United States 116th Congress ✓ Enacted · P.L. 116-261 1 R cosponsors

S 212 — Indian Community Economic Enhancement Act of 2020

Last action — Became Public Law No: 116-261.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 24, 2019. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

Upgrade to see the exact probability and what's driving it.

A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Advancing 52% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 R).

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

211 added · 189 removed

Plain-language change summary

The amendment to the bill modifies the text regarding the financing available for various development projects in Indian communities. Specifically, it clarifies that the financing is aimed at facilitating private investment in business, energy, economic, housing, and community development projects, rather than just infrastructure needs. This change is significant as it broadens the scope of financial support, potentially leading to a wider array of development opportunities for Indian Tribes and entrepreneurs.

→
Previous
Latest
[Congressional Bills 116th Congress] [From the U.S.
[116th Congress Public Law 261] [From the U.S.
Government Publishing Office] [S.
Government Publishing Office] [[Page 3305]] INDIAN COMMUNITY ECONOMIC ENHANCEMENT ACT OF 2020 [[Page 134 STAT.
212 Engrossed Amendment House (EAH)] <DOC> In the House of Representatives, U.
3306]] Public Law 116-261 116th Congress An Act To amend the Native American Business Development, Trade Promotion, and Tourism Act of 2000, the Buy Indian Act, and the Native American Programs Act of 1974 to provide industry and economic development opportunities to Indian communities.
S., December 3, 2020.
<<NOTE:
Resolved, That the bill from the Senate (S.
Dec.
212) entitled ``An Act to amend the Native American Business Development, Trade Promotion, and Tourism Act of 2000, the Buy Indian Act, and the Native American Programs Act of 1974 to provide industry and economic development opportunities to Indian communities.'', do pass with the following AMENDMENT:
30, 2020 - [S.
Strike out all after the enacting clause and insert:
212]>> Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, <<NOTE:
SECTION 1.
Indian Community Economic Enhancement Act of 2020.>> SECTION 1.
SHORT TITLE.
<<NOTE:
25 USC 4301 note.>> SHORT TITLE.
FINDINGS.
<<NOTE:
25 USC 4301 note.>> FINDINGS.
and (B) access to private capital for projects in Indian communities-- (i) may not be available;
and (B) access to private capital for projects in Indian communities-- [[Page 134 STAT.
3307]] (i) may not be available;
and (3) by inserting after paragraph (7) (as redesignated by paragraph (1)) the following:
and [[Page 134 STAT.
3308]] (3) by inserting after paragraph (7) (as redesignated by paragraph (1)) the following:
and ``(B) consultation with Indian Tribes regarding the policies, programs, assistance, and activities of the offices and agencies.
and ``(B) <<NOTE:
Consultation.>> consultation with Indian Tribes regarding the policies, programs, assistance, and activities of the offices and agencies.
INDIAN COMMUNITY DEVELOPMENT INITIATIVES.
<<NOTE:
``(a) Interagency Coordination.--Not later than 1 year after the enactment of this section, the Secretary, the Secretary of the Interior, and the Secretary of the Treasury shall coordinate-- ``(1) to develop initiatives that-- ``(A) encourage, promote, and provide education regarding investments in Indian communities through-- ``(i) the loan guarantee program of Bureau of Indian Affairs under section 201 of the Indian Financing Act of 1974 (25 U.S.C.
25 USC 4306a.>> INDIAN COMMUNITY DEVELOPMENT INITIATIVES.
``(a) <<NOTE:
Deadline.>> Interagency Coordination.--Not later than year after the enactment of this section, the Secretary, the Secretary of the Interior, and the Secretary of the Treasury shall coordinate-- ``(1) to develop initiatives that-- ``(A) encourage, promote, and provide education regarding investments in Indian communities through-- [[Page 134 STAT.
3309]] ``(i) the loan guarantee program of Bureau of Indian Affairs under section 201 of the Indian Financing Act of 1974 (25 U.S.C.
``(2) to consult with Indian Tribes and with the Securities and Exchange Commission to study, and collaborate to establish, regulatory changes necessary to qualify an Indian Tribe as an accredited investor for the purposes of sections 230.500 through 230.508 of title 17, Code of Federal Regulations (or successor regulations), consistent with the goals of promoting capital formation and ensuring qualifying Indian Tribes have the ability to withstand investment loss, on a basis comparable to other legal entities that qualify as accredited investors who are not natural persons;
``(2) <<NOTE:
Consultation.
Study.>> to consult with Indian Tribes and with the Securities and Exchange Commission to study, and collaborate to establish, regulatory changes necessary to qualify an Indian Tribe as an accredited investor for the purposes of sections 230.500 through 230.508 of title 17, Code of Federal Regulations (or successor regulations), consistent with the goals of promoting capital formation and ensuring qualifying Indian Tribes have the ability to withstand investment loss, on a basis comparable to other legal entities that qualify as accredited investors who are not natural persons;
``(4) to ensure consultation with Indian Tribes regarding increasing investment in Indian communities and the development of the report required in paragraph (5);
``(4) <<NOTE:
and ``(5) not less than once every 2 years, to provide a report to Congress regarding-- ``(A) improvements to Indian communities resulting from such initiatives and recommendations for promoting sustained growth of the Tribal economies;
Consultation.>> to ensure consultation with Indian Tribes regarding increasing investment in Indian communities and the development of the report required in paragraph (5);
and ``(5) <<NOTE:
Time period.
Reports.>> not less than once every 2 years, to provide a report to Congress regarding-- ``(A) <<NOTE:
Recommenda- tions.>> improvements to Indian communities resulting from such initiatives and recommendations for promoting sustained growth of the Tribal economies;
``(b) Waiver.--For assistance provided pursuant to section 108 of the Community Development Banking and Financial Institutions Act of (12 U.S.C.
``(b) Waiver.--For assistance provided pursuant to section 108 of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C.
``(c) Indian Economic Development Feasibility Study.-- ``(1) In general.--The Government Accountability Office shall conduct a study and, not later than 18 months after the date of enactment of this subsection, submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report on the findings of the study and recommendations.
``(c) Indian Economic Development Feasibility Study.-- ``(1) <<NOTE:
``(2) Contents.--The study shall include an assessment of each of the following:
Deadline.
Recommenda- tions.>> In general.-- The Government Accountability Office shall conduct a study and, not later than 18 months after the date of enactment of this subsection, submit to the Committee on Indian Affairs of the Senate and the Committee [[Page 134 STAT.
3310]] on Natural Resources of the House of Representatives a report on the findings of the study and recommendations.
``(2) <<NOTE:
Assessments.>> Contents.--The study shall include an assessment of each of the following:
For each of the Federal programs and services identified, the study shall assess the current use and demand by Indian Tribes, individuals, businesses, and communities of the programs, the capital needs of Indian Tribes, businesses, and communities related to economic development, the extent to which the programs and services overlap or are duplicative, and the extent that similar programs have been used to assist non- Indian communities compared to the extent used for Indian communities.
For each of the Federal programs and services identified, the study shall assess the current use and demand by Indian Tribes, individuals, businesses, and communities of the programs, the capital needs of Indian Tribes, businesses, and communities related to economic development, the extent to which the programs and services overlap or are duplicative, and the extent that similar programs have been used to assist non-Indian communities compared to the extent used for Indian communities.
Show all 103 changed rows (63 more)
Previous
Latest
4301 et seq.) is amended-- (1) in section 3-- (A) in each of paragraphs (1), (4), and (8), by striking ``tribe'' and inserting ``Tribe'';
4301 et seq.) is amended-- (1) <<NOTE:
and (B) in paragraph (6), by striking ``The term `Indian tribe' has the meaning given that term'' and inserting ``The term `Indian Tribe' has the meaning given the term `Indian tribe''';
25 USC 4302.>> in section 3-- [[Page 134 STAT.
(2) by striking ``tribes'' each place the term appears and inserting ``Tribes'';
3311]] (A) in each of paragraphs (1), (4), and (8), by striking ``tribe'' and inserting ``Tribe'';
and (3) by striking ``tribal'' each place the term appears and inserting ``Tribal''.
and (B) in paragraph (6), by striking ``The term `Indian tribe' has the meaning given that term'' and inserting ``The term `Indian Tribe' has the meaning given the term `Indian tribe' '';
(2) <<NOTE:
25 USC 4301-4305.>> by striking ``tribes'' each place the term appears and inserting ``Tribes'';
and (3) <<NOTE:
25 USC 4301, 4302, 4305.>> by striking ``tribal'' each place the term appears and inserting ``Tribal''.
PARTICIPATION IN MENTOR-PROTEGE PROGRAM.
PARTICIPATION IN MENTOR- PROTEGE PROGRAM.
``(c) Implementation.--In carrying out this section, the Secretaries shall-- ``(1) conduct outreach to Indian industrial entities;
[[Page 134 STAT.
3312]] ``(c) Implementation.--In carrying out this section, the Secretaries shall-- ``(1) conduct outreach to Indian industrial entities;
``(3) promulgate regulations in accordance with this section and with the regulations under part 1480 of title 48, Code of Federal Regulations (or successor regulations), to harmonize the procurement procedures of the Department of the Interior and the Department of Health and Human Services, to the maximum extent practicable;
``(3) <<NOTE:
``(4) require regional offices of the Bureau of Indian Affairs and the Indian Health Service to aggregate data regarding compliance with this section;
Regulations.>> promulgate regulations in accordance with this section and with the regulations under part of title 48, Code of Federal Regulations (or successor regulations), to harmonize the procurement procedures of the Department of the Interior and the Department of Health and Human Services, to the maximum extent practicable;
``(5) require procurement management reviews by their respective Departments to include a review of the implementation of this section;
``(4) <<NOTE:
and ``(6) consult with Indian Tribes, Indian industrial entities, and other stakeholders regarding methods to facilitate compliance with-- ``(A) this section;
Data.>> require regional offices of the Bureau of Indian Affairs and the Indian Health Service to aggregate data regarding compliance with this section;
``(5) <<NOTE:
Reviews.>> require procurement management reviews by their respective Departments to include a review of the implementation of this section;
and ``(6) <<NOTE:
Consultation.>> consult with Indian Tribes, Indian industrial entities, and other stakeholders regarding methods to facilitate compliance with-- ``(A) this section;
``(d) Report.-- ``(1) In general.--Not later than 1 year after the date of enactment of this section, and not less frequently than once every 2 years thereafter, each of the Secretaries shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report describing, during the period covered by the report, the implementation of this section by each of the respective Secretaries.
``(d) Report.-- ``(1) <<NOTE:
Time period.>> In general.--Not later than 1 year after the date of enactment of this section, and not less frequently than once every 2 years thereafter, each of the Secretaries shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report describing, during the period covered by the report, the implementation of this section by each of the respective Secretaries.
``(B) a summary of the types of purchases made from, and contracts (including any relevant modifications, extensions, or renewals) awarded to, Indian economic enterprises, expressed by agency region;
``(B) <<NOTE:
Summary.>> a summary of the types of purchases made from, and contracts (including any relevant modifications, extensions, or renewals) awarded to, Indian economic enterprises, expressed by agency region;
``(E) a summary of all deviations granted under section 1480.403 of title 48, Code of Federal Regulations (or successor regulations), including a description of-- ``(i) the types of alternative procurement methods used, including any Indian owned businesses reported under other procurement goals;
``(E) <<NOTE:
Summary.>> a summary of all deviations granted under section 1480.403 of title 48, Code of Federal Regulations (or successor regulations), including a description of-- ``(i) the types of alternative procurement methods used, including any Indian owned businesses reported under other procurement goals;
``(F) a summary of all determinations made to provide awards to Indian economic enterprises, including a description of the dollar value of the awards;
[[Page 134 STAT.
``(G) a description or summary of the total number and value of all purchases of, and contracts awarded for, supplies, services, and construction (including the percentage increase or decrease, as compared to the preceding fiscal year) from-- ``(i) Indian economic enterprises;
3313]] ``(F) <<NOTE:
Summary.>> a summary of all determinations made to provide awards to Indian economic enterprises, including a description of the dollar value of the awards;
``(G) <<NOTE:
Summary.>> a description or summary of the total number and value of all purchases of, and contracts awarded for, supplies, services, and construction (including the percentage increase or decrease, as compared to the preceding fiscal year) from-- ``(i) Indian economic enterprises;
``(H) any administrative, procedural, legal, or other barriers to achieving the purposes of this section, together with recommendations for legislative or administrative actions to address those barriers;
``(H) <<NOTE:
Recommenda- tions.>> any administrative, procedural, legal, or other barriers to achieving the purposes of this section, together with recommendations for legislative or administrative actions to address those barriers;
2991c) is amended-- (1) in the matter preceding paragraph (1), by striking ``The Commissioner'' and inserting the following:
2991c) is amended-- [[Page 134 STAT.
3314]] (1) in the matter preceding paragraph (1), by striking ``The Commissioner'' and inserting the following:
2991 et seq.) is amended-- (1) by striking ``tribe'' each place the term appears and inserting ``Tribe'';
2991 et seq.) is amended-- (1) <<NOTE:
(2) by striking ``tribes'' each place the term appears and inserting ``Tribes'';
42 USC 2991b, 2991b-3, 2992c.>> by striking ``tribe'' each place the term appears and inserting ``Tribe'';
and (3) by striking ``tribal'' each place the term appears and inserting ``Tribal''.
(2) <<NOTE:
Attest:
42 USC 2991b, 2991b-3.>> by striking ``tribes'' each place the term appears and inserting ``Tribes'';
Clerk.
and (3) <<NOTE:
116th CONGRESS 2d Session S.
42 USC 2991b, 2991b-2, 2991b-3.>> by striking ``tribal'' each place the term appears and inserting ``Tribal''.
212 _______________________________________________________________________ AMENDMENT
Approved December 30, 2020.
LEGISLATIVE HISTORY--S.
212:
--------------------------------------------------------------------------- HOUSE REPORTS:
No.
116-605, Pt.
1 (Comm.
on Natural Resources).
SENATE REPORTS:
No.
116-28 (Comm.
on Indian Affairs).
CONGRESSIONAL RECORD:
Vol.
165 (2019):
June 27, considered and passed Senate.
Vol.
166 (2020):
Dec.
3, considered and passed House, amended.
Dec.
17, Senate concurred in House amendment.
<all>
⬇ Download PDF
View plain text versions (8)

Action History

  1. Introduced in Senate

  2. Read twice and referred to the Committee on Indian Affairs.

  3. Committee on Indian Affairs. Ordered to be reported without amendment favorably.

  4. Committee on Indian Affairs. Reported by Senator Hoeven without amendment. With written report No. 116-28.

  5. Committee on Indian Affairs. Reported by Senator Hoeven without amendment. With written report No. 116-28.

  6. Placed on Senate Legislative Calendar under General Orders. Calendar No. 63.

  7. Measure laid before Senate by unanimous consent. (consideration: CR S4649-4652)

  8. Passed/agreed to in Senate: Passed Senate with an amendment by Voice Vote.(text: CR S4650-4652)

  9. Passed Senate with an amendment by Voice Vote. (text: CR S4650-4652)

  10. Message on Senate action sent to the House.

  11. Received in the House.

  12. Referred to the Committee on Natural Resources, and in addition to the Committee on Education and Labor, 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.

  13. Referred to the Committee on Natural Resources, and in addition to the Committee on Education and Labor, 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.

  14. Referred to the Subcommittee for Indigenous Peoples of the United States.

  15. Subcommittee for Indigenous Peoples of the United States Discharged.

  16. Committee Consideration and Mark-up Session Held.

  17. Ordered to be Reported by Unanimous Consent.

  18. Reported by the Committee on Natural Resources. H. Rept. 116-605, Part I.

  19. Reported by the Committee on Natural Resources. H. Rept. 116-605, Part I.

  20. Committee on Education and Labor discharged.

  21. Committee on Education and Labor discharged.

  22. Placed on the Union Calendar, Calendar No. 498.

  23. Mr. Case moved to suspend the rules and pass the bill, as amended.

  24. Considered under suspension of the rules. (consideration: CR H6099-6102)

  25. DEBATE - The House proceeded with forty minutes of debate on S. 212.

  26. Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H6099-6101)

  27. On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H6099-6101)

  28. Motion to reconsider laid on the table Agreed to without objection.

  29. Message on House action received in Senate and at desk: House amendment to Senate bill.

  30. Resolving differences -- Senate actions: Senate agreed to the House amendment to S. 212 by Voice Vote.

  31. Senate agreed to the House amendment to S. 212 by Voice Vote. (consideration: CR S7586)

  32. Message on Senate action sent to the House.

  33. Presented to President.

  34. Presented to President.

  35. Signed by President.

  36. Signed by President.

  37. Became Public Law No: 116-261.

  38. Became Public Law No: 116-261.

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

Show all 546 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

finance housing labor agriculture
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors S 212?
S 212 is sponsored by Hoeven, John (Republican).
What is the current status of S 212?
This bill has been enacted into law. Introduced January 24, 2019. Enacted.
Where can I track S 212?
Track S 212 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on S 212

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of S 212

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →