‘‘(ii) experience providing culturally 
tailored small business development assist-
ance to Native Americans. 
‘‘(C) EMPLOYMENT STATUS.—The Admin-
istrator shall establish the position of Associate 
Administrator, who shall— 
‘‘(i) be an appointee in the Senior Ex-
ecutive Service (as defined in section 
3132(a) of title 5, United States Code); 
and 
‘‘(ii) shall report to and be responsible 
directly to the Administrator. 
‘‘(D) RESPONSIBILITIES
AND
DUTIES.— 
The Associate Administrator shall— 
‘‘(i) administer and manage the Na-
tive American small business development 
program; 
‘‘(ii) formulate, execute, and promote 
the policies and programs of the Adminis-
tration that provide assistance to small 
business concerns owned and controlled by 
Native Americans; 
‘‘(iii) act as an ombudsman for full 
consideration of Native Americans in all 
programs of the Administration; 
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‘‘(iv) recommend the annual adminis-
trative and program budgets for the Office 
of Native American Affairs; 
‘‘(v) consult with Native American 
business centers in carrying out the Native 
American small business development pro-
gram; 
‘‘(vi) recommend appropriate funding 
levels; 
‘‘(vii) review the annual budgets sub-
mitted by each applicant for the Native 
American small business development pro-
gram; 
‘‘(viii) select applicants to participate 
in the Native American small business de-
velopment program; 
‘‘(ix) implement this section; and 
‘‘(x) maintain a clearinghouse for the 
dissemination and exchange of information 
between all Administration-sponsored busi-
ness centers. 
‘‘(E) CONSULTATION REQUIREMENTS.—In 
carrying out the responsibilities and duties de-
scribed in this paragraph, the Associate Admin-
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istrator shall confer with and seek the advice 
of— 
‘‘(i) officials of the Administration 
working in areas served by Native Amer-
ican business centers; and 
‘‘(ii) eligible applicants. 
‘‘(c) NATIVE AMERICAN SMALL BUSINESS DEVELOP-
MENT PROGRAM.— 
‘‘(1) FINANCIAL ASSISTANCE.— 
‘‘(A) IN
GENERAL.—The Administration, 
acting through the Associate Administrator, 
shall provide financial assistance to eligible ap-
plicants to establish Native American business 
centers in accordance with this section. 
‘‘(B) USE OF FUNDS.—The financial and 
resource assistance provided under this sub-
section shall be used to establish a Native 
American business center to overcome obstacles 
impeding the establishment, development, and 
expansion of small business concerns, in accord-
ance with this section. 
‘‘(2) 5-YEAR PROJECTS.— 
‘‘(A) IN
GENERAL.—Each Native Amer-
ican business center that receives assistance 
under paragraph (1)(A) shall conduct a 5-year 
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project that offers culturally tailored business 
development assistance in the form of— 
‘‘(i) financial education, including 
training and counseling in— 
‘‘(I) applying for and securing 
business credit and investment cap-
ital; 
‘‘(II) preparing and presenting fi-
nancial statements; and 
‘‘(III) managing cash flow and 
other financial operations of a busi-
ness concern; 
‘‘(ii) management education, including 
training and counseling in planning, orga-
nizing, staffing, directing, and controlling 
each major activity and function of a small 
business concern; and 
‘‘(iii) marketing education, including 
training and counseling in— 
‘‘(I) identifying and segmenting 
domestic and international market op-
portunities; 
‘‘(II) preparing and executing 
marketing plans; 
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‘‘(III) developing pricing strate-
gies; 
‘‘(IV) locating contract opportu-
nities; 
‘‘(V) negotiating contracts; and 
‘‘(VI) using varying public rela-
tions and advertising techniques. 
‘‘(B) BUSINESS
DEVELOPMENT
ASSIST-
ANCE RECIPIENTS.—The business development 
assistance under subparagraph (A) shall be of-
fered to prospective and current owners of Na-
tive American small business concerns. 
‘‘(3) FORM
OF
FEDERAL
FINANCIAL
ASSIST-
ANCE.— 
‘‘(A) DOCUMENTATION.—The financial as-
sistance to Native American business centers 
authorized under this subsection may be made 
by grant, contract, or cooperative agreement. 
‘‘(B) PAYMENTS.— 
‘‘(i) TIMING.—Payments made under 
this subsection may be disbursed in peri-
odic installments, at the request of the re-
cipient. 
‘‘(ii) ADVANCE.—The Administrator 
may disburse not more than 25 percent of 
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the annual amount of Federal financial as-
sistance awarded to a Native American 
business center after notice of the award 
has been issued. 
‘‘(C) NON-FEDERAL CONTRIBUTIONS.— 
‘‘(i) IN GENERAL.— 
‘‘(I) INITIAL FINANCIAL ASSIST-
ANCE.—Except as provided in sub-
clause (II), an eligible applicant that 
receives financial assistance under this 
subsection shall provide non-Federal 
contributions for the operation of the 
Native American business center es-
tablished by the eligible applicant in 
an amount equal to— 
‘‘(aa) in each of the first 
and second years of the project, 
not less than 33 percent of the 
amount of the financial assist-
ance received under this sub-
section; and 
‘‘(bb) in the third through 
fifth years of the project, not less 
than 50 percent of the amount of 
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the financial assistance received 
under this subsection. 
‘‘(II) RENEWALS.—An eligible 
applicant that receives a renewal of fi-
nancial assistance under this sub-
section shall provide non-Federal con-
tributions for the operation of a Na-
tive American business center estab-
lished by the eligible applicant in an 
amount equal to not less than 50 per-
cent of the amount of the financial as-
sistance received under this sub-
section. 
‘‘(III) 
EXCEPTIONS.—The 
re-
quirements of this section may be 
waived at the discretion of the Admin-
istrator, based on an evaluation of the 
ability of the eligible applicant to pro-
vide non-Federal contributions. 
‘‘(4) CONTRACT
AND
COOPERATIVE
AGREE-
MENT
AUTHORITY.—A Native American business 
center may enter into a contract or cooperative 
agreement with a Federal department or agency to 
provide specific assistance to Native American and 
other underserved small business concerns located on 
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or near tribal land, to the extent that the contract 
or cooperative agreement is consistent with and does 
not duplicate the terms of any assistance received by 
the Native American business center from the Ad-
ministration. 
‘‘(5) APPLICATION PROCESS.— 
‘‘(A) SUBMISSION OF A 5-YEAR PLAN.— 
Each applicant for assistance under paragraph 
(1) shall submit a 5-year plan to the Adminis-
tration on proposed assistance and training ac-
tivities. 
‘‘(B) CRITERIA.— 
‘‘(i) IN GENERAL.—The Administrator 
shall evaluate applicants for financial as-
sistance under this subsection in accord-
ance with selection criteria that are— 
‘‘(I) established before the date 
on which eligible applicants are re-
quired to submit the applications; 
‘‘(II) stated in terms of relative 
importance; and 
‘‘(III) publicly available and stat-
ed in each solicitation for applications 
for financial assistance under this 
subsection made by the Administrator. 
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‘‘(ii) CONSIDERATIONS.—The criteria 
required by this subparagraph shall in-
clude— 
‘‘(I) the experience of the appli-
cant in conducting programs or ongo-
ing efforts designed to impart or up-
grade the business skills of current or 
potential owners of Native American 
small business concerns; 
‘‘(II) the ability of the applicant 
to commence a project within a min-
imum amount of time; 
‘‘(III) the ability of the applicant 
to provide quality training and serv-
ices to a significant number of Native 
Americans; 
‘‘(IV) previous assistance from 
the Administration to provide services 
in Native American communities; 
‘‘(V) the proposed location for 
the Native American business center, 
with priority given based on the prox-
imity of the center to the population 
being served and to achieve a broad 
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geographic dispersion of the centers; 
and 
‘‘(VI) demonstrated experience in 
providing technical assistance, includ-
ing financial, marketing, and manage-
ment assistance. 
‘‘(6) CONDITIONS FOR PARTICIPATION.—Each 
eligible applicant desiring a grant under this sub-
section shall submit an application to the Adminis-
trator that contains— 
‘‘(A) a certification that the applicant— 
‘‘(i) is an eligible applicant; 
‘‘(ii) employs a full-time executive di-
rector, project director, or program man-
ager to manage the Native American busi-
ness center; and 
‘‘(iii) agrees— 
‘‘(I) to a site visit by the Admin-
istrator as part of the final selection 
process; 
‘‘(II) to an annual programmatic 
and financial examination; and 
‘‘(III) to the maximum extent 
practicable, to remedy any problems 
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identified pursuant to that site visit or 
examination; 
‘‘(B) information demonstrating that the 
applicant has the ability and resources to meet 
the needs, including cultural needs, of the Na-
tive Americans to be served by the grant; 
‘‘(C) information relating to proposed as-
sistance that the grant will provide, including— 
‘‘(i) the number of individuals to be 
assisted; and 
‘‘(ii) the number of hours of coun-
seling, training, and workshops to be pro-
vided; 
‘‘(D) information demonstrating the effec-
tiveness and experience of the applicant in— 
‘‘(i) conducting financial, manage-
ment, and marketing assistance programs 
designed to educate or improve the busi-
ness skills of current or prospective Native 
American business owners; 
‘‘(ii) providing training and services to 
a representative number of Native Ameri-
cans; 
‘‘(iii) using resource partners of the 
Administration and other entities, includ-
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ing institutions of higher education, Indian 
tribes, or tribal colleges; and 
‘‘(iv) the prudent management of fi-
nances and staffing; 
‘‘(E) the location at which the applicant 
will provide training and services to Native 
Americans; 
‘‘(F) a 5-year plan that describes— 
‘‘(i) the number of Native Americans 
and Native American small business con-
cerns to be served by the grant; 
‘‘(ii) if the Native American business 
center is located in the continental United 
States, the number of Native Americans to 
be served by the grant; and 
‘‘(iii) the training and services to be 
provided to a representative number of Na-
tive Americans; and 
‘‘(G) if the applicant is a joint project— 
‘‘(i) a certification that each partici-
pant in the joint project is an eligible ap-
plicant; 
‘‘(ii) information demonstrating a 
record of commitment to providing assist-
ance to Native Americans; and 
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‘‘(iii) information demonstrating that 
the participants in the joint project have 
the ability and resources to meet the 
needs, including the cultural needs, of the 
Native Americans to be served by the 
grant. 
‘‘(7) REVIEW OF APPLICATIONS.—The Adminis-
trator shall approve or disapprove each completed 
application submitted under this subsection not later 
than 90 days after the date on which the eligible ap-
plicant submits the application. 
‘‘(8) PROGRAM EXAMINATION.— 
‘‘(A) IN
GENERAL.—Each Native Amer-
ican business center established under this sub-
section shall annually provide to the Adminis-
trator an itemized cost breakdown of actual ex-
penditures made during the preceding year. 
‘‘(B) ADMINISTRATION ACTION.—Based on 
information received under subparagraph (A), 
the Administration shall— 
‘‘(i) develop and implement an annual 
programmatic and financial examination of 
each Native American business center as-
sisted pursuant to this subsection; and 
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‘‘(ii) analyze the results of each exam-
ination conducted under clause (i) to deter-
mine the programmatic and financial via-
bility of each Native American business 
center. 
‘‘(C) CONDITIONS FOR CONTINUED FUND-
ING.—In determining whether to renew a grant, 
contract, or cooperative agreement with a Na-
tive American business center, the Administra-
tion— 
‘‘(i) shall consider the results of the 
most recent examination of the center 
under subparagraph (B), and, to a lesser 
extent, previous examinations; and 
‘‘(ii) may withhold the renewal, if the 
Administrator determines that— 
‘‘(I) the center has failed to pro-
vide the information required to be 
provided under subparagraph (A), or 
the information provided by the center 
is inadequate; 
‘‘(II) the center has failed to pro-
vide adequate information required to 
be provided by the center for purposes 
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‘‘(IV) the center has failed to 
carry out the 5-year plan under in 
paragraph (6)(F); or 
‘‘(V) the center cannot make the 
certification described in paragraph 
(6)(A). 
‘‘(D) CONTINUING CONTRACT AND COOP-
ERATIVE AGREEMENT AUTHORITY.— 
‘‘(i) IN GENERAL.—The authority of 
the Administrator to enter into contracts 
or cooperative agreements in accordance 
with this subsection shall be in effect for 
each fiscal year only to the extent and in 
the amounts as are provided in advance in 
appropriations Acts. 
‘‘(ii) RENEWAL.—After the Adminis-
trator has entered into a contract or coop-
erative agreement with any Native Amer-
ican business center under this subsection, 
the Administrator may not suspend, termi-
nate, or fail to renew or extend any such 
contract or cooperative agreement unless 
the Administrator— 
‘‘(I) provides the center with 
written notification that describes the 
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reasons for the action of the Adminis-
trator; and 
‘‘(II) affords the center an oppor-
tunity for a hearing, appeal, or other 
administrative proceeding under chap-
ter 5 of title 5, United States Code. 
‘‘(E) ANNUAL MANAGEMENT REPORT.— 
‘‘(i) IN GENERAL.—The Administrator 
shall prepare and submit to the Committee 
on Small Business and Entrepreneurship 
and the Committee on Indian Affairs of 
the Senate and the Committee on Small 
Business and the Committee on Natural 
Resources of the House of Representatives 
an annual report on the effectiveness of all 
projects conducted by Native American 
business centers under this subsection and 
any pilot programs administered by the Of-
fice of Native American Affairs. 
‘‘(ii) CONTENTS.—Each report sub-
mitted under clause (i) shall include, with 
respect to each Native American business 
center receiving financial assistance under 
this subsection— 
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‘‘(I) the number of individuals re-
ceiving assistance from the Native 
American business center; 
‘‘(II) the number of startup busi-
ness concerns established with the as-
sistance of the Native American busi-
ness center; 
‘‘(III) the number of existing 
businesses in the area served by the 
Native American business center seek-
ing to expand employment; 
‘‘(IV) the number of jobs estab-
lished or maintained, on an annual 
basis, by Native American small busi-
ness concerns assisted by the center 
since receiving funding under this sec-
tion; 
‘‘(V) to the maximum extent 
practicable, the amount of the capital 
investment and loan financing used by 
emerging and expanding businesses 
that were assisted by a Native Amer-
ican business center; 
‘‘(VI) any additional information 
on the counseling and training pro-
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gram that the Administrator deter-
mines to be necessary; and 
‘‘(VII) the most recent examina-
tion, as required under subparagraph 
(B), and the determination made by 
the Administration under that sub-
paragraph. 
‘‘(9) ANNUAL REPORTS.—Each Native Amer-
ican business center receiving financial assistance 
under this subsection shall submit to the Adminis-
trator an annual report on the services provided with 
the financial assistance, including— 
‘‘(A) the number of individuals assisted, by 
tribal affiliation; 
‘‘(B) the number of hours spent providing 
counseling and training for those individuals; 
‘‘(C) the number of startup small business 
concerns established or maintained with the as-
sistance of the Native American business cen-
ter; 
‘‘(D) the gross receipts of small business 
concerns assisted by the Native American busi-
ness center; 
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‘‘(E) the number of jobs established or 
maintained by small business concerns assisted 
by the Native American business center; and 
‘‘(F) the number of jobs for Native Ameri-
cans established or maintained at small busi-
ness concerns assisted by the Native American 
business center. 
‘‘(10) RECORD RETENTION.— 
‘‘(A) APPLICATIONS.—The Administrator 
shall maintain a copy of each application sub-
mitted under this subsection for not less than 
7 years. 
‘‘(B) ANNUAL
REPORTS.—The Adminis-
trator shall maintain copies of the certification 
submitted under paragraph (6)(A) indefinitely. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—There is authorized to be 
appropriated to carry out the Native American small 
business development program $10,000,000 for each 
of fiscal years 2011 through 2013. 
‘‘(2) ADMINISTRATION.—Not more than 10 per-
cent of funds appropriated for a fiscal year may be 
used for the costs of administering the programs 
under this section.’’. 
Æ 
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