Native CHamoru Equity Act

I 117TH CONGRESS 1ST SESSION H. R. 4102 To provide for contracting with Native CHamoru Organizations, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 23, 2021 Mr. SAN NICOLAS 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 Speak- er, in each case for consideration of such provisions as fall within the ju- risdiction of the committee concerned A BILL To provide for contracting with Native CHamoru Organizations, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Native CHamoru Eq- 4 uity Act’’. 5 SEC. 2. CHAMORU REGISTRY PROGRAM. 6 The Organic Act of Guam (48 U.S.C. 1421 et seq.) 7 is amended by inserting after section 3 the following: 8 VerDate Sep 11 2014 01:48 Jul 10, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4102.IH H4102 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 4102 IH ‘‘SEC. 4. (a) There is established under the Office of 1 the Governor the ‘CHamoru Registry Program’, which 2 shall keep a database to serve as a genealogy bank to 3 verify Native CHamoru ancestry requirements. The Gov- 4 ernor of Guam shall include in the database the name of 5 any individual who submits to the Governor of Guam a 6 request to be included and a copy of the birth certificate 7 of that individual and birth certificates of direct ancestors 8 that demonstrate that one or more of the individual’s di- 9 rect ancestors resided on Guam before August 1, 1950. 10 ‘‘(b) Not less than once every 3 years, the Office of 11 Public Auditor shall audit the database established by sub- 12 section (a) to ensure the accuracy of the database and that 13 the database is in compliance with the requirements of 14 subsection (a). 15 ‘‘(c)(1) In this section, the term ‘Native CHamoru’ 16 means an individual who can document that one or more 17 of the individual’s direct ancestors resided on Guam before 18 August 1, 1950. 19 ‘‘(2) No residency or blood quantum amount shall be 20 required for an individual to qualify as a ‘Native 21 CHamoru’ under paragraph (1). 22 ‘‘(d) The Superior Court of Guam shall have original 23 jurisdiction over all judicial proceedings with respect to 24 VerDate Sep 11 2014 01:48 Jul 10, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4102.IH H4102 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 4102 IH the CHamoru Registry Program and the database estab- 1 lished by subsection (a).’’. 2 SEC. 3. SMALL BUSINESS CONTRACTING FOR NATIVE 3 CHAMORU ORGANIZATIONS. 4 (a) NATIVE CHAMORU ORGANIZATION DEFINED.— 5 Section 3 of the Small Business Act (15 U.S.C. 632) is 6 amended by adding at the end the following new sub- 7 section: 8 ‘‘(gg) NATIVE CHAMORU ORGANIZATION.— 9 ‘‘(1) IN GENERAL.—In this Act, the term ‘Na- 10 tive CHamoru Organization’ means any organiza- 11 tion— 12 ‘‘(A) that is a nonprofit corporation that 13 has filed articles of incorporation with the di- 14 rector (or the designee thereof) of the Guam 15 Department of Revenue and Taxation, or any 16 successor agency; 17 ‘‘(B) that is controlled by Native 18 CHamorus; and 19 ‘‘(C) whose business activities will prin- 20 cipally benefit Native CHamorus. 21 ‘‘(2) RULE OF CONSTRUCTION.—The Adminis- 22 trator shall, to the extent practicable, determine 23 whether an organization is a Native CHamoru Orga- 24 nization in the same manner as such determination 25 VerDate Sep 11 2014 01:48 Jul 10, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4102.IH H4102 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 4102 IH is made under section 8(a)(15) with respect to Na- 1 tive Hawaiian Organizations.’’. 2 (b) SOCIALLY AND ECONOMICALLY DISADVANTAGED 3 SMALL BUSINESS CONCERN.—Section 8(a)(4) of the 4 Small Business Act (15 U.S.C. 637(a)(4)) is amended— 5 (1) in subparagraph (A)— 6 (A) in clause (i)— 7 (i) in subclause (II), by striking ‘‘or’’ 8 at the end; and 9 (ii) by adding at the end the following 10 new subclause: 11 ‘‘(IV) an economically disadvantaged Na- 12 tive CHamoru Organization, or’’; and 13 (B) in clause (ii)— 14 (i) in subclause (II), by striking ‘‘or’’ 15 at the end; 16 (ii) in subclause (III), by striking the 17 period at the end and inserting ‘‘, or’’; and 18 (iii) by adding at the end the fol- 19 lowing new subclause: 20 ‘‘(IV) an economically disadvantaged Na- 21 tive CHamoru Organization.’’; and 22 (2) in subparagraph (B)— 23 (A) in clause (ii), by striking ‘‘or’’ at the 24 end; 25 VerDate Sep 11 2014 01:48 Jul 10, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4102.IH H4102 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 4102 IH (B) in clause (iii), by striking the period at 1 the end and inserting ‘‘, or’’; and 2 (C) by adding at the end the following new 3 clause: 4 ‘‘(iv) Native CHamoru Organizations described 5 in subparagraph (A)(i)(IV) or subparagraph 6 (A)(ii)(IV).’’. 7 (c) HUBZONE SMALL BUSINESS CONCERN.—Sec- 8 tion 31(b)(2) (15 U.S.C. 657a note) is amended— 9 (1) in subparagraph (E)(ii), by striking ‘‘or’’ at 10 the end; 11 (2) in subparagraph (F)(iii), by striking the pe- 12 riod at the end and inserting ‘‘; or’’; and 13 (3) by adding at the end the following new sub- 14 paragraph: 15 ‘‘(G) a small business concern— 16 ‘‘(i) that is wholly owned by one or 17 more Native CHamoru Organizations, or 18 by a corporation that is wholly owned by 19 one or more Native CHamoru Organiza- 20 tions; or 21 ‘‘(ii) that is owned in part by one or 22 more Native CHamoru Organizations, or 23 by a corporation that is wholly owned by 24 one or more Native CHamoru Organiza- 25 VerDate Sep 11 2014 01:48 Jul 10, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4102.IH H4102 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 4102 IH tions, if all other owners are either United 1 States citizens or small business con- 2 cerns.’’. 3 (d) FINDINGS.—Section 2(f)(1)(C) of the Small Busi- 4 ness Act (15 U.S.C. 631(f)(1)(C)) is amended by inserting 5 ‘‘Native CHamoru Organizations,’’ after ‘‘Native Hawai- 6 ian Organizations,’’. 7 Æ VerDate Sep 11 2014 01:48 Jul 10, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H4102.IH H4102 kjohnson on DSK79L0C42PROD with BILLS