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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 212 Enrolled Bill (ENR)]

        S.212

                     One Hundred Sixteenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Friday,
            the third day of January, two thousand and twenty

                                 An Act

 
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 2020''.
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, the extent to 
        which the programs and services overlap or are duplicative, 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 ``2021 through 2025''.
    (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''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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