[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3234 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  2d Session
                                S. 3234

To amend the Native American Business Development, Trade Promotion, and 
Tourism Act of 2000, the Buy Indian Act, the Indian Trader Act, and the 
 Native American Programs Act of 1974 to provide industry and economic 
            development opportunities to Indian communities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 14, 2016

  Mr. Barrasso (for himself and Mr. McCain) introduced the following 
  bill; which was read twice and referred to the Committee on Indian 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
To amend the Native American Business Development, Trade Promotion, and 
Tourism Act of 2000, the Buy Indian Act, the Indian Trader 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 2016''.

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
                    (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;
                    (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 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 realized; or
                    (ii) may come at a higher cost than such access for 
                other projects;
            (6)(A) Federal capital improvement programs, such as tax-
        exempt bond financing and loan guarantees, are tools that help 
        improve or replace crumbling infrastructure;
            (B) Indian tribes may not be accorded the same status as 
        other units of government under Federal law for purposes of 
        issuing tax-exempt debt because certain tribal projects may not 
        qualify as essential government functions; and
            (C) as a result of the difference in status 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 loan guarantee programs available 
        for projects in Indian communities, but those programs may not 
        be fully used; 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 (9) as 
        paragraphs (2), (4), (5), (6), (7), (8), (11), (12), and (13), 
        respectively;
            (2) by inserting before paragraph (2) (as so redesignated) 
        the following:
            ``(1) Director.--The term `Director' means the Director of 
        Native American Business Development appointed pursuant to 
        section 4(a)(2).'';
            (3) by inserting after paragraph (2) (as so redesignated) 
        the following:
            ``(3) Fund.--The term `Fund' means the Indian Economic 
        Development Fund established by section 9(a)(1).''; and
            (4) by inserting after paragraph (8) (as so redesignated) 
        the following:
            ``(9) Native community development financial institution.--
        The term `Native community development financial institution' 
        means a community development financial institution (as defined 
        in section 103 of the Community Development Banking and 
        Financial Institutions Act of 1994 (12 U.S.C. 4702))--
                    ``(A) the investment area of which includes an 
                Indian reservation; or
                    ``(B) the targeted population of which includes an 
                Indian tribe.
            ``(10) 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.
            ``(2) Departmental coordination.--The Director shall 
        coordinate with all offices and agencies within the Department 
        of Commerce to ensure that each office and agency has an 
        accountable process to ensure--
                    ``(A) meaningful and timely coordination and 
                assistance, as required by this Act; and
                    ``(B) consultation with Indian tribes regarding the 
                policies, programs, assistance, and activities of the 
                offices and agencies.''.
    (d) Indian Community Development Initiatives.--The Native American 
Business Development, Trade Promotion, and Tourism Act of 2000 is 
amended--
            (1) by redesignating section 8 (25 U.S.C. 4307) as section 
        10; and
            (2) by inserting after section 7 (25 U.S.C. 4306) the 
        following:

``SEC. 8. INDIAN COMMUNITY DEVELOPMENT INITIATIVES.

    ``(a) Interagency Coordination.--The Secretary (acting through the 
Director), the Secretary of the Interior (acting through the Assistant 
Secretary for Indian Affairs), and the Secretary of the Treasury 
(acting through the Administrator of the Community Development 
Financial Institutions Fund), 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;
            ``(2) to identify regulatory or legal barriers to 
        increasing investment, including qualifying or approving 
        collateral structures, in Indian communities; and
            ``(3) to ensure consultation with Indian tribes regarding 
        increasing investment in Indian communities.
    ``(b) Waiver.--For assistance provided pursuant to section 108 of 
Public Law 103-325 (12 U.S.C. 4707), to benefit Native American 
communities and provided primarily through qualified community 
development lender organizations with experience and expertise in 
community development banking and lending in Indian country, Native 
American organizations, Indian tribes and tribal organizations, and 
other suitable providers, section 108(e) of Public Law 103-325 (12 
U.S.C. 4707(e)) shall not apply.
    ``(c) Tribal Government Functions.--Notwithstanding any other 
provision of law, for purposes of financing and economic or community 
development, the essential governmental functions of an Indian tribe 
shall be considered to include any function that may be performed or 
financed by a State or unit of local government with general taxing 
authority.

``SEC. 9. INDIAN ECONOMIC DEVELOPMENT FUND.

    ``(a) Establishment.--
            ``(1) In general.--There is established in the Treasury of 
        the United States a fund, to be known as the `Indian Economic 
        Development Fund', to be allocated by the Secretary of the 
        Treasury for administration by the Secretary of the Interior, 
        acting through the Assistant Secretary for Indian Affairs 
        (referred to in this section as the `Secretary').
            ``(2) Composition.--The Fund shall consist of--
                    ``(A) such amounts as are deposited in the Fund 
                under subsection (b); and
                    ``(B) any interest earned on investment of amounts 
                in the Fund under subsection (c).
    ``(b) Deposits to Fund.--
            ``(1) In general.--Beginning on the date that is 1 year 
        after the date of enactment of the Indian Community Economic 
        Enhancement Act of 2016, any Indian tribe may deposit amounts 
        in the Fund.
            ``(2) Action by secretary of treasury.--The Secretary of 
        the Treasury--
                    ``(A) may accept from an Indian tribe any amounts 
                deposited by the Indian tribe pursuant to paragraph 
                (1); and
                    ``(B) shall allocate all amounts in the Fund to the 
                Secretary of the Interior for use in accordance with 
                this section.
            ``(3) Use.--Amounts deposited pursuant to this subsection 
        shall be used--
                    ``(A) to support existing credit subsidies for the 
                loan guarantee program of the Bureau of Indian Affairs 
                under section 201 of the Indian Financing Act of 1974 
                (25 U.S.C. 1481); and
                    ``(B) to establish a credit subsidy solely for any 
                eligible community development financial institution 
                (as defined in section 114A of the Community 
                Development Banking and Financial Institutions Act of 
                1994 (12 U.S.C. 4713a))--
                            ``(i) that applies for financing under the 
                        program for bonds and notes issued for eligible 
                        community or economic development purposes 
                        under that section; and
                            ``(ii)(I) the investment area of which 
                        includes an Indian reservation; or
                            ``(II) the targeted population of which 
                        includes an Indian tribe.
    ``(c) Investment of Amounts.--
            ``(1) In general.--The Secretary shall invest such portion 
        of the Fund as is not, in the judgment of the Secretary, 
        required to meet current withdrawals.
            ``(2) Credits to fund.--The interest on, and the proceeds 
        from the sale or redemption of, any obligations held in the 
        Fund shall be credited to, and form a part of, the Fund.
    ``(d) Expenditures.--
            ``(1) In general.--Effective beginning on the date that is 
        2 years after the date of enactment of the Indian Community 
        Economic Enhancement Act of 2016, of the amounts in the Fund 
        for a fiscal year, the Secretary shall--
                    ``(A) use such amounts as are necessary to carry 
                out subparagraphs (A), (B), and (D) of paragraph (2); 
                and
                    ``(B) transfer to the Secretary of the Treasury the 
                amount described in subparagraph (C) of paragraph (2) 
                for use in accordance with that subparagraph.
            ``(2) Requirements.--For each fiscal year beginning after 
        the date described in paragraph (1)--
                    ``(A) not more than 5 percent of the amounts in the 
                Fund shall be used for administrative expenses;
                    ``(B) the Secretary shall use to provide credit 
                subsidies under the loan guarantee program of the 
                Bureau of Indian Affairs under section 201 of the 
                Indian Financing Act of 1974 (25 U.S.C. 1481) an amount 
                equal to the lesser of--
                            ``(i) 40 percent of the amounts in the 
                        Fund; and
                            ``(ii) $7,500,000;
                    ``(C) the Secretary of the Treasury shall allocate 
                to provide credit subsidies under the program for bonds 
                issued for eligible community or economic development 
                purposes established under section 114A of the 
                Community Development Banking and Financial 
                Institutions Act of 1994 (12 U.S.C. 4713a) that are 
                targeted solely for distribution to Native community 
                development financial institutions an amount equal to 
                the lesser of--
                            ``(i) 40 percent of the amounts in the 
                        Fund; and
                            ``(ii) $10,000,000; and
                    ``(D) the Secretary shall deposit in the reserve 
                fund under subsection (e) not less than 15 percent of 
                the amounts in the Fund.
    ``(e) Reserve Fund.--
            ``(1) Establishment.--The Secretary shall establish within 
        the Fund a reserve fund, which shall consist of an amount equal 
        to the greater of--
                    ``(A) 15 percent of the amounts in the Fund; and
                    ``(B) the amounts in the Fund in excess of the 
                amounts required to be used under subparagraphs (B) and 
                (C) of subsection (d)(2).
            ``(2) Use.--
                    ``(A) Prohibition.--Except as provided in 
                subparagraph (B), amounts in the reserve fund shall not 
                be used for any purpose.
                    ``(B) Excess amounts.--
                            ``(i) Consultation.--The Secretary shall 
                        consult with Indian tribes regarding additional 
                        uses for the Fund if the total amount in the 
                        reserve fund for a fiscal year exceeds an 
                        amount equal to the greater of--
                                    ``(I) 15 percent of the total 
                                amounts in the Fund; and
                                    ``(II) $25,000,000.
                            ``(ii) Use.--The Secretary may use any 
                        excess amounts described in clause (i) to 
                        provide to Indian tribes or Native community 
                        development financial institutions assistance 
                        for projects for--
                                    ``(I) community or economic 
                                development;
                                    ``(II) health care or public 
                                safety;
                                    ``(III) natural resource 
                                protection, including wildfire 
                                prevention, rehabilitation, and 
                                management; and
                                    ``(IV) sanitation.
    ``(f) Consultation.--Not later than 180 days after the date of 
enactment of the Indian Community Economic Enhancement Act of 2016, the 
Secretary and the Secretary of the Treasury shall consult with Indian 
tribes regarding the purposes, administration, methods of investment 
and accountability, and benefits of the Fund.''.

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, 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;
            ``(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 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 subsection, 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;
                    ``(B) a summary of the types of purchases made 
                from, and contracts 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 alternative procurement method 
                        used; 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 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; and
                    ``(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.''.

SEC. 5. INDIAN TRADER ACT.

    Section 5 of the Act of August 15, 1876 (commonly known as the 
``Indian Trader Act'') (19 Stat. 200, chapter 289; 25 U.S.C. 261), is 
amended--
            (1) by striking ``The Commissioner'' and inserting the 
        following:
    ``(a) In General.--The Commissioner''; and
            (2) by adding at the end the following:
    ``(b) Waiver.--On request of an Indian tribe, the Secretary of the 
Interior shall waive any applicable licensing requirement under 
subsection (a), if the Secretary determines that the Indian tribe has 
enacted tribal laws to govern licensing, trade, or commerce with 
respect to the Indian tribe or land held by, or in trust for the 
benefit of, the Indian tribe.''.

SEC. 6. 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 community development financial institution--
                    ``(A) that receives assistance under the Community 
                Development Banking and Financial Institutions Act of 
                1994 (12 U.S.C. 4701 et seq.); and
                    ``(B)(i) the investment area of which includes an 
                Indian reservation; or
                    ``(ii) the targeted population of which includes an 
                Indian tribe.
            ``(2) Priority.--In providing assistance under this section 
        for economic development purposes, 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 or maintenance 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), by striking ``1999, 2000, 2001, and 
        2002'' and inserting ``2017 through 2021''.
                                 <all>