[Congressional Record Volume 164, Number 50 (Thursday, March 22, 2018)]
[Senate]
[Pages S1969-S1972]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           INDIAN COMMUNITY ECONOMIC ENHANCEMENT ACT OF 2017

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 248, S. 1116.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A bill (S. 1116) to amend the Native American Business 
     Development, Trade Promotion, and Tourism Act of 2000, the 
     Buy Indian Act, and the Native American Programs Act of 1974 
     to provide industry and economic development opportunities to 
     Indian communities.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Indian Affairs, with 
amendments, as follows:
  (The part of the bill intended to be stricken are shown in boldface 
brackets and the parts of the bill intended to be inserted are shown in 
italic.)

[[Page S1970]]

  


                                S. 1116

       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 2017''.

     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 capital; 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 and exercise sovereign governmental powers;
       (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 and sustainable 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 available; or
       (ii) may come at a higher cost than such access for other 
     projects;
       (6)(A) Federal capital improvement programs, such as those 
     that facilitate tax-exempt bond financing and loan 
     guarantees, are tools that help improve or replace crumbling 
     infrastructure;
       (B) lack of parity in treatment of an Indian tribe as a 
     governmental entity under Federal tax and certain other 
     regulatory laws impedes, in part, the ability of Indian 
     tribes to raise capital through issuance of tax exempt debt, 
     invest as an accredited investor, and benefit from other 
     investment incentives accorded to State and local 
     governmental entities; and
       (C) as a result of the disparity in treatment of Indian 
     tribes 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 Federal loan guarantee programs 
     available to facilitate financing of business, energy, 
     economic, housing, and community development projects in 
     Indian communities, and those programs may support public-
     private partnerships for infrastructure development, but 
     improvements and support are needed for those programs 
     specific to Indian communities to facilitate more effectively 
     private financing for infrastructure and other urgent 
     development needs; 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 (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.
       ``(3) Office operations.--There are authorized to be 
     appropriated to carry out this section not more than 
     $2,000,000 for each fiscal year.''.
       (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.--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) not less than once every 3 years, 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

[[Page S1971]]

     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 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. 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 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;
       ``(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 by their 
     respective Departments 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, and efforts made by additional agencies 
     within the Secretaries' respective Departments to use the 
     procurement procedures under this Act;
       ``(B) a summary of the types of purchases made from, and 
     contracts (including any relevant modifications, extensions, 
     or renewals) 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 types of alternative procurement methods used, 
     including any Indian owned businesses reported under other 
     procurement goals; 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 or summary 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.
       ``(e) Goals.--Each agency shall establish an annual minimum 
     percentage goal for procurement in compliance with this 
     section.''.

     SEC. 5. 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--
       (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 ``2018 through 2022''.
  Mr. McCONNELL. I ask unanimous consent that the committee-reported

[[Page S1972]]

amendments be withdrawn, the Hoeven substitute amendment at the desk be 
agreed to, and the bill, as amended, be considered read a third time.
  The PRESIDING OFFICER. Is there objection?
  Without objection, it is so ordered.
  The committee-reported amendments were withdrawn.
  The amendment (No. 2224) in the nature of a substitute was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The bill was ordered to be engrossed for a third reading and was read 
the third time.
  Mr. McCONNELL. I know of no further debate on the bill.
  The PRESIDING OFFICER. Is there any further debate?
  If not, the bill having been read the third time, the question is, 
Shall the bill pass?
  The bill (S. 1116), as amended, was passed.
  Mr. McCONNELL. I ask unanimous consent that the motion to reconsider 
be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.

                          ____________________