II 

111TH CONGRESS 

2D SESSION S. 3534 

To establish a Native American entrepreneurial development program in the 

Small Business Administration. 

IN THE SENATE OF THE UNITED STATES 

JUNE 24, 2010 

Ms. LANDRIEU (for herself and Mr. DORGAN) introduced the following bill; 

which was read twice and referred to the Committee on Small Business 

and Entrepreneurship 

A BILL 

To establish a Native American entrepreneurial development 

program in the Small Business Administration. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Native American Small 

5 Business Assistance and Entrepreneurial Growth Act of 

6 2010’’. 

7 SEC. 2. NATIVE AMERICAN SMALL BUSINESS DEVELOP8 MENT PROGRAM. 

9 The Small Business Act (15 U.S.C. 631 et seq.) is 

10 amended— 


smartinez on DSKB9S0YB1PROD with BILLS
2 

•S 3534 IS

1 (1) in section 4(b)(1) (15 U.S.C. 633(b)(1))— 

2 (A) in the fifth sentence, by striking ‘‘five 

3 Associate Administrators’’ and inserting ‘‘6 As4 sociate Administrators’’; and 

5 (B) by inserting after the fifth sentence 

6 the following: ‘‘1 Associate Administrator shall 

7 be the Associate Administrator of the Office of 

8 Native American Affairs established by section 

9 44.’’; 

10 (2) by redesignating section 44 as section 45; 

11 and 

12 (3) by inserting after section 43 (15 U.S.C. 

13 657o) the following: 

14 ‘‘SEC. 44. NATIVE AMERICAN SMALL BUSINESS DEVELOP15 MENT PROGRAM. 

16 ‘‘(a) DEFINITIONS.—In this section: 

17 ‘‘(1) ASSOCIATE ADMINISTRATOR.—The term 

18 ‘Associate Administrator’ means the Associate Ad19 ministrator of the Office of Native American Affairs 

20 established under subsection (b). 

21 ‘‘(2) CENTER; NATIVE AMERICAN BUSINESS

22 CENTER.—The terms ‘center’ and ‘Native American 

23 business center’ mean a center established under 

24 subsection (c). 


smartinez on DSKB9S0YB1PROD with BILLS
3 

•S 3534 IS

1 ‘‘(3) ELIGIBLE APPLICANT.—The term ‘eligible 

2 applicant’ means— 

3 ‘‘(A) a tribal college; 

4 ‘‘(B) a private, nonprofit organization— 

5 ‘‘(i) that provides business and finan6 cial or procurement technical assistance to 

7 1 or more Native American communities; 

8 and 

9 ‘‘(ii) that is dedicated to assisting one 

10 or more Native American communities; or 

11 ‘‘(C) a small business development center, 

12 women’s business center, or other private orga13 nization participating in a joint project. 

14 ‘‘(4) JOINT PROJECT.—The term ‘joint project’ 

15 means a project that— 

16 ‘‘(A) combines the resources and expertise 

17 of 2 or more distinct entities at a physical loca18 tion dedicated to assisting the Native American 

19 community; and 

20 ‘‘(B) submits to the Administration a joint 

21 application that contains— 

22 ‘‘(i) a certification that each partici23 pant of the project— 

24 ‘‘(I) is an eligible applicant; 


smartinez on DSKB9S0YB1PROD with BILLS
4 

•S 3534 IS

1 ‘‘(II) employs an executive direc2 tor or program manager to manage 

3 the center; and 

4 ‘‘(ii) information demonstrating a 

5 record of commitment to providing assist6 ance to Native Americans and; 

7 ‘‘(iii) information demonstrating that 

8 the participants in the joint project have 

9 the ability and resources to meet the 

10 needs, including the cultural needs, of the 

11 Native Americans to be served by the 

12 project. 

13 ‘‘(5) NATIVE AMERICAN SMALL BUSINESS CON14 CERN.—The term ‘Native American small business 

15 concern’ means a small business concern that is at 

16 least 51 percent owned and controlled by— 

17 ‘‘(A) an Indian tribe or a Native Hawaiian 

18 Organization, as the terms are described in 

19 paragraphs (13) and (15) of section 8(a), re20 spectively; or 

21 ‘‘(B) 1 or more individual members of an 

22 Indian tribe or Native Hawaiian Organization. 

23 ‘‘(6) NATIVE AMERICAN SMALL BUSINESS DE24 VELOPMENT PROGRAM.—The term ‘Native American 


smartinez on DSKB9S0YB1PROD with BILLS
5 

•S 3534 IS

1 small business development program’ means the pro2 gram established under subsection (c). 

3 ‘‘(7) SMALL BUSINESS CONCERN.—The term 

4 ‘small business concern’ has the same meaning as in 

5 section 3. 

6 ‘‘(8) SMALL BUSINESS DEVELOPMENT CEN7 TER.—The term ‘small business development center’ 

8 means a small business development center described 

9 in section 21. 

10 ‘‘(9) TRIBAL COLLEGE.—The term ‘tribal col11 lege’ has the meaning given the term ‘tribally con12 trolled college or university’ in section 2(a) of the 

13 Tribally Controlled Community College Assistance 

14 Act of 1978 (25 U.S.C. 1801(a)). 

15 ‘‘(10) TRIBAL LAND.—The term ‘tribal land’ 

16 has the meaning given the term ‘reservation’ in sec17 tion 3 of the Indian Financing Act (25 U.S.C. 

18 1452). 

19 ‘‘(b) OFFICE OF NATIVE AMERICAN AFFAIRS.— 

20 ‘‘(1) ESTABLISHMENT.—There is established 

21 within the Administration the Office of Native 

22 American Affairs, which, under the direction of the 

23 Associate Administrator, shall implement the pro24 grams of the Administration for the development of 

25 business enterprises by Native Americans. 


smartinez on DSKB9S0YB1PROD with BILLS
6 

•S 3534 IS

1 ‘‘(2) PURPOSE.—The purpose of the Office of 

2 Native American Affairs is to help Native American 

3 small business concerns— 

4 ‘‘(A) to start, operate, and increase the 

5 business of small business concerns; 

6 ‘‘(B) to develop management and technical 

7 skills; 

8 ‘‘(C) to seek Federal procurement opportu9 nities; 

10 ‘‘(D) to increase employment opportunities 

11 for Native Americans through the establishment 

12 and expansion of small business concerns; and 

13 ‘‘(E) to increase the access of Native 

14 Americans to capital markets. 

15 ‘‘(3) ASSOCIATE ADMINISTRATOR.— 

16 ‘‘(A) APPOINTMENT.—The Administrator 

17 shall appoint a qualified individual to serve as 

18 Associate Administrator of the Office of Native 

19 American Affairs in accordance with this para20 graph. 

21 ‘‘(B) QUALIFICATIONS.—The Associate 

22 Administrator appointed under subparagraph 

23 (A) shall have— 

24 ‘‘(i) knowledge of Native American 

25 culture; and 


smartinez on DSKB9S0YB1PROD with BILLS
7 

•S 3534 IS

1 ‘‘(ii) experience providing culturally 

2 tailored small business development assist3 ance to Native Americans. 

4 ‘‘(C) EMPLOYMENT STATUS.—The Admin5 istrator shall establish the position of Associate 

6 Administrator, who shall— 

7 ‘‘(i) be an appointee in the Senior Ex8 ecutive Service (as defined in section 

9 3132(a) of title 5, United States Code); 

10 and 

11 ‘‘(ii) shall report to and be responsible 

12 directly to the Administrator. 

13 ‘‘(D) RESPONSIBILITIES AND DUTIES.— 

14 The Associate Administrator shall— 

15 ‘‘(i) administer and manage the Na16 tive American small business development 

17 program; 

18 ‘‘(ii) formulate, execute, and promote 

19 the policies and programs of the Adminis20 tration that provide assistance to small 

21 business concerns owned and controlled by 

22 Native Americans; 

23 ‘‘(iii) act as an ombudsman for full 

24 consideration of Native Americans in all 

25 programs of the Administration; 


smartinez on DSKB9S0YB1PROD with BILLS
8 

•S 3534 IS

1 ‘‘(iv) recommend the annual adminis2 trative and program budgets for the Office 

3 of Native American Affairs; 

4 ‘‘(v) consult with Native American 

5 business centers in carrying out the Native 

6 American small business development pro7 gram; 

8 ‘‘(vi) recommend appropriate funding 

9 levels; 

10 ‘‘(vii) review the annual budgets sub11 mitted by each applicant for the Native 

12 American small business development pro13 gram; 

14 ‘‘(viii) select applicants to participate 

15 in the Native American small business de16 velopment program; 

17 ‘‘(ix) implement this section; and 

18 ‘‘(x) maintain a clearinghouse for the 

19 dissemination and exchange of information 

20 between all Administration-sponsored busi21 ness centers. 

22 ‘‘(E) CONSULTATION REQUIREMENTS.—In 

23 carrying out the responsibilities and duties de24 scribed in this paragraph, the Associate AdminVerDate Mar 15 2010 00:02 Jun 26, 2010 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3534.IS S3534

smartinez on DSKB9S0YB1PROD with BILLS
9 

•S 3534 IS

1 istrator shall confer with and seek the advice 

2 of— 

3 ‘‘(i) officials of the Administration 

4 working in areas served by Native Amer5 ican business centers; and 

6 ‘‘(ii) eligible applicants. 

7 ‘‘(c) NATIVE AMERICAN SMALL BUSINESS DEVELOP8 MENT PROGRAM.— 

9 ‘‘(1) FINANCIAL ASSISTANCE.— 

10 ‘‘(A) IN GENERAL.—The Administration, 

11 acting through the Associate Administrator, 

12 shall provide financial assistance to eligible ap13 plicants to establish Native American business 

14 centers in accordance with this section. 

15 ‘‘(B) USE OF FUNDS.—The financial and 

16 resource assistance provided under this sub17 section shall be used to establish a Native 

18 American business center to overcome obstacles 

19 impeding the establishment, development, and 

20 expansion of small business concerns, in accord21 ance with this section. 

22 ‘‘(2) 5-YEAR PROJECTS.— 

23 ‘‘(A) IN GENERAL.—Each Native Amer24 ican business center that receives assistance 

25 under paragraph (1)(A) shall conduct a 5-year 


smartinez on DSKB9S0YB1PROD with BILLS
10 

•S 3534 IS

1 project that offers culturally tailored business 

2 development assistance in the form of— 

3 ‘‘(i) financial education, including 

4 training and counseling in— 

5 ‘‘(I) applying for and securing 

6 business credit and investment cap7 ital; 

8 ‘‘(II) preparing and presenting fi9 nancial statements; and 

10 ‘‘(III) managing cash flow and 

11 other financial operations of a busi12 ness concern; 

13 ‘‘(ii) management education, including 

14 training and counseling in planning, orga15 nizing, staffing, directing, and controlling 

16 each major activity and function of a small 

17 business concern; and 

18 ‘‘(iii) marketing education, including 

19 training and counseling in— 

20 ‘‘(I) identifying and segmenting 

21 domestic and international market op22 portunities; 

23 ‘‘(II) preparing and executing 

24 marketing plans; 


smartinez on DSKB9S0YB1PROD with BILLS
11 

•S 3534 IS

1 ‘‘(III) developing pricing strate2 gies; 

3 ‘‘(IV) locating contract opportu4 nities; 

5 ‘‘(V) negotiating contracts; and 

6 ‘‘(VI) using varying public rela7 tions and advertising techniques. 

8 ‘‘(B) BUSINESS DEVELOPMENT ASSIST9 ANCE RECIPIENTS.—The business development 

10 assistance under subparagraph (A) shall be of11 fered to prospective and current owners of Na12 tive American small business concerns. 

13 ‘‘(3) FORM OF FEDERAL FINANCIAL ASSIST14 ANCE.— 

15 ‘‘(A) DOCUMENTATION.—The financial as16 sistance to Native American business centers 

17 authorized under this subsection may be made 

18 by grant, contract, or cooperative agreement. 

19 ‘‘(B) PAYMENTS.— 

20 ‘‘(i) TIMING.—Payments made under 

21 this subsection may be disbursed in peri22 odic installments, at the request of the re23 cipient. 

24 ‘‘(ii) ADVANCE.—The Administrator 

25 may disburse not more than 25 percent of 


smartinez on DSKB9S0YB1PROD with BILLS
12 

•S 3534 IS

1 the annual amount of Federal financial as2 sistance awarded to a Native American 

3 business center after notice of the award 

4 has been issued. 

5 ‘‘(C) NON-FEDERAL CONTRIBUTIONS.— 

6 ‘‘(i) IN GENERAL.— 

7 ‘‘(I) INITIAL FINANCIAL ASSIST8 ANCE.—Except as provided in sub9 clause (II), an eligible applicant that 

10 receives financial assistance under this 

11 subsection shall provide non-Federal 

12 contributions for the operation of the 

13 Native American business center es14 tablished by the eligible applicant in 

15 an amount equal to— 

16 ‘‘(aa) in each of the first 

17 and second years of the project, 

18 not less than 33 percent of the 

19 amount of the financial assist20 ance received under this sub21 section; and 

22 ‘‘(bb) in the third through 

23 fifth years of the project, not less 

24 than 50 percent of the amount of 


smartinez on DSKB9S0YB1PROD with BILLS
13 

•S 3534 IS

1 the financial assistance received 

2 under this subsection. 

3 ‘‘(II) RENEWALS.—An eligible 

4 applicant that receives a renewal of fi5 nancial assistance under this sub6 section shall provide non-Federal con7 tributions for the operation of a Na8 tive American business center estab9 lished by the eligible applicant in an 

10 amount equal to not less than 50 per11 cent of the amount of the financial as12 sistance received under this sub13 section. 

14 ‘‘(III) EXCEPTIONS.—The re15 quirements of this section may be 

16 waived at the discretion of the Admin17 istrator, based on an evaluation of the 

18 ability of the eligible applicant to pro19 vide non-Federal contributions. 

20 ‘‘(4) CONTRACT AND COOPERATIVE AGREE21 MENT AUTHORITY.—A Native American business 

22 center may enter into a contract or cooperative 

23 agreement with a Federal department or agency to 

24 provide specific assistance to Native American and 

25 other underserved small business concerns located on 


smartinez on DSKB9S0YB1PROD with BILLS
14 

•S 3534 IS

1 or near tribal land, to the extent that the contract 

2 or cooperative agreement is consistent with and does 

3 not duplicate the terms of any assistance received by 

4 the Native American business center from the Ad5 ministration. 

6 ‘‘(5) APPLICATION PROCESS.— 

7 ‘‘(A) SUBMISSION OF A 5-YEAR PLAN.— 

8 Each applicant for assistance under paragraph 

9 (1) shall submit a 5-year plan to the Adminis10 tration on proposed assistance and training ac11 tivities. 

12 ‘‘(B) CRITERIA.— 

13 ‘‘(i) IN GENERAL.—The Administrator 

14 shall evaluate applicants for financial as15 sistance under this subsection in accord16 ance with selection criteria that are— 

17 ‘‘(I) established before the date 

18 on which eligible applicants are re19 quired to submit the applications; 

20 ‘‘(II) stated in terms of relative 

21 importance; and 

22 ‘‘(III) publicly available and stat23 ed in each solicitation for applications 

24 for financial assistance under this 

25 subsection made by the Administrator. 


smartinez on DSKB9S0YB1PROD with BILLS
15 

•S 3534 IS

1 ‘‘(ii) CONSIDERATIONS.—The criteria 

2 required by this subparagraph shall in3 clude— 

4 ‘‘(I) the experience of the appli5 cant in conducting programs or ongo6 ing efforts designed to impart or up7 grade the business skills of current or 

8 potential owners of Native American 

9 small business concerns; 

10 ‘‘(II) the ability of the applicant 

11 to commence a project within a min12 imum amount of time; 

13 ‘‘(III) the ability of the applicant 

14 to provide quality training and serv15 ices to a significant number of Native 

16 Americans; 

17 ‘‘(IV) previous assistance from 

18 the Administration to provide services 

19 in Native American communities; 

20 ‘‘(V) the proposed location for 

21 the Native American business center, 

22 with priority given based on the prox23 imity of the center to the population 

24 being served and to achieve a broad 


smartinez on DSKB9S0YB1PROD with BILLS
16 

•S 3534 IS

1 geographic dispersion of the centers; 

2 and 

3 ‘‘(VI) demonstrated experience in 

4 providing technical assistance, includ5 ing financial, marketing, and manage6 ment assistance. 

7 ‘‘(6) CONDITIONS FOR PARTICIPATION.—Each 

8 eligible applicant desiring a grant under this sub9 section shall submit an application to the Adminis10 trator that contains— 

11 ‘‘(A) a certification that the applicant— 

12 ‘‘(i) is an eligible applicant; 

13 ‘‘(ii) employs a full-time executive di14 rector, project director, or program man15 ager to manage the Native American busi16 ness center; and 

17 ‘‘(iii) agrees— 

18 ‘‘(I) to a site visit by the Admin19 istrator as part of the final selection 

20 process; 

21 ‘‘(II) to an annual programmatic 

22 and financial examination; and 

23 ‘‘(III) to the maximum extent 

24 practicable, to remedy any problems 


smartinez on DSKB9S0YB1PROD with BILLS
17 

•S 3534 IS

1 identified pursuant to that site visit or 

2 examination; 

3 ‘‘(B) information demonstrating that the 

4 applicant has the ability and resources to meet 

5 the needs, including cultural needs, of the Na6 tive Americans to be served by the grant; 

7 ‘‘(C) information relating to proposed as8 sistance that the grant will provide, including— 

9 ‘‘(i) the number of individuals to be 

10 assisted; and 

11 ‘‘(ii) the number of hours of coun12 seling, training, and workshops to be pro13 vided; 

14 ‘‘(D) information demonstrating the effec15 tiveness and experience of the applicant in— 

16 ‘‘(i) conducting financial, manage17 ment, and marketing assistance programs 

18 designed to educate or improve the busi19 ness skills of current or prospective Native 

20 American business owners; 

21 ‘‘(ii) providing training and services to 

22 a representative number of Native Ameri23 cans; 

24 ‘‘(iii) using resource partners of the 

25 Administration and other entities, includVerDate Mar 15 2010 00:02 Jun 26, 2010 Jkt 089200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S3534.IS S3534

smartinez on DSKB9S0YB1PROD with BILLS
18 

•S 3534 IS

1 ing institutions of higher education, Indian 

2 tribes, or tribal colleges; and 

3 ‘‘(iv) the prudent management of fi4 nances and staffing; 

5 ‘‘(E) the location at which the applicant 

6 will provide training and services to Native 

7 Americans; 

8 ‘‘(F) a 5-year plan that describes— 

9 ‘‘(i) the number of Native Americans 

10 and Native American small business con11 cerns to be served by the grant; 

12 ‘‘(ii) if the Native American business 

13 center is located in the continental United 

14 States, the number of Native Americans to 

15 be served by the grant; and 

16 ‘‘(iii) the training and services to be 

17 provided to a representative number of Na18 tive Americans; and 

19 ‘‘(G) if the applicant is a joint project— 

20 ‘‘(i) a certification that each partici21 pant in the joint project is an eligible ap22 plicant; 

23 ‘‘(ii) information demonstrating a 

24 record of commitment to providing assist25 ance to Native Americans; and 


smartinez on DSKB9S0YB1PROD with BILLS
19 

•S 3534 IS

1 ‘‘(iii) information demonstrating that 

2 the participants in the joint project have 

3 the ability and resources to meet the 

4 needs, including the cultural needs, of the 

5 Native Americans to be served by the 

6 grant. 

7 ‘‘(7) REVIEW OF APPLICATIONS.—The Adminis8 trator shall approve or disapprove each completed 

9 application submitted under this subsection not later 

10 than 90 days after the date on which the eligible ap11 plicant submits the application. 

12 ‘‘(8) PROGRAM EXAMINATION.— 

13 ‘‘(A) IN GENERAL.—Each Native Amer14 ican business center established under this sub15 section shall annually provide to the Adminis16 trator an itemized cost breakdown of actual ex17 penditures made during the preceding year. 

18 ‘‘(B) ADMINISTRATION ACTION.—Based on 

19 information received under subparagraph (A), 

20 the Administration shall— 

21 ‘‘(i) develop and implement an annual 

22 programmatic and financial examination of 

23 each Native American business center as24 sisted pursuant to this subsection; and 


smartinez on DSKB9S0YB1PROD with BILLS
20 

•S 3534 IS

1 ‘‘(ii) analyze the results of each exam2 ination conducted under clause (i) to deter3 mine the programmatic and financial via4 bility of each Native American business 

5 center. 

6 ‘‘(C) CONDITIONS FOR CONTINUED FUND7 ING.—In determining whether to renew a grant, 

8 contract, or cooperative agreement with a Na9 tive American business center, the Administra10 tion— 

11 ‘‘(i) shall consider the results of the 

12 most recent examination of the center 

13 under subparagraph (B), and, to a lesser 

14 extent, previous examinations; and 

15 ‘‘(ii) may withhold the renewal, if the 

16 Administrator determines that— 

17 ‘‘(I) the center has failed to pro18 vide the information required to be 

19 provided under subparagraph (A), or 

20 the information provided by the center 

21 is inadequate; 

22 ‘‘(II) the center has failed to pro23 vide adequate information required to 

24 be provided by the center for purposes 


smartinez on DSKB9S0YB1PROD with BILLS
21 

•S 3534 IS

1 of the report of the Administrator 

2 under subparagraph (E); 

3 ‘‘(III) the center has failed to 

4 comply with a requirement for partici5 pation in the Native American small 

6 business development program, as de7 termined by the Administrator, in8 cluding— 

9 ‘‘(aa) failure to acquire or 

10 properly document a non-Federal 

11 contribution; 

12 ‘‘(bb) failure to establish an 

13 appropriate partnership or pro14 gram for marketing and outreach 

15 to reach new Native American 

16 small business concerns; 

17 ‘‘(cc) failure to achieve re18 sults described in a financial as19 sistance agreement; and 

20 ‘‘(dd) failure to provide to 

21 the Administrator a description 

22 of the amount and sources of any 

23 non-Federal funding received by 

24 the center; 


smartinez on DSKB9S0YB1PROD with BILLS
22 

•S 3534 IS

1 ‘‘(IV) the center has failed to 

2 carry out the 5-year plan under in 

3 paragraph (6)(F); or 

4 ‘‘(V) the center cannot make the 

5 certification described in paragraph 

6 (6)(A). 

7 ‘‘(D) CONTINUING CONTRACT AND COOP8 ERATIVE AGREEMENT AUTHORITY.— 

9 ‘‘(i) IN GENERAL.—The authority of 

10 the Administrator to enter into contracts 

11 or cooperative agreements in accordance 

12 with this subsection shall be in effect for 

13 each fiscal year only to the extent and in 

14 the amounts as are provided in advance in 

15 appropriations Acts. 

16 ‘‘(ii) RENEWAL.—After the Adminis17 trator has entered into a contract or coop18 erative agreement with any Native Amer19 ican business center under this subsection, 

20 the Administrator may not suspend, termi21 nate, or fail to renew or extend any such 

22 contract or cooperative agreement unless 

23 the Administrator— 

24 ‘‘(I) provides the center with 

25 written notification that describes the 


smartinez on DSKB9S0YB1PROD with BILLS
23 

•S 3534 IS

1 reasons for the action of the Adminis2 trator; and 

3 ‘‘(II) affords the center an oppor4 tunity for a hearing, appeal, or other 

5 administrative proceeding under chap6 ter 5 of title 5, United States Code. 

7 ‘‘(E) ANNUAL MANAGEMENT REPORT.— 

8 ‘‘(i) IN GENERAL.—The Administrator 

9 shall prepare and submit to the Committee 

10 on Small Business and Entrepreneurship 

11 and the Committee on Indian Affairs of 

12 the Senate and the Committee on Small 

13 Business and the Committee on Natural 

14 Resources of the House of Representatives 

15 an annual report on the effectiveness of all 

16 projects conducted by Native American 

17 business centers under this subsection and 

18 any pilot programs administered by the Of19 fice of Native American Affairs. 

20 ‘‘(ii) CONTENTS.—Each report sub21 mitted under clause (i) shall include, with 

22 respect to each Native American business 

23 center receiving financial assistance under 

24 this subsection— 


smartinez on DSKB9S0YB1PROD with BILLS
24 

•S 3534 IS

1 ‘‘(I) the number of individuals re2 ceiving assistance from the Native 

3 American business center; 

4 ‘‘(II) the number of startup busi5 ness concerns established with the as6 sistance of the Native American busi7 ness center; 

8 ‘‘(III) the number of existing 

9 businesses in the area served by the 

10 Native American business center seek11 ing to expand employment; 

12 ‘‘(IV) the number of jobs estab13 lished or maintained, on an annual 

14 basis, by Native American small busi15 ness concerns assisted by the center 

16 since receiving funding under this sec17 tion; 

18 ‘‘(V) to the maximum extent 

19 practicable, the amount of the capital 

20 investment and loan financing used by 

21 emerging and expanding businesses 

22 that were assisted by a Native Amer23 ican business center; 

24 ‘‘(VI) any additional information 

25 on the counseling and training proVerDate Mar 15 2010 00:02 Jun 26, 2010 Jkt 089200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S3534.IS S3534

smartinez on DSKB9S0YB1PROD with BILLS
25 

•S 3534 IS

1 gram that the Administrator deter2 mines to be necessary; and 

3 ‘‘(VII) the most recent examina4 tion, as required under subparagraph 

5 (B), and the determination made by 

6 the Administration under that sub7 paragraph. 

8 ‘‘(9) ANNUAL REPORTS.—Each Native Amer9 ican business center receiving financial assistance 

10 under this subsection shall submit to the Adminis11 trator an annual report on the services provided with 

12 the financial assistance, including— 

13 ‘‘(A) the number of individuals assisted, by 

14 tribal affiliation; 

15 ‘‘(B) the number of hours spent providing 

16 counseling and training for those individuals; 

17 ‘‘(C) the number of startup small business 

18 concerns established or maintained with the as19 sistance of the Native American business cen20 ter; 

21 ‘‘(D) the gross receipts of small business 

22 concerns assisted by the Native American busi23 ness center; 


smartinez on DSKB9S0YB1PROD with BILLS
26 

•S 3534 IS

1 ‘‘(E) the number of jobs established or 

2 maintained by small business concerns assisted 

3 by the Native American business center; and 

4 ‘‘(F) the number of jobs for Native Ameri5 cans established or maintained at small busi6 ness concerns assisted by the Native American 

7 business center. 

8 ‘‘(10) RECORD RETENTION.— 

9 ‘‘(A) APPLICATIONS.—The Administrator 

10 shall maintain a copy of each application sub11 mitted under this subsection for not less than 

12 7 years. 

13 ‘‘(B) ANNUAL REPORTS.—The Adminis14 trator shall maintain copies of the certification 

15 submitted under paragraph (6)(A) indefinitely. 

16 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 

17 ‘‘(1) IN GENERAL.—There is authorized to be 

18 appropriated to carry out the Native American small 

19 business development program $10,000,000 for each 

20 of fiscal years 2011 through 2013. 

21 ‘‘(2) ADMINISTRATION.—Not more than 10 per22 cent of funds appropriated for a fiscal year may be 

23 used for the costs of administering the programs 

24 under this section.’’. 

Æ 


smartinez on DSKB9S0YB1PROD with BILLS