[Congressional Record Volume 157, Number 81 (Tuesday, June 7, 2011)]
[Senate]
[Pages S3552-S3553]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BAUCUS:
  S. 1154. 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; to the Committee on Small Business and 
Entrepreneurship.
  Mr. BAUCUS. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1154

       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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