Section 1 Short title
This Act may be cited as the “Mentor-Protégé Cooperation Reform Act of 2016”.
Mentor-Protégé Cooperation Reform Act of 2016
A BILL
To clarify the prohibition on affiliation under the Mentor-Protege Program of the Department of Defense, to amend the Small Business Act to improve cooperation between the mentor-protege programs of the Small Business Administration and the Department of Defense, and for other purposes.
Sec. 2 Amendments to the Mentor-Protege Program of the Department of Defense on affiliation
Section 831 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 104 Stat. 1607; 10 U.S.C. 2302 note) is amended—
in subsection (d)—
by amending paragraph (1) to read as follows:
“(1) prior to the approval of that agreement, the Administrator of the Small Business Administration had made no finding of affiliation between the mentor firm and the protege firm;”
by redesignating paragraph (2) as paragraph (3); and
by inserting after paragraph (1) the following new paragraph:
“(2)
“(A) the Administrator of the Small Business Administration does not have a current finding of affiliation between the mentor firm and protege firm; or
“(B) the Secretary, after considering the regulations promulgated by the Administrator of the Small Business Administration regarding affiliation—
“(i) does not have reason to believe that the mentor firm affiliated with the protege firm; or
“(ii) has received a formal determination of no affiliation between the mentor firm and protege firm from the Administrator after having submitted a question of affiliation to the Administrator; and”
in subsection (n), by amending paragraph (9) to read as follows:
“(9) The term “affiliation”, with respect to a relationship between a mentor firm and a protege firm, means a relationship described under section 121.103 of title 13, Code of Federal Regulations (or any successor regulation).”
Sec. 3 Improving cooperation between the mentor-protege programs of the Small Business Administration and the Department of Defense
Section 45(b)(4) of the Small Business Act (15 U.S.C. 657r(b)(4)) is amended by striking subparagraph (A) and redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively.