H.R.4506 - Jobs for Tribes Act115th Congress (2017-2018)
Bill
Hide Overview| Sponsor: | Rep. Torres, Norma J. [D-CA-35] (Introduced 11/30/2017) |
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| Committees: | House - Natural Resources; Foreign Affairs; Education and the Workforce |
| Committee Reports: | H. Rept. 115-1064 |
| Latest Action: | House - 12/28/2018 Placed on the Union Calendar, Calendar No. 869. (All Actions) |
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- Native Americans
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Text: H.R.4506 — 115th Congress (2017-2018)All Information (Except Text)
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Reported in House (12/28/2018)
Union Calendar No. 869
115th CONGRESS 2d Session |
[Report No. 115–1064, Part I]
To provide incentives to encourage tribal job creation and economic activity, and for other purposes.
Mrs. Torres (for herself, Mr. Cole, Mrs. Radewagen, Mr. Kind, Mr. O'Halleran, Ms. Jackson Lee, and Mr. Grijalva) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Foreign Affairs, and Education and the Workforce, 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
Reported from the Committee on Natural Resources with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
Referral to the Committees on Foreign Affairs and Education and the Workforce extended for a period ending not later than December 28, 2018
Additional sponsors: Mr. Khanna, Mr. Meeks, Mr. Soto, Mr. Gomez, Ms. McCollum, Mr. Kilmer, Ms. Wilson of Florida, Mr. Denham, Ms. Stefanik, Mr. Young of Alaska, Ms. Ros-Lehtinen, and Mr. Valadao
Committees on Foreign Affairs and Education and the Workforce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on November 30, 2017]
To provide incentives to encourage tribal job creation and economic activity, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, This Act may be cited as the “Jobs for Tribes Act”. The table of contents for this Act is as follows: This title may be cited as the “Indian Community Economic Enhancement Act of 2018”. (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— “(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; (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— (2) by adding at the end the following: “(c) Duties of Director.— “(1) IN GENERAL.—The Director shall serve as— (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 9; 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 “(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); “(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— 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). “(b) Enterprise development.— “(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— “(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; and (a) Financial assistance for Native American projects.—Section 803 of the Native American Programs Act of 1974 (42 U.S.C. 2991b) is amended— (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) Technical assistance and training.—Section 804 of the Native American Programs Act of 1974 (42 U.S.C. 2991c) is amended— (c) Authorization of appropriations.—Section 816 of the Native American Programs Act of 1974 (42 U.S.C. 2992d) is amended by striking “803(d)” each place it appears and inserting “803(e)”. This title may be cited as the “Native American Business Incubators Program Act”. In this title: (1) BUSINESS INCUBATOR.—The term “business incubator” means an organization that— (A) provides physical workspace and facilities resources to startups and established businesses; and (2) ELIGIBLE APPLICANT.—The term “eligible applicant” means an applicant eligible to apply for a grant under section 203(b). (3) INDIAN TRIBE.—The term “Indian tribe” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (4) INSTITUTION OF HIGHER EDUCATION.—The term “institution of higher education” has the meaning given the term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001). (5) NATIVE AMERICAN; NATIVE.—The terms “Native American” and “Native” have the meaning given the term “Indian” in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (6) NATIVE BUSINESS.—The term “Native business” means a business concern that is at least 51-percent owned and controlled by one or more Native Americans. (7) NATIVE ENTREPRENEUR.—The term “Native entrepreneur” means an entrepreneur who is a Native American. (9) RESERVATION.—The term “reservation” has the meaning given the term in section 3 of the Indian Financing Act of 1974 (25 U.S.C. 1452). (11) TRIBAL COLLEGE OR UNIVERSITY.—The term “tribal college or university” has the meaning given the term “Tribal College or University” in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)). (a) In general.—The Secretary shall establish a program in the Office of Indian Energy and Economic Development’s Division of Economic Development under which the Secretary shall provide financial assistance in the form of competitive grants to eligible applicants for the establishment and operation of business incubators that serve reservation communities by providing business incubation and other business services to Native businesses and Native entrepreneurs. (b) Eligible applicants.— (1) IN GENERAL.—To be eligible to receive a grant under the program, an applicant shall— (2) JOINT PROJECT.— (A) IN GENERAL.—Two or more entities may submit a joint application for a project that combines the resources and expertise of those entities at a physical location dedicated to assisting Native businesses and Native entrepreneurs under the program. (c) Application and selection process.— (1) APPLICATION REQUIREMENTS.—Each eligible applicant desiring a grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including— (A) a certification that the applicant— (ii) will designate an executive director or program manager, if such director or manager has not been designated, to manage the business incubator; and (B) a description of the one or more reservation communities to be served by the business incubator; (C) a 3-year plan that describes— (i) the number of Native businesses and Native entrepreneurs to be participating in the business incubator; (D) information demonstrating the effectiveness and experience of the eligible applicant in— (i) conducting financial, management, and marketing assistance programs designed to educate or improve the business skills of current or prospective businesses; (2) EVALUATION CONSIDERATIONS.— (A) IN GENERAL.—In evaluating each application, the Secretary shall consider— (i) the ability of the eligible applicant— (I) to operate a business incubator that effectively imparts entrepreneurship and business skills to Native businesses and Native entrepreneurs, as demonstrated by the experience and qualifications of the eligible applicant; (B) PRIORITY.— (i) IN GENERAL.—In evaluating the proposed location of the business incubator under subparagraph (A)(iii), the Secretary shall— (ii) EXCEPTION.—The Secretary may give priority to an eligible applicant that is not located on or near the reservation of the one or more communities that were described in the application if the Secretary determines that— (3) SITE EVALUATION.— (A) IN GENERAL.—Before making a grant to an eligible applicant, the Secretary shall conduct a site visit, evaluate a video submission, or evaluate a written site proposal (if the applicant is not yet in possession of the site) of the proposed site to ensure the proposed site will permit the eligible applicant to meet the requirements of the program. (B) WRITTEN SITE PROPOSAL.—A written site proposal shall meet the requirements described in paragraph (1)(E) and contain— (d) Administration.— (2) PAYMENT.— (3) NON-FEDERAL CONTRIBUTIONS FOR INITIAL ASSISTANCE.— (A) IN GENERAL.—Except as provided in subparagraph (B), an eligible applicant that receives a grant under the program shall provide non-Federal contributions in an amount equal to not less than 25 percent of the grant amount disbursed each year. (4) RENEWALS.— (A) IN GENERAL.—The Secretary may renew a grant award under the program for a term not to exceed 3 years. (B) CONSIDERATIONS.—In determining whether to renew a grant award, the Secretary shall consider with respect to the eligible applicant— (e) Program requirements.— (1) USE OF FUNDS.—An eligible applicant receiving a grant under the program may use grant amounts— (A) to provide physical workspace and facilities for Native businesses and Native entrepreneurs participating in the business incubator; (2) MINIMUM REQUIREMENTS.—Each eligible applicant receiving a grant under the program shall— (B) use a competitive process for selecting Native businesses and Native entrepreneurs to participate in the business incubator; (C) provide physical workspace that permits Native businesses and Native entrepreneurs to conduct business and collaborate with other Native businesses and Native entrepreneurs; (D) provide entrepreneurship and business skills training and education to Native businesses and Native entrepreneurs including— (ii) management education, including training and counseling in planning, organization, staffing, directing, and controlling each major activity or function of a business or startup; and (f) Oversight.— (1) ANNUAL EVALUATIONS.—Not later than 1 year after the date on which the Secretary awards a grant to an eligible applicant under the program, and annually thereafter for the duration of the grant, the Secretary shall conduct an evaluation of the eligible applicant, which shall— (2) ANNUAL REPORT.— (A) IN GENERAL.—Not later than 1 year after the date on which the Secretary awards a grant to an eligible applicant under the program, and annually thereafter for the duration of the grant, each eligible applicant receiving an award under the program shall submit to the Secretary a report describing the services the eligible applicant provided under the program during the preceding year. (B) REPORT CONTENT.—The report described in subparagraph (A) shall include— (i) a detailed breakdown of the Native businesses and Native entrepreneurs receiving services from the business incubator, including, for the year covered by the report— (I) the number of Native businesses and Native entrepreneurs participating in or receiving services from the business incubator and the types of services provided to those Native businesses and Native entrepreneurs; (C) LIMITATIONS.—To the maximum extent practicable, the Secretary shall not require an eligible applicant to report under subparagraph (A) information provided to the Secretary by the eligible applicant under other programs. (D) COORDINATION.—The Secretary shall coordinate with the heads of other Federal agencies to ensure that, to the maximum extent practicable, the report content and form under subparagraphs (A) and (B) are consistent with other reporting requirements for Federal programs that provide business and entrepreneurial assistance. SEC. 204. Schools to business incubator pipeline. The Secretary shall facilitate the establishment of relationships between eligible applicants receiving funds through the program and educational institutions serving Native American communities, including tribal colleges and universities. SEC. 205. Agency partnerships. The Secretary shall coordinate with the Secretary of Agriculture, the Secretary of Commerce, the Secretary of the Treasury, and the Administrator of the Small Business Administration to ensure, to the maximum extent practicable, that business incubators receiving grant funds under the program have the information and materials needed to provide Native businesses and Native entrepreneurs with the information and assistance necessary to apply for business and entrepreneurial development programs administered by the Department of Agriculture, the Department of Commerce, the Department of the Treasury, and the Small Business Administration. This title may be cited as the “Indigenous Peoples Exchange and Economic Cooperation Act”. It shall be the policy of the United States to facilitate contacts and cooperation, including commercial relationships, between Native American tribes and indigenous peoples in the Western Hemisphere. In this title: (a) In general.—Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a strategy, in consultation with the individuals listed in subsection (b), to promote and facilitate— (b) Consultation required.—The individuals listed in this subsection are the following: In order to improve the capacity of indigenous peoples to engage in and benefit from increased trade and investment relationships, the Secretary of State shall—
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 101. Short title.
Sec. 102. Native American Business Development, Trade Promotion, and Tourism Act of 2000.
Sec. 103. Buy Indian Act.
Sec. 104. Native American Programs Act of 1974.
Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Establishment of program.
Sec. 204. Schools to business incubator pipeline.
Sec. 205. Agency partnerships.
Sec. 301. Short title.
Sec. 302. Statement of policy.
Sec. 303. Definitions.
Sec. 304. Strategy.
Sec. 305. United States assistance to support indigenous peoples.
Union Calendar No. 869 | |||||
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[Report No. 115–1064, Part I]
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A BILL | |||||
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To provide incentives to encourage tribal job creation and economic activity, and for other
purposes.
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December 28, 2018 | |||||
Committees on Foreign Affairs and Education and the Workforce discharged; committed to the Committee of the Whole House on the State of the Union and ordered to
be printed |