Home > 106th Congressional Bills > S. 402 (is) For the relief of Alfredo Tolentino of Honolulu, Hawaii. [Introduced in Senate] ...S. 402 (is) For the relief of Alfredo Tolentino of Honolulu, Hawaii. [Introduced in Senate] ...
Calendar No. 269
106th CONGRESS
1st Session
S. 401
[Report No. 106-149]
_______________________________________________________________________
A BILL
To provide for business development and trade promotion for Native
Americans, and for other purposes.
_______________________________________________________________________
September 8, 1999
Reported with an amendment
Calendar No. 269
106th CONGRESS
1st Session
S. 401
[Report No. 106-149]
To provide for business development and trade promotion for Native
Americans, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 10, 1999
Mr. Campbell (for himself, Mr. Inouye, Mr. Wellstone, Mr. Murkowski,
and Mr. Hatch) introduced the following bill; which was read twice and
referred to the Committee on Indian Affairs
September 8, 1999
Reported by Mr. Campbell, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To provide for business development and trade promotion for Native
Americans, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Native American Business
Development, Trade Promotion, and Tourism Act of 1999''.</DELETED>
<DELETED>SEC. 2. FINDINGS; PURPOSES.</DELETED>
<DELETED> (a) Findings.--Congress finds that--</DELETED>
<DELETED> (1) clause 3 of section 8 of article I of the
United States Constitution recognizes the special relationship
between the United States and Indian tribes;</DELETED>
<DELETED> (2) beginning in 1970, with the inauguration by
the Nixon Administration, of the Indian self-determination era
of the Federal Government, each President has confirmed the
special government-to-government relationship between Indian
tribes and the United States;</DELETED>
<DELETED> (3) in 1994, President Clinton issued an Executive
memorandum to the heads of departments and agencies that
obligated all Federal departments and agencies, particularly
those that have an impact on economic development, to evaluate
the potential impacts of their actions on Indian
tribes;</DELETED>
<DELETED> (4) consistent with the principles of inherent
tribal sovereignty and the special relationship between Indian
tribes and the United States, Indian tribes retain the right to
enter into contracts and agreements to trade freely, and seek
enforcement of treaty and trade rights;</DELETED>
<DELETED> (5) Congress has carried out the responsibility of
the United States for the protection and preservation of Indian
tribes and the resources of Indian tribes through the
endorsement of treaties, and the enactment of other laws,
including laws that provide for the exercise of administrative
authorities;</DELETED>
<DELETED> (6) the United States has an obligation to guard
and preserve the sovereignty of Indian tribes in order to
foster strong tribal governments, Indian self-determination,
and economic self-sufficiency among Indian tribes;</DELETED>
<DELETED> (7) the capacity of Indian tribes to build strong
tribal governments and vigorous economies is hindered by the
inability of Indian tribes to engage communities that surround
Indian lands and outside investors in economic activities on
Indian lands;</DELETED>
<DELETED> (8) despite the availability of abundant natural
resources on Indian lands and a rich cultural legacy that
accords great value to self-determination, self-reliance, and
independence, American Indians and Alaska Natives suffer higher
rates of unemployment, poverty, poor health, substandard
housing, and associated social ills than those of any other
group in the United States;</DELETED>
<DELETED> (9) the United States has an obligation to assist
Indian tribes with the creation of appropriate economic and
political conditions with respect to Indian lands to--
</DELETED>
<DELETED> (A) encourage investment from outside
sources that do not originate with the tribes;
and</DELETED>
<DELETED> (B) facilitate economic ventures with
outside entities that are not tribal
entities;</DELETED>
<DELETED> (10) the economic success and material well-being
of American Indian and Alaska Native communities depends on the
combined efforts of the Federal Government, tribal governments,
the private sector, and individuals;</DELETED>
<DELETED> (11) the lack of employment and entrepreneurial
opportunities in the communities referred to in paragraph (8)
has resulted in a multigenerational dependence on Federal
assistance that is--</DELETED>
<DELETED> (A) insufficient to address the magnitude
of needs; and</DELETED>
<DELETED> (B) unreliable in availability;
and</DELETED>
<DELETED> (12) the twin goals of economic self-sufficiency
and political self-determination for American Indians and
Alaska Natives can best be served by making available to
address the challenges faced by those groups--</DELETED>
<DELETED> (A) the resources of the private
market;</DELETED>
<DELETED> (B) adequate capital; and</DELETED>
<DELETED> (C) technical expertise.</DELETED>
<DELETED> (b) Purposes.--The purposes of this Act are as
follows:</DELETED>
<DELETED> (1) To revitalize economically and physically
distressed Indian reservation economies by--</DELETED>
<DELETED> (A) encouraging the formation of new
businesses by eligible entities, the expansion of
existing businesses; and</DELETED>
<DELETED> (B) facilitating the movement of goods to
and from Indian reservations and the provision of
services by Indians.</DELETED>
<DELETED> (2) To promote private investment in the economies
of Indian tribes and to encourage the sustainable development
of resources of Indian tribes and tribal- and Indian-owned
businesses.</DELETED>
<DELETED> (3) To promote the long-range sustained growth of
the economies of Indian tribes.</DELETED>
<DELETED> (4) To raise incomes of Indians in order to reduce
poverty levels and provide the means for achieving a higher
standard of living on Indian reservations.</DELETED>
<DELETED> (5) To encourage intertribal, regional, and
international trade and business development in order to assist
in increasing productivity and the standard of living of
members of Indian tribes and improving the economic self-
sufficiency of the governing bodies of Indian tribes.</DELETED>
<DELETED> (6) To promote economic self-sufficiency and
political self-determination for Indian tribes and members of
Indian tribes.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Board.--The term ``Board'' has the meaning
given that term in the first section of the Act entitled ``To
provide for the establishment, operation, and maintenance of
foreign-trade zones in ports of entry in the United States, to
expedite and encourage foreign commerce, and for other
purposes'', approved June 18, 1934 (19 U.S.C. 81a).</DELETED>
<DELETED> (2) Director.--The term ``Director'' means
Director of Native American Business Development appointed
under section 4(a).</DELETED>
<DELETED> (3) Eligible entity.--The term ``eligible entity''
means an Indian tribe, tribal organization, Indian arts and
crafts organization, tribal enterprise, tribal marketing
cooperative, or Indian-owned business.</DELETED>
<DELETED> (4) Federal agency.--The term ``Federal agency''
means an agency, as that term is defined in section 551(1) of
title 5, United States Code.</DELETED>
<DELETED> (5) Foundation.--The term ``Foundation'' means the
Rural Development Foundation.</DELETED>
<DELETED> (6) Indian.--The term ``Indian'' has the meaning
given that term in section 4(d) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(d)).</DELETED>
<DELETED> (7) Indian arts and crafts organization.--The term
``Indian arts and crafts organization'' has the meaning given
that term under section 2 of the Act of August 27, 1935 (49
Stat. 891, chapter 748; 25 U.S.C. 305a).</DELETED>
<DELETED> (8) Indian goods and services.--The term ``Indian
goods and services'' means--</DELETED>
<DELETED> (A) Indian goods, within the meaning of
section 2 of the Act of August 27, 1935 (commonly known
as the ``Indian Arts and Crafts Act'') (49 Stat. 891,
chapter 748; 25 U.S.C. 305a);</DELETED>
<DELETED> (B) goods produced or originating within
an eligible entity; and</DELETED>
<DELETED> (C) services provided by eligible
entities.</DELETED>
<DELETED> (9) Indian lands.--The term ``Indian lands'' has
the meaning given that term in section 4(4) of the Indian
Gaming Regulatory Act (25 U.S.C. 2703(4)).</DELETED>
<DELETED> (10) Indian-owned business.--The term ``Indian-
owned business'' means an entity organized for the conduct of
trade or commerce with respect to which at least 50 percent of
the property interests of the entity are owned by Indians or
Indian tribes (or a combination thereof).</DELETED>
<DELETED> (11) Indian tribe.--The term ``Indian tribe'' has
the meaning given that term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(e)).</DELETED>
<DELETED> (12) Office.--The term ``Office'' means the Office
of Native American Business Development established under
section 4(a).</DELETED>
<DELETED> (13) Secretary.--The term ``Secretary'' means the
Secretary of Commerce.</DELETED>
<DELETED> (14) Tribal enterprise.--The term ``tribal
enterprise'' means a commercial activity or business managed or
controlled by an Indian tribe.</DELETED>
<DELETED> (15) Tribal marketing cooperative.--The term
``tribal marketing cooperative'' shall have the meaning given
that term by the Secretary, in consultation with the Secretary
of the Interior.</DELETED>
<DELETED> (16) Tribal organization.--The term ``tribal
organization'' has the meaning given that term in section 4(l)
of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450b(l)).</DELETED>
<DELETED>SEC. 4. OFFICE OF NATIVE AMERICAN BUSINESS
DEVELOPMENT.</DELETED>
<DELETED> (a) In General.--</DELETED>
<DELETED> (1) Establishment.--There is established within
the Department of Commerce an office known as the Office of
Native American Business Development.</DELETED>
<DELETED> (2) Director.--The Office shall be headed by a
Director, appointed by the Secretary, whose title shall be the
Director of Native American Business Development. The Director
shall be compensated at a rate not to exceed level V of the
Executive Schedule under section 5316 of title 5, United States
Code.</DELETED>
<DELETED> (b) Duties of the Secretary.--</DELETED>
<DELETED> (1) In general.--The Secretary, acting through the
Director, shall ensure the coordination of Federal programs
that provide assistance, including financial and technical
assistance, to eligible entities for increased business, the
expansion of trade by eligible entities, and economic
development on Indian lands.</DELETED>
<DELETED> (2) Activities.--In carrying out the duties
described in paragraph (1), the Secretary, acting through the
Director, shall ensure the coordination of, or, as appropriate,
carry out--</DELETED>
<DELETED> (A) Federal programs designed to provide
legal, accounting, or financial assistance to eligible
entities;</DELETED>
<DELETED> (B) market surveys;</DELETED>
<DELETED> (C) the development of promotional
materials;</DELETED>
<DELETED> (D) the financing of business development
seminars;</DELETED>
<DELETED> (E) the facilitation of
marketing;</DELETED>
<DELETED> (F) the participation of appropriate
Federal agencies or eligible entities in trade
fairs;</DELETED>
<DELETED> (G) any activity that is not described in
subparagraphs (A) through (F) that is related to the
development of appropriate markets; and</DELETED>
<DELETED> (H) any other activity that the Secretary,
in consultation with the Director, determines to be
appropriate to carry out this section.</DELETED>
<DELETED> (3) Assistance.--In conjunction with the
activities described in paragraph (2), the Secretary, acting
through the Director, shall provide--</DELETED>
<DELETED> (A) financial assistance, technical
assistance, and administrative services to eligible
entities to assist those entities with--</DELETED>
<DELETED> (i) identifying and taking
advantage of business development
opportunities; and</DELETED>
<DELETED> (ii) compliance with appropriate
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