[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3471 Introduced in Senate (IS)]
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Employment Act of
2010''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
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.
SEC. 3. IMPROVING ACCESS TO CAPITAL FOR INDIAN TRIBES.
Section 201 of the Indian Financing Act of 1974 (25 U.S.C. 1481) is
amended by adding at the end the following:
``(c) Improving Access to Capital for Indian Tribes.--
``(1) In general.--The Secretary shall establish a tier
system for loans guaranteed or insured under this section that
is based on the number of on-reservation jobs created by each
loan.
``(2) Effect.--In establishing the tier system under
paragraph (1), the Secretary shall consider more favorable
equity terms or allow an increase in loan guarantees from 90
percent up to 100 percent of the unpaid principal and interest
due on any loan made under this section for energy development
or manufacturing carried out on Indian land or within a tribal
service area recognized by the Bureau of Indian Affairs.''.
SEC. 4. SURETY BOND GUARANTEES.
Section 218 of the Indian Financing Act of 1974 (25 U.S.C. 1497a)
is amended to read as follows:
``SEC. 218. SURETY BOND GUARANTEES.
``(a) Amount; Eligibility.--The Secretary may issue a guarantee up
to 100 percent of amounts covered by a surety bond issued for eligible
construction, renovation, or demolition work performed or to be
performed by an Indian individual or Indian economic enterprise.
``(b) Conditions.--
``(1) In general.--The Secretary may provide a surety bond
guarantee under this section only if the Secretary determines
that--
``(A) the guarantee is necessary for the Indian
individual or Indian economic enterprise to secure a
surety bond on commercially reasonable terms;
``(B) not more than 25 percent of the business of
the surety is comprised of bonds guaranteed pursuant to
this section; and
``(C) the surety meets eligibility standards
established by the Secretary in rules and regulations.
``(2) Prevention and mitigation of loss.--The Secretary
shall condition each surety bond guarantee to an Indian
business on the existence of--
``(A) appropriate technical assistance and advice;
and
``(B) adequate monitoring of the performance of the
project.
``(c) Fees and Charges.--
``(1) In general.--The rules and regulations promulgated by
the Secretary to carry out this section shall include the
setting of--
``(A) reasonable fees to be paid by the Indian
individual or economic enterprise; and
``(B) reasonable premium charges to be paid by
sureties.
``(2) Receipts.--The receipts from fees and charges shall
be made available to the Secretary for administration and
management of this section.''.
SEC. 5. INDIAN EMPLOYMENT, TRAINING, AND RELATED SERVICES.
The Indian Employment, Training, and Related Services Demonstration
Act of 1992 (25 U.S.C. 3401 et seq.) is amended--
(1) in section 2 (25 U.S.C. 3401), by striking ``The
purposes of this chapter are to demonstrate how Indian tribal
governments can integrate the employment, training, and related
services they provide in order'' and inserting ``The purposes
of this chapter are to promote tribal government integration of
employment, training, and related services'';
(2) in section 3 (25 U.S.C. 3402), by adding at the end the
following:
``(5) Tribal organization.--The term `tribal organization'
has meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).'';
(3) in section 4 (25 U.S.C. 3403)--
(A) by striking ``The Secretary'' and inserting the
following:
``(a) In General.--The Secretary''; and
(B) by adding at the end the following:
``(b) Single Integrated Plan.--On approval by the Secretary of a
plan submitted by an Indian tribe or tribal organization under
subsection (a), the covered programs shall be fully integrated into a
single, coordinated, comprehensive program that shall not require the
Indian tribe or tribal organization to submit to any additional
budgets, reports, audits, supplemental audits, or other documentation
requirements.
``(c) Transfer of Funds.--Notwithstanding any other provision of
law, all funds for programs and services covered by an approved plan
under this section shall, at the request of the Indian tribe or tribal
organization, be transferred to the Indian tribe or tribal organization
pursuant to an existing contract, compact, or funding agreement,
including those awarded under title I or IV of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et seq.).'';
(4) in section 5 (25 U.S.C. 3404), by striking ``in a
demonstration project under any such'' and inserting ``under
any'';
(5) in section 6 (25 U.S.C. 3405), by striking paragraph
(3) and inserting the following:
``(3) identify--
``(A) the full range of potential employment
opportunities on and near the service area of the
Indian tribe or tribal organization; and
``(B) the education, training, and related services
to be provided to assist individual Indians to access
those employment opportunities;'';
(6) by striking sections 7 and 8 (25 U.S.C. 3406, 3407) and
inserting the following:
``SEC. 7. PLAN REVIEW AND APPROVAL.
``(a) In General.--Not later than 90 days after the date of receipt
of a plan under section 4, the Secretary shall approve the plan,
including any request for a waiver that is made as part of the plan,
and authorize the transfer of funds pursuant to that plan, unless the
Secretary provides written notification of disapproval of the plan that
contains a specific finding that clearly demonstrates that, or that is
supported by a controlling legal authority that, the plan does not meet
the requirements of section 6.
``(b) Failure To Act.--Any plan that the Secretary fails to act on
by the date that is 90 days after the date of receipt (or such extended
time as may be provided under subsection (c)) shall be considered to be
approved.
``(c) Extension of Time.--Notwithstanding any other provision of
law, the Secretary may extend or otherwise modify the 90-day period
specified in subsection (a), if before the expiration of that period,
the Secretary obtains the express written consent of the Indian tribe
or tribal organization to extend or alter the period for up to 90
additional days.
``(d) Review of Decision; Applicable Provisions.--On a decision to
disapprove a plan, the following provisions of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et seq.)
shall apply to the review of the decision:
``(1) Section 102(b) (25 U.S.C. 450f(b)) (relating to the
declination process).
``(2) Section 102(e) (25 U.S.C. 450f(e)) (relating to
burden of proof and finality).
``(3) Subsections (a) and (c) of section 110 (25 U.S.C.
450m-1) (relating to appeals).'';
(7) in section 11 (25 U.S.C. 3410)--
(A) in subsection (a), by striking paragraphs (1)
through (4) and inserting the following:
``(1) the development and use of a model single report for
each approved plan submitted by an Indian tribe or tribal
organization to report on the consolidated activities
undertaken and joint expenditures made under the plan;
``(2) the provision, either directly or through contract,
of appropriate technical assistance to an Indian tribe or
tribal organization with an approved plan, on the condition
that the Indian tribe or tribal organization retains the
authority to accept the plan for providing such technical
assistance and the technical assistance provider;
``(3) the development and use of a single monitoring and
oversight system for the plan;
``(4)(A) the receipt of all funds covered by a plan
submitted by an Indian tribe or tribal organization and
approved by the Secretary; and
``(B) the distribution of all such funds to the respective
Indian tribe or tribal organization; and
``(5) the performance of activities described in section 7
relating to agency waivers and the establishment of an inter-
agency dispute resolution process.'';
(B) by redesignating subsection (b) as subsection
(c); and
(C) by inserting after subsection (a) the
following:
``(b) Interdepartmental Memorandum.--
``(1) In general.--The interdepartmental memorandum
described in subsection (a) shall include, at a minimum,
requirements for--
``(A) an annual meeting of participating Indian
tribes, tribal organizations, and Federal agencies,
with the meeting co-chaired by a representative of the
President and a representative of the participating
Indian tribes;
``(B) an annual review of the achievements under
the Act as well as statutory, regulatory,
administrative, and policy obstacles that prevent
participating Indian tribes from fully carrying out the
purposes of the Act; and
``(C) in accordance with paragraph (2), the
establishment of an advisory committee to identify and
resolve inter-agency or Federal-tribal conflicts in the
administration of the Act.
``(2) Advisory committee.--The Advisory Committee described
in paragraph (1)(C) shall--
``(A) be comprised of representatives appointed by
the Secretary of the Interior, the Secretary of Labor,
the Secretary of Health and Human Services, the
Secretary of Education, the Secretary of Commerce, the
Secretary of Transportation, and the Secretary of
Agriculture;
``(B) have 2 representatives appointed by the
Secretary of the Interior from nominations submitted by
Indian tribes or tribal organizations;
``(C) meet at least twice per year; and
``(D) be exempt from the requirements of Federal
Advisory Committee Act (5 U.S.C. App.).'';
(8) in section 12 (25 U.S.C. 3411), by striking ``tribal
government involved in any demonstration project be reduced as
a result of'' and inserting ``participating Indian tribe or
tribal organization be reduced as a result of the approval or
implementation of a plan under this Act or'';
(9) in section 13 (25 U.S.C. 3412), by striking ``a tribal
government in order to further the purposes of this Act'' and
inserting ``an Indian tribe or tribal organization in order to
further the purposes of this Act (including any amendments made
to this Act)'';
(10) in section 14 (25 U.S.C. 3413)--
(A) in subsection (a), by striking paragraph (2)
and inserting the following:
``(2) Separate records and audits not required.--
Notwithstanding any other provision of law, including any
regulation or circular of any agency (including Circular A-133
of the Office of Management and Budget), a participating Indian
tribe or tribal organization shall not be required--
``(A) to maintain separate records tracing any
services or activities conducted under the approved
plan of the Indian tribe or tribal organization to the
individual programs under which funds were authorized
or transferred;
``(B) to allocate expenditures among the individual
programs; or
``(C) to audit expenditures by original program
source.''; and
(B) by striking subsection (b) and inserting the
following:
``(b) Overage; Carryover; Indirect Costs.--
``(1) Overage.--
``(A) In general.--All administrative costs may be
commingled and participating Indian tribes shall be
entitled to the full amount of the costs, subject to
the regulations of each program or department.
``(B) Audit purposes.--The difference between the
amount of the commingled funds and the actual
administrative cost of the programs, or the overage,
shall be considered to be properly spent for Federal
audit purposes, if the overage is used to carry out
this Act.
``(C) Requirements.--Amounts described in
subparagraphs (A) and (B) shall be required to be
obligated or expended consistent with the plan of the
Indian tribe or tribal organization, but no additional
justification or documentation of the purposes shall be
required to be provided by the Indian tribe or tribal
organization as a condition of receiving or expending
the funds.
``(2) Carryover.--
``(A) In general.--For each fiscal year, any
amounts transferred to an Indian tribe or tribal
organization pursuant to this Act that remain
unobligated or unexpended shall remain available for
obligation or expenditure without fiscal year
limitation.
``(B) Requirements.--Amounts described in
subparagraph (A) shall be required to be obligated or
expended consistent with the plan of the Indian tribe
or tribal organization, but no additional justification
or documentation shall be required of the Indian tribe
or tribal organization as a condition of receiving or
expending the amounts.
``(3) Indirect costs.--Notwithstanding any other provision
of law, an Indian tribe or tribal organization shall be
entitled to recover the full indirect costs associated with any
amounts transferred to the Indian tribe or tribal organization
pursuant to this Act, at the applicable indirect cost rate of
the Indian tribe or tribal organization, as approved by the
relevant Federal agency.''; and
(11) by amending section 16 (25 U.S.C. 3415) to read as
follows:
``SEC. 16. REPORT ON STATUTORY OBSTACLES TO PROGRAM INTEGRATION.
``(a) In General.--Not later than 3 years after the date of
enactment of the Native American Employment Act of 2010, the advisory
committee established pursuant to section 11(b)(2) shall submit to the
Committee on Indian Affairs and the Committee on Finance of the Senate
and the Committee on Natural Resources and the Committee on Education
and Labor of the House of Representatives a report on the
implementation and administration of this Act and any inter-agency or
Federal-tribal conflicts in the administration of this Act.
``(b) Requirements.--The report shall identify any barriers to the
ability of tribal governments to integrate more effectively the
employment, training, and related services of the tribal governments in
a manner consistent with the purposes of this Act.
``(c) Feasibility Study.--Not later than 18 months after the date
of enactment of Native American Employment Act of 2010, the Comptroller
General of the United States shall publish a study on the feasibility
of expanding the integration program established under this Act to
other Federal agencies that provide funding for employment, training,
and related services to Indian tribes and tribal organizations.''.
SEC. 6. NATIVE INITIATIVES.
(a) In General.--Section 104 of the Community Development Banking
and Financial Institutions Act of 1994 (12 U.S.C. 4703) is amended by
adding at the end the following:
``(l) Native Initiatives.--
``(1) Definitions.--In this subsection:
``(A) Emerging native community development
financial institution.--The term `emerging Native
community development financial institution' means an
entity that--
``(i) primarily serves a Native community;
and
``(ii) demonstrates to the satisfaction of
the Fund that the entity has a reasonable plan
to achieve certification as a Native community
development financial institution.
``(B) Indian tribe.--The terms `Indian' and `Indian
tribe' have the meaning given the terms in section 4 of
the Indian Self Determination and Education Assistance
Act (25 U.S.C. 450b).
``(C) Native community.--The term `Native
community' means targeted populations comprising--
``(i) Indian tribes; or
``(ii) Native Hawaiians, as that term is
defined in section 116 of the Carl D. Perkins
Career and Technical Education Act of 2006 (20
U.S.C. 2326).
``(D) Native community development financial
institution.--The term `Native community development
financial institution' means a community development
financial institution that primarily serves a Native
community.
``(2) Establishment and purposes.--
``(A) In general.--Not later than 90 days after the
date of enactment of this subsection, the Administrator
shall establish the Native Initiatives as a component
of the Fund.
``(B) Purposes.--The purposes of the Native
Initiatives are--
``(i) to assist Native community
development financial institutions to overcome
barriers preventing access to credit, capital,
and financial services in Native communities;
``(ii) to foster the development of new
Native community development financial
institutions, strengthen the operational
capacity of existing Native community
development financial institutions, and guide
Native community development financial
institutions in the establishment of important
financial education and asset building programs
for the applicable Native communities;
``(iii) to provide seed capital for loan
products to new and emerging Native community
development financial institutions; and
``(iv) to serve as the point of contact for
an authorized Native community representative
with respect to issues relating to access to
credit, capital, and financial services in
Native communities.
``(3) Activities.--
``(A) In general.--Through the Native Initiatives,
the Fund shall provide to emerging and existing Native
community development financial institutions--
``(i) outreach in accordance with section
105(c);
``(ii) financial assistance and technical
assistance in accordance with section 108; and
``(iii) training in accordance with section
109.
``(B) Matching requirements.--In providing
assistance under this subsection, the Secretary may
apply matching requirements under section 108(e) at the
discretion of the Secretary.
``(4) Implementation.--Not later than 180 days after the
date of enactment of this subsection, the Administrator shall
prescribe regulations and guidelines to carry out this
subsection.
``(5) Consultation with tribal governments.--In reviewing
the performance of any assisted Native community development
financial institution, the Fund shall conduct regular and
meaningful consultation with, and seek input from, any
appropriate authorized Native community.
``(6) Report.--Each year, the Fund shall submit to the
Committee on Indian Affairs and the Committee on Banking,
Housing, and Urban Development of the Senate and the Committee
on Natural Resources and the Committee on Financial Services of
the House of Representatives a report on the Native Initiatives
regarding the effectiveness of the program developed under this
subsection.''.
(b) Conforming Amendment.--Section 121(a)(5) of the Community
Development Banking and Financial Institutions Act of 1994 (12 U.S.C.
4718(a)(5)) is amended by inserting before the period at the end the
following: ``, including funds, in an amount of not less than 10
percent of the amounts appropriated to the Fund for any fiscal year
under paragraph (1), to carry out section 104(l).''.
SEC. 7. BUY INDIAN.
(a) In General.--Section 23 of the Act of June 25, 1910 (25 U.S.C.
47) (commonly known as the ``Buy Indian Act'') is amended--
(1) in the first sentence, by striking ``So far as may be''
and inserting the following:
``(a) In General.--To the maximum extent'';
(2) in the second sentence, by striking ``Participation''
and inserting the following:
``(k) Developmental Assistance.--
``(1) In general.--Participation'';
(3) in the last sentence, by striking ``For the purposes of
this section--'' and inserting the following:
``(2) Specifications.--For purposes of paragraph (1)--'';
and
(4) by inserting after subsection (a) (as designated by
paragraph (1)) the following:
``(b) Requirements.--To the maximum extent practicable and
notwithstanding any other provision of law, in any case in which funds
are appropriated for the benefit of Indians, the Secretary shall direct
that Indian labor shall be employed and any contract to fulfill
requirements for goods or services, manufacturing, or construction,
renovation, or demolition work (including, at a minimum, housing,
schools, other facilities, roads, bridges, and other infrastructure
projects) shall be awarded to an Indian organization or economic
enterprise (as those terms are defined in section 3 of the Indian
Financing Act of 1974 (25 U.S.C. 1452)).
``(c) Advertisement.--To the maximum extent practicable, contracts
to which this section applies shall be advertised sufficiently in
advance of the selection process and the date that contract performance
is required in a manner that permits a subsequent open market
advertisement of the contract if the contract cannot be awarded under
the limited competition provided in this section.
``(d) Implementation.--To implement the contracting directive under
subsection (a), a contracting officer--
``(1) shall limit the competition for award of a contract
to Indian economic enterprises if--
``(A) there is a reasonable expectation that offers
will be obtained from at least 3 unaffiliated
responsible offerors; and
``(B) the contract can be awarded at a fair and
reasonable price;
``(2) shall consider the extent to which the offerors will
provide positive economic impact, including training and
employment of Indians in connection with contract performance
and in subcontracting any work under the contract, on 1 or more
Indian reservations (as defined in section 3 of the Indian
Financing Act of 1974 (25 U.S.C. 1452));
``(3) may, if only 1 offer is received under a competition
limited to Indian economic enterprises, negotiate an award of
the contract at a fair and reasonable price to the offering
Indian economic enterprise; and
``(4) shall not make an award of any contract subject to
this section until the prospective awardee has submitted an
acceptable plan for contract performance that will maximize the
use of qualified Indian labor, supplies, and economic
enterprises as subcontractors.
``(e) Other Circumstances.--
``(1) In general.--If it is not feasible for competition to
be limited as provided in subsection (d) and the contracting
officer elects to award the contract after full and open
competition, the contract shall be awarded to any responsible
Indian economic enterprise submitting the lowest bid submitted
by a responsible Indian economic enterprise, if that bid does
not exceed the bid submitted by any other responsible bidder by
more than 10 percent.
``(2) Other determinative factor.--If a factor other than
price is determinative in the award of a contract, the
contracting officer shall use a comparable method to provide a
preference to Indian economic enterprises in the selection
process.
``(f) Waiver.--The requirements of this section may be waived only
if--
``(1) there are extraordinary circumstances; and
``(2) the Assistant Secretary of the Interior for Indian
Affairs makes the waiver determination.
``(g) Utilization.--The Secretary shall provide a preference to an
Indian economic enterprise in the award of a contract that does not
involve funds appropriated for the benefit of Indians by an agency
within the Department of the Interior if the Secretary determines that
the preference will help fulfill the special responsibilities of the
Secretary to 1 or more Indian tribes.
``(h) Appropriated for the Benefit of Indians.--For purposes of
this section, funds awarded or distributed under a contract are
appropriated for the benefit of Indians if--
``(1) Indians are the primary beneficiaries of the
contract; and
``(2) the majority of the activity to be undertaken under
the contract takes place on or near boundaries of reservations
(as defined in section 3 of the Indian Financing Act of 1974
(25 U.S.C. 1452)).
``(i) Other Agencies.--Nothing in this section precludes the Indian
Health Service or the Administration of Native Americans within the
Department of Health and Human Services, the Office of Native American
Programs in the Department of Housing and Urban Development, or any
other Federal agency from using, at the discretion of the agency, the
preferences provided under this section in cases in which funds are
appropriated for the benefit of Indians.
``(j) Certification.--
``(1) In general.--An Indian economic enterprise seeking a
contract award pursuant to this section shall--
``(A) certify that the enterprise is an Indian
economic enterprise eligible for award of a contract or
subcontract under this section; and
``(B) submit an affidavit certifying compliance
with the requirements set out by the agency awarding
the contract or subcontract.
``(2) Investigation.--Nothing in this section prohibits the
Secretary of the Interior, in conducting a pre-award review,
from--
``(A) investigating the eligibility of an
enterprise; or
``(B) determining at that stage that an apparent
awardee is, in fact, not eligible for award under this
section.
``(3) Protest.--The regulations of the Department of the
Interior implementing this section and providing for protest to
challenge and enter an Indian economic enterprise certification
shall provide that the eligible protestors include--
``(A) the Indian tribe on whose reservation the
contract is to be carried out; and
``(B) any other offerors eligible to submit offers
for contract award under this section.
``(4) Enforcement.--This section shall be subject to the
relevant provisions of--
``(A) the Act of August 27, 1935 (25 U.S.C. 305 et
seq.) (commonly known as the `Indian Arts and Crafts
Act'); and
``(B) section 1159 of title 18, United States
Code.''.
(b) Database.--
(1) Definitions.--In this section:
(A) Data center.--The term ``Data Center'' means
the Indian Economic Enterprise Data Center established
under paragraph (2).
(B) Eligible entity.--The term ``eligible entity''
means a tribal, private, public, or educational
institution with experience in Indian business
development.
(C) Indian economic enterprise.--The term ``Indian
economic enterprise'' has the meaning given the term in
section 3 of the Indian Financing Act of 1974 (25
U.S.C. 1452).
(2) Establishment.--The Secretary shall enter into 1 or
more contracts with an eligible entity to establish and operate
an Indian Economic Enterprise Data Center.
(3) Responsibilities.--The responsibilities of the Data
Center shall include--
(A) listing Indian economic enterprises eligible
for various Federal minority preference programs;
(B) listing the businesses in which the enterprises
are engaged;
(C) listing the experience of the enterprises in
fulfilling contract obligations;
(D) listing the capabilities of the enterprises;
(E) verifying preference information and
documentation submitted to the Data Center;
(F) listing advance procurement information for the
purposes of bid matching contract opportunities to
contractor capabilities;
(G) listing known front organizations or fraudulent
operators; and
(H) providing such additional information as the
Secretary considers to be appropriate.
(4) Information dissemination.--Each year, the Data Center
shall provide a list of Indian economic enterprises eligible
for various minority preferences to--
(A) the Federal agencies that administer the
preferences; and
(B) any private entities that request the list.
(5) Eligible entities.--Entities eligible to enter into a
contract under paragraph (2) shall be tribal, private, public,
or educational institutions with experience in Indian business
development.
(c) Reporting Requirements.--Each year, the Secretary of the
Interior shall submit to the Committee on Indian Affairs of the Senate
and the Committee on Natural Resources of the House of Representatives
a report describing the status of Indian economic enterprises under
this section and section 23 of the Act of June 25, 1910 (25 U.S.C. 47)
(commonly known as the ``Buy Indian Act'') across the entire Department
of the Interior and the information from the Data Center.
SEC. 8. NATIVE AMERICAN SMALL BUSINESS DEVELOPMENT PROGRAM.
The Small Business Act (15 U.S.C. 631 et seq.) is amended--
(1) in section 4(b)(1) (15 U.S.C. 633(b)(1))--
(A) in the fifth sentence, by striking ``five
Associate Administrators'' and inserting ``6 Associate
Administrators''; and
(B) by inserting after the fifth sentence the
following: ``1 Associate Administrator shall be the
Associate Administrator of the Office of Native
American Affairs established by section 44.'';
(2) by redesignating section 44 as section 45; and
(3) by inserting after section 43 (15 U.S.C. 657o) the
following:
``SEC. 44. NATIVE AMERICAN SMALL BUSINESS DEVELOPMENT PROGRAM.
``(a) Definitions.--In this section:
``(1) Associate administrator.--The term `Associate
Administrator' means the Associate Administrator of the Office
of Native American Affairs established under subsection (b).
``(2) Center; native american business center.--The terms
`center' and `Native American business center' mean a center
established under subsection (c).
``(3) Eligible applicant.--The term `eligible applicant'
means--
``(A) a tribal college;
``(B) a private, nonprofit organization--
``(i) that provides business and financial
or procurement technical assistance to 1 or
more Native American communities; and
``(ii) that is dedicated to assisting one
or more Native American communities; or
``(C) a small business development center, women's
business center, or other private organization
participating in a joint project.
``(4) Joint project.--The term `joint project' means a
project that--
``(A) combines the resources and expertise of 2 or
more distinct entities at a physical location dedicated
to assisting the Native American community; and
``(B) submits to the Administration a joint
application that contains--
``(i) a certification that each participant
of the project--
``(I) is an eligible applicant;
``(II) employs an executive
director or program manager to manage
the center; and
``(ii) information demonstrating a record
of commitment to providing assistance to Native
Americans; and
``(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 project.
``(5) Native american small business concern.--The term
`Native American small business concern' means a small business
concern that is at least 51 percent owned and controlled by--
``(A) an Indian tribe or a Native Hawaiian
Organization, as the terms are described in paragraphs
(13) and (15) of section 8(a), respectively; or
``(B) 1 or more individuals members of an Indian
tribe or Native Hawaiian Organization.
``(6) Native american small business development program.--
The term `Native American small business development program'
means the program established under subsection (c).
``(7) Small business concern.--The term `small business
concern' has the same meaning as in section 3.
``(8) Small business development center.--The term `small
business development center' means a small business development
center described in section 21.
``(9) Tribal college.--The term `tribal college' has the
meaning given the term `tribally controlled college or
university' in section 2(a) of the Tribally Controlled
Community College Assistance Act of 1978 (25 U.S.C. 1801(a)).
``(10) Tribal land.--The term `tribal land' has the meaning
given the term `reservation' in section 3 of the Indian
Financing Act (25 U.S.C. 1452).
``(b) Office of Native American Affairs.--
``(1) Establishment.--There is established within the
Administration the Office of Native American Affairs, which,
under the direction of the Associate Administrator, shall
implement the programs of the Administration for the
development of business enterprises by Native Americans.
``(2) Purpose.--The purpose of the Office of Native
American Affairs is to help Native American small business
concerns--
``(A) to start, operate, and increase the business
of small business concerns;
``(B) to develop management and technical skills;
``(C) to seek Federal procurement opportunities;
``(D) to increase employment opportunities for
Native Americans through the establishment and
expansion of small business concerns; and
``(E) to increase the access of Native Americans to
capital markets.
``(3) Associate administrator.--
``(A) Appointment.--The Administrator shall appoint
a qualified individual to serve as Associate
Administrator of the Office of Native American Affairs
in accordance with this paragraph.
``(B) Qualifications.--The Associate Administrator
appointed under subparagraph (A) shall have--
``(i) knowledge of Native American culture;
and
``(ii) experience providing culturally
tailored small business development assistance
to Native Americans.
``(C) Employment status.--The Administrator shall
establish the position of Associate Administrator, who
shall--
``(i) be an appointee in the Senior
Executive 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 Native
American small business development program;
``(ii) formulate, execute, and promote the
policies and programs of the Administration
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;
``(iv) recommend the annual administrative
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 program;
``(vi) recommend appropriate funding
levels;
``(vii) review the annual budgets submitted
by each applicant for the Native American small
business development program;
``(viii) select applicants to participate
in the Native American small business
development program;
``(ix) implement this section; and
``(x) maintain a clearinghouse for the
dissemination and exchange of information
between all Administration-sponsored business
centers.
``(E) Consultation requirements.--In carrying out
the responsibilities and duties described in this
paragraph, the Associate Administrator shall confer
with and seek the advice of--
``(i) officials of the Administration
working in areas served by Native American
business centers; and
``(ii) eligible applicants.
``(c) Native American Small Business Development Program.--
``(1) Financial assistance.--
``(A) In general.--The Administration, acting
through the Associate Administrator, shall provide
financial assistance to eligible applicants to
establish Native American business centers in
accordance with this section.
``(B) Use of funds.--The financial and resource
assistance provided under this subsection shall be used
to establish a Native American business center to
overcome obstacles impeding the establishment,
development, and expansion of small business concerns,
in accordance with this section.
``(2) 3-year projects.--
``(A) In general.--Each Native American business
center that receives assistance under paragraph (1)(A)
shall conduct a 3-year 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 capital;
``(II) preparing and presenting
financial statements; and
``(III) managing cash flow and
other financial operations of a
business concern;
``(ii) management education, including
training and counseling in planning,
organizing, 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
opportunities;
``(II) preparing and executing
marketing plans;
``(III) developing pricing
strategies;
``(IV) locating contract
opportunities;
``(V) negotiating contracts; and
``(VI) using varying public
relations and advertising techniques.
``(B) Business development assistance recipients.--
The business development assistance under subparagraph
(A) shall be offered to prospective and current owners
of Native American small business concerns.
``(3) Form of federal financial assistance.--
``(A) Documentation.--The financial assistance 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 periodic
installments, at the request of the recipient.
``(ii) Advance.--The Administrator may
disburse not more than 25 percent of the annual
amount of Federal financial assistance 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
assistance.--Except as provided in
subclause (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 established 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 assistance received
under this subsection; and
``(bb) in the third year of
the project, not less than 50
percent of the amount of the
financial assistance received
under this subsection.
``(II) Renewals.--An eligible
applicant that receives a renewal of
financial assistance under this
subsection shall provide non-Federal
contributions for the operation of a
Native American business center
established by the eligible applicant
in an amount equal to not less than 50
percent of the amount of the financial
assistance received under this
subsection.
``(III) Exceptions.--The
requirements of this section may be
waived at the discretion of the
Administrator, based on an evaluation
of the ability of the eligible
applicant to provide non-Federal
contributions.
``(4) Contract and cooperative agreement 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 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 Administration.
``(5) Application process.--
``(A) Submission of a 3-year plan.--Each applicant
for assistance under paragraph (1) shall submit a 3-
year plan to the Administration on proposed assistance
and training activities.
``(B) Criteria.--
``(i) In general.--The Administrator shall
evaluate applicants for financial assistance
under this subsection in accordance with
selection criteria that are--
``(I) established before the date
on which eligible applicants are
required to submit the applications;
``(II) stated in terms of relative
importance; and
``(III) publicly available and
stated in each solicitation for
applications for financial assistance
under this subsection made by the
Administrator.
``(ii) Considerations.--The criteria
required by this subparagraph shall include--
``(I) the experience of the
applicant in conducting programs or
ongoing efforts designed to impart or
upgrade 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 minimum
amount of time;
``(III) the ability of the
applicant to provide quality training
and services 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 proximity
of the center to the population being
served and to achieve a broad
geographic dispersion of the centers;
and
``(VI) demonstrated experience in
providing technical assistance,
including financial, marketing, and
management assistance.
``(6) Conditions for participation.--Each eligible
applicant desiring a grant under this subsection shall submit
an application to the Administrator that contains--
``(A) a certification that the applicant--
``(i) is an eligible applicant;
``(ii) employs a full-time executive
director, project director, or program manager
to manage the Native American business center;
and
``(iii) agrees--
``(I) to a site visit by the
Administrator 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
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 Native Americans to be
served by the grant;
``(C) information relating to proposed assistance
that the grant will provide, including--
``(i) the number of individuals to be
assisted; and
``(ii) the number of hours of counseling,
training, and workshops to be provided;
``(D) information demonstrating the effectiveness
and experience of the applicant in--
``(i) conducting financial, management, and
marketing assistance programs designed to
educate or improve the business skills of
current or prospective Native American business
owners;
``(ii) providing training and services to a
representative number of Native Americans;
``(iii) using resource partners of the
Administration and other entities, including
institutions of higher education, Indian
tribes, or tribal colleges; and
``(iv) the prudent management of finances
and staffing;
``(E) the location at which the applicant will
provide training and services to Native Americans;
``(F) a 3-year plan that describes--
``(i) the number of Native Americans and
Native American small business concerns 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 Native
Americans; and
``(G) if the applicant is a joint project--
``(i) a certification that each participant
in the joint project is an eligible applicant;
``(ii) information demonstrating a record
of commitment to providing assistance to Native
Americans; and
``(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 Administrator shall
approve or disapprove each completed application submitted
under this subsection not later than 90 days after the date on
which the eligible applicant submits the application.
``(8) Program examination.--
``(A) In general.--Each Native American business
center established under this subsection shall annually
provide to the Administrator an itemized cost breakdown
of actual expenditures 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 assisted
pursuant to this subsection; and
``(ii) analyze the results of each
examination conducted under clause (i) to
determine the programmatic and financial
viability of each Native American business
center.
``(C) Conditions for continued funding.--In
determining whether to renew a grant, contract, or
cooperative agreement with a Native American business
center, the Administration--
``(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
provide the information required to be
provided under subparagraph (A), or the
information provided by the center is
inadequate;
``(II) the center has failed to
provide adequate information required
to be provided by the center for
purposes of the report of the
Administrator under subparagraph (E);
``(III) the center has failed to
comply with a requirement for
participation in the Native American
small business development program, as
determined by the Administrator,
including--
``(aa) failure to acquire
or properly document a non-
Federal contribution;
``(bb) failure to establish
an appropriate partnership or
program for marketing and
outreach to reach new Native
American small business
concerns;
``(cc) failure to achieve
results described in a
financial assistance agreement;
and
``(dd) failure to provide
to the Administrator a
description of the amount and
sources of any non-Federal
funding received by the center;
``(IV) the center has failed to
carry out the 3-year plan under in
paragraph (6)(F); or
``(V) the center cannot make the
certification described in paragraph
(6)(A).
``(D) Continuing contract and cooperative 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 Administrator
has entered into a contract or cooperative
agreement with any Native American business
center under this subsection, the Administrator
may not suspend, terminate, 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
reasons for the action of the
Administrator; and
``(II) affords the center an
opportunity for a hearing, appeal, or
other administrative proceeding under
chapter 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 Office of Native American Affairs.
``(ii) Contents.--Each report submitted
under clause (i) shall include, with respect to
each Native American business center receiving
financial assistance under this subsection--
``(I) the number of individuals
receiving assistance from the Native
American business center;
``(II) the number of startup
business concerns established with the
assistance of the Native American
business center;
``(III) the number of existing
businesses in the area served by the
Native American business center seeking
to expand employment;
``(IV) the number of jobs
established or maintained, on an annual
basis, by Native American small
business concerns assisted by the
center since receiving funding under
this section;
``(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 American
business center;
``(VI) any additional information
on the counseling and training program
that the Administrator determines to be
necessary; and
``(VII) the most recent
examination, as required under
subparagraph (B), and the determination
made by the Administration under that
subparagraph.
``(9) Annual reports.--Each Native American business center
receiving financial assistance under this subsection shall
submit to the Administrator 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 assistance of the
Native American business center;
``(D) the gross receipts of small business concerns
assisted by the Native American business center;
``(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 Americans
established or maintained at small business concerns
assisted by the Native American business center.
``(10) Record retention.--
``(A) Applications.--The Administrator shall
maintain a copy of each application submitted under
this subsection for not less than 7 years.
``(B) Annual reports.--The Administrator 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 percent of funds
appropriated for a fiscal year may be used for the costs of
administering the programs under this section.''.
SEC. 9. QUALIFIED SCHOOL CONSTRUCTION BOND ESCROW ACCOUNT.
Part B of title II of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 458) is amended by adding at the end the
following:
``SEC. 205. AUTHORIZATION TO ESTABLISH QUALIFIED SCHOOL CONSTRUCTION
BOND ESCROW ACCOUNT.
``(a) In General.--Pursuant to the authority granted under section
54F(d)(4) of the Internal Revenue Code of 1986, the Secretary shall
establish a qualified school construction bond escrow account for the
purpose of implementing section 54F of the Internal Revenue Code of
1986.
``(b) Transfer to Escrow Account.--
``(1) In general.--The Secretary shall allocate to the
escrow account described in subsection (a) amounts described in
section 54F(d)(4) of the Internal Revenue Code of 1986.
``(2) Other funds.--The Secretary shall accept and disburse
to the escrow account described in subsection (a) amounts
received to carry out this section from other sources,
including other Federal agencies, non-Federal public agencies,
and private sources.''.
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