[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 519 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 519

   To establish a Native American-owned financial entity to provide 
financial services to Indian tribes, Native American organizations, and 
               Native Americans, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 5, 2003

 Mr. Campbell introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
   To establish a Native American-owned financial entity to provide 
financial services to Indian tribes, Native American organizations, and 
               Native Americans, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Native American 
Capital Formation and Economic Development Act of 2003''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purposes.
Sec. 4. Definitions.
        TITLE I--NATIVE AMERICAN CAPITAL DEVELOPMENT CORPORATION

Sec. 101. Establishment of the Corporation.
Sec. 102. Authorized assistance and service functions.
Sec. 103. Native American lending services grant.
Sec. 104. Audits.
Sec. 105. Annual housing and economic development reports.
Sec. 106. Advisory Council.
                TITLE II--CAPITALIZATION OF CORPORATION

Sec. 201. Capitalization of the Corporation.
            TITLE III--REGULATION, EXAMINATION, AND REPORTS

Sec. 301. Regulation, examination, and reports.
Sec. 302. Authority of the Secretary of Housing and Urban Development.
                 TITLE IV--FORMATION OF NEW CORPORATION

Sec. 401. Formation of new corporation.
Sec. 402. Adoption and approval of merger plan.
Sec. 403. Consummation of merger.
Sec. 404. Transition.
Sec. 405. Effect of merger.
                  TITLE V--OTHER NATIVE AMERICAN FUNDS

Sec. 501. Native American Economies Diagnostic Studies Fund.
Sec. 502. Native American Economic Incubation Center Fund.
               TITLE VI--AUTHORIZATIONS OF APPROPRIATIONS

Sec. 601. Native American financial institutions.
Sec. 602. Corporation.
Sec. 603. Other Native American funds.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) there is a special legal and political relationship 
        between the United States and the Indian tribes, as grounded in 
        treaties, the Constitution, Federal statutes and court 
        decisions, executive orders, and course of dealing;
            (2) despite the availability of abundant natural resources 
        on Indian land and a rich cultural legacy that accords great 
        value to self-determination, self-reliance, and independence, 
        Native Americans suffer rates of unemployment, poverty, poor 
        health, substandard housing, and associated social ills to a 
        greater degree than any other group in the United States;
            (3) the economic success and material well-being of Native 
        Americans depends on the combined efforts and resources of the 
        United States, Indian tribal governments, the private sector, 
        and individuals;
            (4) the poor performance of moribund Indian economies is 
        due in part to the near-complete absence of private capital and 
        private capital institutions; and
            (5) the goals of economic self-sufficiency and political 
        self-determination for Native Americans can best be achieved by 
        making available the resources and discipline of the private 
        market, adequate capital, and technical expertise.

SEC. 3. PURPOSES.

    The purposes of this Act are--
            (1) to establish an entity dedicated to capital development 
        and economic growth policies in Native American communities;
            (2) to provide the necessary resources of the United 
        States, Native Americans, and the private sector on endemic 
        problems such as fractionated and unproductive Indian land;
            (3) to provide a center for economic development policy and 
        analysis with particular emphasis on diagnosing the systemic 
        weaknesses with, and inhibitors to greater levels of investment 
        in, Native American economies;
            (4) to establish a Native-owned financial entity to provide 
        financial services to Indian tribes, Native American 
        organizations, and Native Americans; and
            (5) to improve the material standard of living of Native 
        Americans.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Alaska native.--The term ``Alaska Native'' has the 
        meaning given the term ``Native'' in section 3 of the Alaska 
        Native Claims Settlement Act (43 U.S.C. 1602).
            (2) Board.--The term ``Board'' means the Board of Directors 
        of the Corporation.
            (3) Capital distribution.--The term ``capital 
        distribution'' has the meaning given the term in section 1303 
        of the Federal Housing Enterprise Financial Safety and 
        Soundness Act of 1992 (12 U.S.C. 4502).
            (4) Chairperson.--The term ``Chairperson'' means the 
        chairperson of the Board.
            (5) Corporation.--The term ``Corporation'' means the Native 
        American Capital Development Corporation established by section 
        101(a)(1)(A).
            (6) Council.--The term ``Council'' means the Advisory 
        Council established under section 106(a).
            (7) Designated merger date.--The term ``designated merger 
        date'' means the specific calendar date and time of day 
        designated by the Board under this Act.
            (8) Department of hawaiian home lands.--The term 
        ``Department of Hawaiian Home Lands'' means the agency that is 
        responsible for the administration of the Hawaiian Homes 
        Commission Act, 1920 (42 Stat. 108 et seq.).
            (9) Fund.--The term ``Fund'' means the Community 
        Development Financial Institutions Fund established under 
        section 104 of the Riegle Community Development and Regulatory 
        Improvement Act of 1994 (12 U.S.C. 4703).
            (10) 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. 450b).
            (11) Merger plan.--The term ``merger plan'' means the plan 
        of merger adopted by the Board under this Act.
            (12) Native american.--The term ``Native American'' means--
                    (A) a member of an Indian tribe; or
                    (B) a Native Hawaiian.
            (13) Native american financial institution.--The term 
        ``Native American financial institution'' means a person (other 
        than an individual) that--
                    (A) qualifies as a community development financial 
                institution under section 103 of the Riegle Community 
                Development and Regulatory Improvement Act of 1994 (12 
                U.S.C. 4702);
                    (B) satisfies--
                            (i) requirements established by subtitle A 
                        of title I of the Riegle Community Development 
                        and Regulatory Improvement Act of 1994 (12 
                        U.S.C. 4701 et seq.); and
                            (ii) requirements applicable to persons 
                        seeking assistance from the Fund;
                    (C) demonstrates a special interest and expertise 
                in serving the primary economic development and 
                mortgage lending needs of the Native American 
                community; and
                    (D) demonstrates that the person has the 
                endorsement of the Native American community that the 
                person intends to serve.
            (14) Native american lender.--The term ``Native American 
        lender'' means a Native American governing body, Native 
        American housing authority, or other Native American financial 
        institution that acts as a primary mortgage or economic 
        development lender in a Native American community.
            (15) Native hawaiian.--The term ``Native Hawaiian'' has the 
        meaning given the term in section 201 of the Hawaiian Homes 
        Commission Act, 1920 (42 Stat. 108).
            (16) New corporation.--The term ``new corporation'' means 
        the corporation formed in accordance with title IV.
            (17) Secretary.--The term ``Secretary'' means the Secretary 
        of Housing and Urban Development.
            (18) Total capital.--The term ``total capital'' has the 
        meaning given the term in section 1303 of the Federal Housing 
        Enterprise Financial Safety and Soundness Act of 1992 (12 
        U.S.C. 4502).
            (19) Transition period.--The term ``transition period'' 
        means the period beginning on the date on which the merger plan 
        is approved by the Secretary and ending on the designated 
        merger date.

        TITLE I--NATIVE AMERICAN CAPITAL DEVELOPMENT CORPORATION

SEC. 101. ESTABLISHMENT OF THE CORPORATION.

    (a) Establishment; Board of Directors; Policies; Principal Office; 
Membership; Vacancies.--
            (1) Establishment.--
                    (A) In general.--There is established and chartered 
                a corporation, to be known as the ``Native American 
                Capital Development Corporation''.
                    (B) Period of time.--The Corporation shall be a 
                congressionally chartered body corporate until the 
                earlier of--
                            (i) the designated merger date; or
                            (ii) the date on which the charter is 
                        surrendered by the Corporation.
                    (C) Changes to charter.--The right to revise, 
                amend, or modify the Corporation charter is 
                specifically and exclusively reserved to Congress.
            (2) Board of directors; principal office.--
                    (A) Board.--The powers of the Corporation shall be 
                vested in a Board of Directors, which Board shall 
                determine the policies that govern the operations and 
                management of the Corporation.
                    (B) Principal office; residency.--
                            (i) Principal office.--The principal office 
                        of the Corporation shall be in the District of 
                        Columbia.
                            (ii) Venue.--For purposes of venue, the 
                        Corporation shall be considered to be a 
                        resident of the District of Columbia.
            (3) Membership.--
                    (A) In general.--
                            (i) Nine members.--Except as provided in 
                        clause (ii), the Board shall consist of 9 
                        members, of which--
                                    (I) 3 members shall be appointed by 
                                the President; and
                                    (II) 6 members shall be elected by 
                                the class A stockholders, in accordance 
                                with the bylaws of the Corporation.
                            (ii) Thirteen members.--If class B stock is 
                        issued under section 201(b), the Board shall 
                        consist of 13 members, of which--
                                    (I) 9 members shall be appointed 
                                and elected in accordance with clause 
                                (i); and
                                    (II) 4 members shall be elected by 
                                the class B stockholders, in accordance 
                                with the bylaws of the Corporation.
                    (B) Terms.--Each member of the Board shall be 
                elected or appointed for a 4-year term, except that the 
                members of the initial Board shall be elected or 
                appointed for the following terms:
                            (i) Of the 3 members appointed by the 
                        President--
                                    (I) 1 member shall be appointed for 
                                a 2-year term;
                                    (II) 1 member shall be appointed 
                                for a 3-year term; and
                                    (III) 1 member shall be appointed 
                                for a 4-year term;
                        as designated by the President at the time of 
                        the appointments.
                            (ii) Of the 6 members elected by the class 
                        A stockholders--
                                    (I) 2 members shall each be elected 
                                for a 2-year term;
                                    (II) 2 members shall each be 
                                elected for a 3-year term; and
                                    (III) 2 members shall each be 
                                elected for a 4-year term.
                            (iii) If class B stock is issued and 4 
                        additional members are elected by the class B 
                        stockholders--
                                    (I) 1 member shall be elected for a 
                                2-year term;
                                    (II) 1 member shall be elected for 
                                a 3-year term; and
                                    (III) 2 members shall each be 
                                elected for a 4-year term.
                    (C) Qualifications.--Each member appointed by the 
                President shall have expertise in 1 or more of the 
                following areas:
                            (i) Native American housing and economic 
                        development matters.
                            (ii) Financing in Native American 
                        communities.
                            (iii) Native American governing bodies, 
                        legal infrastructure, and judicial systems.
                            (iv) Restricted and trust land issues, 
                        economic development, and small consumer loans.
                    (D) Members of indian tribes.--Not less than 2 of 
                the members appointed by the President shall be members 
                of different, federally-recognized Indian tribes 
                enrolled in accordance with the applicable requirements 
                of the Indian tribes.
                    (E) Chairperson.--The Board shall select a 
                Chairperson from among the members of the Board, except 
                that the initial Chairperson shall be selected from 
                among the members of the initial Board who have been 
                appointed or elected to serve for a 4-year term.
                    (F) Vacancies.--
                            (i) Appointed members.--Any vacancy in the 
                        appointed membership of the Board shall be 
                        filled by appointment by the President, but 
                        only for the unexpired portion of the term.
                            (ii) Elected members.--Any vacancy in the 
                        elected membership of the Board shall be filled 
                        by appointment by the Board, but only for the 
                        unexpired portion of the term.
                    (G) Transitions.--Any member of the Board may 
                continue to serve after the expiration of the term for 
                which the member was appointed or elected until a 
                qualified successor has been appointed or elected.
    (b) Powers of the Corporation.--The Corporation--
            (1) shall adopt bylaws, consistent with this Act, 
        regulating, among other things, the manner in which--
                    (A) the business of the Corporation shall be 
                conducted;
                    (B) the elected members of the Board shall be 
                elected;
                    (C) the stock of the Corporation shall be issued, 
                held, and disposed of;
                    (D) the property of the Corporation shall be 
                disposed of; and
                    (E) the powers and privileges granted to the 
                Corporation by this Act and other law shall be 
                exercised;
            (2) may make and execute contracts, agreements, and 
        commitments, including entering into a cooperative agreement 
        with the Secretary;
            (3) may prescribe and impose fees and charges for services 
        provided by the Corporation;
            (4) may, if a settlement, adjustment, compromise, release, 
        or waiver of a claim, demand, or right of, by, or against the 
        Corporation, is not adverse to the interests of the United 
        States--
                    (A) settle, adjust, and compromise on the claim, 
                demand, or right; and
                    (B) with or without consideration or benefit to the 
                Corporation, release or waive, in whole or in part, in 
                advance or otherwise, the claim, demand, or right;
            (5) may sue and be sued, complain and defend, in any 
        Federal, State, tribal, or other court;
            (6) may acquire, take, hold, and own, manage, and dispose 
        of any property;
            (7) may--
                    (A) determine the necessary expenditures of the 
                Corporation and the manner in which those expenditures 
                shall be incurred, allowed, and paid; and
                    (B) appoint, employ, and fix and provide for the 
                compensation and benefits of such officers, employees, 
                attorneys, and agents as the Board determines 
                reasonable and not inconsistent with this section;
            (8) may incorporate a new corporation under State, District 
        of Columbia, or tribal law, as provided in this Act;
            (9) may adopt a plan of merger, as provided in this Act;
            (10) may consummate the merger of the Corporation into the 
        new corporation, as provided in this Act; and
            (11) may have succession until the designated merger date 
        or any earlier date on which the Corporation surrenders the 
        Federal charter of the Corporation.
    (c) Investment of Funds; Designation as Depositary, Custodian, or 
Agent.--
            (1) Investment of funds.--Funds of the Corporation that are 
        not required to meet current operating expenses shall be 
        invested in--
                    (A) obligations of, or obligations guaranteed by, 
                the United States (or any agency of the United States); 
                or
                    (B) in obligations, participations, or other 
                instruments that are lawful investments for fiduciary, 
                trust, or public funds.
            (2) Designation as depositary, custodian, or agent.--Any 
        Federal Reserve bank or Federal home loan bank, or any bank as 
        to which at the time of its designation by the Corporation 
        there is outstanding a designation by the Secretary of the 
        Treasury as a general or other depositary of public money, 
        may--
                    (A) be designated by the Corporation as a 
                depositary or custodian or as a fiscal or other agent 
                of the Corporation; and
                    (B) act as such a depositary, custodian, or agent.
    (d) Actions By and Against the Corporation.--Notwithstanding 
section 1349 of title 28, United States Code, or any other provision of 
law--
            (1) the Corporation shall be deemed to be an agency covered 
        under sections 1345 and 1442 of title 28, United States Code;
            (2) any civil action to which the Corporation is a party 
        shall be deemed to arise under the laws of the United States, 
        and the appropriate district court of the United States shall 
        have original jurisdiction over any such action, without regard 
        to amount or value; and
            (3) in any case in which all remedies have been exhausted 
        in accordance with the applicable ordinances of an Indian 
        tribe, in any civil or other action, case, or controversy in a 
        tribal court, State court, or in any court other than a 
        district court of the United States, to which the Corporation 
        is a party, may at any time before the commencement of the 
        civil action be removed by the Corporation, without the giving 
        of any bond or security and by following any procedure for 
        removal of causes in effect at the time of the removal--
                    (A) to the district court of the United States for 
                the district and division in which the action is 
                pending; or
                    (B) if there is no such district court, to the 
                United States District Court for the District of 
                Columbia.

SEC. 102. AUTHORIZED ASSISTANCE AND SERVICE FUNCTIONS.

    The Corporation may--
            (1) assist in the planning, establishment, and organization 
        of Native American financial institutions;
            (2) develop and provide financial expertise and technical 
        assistance to Native American financial institutions, including 
        methods of underwriting, securing, servicing, packaging, and 
        selling mortgage and small commercial and consumer loans;
            (3) develop and provide specialized technical assistance on 
        overcoming barriers to primary mortgage lending on Native 
        American land, including issues relating to--
                    (A) trust land;
                    (B) discrimination;
                    (C) high operating costs; and
                    (D) inapplicability of standard underwriting 
                criteria;
            (4) provide mortgage underwriting assistance (but not in 
        originating loans) under contract to Native American financial 
        institutions;
            (5) work with the Federal National Mortgage Association, 
        the Federal Home Loan Mortgage Corporation, and other 
        participants in the secondary market for home mortgage 
        instruments in identifying and eliminating barriers to the 
        purchase of Native American mortgage loans originated by Native 
        American financial institutions and other lenders in Native 
        American communities;
            (6) obtain capital investments in the Corporation from 
        Indian tribes, Native American organizations, and other 
        entities;
            (7) act as an information clearinghouse by providing 
        information on financial practices to Native American financial 
        institutions;
            (8) monitor and report to Congress on the performance of 
        Native American financial institutions in meeting the economic 
        development and housing credit needs of Native Americans; and
            (9) provide any of the services described in this section--
                    (A) directly; or
                    (B) under a contract authorizing another national 
                or regional Native American financial services provider 
                to assist the Corporation in carrying out the purposes 
                of this Act.

SEC. 103. NATIVE AMERICAN LENDING SERVICES GRANT.

    (a) Initial Grant Payment.--If the Secretary and the Corporation 
enter into a cooperative agreement for the Corporation to provide 
technical assistance and other services to Native American financial 
institutions, the agreement shall, to the extent that funds are 
available as provided in this Act, provide that the initial grant 
payment, anticipated to be $5,000,000, shall be made at the time at 
which all members of the initial Board have been appointed under this 
Act.
    (b) Payment of Grant Balance.--The payment of the remainder of the 
grant shall be made to the Corporation not later than 1 year after the 
date on which the initial grant payment is made under subsection (a).

SEC. 104. AUDITS.

    (a) Independent Audits.--
            (1) In general.--The Corporation shall have an annual 
        independent audit made of the financial statements of the 
        Corporation by an independent public accountant in accordance 
        with generally accepted auditing standards.
            (2) Determinations.--In conducting an audit under this 
        subsection, the independent public accountant shall determine 
        and submit to the Secretary a report on whether the financial 
        statements of the Corporation--
                    (A) are presented fairly in accordance with 
                generally accepted accounting principles; and
                    (B) to the extent determined necessary by the 
                Secretary, comply with any disclosure requirements 
                imposed under section 301.
    (b) GAO Audits.--
            (1) In general.--Beginning on the date that is 2 years 
        after the date of commencement of operation of the Corporation, 
        unless an earlier date is required by any other law, grant, or 
        agreement, the programs, activities, receipts, expenditures, 
        and financial transactions of the Corporation shall be subject 
        to audit by the Comptroller General of the United States under 
        such rules and regulations as may be prescribed by the 
        Comptroller General.
            (2) Access.--To carry out this subsection, the 
        representatives of the General Accounting Office shall--
                    (A) have access to all books, accounts, financial 
                records, reports, files, and all other papers, things, 
                or property belonging to or in use by the Corporation 
                that are necessary to facilitate the audit;
                    (B) be afforded full facilities for verifying 
                transactions with the balances or securities held by 
                depositaries, fiscal agents, and custodians; and
                    (C) have access, on request to the Corporation or 
                any auditor for an audit of the Corporation under 
                subsection (a), to any books, accounts, financial 
                records, reports, files, or other papers, or property 
                belonging to or in use by the Corporation and used in 
                any such audit and to any papers, records, files, and 
                reports of the auditor used in such an audit.
            (3) Reports.--The Comptroller General of the United States 
        shall submit to Congress a report on each audit conducted under 
        this subsection.
            (4) Reimbursement.--The Corporation shall reimburse the 
        General Accounting Office for the full cost of any audit 
        conducted under this subsection.

SEC. 105. ANNUAL HOUSING AND ECONOMIC DEVELOPMENT REPORTS.

    Not later than 1 year after the date of enactment of this Act, and 
annually thereafter, the Corporation shall collect, maintain, and 
provide to the Secretary, in a form determined by the Secretary, such 
data as the Secretary determines to be appropriate with respect to the 
activities of the Corporation relating to economic development.

SEC. 106. ADVISORY COUNCIL.

    (a) Establishment.--The Board shall establish an Advisory Council 
in accordance with this section.
    (b) Membership.--
            (1) In general.--The Council shall consist of 13 members, 
        who shall be appointed by the Board, including--
                    (A) 1 representative from each of the 12 districts 
                established by the Bureau of Indian Affairs; and
                    (B) 1 representative from the State of Hawaii.
            (2) Qualifications.--Of the members of the Council--
                    (A) not less than 6 members shall have expertise in 
                financial matters; and
                    (B) not less than 9 members shall be Native 
                Americans.
            (3) Terms.--Each member of the Council shall be appointed 
        for a 4-year term, except that the initial Council shall be 
        appointed, as designated by the Board at the time of 
        appointment, as follows:
                    (A) Each of 4 members shall be appointed for a 2-
                year term.
                    (B) Each of 4 members shall be appointed for a 3-
                year term.
                    (C) Each of 5 members shall be appointed for a 4-
                year term.
    (c) Duties.--The Council shall--
            (1) advise the Board on all policy matters of the 
        Corporation; and
            (2) through the regional representation of members of the 
        Council, provide information to the Board from all sectors of 
        the Native American community.

                TITLE II--CAPITALIZATION OF CORPORATION

SEC. 201. CAPITALIZATION OF THE CORPORATION.

    (a) Class A Stock.--The class A stock of the Corporation shall--
            (1) be issued only to Indian tribes and the Department of 
        Hawaiian Home Lands;
            (2) be allocated--
                    (A) with respect to Indian tribes, on the basis of 
                Indian tribe population, as determined by the Secretary 
                in consultation with the Secretary of the Interior, in 
                such manner as to issue 1 share for each member of an 
                Indian tribe; and
                    (B) with respect to the Department of Hawaiian Home 
                Lands, on the basis of the number of current leases at 
                the time of allocation;
            (3) have such par value and other characteristics as the 
        Corporation shall provide;
            (4) be issued in such a manner as to ensure that voting 
        rights may be vested only on purchase of those rights from the 
        Corporation by an Indian tribe or the Department of Hawaiian 
        Home Lands, with each share being entitled to 1 vote; and
            (5) be nontransferable.
    (b) Class B Stock.--
            (1) In general.--The Corporation may issue class B stock 
        evidencing capital contributions in the manner and amount, and 
        subject to any limitations on concentration of ownership, as 
        may be established by the Corporation.
            (2) Characteristics.--Any class B stock issued under 
        paragraph (1) shall--
                    (A) be available for purchase by investors;
                    (B) be entitled to such dividends as may be 
                declared by the Board in accordance with subsection 
                (c);
                    (C) have such par value and other characteristics 
                as the Corporation shall provide;
                    (D) be vested with voting rights, with each share 
                being entitled to 1 vote; and
                    (E) be transferable only on the books of the 
                Corporation.
    (c) Charges and Fees; Earnings.--
            (1) Charges and fees.--The Corporation may impose charges 
        or fees, which may be regarded as elements of pricing, with the 
        objectives that--
                    (A) all costs and expenses of the operations of the 
                Corporation should be within the income of the 
                Corporation derived from such operations; and
                    (B) those operations would be fully self-
                supporting.
            (2) Earnings.--
                    (A) In general.--All earnings from the operations 
                of the Corporation shall be annually transferred to the 
                general surplus account of the Corporation.
                    (B) Transfer of general surplus funds.--At any 
                time, funds in the general surplus account may, in the 
                discretion of the Board, be transferred to the reserves 
                of the Corporation.
    (d) Capital Distributions.--
            (1) Distributions.--
                    (A) In general.--Except as provided in paragraph 
                (2), the Corporation may make such capital 
                distributions as may be declared by the Board.
                    (B) Charging of distributions.--All capital 
                distributions under subparagraph (A) shall be charged 
                against the general surplus account of the Corporation.
            (2) Restriction.--The Corporation may not make any capital 
        distribution that would decrease the total capital of the 
        Corporation to an amount less than the capital level for the 
        Corporation established under section 301, without prior 
        written approval of the distribution by the Secretary.

            TITLE III--REGULATION, EXAMINATION, AND REPORTS

SEC. 301. REGULATION, EXAMINATION, AND REPORTS.

    (a) In General.--The Corporation shall be subject to the regulatory 
authority of the Department of Housing and Urban Development with 
respect to all matters relating to the financial safety and soundness 
of the Corporation.
    (b) Duty of Secretary.--The Secretary shall ensure that the 
Corporation is adequately capitalized and operating safely as a 
congressionally chartered body corporate.
    (c) Reports to Secretary.--
            (1) Annual reports.--On such date as the Secretary shall 
        require, but not later than 1 year after the date of enactment 
        of this Act, and annually thereafter, the Corporation shall 
        submit to the Secretary a report in such form and containing 
        such information with respect to the financial condition and 
        operations of the Corporation as the Secretary shall require.
            (2) Contents of reports.--Each report submitted under this 
        subsection shall contain a declaration by the president, vice 
        president, treasurer, or any other officer of the Corporation 
        designated by the Board to make the declaration, that the 
report is true and correct to the best of the knowledge and belief of 
that officer.

SEC. 302. AUTHORITY OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT.

    The Secretary shall--
            (1) have general regulatory power over the Corporation; and
            (2) promulgate such rules and regulations applicable to the 
        Corporation as the Secretary determines to be appropriate to 
        ensure that the purposes specified in section 3 are 
        accomplished.

                 TITLE IV--FORMATION OF NEW CORPORATION

SEC. 401. FORMATION OF NEW CORPORATION.

    (a) In General.--In order to continue the accomplishment of the 
purposes specified in section 3 beyond the terms of the charter of the 
Corporation, the Board shall, not later than 10 years after the date of 
enactment of this Act, cause the formation of a new corporation under 
the laws of any tribe, any State, or the District of Columbia.
    (b) Powers of New Corporation Not Prescribed.--Except as provided 
in this section, the new corporation may have such corporate powers and 
attributes permitted under the laws of the jurisdiction of in which the 
new corporation is incorporated as the Board determines to be 
appropriate.
    (c) Use of Name Prohibited.--The new corporation may not use in any 
manner the names ``Native American Capital Development Corporation'' or 
``NACDCO'', or any variation of those names.

SEC. 402. ADOPTION AND APPROVAL OF MERGER PLAN.

    (a) In General.--Not later than 10 years after the date of 
enactment of this Act, after consultation with the Indian tribes that 
are stockholders of class A stock referred to in section 201(a), the 
Board shall prepare, adopt, and submit to the Secretary for approval, a 
plan for merging the Corporation into the new corporation.
    (b) Designated Merger Date.--
            (1) In general.--The Board shall establish the designated 
        merger date in the merger plan as a specific calendar date on 
        which, and time of day at which, the merger of the Corporation 
        into the new corporation shall take effect.
            (2) Changes.--The Board may change the designated merger 
        date in the merger plan by adopting an amended plan of merger.
            (3) Restriction.--Except as provided in paragraph (4), the 
        designated merger date in the merger plan or any amended merger 
        plan shall not be later than 11 years after the date of 
        enactment of this Act.
            (4) Exception.--Subject to the restriction contained in 
        paragraph (5), the Board may adopt an amended plan of merger 
        that designates a date under paragraph (3) that is later than 
        11 years after the date of enactment of this Act if the Board 
        submits to the Secretary a report--
                    (A) stating that an orderly merger of the 
                Corporation into the new corporation is not feasible 
                before the latest date designated by the Board;
                    (B) explaining why an orderly merger of the 
                Corporation into the new corporation is not feasible 
                before the latest date designated by the Board;
                    (C) describing the steps that have been taken to 
                consummate an orderly merger of the Corporation into 
                the new corporation not later than 11 years after the 
                date of enactment of this Act; and
                    (D) describing the steps that will be taken to 
                consummate an orderly and timely merger of the 
                Corporation into the new corporation.
            (5) Limitation.--The date designated by the Board in an 
        amended merger plan shall not be later than 12 years after the 
        date of enactment of this Act.
            (6) Consummation of merger.--The consummation of an orderly 
        and timely merger of the Corporation into the new corporation 
        shall not occur later than 13 years after the date of enactment 
        of this Act.
    (c) Governmental Approvals of Merger Plan Required.--The merger 
plan or any amended merger plan shall take effect on the date on which 
the plan is approved by the Secretary.
    (d) Revision of Disapproved Merger Plan Required.--If the Secretary 
disapproves the merger plan or any amended merger plan--
            (1) the Secretary shall--
                    (A) notify the Corporation of the disapproval; and
                    (B) indicate the reasons for the disapproval; and
            (2) not later than 30 days after the date of notification 
        of disapproval under paragraph (1), the Corporation shall 
        submit to the Secretary for approval, an amended merger plan 
        that responds to the reasons for the disapproval indicated in 
        that notification.
    (e) No Stockholder Approval of Merger Plan Required.--The approval 
or consent of the stockholders of the Corporation shall not be required 
to accomplish the merger of the Corporation into the new corporation.

SEC. 403. CONSUMMATION OF MERGER.

    The Board shall ensure that the merger of the Corporation into the 
new corporation is accomplished in accordance with--
            (1) a merger plan approved by the Secretary under section 
        402; and
            (2) all applicable laws of the jurisdiction in which the 
        new corporation is incorporated.

SEC. 404. TRANSITION.

    Except as provided in this section, the Corporation shall, during 
the transition period, continue to have all of the rights, privileges, 
duties, and obligations, and shall be subject to all of the limitations 
and restrictions, set forth in this Act.

SEC. 405. EFFECT OF MERGER.

    (a) Transfer of Assets and Liabilities.--On the designated merger 
date--
            (1) all real, personal, and mixed property, all debts due 
        on any account, and any other interest, of or belonging to or 
due to the Corporation, shall be transferred to and vested in the new 
corporation without further act or deed; and
            (2) no title to any real, personal, or mixed property shall 
        be impaired in any way by reason of the merger.
    (b) Termination of the Corporation and Federal Charter.--On the 
designated merger date--
            (1) the surviving corporation of the merger shall be the 
        new corporation;
            (2) the Federal charter of the Corporation shall terminate; 
        and
            (3) the separate existence of the Corporation shall 
        terminate.
    (c) References to the Corporation in Law.--After the designated 
merger date, any reference to the Corporation in any law or regulation 
shall be deemed to refer to the new corporation.
    (d) Savings Clause.--
            (1) Proceedings.--The merger of the Corporation into the 
        new corporation shall not abate any proceeding commenced by or 
        against the Corporation before the designated merger date, 
        except that the new corporation shall be substituted for the 
        Corporation as a party to any such proceeding as of the 
        designated merger date.
            (2) Contracts and agreements.--All contracts and agreements 
        to which the Corporation is a party and which are in effect on 
        the day before the designated merger date shall continue in 
        effect according to their terms, except that the new 
        corporation shall be substituted for the Corporation as a party 
        to those contracts and agreements as of the designated merger 
        date.

                  TITLE V--OTHER NATIVE AMERICAN FUNDS

SEC. 501. NATIVE AMERICAN ECONOMIES DIAGNOSTIC STUDIES FUND.

    (a) Establishment.--There is established within the Corporation a 
fund to be known as the ``Native American Economies Diagnostic Studies 
Fund'' (referred to in this section as the ``Diagnostic Fund''), to be 
used to strengthen Indian tribal economies by supporting investment 
policy reforms and technical assistance to eligible Indian tribes, 
consisting of--
            (1) any interest earned on investment of amounts in the 
        Fund under subsection (d); and
            (2) such amounts as are appropriated to the Diagnostic Fund 
        under subsection (f).
    (b) Use of Amounts From Diagnostic Fund.--
            (1) In general.--The Corporation shall use amounts in the 
        Diagnostic Fund to establish an interdisciplinary mechanism by 
        which the Corporation and interested Indian tribes may 
        jointly--
                    (A) conduct diagnostic studies of Native economic 
                conditions; and
                    (B) provide recommendations for reforms in the 
                policy, legal, regulatory, and investment areas and 
                general economic environment of the interested Indian 
                tribes.
            (2) Conditions for studies.--A diagnostic study conducted 
        jointly by the Corporation and an Indian tribe under paragraph 
        (1)--
                    (A) shall be conducted in accordance with an 
                agreement between the Corporation and the Indian tribe; 
                and
                    (B) at a minimum, shall identify inhibitors to 
                greater levels of private sector investment and job 
                creation with respect to the Indian tribe.
    (c) Expenditures From Diagnostic Fund.--
            (1) In general.--Subject to paragraph (2), on request by 
        the Corporation, the Secretary of the Treasury shall transfer 
        from the Diagnostic Fund to the Corporation such amounts as the 
        Corporation determines are necessary to carry out this section.
            (2) Administrative expenses.--An amount not exceeding 12 
        percent of the amounts in the Diagnostic Fund shall be 
        available in each fiscal year to pay the administrative 
        expenses necessary to carry out this section.
    (d) Investment of Amounts.--
            (1) In general.--The Secretary of the Treasury shall invest 
        such portion of the Diagnostic Fund as is not, in the judgment 
        of the Secretary of the Treasury, required to meet current 
        withdrawals. Investments may be made only in interest-bearing 
        obligations of the United States.
            (2) Acquisition of obligations.--For the purpose of 
        investments under paragraph (1), obligations may be acquired--
                    (A) on original issue at the issue price; or
                    (B) by purchase of outstanding obligations at the 
                market price.
            (3) Sale of obligations.--Any obligation acquired by the 
        Diagnostic Fund may be sold by the Secretary of the Treasury at 
        the market price.
            (4) Credits to fund.--The interest on, and the proceeds 
        from the sale or redemption of, any obligations held in the 
        Diagnostic Fund shall be credited to and form a part of the 
        Diagnostic Fund.
    (e) Transfers of Amounts.--
            (1) In general.--The amounts required to be transferred to 
        the Diagnostic Fund under this section shall be transferred at 
        least monthly from the general fund of the Treasury to the 
        Diagnostic Fund on the basis of estimates made by the Secretary 
        of the Treasury.
            (2) Adjustments.--Proper adjustment shall be made in 
        amounts subsequently transferred to the extent prior estimates 
        were in excess of or less than the amounts required to be 
        transferred.
    (f) Transfers to Diagnostic Fund.--There are appropriated to the 
Diagnostic Fund, out of funds made available under section 603, such 
sums as are necessary to carry out this section.

SEC. 502. NATIVE AMERICAN ECONOMIC INCUBATION CENTER FUND.

    (a) Establishment.--There is established within the Corporation a 
fund to be known as the ``Native American Economic Incubation Center 
Fund'' (referred to in this section as the ``Economic Fund''), 
consisting of--
            (1) any interest earned on investment of amounts in the 
        Economic Fund under subsection (d); and
            (2) such amounts as are appropriated to the Economic Fund 
        under subsection (f).
    (b) Use of Amounts From Economic Fund.--
            (1) In general.--The Corporation shall use amounts in the 
        Economic Fund to ensure that Federal development assistance and 
        other resources dedicated to Native American economic 
        development are provided only to Native American communities 
        with demonstrated commitments to--
                    (A) sound economic and political policies;
                    (B) good governance; and
                    (C) practices that promote increased levels of 
                economic growth and job creation.
    (c) Expenditures From Economic Fund.--
            (1) In general.--Subject to paragraph (2), on request by 
        the Corporation, the Secretary of the Treasury shall transfer 
        from the Economic Fund to the Corporation such amounts as the 
        Corporation determines are necessary to carry out this section.
            (2) Administrative expenses.--An amount not exceeding 12 
        percent of the amounts in the Economic Fund shall be available 
        in each fiscal year to pay the administrative expenses 
        necessary to carry out this section.
    (d) Investment of Amounts.--
            (1) In general.--The Secretary of the Treasury shall invest 
        such portion of the Economic Fund as is not, in the judgment of 
        the Secretary of the Treasury, required to meet current 
        withdrawals. Investments may be made only in interest-bearing 
        obligations of the United States.
            (2) Acquisition of obligations.--For the purpose of 
        investments under paragraph (1), obligations may be acquired--
                    (A) on original issue at the issue price; or
                    (B) by purchase of outstanding obligations at the 
                market price.
            (3) Sale of obligations.--Any obligation acquired by the 
        Economic Fund may be sold by the Secretary of the Treasury at 
        the market price.
            (4) Credits to fund.--The interest on, and the proceeds 
        from the sale or redemption of, any obligations held in the 
        Economic Fund shall be credited to and form a part of the 
        Economic Fund.
    (e) Transfers of Amounts.--
            (1) In general.--The amounts required to be transferred to 
        the Economic Fund under this section shall be transferred at 
        least monthly from the general fund of the Treasury to the 
        Economic Fund on the basis of estimates made by the Secretary 
        of the Treasury.
            (2) Adjustments.--Proper adjustment shall be made in 
        amounts subsequently transferred to the extent prior estimates 
        were in excess of or less than the amounts required to be 
        transferred.
    (f) Transfers to Economic Fund.--There are appropriated to the 
Economic Fund, out of funds made available under section 603, such sums 
as are necessary to carry out this section.

               TITLE VI--AUTHORIZATIONS OF APPROPRIATIONS

SEC. 601. NATIVE AMERICAN FINANCIAL INSTITUTIONS.

    (a) In General.--There are authorized to be appropriated to the 
Fund, without fiscal year limitation, such sums as are necessary to 
provide financial assistance to Native American financial institutions.
    (b) No Consideration as Matching Funds.--To the extent that a 
Native American financial institution receives funds under subsection 
(a), the funds shall not be considered to be matching funds required 
under section 108(e) of the Riegle Community Development and Regulatory 
Improvement Act of 1994 (12 U.S.C. 4707(e)).

SEC. 602. CORPORATION.

    There are authorized to be appropriated to the Secretary, for 
transfer to the Corporation, such sums as are necessary to carry out 
activities of the Corporation.

SEC. 603. OTHER NATIVE AMERICAN FUNDS.

    There are authorized to be appropriated such sums as are necessary 
to carry out sections 501 and 502.
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