I 

112TH CONGRESS 

2D SESSION H. R. 3985 

To amend the Small Business Act with respect to mentor-protege programs, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 8, 2012 

Mr. SCHILLING (for himself and Ms. CHU) introduced the following bill; which 

was referred to the Committee on Small Business 

A BILL 

To amend the Small Business Act with respect to mentorprotege programs, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Building Better Busi5 ness Partnerships Act of 2012’’. 

6 SEC. 2. MENTOR-PROTEGE PROGRAMS. 

7 The Small Business Act (15 U.S.C. 631 et seq.) is 

8 amended— 

9 (1) by redesignating section 45 as section 46; 

10 and 


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1 (2) by inserting after section 44 the following: 

2 ‘‘SEC. 45. MENTOR-PROTEGE PROGRAMS. 

3 ‘‘(a) ADMINISTRATION PROGRAM.— 

4 ‘‘(1) AUTHORITY.—The Administrator is au5 thorized to establish a mentor-protege program for 

6 all small business concerns. 

7 ‘‘(2) MODEL FOR PROGRAM.—The mentor-pro8 tege program established under paragraph (1) shall 

9 be identical to the mentor-protege program of the 

10 Administration for small business concerns that par11 ticipate in the program under section 8(a) of this 

12 Act (as in effect on the date of enactment of the 

13 Building Better Business Partnerships Act of 2012), 

14 except that the Administrator may modify the pro15 gram to the extent necessary given the types of 

16 small business concerns included as proteges. 

17 ‘‘(b) PROGRAMS OF OTHER AGENCIES.— 

18 ‘‘(1) APPROVAL REQUIRED.—Except as pro19 vided in this subsection, a Federal department or 

20 agency may not carry out a mentor-protege program 

21 for small business concerns unless— 

22 ‘‘(A) the head of the department or agency 

23 submits a plan to the Administrator for the 

24 program; and 


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1 ‘‘(B) the Administrator approves such 

2 plan. 

3 ‘‘(2) BASIS FOR APPROVAL.—The Adminis4 trator shall approve or disapprove a plan submitted 

5 under paragraph (1) based on whether the program 

6 proposed— 

7 ‘‘(A) will assist proteges to compete for 

8 Federal prime contracts and subcontracts; and 

9 ‘‘(B) complies with the regulations issued 

10 under paragraph (3). 

11 ‘‘(3) REGULATIONS.—Not later than 270 days 

12 after the date of enactment of the Building Better 

13 Business Partnerships Act of 2012, the Adminis14 trator shall issue, subject to notice and comment, 

15 regulations with respect to mentor-protege pro16 grams, which shall ensure that such programs im17 prove the ability of proteges to compete for Federal 

18 prime contracts and subcontracts and which shall 

19 address, at a minimum, the following: 

20 ‘‘(A) Eligibility criteria for program par21 ticipants, including any restrictions on the num22 ber of mentor-protege relationships permitted 

23 for each participant. 

24 ‘‘(B) The types of developmental assistance 

25 to be provided by mentors, including how the 


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1 assistance provided shall improve the competi2 tive viability of the proteges. 

3 ‘‘(C) Whether any developmental assist4 ance provided by a mentor may affect the sta5 tus of a program participant as a small busi6 ness concern due to affiliation. 

7 ‘‘(D) The length of mentor-protege rela8 tionships. 

9 ‘‘(E) The effect of mentor-protege relation10 ships on contracting. 

11 ‘‘(F) Benefits that may accrue to a mentor 

12 as a result of program participation. 

13 ‘‘(G) Reporting requirements during pro14 gram participation. 

15 ‘‘(H) Postparticipation reporting require16 ments. 

17 ‘‘(I) The need for a mentor-protege pair, if 

18 accepted to participate as a pair in a mentor19 protege program of any Federal department or 

20 agency, to be accepted to participate as a pair 

21 in all Federal mentor-protege programs. 

22 ‘‘(J) Actions to be taken to ensure benefits 

23 for proteges. 

24 ‘‘(4) LIMITATION ON APPLICABILITY.—Notwith25 standing the provisions of subsection (b)(1), the proVerDate Mar 15 2010 23:57 Feb 09, 2012 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3985.IH H3985

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1 visions of subsection (b)(1) shall apply to the fol2 lowing: 

3 ‘‘(A) Any mentor-protege program of the 

4 Department of Defense in effect on the date of 

5 enactment of the Building Better Business 

6 Partnerships Act of 2012. 

7 ‘‘(B) Any mentoring assistance provided 

8 under a Small Business Innovation Research 

9 Program or a Small Business Technology 

10 Transfer Program. 

11 ‘‘(C) Until the date that is 1 year after the 

12 date on which the Administrator issues regula13 tions under paragraph (3), any Federal depart14 ment or agency operating a mentor-protege pro15 gram in effect on the date of enactment of the 

16 Building Better Business Partnerships Act of 

17 2012. 

18 ‘‘(c) REPORTING.— 

19 ‘‘(1) IN GENERAL.—Not later than 2 years 

20 after the date of enactment of the Building Better 

21 Business Partnerships Act of 2012, and annually 

22 thereafter, the Administrator shall submit to the 

23 Committee on Small Business of the House of Rep24 resentatives and the Committee on Small Business 

25 and Entrepreneurship of the Senate a report that— 


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1 ‘‘(A) identifies each Federal mentor-pro2 tege program; 

3 ‘‘(B) specifies the number of participants 

4 in each such program, including the number of 

5 participants that are— 

6 ‘‘(i) small business concerns; 

7 ‘‘(ii) small business concerns owned 

8 and controlled by service-disabled veterans; 

9 ‘‘(iii) qualified HUBZone small busi10 ness concerns; 

11 ‘‘(iv) small business concerns owned 

12 and controlled by socially and economically 

13 disadvantaged individuals; or 

14 ‘‘(v) small business concerns owned 

15 and controlled by women; 

16 ‘‘(C) describes the type of assistance pro17 vided to proteges under each such program; 

18 ‘‘(D) describes the benefits provided to 

19 mentors under each such program; and 

20 ‘‘(E) describes the progress of proteges 

21 under each such program with respect to com22 peting for Federal prime contracts and sub23 contracts. 

24 ‘‘(2) PROVISION OF INFORMATION.—The head 

25 of each Federal department or agency carrying out 


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1 a mentor-protege program shall provide to the Ad2 ministrator, upon request, the information necessary 

3 for the Administrator to submit a report required 

4 under paragraph (1). 

5 ‘‘(d) DEFINITIONS.—In this section, the following 

6 definitions apply: 

7 ‘‘(1) MENTOR.—The term ‘mentor’ means a 

8 for-profit business concern, of any size, that— 

9 ‘‘(A) has the ability to assist and commits 

10 to assisting a protege to compete for Federal 

11 prime contracts and subcontracts; and 

12 ‘‘(B) satisfies any other requirements im13 posed by the Administrator. 

14 ‘‘(2) MENTOR-PROTEGE PROGRAM.—The term 

15 ‘mentor-protege program’ means a program that 

16 pairs a mentor with a protege for the purpose of as17 sisting the protege to compete for Federal prime 

18 contracts and subcontracts. 

19 ‘‘(3) PROTEGE.—The term ‘protege’ means a 

20 small business concern that— 

21 ‘‘(A) is eligible to enter into Federal prime 

22 contracts and subcontracts; and 

23 ‘‘(B) satisfies any other requirements im24 posed by the Administrator.’’. 

Æ 


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