HR 598 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 598CommentsClose CommentsPermalink

To eliminate the preferences and special rules for Alaska Native Corporations under the program under section 8(a) of the Small Business Act.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

February 9, 2011CommentsClose CommentsPermalink

Mr. THOMPSON of Mississippi (for himself, Ms. LEE of California, Ms. BROWN of Florida, and Ms. SPEIER) introduced the following bill; which was referred to the Committee on Small Business, and in addition to the Committee on Natural Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To eliminate the preferences and special rules for Alaska Native Corporations under the program under section 8(a) of the Small Business Act.CommentsClose CommentsPermalink

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

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--CommentsClose CommentsPermalink





(1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margins accordingly;CommentsClose CommentsPermalink





(2) by striking ‘the term ‘Indian tribe’ means’ and inserting the following: ‘the term ‘Indian tribe’--CommentsClose CommentsPermalink





‘(A) means’;CommentsClose CommentsPermalink





(3) by striking ‘, including any Alaska Native village or regional or village corporation (within the meaning of the Alaska Native Claims Settlement Act)’;CommentsClose CommentsPermalink





(4) in subparagraph (A)(i), as so designated, by striking ‘, or’ and inserting ‘; or’;CommentsClose CommentsPermalink





(5) by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink





(6) by adding at the end the following:CommentsClose CommentsPermalink





‘(B) does not include an Alaska Native Corporation or Alaska Native Village.’.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) in paragraph (1), by striking ‘For all purposes of’ and inserting ‘Except as provided in paragraph (5), for all purposes of’;CommentsClose CommentsPermalink





(2) in paragraph (2), by striking ‘For all purposes of’ and inserting ‘Except as provided in paragraph (5), for all purposes of’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(b) Standards- Section 8(a) of the Small Business Act (15 U.S.C. 637(a)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (4)--CommentsClose CommentsPermalink





(A) in subparagraph (A)--CommentsClose CommentsPermalink





(i) in clause (i)--CommentsClose CommentsPermalink





(I) in subclause (II), by striking ‘or’ at the end; andCommentsClose CommentsPermalink





(II) by adding at the end the following:CommentsClose CommentsPermalink





‘(IV) a socially and economically disadvantaged Alaska Native Corporation or Alaska Native Village, or’; andCommentsClose CommentsPermalink





(ii) in clause (ii)--CommentsClose CommentsPermalink





(I) in subclause (II), by striking ‘or’ at the end;CommentsClose CommentsPermalink





(II) in subclause (III), by striking the period at the end and inserting ‘, or’; andCommentsClose CommentsPermalink





(III) by adding at the end the following:CommentsClose CommentsPermalink





‘(IV) a socially and economically disadvantaged Alaska Native Corporation or Alaska Native Village.’;CommentsClose CommentsPermalink





(B) in subparagraph (B)--CommentsClose CommentsPermalink





(i) in clause (ii), by striking ‘or’ at the end;CommentsClose CommentsPermalink





(ii) in clause (iii), by striking the period at the end and inserting ‘, or’; andCommentsClose CommentsPermalink





(iii) by adding at the end the following:CommentsClose CommentsPermalink





‘(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).’; andCommentsClose CommentsPermalink





(C) by adding at the end the following:CommentsClose CommentsPermalink





‘(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.’;CommentsClose CommentsPermalink





(2) in paragraph (5)--CommentsClose CommentsPermalink





(A) by inserting ‘(A)’ after ‘(5)’; andCommentsClose CommentsPermalink





(B) by adding at the end the following:CommentsClose CommentsPermalink





‘(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).’; andCommentsClose CommentsPermalink





(3) in paragraph (6), by adding at the end the following:CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

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’.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

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’.CommentsClose CommentsPermalink

SEC. 6. GRADUATION.

(a) In General- Section 7(j)(15) of the Small Business Act (15 U.S.C. 636(j)(15)) is amended--CommentsClose CommentsPermalink





(1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;CommentsClose CommentsPermalink





(2) by inserting ‘(A)’ after ‘(15)’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink





(b) Technical and Conforming Amendments- The Small Business Act (15 U.S.C. 631 et seq.) is amended--CommentsClose CommentsPermalink





(1) in section 7(j) (15 U.S.C. 636(j))--CommentsClose CommentsPermalink





(A) in paragraph (10)(E)(ii), by striking ‘paragraph (15)’ and inserting ‘paragraph (15)(A)’; andCommentsClose CommentsPermalink





(B) in paragraph (11)(D), by striking ‘paragraph (15)’ and inserting ‘paragraph (15)(A)’; andCommentsClose CommentsPermalink





(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)’.CommentsClose CommentsPermalink

SEC. 7. REPORTING.

Section 8(a)(6)(B) of the Small Business Act (15 U.S.C. 637(a)(6)(B)) is amended--CommentsClose CommentsPermalink





(1) by redesignating clauses (i), (ii), and (iii) as subclauses (I), (II), and (III), respectively;CommentsClose CommentsPermalink





(2) by inserting ‘(i)’ after ‘(B)’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(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--CommentsClose CommentsPermalink





‘(I) the total revenue of the Alaska Native Corporation or Alaska Native Village;CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(III) the total amount of benefits paid to shareholders of the Alaska Native Corporation or Alaska Native Village.’.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(2) establishing criteria for determining whether an Alaska Native Corporation, Alaska Native Village, or Native Hawaiian Organization is economically disadvantaged;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 9. DEFINITIONS.

In this Act--CommentsClose CommentsPermalink





(1) the term ‘Administrator’ means the Administrator of the Small Business Administration;CommentsClose CommentsPermalink





(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));CommentsClose CommentsPermalink





(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)); andCommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink