S 236
112th CONGRESS
1st Session
S. 236
To eliminate the preferences and special rules for Alaska Native
Corporations under the program under section 8(a) of the Small Business
Act.
IN THE SENATE OF THE UNITED STATES
January 31, 2011
Mrs. MCCASKILL (for herself and Mr. CARPER) introduced the following
bill; which was read twice and referred to the Committee on Small Business
and Entrepreneurship
A BILL
To eliminate the preferences and special rules for Alaska Native
Corporations under the program under section 8(a) of the Small Business
Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. AMENDMENT TO DEFINITION OF INDIAN TRIBE.
Section 8(a)(13) of the Small Business Act (15 U.S.C. 637(a)(13)) is
amended--
(1) by redesignating subparagraphs (A) and (B) as clauses (i) and
(ii), respectively, and adjusting the margins accordingly;
(2) by striking `the term `Indian tribe' means' and inserting the
following: `the term `Indian tribe'--
(3) by striking `, including any Alaska Native village or regional
or village corporation (within the meaning of the Alaska Native Claims
Settlement Act)';
(4) in subparagraph (A)(i), as so designated, by striking `, or' and
inserting `; or';
(5) by striking the period at the end and inserting `; and'; and
(6) by adding at the end the following:
`(B) does not include an Alaska Native Corporation or Alaska Native
Village.'.
SEC. 2. SOCIAL AND ECONOMIC DISADVANTAGE.
(a) In General- Section 29(e) of the Alaska Native Claims Settlement
Act (43 U.S.C. 1626(e)) is amended--
(1) in paragraph (1), by striking `For all purposes of' and inserting
`Except as provided in paragraph (5), for all purposes of';
(2) in paragraph (2), by striking `For all purposes of' and inserting
`Except as provided in paragraph (5), for all purposes of'; and
(3) by adding at the end the following:
`(5) For purposes of sections 7(j)(10) and 8(a) of the Small Business
Act (15 U.S.C. 636(j)(10) and 637(a)), whether a Native Corporation
or Native village or a direct and indirect subsidiary corporation, joint
venture, or partnership of a Native Corporation or Native village is
socially or economically disadvantaged shall be determined in accordance
with paragraph (5) or (6), respectively, of section 8(a) of the Small
Business Act.'.
(b) Standards- Section 8(a) of the Small Business Act (15 U.S.C. 637(a))
is amended--
(A) in subparagraph (A)--
(I) in subclause (II), by striking `or' at the end; and
(II) by adding at the end the following:
`(IV) a socially and economically disadvantaged Alaska Native Corporation
or Alaska Native Village, or'; and
(I) in subclause (II), by striking `or' at the end;
(II) in subclause (III), by striking the period at the end and
inserting `, or'; and
(III) by adding at the end the following:
`(IV) a socially and economically disadvantaged Alaska Native Corporation
or Alaska Native Village.';
(B) in subparagraph (B)--
(i) in clause (ii), by striking `or' at the end;
(ii) in clause (iii), by striking the period at the end and inserting
`, or'; and
(iii) by adding at the end the following:
`(iv) members of a socially and economically disadvantaged Alaska
Native Corporation or Alaska Native Village described in subparagraph
(A)(i)(IV) or subparagraph (A)(ii)(IV).'; and
(C) by adding at the end the following:
`(D) The Administrator may not waive the requirement under this paragraph
that the management and daily business operations of a business concern
participating in the program under this subsection are controlled by
one or more socially and economically disadvantaged individuals for
a business concern owned by an Alaska Native Corporation or Alaska Native
Village.';
(A) by inserting `(A)' after `(5)'; and
(B) by adding at the end the following:
`(B) For purposes of this subsection and section 7(j)(10), the Administrator
shall determine whether an Alaska Native Corporation or Alaska Native
Village is, as an entity, socially disadvantaged in accordance with
the factors described in subparagraph (A).'; and
(3) in paragraph (6), by adding at the end the following:
`(F) For purposes of this subsection and section 7(j)(10), the Administrator
shall annually determine whether an Alaska Native Corporation or Alaska
Native Village is economically disadvantaged in the same manner as for
an applicant for or participant in the program under this subsection
that is a Native Hawaiian organization.'.
SEC. 3. AFFILIATION.
Section 7(j)(10)(J)(ii)(II) of the Small Business Act (15 U.S.C. 636(j)(10)(J)(ii)(II))
is amended by inserting `, as defined in section 8(a)(13)' after `Indian
tribe'.
SEC. 4. SOLE SOURCE CONTRACTING DOLLAR LIMITS.
(a) Competitive Thresholds- Not later than 270 days after the date of
enactment of this Act, the Administrator shall amend the regulations
issued under sections 7(j)(10) and 8(a) of the Small Business Act (15
U.S.C. 636(j)(10) and 637(a)) in accordance with this Act and the amendments
made by this Act to apply to small business concerns owned by an Alaska
Native Corporation or Alaska Native Village the competitive thresholds
for awarding sole source contracts under section 8(a)(1)(D) of the Small
Business Act (15 U.S.C. 637(a)(1)(D)) that are applicable to small business
concerns that are owned by a socially and economically disadvantaged
individual.
(b) Maximum Total Dollar Amount- Section 8(a)(1)(D) of the Small Business
Act (15 U.S.C. 637(a)(1)(D)) is amended by adding at the end the following:
`(iii) For purposes of eligibility for the award of a contract on
the basis of restricted competition under this subparagraph, the
Administrator may not establish a maximum total dollar amount of
such awards during the period of Program Participation for participants
that are owned by an Alaska Native Corporation or Alaska Native
Village that is different from the amount for Program Participants
that are owned by a socially and economically disadvantaged individual.'.
SEC. 5. ONE TIME ELIGIBILITY.
Section 7(j)(11)(B)(iii) of the Small Business Act (15 U.S.C. 636(j)(11)(B)(iii))
is amended in the matter preceding subclause (I) by inserting `(as defined
in section 8(a)(13))' after `Indian tribe'.
SEC. 6. GRADUATION.
(a) In General- Section 7(j)(15) of the Small Business Act (15 U.S.C.
636(j)(15)) is amended--
(1) by redesignating subparagraphs (A) and (B) as clauses (i) and
(ii), respectively;
(2) by inserting `(A)' after `(15)'; and
(3) by adding at the end the following:
`(B) The Administrator may not extend or waive the time limitations
under this paragraph for a business concern owned by an Alaska Native
Corporation or Alaska Native Village.'.
(b) Technical and Conforming Amendments- The Small Business Act (15
U.S.C. 631 et seq.) is amended--
(1) in section 7(j) (15 U.S.C. 636(j))--
(A) in paragraph (10)(E)(ii), by striking `paragraph (15)' and inserting
`paragraph (15)(A)'; and
(B) in paragraph (11)(D), by striking `paragraph (15)' and inserting
`paragraph (15)(A)'; and
(2) in section 8(a)(1)(C) (15 U.S.C. 637(a)(1)(C)), in the matter
preceding clause (i), by striking `section 7(j)(15)' and inserting
`section 7(j)(15)(A)'.
SEC. 7. REPORTING.
Section 8(a)(6)(B) of the Small Business Act (15 U.S.C. 637(a)(6)(B))
is amended--
(1) by redesignating clauses (i), (ii), and (iii) as subclauses (I),
(II), and (III), respectively;
(2) by inserting `(i)' after `(B)'; and
(3) by adding at the end the following:
`(ii) The annual report submitted under clause (i) by a Program Participant
that is an Alaska Native Corporation or Alaska Native Village shall
include, for the period addressed by the report--
`(I) the total revenue of the Alaska Native Corporation or Alaska
Native Village;
`(II) the revenue of the Alaska Native Corporation or Alaska Native
Village attributable to the participation of the Alaska Native Corporation
or Alaska Native Village in the program under this subsection; and
`(III) the total amount of benefits paid to shareholders of the Alaska
Native Corporation or Alaska Native Village.'.
SEC. 8. REGULATIONS.
Not later than 270 days after the date of enactment of this Act, the
Administrator shall amend the regulations issued under sections 7(j)(10)
and 8(a) of the Small Business Act (15 U.S.C. 636(j)(10) and 637(a))
in accordance with this section and the amendments made by this section,
which shall include--
(1) establishing criteria for determining whether an Alaska Native
Corporation or Alaska Native Village is, as a group, socially disadvantaged,
in accordance with the factors described in section 8(a)(5)(A) of
the Small Business Act, as so designated by this Act;
(2) establishing criteria for determining whether an Alaska Native
Corporation, Alaska Native Village, or Native Hawaiian Organization
is economically disadvantaged;
(3) repealing the provision that excludes certain affiliates of an
Alaska Native Corporation or Alaska Native Village in determining
whether a business is a small business concern;
(4) repealing the waiver for Alaska Native Corporations and Alaska
Native Villages of the requirement that the management and daily business
operations of a business concern participating in the program under
section 8(a) of the Small Business Act (15 U.S.C. 637(a)) are controlled
by one or more socially and economically disadvantaged individuals;
(5) applying to small business concerns owned by an Alaska Native
Corporation or Alaska Native Village the limitation on eligibility
for a sole source award under section 8(a)(1)(D) of the Small Business
Act (15 U.S.C. 637(a)(1)(D)) based on the maximum total amount of
competitive and sole source awards under such section 8(a) that are
applicable to small business concerns that are owned by a socially
and economically disadvantaged individual;
(6) prohibiting a single Alaska Native Corporation or Alaska Native
Village from conferring eligibility to participate in the program
under section 8(a) of the Small Business Act (15 U.S.C. 637(a)) on
more than 1 small business concern at any one time; and
(7) applying to small business concerns owned by an Alaska Native
Corporation or Alaska Native Village the limitation on ownership of
other firms participating in the program under section 8(a) of the
Small Business Act (15 U.S.C. 637(a)) that is applicable to small
business concerns that are owned by a socially and economically disadvantaged
individual.
SEC. 9. DEFINITIONS.
(1) the term `Administrator' means the Administrator of the Small
Business Administration;
(2) the terms `Alaska Native Corporation' and `Alaska Native Village'
have the meanings given those terms in section 3(p)(6) of the Small
Business Act (15 U.S.C. 632(p)(6));
(3) the term `Native Hawaiian Organization' has the meaning given
that term in section 8(a)(15) of the Small Business Act (15 U.S.C.
637(a)(15)); and
(4) the term `small business concern' has the meaning given that term
under section 3 of the Small Business Act (15 U.S.C. 632).
END
