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H.R. 408 (117th): Department of Homeland Security Mentor-Protégé Program Act of 2022


The text of the bill below is as of Apr 16, 2021 (Preprint (Suspension)).


I




                                                                     117TH CONGRESS
                                                                        1ST SESSION
                                                                                                             H. R. 408
                                                                       To amend the Homeland Security Act of 2002 to establish a mentor-protégé
                                                                                         program, and for other purposes.




                                                                                   IN THE HOUSE OF REPRESENTATIVES
                                                                                                 JANUARY 21, 2021
                                                                     Mr. MCEACHIN (for himself, Mr. THOMPSON of Mississippi, and Mr. TAYLOR)
                                                                         introduced the following bill; which was referred to the Committee on
                                                                         Homeland Security




                                                                                                               A BILL
                                                                        To amend the Homeland Security Act of 2002 to establish
                                                                           a mentor-protégé program, and for other purposes.

                                                                       1              Be it enacted by the Senate and House of Representa-
                                                                       2 tives of the United States of America in Congress assembled,
                                                                       3     SECTION 1. SHORT TITLE.

                                                                       4              This Act may be cited as the ‘‘Department of Home-
                                                                       5 land Security Mentor-Protégé Program Act of 2021’’.
                                                                       6     SEC. 2. DEPARTMENT OF HOMELAND SECURITY MENTOR-

                                                                       7                             PROTÉGÉ PROGRAM.

                                                                       8              (a) IN GENERAL.—Subtitle H of title VIII of the
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                                                                       9 Homeland Security Act of 2002 (6 U.S.C. 451 et seq.)
                                                                     10 is amended by adding at the end the following new section:


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2 1 ‘‘SEC. 890B. MENTOR-PROTÉGÉ PROGRAM. 2 ‘‘(a) ESTABLISHMENT.—There is established in the 3 Department a mentor-protégé program (in this section re- 4 ferred to as the ‘Program’) under which a mentor firm 5 enters into an agreement with a protégé firm for the pur- 6 pose of assisting the protégé firm to compete for prime 7 contracts and subcontracts of the Department. 8 ‘‘(b) ELIGIBILITY.—The Secretary shall establish cri- 9 teria for mentor firms and protégé firms to be eligible to 10 participate in the Program, including a requirement that 11 a firm is not included on any list maintained by the Fed- 12 eral Government of contractors that have been suspended 13 or debarred. 14 ‘‘(c) PROGRAM APPLICATION AND APPROVAL.— 15 ‘‘(1) APPLICATION.—The Secretary, acting 16 through the Office of Small and Disadvantaged 17 Business Utilization of the Department, shall estab- 18 lish a process for submission of an application joint- 19 ly by a mentor firm and the protégé firm selected by 20 the mentor firm. The application shall include each 21 of the following: 22 ‘‘(A) A description of the assistance to be 23 provided by the mentor firm, including, to the 24 extent available, the number and a brief de- pbinns on DSKJLVW7X2PROD with BILLS 25 scription of each anticipated subcontract to be 26 awarded to the protégé firm. •HR 408 IH VerDate Sep 11 2014 03:46 Feb 14, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H408.IH H408
3 1 ‘‘(B) A schedule with milestones for 2 achieving the assistance to be provided over the 3 period of participation in the Program. 4 ‘‘(C) An estimate of the costs to be in- 5 curred by the mentor firm for providing assist- 6 ance under the Program. 7 ‘‘(D) Attestations that Program partici- 8 pants will submit to the Secretary reports at 9 times specified by the Secretary to assist the 10 Secretary in evaluating the protégé firm’s devel- 11 opmental progress. 12 ‘‘(E) Attestations that Program partici- 13 pants will inform the Secretary in the event of 14 a change in eligibility or voluntary withdrawal 15 from the Program. 16 ‘‘(2) APPROVAL.—Not later than 60 days after 17 receipt of an application pursuant to paragraph (1), 18 the head of the Office of Small and Disadvantaged 19 Business Utilization shall notify applicants of ap- 20 proval or, in the case of disapproval, the process for 21 resubmitting an application for reconsideration. 22 ‘‘(3) RESCISSION.—The head of the Office of 23 Small and Disadvantaged Business Utilization may 24 rescind the approval of an application under this pbinns on DSKJLVW7X2PROD with BILLS •HR 408 IH VerDate Sep 11 2014 03:46 Feb 14, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H408.IH H408
4 1 subsection if it determines that such action is in the 2 best interest of the Department. 3 ‘‘(d) PROGRAM DURATION.—A mentor firm and 4 protégé firm approved under subsection (c) shall enter into 5 an agreement to participate in the Program for a period 6 of not less than 36 months. 7 ‘‘(e) PROGRAM BENEFITS.—A mentor firm and 8 protégé firm that enter into an agreement under sub- 9 section (d) may receive the following Program benefits: 10 ‘‘(1) With respect to an award of a contract 11 that requires a subcontracting plan, a mentor firm 12 may receive evaluation credit for participating in the 13 Program. 14 ‘‘(2) With respect to an award of a contract 15 that requires a subcontracting plan, a mentor firm 16 may receive credit for a protégé firm performing as 17 a first tier subcontractor or a subcontractor at any 18 tier in an amount equal to the total dollar value of 19 any subcontracts awarded to such protégé firm. 20 ‘‘(3) A protégé firm may receive technical, man- 21 agerial, financial, or any other mutually agreed upon 22 benefit from a mentor firm, including a subcontract 23 award. 24 ‘‘(f) REPORTING.—Not later than one year after the pbinns on DSKJLVW7X2PROD with BILLS 25 date of the enactment of this Act, and annually thereafter, •HR 408 IH VerDate Sep 11 2014 03:46 Feb 14, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H408.IH H408
5 1 the head of the Office of Small and Disadvantaged Busi- 2 ness Utilization shall submit to the Committee on Home- 3 land Security and Governmental Affairs and the Com- 4 mittee on Small Business and Entrepreneurship of the 5 Senate and the Committee on Homeland Security and the 6 Committee on Small Business of the House of Representa- 7 tives a report that— 8 ‘‘(1) identifies each agreement between a men- 9 tor firm and a protégé firm entered into under this 10 section, including the number of protégé firm par- 11 ticipants that are— 12 ‘‘(A) small business concerns; 13 ‘‘(B) small business concerns owned and 14 controlled by veterans; 15 ‘‘(C) small business concerns owned and 16 controlled by service-disabled veterans; 17 ‘‘(D) qualified HUBZone small business 18 concerns; 19 ‘‘(E) small business concerns owned and 20 controlled by socially and economically dis- 21 advantaged individuals; 22 ‘‘(F) small business concerns owned and 23 controlled by women; 24 ‘‘(G) historically Black colleges and univer- pbinns on DSKJLVW7X2PROD with BILLS 25 sities; and •HR 408 IH VerDate Sep 11 2014 03:46 Feb 14, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H408.IH H408
6 1 ‘‘(H) minority institutions of higher edu- 2 cation; 3 ‘‘(2) describes the type of assistance provided 4 by mentor firms to protégé firms; 5 ‘‘(3) identifies contracts within the Department 6 in which a mentor firm serving as the prime con- 7 tractor provided subcontracts to a protégé firm 8 under the Program; and 9 ‘‘(4) assesses the degree to which there has 10 been— 11 ‘‘(A) an increase in the technical capabili- 12 ties of protégé firms; and 13 ‘‘(B) an increase in the quantity and esti- 14 mated value of prime contract and subcontract 15 awards to protégé firms for the period covered 16 by the report. 17 ‘‘(g) RULE OF CONSTRUCTION.—Nothing in this sec- 18 tion may be construed to limit, diminish, impair, or other- 19 wise affect the authority of the Department to participate 20 in any program carried out by or requiring approval of 21 the Small Business Administration or adopt or follow any 22 regulation or policy that the Administrator of the Small 23 Business Administration may promulgate, except that, to 24 the extent that any provision of this section (including pbinns on DSKJLVW7X2PROD with BILLS •HR 408 IH VerDate Sep 11 2014 03:46 Feb 14, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H408.IH H408
7 1 subsection (h)) conflicts with any other provision of law, 2 regulation, or policy, this section shall control. 3 ‘‘(h) DEFINITIONS.—In this section: 4 ‘‘(1) HISTORICALLY BLACK COLLEGE OR UNI- 5 VERSITY.—The term ‘historically Black college or 6 university’ means any of the historically Black col- 7 leges and universities referred to in section 2323 of 8 title 10, United States Code, as in effect on March 9 1, 2018. 10 ‘‘(2) MENTOR FIRM.—The term ‘mentor firm’ 11 means a for-profit business concern that is not a 12 small business concern that— 13 ‘‘(A) has the ability to assist and commits 14 to assisting a protégé to compete for Federal 15 prime contracts and subcontracts; and 16 ‘‘(B) satisfies any other requirements im- 17 posed by the Secretary. 18 ‘‘(3) MINORITY INSTITUTION OF HIGHER EDU- 19 CATION.—The term ‘minority institution of higher 20 education’ means an institution of higher education 21 with a student body that reflects the composition 22 specified in section 312(b) of the Higher Education 23 Act of 1965 (20 U.S.C. 1058(b)). 24 ‘‘(4) PROTÉGÉ FIRM.—The term ‘protégé firm’ pbinns on DSKJLVW7X2PROD with BILLS 25 means a small business concern, a historically Black •HR 408 IH VerDate Sep 11 2014 03:46 Feb 14, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H408.IH H408
8 1 college or university, or a minority institution of 2 higher education that— 3 ‘‘(A) is eligible to enter into a prime con- 4 tract or subcontract with the Department; and 5 ‘‘(B) satisfies any other requirements im- 6 posed by the Secretary. 7 ‘‘(5) SMALL BUSINESS ACT DEFINITIONS.—The 8 terms ‘small business concern’, ‘small business con- 9 cern owned and controlled by veterans’, ‘small busi- 10 ness concern owned and controlled by service-dis- 11 abled veterans’, ‘qualified HUBZone small business 12 concern’, ‘and small business concern owned and 13 controlled by women’ have the meanings given such 14 terms, respectively, under section 3 of the Small 15 Business Act (15 U.S.C. 632). The term ‘small busi- 16 ness concern owned and controlled by socially and 17 economically disadvantaged individuals’ has the 18 meaning given such term in section 8(d)(3)(C) of 19 the Small Business Act (15 U.S.C. 637(d)(3)(C)).’’. 20 (b) CLERICAL AMENDMENT.—The table of contents 21 in section 1(b) of the Homeland Security Act of 2002 is 22 amended by inserting after the item relating to section 23 890A the following new item: ‘‘Sec. 890B. Mentor-protégé program.’’. pbinns on DSKJLVW7X2PROD with BILLS Æ •HR 408 IH VerDate Sep 11 2014 03:46 Feb 14, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\H408.IH H408