I 
111TH CONGRESS 
2D SESSION 
H. R. 6447 
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 HOUSE OF REPRESENTATIVES 
NOVEMBER 18, 2010 
Mr. THOMPSON of Mississippi 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 concerned 
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 Representa-
tives 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 adjust-
ing the margins accordingly; 
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(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 insert-
ing ‘‘; 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 Na-
tive Claims Settlement Act (43 U.S.C. 1626(e)) is amend-
ed— 
(1) in paragraph (1), by striking ‘‘For all pur-
poses of’’ and inserting ‘‘Except as provided in para-
graph (5), for all purposes of’’; 
(2) in paragraph (2), by striking ‘‘For all pur-
poses of’’ and inserting ‘‘Except as provided in para-
graph (5), for all purposes of’’; and 
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(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 ven-
ture, or partnership of a Native Corporation or Native vil-
lage is socially or economically disadvantaged shall be de-
termined in accordance with paragraph (5) or (6), respec-
tively, 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 fol-
lowing: 
‘‘(IV) a socially and economically disadvan-
taged Alaska Native Corporation or Alaska Na-
tive Village, or’’; and 
(ii) in clause (ii)— 
(I) in subclause (II), by striking 
‘‘or’’ at the end; 
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(II) in subclause (III), by strik-
ing the period at the end and insert-
ing ‘‘, or’’; and 
(III) by adding at the end the 
following: 
‘‘(IV) a socially and economically disadvan-
taged Alaska Native Corporation or Alaska Na-
tive Village.’’; 
(B) in subparagraph (B)— 
(i) in clause (ii), by striking ‘‘or’’ at 
the end; 
(ii) in clause (iii), by striking the pe-
riod at the end and inserting ‘‘, or’’; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(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 require-
ment under this paragraph that the management and 
daily business operations of a business concern partici-
pating in the program under this subsection are controlled 
by one or more socially and economically disadvantaged 
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individuals for a business concern owned by an Alaska Na-
tive 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 Ad-
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ministrator shall amend the regulations issued under sec-
tions 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 fol-
lowing: 
‘‘(iii) For purposes of eligibility for the 
award of a contract on the basis of restricted 
competition under this subparagraph, the Ad-
ministrator 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 disadvan-
taged individual.’’. 
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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 pre-
ceding 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 con-
cern 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 amend-
ed— 
(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 
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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 Busi-
ness Act (15 U.S.C. 636(j)(10) and 637(a)) in accordance 
with this section and the amendments made by this sec-
tion, which shall include— 
(1) establishing criteria for determining wheth-
er an Alaska Native Corporation or Alaska Native 
Village is, as a group, socially disadvantaged, in ac-
cordance with the factors described in section 
8(a)(5)(A) of the Small Business Act, as so des-
ignated by this Act; 
(2) establishing criteria for determining wheth-
er an Alaska Native Corporation, Alaska Native Vil-
lage, or Native Hawaiian Organization is economi-
cally 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 Cor-
porations and Alaska Native Villages of the require-
ment that the management and daily business oper-
ations of a business concern participating in the pro-
gram under section 8(a) of the Small Business Act 
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(15 U.S.C. 637(a)) are controlled by one or more so-
cially 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 Busi-
ness 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 ap-
plicable to small business concerns that are owned 
by a socially and economically disadvantaged indi-
vidual; 
(6) prohibiting a single Alaska Native Corpora-
tion or Alaska Native Village from conferring eligi-
bility 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 
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by a socially and economically disadvantaged indi-
vidual. 
SEC. 9. DEFINITIONS. 
In this Act— 
(1) the term ‘‘Administrator’’ means the Ad-
ministrator 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). 
Æ 
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