[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2569 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2569

  To ensure and enhance participation in the HUBZone program by small 
business concerns in Native America, to expand eligibility for certain 
       small businesses on a trial basis, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 16, 2000

  Mr. Bond (for himself, Mr. Kerry, Mr. Campbell, Mr. Murkowski, Mr. 
 Stevens, Mr. Daschle, and Mr. Baucus) introduced the following bill; 
  which was read twice and referred to the Committee on Small Business

_______________________________________________________________________

                                 A BILL


 
  To ensure and enhance participation in the HUBZone program by small 
business concerns in Native America, to expand eligibility for certain 
       small businesses on a trial basis, and for other purposes.

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

SECTION 1. HUBZONE SMALL BUSINESS CONCERN.

    Section 3(p)(3) of the Small Business Act (15 U.S.C. 632(p)(3)) is 
amended to read as follows:
            ``(3) Hubzone small business concern.--The term `HUBZone 
        small business concern' means--
                    ``(A) a small business concern that is owned and 
                controlled by 1 or more persons, each of whom is a 
                United States citizen;
                    ``(B) a small business concern that is--
                            ``(i) an Alaska Native Corporation owned 
                        and controlled by Natives (as determined 
                        pursuant to section 29(e)(1) of the Alaska 
                        Native Claims Settlement Act (43 U.S.C. 
                        1626(e)(1))); or
                            ``(ii) a direct or indirect subsidiary 
                        corporation, joint venture, or partnership of 
                        an Alaska Native Corporation qualifying 
                        pursuant to section 29(e)(1) of the Alaska 
                        Native Claims Settlement Act (43 U.S.C. 
                        1626(e)(1)), if that subsidiary, joint venture, 
                        or partnership is owned and controlled by 
                        Natives (as determined pursuant to section 
                        29(e)(2)) of the Alaska Native Claims 
                        Settlement Act (43 U.S.C. 1626(e)(2))); or
                    ``(C) a small business concern--
                            ``(i) that is wholly owned by 1 or more 
                        Indian tribal governments, or by a corporation 
                        that is wholly owned by 1 or more Indian tribal 
                        governments; or
                            ``(ii) that is owned in part by 1 or more 
                        Indian tribal governments, or by a corporation 
                        that is wholly owned by 1 or more Indian tribal 
                        governments, if all other owners are either 
                        United States citizens or small business 
                        concerns.''.

SEC. 2. QUALIFIED HUBZONE SMALL BUSINESS CONCERN.

    (a) In General.--Section 3(p)(5)(A)(i) of the Small Business Act 
(15 U.S.C. 632(p)(5)(A)(i)) is amended by striking subclauses (I) and 
(II) and inserting the following:
                                    ``(I) it is a HUBZone small 
                                business concern--
                                            ``(aa) pursuant to 
                                        subparagraph (A) or (B) of 
                                        paragraph (3), and that its 
                                        principal office is located in 
                                        a HUBZone and not fewer than 35 
                                        percent of its employees reside 
                                        in a HUBZone; or
                                            ``(bb) pursuant to 
                                        paragraph (3)(C), and not fewer 
                                        than 35 percent of its 
                                        employees engaged in performing 
                                        a contract awarded to the small 
                                        business concern on the basis 
                                        of a preference provided under 
                                        section 31(b) reside within any 
                                        Indian reservation governed by 
                                        1 or more of the tribal 
                                        government owners, or reside 
                                        within any HUBZone adjoining 
                                        any such Indian reservation;
                                    ``(II) the small business concern 
                                will attempt to maintain the applicable 
                                employment percentage under subclause 
                                (I) during the performance of any 
                                contract awarded to the small business 
                                concern on the basis of a preference 
                                provided under section 31(b); and''.
    (b) HUBZone Pilot Program for Sparsely Populated Areas.--Section 
3(p)(5) of the Small Business Act (15 U.S.C. 632(p)(5)) is amended by 
adding at the end the following:
                    ``(E) HUBZone pilot program for sparsely populated 
                areas.--
                            ``(i) In general.--Notwithstanding 
                        subparagraph (A)(i)(I)(aa), during the period 
                        beginning on the date of enactment of the Small 
                        Business Reauthorization Act of 2000 and ending 
                        on September 30, 2003, a small business 
                        concern, the principal office of which is 
                        located in the State of Alaska, an Alaska 
                        Native Corporation under paragraph (3)(B)(i), 
                        or a direct or indirect subsidiary, joint 
                        venture, or partnership under paragraph 
                        (3)(B)(ii) shall be considered to be a 
                        qualified HUBZone small business concern if--
                                    ``(I) its principal office is 
                                located within a HUBZone within the 
                                State of Alaska;
                                    ``(II) not fewer than 35 percent of 
                                its employees who will be engaged in 
                                performing a contract awarded to it on 
                                the basis of a preference provided 
                                under section 31(b) will perform their 
                                work in any HUBZone located within the 
                                State of Alaska; or
                                    ``(III) not fewer than 35 percent 
                                of its employees reside in a HUBZone 
                                located within the State of Alaska or 
                                in any Alaska Native Village within the 
                                State of Alaska.
                            ``(ii) Exception.--
                                    ``(I) In general.--Clause (i) shall 
                                not apply in any fiscal year following 
                                a fiscal year in which the total amount 
                                of contract dollars awarded in 
                                furtherance of the contracting goals 
                                established under section 15(g)(1) to 
                                small business concerns located within 
                                the State of Alaska is equal to more 
                                than 2 percent of the total amount of 
                                such contract dollars awarded to all 
                                small business concerns nationally, 
                                based on data from the Federal 
                                Procurement Data System.
                                    ``(II) Limitation.--Subclause (I) 
                                shall not be construed to disqualify a 
                                HUBZone small business concern from 
                                performing a contract awarded to it on 
                                the basis of a preference provided 
                                under section 31(b), if such concern 
                                was qualified under clause (i) at the 
                                time at which the contract was 
                                awarded.''.
    (c) Clarifying Amendment.--Section 3(p)(5)(D)(i) of the Small 
Business Act (15 U.S.C. 632(p)(5)(D)(i)) is amended by inserting ``once 
the Administrator has made the certification required by subparagraph 
(A)(i) regarding a qualified HUBZone small business concern and has 
determined that subparagraph (A)(ii) does not apply to that concern,'' 
before ``include''.

SEC. 3. OTHER DEFINITIONS.

    Section 3(p) of the Small Business Act (15 U.S.C. 632(p)) is 
amended by adding at the end the following:
            ``(6) Native american small business concerns.--
                    ``(A) Alaska native corporation.--The term `Alaska 
                Native Corporation' has the same meaning as the term 
                `Native Corporation' in section 3 of the Alaska Native 
                Claims Settlement Act (43 U.S.C. 1602).
                    ``(B) Alaska native village.--The term `Alaska 
                Native Village' has the same meaning as the term 
                `Native village' in section 3 of the Alaska Native 
                Claims Settlement Act (43 U.S.C. 1602).
                    ``(C) Indian reservation.--The term `Indian 
                reservation'--
                            ``(i) has the same meaning as the term 
                        `Indian country' in section 1151 of title 18, 
                        United States Code, except that such term does 
                        not include--
                                    ``(I) any lands that are located 
                                within a State in which a tribe did not 
                                exercise governmental jurisdiction on 
                                the date of enactment of this 
                                paragraph, unless that tribe is 
                                recognized after that date of enactment 
                                by either an Act of Congress or 
                                pursuant to regulations of the 
                                Secretary of the Interior for the 
                                administrative recognition that an 
                                Indian group exists as an Indian tribe 
                                (part 83 of title 25, Code of Federal 
                                Regulations); and
                                    ``(II) lands taken into trust or 
                                acquired by an Indian tribe after the 
                                date of enactment of this paragraph if 
                                such lands are not located within the 
                                external boundaries of an Indian 
                                reservation or former reservation or 
                                are not contiguous to the lands held in 
                                trust or restricted status on that date 
                                of enactment; and
                            ``(ii) in the State of Oklahoma, means 
                        lands that--
                                    ``(I) are within the jurisdictional 
                                areas of an Oklahoma Indian tribe (as 
                                determined by the Secretary of the 
                                Interior); and
                                    ``(II) are recognized by the 
                                Secretary of the Interior as eligible 
                                for trust land status under part 151 of 
                                title 25, Code of Federal Regulations 
                                (as in effect on the date of enactment 
                                of this paragraph).''.
                                 <all>