1.Amendment to definition of
Indian tribeSection 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’—
(A)means
;
(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.
.
2.Social and
economic disadvantage
(a)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)Section
8(a) of the Small Business Act (15 U.S.C. 637(a)) is amended—
(1)in paragraph
(4)—
(A)in subparagraph
(A)—
(i)in
clause (i)—
(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
(ii)in
clause (ii)—
(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.
;
(2)in paragraph
(5)—
(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.
.
3.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
.
4.Sole source
contracting dollar limits
(a)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 amountSection
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.
.
5.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
.
6.
(a)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 amendmentsThe 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)
.
7.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.
.
8.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.
9.In this Act—
(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).