[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4506 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 869
115th CONGRESS
  2d Session
                                H. R. 4506

                     [Report No. 115-1064, Part I]

  To provide incentives to encourage tribal job creation and economic 
                   activity, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 30, 2017

   Mrs. Torres (for herself, Mr. Cole, Mrs. Radewagen, Mr. Kind, Mr. 
O'Halleran, Ms. Jackson Lee, and Mr. Grijalva) introduced the following 
bill; which was referred to the Committee on Natural Resources, and in 
 addition to the Committees on Foreign Affairs, and Education and the 
 Workforce, 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

                            December 3, 2018

   Reported from the Committee on Natural Resources with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                            December 3, 2018

  Referral to the Committees on Foreign Affairs and Education and the 
Workforce extended for a period ending not later than December 28, 2018

                           December 28, 2018

 Additional sponsors: Mr. Khanna, Mr. Meeks, Mr. Soto, Mr. Gomez, Ms. 
McCollum, Mr. Kilmer, Ms. Wilson of Florida, Mr. Denham, Ms. Stefanik, 
         Mr. Young of Alaska, Ms. Ros-Lehtinen, and Mr. Valadao

                           December 28, 2018

     Committees on Foreign Affairs and Education and the Workforce 
discharged; committed to the Committee of the Whole House on the State 
                 of the Union and ordered to be printed
    [For text of introduced bill, see copy of bill as introduced on 
                           November 30, 2017]


_______________________________________________________________________

                                 A BILL


 
  To provide incentives to encourage tribal job creation and economic 
                   activity, 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 ``Jobs for Tribes Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

            TITLE I--INDIAN ECONOMIC ENHANCEMENT ACT OF 2018

Sec. 101. Short title.
Sec. 102. Native American Business Development, Trade Promotion, and 
                            Tourism Act of 2000.
Sec. 103. Buy Indian Act.
Sec. 104. Native American Programs Act of 1974.

       TITLE II--NATIVE AMERICAN BUSINESS INCUBATORS PROGRAM ACT

Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Establishment of program.
Sec. 204. Schools to business incubator pipeline.
Sec. 205. Agency partnerships.

  TITLE III--INDIGENOUS PEOPLES EXCHANGE AND ECONOMIC COOPERATION ACT

Sec. 301. Short title.
Sec. 302. Statement of policy.
Sec. 303. Definitions.
Sec. 304. Strategy.
Sec. 305. United States assistance to support indigenous peoples.

            TITLE I--INDIAN ECONOMIC ENHANCEMENT ACT OF 2018

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Indian Community Economic 
Enhancement Act of 2018''.

SEC. 102. NATIVE AMERICAN BUSINESS DEVELOPMENT, TRADE PROMOTION, AND 
              TOURISM ACT OF 2000.

    (a) Findings; Purposes.--Section 2 of the Native American Business 
Development, Trade Promotion, and Tourism Act of 2000 (25 U.S.C. 4301) 
is amended by adding at the end the following:
    ``(c) Applicability to Indian-Owned Businesses.--The findings and 
purposes in subsections (a) and (b) shall apply to any Indian-owned 
business governed--
            ``(1) by tribal laws regulating trade or commerce on Indian 
        lands; or
            ``(2) pursuant to section 5 of the Act of August 15, 1876 
        (19 Stat. 200, chapter 289; 25 U.S.C. 261).''.
    (b) Definitions.--Section 3 of the Native American Business 
Development, Trade Promotion, and Tourism Act of 2000 (25 U.S.C. 4302) 
is amended--
            (1) by redesignating paragraphs (1) through (6) and 
        paragraphs (7) through (9), as paragraphs (2) through (7) and 
        paragraphs (9) through (11), respectively;
            (2) by inserting before paragraph (2) (as redesignated by 
        paragraph (1)) the following:
            ``(1) Director.--The term `Director' means the Director of 
        Native American Business Development appointed pursuant to 
        section 4(a)(2).''; and
            (3) by inserting after paragraph (7) (as redesignated by 
        paragraph (1)) the following:
            ``(8) Office.--The term `Office' means the Office of Native 
        American Business Development established by section 
        4(a)(1).''.
    (c) Office of Native American Business Development.--Section 4 of 
the Native American Business Development, Trade Promotion, and Tourism 
Act of 2000 (25 U.S.C. 4303) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``Department of Commerce'' 
                        and inserting ``Office of the Secretary''; and
                            (ii) by striking ``(referred to in this Act 
                        as the `Office')''; and
                    (B) in paragraph (2), in the first sentence, by 
                striking ``(referred to in this Act as the 
                `Director')''; and
            (2) by adding at the end the following:
    ``(c) Duties of Director.--
            ``(1) In general.--The Director shall serve as--
                    ``(A) the program and policy advisor to the 
                Secretary with respect to the trust and governmental 
                relationship between the United States and Indian 
                tribes; and
                    ``(B) the point of contact for Indian tribes, 
                tribal organizations, and Indians regarding--
                            ``(i) policies and programs of the 
                        Department of Commerce; and
                            ``(ii) other matters relating to economic 
                        development and doing business in Indian lands.
            ``(2) Departmental coordination.--The Director shall 
        coordinate with all offices and agencies within the Department 
        of Commerce to ensure that each office and agency has an 
        accountable process to ensure--
                    ``(A) meaningful and timely coordination and 
                assistance, as required by this Act; and
                    ``(B) consultation with Indian tribes regarding the 
                policies, programs, assistance, and activities of the 
                offices and agencies.''.
    (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 
        9; and
            (2) by inserting after section 7 (25 U.S.C. 4306) the 
        following:

``SEC. 8. INDIAN COMMUNITY DEVELOPMENT INITIATIVES.

    ``(a) Interagency Coordination.--Not later than 1 year after the 
enactment of this section, the Secretary, the Secretary of the 
Interior, and the Secretary of the Treasury shall coordinate--
            ``(1) to develop initiatives that--
                    ``(A) encourage, promote, and provide education 
                regarding investments in Indian communities through--
                            ``(i) the loan guarantee program of Bureau 
                        of Indian Affairs under section 201 of the 
                        Indian Financing Act of 1974 (25 U.S.C. 1481);
                            ``(ii) programs carried out using amounts 
                        in the Community Development Financial 
                        Institutions Fund established under section 
                        104(a) of the Community Development Banking and 
                        Financial Institutions Act of 1994 (12 U.S.C. 
                        4703(a)); and
                            ``(iii) other capital development programs;
                    ``(B) examine and develop alternatives that would 
                qualify as collateral for financing in Indian 
                communities; and
                    ``(C) provide entrepreneur and other training 
                relating to economic development through tribally 
                controlled colleges and universities and other Indian 
                organizations with experience in providing such 
                training;
            ``(2) to consult with Indian tribes and with the Securities 
        and Exchange Commission to study, and collaborate to establish, 
        regulatory changes necessary to qualify an Indian tribe as an 
        accredited investor for the purposes of sections 230.500 
        through 230.508 of title 17, Code of Federal Regulations (or 
        successor regulations), consistent with the goals of promoting 
        capital formation and ensuring qualifying Indian tribes have 
        the ability to withstand investment loss, on a basis comparable 
        to other legal entities that qualify as accredited investors 
        who are not natural persons;
            ``(3) to identify regulatory, legal, or other barriers to 
        increasing investment, business, and economic development, 
        including qualifying or approving collateral structures, 
        measurements of economic strength, and contributions of Indian 
        economies in Indian communities through the Authority 
        established under section 4 of the Indian Tribal Regulatory 
        Reform and Business Development Act of 2000 (25 U.S.C. 4301 
        note);
            ``(4) to ensure consultation with Indian tribes regarding 
        increasing investment in Indian communities and the development 
        of the report required in paragraph (5); and
            ``(5) to provide a report to Congress regarding 
        improvements to Indian communities resulting from such 
        initiatives and recommendations for promoting sustained growth 
        of the tribal economies.
    ``(b) Waiver.--For assistance provided pursuant to section 108 of 
the Community Development Banking and Financial Institutions Act of 
1994 (12 U.S.C. 4707) to benefit Native Community Development Financial 
Institutions, as defined by the Secretary of the Treasury, section 
108(e) of such Act shall not apply.
    ``(c) Indian Economic Development Feasibility Study.--
            ``(1) In general.--The Government Accountability Office 
        shall conduct a study and, not later than 18 months after the 
        date of enactment of this subsection, submit to the Committee 
        on Indian Affairs of the Senate and the Committee on Natural 
        Resources of the House of Representatives a report on the 
        findings of the study and recommendations.
            ``(2) Contents.--The study shall include an assessment of 
        each of the following:
                    ``(A) In general.--The study shall assess current 
                Federal capitalization and related programs and 
                services that are available to assist Indian 
                communities with business and economic development, 
                including manufacturing, physical infrastructure (such 
                as telecommunications and broadband), community 
                development, and facilities construction for such 
                purposes. For each of the Federal programs and services 
                identified, the study shall assess the current use and 
                demand by Indian tribes, individuals, businesses, and 
                communities of the programs, the capital needs of 
                Indian tribes, businesses, and communities related to 
                economic development, and the extent that similar 
                programs have been used to assist non-Indian 
                communities compared to the extent used for Indian 
                communities.
                    ``(B) Financing assistance.--The study shall assess 
                and quantify the extent of assistance provided to non-
                Indian borrowers and to Indian (both tribal and 
                individual) borrowers (including information about such 
                assistance as a percentage of need for Indian borrowers 
                and for non-Indian borrowers, assistance to Indian 
                borrowers and to non-Indian borrowers as a percentage 
                of total applicants, and such assistance to Indian 
                borrowers as individuals as compared to such assistance 
                to Indian tribes) through the loan programs, the loan 
                guarantee programs, or bond guarantee programs of the--
                            ``(i) Department of the Interior;
                            ``(ii) Department of Agriculture;
                            ``(iii) Department of Housing and Urban 
                        Development;
                            ``(iv) Department of Energy;
                            ``(v) Small Business Administration; and
                            ``(vi) Community Development Financial 
                        Institutions Fund of the Department of the 
                        Treasury.
                    ``(C) Tax incentives.--The study shall assess and 
                quantify the extent of the assistance and allocations 
                afforded for non-Indian projects and for Indian 
                projects pursuant to each of the following tax 
                incentive programs:
                            ``(i) New market tax credit.
                            ``(ii) Low income housing tax credit.
                            ``(iii) Investment tax credit.
                            ``(iv) Renewable energy tax incentives.
                            ``(v) Accelerated depreciation.
                    ``(D) Tribal investment incentive.--The study shall 
                assess various alternative incentives that could be 
                provided to enable and encourage tribal governments to 
                invest in an Indian community development investment 
                fund or bank.''.

SEC. 103. BUY INDIAN ACT.

    Section 23 of the Act of June 25, 1910 (commonly known as the ``Buy 
Indian Act'') (36 Stat. 861, chapter 431; 25 U.S.C. 47), is amended to 
read as follows:

``SEC. 23. EMPLOYMENT OF INDIAN LABOR AND PURCHASE OF PRODUCTS OF 
              INDIAN INDUSTRY; PARTICIPATION IN MENTOR-PROTEGE PROGRAM.

    ``(a) Definitions.--In this section:
            ``(1) Indian economic enterprise.--The term `Indian 
        economic enterprise' has the meaning given the term in section 
        1480.201 of title 48, Code of Federal Regulations (or successor 
        regulations).
            ``(2) Mentor firm; protege firm.--The terms `mentor firm' 
        and `protege firm' have the meanings given those terms in 
        section 831(c) of the National Defense Authorization Act for 
        Fiscal Year 1991 (10 U.S.C. 2302 note; Public Law 101-510).
            ``(3) Secretaries.--The term `Secretaries' means--
                    ``(A) the Secretary of the Interior; and
                    ``(B) the Secretary of Health and Human Services.
    ``(b) Enterprise Development.--
            ``(1) In general.--Unless determined by one of the 
        Secretaries to be impracticable and unreasonable--
                    ``(A) Indian labor shall be employed; and
                    ``(B) purchases of Indian industry products 
                (including printing and facilities construction, 
                notwithstanding any other provision of law) may be made 
                in open market by the Secretaries.
            ``(2) Mentor-protege program.--
                    ``(A) In general.--Participation in the Mentor-
                Protege Program established under section 831(a) of the 
                National Defense Authorization Act for Fiscal Year 1991 
                (10 U.S.C. 2302 note; Public Law 101-510) or receipt of 
                assistance under a developmental assistance agreement 
                under that program shall not render any individual or 
                entity involved in the provision of Indian labor or an 
                Indian industry product ineligible to receive 
                assistance under this section.
                    ``(B) Treatment.--For purposes of this section, no 
                determination of affiliation or control (whether direct 
                or indirect) may be found between a protege firm and a 
                mentor firm on the basis that the mentor firm has 
                provided, or agreed to provide, to the protege firm, 
                pursuant to a mentor-protege agreement, any form of 
                developmental assistance described in section 831(f) of 
                the National Defense Authorization Act for Fiscal Year 
                1991 (10 U.S.C. 2302 note; Public Law 101-510).
    ``(c) Implementation.--In carrying out this section, the 
Secretaries shall--
            ``(1) conduct outreach to Indian industrial entities;
            ``(2) provide training;
            ``(3) promulgate regulations in accordance with this 
        section and with the regulations under part 1480 of title 48, 
        Code of Federal Regulations (or successor regulations), to 
        harmonize the procurement procedures of the Department of the 
        Interior and the Department of Health and Human Services, to 
        the maximum extent practicable; and
            ``(4) require procurement management reviews by their 
        respective Departments to include a review of the 
        implementation of this section.''.

SEC. 104. NATIVE AMERICAN PROGRAMS ACT OF 1974.

    (a) Financial Assistance for Native American Projects.--Section 803 
of the Native American Programs Act of 1974 (42 U.S.C. 2991b) is 
amended--
            (1) by redesignating subsections (b) through (d) as 
        subsections (c) through (e), respectively; and
            (2) by inserting after subsection (a) the following:
    ``(b) Economic Development.--
            ``(1) In general.--The Commissioner may provide assistance 
        under subsection (a) for projects relating to the purposes of 
        this title to a Native community development financial 
        institution, as defined by the Secretary of the Treasury.
            ``(2) Priority.--With regard to not less than 50 percent of 
        the total amount available for assistance under this section, 
        the Commissioner shall give priority to any application seeking 
        assistance for--
                    ``(A) the development of a tribal code or court 
                system for purposes of economic development, including 
                commercial codes, training for court personnel, 
                regulation pursuant to section 5 of the Act of August 
                15, 1876 (19 Stat. 200, chapter 289; 25 U.S.C. 261), 
                and the development of nonprofit subsidiaries or other 
                tribal business structures;
                    ``(B) the development of a community development 
                financial institution, including training and 
                administrative expenses; or
                    ``(C) the development of a tribal master plan for 
                community and economic development and 
                infrastructure.''.
    (b) Technical Assistance and Training.--Section 804 of the Native 
American Programs Act of 1974 (42 U.S.C. 2991c) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``The Commissioner'' and inserting the following:
    ``(a) In General.--The Commissioner''; and
            (2) by adding at the end the following:
    ``(b) Priority.--In providing assistance under subsection (a), the 
Commissioner shall give priority to any application described in 
section 803(b)(2).''.
    (c) Authorization of Appropriations.--Section 816 of the Native 
American Programs Act of 1974 (42 U.S.C. 2992d) is amended by striking 
``803(d)'' each place it appears and inserting ``803(e)''.

       TITLE II--NATIVE AMERICAN BUSINESS INCUBATORS PROGRAM ACT

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Native American Business 
Incubators Program Act''.

SEC. 202. DEFINITIONS.

    In this title:
            (1) Business incubator.--The term ``business incubator'' 
        means an organization that--
                    (A) provides physical workspace and facilities 
                resources to startups and established businesses; and
                    (B) is designed to accelerate the growth and 
                success of businesses through a variety of business 
                support resources and services, including--
                            (i) access to capital, business education, 
                        and counseling;
                            (ii) networking opportunities;
                            (iii) mentorship opportunities; and
                            (iv) other services intended to aid in 
                        developing a business.
            (2) Eligible applicant.--The term ``eligible applicant'' 
        means an applicant eligible to apply for a grant under section 
        203(b).
            (3) 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. 5304).
            (4) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101 of the Higher Education Act of 1965 (20 
        U.S.C. 1001).
            (5) Native american; native.--The terms ``Native American'' 
        and ``Native'' have the meaning given the term ``Indian'' in 
        section 4 of the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 5304).
            (6) Native business.--The term ``Native business'' means a 
        business concern that is at least 51-percent owned and 
        controlled by one or more Native Americans.
            (7) Native entrepreneur.--The term ``Native entrepreneur'' 
        means an entrepreneur who is a Native American.
            (8) Program.--The term ``program'' means the program 
        established under section 203(a).
            (9) Reservation.--The term ``reservation'' has the meaning 
        given the term in section 3 of the Indian Financing Act of 1974 
        (25 U.S.C. 1452).
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (11) Tribal college or university.--The term ``tribal 
        college or university'' has the meaning given the term ``Tribal 
        College or University'' in section 316(b) of the Higher 
        Education Act of 1965 (20 U.S.C. 1059c(b)).

SEC. 203. ESTABLISHMENT OF PROGRAM.

    (a) In General.--The Secretary shall establish a program in the 
Office of Indian Energy and Economic Development's Division of Economic 
Development under which the Secretary shall provide financial 
assistance in the form of competitive grants to eligible applicants for 
the establishment and operation of business incubators that serve 
reservation communities by providing business incubation and other 
business services to Native businesses and Native entrepreneurs.
    (b) Eligible Applicants.--
            (1) In general.--To be eligible to receive a grant under 
        the program, an applicant shall--
                    (A) be--
                            (i) an Indian tribe;
                            (ii) a tribal college or university;
                            (iii) an institution of higher education; 
                        or
                            (iv) a private nonprofit organization or 
                        tribal nonprofit organization that--
                                    (I) provides business and financial 
                                technical assistance; and
                                    (II) will commit to serving one or 
                                more reservation communities;
                    (B) be able to provide the physical workspace, 
                equipment, and connectivity necessary for Native 
                businesses and Native entrepreneurs to collaborate and 
                conduct business on a local, regional, national, and 
                international level; and
                    (C) in the case of an entity described in clauses 
                (ii) through (iv) of subparagraph (A), have been 
                operational for not less than 1 year before receiving a 
                grant under the program.
            (2) Joint project.--
                    (A) In general.--Two or more entities may submit a 
                joint application for a project that combines the 
                resources and expertise of those entities at a physical 
                location dedicated to assisting Native businesses and 
                Native entrepreneurs under the program.
                    (B) Contents.--A joint application submitted under 
                subparagraph (A) shall--
                            (i) contain a certification that each 
                        participant of the joint project is one of the 
                        eligible entities described in paragraph 
                        (1)(A); and
                            (ii) demonstrate that together the 
                        participants meet the requirements of 
                        subparagraphs (B) and (C) of paragraph (1).
    (c) Application and Selection Process.--
            (1) Application requirements.--Each eligible applicant 
        desiring a grant under the program shall submit to the 
        Secretary an application at such time, in such manner, and 
        containing such information as the Secretary may require, 
        including--
                    (A) a certification that the applicant--
                            (i) is an eligible applicant;
                            (ii) will designate an executive director 
                        or program manager, if such director or manager 
                        has not been designated, to manage the business 
                        incubator; and
                            (iii) agrees--
                                    (I) to a site evaluation by the 
                                Secretary as part of the final 
                                selection process;
                                    (II) to an annual programmatic and 
                                financial examination for the duration 
                                of the grant; and
                                    (III) to the maximum extent 
                                practicable, to remedy any problems 
                                identified pursuant to the site 
                                evaluation under subclause (I) or an 
                                examination under subclause (II);
                    (B) a description of the one or more reservation 
                communities to be served by the business incubator;
                    (C) a 3-year plan that describes--
                            (i) the number of Native businesses and 
                        Native entrepreneurs to be participating in the 
                        business incubator;
                            (ii) whether the business incubator will 
                        focus on a particular type of business or 
                        industry;
                            (iii) a detailed breakdown of the services 
                        to be offered to Native businesses and Native 
                        entrepreneurs participating in the business 
                        incubator; and
                            (iv) a detailed breakdown of the services, 
                        if any, to be offered to Native businesses and 
                        Native entrepreneurs not participating in the 
                        business incubator;
                    (D) information demonstrating the effectiveness and 
                experience of the eligible applicant in--
                            (i) conducting financial, management, and 
                        marketing assistance programs designed to 
                        educate or improve the business skills of 
                        current or prospective businesses;
                            (ii) working in and providing services to 
                        Native American communities;
                            (iii) providing assistance to entities 
                        conducting business in reservation communities;
                            (iv) providing technical assistance under 
                        Federal business and entrepreneurial 
                        development programs for which Native 
                        businesses and Native entrepreneurs are 
                        eligible; and
                            (v) managing finances and staff 
                        effectively; and
                    (E) a site description of the location at which the 
                eligible applicant will provide physical workspace, 
                including a description of the technologies, equipment, 
                and other resources that will be available to Native 
                businesses and Native entrepreneurs participating in 
                the business incubator.
            (2) Evaluation considerations.--
                    (A) In general.--In evaluating each application, 
                the Secretary shall consider--
                            (i) the ability of the eligible applicant--
                                    (I) to operate a business incubator 
                                that effectively imparts 
                                entrepreneurship and business skills to 
                                Native businesses and Native 
                                entrepreneurs, as demonstrated by the 
                                experience and qualifications of the 
                                eligible applicant;
                                    (II) to commence providing services 
                                within a minimum period of time, to be 
                                determined by the Secretary; and
                                    (III) to provide quality incubation 
                                services to a significant number of 
                                Native businesses and Native 
                                entrepreneurs;
                            (ii) the experience of the eligible 
                        applicant in providing services in Native 
                        American communities, including in the one or 
                        more reservation communities described in the 
                        application; and
                            (iii) the proposed location of the business 
                        incubator.
                    (B) Priority.--
                            (i) In general.--In evaluating the proposed 
                        location of the business incubator under 
                        subparagraph (A)(iii), the Secretary shall--
                                    (I) consider the program goal of 
                                achieving broad geographic distribution 
                                of business incubators; and
                                    (II) except as provided in clause 
                                (ii), give priority to eligible 
                                applicants that will provide business 
                                incubation services on or near the 
                                reservation of the one or more 
                                communities that were described in the 
                                application.
                            (ii) Exception.--The Secretary may give 
                        priority to an eligible applicant that is not 
                        located on or near the reservation of the one 
                        or more communities that were described in the 
                        application if the Secretary determines that--
                                    (I) the location of the business 
                                incubator will not prevent the eligible 
                                applicant from providing quality 
                                business incubation services to Native 
                                businesses and Native entrepreneurs 
                                from the one or more reservation 
                                communities to be served; and
                                    (II) siting the business incubator 
                                in the identified location will serve 
                                the interests of the one or more 
                                reservation communities to be served.
            (3) Site evaluation.--
                    (A) In general.--Before making a grant to an 
                eligible applicant, the Secretary shall conduct a site 
                visit, evaluate a video submission, or evaluate a 
                written site proposal (if the applicant is not yet in 
                possession of the site) of the proposed site to ensure 
                the proposed site will permit the eligible applicant to 
                meet the requirements of the program.
                    (B) Written site proposal.--A written site proposal 
                shall meet the requirements described in paragraph 
                (1)(E) and contain--
                            (i) sufficient detail for the Secretary to 
                        ensure in the absence of a site visit or video 
                        submission that the proposed site will permit 
                        the eligible applicant to meet the requirements 
                        of the program; and
                            (ii) a timeline describing when the 
                        eligible applicant will be--
                                    (I) in possession of the proposed 
                                site; and
                                    (II) operating the business 
                                incubator at the proposed site.
                    (C) Followup.--Not later than 1 year after awarding 
                a grant to an eligible applicant that submits an 
                application with a written site proposal, the Secretary 
                shall conduct a site visit or evaluate a video 
                submission of the site to ensure the site is consistent 
                with the written site proposal.
    (d) Administration.--
            (1) Duration.--Each grant awarded under the program shall 
        be for a term of 3 years.
            (2) Payment.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the Secretary shall disburse grant funds awarded 
                to an eligible applicant in annual installments.
                    (B) More frequent disbursements.--On request by the 
                applicant, the Secretary may make disbursements of 
                grant funds more frequently than annually, on the 
                condition that disbursements shall be made not more 
                frequently than quarterly.
            (3) Non-federal contributions for initial assistance.--
                    (A) In general.--Except as provided in subparagraph 
                (B), an eligible applicant that receives a grant under 
                the program shall provide non-Federal contributions in 
                an amount equal to not less than 25 percent of the 
                grant amount disbursed each year.
                    (B) Waiver.--The Secretary may waive, in whole or 
                in part, the requirements of subparagraph (A) with 
                respect to an eligible applicant if, after considering 
                the ability of the eligible applicant to provide non-
                Federal contributions, the Secretary determines that--
                            (i) the proposed business incubator will 
                        provide quality business incubation services; 
                        and
                            (ii) the one or more reservation 
                        communities to be served are unlikely to 
                        receive similar services because of remoteness 
                        or other reasons that inhibit the provision of 
                        business and entrepreneurial development 
                        services.
            (4) Renewals.--
                    (A) In general.--The Secretary may renew a grant 
                award under the program for a term not to exceed 3 
                years.
                    (B) Considerations.--In determining whether to 
                renew a grant award, the Secretary shall consider with 
                respect to the eligible applicant--
                            (i) the results of the annual evaluations 
                        of the eligible applicant under subsection 
                        (f)(1);
                            (ii) the performance of the business 
                        incubator of the eligible applicant, as 
                        compared to the performance of other business 
                        incubators receiving assistance under the 
                        program;
                            (iii) whether the eligible applicant 
                        continues to be eligible for the program; and
                            (iv) the evaluation considerations for 
                        initial awards under subsection (c)(2).
                    (C) Non-federal contributions for renewals.--An 
                eligible applicant that receives a grant renewal under 
                subparagraph (A) shall provide non-Federal 
                contributions in an amount equal to not less than 33 
                percent of the total amount of the grant.
            (5) No duplicative grants.--An eligible applicant shall not 
        be awarded a grant under the program that is duplicative of 
        existing Federal funding from another source.
    (e) Program Requirements.--
            (1) Use of funds.--An eligible applicant receiving a grant 
        under the program may use grant amounts--
                    (A) to provide physical workspace and facilities 
                for Native businesses and Native entrepreneurs 
                participating in the business incubator;
                    (B) to establish partnerships with other 
                institutions and entities to provide comprehensive 
                business incubation services to Native businesses and 
                Native entrepreneurs participating in the business 
                incubator; and
                    (C) for any other uses typically associated with 
                business incubators that the Secretary determines to be 
                appropriate and consistent with the purposes of the 
                program.
            (2) Minimum requirements.--Each eligible applicant 
        receiving a grant under the program shall--
                    (A) offer culturally tailored incubation services 
                to Native businesses and Native entrepreneurs;
                    (B) use a competitive process for selecting Native 
                businesses and Native entrepreneurs to participate in 
                the business incubator;
                    (C) provide physical workspace that permits Native 
                businesses and Native entrepreneurs to conduct business 
                and collaborate with other Native businesses and Native 
                entrepreneurs;
                    (D) provide entrepreneurship and business skills 
                training and education to Native businesses and Native 
                entrepreneurs including--
                            (i) financial education, including training 
                        and counseling in--
                                    (I) applying for and securing 
                                business credit and investment capital;
                                    (II) preparing and presenting 
                                financial statements; and
                                    (III) managing cash flow and other 
                                financial operations of a business;
                            (ii) management education, including 
                        training and counseling in planning, 
                        organization, staffing, directing, and 
                        controlling each major activity or function of 
                        a business or startup; and
                            (iii) marketing education, including 
                        training and counseling in--
                                    (I) identifying and segmenting 
                                domestic and international market 
                                opportunities;
                                    (II) preparing and executing 
                                marketing plans;
                                    (III) locating contract 
                                opportunities;
                                    (IV) negotiating contracts; and
                                    (V) using varying public relations 
                                and advertising techniques;
                    (E) provide direct mentorship or assistance finding 
                mentors in the industry in which the Native business or 
                Native entrepreneur operates or intends to operate; and
                    (F) provide access to networks of potential 
                investors, professionals in the same or similar fields, 
                and other business owners with similar businesses.
            (3) Technology.--Each eligible applicant shall leverage 
        technology to the maximum extent practicable to provide Native 
        businesses and Native entrepreneurs with access to the 
        connectivity tools needed to compete and thrive in 21st-century 
        markets.
    (f) Oversight.--
            (1) Annual evaluations.--Not later than 1 year after the 
        date on which the Secretary awards a grant to an eligible 
        applicant under the program, and annually thereafter for the 
        duration of the grant, the Secretary shall conduct an 
        evaluation of the eligible applicant, which shall--
                    (A) describe the performance of the eligible 
                applicant; and
                    (B) be used in determining the ongoing eligibility 
                of the eligible applicant.
            (2) Annual report.--
                    (A) In general.--Not later than 1 year after the 
                date on which the Secretary awards a grant to an 
                eligible applicant under the program, and annually 
                thereafter for the duration of the grant, each eligible 
                applicant receiving an award under the program shall 
                submit to the Secretary a report describing the 
                services the eligible applicant provided under the 
                program during the preceding year.
                    (B) Report content.--The report described in 
                subparagraph (A) shall include--
                            (i) a detailed breakdown of the Native 
                        businesses and Native entrepreneurs receiving 
                        services from the business incubator, 
                        including, for the year covered by the report--
                                    (I) the number of Native businesses 
                                and Native entrepreneurs participating 
                                in or receiving services from the 
                                business incubator and the types of 
                                services provided to those Native 
                                businesses and Native entrepreneurs;
                                    (II) the number of Native 
                                businesses and Native entrepreneurs 
                                established and jobs created or 
                                maintained; and
                                    (III) the performance of Native 
                                businesses and Native entrepreneurs 
                                while participating in the business 
                                incubator and after graduation or 
                                departure from the business incubator; 
                                and
                            (ii) any other information the Secretary 
                        may require to evaluate the performance of a 
                        business incubator to ensure appropriate 
                        implementation of the program.
                    (C) Limitations.--To the maximum extent 
                practicable, the Secretary shall not require an 
                eligible applicant to report under subparagraph (A) 
                information provided to the Secretary by the eligible 
                applicant under other programs.
                    (D) Coordination.--The Secretary shall coordinate 
                with the heads of other Federal agencies to ensure 
                that, to the maximum extent practicable, the report 
                content and form under subparagraphs (A) and (B) are 
                consistent with other reporting requirements for 
                Federal programs that provide business and 
                entrepreneurial assistance.

SEC. 204. SCHOOLS TO BUSINESS INCUBATOR PIPELINE.

    The Secretary shall facilitate the establishment of relationships 
between eligible applicants receiving funds through the program and 
educational institutions serving Native American communities, including 
tribal colleges and universities.

SEC. 205. AGENCY PARTNERSHIPS.

    The Secretary shall coordinate with the Secretary of Agriculture, 
the Secretary of Commerce, the Secretary of the Treasury, and the 
Administrator of the Small Business Administration to ensure, to the 
maximum extent practicable, that business incubators receiving grant 
funds under the program have the information and materials needed to 
provide Native businesses and Native entrepreneurs with the information 
and assistance necessary to apply for business and entrepreneurial 
development programs administered by the Department of Agriculture, the 
Department of Commerce, the Department of the Treasury, and the Small 
Business Administration.

  TITLE III--INDIGENOUS PEOPLES EXCHANGE AND ECONOMIC COOPERATION ACT

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Indigenous Peoples Exchange and 
Economic Cooperation Act''.

SEC. 302. STATEMENT OF POLICY.

    It shall be the policy of the United States to facilitate contacts 
and cooperation, including commercial relationships, between Native 
American tribes and indigenous peoples in the Western Hemisphere.

SEC. 303. DEFINITIONS.

    In this title:
            (1) Native american tribes.--The term ``Native American 
        tribe'' means any federally recognized tribe.
            (2) Indigenous peoples.--The term ``indigenous peoples'' 
        means peoples residing in foreign countries in the Western 
        Hemisphere who have historical ties to a particular territory 
        and are culturally or historically distinct from the 
        politically dominant population.

SEC. 304. STRATEGY.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the President shall submit to the appropriate 
congressional committees a strategy, in consultation with the 
individuals listed in subsection (b), to promote and facilitate--
            (1) cross-investments between Native American tribes and 
        indigenous peoples in tribal businesses and commercial 
        enterprises that involve indigenous peoples, such as 
        sustainable natural resource management, agricultural 
        development, or handicraft production; and
            (2) the development of supply chains for United States 
        entities that include products produced by Native American 
        tribes and indigenous peoples.
    (b) Consultation Required.--The individuals listed in this 
subsection are the following:
            (1) The Secretary of Commerce.
            (2) The Secretary of State.
            (3) The Secretary of the Interior.
            (4) The United States Trade Representative.
            (5) The Administrator and the Advisor for Indigenous 
        Peoples Issues of the United States Agency for International 
        Development.
            (6) The President of the Overseas Private Investment 
        Corporation.
            (7) The Chief Executive Officer of the Millennium Challenge 
        Corporation.
            (8) The President of the Inter-American Foundation.
            (9) Representatives of Native American tribes.
            (10) Representatives of civil society organizations 
        advocating for the rights or interests of indigenous peoples.
    (c) Appropriate Congressional Committees.--In this section, the 
term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Affairs and the Committee on 
        Natural Resources of the House of Representatives; and
            (2) the Committee on Foreign Relations, the Committee on 
        Energy and Natural Resources, and the Committee on Indian 
        Affairs of the Senate.

SEC. 305. UNITED STATES ASSISTANCE TO SUPPORT INDIGENOUS PEOPLES.

    In order to improve the capacity of indigenous peoples to engage in 
and benefit from increased trade and investment relationships, the 
Secretary of State shall--
            (1) consult with--
                    (A) the Administrator of the United States Agency 
                for International Development; and
                    (B) representatives of civil society organizations, 
                especially organizations comprised of or representing 
                the interests of indigenous peoples; and
            (2) provide assistance to countries in the Western 
        Hemisphere in a manner that promotes and facilitates 
        entrepreneurship among indigenous peoples--
                    (A) by strengthening the capacity of civil society 
                organizations and local governments; and
                    (B) by supporting projects involving sustainable 
                natural resource management, agricultural development, 
                and handicraft production.
                                                 Union Calendar No. 869

115th CONGRESS

  2d Session

                               H. R. 4506

                     [Report No. 115-1064, Part I]

_______________________________________________________________________

                                 A BILL

  To provide incentives to encourage tribal job creation and economic 
                   activity, and for other purposes.

_______________________________________________________________________

                           December 28, 2018

     Committees on Foreign Affairs and Education and the Workforce 
discharged; committed to the Committee of the Whole House on the State 
                 of the Union and ordered to be printed