[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 236 Introduced in Senate (IS)]

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'--
                    ``(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.''.

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--
            (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.''.

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.

    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).
                                 <all>