in each annual report published by the Administrator under
section 4(b)(2)(B) of the Small Business Act (15 U.S.C.
633(b)(2)(B)).
``(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, Sec. 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.
``(7) Compilation of a list of small business concerns owned and
controlled by service-disabled veterans that provide products or
services that could be procured by the United States and delivery of
such list to each department and agency of the United States. Such
list shall be delivered in hard copy and electronic form and shall
include the name and address of each such small business concern and
the products or services that it provides.''
Annual Report of Administrator
Pub. L. 106-50, title VI, Sec. 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 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
``(3) proposals to improve the access of such small business
concerns to the assistance made available by the United States.''
Data and Information Collection
Pub. L. 106-50, title VI, Sec. 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
``(3) make such information available to any small business
concern requesting such information.
``(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.
``(d) Data Collection Required.--The Federal Procurement Data System
described in section 6(d)(4)(A) of the Office of Federal Procurement
Policy Act (41 U.S.C. 405(d)(4)(A)) shall be modified to collect data
regarding the percentage and dollar value of prime contracts and
subcontracts awarded to small business concerns owned and controlled by
veterans and small business concerns owned and controlled by service-
disabled veterans.''
Definitions
Pub. L. 106-50, title I, Sec. 103(b), Aug. 17, 1999, 113 Stat. 235,
provided that: ``In this Act [see Short Title of 1999 Amendments note
set out under section 631 of this title], the definitions contained in
section 3(q) of the Small Business Act [15 U.S.C. 632(q)], as added by
this section, apply.''
Section Referred to in Other Sections
This section is referred to in section 633 of this title.
