Native Pacific Islanders of America Equity Act
Bill: H.R.6504 | Sponsor: Del. San Nicolas, Michael F. Q. (D-GU)
Policy area: Native Americans

Summary:
Native Pacific Islanders of America Equity Act
This bill establishes a CHamoru Registry program. It also allows eligible Native CHamoru organizations and Native Northern Marianas organizations to qualify for federal contracting opportunities through their participation in certain small business programs that are administered by the Small Business Administration.
First, the bill establishes a CHamoru Registry program under the Office of the Governor of Guam. The program must keep a database to serve as a genealogy bank to verify Native CHamoru ancestry requirements.
Next, it treats businesses owned by economically disadvantaged Native CHamoru organizations or Native Northern Marianas organizations as socially and economically disadvantaged small businesses for purposes of the Minority Small Business and Capital Ownership Development program, which is commonly known as the 8(a) program. Further, it allows businesses that are owned by Native CHamoru organizations or Native Northern Marianas organizations to participate in the Historically Underutilized Business Zone Empowerment Contracting (HUBZone) program.
The 8(a) program and the HUBZone program each limit competition for certain government contracts to participating small businesses.

To require the Governor of Guam to establish a database for verifying 
            Native CHamoru ancestry, 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 ``Native Pacific Islanders of America 
Equity Act''.

SEC. 2. CHAMORU REGISTRY PROGRAM.

    The Organic Act of Guam (48 U.S.C. 1421 et seq.) is amended by 
inserting after section 3 the following:
    ``Sec. 4. (a) There is established under the Office of the Governor 
the `CHamoru Registry Program', which shall keep a database to serve as 
a genealogy bank to verify Native CHamoru ancestry requirements. The 
Governor of Guam shall include in the database the name of any 
individual who submits to the Governor of Guam a request to be included 
and a copy of the birth certificate of that individual and birth 
certificates of direct ancestors that demonstrate that one or more of 
the individual's direct ancestors resided on Guam before August 1, 
1950.
    ``(b) Not less than once every 3 years, the Office of Public 
Auditor shall audit the database established by subsection (a) to 
ensure the accuracy of the database and that the database is in 
compliance with the requirements of subsection (a).
    ``(c)(1) In this section, the term `Native CHamoru' means an 
individual who can document that one or more of the individual's direct 
ancestors resided on Guam before August 1, 1950.
    ``(2) No residency or blood quantum amount shall be required for an 
individual to qualify as a `Native CHamoru' under paragraph (1).
    ``(d) The Superior Court of Guam shall have original jurisdiction 
over all judicial proceedings with respect to the CHamoru Registry 
Program and the database established by subsection (a).''.

SEC. 3. SMALL BUSINESS CONTRACTING FOR NATIVE CHAMORU AND NATIVE 
              NORTHERN MARIANAS ORGANIZATIONS.

    (a) Organizations Defined.--Section 3 of the Small Business Act (15 
U.S.C. 632) is amended by adding at the end the following new 
subsections:
    ``(gg) Native CHamoru Organization.--
            ``(1) In general.--In this Act, the term `Native CHamoru 
        Organization' means any organization--
                    ``(A) that is a nonprofit corporation that has 
                filed articles of incorporation with the director (or 
                the designee thereof) of the Guam Department of Revenue 
                and Taxation, or any successor agency;
                    ``(B) that is controlled by Native CHamorus (as 
                defined in section 4 of the Organic Act of Guam); and
                    ``(C) whose business activities will principally 
                benefit Native CHamorus.
            ``(2) Rule of construction.--The Administrator shall, to 
        the extent practicable, determine whether an organization is a 
        Native CHamoru Organization in the same manner as such 
        determination is made under section 8(a)(15) with respect to 
        Native Hawaiian Organizations (as defined in such section).
    ``(hh) Native Northern Marianas Organization.--
            ``(1) In general.--In this Act, the term `Native Northern 
        Marianas Organization' means any organization--
                    ``(A) that is a nonprofit corporation that has 
                filed articles of incorporation with the secretary (or 
                the designee thereof) of the Commonwealth of the 
                Northern Mariana Islands Department of Commerce, or any 
                successor agency;
                    ``(B) that is controlled by persons of Northern 
                Marianas descent (as defined in Section 4 of Article 12 
                of the Constitution of the Commonwealth of the Northern 
                Mariana Islands); and
                    ``(C) whose business activities will principally 
                benefit persons of Northern Marianas descent.
            ``(2) Rule of construction.--The Administrator shall, to 
        the extent practicable, determine whether an organization is a 
        Native Northern Marianas Organization in the same manner as 
        such determination is made under section 8(a)(15) with respect 
        to Native Hawaiian Organizations (as defined in such 
        section).''.
    (b) Socially and Economically Disadvantaged Small Business 
Concern.--Section 8(a)(4) of the Small Business Act (15 U.S.C. 
637(a)(4)) is amended--
            (1) in subparagraph (A)--
                    (A) in clause (i)--
                            (i) in subclause (II), by striking ``or'' 
                        at the end;
                            (ii) in subclause (III), by striking ``or'' 
                        at the end; and
                            (iii) by adding at the end the following 
                        new subclauses:
                    ``(IV) an economically disadvantaged Native CHamoru 
                Organization, or
                    ``(V) an economically disadvantaged Native Northern 
                Marianas Organization, or''; and
                    (B) in clause (ii)--
                            (i) in subclause (II), by striking ``or'' 
                        at the end;
                            (ii) in subclause (III), by striking the 
                        period at the end and inserting a comma; and
                            (iii) by adding at the end the following 
                        new subclauses:
                    ``(IV) an economically disadvantaged Native CHamoru 
                Organization, or
                    ``(V) an economically disadvantaged Native Northern 
                Marianas Organization.''; and
            (2) in subparagraph (B)--
                    (A) in clause (ii), by striking ``or'' at the end;
                    (B) in clause (iii), by striking the period at the 
                end and inserting a comma; and
                    (C) by adding at the end the following new clauses:
            ``(iv) Native CHamoru Organizations described in 
        subparagraph (A)(i)(IV) or subparagraph (A)(ii)(IV), or
            ``(v) Native Northern Marianas Organizations described in 
        subparagraph (A)(i)(V) or subparagraph (A)(ii)(V).''.
    (c) HUBZone Small Business Concern.--Section 31(b)(2) (15 U.S.C. 
657a note) is amended--
            (1) in subparagraph (E)(ii), by striking ``or'' at the end;
            (2) in subparagraph (F)(iii), by striking the period at the 
        end and inserting a semicolon; and
            (3) by adding at the end the following new subparagraphs:
                    ``(G) a small business concern--
                            ``(i) that is wholly owned by one or more 
                        Native CHamoru Organizations, or by a 
                        corporation that is wholly owned by one or more 
                        Native CHamoru Organizations; or
                            ``(ii) that is owned in part by one or more 
                        Native CHamoru Organizations, or by a 
                        corporation that is wholly owned by one or more 
                        Native CHamoru Organizations, if all other 
                        owners are either United States citizens or 
                        small business concerns; or
                    ``(H) a small business concern--
                            ``(i) that is wholly owned by one or more 
                        Native Northern Marianas Organizations, or by a 
                        corporation that is wholly owned by one or more 
                        Native Northern Marianas Organizations; or
                            ``(ii) that is owned in part by one or more 
                        Native Northern Marianas Organizations, or by a 
                        corporation that is wholly owned by one or more 
                        Native Northern Marianas Organizations, if all 
                        other owners are either United States citizens 
                        or small business concerns.''.
    (d) Findings.--Section 2(f)(1)(C) of the Small Business Act (15 
U.S.C. 631(f)(1)(C)) is amended by inserting ``Native CHamoru 
Organizations, Native Northern Marianas Organizations,'' after ``Native 
Hawaiian Organizations,''.
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