
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2323a]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                   CHAPTER 137--PROCUREMENT GENERALLY
 
Sec. 2323a. Credit for Indian contracting in meeting certain 
        subcontracting goals for small disadvantaged businesses and 
        certain institutions of higher education
        
    (a) Regulations.--Subject to subsections (b) and (c), in any case in 
which a subcontracting goal is specified in a Department of Defense 
contract in the implementation of section 2323 of this title and section 
8(d) of the Small Business Act (15 U.S.C. 637(d)), credit toward meeting 
that subcontracting goal shall be given for--
        (1) work performed in connection with that Department of Defense 
    contract, and work performed in connection with any subcontract 
    awarded under that Department of Defense contract, if such work is 
    performed on any Indian lands and meets the requirements of 
    paragraph (1) of subsection (b); or
        (2) work performed in connection with that Department of Defense 
    contract, and work performed in connection with any subcontract 
    awarded under that Department of Defense contract, if the 
    performance of such contract or subcontract is undertaken as a joint 
    venture that meets the requirements of paragraph (2) of that 
    subsection.

    (b) Eligible Work.--(1) Work performed on Indian lands meets the 
requirements of this paragraph if--
        (A) not less than 40 percent of the workers directly engaged in 
    the performance of the work are Indians; or
        (B) the contractor or subcontractor has an agreement with the 
    tribal government having jurisdiction over such Indian lands that 
    provides goals for training and development of the Indian workforce 
    and Indian management.

    (2) A joint venture undertaking to perform a contract or subcontract 
meets the requirements of this paragraph if--
        (A) an Indian tribe or tribally owned corporation owns at least 
    50 percent of the joint venture;
        (B) the activities of the joint venture under the contract or 
    subcontract provide employment opportunities for Indians either 
    directly or through the purchase of products or services for the 
    performance of such contract or subcontract; and
        (C) the Indian tribe or tribally owned corporation manages the 
    performance of such contract or subcontract.

    (c) Extent of Credit.--The amount of the credit given toward the 
attainment of any subcontracting goal under subsection (a) shall be--
        (1) in the case of work performed as described in subsection 
    (a)(1), the value of the work performed; and
        (2) in the case of a contract or subcontract undertaken to be 
    performed by a joint venture as described in subsection (a)(2), an 
    amount equal to the amount of the contract or subcontract multiplied 
    by the percentage of the tribe's or tribally owned corporation's 
    ownership interest in the joint venture.

    (d) Regulations.--The Secretary of Defense shall prescribe 
regulations for the implementation of this section.
    (e) Definitions.--In this section:
        (1) The term ``Indian lands'' has the meaning given that term by 
    section 4(4) of the Indian Gaming Regulatory Act (102 Stat. 2468; 25 
    U.S.C. 2703(4)).
        (2) The term ``Indian'' has the meaning given that term by 
    section 4(d) of the Indian Self-Determination and Education 
    Assistance Act (25 U.S.C. 450b(d)).
        (3) The term ``Indian tribe'' has the meaning given that term by 
    section 4(e) of the Indian Self-Determination and Education 
    Assistance Act (25 U.S.C. 450b(e)).
        (4) The term ``tribally owned corporation'' means a corporation 
    owned entirely by an Indian tribe.

(Added Pub. L. 102-484, div. A, title VIII, Sec. 801(g)(1), Oct. 23, 
1992, 106 Stat. 2445; amended Pub. L. 104-201, div. A, title X, 
Sec. 1074(a)(13), Sept. 23, 1996, 110 Stat. 2659.)

                          Codification

    Section, as added by Pub. L. 102-484, consists of text of Pub. L. 
101-189, div. A, title VIII, Sec. 832, Nov. 29, 1989, 103 Stat. 1508, 
revised by Pub. L. 102-484 by substituting ``section 2323 of this 
title'' for ``section 1207 of the National Defense Authorization Act for 
Fiscal Year 1987 (10 U.S.C. 2301 note)'' in subsec. (a). Section 832 of 
Pub. L. 101-189, which was formerly set out as a note under section 2301 
of this title, was repealed by Pub. L. 102-484, div. A, title VIII, 
Sec. 801(h)(5), Oct. 23, 1992, 106 Stat. 2445.


                               Amendments

    1996--Subsec. (a). Pub. L. 104-201, which directed amendment of 
subsec. (a) by substituting ``section 2323 of this title'' for ``section 
1207 of the National Defense Authorization Act for Fiscal Year 1987 (10 
U.S.C. 2301 note)'', could not be executed because the language 
``section 1207 of the National Defense Authorization Act for Fiscal Year 
1987 (10 U.S.C. 2301 note)'' did not appear. See Codification note 
above.
