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] ...


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                                                       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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