Native Pacific Islanders of America Equity Act
This bill establishes a CHamoru Registry program. It also allows eligible Native CHamoru organizations and Native Northern Marianas organizations to qualify for federal contracting opportunities through their participation in certain small business programs that are administered by the Small Business Administration.
First, the bill establishes a CHamoru Registry program under the Office of the Governor of Guam. The program must keep a database to serve as a genealogy bank to verify Native CHamoru ancestry requirements.
Next, it treats businesses owned by economically disadvantaged Native CHamoru organizations or Native Northern Marianas organizations as socially and economically disadvantaged small businesses for purposes of the Minority Small Business and Capital Ownership Development program, which is commonly known as the 8(a) program. Further, it allows businesses that are owned by Native CHamoru organizations or Native Northern Marianas organizations to participate in the Historically Underutilized Business Zone Empowerment Contracting (HUBZone) program.
The 8(a) program and the HUBZone program each limit competition for certain government contracts to participating small businesses.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6504 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 6504
To require the Governor of Guam to establish a database for verifying
Native CHamoru ancestry, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 25, 2022
Mr. San Nicolas (for himself and Mr. Sablan) 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 Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To require the Governor of Guam to establish a database for verifying
Native CHamoru ancestry, and for other purposes.
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 ``Native Pacific Islanders of America
Equity Act''.
SEC. 2. CHAMORU REGISTRY PROGRAM.
The Organic Act of Guam (48 U.S.C. 1421 et seq.) is amended by
inserting after section 3 the following:
``Sec. 4. (a) There is established under the Office of the Governor
the `CHamoru Registry Program', which shall keep a database to serve as
a genealogy bank to verify Native CHamoru ancestry requirements. The
Governor of Guam shall include in the database the name of any
individual who submits to the Governor of Guam a request to be included
and a copy of the birth certificate of that individual and birth
certificates of direct ancestors that demonstrate that one or more of
the individual's direct ancestors resided on Guam before August 1,
1950.
``(b) Not less than once every 3 years, the Office of Public
Auditor shall audit the database established by subsection (a) to
ensure the accuracy of the database and that the database is in
compliance with the requirements of subsection (a).
``(c)(1) In this section, the term `Native CHamoru' means an
individual who can document that one or more of the individual's direct
ancestors resided on Guam before August 1, 1950.
``(2) No residency or blood quantum amount shall be required for an
individual to qualify as a `Native CHamoru' under paragraph (1).
``(d) The Superior Court of Guam shall have original jurisdiction
over all judicial proceedings with respect to the CHamoru Registry
Program and the database established by subsection (a).''.
SEC. 3. SMALL BUSINESS CONTRACTING FOR NATIVE CHAMORU AND NATIVE
NORTHERN MARIANAS ORGANIZATIONS.
(a) Organizations Defined.--Section 3 of the Small Business Act (15
U.S.C. 632) is amended by adding at the end the following new
subsections:
``(gg) Native CHamoru Organization.--
``(1) In general.--In this Act, the term `Native CHamoru
Organization' means any organization--
``(A) that is a nonprofit corporation that has
filed articles of incorporation with the director (or
the designee thereof) of the Guam Department of Revenue
and Taxation, or any successor agency;
``(B) that is controlled by Native CHamorus (as
defined in section 4 of the Organic Act of Guam); and
``(C) whose business activities will principally
benefit Native CHamorus.
``(2) Rule of construction.--The Administrator shall, to
the extent practicable, determine whether an organization is a
Native CHamoru Organization in the same manner as such
determination is made under section 8(a)(15) with respect to
Native Hawaiian Organizations (as defined in such section).
``(hh) Native Northern Marianas Organization.--
``(1) In general.--In this Act, the term `Native Northern
Marianas Organization' means any organization--
``(A) that is a nonprofit corporation that has
filed articles of incorporation with the secretary (or
the designee thereof) of the Commonwealth of the
Northern Mariana Islands Department of Commerce, or any
successor agency;
``(B) that is controlled by persons of Northern
Marianas descent (as defined in Section 4 of Article 12
of the Constitution of the Commonwealth of the Northern
Mariana Islands); and
``(C) whose business activities will principally
benefit persons of Northern Marianas descent.
``(2) Rule of construction.--The Administrator shall, to
the extent practicable, determine whether an organization is a
Native Northern Marianas Organization in the same manner as
such determination is made under section 8(a)(15) with respect
to Native Hawaiian Organizations (as defined in such
section).''.
(b) Socially and Economically Disadvantaged Small Business
Concern.--Section 8(a)(4) of the Small Business Act (15 U.S.C.
637(a)(4)) is amended--
(1) in subparagraph (A)--
(A) in clause (i)--
(i) in subclause (II), by striking ``or''
at the end;
(ii) in subclause (III), by striking ``or''
at the end; and
(iii) by adding at the end the following
new subclauses:
``(IV) an economically disadvantaged Native CHamoru
Organization, or
``(V) an economically disadvantaged Native Northern
Marianas Organization, or''; and
(B) in clause (ii)--
(i) in subclause (II), by striking ``or''
at the end;
(ii) in subclause (III), by striking the
period at the end and inserting a comma; and
(iii) by adding at the end the following
new subclauses:
``(IV) an economically disadvantaged Native CHamoru
Organization, or
``(V) an economically disadvantaged Native Northern
Marianas Organization.''; and
(2) in subparagraph (B)--
(A) in clause (ii), by striking ``or'' at the end;
(B) in clause (iii), by striking the period at the
end and inserting a comma; and
(C) by adding at the end the following new clauses:
``(iv) Native CHamoru Organizations described in
subparagraph (A)(i)(IV) or subparagraph (A)(ii)(IV), or
``(v) Native Northern Marianas Organizations described in
subparagraph (A)(i)(V) or subparagraph (A)(ii)(V).''.
(c) HUBZone Small Business Concern.--Section 31(b)(2) (15 U.S.C.
657a note) is amended--
(1) in subparagraph (E)(ii), by striking ``or'' at the end;
(2) in subparagraph (F)(iii), by striking the period at the
end and inserting a semicolon; and
(3) by adding at the end the following new subparagraphs:
``(G) a small business concern--
``(i) that is wholly owned by one or more
Native CHamoru Organizations, or by a
corporation that is wholly owned by one or more
Native CHamoru Organizations; or
``(ii) that is owned in part by one or more
Native CHamoru Organizations, or by a
corporation that is wholly owned by one or more
Native CHamoru Organizations, if all other
owners are either United States citizens or
small business concerns; or
``(H) a small business concern--
``(i) that is wholly owned by one or more
Native Northern Marianas Organizations, or by a
corporation that is wholly owned by one or more
Native Northern Marianas Organizations; or
``(ii) that is owned in part by one or more
Native Northern Marianas Organizations, or by a
corporation that is wholly owned by one or more
Native Northern Marianas Organizations, if all
other owners are either United States citizens
or small business concerns.''.
(d) Findings.--Section 2(f)(1)(C) of the Small Business Act (15
U.S.C. 631(f)(1)(C)) is amended by inserting ``Native CHamoru
Organizations, Native Northern Marianas Organizations,'' after ``Native
Hawaiian Organizations,''.
<all>
Introduced in House
Introduced in House
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 Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
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 Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Committee Hearings Held.
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