Native American Entrepreneurial Opportunity Act (Feb. 2024)
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- Crpt 118Hrpt394
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- Crpt 118Hrpt394
Summary
House Report 118–394 of the 118th Congress, 2d Session, submitted February 23, 2024 by Mr. Williams of Texas from the Committee on Small Business to accompany H.R. 7102, the Native American Entrepreneurial Opportunity Act. The Committee reports the bill favorably without amendment; the bill would codify the Office of Native American Affairs within the Small Business Administration. The report states the bill was introduced January 29, 2024, and ordered reported at a January 31, 2024 markup with no amendments offered. A section-by-section analysis describes the office's duties, an annual report to Congress and a CUTGO compliance section, and the changes in existing law show a new Sec. 49 of the Small Business Act terminating seven years after enactment. The report closes with Minority Views signed by Ranking Member Nydia M. Velázquez.
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118TH CONGRESS REPORT
" HOUSE OF REPRESENTATIVES !
2d Session 118–394
NATIVE AMERICAN ENTREPRENEURIAL
OPPORTUNITY ACT
FEBRUARY 23, 2024.—Committed to the Committee of the Whole House on the State
of the Union and ordered to be printed
Mr. WILLIAMS of Texas, from the Committee on Small Business,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 7102]
The Committee on Small Business, to whom was referred the bill
(H.R. 7102) to establish an Office of Native American Affairs with-
in the Small Business Administration, and for other purposes, hav-
ing considered the same, reports favorably thereon without amend-
ment and recommends that the bill do pass.
CONTENTS
Page
I. Purpose and Bill Summary ........................................................................ 2
II. Need for Legislation .................................................................................... 2
III. Hearings ....................................................................................................... 2
IV. Committee Consideration ........................................................................... 2
V. Committee Votes ......................................................................................... 2
VI. Section-by-Section of H.R. 7102 ................................................................. 5
VII. Congressional Budget Office Cost Estimate ............................................. 5
VIII. New Budget Authority, Entitlement Authority, and Tax Expenditures 5
IX. Oversight Findings & Recommendations .................................................. 5
X. Performance Goals and Objectives ............................................................ 5
XI. Statement of Duplication of Federal Programs ........................................ 6
XII. Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits ..................................................................................................... 6
XIII. Federal Mandates Statement ..................................................................... 6
XIV. Federal Advisory Committee Statement ................................................... 6
XV. Applicability to Legislative Branch ........................................................... 6
XVI. Statement of Constitutional Authority ...................................................... 6
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XVII. Changes in Existing Law Made by the Bill, As Reported ....................... 6
XVIII. Minority Views ............................................................................................ 9
49–006
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I. PURPOSE AND BILL SUMMARY
On January 29, 2024, Rep. Davids and Rep. Crane introduced
H.R. 7102. The purpose of H.R. 7102, the ‘‘Native American Entre-
preneurial Opportunity Act,’’ is to provide statutory codification for
the Office of Native American Affairs within the U.S. Small Busi-
ness Administration (SBA). In doing so, Congress will be able to
provide better oversight into the activities and effectiveness of the
office.
II. NEED FOR LEGISLATION
The SBA’s Office of Native American Affairs has been providing
services to Indian Tribes and Native Hawaiian Organizations for
decades. This bill will codify the office within statute, better out-
lining the roles and responsibilities of the office. It will also require
a report to Congress on the activities of the office.
III. HEARINGS
In the 118th Congress, the Committee held one hearing exam-
ining the issues covered in H.R. 7102. On June 13, 2023, the Com-
mittee held a hearing titled ‘‘Assisting Entrepreneurs: Examining
Private and Public Resources Helping Small Businessess.’’ Wit-
nesses discussed challenges faced by entrepreneurs in underserved
communities.
IV. COMMITTEE CONSIDERATION
The Committee on Small Business met in open session, with a
quorum being present, on January 31, 2024, and ordered H.R. 7102
reported favorably to the House of Representatives. During the
markup no amendments were offered.
V. COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of Representa-
tives requires the Committee to list the recorded votes on the mo-
tion to report legislation and amendments thereto. The Committee
voted to favorably report H.R. 7102 to the House of Representaives
at 11:54 a.m.
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VI. SECTION-BY-SECTION OF H.R. 7102
Section 1. Short title
This section titles the bill as the ‘‘Native American Entrepre-
neurial Opportunity Act’’.
Section 2. Office of Native American Affairs
This section codifies the Office of Native American Affairs within
the SBA. The office is responsible for establishing working relation-
ships with Indian Tribes and Native Hawaiian Organizations to
promote programs, consultations, and entrepreneurial counseling.
This section also requires the Assistant Administrator of the office
to provide an annual report to Congress on the number of clients
served, number of consultations conducted, and number of
trainings held.
Section 3. Compliance with CUTGO
This section reiterates that not additional funding is authorized
to be approprated to carry out the bill.
VII. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
Pursuant to clause 3(d)(1) of House rule XIII, the Committee
adopts as its own the cost estimate prepared by the Director of the
Congressional Budget Office pursuant to section 402 of the Con-
gressional Budget Act of 1974. The Committee has requested but
not received from the Director of the Congressional Budget Office
a cost estimate for the Committee’s provisions. Once available, the
cost estimate with be published in the Congressional Record.
VII. NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND
TAX EXPENDITURES
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the House
of Representatives and section 308(a)(I) of the Congressional Budg-
et Act of 1974, the Committee provides the following opinion and
estimate with respect to new budget authority, entitlement author-
ity, and tax expenditures. While the Committee has not received an
estimate of new budget authority contained in the cost estimate
prepared by the Director of the Congressional Budget Act of 1974,
the Committee does not believe that there will be any additional
costs attributable to this legislation. H.R. 7102 does not direct
spending, but instead reallocates funding independently authorized
and approriated.
IX. OVERSIGHT FINDINGS & RECOMMENDATIONS
In accordance with clause 3(c)(1) of rule XIII and clause 2(b)(1)
of rule X of the Rules of the House of Representatives, the over-
sight findings and recommendations of the Committee on Small
Business with respect to the subject matter contained in H.R. 7102
are incorporated into the descriptive portions of this report.
X. PERFORMANCE GOALS AND OBJECTIVES
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With respect to the requirements of clause 3(c)(1) of rule XIII of
the Rules of the House of Representatives, the performance goals
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and objectives of H.R. 7102 are to require an annual report to Con-
gress by the Office of Native American Affairs.
XI. STATEMENT OF DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the House
of Representatives, no provision of H.R. 7102 is known to be dupli-
cative of another Federal program, including any program that was
included in a report to Congress puruant to section 21 of Public
Law 111–139 or the most recent Catalog of Federal Domestic As-
sistance.
XII. CONGRESSIONAL EARMARKS, LIMITED TAX BENEFITS, AND
LIMITED TARIFF BENEFITS
With respect to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee finds that the bill does not con-
tain any congressional earmarks, limited tax benefits, or limited
tariff benefits as defined in clause 9(e), 9(f), or 9(g) of rule XXI of
the Rules of the House of Representatives.
XIII. FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal man-
dates prepared by the Director of the Congressional Budget Office
pursuant to section 423 of the Unfunded Mandates Reform Act.
XIV. FEDERAL ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b) of the
Federal Advisory Committee Act were created by this legislation.
XV. APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to the
terms and conditions of employment or access to public services or
accommodations within the meaning of section 102(b)(3) of the Con-
gressional Accountability Act.
XVI. STATEMENT OF CONSTITUTIONAL AUTHORITY
Pursuant to clause 7 of rule XII of the Rules of the House, the
Committee finds that the authority for this legislation in Art. I, § 8,
cl. 1 of the Constitution of the Unites States.
XVII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
In compliance with clause 3(e) of rule XIII of the Rules of the
House of Representatives, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be omit-
ted is enclosed in black brackets, new matter is printed in italics,
and existing law in which no change is proposed is shown in
roman):
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
In compliance with clause 3(e) of rule XIII of the Rules of the
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House of Representatives, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be omit-
ted is enclosed in black brackets, new matter is printed in italics,
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and existing law in which no change is proposed is shown in
roman):
SMALL BUSINESS ACT
* * * * * * *
SEC. 49. OFFICE OF NATIVE AMERICAN AFFAIRS.
(a) DEFINITIONS.—In this section:
(1) ASSISTANT ADMINISTRATOR.—The term ‘‘Assistant Admin-
istrator’’ means the Assistant Administrator for Native Amer-
ican Affairs appointed under subsection (c).
(2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ has the meaning
given the term ‘‘Indian tribe’’ in section 8(a)(13).
(3) NATIVE HAWAIIAN ORGANIZATION.—The term ‘‘Native Ha-
waiian Organization’’ has the meaning given the term in section
8(a)(15).
(4) OFFICE.—The term ‘‘Office’’ means the Office of Native
American Affairs described in this section.
(b) ESTABLISHMENT.—
(1) IN GENERAL.—There is established within the Administra-
tion the Office of Native American Affairs, which shall be re-
sponsible for establishing a working relationship with Indian
Tribes and Native Hawaiian Organizations by targeting pro-
grams of the Administration relating to entrepreneurial devel-
opment, contracting, and capital access to—
(A) establish or expand small business concerns owned
and controlled by individuals who are members of Indian
Tribes or Native Hawaiian Organizations; and
(B) promote economic development in Indian country (as
defined in section 1151 of title 18, United States Code).
(2) CONNECTION WITH OTHER PROGRAMS.—To the extent rea-
sonable, the Office shall educate Indian Tribes and Native Ha-
waiian Organizations about programs administered by other
Federal agencies related to the interests described in paragraph
(1).
(c) ASSISTANT ADMINISTRATOR.—The Office shall be headed by an
Assistant Administrator for Native American Affairs, who shall—
(1) be appointed by and report to the Administrator;
(2) have knowledge of Native American cultures and experi-
ence providing culturally tailored small business development
assistance to Native Americans;
(3) provide assistance to Indian Tribes and Native Hawaiian
Organizations and small business concerns owned and con-
trolled by individuals who are members of Indian Tribes or Na-
tive Hawaiian Organizations;
(4) formulate policies, and promote policies and existing pro-
grams, to better address the entrepreneurial, capital access,
business development, and contracting needs of persons de-
scribed in paragraph (3);
(5) collaborate with Associate Administrators within the Ad-
ministration and officials of other Federal agencies to develop
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policies and plans to implement programs of the Administra-
tion to holistically address the needs described in paragraph
(4);
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(6) provide assistance, including grants, contracts, coopera-
tive agreements, or other financial assistance, to Indian Tribes
and Native Hawaiian Organizations, or to private nonprofit or-
ganizations governed by members of Indian Tribes or Native
Hawaiian Organizations that have the experience and capa-
bility to use the assistance to—
(A) deploy training, counseling, workshops, educational
outreach, and supplier events; and
(B) access the entrepreneurial, capital, and contracting
programs of the Administration;
(7) assist the Administrator in conducting, or conduct, Tribal
consultation to solicit input and facilitate discussion of poten-
tial modifications to programs and procedures of the Adminis-
tration; and
(8) recommend annual budgets for the Office.
(d) REPORT TO CONGRESS.—On an annual basis until the termi-
nation date, the Assistant Administrator shall submit to Congress
a report on the effectiveness of the Office of Native American Affairs
that includes the number of clients served in Tribal communities,
the number of consultations conducted, and the number of trainings
held in Tribal country.
(e) TERMINATION.—The authority under this section shall termi-
nate seven years after the date of the enactment of this section.
SEC. ø49.¿ 50. All laws and parts of laws inconsistent with this
Act are hereby repealed to the extent of such inconsistency.
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XVIII. MINORITY VIEWS
The mission of the Office of Native American Affairs is to ensure
American Indians, Alaska Natives, and Native Hawaiians seeking
to start and grow small businesses have access to SBA’s entrepre-
neurial development, lending, and procurement programs. The Of-
fice currently engages in numerous outreach activities, including
tribal consultations, development and distribution of promotional
materials, and participation in national economic development con-
ferences. The Office also contracts with third-party vendors to pro-
vide workshops on business development and financial literacy,
training webinars, incubator training, and online entrepreneurial
classes.1
In 2020, there were more than 3.7 million people who identified
as American Indian and Alaska Native alone,2 and there are 574
federally recognized Indian tribes in the United States.3 In ex-
change for the surrender of their lands, their removal, and resettle-
ment, the United States signed 375 treaties, passed laws, and insti-
tuted policies to shape and define the special relationship between
the federal government and tribal governments.4 However, the U.S.
government also forced many Native Americans to give up their
culture and, historically, has not provided the resources to support
Native American interconnected infrastructure, self-governance,
housing, education, health, and economic development needs.5 As a
result, Native Americans continue to experience lower educational
attainment, higher unemployment rates, and lower median in-
comes than other racial and ethnic groups.6
Entrepreneurship can provide a pathway out of poverty for
American Indians and Alaska Natives, which have the highest pov-
erty rate among all racial and ethnic groups. Native American-
owned businesses contribute over $33 billion to the U.S. economy
every year and employ 200,000 people.7 Statutorily authorizing the
Office of Native American Affairs at SBA will increase access to
federal programs and services that support Native American entre-
preneurs across the country and help Native Americans launch and
1 Office of Native American Affairs, U.S. SMALL BUS. ADMIN. (Nov. 14, 2023), https://
www.sba.gov/about-sba/sba-locations/headquarters-offices/office-native-american-affairs.
2 Table P1: Race, U.S. CENSUS BUREAU (2020), https://data.census.gov/table?g=010XX00US.
3 Facts for Features: American Indian and Alaska Native Heritage Month, U.S. CENSUS BU-
REAU (Nov. 15, 2023), https://www.census.gov/newsroom/facts-for-features/2023/aian-month.html.
4 U.S. COMM’N ON C.R., BROKEN PROMISES: CONTINUING FEDERAL FUNDING SHORTFALL FOR
NATIVE AMERICANS, (Dec. 20, 2018), https://www.usccr.gov/pubs/2018/12-20-Broken-Promises.pdf.
5 Id.
6 Dedrick Asante Muhammad, Esha Kamra, Connor Sanchez, Kathy Ramirez, & Rogelio Tec,
Racial Wealth Snapshot: Native Americans, NAT’L CMTY. REINVESTMENT COAL. (Feb. 14, 2022),
https://ncrc.org/racial-wealth-snapshot-native-americans.
7 Table AB1900NESD01: Statistics for Employer and Nonemployer Firms by Industry, Sex,
Ethnicity, Race, and Veteran Status: U.S. CENSUS BUREAU (2019), https://data.census.gov/table/
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ABSNESD2019.AB1900NESD01?q=ab1900NESD01&g=010XX00US&y=2019.
(9)
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grow small businesses, and in turn, promote economic development
in their tribal communities.
Sincerely,
NYDIA M. VELÁZQUEZ,
Ranking Member.
Æ
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