[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1937 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 1937
To amend the Native American Business Development, Trade Promotion, and
Tourism Act of 2000, the Buy Indian Act, and the Native American
Programs Act of 1974 to provide industry and economic development
opportunities to Indian communities.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 27, 2019
Mrs. Torres of California (for herself and Ms. Haaland) introduced the
following bill; which was referred to the Committee on Natural
Resources, and in addition to the Committee on Education and Labor, 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 amend the Native American Business Development, Trade Promotion, and
Tourism Act of 2000, the Buy Indian Act, and the Native American
Programs Act of 1974 to provide industry and economic development
opportunities to Indian communities.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Community Economic
Enhancement Act of 2019''.
SEC. 2. FINDINGS.
Congress finds that--
(1)(A) to bring industry and economic development to Indian
communities, Indian Tribes must overcome a number of barriers,
including--
(i) geographical location;
(ii) lack of infrastructure or capacity;
(iii) lack of sufficient collateral and capital;
and
(iv) regulatory bureaucracy relating to--
(I) development; and
(II) access to services provided by the
Federal Government; and
(B) the barriers described in subparagraph (A) often add to
the cost of doing business in Indian communities;
(2) Indian Tribes--
(A) enact laws and exercise sovereign governmental
powers;
(B) determine policy for the benefit of Tribal
members; and
(C) produce goods and services for consumers;
(3) the Federal Government has--
(A) an important government-to-government
relationship with Indian Tribes; and
(B) a role in facilitating healthy and sustainable
Tribal economies;
(4) the input of Indian Tribes in developing Federal policy
and programs leads to more meaningful and effective measures to
assist Indian Tribes and Indian entrepreneurs in building
Tribal economies;
(5)(A) many components of Tribal infrastructure need
significant repair or replacement; and
(B) access to private capital for projects in Indian
communities--
(i) may not be available; or
(ii) may come at a higher cost than such access for
other projects;
(6)(A) Federal capital improvement programs, such as those
that facilitate tax-exempt bond financing and loan guarantees,
are tools that help improve or replace crumbling
infrastructure;
(B) lack of parity in treatment of an Indian Tribe as a
governmental entity under Federal tax and certain other
regulatory laws impedes, in part, the ability of Indian Tribes
to raise capital through issuance of tax exempt debt, invest as
an accredited investor, and benefit from other investment
incentives accorded to State and local governmental entities;
and
(C) as a result of the disparity in treatment of Indian
Tribes described in subparagraph (B), investors may avoid
financing, or demand a premium to finance, projects in Indian
communities, making the projects more costly or inaccessible;
(7) there are a number of Federal loan guarantee programs
available to facilitate financing of business, energy,
economic, housing, and community development projects in Indian
communities, and those programs may support public-private
partnerships for infrastructure development, but improvements
and support are needed for those programs specific to Indian
communities to facilitate more effectively private financing
for infrastructure and other urgent development needs; and
(8)(A) most real property held by Indian Tribes is trust or
restricted land that essentially cannot be held as collateral;
and
(B) while creative solutions, such as leasehold mortgages,
have been developed in response to the problem identified in
subparagraph (A), some solutions remain subject to review and
approval by the Bureau of Indian Affairs, adding additional
costs and delay to Tribal projects.
SEC. 3. NATIVE AMERICAN BUSINESS DEVELOPMENT, TRADE PROMOTION, AND
TOURISM ACT OF 2000.
(a) Findings; Purposes.--Section 2 of the Native American Business
Development, Trade Promotion, and Tourism Act of 2000 (25 U.S.C. 4301)
is amended by adding at the end the following:
``(c) Applicability to Indian-Owned Businesses.--The findings and
purposes in subsections (a) and (b) shall apply to any Indian-owned
business governed--
``(1) by Tribal laws regulating trade or commerce on Indian
lands; or
``(2) pursuant to section 5 of the Act of August 15, 1876
(19 Stat. 200, chapter 289; 25 U.S.C. 261).''.
(b) Definitions.--Section 3 of the Native American Business
Development, Trade Promotion, and Tourism Act of 2000 (25 U.S.C. 4302)
is amended--
(1) by redesignating paragraphs (1) through (6) and
paragraphs (7) through (9), as paragraphs (2) through (7) and
paragraphs (9) through (11), respectively;
(2) by inserting before paragraph (2) (as redesignated by
paragraph (1)) the following:
``(1) Director.--The term `Director' means the Director of
Native American Business Development appointed pursuant to
section 4(a)(2).''; and
(3) by inserting after paragraph (7) (as redesignated by
paragraph (1)) the following:
``(8) Office.--The term `Office' means the Office of Native
American Business Development established by section
4(a)(1).''.
(c) Office of Native American Business Development.--Section 4 of
the Native American Business Development, Trade Promotion, and Tourism
Act of 2000 (25 U.S.C. 4303) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``Department of Commerce''
and inserting ``Office of the Secretary''; and
(ii) by striking ``(referred to in this Act
as the `Office')''; and
(B) in paragraph (2), in the first sentence, by
striking ``(referred to in this Act as the
`Director')''; and
(2) by adding at the end the following:
``(c) Duties of Director.--
``(1) In general.--The Director shall serve as--
``(A) the program and policy advisor to the
Secretary with respect to the trust and governmental
relationship between the United States and Indian
Tribes; and
``(B) the point of contact for Indian Tribes,
Tribal organizations, and Indians regarding--
``(i) policies and programs of the
Department of Commerce; and
``(ii) other matters relating to economic
development and doing business in Indian lands.
``(2) Departmental coordination.--The Director shall
coordinate with all offices and agencies within the Department
of Commerce to ensure that each office and agency has an
accountable process to ensure--
``(A) meaningful and timely coordination and
assistance, as required by this Act; and
``(B) consultation with Indian Tribes regarding the
policies, programs, assistance, and activities of the
offices and agencies.
``(3) Office operations.--There are authorized to be
appropriated to carry out this section not more than $2,000,000
for each fiscal year.''.
(d) Indian Community Development Initiatives.--The Native American
Business Development, Trade Promotion, and Tourism Act of 2000 is
amended--
(1) by redesignating section 8 (25 U.S.C. 4307) as section
10; and
(2) by inserting after section 7 (25 U.S.C. 4306) the
following:
``SEC. 8. INDIAN COMMUNITY DEVELOPMENT INITIATIVES.
``(a) Interagency Coordination.--Not later than 1 year after the
enactment of this section, the Secretary, the Secretary of the
Interior, and the Secretary of the Treasury shall coordinate--
``(1) to develop initiatives that--
``(A) encourage, promote, and provide education
regarding investments in Indian communities through--
``(i) the loan guarantee program of Bureau
of Indian Affairs under section 201 of the
Indian Financing Act of 1974 (25 U.S.C. 1481);
``(ii) programs carried out using amounts
in the Community Development Financial
Institutions Fund established under section
104(a) of the Community Development Banking and
Financial Institutions Act of 1994 (12 U.S.C.
4703(a)); and
``(iii) other capital development programs;
``(B) examine and develop alternatives that would
qualify as collateral for financing in Indian
communities; and
``(C) provide entrepreneur and other training
relating to economic development through tribally
controlled colleges and universities and other Indian
organizations with experience in providing such
training;
``(2) to consult with Indian Tribes and with the Securities
and Exchange Commission to study, and collaborate to establish,
regulatory changes necessary to qualify an Indian Tribe as an
accredited investor for the purposes of sections 230.500
through 230.508 of title 17, Code of Federal Regulations (or
successor regulations), consistent with the goals of promoting
capital formation and ensuring qualifying Indian Tribes have
the ability to withstand investment loss, on a basis comparable
to other legal entities that qualify as accredited investors
who are not natural persons;
``(3) to identify regulatory, legal, or other barriers to
increasing investment, business, and economic development,
including qualifying or approving collateral structures,
measurements of economic strength, and contributions of Indian
economies in Indian communities through the Authority
established under section 4 of the Indian Tribal Regulatory
Reform and Business Development Act of 2000 (25 U.S.C. 4301
note);
``(4) to ensure consultation with Indian Tribes regarding
increasing investment in Indian communities and the development
of the report required in paragraph (5); and
``(5) not less than once every 2 years, to provide a report
to Congress regarding--
``(A) improvements to Indian communities resulting
from such initiatives and recommendations for promoting
sustained growth of the Tribal economies;
``(B) results of the study and collaboration
regarding the necessary changes referenced in paragraph
(2) and the impact of allowing Indian Tribes to qualify
as an accredited investor; and
``(C) the identified regulatory, legal, and other
barriers referenced in paragraph (3).
``(b) Waiver.--For assistance provided pursuant to section 108 of
the Community Development Banking and Financial Institutions Act of
1994 (12 U.S.C. 4707) to benefit Native Community Development Financial
Institutions, as defined by the Secretary of the Treasury, section
108(e) of such Act shall not apply.
``(c) Indian Economic Development Feasibility Study.--
``(1) In general.--The Government Accountability Office
shall conduct a study and, not later than 18 months after the
date of enactment of this subsection, submit to the Committee
on Indian Affairs of the Senate and the Committee on Natural
Resources of the House of Representatives a report on the
findings of the study and recommendations.
``(2) Contents.--The study shall include an assessment of
each of the following:
``(A) In general.--The study shall assess current
Federal capitalization and related programs and
services that are available to assist Indian
communities with business and economic development,
including manufacturing, physical infrastructure (such
as telecommunications and broadband), community
development, and facilities construction for such
purposes. For each of the Federal programs and services
identified, the study shall assess the current use and
demand by Indian Tribes, individuals, businesses, and
communities of the programs, the capital needs of
Indian Tribes, businesses, and communities related to
economic development, and the extent that similar
programs have been used to assist non-Indian
communities compared to the extent used for Indian
communities.
``(B) Financing assistance.--The study shall assess
and quantify the extent of assistance provided to non-
Indian borrowers and to Indian (both Tribal and
individual) borrowers (including information about such
assistance as a percentage of need for Indian borrowers
and for non-Indian borrowers, assistance to Indian
borrowers and to non-Indian borrowers as a percentage
of total applicants, and such assistance to Indian
borrowers as individuals as compared to such assistance
to Indian Tribes) through the loan programs, the loan
guarantee programs, or bond guarantee programs of the--
``(i) Department of the Interior;
``(ii) Department of Agriculture;
``(iii) Department of Housing and Urban
Development;
``(iv) Department of Energy;
``(v) Small Business Administration; and
``(vi) Community Development Financial
Institutions Fund of the Department of the
Treasury.
``(C) Tax incentives.--The study shall assess and
quantify the extent of the assistance and allocations
afforded for non-Indian projects and for Indian
projects pursuant to each of the following tax
incentive programs:
``(i) New market tax credit.
``(ii) Low-income housing tax credit.
``(iii) Investment tax credit.
``(iv) Renewable energy tax incentives.
``(v) Accelerated depreciation.
``(D) Tribal investment incentive.--The study shall
assess various alternative incentives that could be
provided to enable and encourage Tribal governments to
invest in an Indian community development investment
fund or bank.''.
(e) Conforming and Technical Amendments.--The Native American
Business Development, Trade Promotion, and Tourism Act of 2000 (25
U.S.C. 4301 et seq.) is amended--
(1) in section 3--
(A) in each of paragraphs (1), (4), and (8), by
striking ``tribe'' and inserting ``Tribe''; and
(B) in paragraph (6), by striking ``The term
`Indian tribe' has the meaning given that term'' and
inserting ``The term `Indian Tribe' has the meaning
given the term `Indian tribe''';
(2) by striking ``tribes'' each place the term appears and
inserting ``Tribes''; and
(3) by striking ``tribal'' each place the term appears and
inserting ``Tribal''.
SEC. 4. BUY INDIAN ACT.
Section 23 of the Act of June 25, 1910 (commonly known as the ``Buy
Indian Act'') (36 Stat. 861, chapter 431; 25 U.S.C. 47), is amended to
read as follows:
``SEC. 23. EMPLOYMENT OF INDIAN LABOR AND PURCHASE OF PRODUCTS OF
INDIAN INDUSTRY; PARTICIPATION IN MENTOR-PROTEGE PROGRAM.
``(a) Definitions.--In this section:
``(1) Indian economic enterprise.--The term `Indian
economic enterprise' has the meaning given the term in section
1480.201 of title 48, Code of Federal Regulations (or successor
regulations).
``(2) Mentor firm; protege firm.--The terms `mentor firm'
and `protege firm' have the meanings given those terms in
section 831(c) of the National Defense Authorization Act for
Fiscal Year 1991 (10 U.S.C. 2302 note; Public Law 101-510).
``(3) Secretaries.--The term `Secretaries' means--
``(A) the Secretary of the Interior; and
``(B) the Secretary of Health and Human Services.
``(b) Enterprise Development.--
``(1) In general.--Unless determined by one of the
Secretaries to be impracticable and unreasonable--
``(A) Indian labor shall be employed; and
``(B) purchases of Indian industry products
(including printing and facilities construction,
notwithstanding any other provision of law) may be made
in open market by the Secretaries.
``(2) Mentor-protege program.--
``(A) In general.--Participation in the Mentor-
Protege Program established under section 831(a) of the
National Defense Authorization Act for Fiscal Year 1991
(10 U.S.C. 2302 note; Public Law 101-510) or receipt of
assistance under a developmental assistance agreement
under that program shall not render any individual or
entity involved in the provision of Indian labor or an
Indian industry product ineligible to receive
assistance under this section.
``(B) Treatment.--For purposes of this section, no
determination of affiliation or control (whether direct
or indirect) may be found between a protege firm and a
mentor firm on the basis that the mentor firm has
provided, or agreed to provide, to the protege firm,
pursuant to a mentor-protege agreement, any form of
developmental assistance described in section 831(f) of
the National Defense Authorization Act for Fiscal Year
1991 (10 U.S.C. 2302 note; Public Law 101-510).
``(c) Implementation.--In carrying out this section, the
Secretaries shall--
``(1) conduct outreach to Indian industrial entities;
``(2) provide training;
``(3) promulgate regulations in accordance with this
section and with the regulations under part 1480 of title 48,
Code of Federal Regulations (or successor regulations), to
harmonize the procurement procedures of the Department of the
Interior and the Department of Health and Human Services, to
the maximum extent practicable;
``(4) require regional offices of the Bureau of Indian
Affairs and the Indian Health Service to aggregate data
regarding compliance with this section;
``(5) require procurement management reviews by their
respective Departments to include a review of the
implementation of this section; and
``(6) consult with Indian Tribes, Indian industrial
entities, and other stakeholders regarding methods to
facilitate compliance with--
``(A) this section; and
``(B) other small business or procurement goals.
``(d) Report.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, and not less frequently than once
every 2 years thereafter, each of the Secretaries shall submit
to the Committee on Indian Affairs of the Senate and the
Committee on Natural Resources of the House of Representatives
a report describing, during the period covered by the report,
the implementation of this section by each of the respective
Secretaries.
``(2) Contents.--Each report under this subsection shall
include, for each fiscal year during the period covered by the
report--
``(A) the names of each agency under the respective
jurisdiction of each of the Secretaries to which this
section has been applied, and efforts made by
additional agencies within the Secretaries' respective
Departments to use the procurement procedures under
this Act;
``(B) a summary of the types of purchases made
from, and contracts (including any relevant
modifications, extensions, or renewals) awarded to,
Indian economic enterprises, expressed by agency
region;
``(C) a description of the percentage increase or
decrease in total dollar value and number of purchases
and awards made within each agency region, as compared
to the totals of the region for the preceding fiscal
year;
``(D) a description of the methods used by
applicable contracting officers and employees to
conduct market searches to identify qualified Indian
economic enterprises;
``(E) a summary of all deviations granted under
section 1480.403 of title 48, Code of Federal
Regulations (or successor regulations), including a
description of--
``(i) the types of alternative procurement
methods used, including any Indian owned
businesses reported under other procurement
goals; and
``(ii) the dollar value of any awards made
pursuant to those deviations;
``(F) a summary of all determinations made to
provide awards to Indian economic enterprises,
including a description of the dollar value of the
awards;
``(G) a description or summary of the total number
and value of all purchases of, and contracts awarded
for, supplies, services, and construction (including
the percentage increase or decrease, as compared to the
preceding fiscal year) from--
``(i) Indian economic enterprises; and
``(ii) non-Indian economic enterprises;
``(H) any administrative, procedural, legal, or
other barriers to achieving the purposes of this
section, together with recommendations for legislative
or administrative actions to address those barriers;
and
``(I) for each agency region--
``(i) the total amount spent on purchases
made from, and contracts awarded to, Indian
economic enterprises; and
``(ii) a comparison of the amount described
in clause (i) to the total amount that the
agency region would likely have spent on the
same purchases made from a non-Indian economic
enterprise or contracts awarded to a non-Indian
economic enterprise.
``(e) Goals.--Each agency shall establish an annual minimum
percentage goal for procurement in compliance with this section.''.
SEC. 5. NATIVE AMERICAN PROGRAMS ACT OF 1974.
(a) Financial Assistance for Native American Projects.--Section 803
of the Native American Programs Act of 1974 (42 U.S.C. 2991b) is
amended--
(1) by redesignating subsections (b) through (d) as
subsections (c) through (e), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Economic Development.--
``(1) In general.--The Commissioner may provide assistance
under subsection (a) for projects relating to the purposes of
this title to a Native community development financial
institution, as defined by the Secretary of the Treasury.
``(2) Priority.--With regard to not less than 50 percent of
the total amount available for assistance under this section,
the Commissioner shall give priority to any application seeking
assistance for--
``(A) the development of a Tribal code or court
system for purposes of economic development, including
commercial codes, training for court personnel,
regulation pursuant to section 5 of the Act of August
15, 1876 (19 Stat. 200, chapter 289; 25 U.S.C. 261),
and the development of nonprofit subsidiaries or other
Tribal business structures;
``(B) the development of a community development
financial institution, including training and
administrative expenses; or
``(C) the development of a Tribal master plan for
community and economic development and
infrastructure.''.
(b) Technical Assistance and Training.--Section 804 of the Native
American Programs Act of 1974 (42 U.S.C. 2991c) is amended--
(1) in the matter preceding paragraph (1), by striking
``The Commissioner'' and inserting the following:
``(a) In General.--The Commissioner''; and
(2) by adding at the end the following:
``(b) Priority.--In providing assistance under subsection (a), the
Commissioner shall give priority to any application described in
section 803(b)(2).''.
(c) Authorization of Appropriations.--Section 816 of the Native
American Programs Act of 1974 (42 U.S.C. 2992d) is amended--
(1) by striking ``803(d)'' each place it appears and
inserting ``803(e)''; and
(2) in subsection (a)--
(A) by striking ``such sums as may be necessary''
and inserting ``$34,000,000''; and
(B) by striking ``1999, 2000, 2001, and 2002'' and
inserting ``2020 through 2024''.
(d) Conforming and Technical Amendments.--The Native American
Programs Act of 1974 (42 U.S.C. 2991 et seq.) is amended--
(1) by striking ``tribe'' each place the term appears and
inserting ``Tribe'';
(2) by striking ``tribes'' each place the term appears and
inserting ``Tribes''; and
(3) by striking ``tribal'' each place the term appears and
inserting ``Tribal''.
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