H. R. 7776—1238 
(2) UPDATE.—The Secretary shall make updates referred 
to in paragraph (1) not later than five business days after 
the date on which a covered contract is authorized or modified. 
(3) EFFECTIVE DATE.—Paragraph (1) shall take effect on 
the date that is 180 days after the date of the enactment 
of this Act. 
(b) 
UNDEFINITIZED
CONTRACT
ACTION
OR
DEFINITIZED 
AMOUNT.—If a covered contract award reported under subsection 
(a) includes an undefinitized contract action, the Secretary shall— 
(1) report the estimated total contract value for the award 
and the amount obligated upon award; and 
(2) once there is a definitized amount for the award, update 
the total contract value and amount obligated. 
(c) EXEMPTION.—Each report required under subsection (a) shall 
not include covered contract awards for which synopsis was 
exempted under section 5.202(a)(1) of the Federal Acquisition Regu-
lation, or any successor thereto. 
(d) DEFINITIONS.—In this section: 
(1) COVERED CONTRACT AWARD.—The term ‘‘covered con-
tract award’’— 
(A) means a contract action of the Department with 
a total contract value of not less than $4,000,000, including 
unexercised options; and 
(B) includes— 
(i) contract awards governed by the Federal 
Acquisition Regulation; 
(ii) modifications to a contract award that increase 
the total value, expand the scope of work, or extend 
the period of performance; 
(iii) orders placed on a multiple-award or multiple- 
agency contract that includes delivery or quantity 
terms that are indefinite; 
(iv) other transaction authority agreements; and 
(v) contract awards made with other than full and 
open competition. 
(2) DEFINITIZED AMOUNT.—The term ‘‘definitized amount’’ 
means the final amount of a covered contract award after 
agreement between the Department and the contractor at issue. 
(3) DEPARTMENT.—The term ‘‘Department’’ means the 
Department of Homeland Security. 
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 
of Homeland Security. 
(5) SMALL BUSINESS.—The term ‘‘small business’’ means 
an entity that qualifies as a small business concern, as defined 
under section 3 of the Small Business Act (15 U.S.C. 632). 
(6) TOTAL
CONTRACT
VALUE.—The term ‘‘total contract 
value’’ means the total amount of funds expected to be provided 
to the contractor at issue under the terms of the contract 
through the full period of performance. 
(7) 
UNDEFINITIZED
CONTRACT
ACTION.—The 
term 
‘‘undefinitized contract action’’ means any contract action for 
which the contract terms, specifications, or price is not estab-
lished prior to the start of the performance of the covered 
contract award. 
(e) SUNSET.—This section shall cease to have force or effect 
on the date that is five years after the date of the enactment 
of this Act.
H. R. 7776—1239 
SEC. 7114. PREFERENCE FOR UNITED STATES INDUSTRY. 
Section 308 of the Homeland Security Act of 2002 (6 U.S.C. 
188) is amended by adding at the end the following new subsection: 
‘‘(d) PREFERENCE FOR UNITED STATES INDUSTRY.— 
‘‘(1) DEFINITIONS.—In this subsection: 
‘‘(A) COUNTRY OF CONCERN.—The term ‘country of con-
cern’ means a country that— 
‘‘(i) is a covered nation, as such term is defined 
in section 4872(d) of title 10, United States Code; or 
‘‘(ii) the Secretary determines is engaged in con-
duct that is detrimental to the national security of 
the United States. 
‘‘(B) NONPROFIT ORGANIZATION; SMALL BUSINESS FIRM; 
SUBJECT INVENTION.—The terms ‘nonprofit organization’, 
‘small business firm’, and ‘subject invention’ have the 
meanings given such terms in section 201 of title 35, United 
States Code. 
‘‘(C) MANUFACTURED
SUBSTANTIALLY
IN
THE
UNITED 
STATES.—The term ‘manufactured substantially in the 
United States’ means an item is a domestic end product. 
‘‘(D) DOMESTIC END PRODUCT.—The term ‘domestic end 
product’ has the meaning given such term in section 25.003 
of title 48, Code of Federal Regulations, or any successor 
thereto. 
‘‘(3) WAIVERS.— 
‘‘(A) IN GENERAL.—Subject to subparagraph (B), in indi-
vidual cases, the requirements under section 204 of title 
35, United States Code, may be waived by the Secretary 
upon a showing by the small business firm, nonprofit 
organization, or assignee that reasonable but unsuccessful 
efforts have been made to grant licenses on similar terms 
to potential licensees that would be likely to manufacture 
substantially in the United States or that under the cir-
cumstances domestic manufacture is not commercially fea-
sible. 
‘‘(B) CONDITIONS
ON
WAIVERS
GRANTED
BY
DEPART-
MENT.— 
‘‘(i) BEFORE GRANT OF WAIVER.—Before granting 
a waiver under subparagraph (A), the Secretary shall 
comply with the procedures developed and imple-
mented by the Department pursuant to section 
70923(b)(2) of the Build America, Buy America Act 
(enacted as subtitle A of title IX of division G of Public 
Law 117–58). 
‘‘(ii) 
PROHIBITION
ON
GRANTING
CERTAIN 
WAIVERS.—The Secretary may not grant a waiver under 
subparagraph (A) if, as a result of such waiver, prod-
ucts embodying the applicable subject invention, or 
produced through the use of the applicable subject 
invention, would be manufactured substantially in a 
country of concern.’’. 
SEC. 7115. DEPARTMENT OF HOMELAND SECURITY MENTOR-PROTE´ GE´  
PROGRAM. 
(a) IN GENERAL.—Subtitle H of title VIII of the Homeland 
Security Act of 2002 (6 U.S.C. 451 et seq.), as amended by subtitle
H. R. 7776—1240 
A, is further amended by adding at the end the following new 
section: 
‘‘SEC. 890D. MENTOR-PROTE´ GE´ PROGRAM. 
‘‘(a) ESTABLISHMENT.—There is established in the Department 
a mentor-prote´ge´ program (in this section referred to as the ‘Pro-
gram’) under which a mentor firm enters into an agreement with 
a prote´ge´ firm for the purpose of assisting the prote´ge´ firm to 
compete for prime contracts and subcontracts of the Department. 
‘‘(b) ELIGIBILITY.—The Secretary shall establish criteria for 
mentor firms and prote´ge´ 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 Depart-
ment, shall establish a process for submission of an application 
jointly by a mentor firm and the prote´ge´ 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 prote´ge´ 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 prote´ge´ 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 prote´ge´ 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 prote´ge´ 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
H. R. 7776—1241 
a prote´ge´ 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 prote´ge´ firm. 
‘‘(3) A prote´ge´ 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 section 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 prote´ge´ firm entered into under this section, including the 
number of prote´ge´ 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-serving institutions; 
‘‘(2) describes the type of assistance provided by mentor 
firms to prote´ge´ firms; 
‘‘(3) identifies contracts within the Department in which 
a mentor firm serving as the prime contractor provided sub-
contracts to a prote´ge´ firm under the Program; and 
‘‘(4) assesses the degree to which there has been— 
‘‘(A) an increase in the technical capabilities of prote´ge´ 
firms; and 
‘‘(B) an increase in the quantity and estimated value 
of prime contract and subcontract awards to prote´ge´ 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’ has the meaning 
given the term ‘part B institution’ in section 322 of the Higher 
Education Act of 1965 (20 U.S.C. 1061). 
‘‘(2) MENTOR FIRM.—The term ‘mentor firm’ means a for- 
profit business concern that is not a small business concern 
that—