[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.
____________________