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Title III — Honoring promises to service-disabled veterans

S. 140 · 113th Congress · Jan 24, 2013 · Lineage

III Honoring promises to service-disabled veterans

Sec. 301 Short title

This title may be cited as the “Honoring Promises to Service-Disabled Veterans Act of 2013”.

Sec. 302 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;

“(B) the term Executive department has the meaning given that term in section 101 of title 5, United States Code; and

“(C) the term physically completed has the meaning given that term in section 4.804–4 of the Federal Acquisition Regulation, or any successor thereto.

“(2) Reports to Administrator—Not later than 1 year after the date of enactment of this subsection, and annually 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 1-year 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 physically completed during the 1-year 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;

“(E) for all contracts awarded to covered contractors by the Executive department that are physically completed during the 1-year 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; and

“(F) the dollar amount by which the Executive department exceeded or failed to meet the Government-wide goals under subsection (g) for prime contracts and subcontracts 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 annually.

“(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.”