SIZE DETERMINATIONS RELATING TO TRIBALLY OWNED BUSINESS CONCERNS.

SEC. 204. SIZE DETERMINATIONS RELATING TO TRIBALLY OWNED BUSINESS CONCERNS. (a) Affiliation Rules.— Section 7(j)(10)(J)(ii) of the Small Business Act (15 U.S.C. 636(j)(10)(J)(ii)) is amended to read as follows: “(ii) (I) Except as authorized by subclauses (II) or (III), no award shall be made pursuant to section 8(a) to a concern other than a small business concern. “(II) In determining the size of a small business concern owned by a socially and economically disadvantaged Indian tribe (or a wholly owned business entity of such tribe), each firm’s size shall be independently determined without regard to its affiliation with the tribe, any entity of the tribal government, or any other business enterprise owned by the tribe, unless the Administrator determines that one or more such tribally owned business concerns have obtained, or are likely to obtain, a substantial unfair competitive advantage within an industry category. “(III) Any joint venture established under the authority of section 602(b) of Public Law 100–656, the ‘Business Opportunity Development Reform Act of 1988’, shall be eligible for award of a contract pursuant to section 8(a).”. (b) Tribal Holding Companies.— Section 8(a)(4) of the Small Business Act (15 U.S.C. 637(a)(4)) is amended by inserting— (1) in clause (A)(i)(II), after the word “tribe” the parenthetical phrase “(or a wholly owned business entity of such tribe)”; and (2) in clause (A)(ii)(II), after the word “tribe” the parenthetical phrase “(or a wholly owned business entity of such tribe)”.