117 HR 6504 IH: Native Pacific Islanders of America Equity Act
U.S. House of Representatives
2022-01-25
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I
117th CONGRESS
2d Session
H. R. 6504
IN THE HOUSE OF REPRESENTATIVES
January 25, 2022
Mr. San Nicolas (for himself and Mr. Sablan) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Small Business, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
A BILL
To require the Governor of Guam to establish a database for verifying Native CHamoru ancestry, and for other purposes.
1.

Short title
This Act may be cited as the “Native Pacific Islanders of America Equity Act”.
2.

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

Small business contracting for Native CHamoru and Native Northern Marianas Organizations
(a)

Organizations defined
Section 3 of the Small Business Act (15 U.S.C. 632) is amended by adding at the end the following new subsections:
“(gg)

Native CHamoru Organization
(1)

In general
In this Act, the term Native CHamoru Organization means any organization—
(A)
that is a nonprofit corporation that has filed articles of incorporation with the director (or the designee thereof) of the Guam Department of Revenue and Taxation, or any successor agency;
(B)
that is controlled by Native CHamorus (as defined in section 4 of the Organic Act of Guam); and
(C)
whose business activities will principally benefit Native CHamorus.
(2)

Rule of construction
The Administrator shall, to the extent practicable, determine whether an organization is a Native CHamoru Organization in the same manner as such determination is made under section 8(a)(15) with respect to Native Hawaiian Organizations (as defined in such section).
(hh)

Native Northern Marianas Organization
(1)

In general
In this Act, the term Native Northern Marianas Organization means any organization—
(A)
that is a nonprofit corporation that has filed articles of incorporation with the secretary (or the designee thereof) of the Commonwealth of the Northern Mariana Islands Department of Commerce, or any successor agency;
(B)
that is controlled by persons of Northern Marianas descent (as defined in Section 4 of Article 12 of the Constitution of the Commonwealth of the Northern Mariana Islands); and
(C)
whose business activities will principally benefit persons of Northern Marianas descent.
(2)

Rule of construction
The Administrator shall, to the extent practicable, determine whether an organization is a Native Northern Marianas Organization in the same manner as such determination is made under section 8(a)(15) with respect to Native Hawaiian Organizations (as defined in such section).”.
(b)

Socially and economically disadvantaged small business concern
Section 8(a)(4) of the Small Business Act (15 U.S.C. 637(a)(4)) is amended—
(1)
in subparagraph (A)—
(A)
in clause (i)—
(i)
in subclause (II), by striking “or” at the end;
(ii)
in subclause (III), by striking “or” at the end; and
(iii)
by adding at the end the following new subclauses:
“(IV)
an economically disadvantaged Native CHamoru Organization, or
(V)
an economically disadvantaged Native Northern Marianas Organization, or”; and
(B)
in clause (ii)—
(i)
in subclause (II), by striking “or” at the end;
(ii)
in subclause (III), by striking the period at the end and inserting a comma; and
(iii)
by adding at the end the following new subclauses:
“(IV)
an economically disadvantaged Native CHamoru Organization, or
(V)
an economically disadvantaged Native Northern Marianas Organization.”; and
(2)
in subparagraph (B)—
(A)
in clause (ii), by striking “or” at the end;
(B)
in clause (iii), by striking the period at the end and inserting a comma; and
(C)
by adding at the end the following new clauses:
“(iv)
Native CHamoru Organizations described in subparagraph (A)(i)(IV) or subparagraph (A)(ii)(IV), or
(v)
Native Northern Marianas Organizations described in subparagraph (A)(i)(V) or subparagraph (A)(ii)(V).”.
(c)

HUBZone small business concern
Section 31(b)(2) (15 U.S.C. 657a note) is amended—
(1)
in subparagraph (E)(ii), by striking “or” at the end;
(2)
in subparagraph (F)(iii), by striking the period at the end and inserting a semicolon; and
(3)
by adding at the end the following new subparagraphs:
“(G)
a small business concern—
(i)
that is wholly owned by one or more Native CHamoru Organizations, or by a corporation that is wholly owned by one or more Native CHamoru Organizations; or
(ii)
that is owned in part by one or more Native CHamoru Organizations, or by a corporation that is wholly owned by one or more Native CHamoru Organizations, if all other owners are either United States citizens or small business concerns; or
(H)
a small business concern—
(i)
that is wholly owned by one or more Native Northern Marianas Organizations, or by a corporation that is wholly owned by one or more Native Northern Marianas Organizations; or
(ii)
that is owned in part by one or more Native Northern Marianas Organizations, or by a corporation that is wholly owned by one or more Native Northern Marianas Organizations, if all other owners are either United States citizens or small business concerns.”.
(d)

Findings
Section 2(f)(1)(C) of the Small Business Act (15 U.S.C. 631(f)(1)(C)) is amended by inserting “Native CHamoru Organizations, Native Northern Marianas Organizations,” after “Native Hawaiian Organizations,”.