[Congressional Record Volume 167, Number 67 (Monday, April 19, 2021)]
[House]
[Pages H1902-H1904]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   DEPARTMENT OF HOMELAND SECURITY MENTOR-PROTEGE PROGRAM ACT OF 2021

  Mr. TORRES of New York. Madam Speaker, I move to suspend the rules 
and pass the bill (H.R. 408) to amend the Homeland Security Act of 2002 
to establish a mentor-protege program, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 408

       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;

[[Page H1903]]

       ``(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.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York (Mr. Torres) and the gentleman from New York (Mr. Garbarino) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New York (Mr. Torres).


                             General Leave

  Mr. TORRES of New York. Madam Speaker, I ask unanimous consent that 
all Members may have 5 legislative days to revise and extend their 
remarks and to include extraneous material on this measure.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New York?
  There was no objection.
  Mr. TORRES of New York. Madam Speaker, I yield myself such time as I 
may consume.
  I rise today in strong support of H.R. 408, the Department of 
Homeland Security Mentor-Protege Program Act of 2021.
  Since the earliest days of the Department of Homeland Security, it 
has operated a mentor-protege program to encourage large businesses to 
help small businesses build their capacity to compete for government 
contracts.
  However, this important program was never codified in law. H.R. 408 
not only authorizes the existing program but improves it.
  Small businesses, including woman-, veteran-, and minority-owned 
firms, are the backbone of our economy, but far too often complex 
Federal contracting requirements shut them out of the Federal 
marketplace.
  Building and sustaining a reliable pool of small business vendors is 
critical to ensuring that DHS' ever-evolving contracting needs are met 
and America's security is enhanced.
  H.R. 408 seeks to build and sustain this pool by incentivizing large 
businesses to provide technical, managerial, and financial assistance 
and subcontracting opportunities to small businesses.
  The bill requires participating businesses to commit to a mentor-
protege relationship for 3 years to help establish long-term 
relationships between large and small contractors.
  Additionally, to ensure that Congress can monitor the effectiveness 
of the program in an ongoing way, it requires DHS to annually report on 
program participation and the benefits conferred upon small businesses.
  Enactment of H.R. 408 will ensure the continued and lasting success 
of the mentor-protege program, a vital small business development 
program.
  It should also be noted that this bill passed the House unanimously 
during the 116th Congress.
  Madam Speaker, I urge my colleagues to once again support this 
legislation. I reserve the balance of my time.
  Mr. GARBARINO. Madam Speaker, I yield myself such time as I may 
consume.
  I rise today in support of H.R. 408, the Department of Homeland 
Security Mentor-Protege Program Act of 2021. This legislation will help 
the department better improve its contracting with small and 
disadvantaged firms. In doing so, the department will become stronger 
and more diverse.
  I urge all my colleagues to join me in supporting H.R. 408. I yield 
back the balance of my time.
  Mr. TORRES of New York. Madam Speaker, formally authorizing the 
Department of Homeland Security's mentor-protege program will ensure 
the continued success of this important small business program.
  John Crosby, the famous conductor, once said, ``A mentor is a brain 
to pick, an ear to listen, and a push in the right direction.''
  DHS is to be commended for recognizing that there are small 
businesses with novel technologies that want to help keep America 
secure, but may lack experience in the Federal marketplace and need a 
mentor to give them a push in the right direction.
  I thank the gentleman from Virginia (Mr. McEachin) for introducing 
this bill to help grow partnerships between small businesses and DHS.
  Madam Speaker, I urge my colleagues to support H.R. 408. I yield back 
the balance of my time.
  Ms. JACKSON LEE. Madam Speaker, I rise in support of H.R. 408, the 
``Department of Homeland Security Mentor-Protege Program Act of 2021,'' 
which provides statutory authority for the mentor-protege program of 
the Department of Homeland Security (DHS) under which a mentor firm 
enters into an agreement with a protege firm to assist the latter to 
compete for prime contracts and subcontracts of DHS.
  The Mentor-Protege program is designed to motivate and encourage 
large business prime contractor firms to provide mutually beneficial 
developmental assistance to small business, veteran-owned small 
business, service-disabled veteran-owned small business, HUBZone small 
business, small disadvantaged business, and women-owned small business 
concerns.
  The participating Mentor-Protege Companies, program is also designed 
to:
  1. Improve the performance of contracts and subcontracts.
  2. Foster the establishment of long-term business relationships 
between large prime contractors and small business subcontractors.
  3. Strengthen subcontracting opportunities and accomplishments 
through three incentives.


                     Eligibility for Participation

  All firms must be in good standing in the federal marketplace.
  The program excludes firms that are on the Federal List of Debarred 
or Suspended Contractors.
  A Mentor Firm is open to any large business firm that demonstrates 
the commitment and capability to assist in the development of small 
business proteges.

[[Page H1904]]

  A Protege Firm can partner with all small businesses that meet the 
definition of small business concern at FAR 19.001, based on their 
primary NAICS code, are eligible to be protege firms.
  This includes small business, veteran-owned small business, service-
disabled veteran-owned small business, HUBZone small business, small 
disadvantaged business, and women-owned small business concerns.
  Benefits for Mentors to participate in this program include for 
acquisitions that require for a subcontracting plan, mentors are 
eligible to receive credit in the source selection/evaluation criteria 
process for mentor-protege participation.
  Additionally, a post-award incentive for subcontracting plan credit 
is available by recognizing costs incurred by a mentor firm in 
providing assistance to a protege firm and using this credit for 
purposes of determining whether the mentor firm attains a 
subcontracting plan participation goal applicable to the mentor firm 
under a Homeland Security contract.
  The program benefits the Protege by allowing them to receive 
technical, managerial, financial, or any other mutually agreed upon 
benefit from mentors including work that flows from a government or 
commercial contract through subcontracting or teaming arrangements. The 
assistance could result in significant small business development.
  The benefits to the Department of Homeland Security is the 
opportunity to move from the traditional large business prime 
contractor/small business subcontractor model to a mentor-protege 
relationship model based on mutual agreement, trust, and meaningful 
business development.
  Additionally, mentor-protege arrangements may provide the Department 
of Homeland Security with greater assurance that a protege 
subcontractor will be able to perform under a contract than a similarly 
situated non-protege subcontractor.
  Further, protege firms gain opportunities to seek and perform 
government and commercial contracts through the guidance and support of 
mentor firms that may not have been available to them without the 
mentor-protege program.
  This type of program is working in the Department of Defense with 
great success. It is time to formalize the work of the mentor-protege 
program with DHS.
  I ask that my colleagues join me in voting for H.R. 408.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New York (Mr. Torres) that the House suspend the rules 
and pass the bill, H.R. 408.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. BIGGS. Madam Speaker, on that I demand the yeas and nays.
  The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution 
8, the yeas and nays are ordered.
  Pursuant to clause 8 of rule XX, further proceedings on this motion 
are postponed.

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