Native Chamorro Equity Act

Bill: 116-hr-7986
Sponsor: full_name: Del. San Nicolas, Michael F. Q. [D-GU-At Large]
Introduced: 2020-08-07
Policy area: Native Americans
Subjects: Economic development

Government information and archives

Guam

Minority and disadvantaged businesses

Public contracts and procurement

Small business

Tax-exempt organizations

U.S. territories and protectorates
Latest action: action_date: 2020-08-07
text: Referred to the Committee on Natural Resources, and in addition to the Committee on Small Business, 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.

Summaries:
action_date: 2020-08-07
action_desc: Introduced in House
text: <p><b>Native Chamorro Equity Act</b></p> <p>This bill establishes a Chamorro Registry program. It also allows eligible Native Chamorro organizations to qualify for federal contracting opportunities through their participation in certain small business programs that are administered by the Small Business Administration. </p> <p>First, the bill establishes a Chamorro Registry program under the Guam Department of Chamorro Affairs. The program must keep a database to serve as a genealogy bank to verify Native Chamorro ancestry requirements.</p> <p>Next, it treats businesses owned by economically disadvantaged Native Chamorro 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 Chamorro organizations to participate in the Historically Underutilized Business Zone Empowerment Contracting (HUBZone) program.</p> <p>The 8(a) program and the HUBZone program each limit competition for certain government contracts to participating small businesses.</p>

tv_txt: I 116th CONGRESS 2d Session H. R. 7986 IN THE HOUSE OF REPRESENTATIVES August 7, 2020 Mr. San Nicolas introduced the following bill; which was referred to the Committee on Natural Resources , and in addition to the Committee on Small Business , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide for contracting with Native Chamorro Organizations, and for other purposes.

1. Short title This Act may be cited as the Native Chamorro Equity Act . 2. Chamorro Registry Program The Organic Act of Guam ( 48 U.S.C. 1421 et seq.) is amended by inserting after section 3 the following: 4. (a) There is established under the Department of Chamorro Affairs the Chamorro Registry Program which shall keep a database to serve as a genealogy bank to verify Native Chamorro ancestry requirements. The President of the Department of Chamorro Affairs shall include in the database the name of any individual who submits to that President a request to be included and a copy of that individual’s birth certificate and direct ancestors birth certificates that demonstrate that one or more of the individual’s direct ancestors resided on Guam before August 1, 1950. (b) (1) In this section, the term Native Chamorro 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 Chammoro under paragraph (1). . 3. Small business contracting for Native Chamorro Organizations (a) Native Chamorro Organization defined Section 3 of the Small Business Act ( 15 U.S.C. 632 ) is amended by adding at the end the following new subsection: (ff) Native Chamorro Organization (1) In general In this Act, the term Native Chamorro 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 Chamorros; and (C) whose business activities will principally benefit Native Chamorros. (2) Rule of construction The Administrator shall, to the extent practicable, determine whether an organization is a Native Chamorro Organization in the same manner as such determination is made under section 8(a)(15) with respect to Native Hawaiian Organizations. . (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; and (ii) by adding at the end the following new subclause: (IV) an economically disadvantaged Native Chamorro 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 , or ; and (iii) by adding at the end the following new subclause: (IV) an economically disadvantaged Native Chamorro 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 , or ; and (C) by adding at the end the following new clause: (iv) Native Chamorro Organizations described in subparagraph (A)(i)(IV) or subparagraph (A)(ii)(IV). . (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 ; or ; and (3) by adding at the end the following new subparagraph: (G) a small business concern— (i) that is wholly owned by one or more Native Chamorro Organizations, or by a corporation that is wholly owned by one or more Native Chamorro Organizations; or (ii) that is owned in part by one or more Native Chamorro Organizations, or by a corporation that is wholly owned by one or more Native Chamorro 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 Chamorro Organizations, after Native Hawaiian Organizations, .