[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4506 Reported in House (RH)]
<DOC>
Union Calendar No. 869
115th CONGRESS
2d Session
H. R. 4506
[Report No. 115-1064, Part I]
To provide incentives to encourage tribal job creation and economic
activity, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 30, 2017
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
December 3, 2018
Reported from the Committee on Natural Resources with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
December 3, 2018
Referral to the Committees on Foreign Affairs and Education and the
Workforce extended for a period ending not later than December 28, 2018
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
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
[For text of introduced bill, see copy of bill as introduced on
November 30, 2017]
_______________________________________________________________________
A BILL
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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Jobs for Tribes Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--INDIAN ECONOMIC ENHANCEMENT ACT OF 2018
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.
TITLE II--NATIVE AMERICAN BUSINESS INCUBATORS PROGRAM ACT
Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Establishment of program.
Sec. 204. Schools to business incubator pipeline.
Sec. 205. Agency partnerships.
TITLE III--INDIGENOUS PEOPLES EXCHANGE AND ECONOMIC COOPERATION ACT
Sec. 301. Short title.
Sec. 302. Statement of policy.
Sec. 303. Definitions.
Sec. 304. Strategy.
Sec. 305. United States assistance to support indigenous peoples.
TITLE I--INDIAN ECONOMIC ENHANCEMENT ACT OF 2018
SEC. 101. SHORT TITLE.
This title may be cited as the ``Indian Community Economic
Enhancement Act of 2018''.
SEC. 102. 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.''.
(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
``(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) to provide a report to Congress regarding
improvements to Indian communities resulting from such
initiatives and recommendations for promoting sustained growth
of the tribal economies.
``(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.''.
SEC. 103. 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; and
``(4) require procurement management reviews by their
respective Departments to include a review of the
implementation of this section.''.
SEC. 104. 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 by striking
``803(d)'' each place it appears and inserting ``803(e)''.
TITLE II--NATIVE AMERICAN BUSINESS INCUBATORS PROGRAM ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Native American Business
Incubators Program Act''.
SEC. 202. DEFINITIONS.
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
(B) is designed to accelerate the growth and
success of businesses through a variety of business
support resources and services, including--
(i) access to capital, business education,
and counseling;
(ii) networking opportunities;
(iii) mentorship opportunities; and
(iv) other services intended to aid in
developing a business.
(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.
(8) Program.--The term ``program'' means the program
established under section 203(a).
(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).
(10) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(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)).
SEC. 203. ESTABLISHMENT OF PROGRAM.
(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--
(A) be--
(i) an Indian tribe;
(ii) a tribal college or university;
(iii) an institution of higher education;
or
(iv) a private nonprofit organization or
tribal nonprofit organization that--
(I) provides business and financial
technical assistance; and
(II) will commit to serving one or
more reservation communities;
(B) be able to provide the physical workspace,
equipment, and connectivity necessary for Native
businesses and Native entrepreneurs to collaborate and
conduct business on a local, regional, national, and
international level; and
(C) in the case of an entity described in clauses
(ii) through (iv) of subparagraph (A), have been
operational for not less than 1 year before receiving a
grant under the program.
(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.
(B) Contents.--A joint application submitted under
subparagraph (A) shall--
(i) contain a certification that each
participant of the joint project is one of the
eligible entities described in paragraph
(1)(A); and
(ii) demonstrate that together the
participants meet the requirements of
subparagraphs (B) and (C) of paragraph (1).
(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--
(i) is an eligible 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
(iii) agrees--
(I) to a site evaluation by the
Secretary as part of the final
selection process;
(II) to an annual programmatic and
financial examination for the duration
of the grant; and
(III) to the maximum extent
practicable, to remedy any problems
identified pursuant to the site
evaluation under subclause (I) or an
examination under subclause (II);
(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;
(ii) whether the business incubator will
focus on a particular type of business or
industry;
(iii) a detailed breakdown of the services
to be offered to Native businesses and Native
entrepreneurs participating in the business
incubator; and
(iv) a detailed breakdown of the services,
if any, to be offered to Native businesses and
Native entrepreneurs not 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;
(ii) working in and providing services to
Native American communities;
(iii) providing assistance to entities
conducting business in reservation communities;
(iv) providing technical assistance under
Federal business and entrepreneurial
development programs for which Native
businesses and Native entrepreneurs are
eligible; and
(v) managing finances and staff
effectively; and
(E) a site description of the location at which the
eligible applicant will provide physical workspace,
including a description of the technologies, equipment,
and other resources that will be available to Native
businesses and Native entrepreneurs participating in
the business incubator.
(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;
(II) to commence providing services
within a minimum period of time, to be
determined by the Secretary; and
(III) to provide quality incubation
services to a significant number of
Native businesses and Native
entrepreneurs;
(ii) the experience of the eligible
applicant in providing services in Native
American communities, including in the one or
more reservation communities described in the
application; and
(iii) the proposed location of the business
incubator.
(B) Priority.--
(i) In general.--In evaluating the proposed
location of the business incubator under
subparagraph (A)(iii), the Secretary shall--
(I) consider the program goal of
achieving broad geographic distribution
of business incubators; and
(II) except as provided in clause
(ii), give priority to eligible
applicants that will provide business
incubation services on or near the
reservation of the one or more
communities that were described in the
application.
(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--
(I) the location of the business
incubator will not prevent the eligible
applicant from providing quality
business incubation services to Native
businesses and Native entrepreneurs
from the one or more reservation
communities to be served; and
(II) siting the business incubator
in the identified location will serve
the interests of the one or more
reservation communities to be served.
(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--
(i) sufficient detail for the Secretary to
ensure in the absence of a site visit or video
submission that the proposed site will permit
the eligible applicant to meet the requirements
of the program; and
(ii) a timeline describing when the
eligible applicant will be--
(I) in possession of the proposed
site; and
(II) operating the business
incubator at the proposed site.
(C) Followup.--Not later than 1 year after awarding
a grant to an eligible applicant that submits an
application with a written site proposal, the Secretary
shall conduct a site visit or evaluate a video
submission of the site to ensure the site is consistent
with the written site proposal.
(d) Administration.--
(1) Duration.--Each grant awarded under the program shall
be for a term of 3 years.
(2) Payment.--
(A) In general.--Except as provided in subparagraph
(B), the Secretary shall disburse grant funds awarded
to an eligible applicant in annual installments.
(B) More frequent disbursements.--On request by the
applicant, the Secretary may make disbursements of
grant funds more frequently than annually, on the
condition that disbursements shall be made not more
frequently than quarterly.
(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.
(B) Waiver.--The Secretary may waive, in whole or
in part, the requirements of subparagraph (A) with
respect to an eligible applicant if, after considering
the ability of the eligible applicant to provide non-
Federal contributions, the Secretary determines that--
(i) the proposed business incubator will
provide quality business incubation services;
and
(ii) the one or more reservation
communities to be served are unlikely to
receive similar services because of remoteness
or other reasons that inhibit the provision of
business and entrepreneurial development
services.
(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--
(i) the results of the annual evaluations
of the eligible applicant under subsection
(f)(1);
(ii) the performance of the business
incubator of the eligible applicant, as
compared to the performance of other business
incubators receiving assistance under the
program;
(iii) whether the eligible applicant
continues to be eligible for the program; and
(iv) the evaluation considerations for
initial awards under subsection (c)(2).
(C) Non-federal contributions for renewals.--An
eligible applicant that receives a grant renewal under
subparagraph (A) shall provide non-Federal
contributions in an amount equal to not less than 33
percent of the total amount of the grant.
(5) No duplicative grants.--An eligible applicant shall not
be awarded a grant under the program that is duplicative of
existing Federal funding from another source.
(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;
(B) to establish partnerships with other
institutions and entities to provide comprehensive
business incubation services to Native businesses and
Native entrepreneurs participating in the business
incubator; and
(C) for any other uses typically associated with
business incubators that the Secretary determines to be
appropriate and consistent with the purposes of the
program.
(2) Minimum requirements.--Each eligible applicant
receiving a grant under the program shall--
(A) offer culturally tailored incubation services
to Native businesses and Native entrepreneurs;
(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--
(i) financial education, including training
and counseling in--
(I) applying for and securing
business credit and investment capital;
(II) preparing and presenting
financial statements; and
(III) managing cash flow and other
financial operations of a business;
(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
(iii) marketing education, including
training and counseling in--
(I) identifying and segmenting
domestic and international market
opportunities;
(II) preparing and executing
marketing plans;
(III) locating contract
opportunities;
(IV) negotiating contracts; and
(V) using varying public relations
and advertising techniques;
(E) provide direct mentorship or assistance finding
mentors in the industry in which the Native business or
Native entrepreneur operates or intends to operate; and
(F) provide access to networks of potential
investors, professionals in the same or similar fields,
and other business owners with similar businesses.
(3) Technology.--Each eligible applicant shall leverage
technology to the maximum extent practicable to provide Native
businesses and Native entrepreneurs with access to the
connectivity tools needed to compete and thrive in 21st-century
markets.
(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--
(A) describe the performance of the eligible
applicant; and
(B) be used in determining the ongoing eligibility
of the eligible applicant.
(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;
(II) the number of Native
businesses and Native entrepreneurs
established and jobs created or
maintained; and
(III) the performance of Native
businesses and Native entrepreneurs
while participating in the business
incubator and after graduation or
departure from the business incubator;
and
(ii) any other information the Secretary
may require to evaluate the performance of a
business incubator to ensure appropriate
implementation of the program.
(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.
TITLE III--INDIGENOUS PEOPLES EXCHANGE AND ECONOMIC COOPERATION ACT
SEC. 301. SHORT TITLE.
This title may be cited as the ``Indigenous Peoples Exchange and
Economic Cooperation Act''.
SEC. 302. STATEMENT OF POLICY.
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.
SEC. 303. DEFINITIONS.
In this title:
(1) Native american tribes.--The term ``Native American
tribe'' means any federally recognized tribe.
(2) Indigenous peoples.--The term ``indigenous peoples''
means peoples residing in foreign countries in the Western
Hemisphere who have historical ties to a particular territory
and are culturally or historically distinct from the
politically dominant population.
SEC. 304. STRATEGY.
(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--
(1) cross-investments between Native American tribes and
indigenous peoples in tribal businesses and commercial
enterprises that involve indigenous peoples, such as
sustainable natural resource management, agricultural
development, or handicraft production; and
(2) the development of supply chains for United States
entities that include products produced by Native American
tribes and indigenous peoples.
(b) Consultation Required.--The individuals listed in this
subsection are the following:
(1) The Secretary of Commerce.
(2) The Secretary of State.
(3) The Secretary of the Interior.
(4) The United States Trade Representative.
(5) The Administrator and the Advisor for Indigenous
Peoples Issues of the United States Agency for International
Development.
(6) The President of the Overseas Private Investment
Corporation.
(7) The Chief Executive Officer of the Millennium Challenge
Corporation.
(8) The President of the Inter-American Foundation.
(9) Representatives of Native American tribes.
(10) Representatives of civil society organizations
advocating for the rights or interests of indigenous peoples.
(c) Appropriate Congressional Committees.--In this section, the
term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Natural Resources of the House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on
Energy and Natural Resources, and the Committee on Indian
Affairs of the Senate.
SEC. 305. UNITED STATES ASSISTANCE TO SUPPORT INDIGENOUS PEOPLES.
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--
(1) consult with--
(A) the Administrator of the United States Agency
for International Development; and
(B) representatives of civil society organizations,
especially organizations comprised of or representing
the interests of indigenous peoples; and
(2) provide assistance to countries in the Western
Hemisphere in a manner that promotes and facilitates
entrepreneurship among indigenous peoples--
(A) by strengthening the capacity of civil society
organizations and local governments; and
(B) by supporting projects involving sustainable
natural resource management, agricultural development,
and handicraft production.
Union Calendar No. 869
115th CONGRESS
2d Session
H. R. 4506
[Report No. 115-1064, Part I]
_______________________________________________________________________
A BILL
To provide incentives to encourage tribal job creation and economic
activity, and for other purposes.
_______________________________________________________________________
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