[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1154 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1154

   To require transparency for Executive departments in meeting the 
  Government-wide goals for contracting with small business concerns 
   owned and controlled by service-disabled veterans, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 7, 2011

  Mr. Baucus introduced the following bill; which was read twice and 
    referred to the Committee on Small Business and Entrepreneurship

_______________________________________________________________________

                                 A BILL


 
   To require transparency for Executive departments in meeting the 
  Government-wide goals for contracting with small business concerns 
   owned and controlled by service-disabled veterans, and for other 
                               purposes.

    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 ``Honoring Promises to Service-
Disabled Veterans Act of 2011''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Federal agencies have an obligation to comply with the 
        Veterans Entrepreneurship and Small Business Development Act of 
        1999 (Public Law 106-50; 113 Stat. 233), and the amendments 
        made by that Act, which established a Government-wide goal that 
        not less than 3 percent of the total value of all prime 
        contracts and subcontracts be awarded to small business 
        concerns owned and controlled by service-disabled veterans each 
        fiscal year (referred to in this section as the ``Government-
        wide goal for service-disabled veterans'').
            (2) Progress in meeting the Government-wide goal for 
        service-disabled veterans has been unacceptably slow.
            (3) Prime contractors doing business with the United States 
        Government have an obligation to do their part to meet the 
        Government-wide goal for service-disabled veterans.
            (4) The public has a right to know whether the Executive 
        departments (as defined in section 101 of title 5, United 
        States Code) and prime contractors are meeting the Government-
        wide goal for service-disabled veterans.

SEC. 3. TRANSPARENCY IN CONTRACTING GOALS FOR SMALL BUSINESS CONCERNS 
              OWNED AND CONTROLLED BY SERVICE-DISABLED VETERANS.

    Section 15 of the Small Business Act (15 U.S.C. 644) is amended by 
adding at the end the following:
    ``(s) Transparency in Contracting Goals for Small Business Concerns 
Owned and Controlled by Service-Disabled Veterans.--
            ``(1) Definitions.--In this subsection--
                    ``(A) the term `covered contractor' means a 
                contractor that is required to submit a subcontracting 
                plan under section 8(d) to an Executive department; and
                    ``(B) the term `Executive department' has the 
                meaning given that term in section 101 of title 5, 
                United States Code.
            ``(2) Reports to administrator.--Three months after the 
        date of enactment of this subsection, and quarterly thereafter, 
        the head of each Executive department shall submit to the 
        Administrator a report that contains--
                    ``(A) the percentage of the total value of all 
                prime contracts awarded by the Executive department to 
                small business concerns owned and controlled by 
                service-disabled veterans during the 3-month period 
                ending on the date of the report;
                    ``(B) the name of each covered contractor to which 
                the Executive department awards a contract;
                    ``(C) for each contract awarded to a covered 
                contractor by the Executive department--
                            ``(i) the percentage goal negotiated under 
                        section 8(d)(6)(A) for the utilization as 
                        subcontractors of small business concerns owned 
                        and controlled by service-disabled veterans; 
                        and
                            ``(ii) if the contract is completed during 
                        the 3-month period ending on the date of the 
                        report, the percentage of the total value of 
                        subcontracts entered into by the covered 
                        contractor awarded to small business concerns 
                        owned and controlled by service-disabled 
                        veterans;
                    ``(D) the weighted average percentage goal 
                negotiated by each covered contractor under section 
                8(d)(6)(A) for the utilization as subcontractors of 
                small business concerns owned and controlled by 
                service-disabled veterans for all contracts awarded by 
                the Executive department to the covered contractor; and
                    ``(E) for all contracts awarded to covered 
                contractors by the Executive department that are 
                completed during the 3-month period ending on the date 
                of the report, the percentage of the total value of all 
                subcontracts awarded by covered contractors that were 
                awarded to small business concerns owned and controlled 
                by service-disabled veterans.
            ``(3) Rankings.--For the first full fiscal year following 
        the date of enactment of this subsection, and each fiscal year 
        thereafter, the Administrator shall rank--
                    ``(A) the Executive departments, based on--
                            ``(i) the percentage of the total value of 
                        prime contracts awarded by the Executive 
                        departments to small business concerns owned 
                        and controlled by service-disabled veterans; 
                        and
                            ``(ii) the percentage of the total value of 
                        subcontracts awarded by covered contractors 
                        that are awarded contracts by the Executive 
                        departments to small business concerns owned 
                        and controlled by service-disabled veterans; 
                        and
                    ``(B) covered contractors, based on the percentage 
                of the total value of subcontracts awarded by the 
                covered contractors to small business concerns owned 
                and controlled by service-disabled veterans.
            ``(4) Publication.--
                    ``(A) Website.--Except as provided in subparagraph 
                (B), the Administrator shall publish on a website 
                accessible to the public a user-friendly, 
                electronically searchable report containing--
                            ``(i) the information submitted to the 
                        Administrator under paragraph (2); and
                            ``(ii) the rankings made by the 
                        Administrator under paragraph (3).
                    ``(B) Exception for national security.--If the head 
                of an Executive department determines that publication 
                of information contained in a report submitted under 
                paragraph (2) would be detrimental to national 
                security, the Administrator shall not publish the 
                information on the website described in subparagraph 
                (A).
                    ``(C) Updating.--The Administrator shall update the 
                contents of the website described in subparagraph (A) 
                not less frequently than quarterly.
            ``(5) Reports to congress.--
                    ``(A) Annual report.--The Administrator shall 
                submit to Congress an annual report on the progress of 
                each Executive department toward meeting the 
                Government-wide goals for contracting and 
                subcontracting established under subsection (g).
                    ``(B) Contents.--Each report under this paragraph 
                shall include--
                            ``(i) a statement of whether the website 
                        described in paragraph (4) contains the latest 
                        data reported to the Administrator by the 
                        Executive departments; and
                            ``(ii) a recommendation of a prime 
                        contractor that should be recognized by 
                        Congress for outstanding progress in 
                        contracting with small business concerns owned 
                        and controlled by service-disabled veterans.
            ``(6) Rule of construction.--Nothing in this subsection may 
        be construed to affect any other reporting requirement under 
        Federal law.''.
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