Native Chamorro Equity Act

I 116TH CONGRESS 2D SESSION H. R. 7986 To provide for contracting with Native Chamorro Organizations, and for other purposes. IN THE HOUSE OF REPRESENTATIVES AUGUST 7, 2020 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 Chamorro 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 Chamorro Eq- 4 uity Act’’. 5 SEC. 2. CHAMORRO 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 00:49 Aug 29, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H7986.IH H7986 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 7986 IH ‘‘SEC. 4. (a) There is established under the Depart- 1 ment of Chamorro Affairs the ‘Chamorro Registry Pro- 2 gram’ which shall keep a database to serve as a genealogy 3 bank to verify Native Chamorro ancestry requirements. 4 The President of the Department of Chamorro Affairs 5 shall include in the database the name of any individual 6 who submits to that President a request to be included 7 and a copy of that individual’s birth certificate and direct 8 ancestors birth certificates that demonstrate that one or 9 more of the individual’s direct ancestors resided on Guam 10 before August 1, 1950. 11 ‘‘(b)(1) In this section, the term ‘Native Chamorro’ 12 means an individual who can document that one or more 13 of the individual’s direct ancestors resided on Guam before 14 August 1, 1950. 15 ‘‘(2) No residency or blood quantum amount shall be 16 required for an individual to qualify as a ‘Native 17 Chammoro’ under paragraph (1).’’. 18 SEC. 3. SMALL BUSINESS CONTRACTING FOR NATIVE 19 CHAMORRO ORGANIZATIONS. 20 (a) NATIVE CHAMORRO ORGANIZATION DEFINED.— 21 Section 3 of the Small Business Act (15 U.S.C. 632) is 22 amended by adding at the end the following new sub- 23 section: 24 ‘‘(ff) NATIVE CHAMORRO ORGANIZATION.— 25 VerDate Sep 11 2014 00:49 Aug 29, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H7986.IH H7986 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 7986 IH ‘‘(1) IN GENERAL.—In this Act, the term ‘Na- 1 tive Chamorro Organization’ means any organiza- 2 tion— 3 ‘‘(A) that is a nonprofit corporation that 4 has filed articles of incorporation with the di- 5 rector (or the designee thereof) of the Guam 6 Department of Revenue and Taxation, or any 7 successor agency; 8 ‘‘(B) that is controlled by Native 9 Chamorros; and 10 ‘‘(C) whose business activities will prin- 11 cipally benefit Native Chamorros. 12 ‘‘(2) RULE OF CONSTRUCTION.—The Adminis- 13 trator shall, to the extent practicable, determine 14 whether an organization is a Native Chamorro Orga- 15 nization in the same manner as such determination 16 is made under section 8(a)(15) with respect to Na- 17 tive Hawaiian Organizations.’’. 18 (b) SOCIALLY AND ECONOMICALLY DISADVANTAGED 19 SMALL BUSINESS CONCERN.—Section 8(a)(4) of the 20 Small Business Act (15 U.S.C. 637(a)(4)) is amended— 21 (1) in subparagraph (A)— 22 (A) in clause (i)— 23 (i) in subclause (II), by striking ‘‘or’’ 24 at the end; and 25 VerDate Sep 11 2014 00:49 Aug 29, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H7986.IH H7986 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 7986 IH (ii) by adding at the end the following 1 new subclause: 2 ‘‘(IV) an economically disadvantaged Na- 3 tive Chamorro Organization, or’’; and 4 (B) in clause (ii)— 5 (i) in subclause (II), by striking ‘‘or’’ 6 at the end; 7 (ii) in subclause (III), by striking the 8 period at the end and inserting ‘‘, or’’; and 9 (iii) by adding at the end the fol- 10 lowing new subclause: 11 ‘‘(IV) an economically disadvantaged Na- 12 tive Chamorro Organization.’’; and 13 (2) in subparagraph (B)— 14 (A) in clause (ii), by striking ‘‘or’’ at the 15 end; 16 (B) in clause (iii), by striking the period at 17 the end and inserting ‘‘, or’’; and 18 (C) by adding at the end the following new 19 clause: 20 ‘‘(iv) Native Chamorro Organizations described 21 in subparagraph (A)(i)(IV) or subparagraph 22 (A)(ii)(IV).’’. 23 (c) HUBZONE SMALL BUSINESS CONCERN.—Sec- 24 tion 31(b)(2) (15 U.S.C. 657a note) is amended— 25 VerDate Sep 11 2014 00:49 Aug 29, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H7986.IH H7986 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 7986 IH (1) in subparagraph (E)(ii), by striking ‘‘or’’ at 1 the end; 2 (2) in subparagraph (F)(iii), by striking the pe- 3 riod at the end and inserting ‘‘; or’’; and 4 (3) by adding at the end the following new sub- 5 paragraph: 6 ‘‘(G) a small business concern— 7 ‘‘(i) that is wholly owned by one or 8 more Native Chamorro Organizations, or 9 by a corporation that is wholly owned by 10 one or more Native Chamorro Organiza- 11 tions; or 12 ‘‘(ii) that is owned in part by one or 13 more Native Chamorro Organizations, or 14 by a corporation that is wholly owned by 15 one or more Native Chamorro Organiza- 16 tions, if all other owners are either United 17 States citizens or small business con- 18 cerns.’’. 19 (d) FINDINGS.—Section 2(f)(1)(C) of the Small Busi- 20 ness Act (15 U.S.C. 631(f)(1)(C)) is amended by inserting 21 ‘‘Native Chamorro Organizations,’’ after ‘‘Native Hawai- 22 ian Organizations,’’. 23 Æ VerDate Sep 11 2014 00:49 Aug 29, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H7986.IH H7986 pamtmann on DSKBC07HB2PROD with BILLS