II 

111TH CONGRESS 

2D SESSION S. 3471 

To improve access to capital, bonding authority, and job training for Native 

Americans and promote native community development financial institutions and Native American small business opportunities, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 9, 2010 

Mr. DORGAN (for himself, Mr. JOHNSON, and Mr. BEGICH) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs 

A BILL 

To improve access to capital, bonding authority, and job 

training for Native Americans and promote native community development financial institutions and Native 

American small business opportunities, and for other 

purposes. 

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 Em5 ployment Act of 2010’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents of this Act is as follows: 


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Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Improving access to capital for Indian tribes. 

Sec. 4. Surety bond guarantees. 

Sec. 5. Indian employment, training, and related services. 

Sec. 6. Native initiatives. 

Sec. 7. Buy Indian. 

Sec. 8. Native American small business development program. 

Sec. 9. Qualified school construction bond escrow account. 

1 SEC. 3. IMPROVING ACCESS TO CAPITAL FOR INDIAN 

2 TRIBES. 

3 Section 201 of the Indian Financing Act of 1974 (25 

4 U.S.C. 1481) is amended by adding at the end the fol5 lowing: 

6 ‘‘(c) IMPROVING ACCESS TO CAPITAL FOR INDIAN

7 TRIBES.— 

8 ‘‘(1) IN GENERAL.—The Secretary shall estab9 lish a tier system for loans guaranteed or insured 

10 under this section that is based on the number of 

11 on-reservation jobs created by each loan. 

12 ‘‘(2) EFFECT.—In establishing the tier system 

13 under paragraph (1), the Secretary shall consider 

14 more favorable equity terms or allow an increase in 

15 loan guarantees from 90 percent up to 100 percent 

16 of the unpaid principal and interest due on any loan 

17 made under this section for energy development or 

18 manufacturing carried out on Indian land or within 

19 a tribal service area recognized by the Bureau of In20 dian Affairs.’’. 


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1 SEC. 4. SURETY BOND GUARANTEES. 

2 Section 218 of the Indian Financing Act of 1974 (25 

3 U.S.C. 1497a) is amended to read as follows: 

4 ‘‘SEC. 218. SURETY BOND GUARANTEES. 

5 ‘‘(a) AMOUNT; ELIGIBILITY.—The Secretary may 

6 issue a guarantee up to 100 percent of amounts covered 

7 by a surety bond issued for eligible construction, renova8 tion, or demolition work performed or to be performed by 

9 an Indian individual or Indian economic enterprise. 

10 ‘‘(b) CONDITIONS.— 

11 ‘‘(1) IN GENERAL.—The Secretary may provide 

12 a surety bond guarantee under this section only if 

13 the Secretary determines that— 

14 ‘‘(A) the guarantee is necessary for the In15 dian individual or Indian economic enterprise to 

16 secure a surety bond on commercially reason17 able terms; 

18 ‘‘(B) not more than 25 percent of the busi19 ness of the surety is comprised of bonds guar20 anteed pursuant to this section; and 

21 ‘‘(C) the surety meets eligibility standards 

22 established by the Secretary in rules and regu23 lations. 

24 ‘‘(2) PREVENTION AND MITIGATION OF LOSS.— 

25 The Secretary shall condition each surety bond guar26 antee to an Indian business on the existence of— 


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1 ‘‘(A) appropriate technical assistance and 

2 advice; and 

3 ‘‘(B) adequate monitoring of the perform4 ance of the project. 

5 ‘‘(c) FEES AND CHARGES.— 

6 ‘‘(1) IN GENERAL.—The rules and regulations 

7 promulgated by the Secretary to carry out this sec8 tion shall include the setting of— 

9 ‘‘(A) reasonable fees to be paid by the In10 dian individual or economic enterprise; and 

11 ‘‘(B) reasonable premium charges to be 

12 paid by sureties. 

13 ‘‘(2) RECEIPTS.—The receipts from fees and 

14 charges shall be made available to the Secretary for 

15 administration and management of this section.’’. 

16 SEC. 5. INDIAN EMPLOYMENT, TRAINING, AND RELATED 

17 SERVICES. 

18 The Indian Employment, Training, and Related Serv19 ices Demonstration Act of 1992 (25 U.S.C. 3401 et seq.) 

20 is amended— 

21 (1) in section 2 (25 U.S.C. 3401), by striking 

22 ‘‘The purposes of this chapter are to demonstrate 

23 how Indian tribal governments can integrate the em24 ployment, training, and related services they provide 

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1 ter are to promote tribal government integration of 

2 employment, training, and related services’’; 

3 (2) in section 3 (25 U.S.C. 3402), by adding at 

4 the end the following: 

5 ‘‘(5) TRIBAL ORGANIZATION.—The term ‘tribal 

6 organization’ has meaning given the term in section 

7 4 of the Indian Self-Determination and Education 

8 Assistance Act (25 U.S.C. 450b).’’; 

9 (3) in section 4 (25 U.S.C. 3403)— 

10 (A) by striking ‘‘The Secretary’’ and in11 serting the following: 

12 ‘‘(a) IN GENERAL.—The Secretary’’; and 

13 (B) by adding at the end the following: 

14 ‘‘(b) SINGLE INTEGRATED PLAN.—On approval by 

15 the Secretary of a plan submitted by an Indian tribe or 

16 tribal organization under subsection (a), the covered pro17 grams shall be fully integrated into a single, coordinated, 

18 comprehensive program that shall not require the Indian 

19 tribe or tribal organization to submit to any additional 

20 budgets, reports, audits, supplemental audits, or other 

21 documentation requirements. 

22 ‘‘(c) TRANSFER OF FUNDS.—Notwithstanding any 

23 other provision of law, all funds for programs and services 

24 covered by an approved plan under this section shall, at 

25 the request of the Indian tribe or tribal organization, be 


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1 transferred to the Indian tribe or tribal organization pur2 suant to an existing contract, compact, or funding agree3 ment, including those awarded under title I or IV of the 

4 Indian Self-Determination and Education Assistance Act 

5 (25 U.S.C. 450 et seq.).’’; 

6 (4) in section 5 (25 U.S.C. 3404), by striking 

7 ‘‘in a demonstration project under any such’’ and in8 serting ‘‘under any’’; 

9 (5) in section 6 (25 U.S.C. 3405), by striking 

10 paragraph (3) and inserting the following: 

11 ‘‘(3) identify— 

12 ‘‘(A) the full range of potential employ13 ment opportunities on and near the service area 

14 of the Indian tribe or tribal organization; and 

15 ‘‘(B) the education, training, and related 

16 services to be provided to assist individual Indi17 ans to access those employment opportunities;’’; 

18 (6) by striking sections 7 and 8 (25 U.S.C. 

19 3406, 3407) and inserting the following: 

20 ‘‘SEC. 7. PLAN REVIEW AND APPROVAL. 

21 ‘‘(a) IN GENERAL.—Not later than 90 days after the 

22 date of receipt of a plan under section 4, the Secretary 

23 shall approve the plan, including any request for a waiver 

24 that is made as part of the plan, and authorize the trans25 fer of funds pursuant to that plan, unless the Secretary 


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1 provides written notification of disapproval of the plan 

2 that contains a specific finding that clearly demonstrates 

3 that, or that is supported by a controlling legal authority 

4 that, the plan does not meet the requirements of section 

5 6. 

6 ‘‘(b) FAILURE TO ACT.—Any plan that the Secretary 

7 fails to act on by the date that is 90 days after the date 

8 of receipt (or such extended time as may be provided 

9 under subsection (c)) shall be considered to be approved. 

10 ‘‘(c) EXTENSION OF TIME.—Notwithstanding any 

11 other provision of law, the Secretary may extend or other12 wise modify the 90-day period specified in subsection (a), 

13 if before the expiration of that period, the Secretary ob14 tains the express written consent of the Indian tribe or 

15 tribal organization to extend or alter the period for up to 

16 90 additional days. 

17 ‘‘(d) REVIEW OF DECISION; APPLICABLE PROVI18 SIONS.—On a decision to disapprove a plan, the following 

19 provisions of the Indian Self-Determination and Edu20 cation Assistance Act (25 U.S.C. 450 et seq.) shall apply 

21 to the review of the decision: 

22 ‘‘(1) Section 102(b) (25 U.S.C. 450f(b)) (relat23 ing to the declination process). 

24 ‘‘(2) Section 102(e) (25 U.S.C. 450f(e)) (relat25 ing to burden of proof and finality). 


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1 ‘‘(3) Subsections (a) and (c) of section 110 (25 

2 U.S.C. 450m–1) (relating to appeals).’’; 

3 (7) in section 11 (25 U.S.C. 3410)— 

4 (A) in subsection (a), by striking para5 graphs (1) through (4) and inserting the fol6 lowing: 

7 ‘‘(1) the development and use of a model single 

8 report for each approved plan submitted by an In9 dian tribe or tribal organization to report on the 

10 consolidated activities undertaken and joint expendi11 tures made under the plan; 

12 ‘‘(2) the provision, either directly or through 

13 contract, of appropriate technical assistance to an 

14 Indian tribe or tribal organization with an approved 

15 plan, on the condition that the Indian tribe or tribal 

16 organization retains the authority to accept the plan 

17 for providing such technical assistance and the tech18 nical assistance provider; 

19 ‘‘(3) the development and use of a single moni20 toring and oversight system for the plan; 

21 ‘‘(4)(A) the receipt of all funds covered by a 

22 plan submitted by an Indian tribe or tribal organiza23 tion and approved by the Secretary; and 

24 ‘‘(B) the distribution of all such funds to the 

25 respective Indian tribe or tribal organization; and 


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1 ‘‘(5) the performance of activities described in 

2 section 7 relating to agency waivers and the estab3 lishment of an inter-agency dispute resolution proc4 ess.’’; 

5 (B) by redesignating subsection (b) as sub6 section (c); and 

7 (C) by inserting after subsection (a) the 

8 following: 

9 ‘‘(b) INTERDEPARTMENTAL MEMORANDUM.— 

10 ‘‘(1) IN GENERAL.—The interdepartmental 

11 memorandum described in subsection (a) shall in12 clude, at a minimum, requirements for— 

13 ‘‘(A) an annual meeting of participating 

14 Indian tribes, tribal organizations, and Federal 

15 agencies, with the meeting co-chaired by a rep16 resentative of the President and a representa17 tive of the participating Indian tribes; 

18 ‘‘(B) an annual review of the achievements 

19 under the Act as well as statutory, regulatory, 

20 administrative, and policy obstacles that pre21 vent participating Indian tribes from fully car22 rying out the purposes of the Act; and 

23 ‘‘(C) in accordance with paragraph (2), the 

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1 tify and resolve inter-agency or Federal-tribal 

2 conflicts in the administration of the Act. 

3 ‘‘(2) ADVISORY COMMITTEE.—The Advisory 

4 Committee described in paragraph (1)(C) shall— 

5 ‘‘(A) be comprised of representatives ap6 pointed by the Secretary of the Interior, the 

7 Secretary of Labor, the Secretary of Health and 

8 Human Services, the Secretary of Education, 

9 the Secretary of Commerce, the Secretary of 

10 Transportation, and the Secretary of Agri11 culture; 

12 ‘‘(B) have 2 representatives appointed by 

13 the Secretary of the Interior from nominations 

14 submitted by Indian tribes or tribal organiza15 tions; 

16 ‘‘(C) meet at least twice per year; and 

17 ‘‘(D) be exempt from the requirements of 

18 Federal Advisory Committee Act (5 U.S.C. 

19 App.).’’; 

20 (8) in section 12 (25 U.S.C. 3411), by striking 

21 ‘‘tribal government involved in any demonstration 

22 project be reduced as a result of’’ and inserting 

23 ‘‘participating Indian tribe or tribal organization be 

24 reduced as a result of the approval or implementa25 tion of a plan under this Act or’’; 


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1 (9) in section 13 (25 U.S.C. 3412), by striking 

2 ‘‘a tribal government in order to further the pur3 poses of this Act’’ and inserting ‘‘an Indian tribe or 

4 tribal organization in order to further the purposes 

5 of this Act (including any amendments made to this 

6 Act)’’; 

7 (10) in section 14 (25 U.S.C. 3413)— 

8 (A) in subsection (a), by striking para9 graph (2) and inserting the following: 

10 ‘‘(2) SEPARATE RECORDS AND AUDITS NOT RE11 QUIRED.—Notwithstanding any other provision of 

12 law, including any regulation or circular of any 

13 agency (including Circular A–133 of the Office of 

14 Management and Budget), a participating Indian 

15 tribe or tribal organization shall not be required— 

16 ‘‘(A) to maintain separate records tracing 

17 any services or activities conducted under the 

18 approved plan of the Indian tribe or tribal orga19 nization to the individual programs under which 

20 funds were authorized or transferred; 

21 ‘‘(B) to allocate expenditures among the 

22 individual programs; or 

23 ‘‘(C) to audit expenditures by original pro24 gram source.’’; and 


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1 (B) by striking subsection (b) and insert2 ing the following: 

3 ‘‘(b) OVERAGE; CARRYOVER; INDIRECT COSTS.— 

4 ‘‘(1) OVERAGE.— 

5 ‘‘(A) IN GENERAL.—All administrative 

6 costs may be commingled and participating In7 dian tribes shall be entitled to the full amount 

8 of the costs, subject to the regulations of each 

9 program or department. 

10 ‘‘(B) AUDIT PURPOSES.—The difference 

11 between the amount of the commingled funds 

12 and the actual administrative cost of the pro13 grams, or the overage, shall be considered to be 

14 properly spent for Federal audit purposes, if 

15 the overage is used to carry out this Act. 

16 ‘‘(C) REQUIREMENTS.—Amounts described 

17 in subparagraphs (A) and (B) shall be required 

18 to be obligated or expended consistent with the 

19 plan of the Indian tribe or tribal organization, 

20 but no additional justification or documentation 

21 of the purposes shall be required to be provided 

22 by the Indian tribe or tribal organization as a 

23 condition of receiving or expending the funds. 

24 ‘‘(2) CARRYOVER.— 


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1 ‘‘(A) IN GENERAL.—For each fiscal year, 

2 any amounts transferred to an Indian tribe or 

3 tribal organization pursuant to this Act that re4 main unobligated or unexpended shall remain 

5 available for obligation or expenditure without 

6 fiscal year limitation. 

7 ‘‘(B) REQUIREMENTS.—Amounts described 

8 in subparagraph (A) shall be required to be ob9 ligated or expended consistent with the plan of 

10 the Indian tribe or tribal organization, but no 

11 additional justification or documentation shall 

12 be required of the Indian tribe or tribal organi13 zation as a condition of receiving or expending 

14 the amounts. 

15 ‘‘(3) INDIRECT COSTS.—Notwithstanding any 

16 other provision of law, an Indian tribe or tribal orga17 nization shall be entitled to recover the full indirect 

18 costs associated with any amounts transferred to the 

19 Indian tribe or tribal organization pursuant to this 

20 Act, at the applicable indirect cost rate of the Indian 

21 tribe or tribal organization, as approved by the rel22 evant Federal agency.’’; and 

23 (11) by amending section 16 (25 U.S.C. 3415) 

24 to read as follows: 


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1 ‘‘SEC. 16. REPORT ON STATUTORY OBSTACLES TO PRO2 GRAM INTEGRATION. 

3 ‘‘(a) IN GENERAL.—Not later than 3 years after the 

4 date of enactment of the Native American Employment 

5 Act of 2010, the advisory committee established pursuant 

6 to section 11(b)(2) shall submit to the Committee on In7 dian Affairs and the Committee on Finance of the Senate 

8 and the Committee on Natural Resources and the Com9 mittee on Education and Labor of the House of Rep10 resentatives a report on the implementation and adminis11 tration of this Act and any inter-agency or Federal-tribal 

12 conflicts in the administration of this Act. 

13 ‘‘(b) REQUIREMENTS.—The report shall identify any 

14 barriers to the ability of tribal governments to integrate 

15 more effectively the employment, training, and related 

16 services of the tribal governments in a manner consistent 

17 with the purposes of this Act. 

18 ‘‘(c) FEASIBILITY STUDY.—Not later than 18 

19 months after the date of enactment of Native American 

20 Employment Act of 2010, the Comptroller General of the 

21 United States shall publish a study on the feasibility of 

22 expanding the integration program established under this 

23 Act to other Federal agencies that provide funding for em24 ployment, training, and related services to Indian tribes 

25 and tribal organizations.’’. 


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1 SEC. 6. NATIVE INITIATIVES. 

2 (a) IN GENERAL.—Section 104 of the Community 

3 Development Banking and Financial Institutions Act of 

4 1994 (12 U.S.C. 4703) is amended by adding at the end 

5 the following: 

6 ‘‘(l) NATIVE INITIATIVES.— 

7 ‘‘(1) DEFINITIONS.—In this subsection: 

8 ‘‘(A) EMERGING NATIVE COMMUNITY DE9 VELOPMENT FINANCIAL INSTITUTION.—The 

10 term ‘emerging Native community development 

11 financial institution’ means an entity that— 

12 ‘‘(i) primarily serves a Native commu13 nity; and 

14 ‘‘(ii) demonstrates to the satisfaction 

15 of the Fund that the entity has a reason16 able plan to achieve certification as a Na17 tive community development financial insti18 tution. 

19 ‘‘(B) INDIAN TRIBE.—The terms ‘Indian’ 

20 and ‘Indian tribe’ have the meaning given the 

21 terms in section 4 of the Indian Self Deter22 mination and Education Assistance Act (25 

23 U.S.C. 450b). 

24 ‘‘(C) NATIVE COMMUNITY.—The term ‘Na25 tive community’ means targeted populations 

26 comprising— 


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1 ‘‘(i) Indian tribes; or 

2 ‘‘(ii) Native Hawaiians, as that term 

3 is defined in section 116 of the Carl D. 

4 Perkins Career and Technical Education 

5 Act of 2006 (20 U.S.C. 2326). 

6 ‘‘(D) NATIVE COMMUNITY DEVELOPMENT

7 FINANCIAL INSTITUTION.—The term ‘Native 

8 community development financial institution’ 

9 means a community development financial insti10 tution that primarily serves a Native commu11 nity. 

12 ‘‘(2) ESTABLISHMENT AND PURPOSES.— 

13 ‘‘(A) IN GENERAL.—Not later than 90 

14 days after the date of enactment of this sub15 section, the Administrator shall establish the 

16 Native Initiatives as a component of the Fund. 

17 ‘‘(B) PURPOSES.—The purposes of the Na18 tive Initiatives are— 

19 ‘‘(i) to assist Native community devel20 opment financial institutions to overcome 

21 barriers preventing access to credit, cap22 ital, and financial services in Native com23 munities; 

24 ‘‘(ii) to foster the development of new 

25 Native community development financial 


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1 institutions, strengthen the operational ca2 pacity of existing Native community devel3 opment financial institutions, and guide 

4 Native community development financial 

5 institutions in the establishment of impor6 tant financial education and asset building 

7 programs for the applicable Native commu8 nities; 

9 ‘‘(iii) to provide seed capital for loan 

10 products to new and emerging Native com11 munity development financial institutions; 

12 and 

13 ‘‘(iv) to serve as the point of contact 

14 for an authorized Native community rep15 resentative with respect to issues relating 

16 to access to credit, capital, and financial 

17 services in Native communities. 

18 ‘‘(3) ACTIVITIES.— 

19 ‘‘(A) IN GENERAL.—Through the Native 

20 Initiatives, the Fund shall provide to emerging 

21 and existing Native community development fi22 nancial institutions— 

23 ‘‘(i) outreach in accordance with sec24 tion 105(c); 


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1 ‘‘(ii) financial assistance and technical 

2 assistance in accordance with section 108; 

3 and 

4 ‘‘(iii) training in accordance with sec5 tion 109. 

6 ‘‘(B) MATCHING REQUIREMENTS.—In pro7 viding assistance under this subsection, the Sec8 retary may apply matching requirements under 

9 section 108(e) at the discretion of the Sec10 retary. 

11 ‘‘(4) IMPLEMENTATION.—Not later than 180 

12 days after the date of enactment of this subsection, 

13 the Administrator shall prescribe regulations and 

14 guidelines to carry out this subsection. 

15 ‘‘(5) CONSULTATION WITH TRIBAL GOVERN16 MENTS.—In reviewing the performance of any as17 sisted Native community development financial insti18 tution, the Fund shall conduct regular and meaning19 ful consultation with, and seek input from, any ap20 propriate authorized Native community. 

21 ‘‘(6) REPORT.—Each year, the Fund shall sub22 mit to the Committee on Indian Affairs and the 

23 Committee on Banking, Housing, and Urban Devel24 opment of the Senate and the Committee on Natural 

25 Resources and the Committee on Financial Services 


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1 of the House of Representatives a report on the Na2 tive Initiatives regarding the effectiveness of the pro3 gram developed under this subsection.’’. 

4 (b) CONFORMING AMENDMENT.—Section 121(a)(5) 

5 of the Community Development Banking and Financial 

6 Institutions Act of 1994 (12 U.S.C. 4718(a)(5)) is amend7 ed by inserting before the period at the end the following: 

8 ‘‘, including funds, in an amount of not less than 10 per9 cent of the amounts appropriated to the Fund for any fis10 cal year under paragraph (1), to carry out section 

11 104(l).’’. 

12 SEC. 7. BUY INDIAN. 

13 (a) IN GENERAL.—Section 23 of the Act of June 25, 

14 1910 (25 U.S.C. 47) (commonly known as the ‘‘Buy In15 dian Act’’) is amended— 

16 (1) in the first sentence, by striking ‘‘So far as 

17 may be’’ and inserting the following: 

18 ‘‘(a) IN GENERAL.—To the maximum extent’’; 

19 (2) in the second sentence, by striking ‘‘Partici20 pation’’ and inserting the following: 

21 ‘‘(k) DEVELOPMENTAL ASSISTANCE.— 

22 ‘‘(1) IN GENERAL.—Participation’’; 

23 (3) in the last sentence, by striking ‘‘For the 

24 purposes of this section—’’ and inserting the fol25 lowing: 


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1 ‘‘(2) SPECIFICATIONS.—For purposes of para2 graph (1)—’’; and 

3 (4) by inserting after subsection (a) (as des4 ignated by paragraph (1)) the following: 

5 ‘‘(b) REQUIREMENTS.—To the maximum extent 

6 practicable and notwithstanding any other provision of 

7 law, in any case in which funds are appropriated for the 

8 benefit of Indians, the Secretary shall direct that Indian 

9 labor shall be employed and any contract to fulfill require10 ments for goods or services, manufacturing, or construc11 tion, renovation, or demolition work (including, at a min12 imum, housing, schools, other facilities, roads, bridges, 

13 and other infrastructure projects) shall be awarded to an 

14 Indian organization or economic enterprise (as those 

15 terms are defined in section 3 of the Indian Financing 

16 Act of 1974 (25 U.S.C. 1452)). 

17 ‘‘(c) ADVERTISEMENT.—To the maximum extent 

18 practicable, contracts to which this section applies shall 

19 be advertised sufficiently in advance of the selection proc20 ess and the date that contract performance is required in 

21 a manner that permits a subsequent open market adver22 tisement of the contract if the contract cannot be awarded 

23 under the limited competition provided in this section. 


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1 ‘‘(d) IMPLEMENTATION.—To implement the con2 tracting directive under subsection (a), a contracting offi3 cer— 

4 ‘‘(1) shall limit the competition for award of a 

5 contract to Indian economic enterprises if— 

6 ‘‘(A) there is a reasonable expectation that 

7 offers will be obtained from at least 3 unaffili8 ated responsible offerors; and 

9 ‘‘(B) the contract can be awarded at a fair 

10 and reasonable price; 

11 ‘‘(2) shall consider the extent to which the 

12 offerors will provide positive economic impact, in13 cluding training and employment of Indians in con14 nection with contract performance and in subcon15 tracting any work under the contract, on 1 or more 

16 Indian reservations (as defined in section 3 of the 

17 Indian Financing Act of 1974 (25 U.S.C. 1452)); 

18 ‘‘(3) may, if only 1 offer is received under a 

19 competition limited to Indian economic enterprises, 

20 negotiate an award of the contract at a fair and rea21 sonable price to the offering Indian economic enter22 prise; and 

23 ‘‘(4) shall not make an award of any contract 

24 subject to this section until the prospective awardee 

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1 formance that will maximize the use of qualified In2 dian labor, supplies, and economic enterprises as 

3 subcontractors. 

4 ‘‘(e) OTHER CIRCUMSTANCES.— 

5 ‘‘(1) IN GENERAL.—If it is not feasible for com6 petition to be limited as provided in subsection (d) 

7 and the contracting officer elects to award the con8 tract after full and open competition, the contract 

9 shall be awarded to any responsible Indian economic 

10 enterprise submitting the lowest bid submitted by a 

11 responsible Indian economic enterprise, if that bid 

12 does not exceed the bid submitted by any other re13 sponsible bidder by more than 10 percent. 

14 ‘‘(2) OTHER DETERMINATIVE FACTOR.—If a 

15 factor other than price is determinative in the award 

16 of a contract, the contracting officer shall use a 

17 comparable method to provide a preference to Indian 

18 economic enterprises in the selection process. 

19 ‘‘(f) WAIVER.—The requirements of this section may 

20 be waived only if— 

21 ‘‘(1) there are extraordinary circumstances; and 

22 ‘‘(2) the Assistant Secretary of the Interior for 

23 Indian Affairs makes the waiver determination. 

24 ‘‘(g) UTILIZATION.—The Secretary shall provide a 

25 preference to an Indian economic enterprise in the award 


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1 of a contract that does not involve funds appropriated for 

2 the benefit of Indians by an agency within the Department 

3 of the Interior if the Secretary determines that the pref4 erence will help fulfill the special responsibilities of the 

5 Secretary to 1 or more Indian tribes. 

6 ‘‘(h) APPROPRIATED FOR THE BENEFIT OF INDI7 ANS.—For purposes of this section, funds awarded or dis8 tributed under a contract are appropriated for the benefit 

9 of Indians if— 

10 ‘‘(1) Indians are the primary beneficiaries of 

11 the contract; and 

12 ‘‘(2) the majority of the activity to be under13 taken under the contract takes place on or near 

14 boundaries of reservations (as defined in section 3 of 

15 the Indian Financing Act of 1974 (25 U.S.C. 

16 1452)). 

17 ‘‘(i) OTHER AGENCIES.—Nothing in this section pre18 cludes the Indian Health Service or the Administration of 

19 Native Americans within the Department of Health and 

20 Human Services, the Office of Native American Programs 

21 in the Department of Housing and Urban Development, 

22 or any other Federal agency from using, at the discretion 

23 of the agency, the preferences provided under this section 

24 in cases in which funds are appropriated for the benefit 

25 of Indians. 


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1 ‘‘(j) CERTIFICATION.— 

2 ‘‘(1) IN GENERAL.—An Indian economic enter3 prise seeking a contract award pursuant to this sec4 tion shall— 

5 ‘‘(A) certify that the enterprise is an In6 dian economic enterprise eligible for award of a 

7 contract or subcontract under this section; and 

8 ‘‘(B) submit an affidavit certifying compli9 ance with the requirements set out by the agen10 cy awarding the contract or subcontract. 

11 ‘‘(2) INVESTIGATION.—Nothing in this section 

12 prohibits the Secretary of the Interior, in conducting 

13 a pre-award review, from— 

14 ‘‘(A) investigating the eligibility of an en15 terprise; or 

16 ‘‘(B) determining at that stage that an ap17 parent awardee is, in fact, not eligible for award 

18 under this section. 

19 ‘‘(3) PROTEST.—The regulations of the Depart20 ment of the Interior implementing this section and 

21 providing for protest to challenge and enter an In22 dian economic enterprise certification shall provide 

23 that the eligible protestors include— 

24 ‘‘(A) the Indian tribe on whose reservation 

25 the contract is to be carried out; and 


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1 ‘‘(B) any other offerors eligible to submit 

2 offers for contract award under this section. 

3 ‘‘(4) ENFORCEMENT.—This section shall be 

4 subject to the relevant provisions of— 

5 ‘‘(A) the Act of August 27, 1935 (25 

6 U.S.C. 305 et seq.) (commonly known as the 

7 ‘Indian Arts and Crafts Act’); and 

8 ‘‘(B) section 1159 of title 18, United 

9 States Code.’’. 

10 (b) DATABASE.— 

11 (1) DEFINITIONS.—In this section: 

12 (A) DATA CENTER.—The term ‘‘Data Cen13 ter’’ means the Indian Economic Enterprise 

14 Data Center established under paragraph (2). 

15 (B) ELIGIBLE ENTITY.—The term ‘‘eligible 

16 entity’’ means a tribal, private, public, or edu17 cational institution with experience in Indian 

18 business development. 

19 (C) INDIAN ECONOMIC ENTERPRISE.—The 

20 term ‘‘Indian economic enterprise’’ has the 

21 meaning given the term in section 3 of the In22 dian Financing Act of 1974 (25 U.S.C. 1452). 

23 (2) ESTABLISHMENT.—The Secretary shall 

24 enter into 1 or more contracts with an eligible entity 


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1 to establish and operate an Indian Economic Enter2 prise Data Center. 

3 (3) RESPONSIBILITIES.—The responsibilities of 

4 the Data Center shall include— 

5 (A) listing Indian economic enterprises eli6 gible for various Federal minority preference 

7 programs; 

8 (B) listing the businesses in which the en9 terprises are engaged; 

10 (C) listing the experience of the enterprises 

11 in fulfilling contract obligations; 

12 (D) listing the capabilities of the enter13 prises; 

14 (E) verifying preference information and 

15 documentation submitted to the Data Center; 

16 (F) listing advance procurement informa17 tion for the purposes of bid matching contract 

18 opportunities to contractor capabilities; 

19 (G) listing known front organizations or 

20 fraudulent operators; and 

21 (H) providing such additional information 

22 as the Secretary considers to be appropriate. 

23 (4) INFORMATION DISSEMINATION.—Each year, 

24 the Data Center shall provide a list of Indian ecoVerDate Mar 15 2010 03:37 Jun 10, 2010 Jkt 089200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S3471.IS S3471

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1 nomic enterprises eligible for various minority pref2 erences to— 

3 (A) the Federal agencies that administer 

4 the preferences; and 

5 (B) any private entities that request the 

6 list. 

7 (5) ELIGIBLE ENTITIES.—Entities eligible to 

8 enter into a contract under paragraph (2) shall be 

9 tribal, private, public, or educational institutions 

10 with experience in Indian business development. 

11 (c) REPORTING REQUIREMENTS.—Each year, the 

12 Secretary of the Interior shall submit to the Committee 

13 on Indian Affairs of the Senate and the Committee on 

14 Natural Resources of the House of Representatives a re15 port describing the status of Indian economic enterprises 

16 under this section and section 23 of the Act of June 25, 

17 1910 (25 U.S.C. 47) (commonly known as the ‘‘Buy In18 dian Act’’) across the entire Department of the Interior 

19 and the information from the Data Center. 

20 SEC. 8. NATIVE AMERICAN SMALL BUSINESS DEVELOP21 MENT PROGRAM. 

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

23 amended— 

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


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

2 Associate Administrators’’ and inserting ‘‘6 As3 sociate Administrators’’; and 

4 (B) by inserting after the fifth sentence 

5 the following: ‘‘1 Associate Administrator shall 

6 be the Associate Administrator of the Office of 

7 Native American Affairs established by section 

8 44.’’; 

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

10 and 

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

12 657o) the following: 

13 ‘‘SEC. 44. NATIVE AMERICAN SMALL BUSINESS DEVELOP14 MENT PROGRAM. 

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

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

17 ‘Associate Administrator’ means the Associate Ad18 ministrator of the Office of Native American Affairs 

19 established under subsection (b). 

20 ‘‘(2) CENTER; NATIVE AMERICAN BUSINESS

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

22 business center’ mean a center established under 

23 subsection (c). 

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

25 applicant’ means— 


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1 ‘‘(A) a tribal college; 

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

3 ‘‘(i) that provides business and finan4 cial or procurement technical assistance to 

5 1 or more Native American communities; 

6 and 

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

8 or more Native American communities; or 

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

10 women’s business center, or other private orga11 nization participating in a joint project. 

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

13 means a project that— 

14 ‘‘(A) combines the resources and expertise 

15 of 2 or more distinct entities at a physical loca16 tion dedicated to assisting the Native American 

17 community; and 

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

19 application that contains— 

20 ‘‘(i) a certification that each partici21 pant of the project— 

22 ‘‘(I) is an eligible applicant; 

23 ‘‘(II) employs an executive direc24 tor or program manager to manage 

25 the center; and 


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1 ‘‘(ii) information demonstrating a 

2 record of commitment to providing assist3 ance to Native Americans; and 

4 ‘‘(iii) information demonstrating that 

5 the participants in the joint project have 

6 the ability and resources to meet the 

7 needs, including the cultural needs, of the 

8 Native Americans to be served by the 

9 project. 

10 ‘‘(5) NATIVE AMERICAN SMALL BUSINESS CON11 CERN.—The term ‘Native American small business 

12 concern’ means a small business concern that is at 

13 least 51 percent owned and controlled by— 

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

15 Organization, as the terms are described in 

16 paragraphs (13) and (15) of section 8(a), re17 spectively; or 

18 ‘‘(B) 1 or more individuals members of an 

19 Indian tribe or Native Hawaiian Organization. 

20 ‘‘(6) NATIVE AMERICAN SMALL BUSINESS DE21 VELOPMENT PROGRAM.—The term ‘Native American 

22 small business development program’ means the pro23 gram established under subsection (c). 


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

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

3 section 3. 

4 ‘‘(8) SMALL BUSINESS DEVELOPMENT CEN5 TER.—The term ‘small business development center’ 

6 means a small business development center described 

7 in section 21. 

8 ‘‘(9) TRIBAL COLLEGE.—The term ‘tribal col9 lege’ has the meaning given the term ‘tribally con10 trolled college or university’ in section 2(a) of the 

11 Tribally Controlled Community College Assistance 

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

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

14 has the meaning given the term ‘reservation’ in sec15 tion 3 of the Indian Financing Act (25 U.S.C. 

16 1452). 

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

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

19 within the Administration the Office of Native 

20 American Affairs, which, under the direction of the 

21 Associate Administrator, shall implement the pro22 grams of the Administration for the development of 

23 business enterprises by Native Americans. 


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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 


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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; 


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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 03:37 Jun 10, 2010 Jkt 089200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S3471.IS S3471

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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) 3-YEAR PROJECTS.— 

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

25 under paragraph (1)(A) shall conduct a 3-year 


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•S 3471 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; 


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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 


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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 year of 

23 the project, not less than 50 per24 cent of the amount of the finanVerDate Mar 15 2010 03:37 Jun 10, 2010 Jkt 089200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\S3471.IS S3471

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1 cial assistance received under this 

2 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 


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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 3-YEAR PLAN.— 

8 Each applicant for assistance under paragraph 

9 (1) shall submit a 3-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. 


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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 


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•S 3471 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 


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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 

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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 3-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 


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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 


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•S 3471 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 


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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; 


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1 ‘‘(IV) the center has failed to 

2 carry out the 3-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 


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•S 3471 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— 


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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 

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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; 


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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.’’. 


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53 

•S 3471 IS

1 SEC. 9. QUALIFIED SCHOOL CONSTRUCTION BOND ESCROW 

2 ACCOUNT. 

3 Part B of title II of the Indian Self-Determination 

4 and Education Assistance Act (25 U.S.C. 458) is amended 

5 by adding at the end the following: 

6 ‘‘SEC. 205. AUTHORIZATION TO ESTABLISH QUALIFIED 

7 SCHOOL CONSTRUCTION BOND ESCROW AC8 COUNT. 

9 ‘‘(a) IN GENERAL.—Pursuant to the authority grant10 ed under section 54F(d)(4) of the Internal Revenue Code 

11 of 1986, the Secretary shall establish a qualified school 

12 construction bond escrow account for the purpose of im13 plementing section 54F of the Internal Revenue Code of 

14 1986. 

15 ‘‘(b) TRANSFER TO ESCROW ACCOUNT.— 

16 ‘‘(1) IN GENERAL.—The Secretary shall allo17 cate to the escrow account described in subsection 

18 (a) amounts described in section 54F(d)(4) of the 

19 Internal Revenue Code of 1986. 

20 ‘‘(2) OTHER FUNDS.—The Secretary shall ac21 cept and disburse to the escrow account described in 

22 subsection (a) amounts received to carry out this 

23 section from other sources, including other Federal 

24 agencies, non-Federal public agencies, and private 

25 sources.’’. 

Æ 


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