[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 408 Referred in Senate (RFS)]

<DOC>
117th CONGRESS
  1st Session
                                H. R. 408


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 22, 2021

Received; read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 AN ACT


 
   To amend the Homeland Security Act of 2002 to establish a mentor-
                protege program, 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 ``Department of Homeland Security 
Mentor-Protege Program Act of 2021''.

SEC. 2. DEPARTMENT OF HOMELAND SECURITY MENTOR-PROTEGE PROGRAM.

    (a) In General.--Subtitle H of title VIII of the Homeland Security 
Act of 2002 (6 U.S.C. 451 et seq.) is amended by adding at the end the 
following new section:

``SEC. 890B. MENTOR-PROTEGE PROGRAM.

    ``(a) Establishment.--There is established in the Department a 
mentor-protege program (in this section referred to as the `Program') 
under which a mentor firm enters into an agreement with a protege firm 
for the purpose of assisting the protege firm to compete for prime 
contracts and subcontracts of the Department.
    ``(b) Eligibility.--The Secretary shall establish criteria for 
mentor firms and protege firms to be eligible to participate in the 
Program, including a requirement that a firm is not included on any 
list maintained by the Federal Government of contractors that have been 
suspended or debarred.
    ``(c) Program Application and Approval.--
            ``(1) Application.--The Secretary, acting through the 
        Office of Small and Disadvantaged Business Utilization of the 
        Department, shall establish a process for submission of an 
        application jointly by a mentor firm and the protege firm 
        selected by the mentor firm. The application shall include each 
        of the following:
                    ``(A) A description of the assistance to be 
                provided by the mentor firm, including, to the extent 
                available, the number and a brief description of each 
                anticipated subcontract to be awarded to the protege 
                firm.
                    ``(B) A schedule with milestones for achieving the 
                assistance to be provided over the period of 
                participation in the Program.
                    ``(C) An estimate of the costs to be incurred by 
                the mentor firm for providing assistance under the 
                Program.
                    ``(D) Attestations that Program participants will 
                submit to the Secretary reports at times specified by 
                the Secretary to assist the Secretary in evaluating the 
                protege firm's developmental progress.
                    ``(E) Attestations that Program participants will 
                inform the Secretary in the event of a change in 
                eligibility or voluntary withdrawal from the Program.
            ``(2) Approval.--Not later than 60 days after receipt of an 
        application pursuant to paragraph (1), the head of the Office 
        of Small and Disadvantaged Business Utilization shall notify 
        applicants of approval or, in the case of disapproval, the 
        process for resubmitting an application for reconsideration.
            ``(3) Rescission.--The head of the Office of Small and 
        Disadvantaged Business Utilization may rescind the approval of 
        an application under this subsection if it determines that such 
        action is in the best interest of the Department.
    ``(d) Program Duration.--A mentor firm and protege firm approved 
under subsection (c) shall enter into an agreement to participate in 
the Program for a period of not less than 36 months.
    ``(e) Program Benefits.--A mentor firm and protege firm that enter 
into an agreement under subsection (d) may receive the following 
Program benefits:
            ``(1) With respect to an award of a contract that requires 
        a subcontracting plan, a mentor firm may receive evaluation 
        credit for participating in the Program.
            ``(2) With respect to an award of a contract that requires 
        a subcontracting plan, a mentor firm may receive credit for a 
        protege firm performing as a first tier subcontractor or a 
        subcontractor at any tier in an amount equal to the total 
        dollar value of any subcontracts awarded to such protege firm.
            ``(3) A protege firm may receive technical, managerial, 
        financial, or any other mutually agreed upon benefit from a 
        mentor firm, including a subcontract award.
    ``(f) Reporting.--Not later than one year after the date of the 
enactment of this Act, and annually thereafter, the head of the Office 
of Small and Disadvantaged Business Utilization shall submit to the 
Committee on Homeland Security and Governmental Affairs and the 
Committee on Small Business and Entrepreneurship of the Senate and the 
Committee on Homeland Security and the Committee on Small Business of 
the House of Representatives a report that--
            ``(1) identifies each agreement between a mentor firm and a 
        protege firm entered into under this section, including the 
        number of protege firm participants that are--
                    ``(A) small business concerns;
                    ``(B) small business concerns owned and controlled 
                by veterans;
                    ``(C) small business concerns owned and controlled 
                by service-disabled veterans;
                    ``(D) qualified HUBZone small business concerns;
                    ``(E) small business concerns owned and controlled 
                by socially and economically disadvantaged individuals;
                    ``(F) small business concerns owned and controlled 
                by women;
                    ``(G) historically Black colleges and universities; 
                and
                    ``(H) minority institutions of higher education;
            ``(2) describes the type of assistance provided by mentor 
        firms to protege firms;
            ``(3) identifies contracts within the Department in which a 
        mentor firm serving as the prime contractor provided 
        subcontracts to a protege firm under the Program; and
            ``(4) assesses the degree to which there has been--
                    ``(A) an increase in the technical capabilities of 
                protege firms; and
                    ``(B) an increase in the quantity and estimated 
                value of prime contract and subcontract awards to 
                protege firms for the period covered by the report.
    ``(g) Rule of Construction.--Nothing in this section may be 
construed to limit, diminish, impair, or otherwise affect the authority 
of the Department to participate in any program carried out by or 
requiring approval of the Small Business Administration or adopt or 
follow any regulation or policy that the Administrator of the Small 
Business Administration may promulgate, except that, to the extent that 
any provision of this section (including subsection (h)) conflicts with 
any other provision of law, regulation, or policy, this section shall 
control.
    ``(h) Definitions.--In this section:
            ``(1) Historically black college or university.--The term 
        `historically Black college or university' means any of the 
        historically Black colleges and universities referred to in 
        section 2323 of title 10, United States Code, as in effect on 
        March 1, 2018.
            ``(2) Mentor firm.--The term `mentor firm' means a for-
        profit business concern that is not a small business concern 
        that--
                    ``(A) has the ability to assist and commits to 
                assisting a protege to compete for Federal prime 
                contracts and subcontracts; and
                    ``(B) satisfies any other requirements imposed by 
                the Secretary.
            ``(3) Minority institution of higher education.--The term 
        `minority institution of higher education' means an institution 
        of higher education with a student body that reflects the 
        composition specified in section 312(b) of the Higher Education 
        Act of 1965 (20 U.S.C. 1058(b)).
            ``(4) Protege firm.--The term `protege firm' means a small 
        business concern, a historically Black college or university, 
        or a minority institution of higher education that--
                    ``(A) is eligible to enter into a prime contract or 
                subcontract with the Department; and
                    ``(B) satisfies any other requirements imposed by 
                the Secretary.
            ``(5) Small business act definitions.--The terms `small 
        business concern', `small business concern owned and controlled 
        by veterans', `small business concern owned and controlled by 
        service-disabled veterans', `qualified HUBZone small business 
        concern', `and small business concern owned and controlled by 
        women' have the meanings given such terms, respectively, under 
        section 3 of the Small Business Act (15 U.S.C. 632). The term 
        `small business concern owned and controlled by socially and 
        economically disadvantaged individuals' has the meaning given 
        such term in section 8(d)(3)(C) of the Small Business Act (15 
        U.S.C. 637(d)(3)(C)).''.
    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 is amended by inserting after the 
item relating to section 890A the following new item:

``Sec. 890B. Mentor-protege program.''.

            Passed the House of Representatives April 20, 2021.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.