[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2335 Reported in Senate (RS)]






                                                       Calendar No. 545
107th CONGRESS
  2d Session
                                S. 2335

                          [Report No. 107-236]

  To establish the Office of Native American Affairs within the Small 
 Business Administration, to create the Native American Small Business 
              Development Program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 25, 2002

 Mr. Johnson (for himself, Mr. Kerry, Ms. Cantwell, Mr. Wellstone, Mr. 
   Daschle, Mr. Baucus, Mr. Inouye, Mr. Bingaman, Ms. Stabenow, Mrs. 
 Clinton, Mr. Smith of Oregon, Mr. Akaka, and Mrs. Murray) introduced 
the following bill; which was read twice and referred to the Committee 
                 on Small Business and Entrepreneurship

                             August 1, 2002

                 Reported by Mr. Kerry, with amendments
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
  To establish the Office of Native American Affairs within the Small 
 Business Administration, to create the Native American Small Business 
              Development Program, 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 Small Business 
Development Act''.

SEC. 2. NATIVE AMERICAN SMALL BUSINESS DEVELOPMENT PROGRAM.

    The Small Business Act (15 U.S.C. 631 et seq.) is amended--
            (1) by redesignating section 36 as section 37; and
            (2) by inserting after section 35 the following:

``SEC. 36. NATIVE AMERICAN SMALL BUSINESS DEVELOPMENT PROGRAM.

    ``(a) Definitions.--In this section--
            ``(1) the term `Alaska Native' has the same meaning as the 
        term `Native' in section 3(b) of the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1602(b));
            ``(2) the term `Alaska Native corporation' has the same 
        meaning as the term `Native Corporation' in section 3(m) of the 
        Alaska Native Claims Settlement Act (43 U.S.C. 1602(m));
            ``(3) the term `Assistant Administrator' means the 
        Assistant Administrator of the Office of Native American 
        Affairs established under subsection (b);
            ``(4) the terms `center' and `Native American business 
        center' mean a center established under subsection (c);
            <DELETED>``(5) the term `Native American business 
        development center' means an entity providing business 
        development assistance to federally recognized tribes and 
        Native Americans under a grant from the Minority Business 
        Development Agency of the Department of Commerce;
        </DELETED>    ``(<DELETED>6</DELETED>5) the term `Native 
        American small business concern' means a small business concern 
        that is owned and controlled by--
                    ``(A) a member of an Indian tribe or tribal 
                government;
                    ``(B) an Alaska Native or Alaska Native 
                corporation; or
                    ``(C) a Native Hawaiian or Native Hawaiian 
                organization;
            ``(<DELETED>7</DELETED>6) the term `Native Hawaiian' has 
        the same meaning as in section 625 of the Older Americans Act 
        of 1965 (42 U.S.C. 3057k);
            ``(<DELETED>8</DELETED>7) the term `Native Hawaiian 
        organization' has the same meaning as in section 8(a)(15) of 
        this Act;
            ``(<DELETED>9</DELETED>8) the term `tribal college' has the 
        same meaning as the term `tribally controlled college or 
        university' has in section 2(a)(4) of the Tribally Controlled 
        Community College Assistance Act of 1978 (25 U.S.C. 
        1801(a)(4));
            ``(<DELETED>10</DELETED>9) the term `tribal government' has 
        the same meaning as the term `Indian tribe' has in section 
        7501(a)(9) of title 31, United States Code; and
            ``(<DELETED>11</DELETED>10) the term `tribal lands' means--
                    ``(A) all lands within the exterior boundaries of 
                any Indian reservation; and
                    ``(B) all dependent Indian communities.
    ``(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 Assistant Administrator, shall 
        implement the Administration's programs for the development of 
        business enterprises by Native Americans.
            ``(2) Purpose.--The purpose of the Office of Native 
        American Affairs is to assist Native American entrepreneurs 
        to--
                    ``(A) start, operate, and grow small business 
                concerns;
                    ``(B) develop management and technical skills;
                    ``(C) seek Federal procurement opportunities;
                    ``(D) increase employment opportunities for Native 
                Americans through the start and expansion of small 
                business concerns; and
                    ``(E) increase the access of Native Americans to 
                capital markets.
            ``(3) Assistant administrator.--
                    ``(A) Appointment.--The Administrator shall appoint 
                a qualified individual to serve as Assistant 
                Administrator of the Office of Native American Affairs 
                in accordance with this paragraph.
                    ``(B) Qualifications.--The Assistant Administrator 
                appointed under subparagraph (A) shall have--
                            ``(i) knowledge of the Native American 
                        culture; and
                            ``(ii) experience providing culturally 
                        tailored small business development assistance 
                        to Native Americans.
                    ``(C) Employment status.--The Assistant 
                Administrator shall be a Senior Executive Service 
position under section 3132(a)(2) of title 5, United States Code, and 
shall serve as a noncareer appointee, as defined in section 3132(a)(7) 
of title 5, United States Code.
                    ``(D) Responsibilities and duties.--The Assistant 
                Administrator shall--
                            ``(i) administer and manage the Native 
                        American Small Business Development program 
                        established under this section;
                            ``(ii) recommend the annual administrative 
                        and program budgets for the Office of Native 
                        American Affairs;
                            ``(iii) establish appropriate funding 
                        levels;
                            ``(iv) review the annual budgets submitted 
                        by each applicant for the Native American Small 
                        Business Development program;
                            ``(v) select applicants to participate in 
                        the program under this section;
                            ``(vi) implement this section; and
                            ``(vii) maintain a clearinghouse to provide 
                        for the dissemination and exchange of 
                        information between Native American business 
                        centers.
                    ``(E) Consultation requirements.--In carrying out 
                the responsibilities and duties described in this 
                paragraph, the Assistant Administrator shall confer 
                with and seek the advice of--
                            ``(i) Administration officials working in 
                        areas served by Native American business 
                        centers and Native American business 
                        development centers;
                            ``(ii) the Bureau of Indian Affairs of the 
                        Department of the Interior;
                            ``(iii) Native American business centers;
                            ``(<DELETED>iii</DELETED>iv) tribal 
                        governments;
                            ``(<DELETED>iv</DELETED>v) tribal colleges;
                            ``(<DELETED>v</DELETED>vi) Alaska Native 
                        corporations; and
                            ``(<DELETED>vi</DELETED>vii) Native 
                        Hawaiian organizations.
    ``(c) Native American Small Business Development Program.--
            ``(1) Authorization.--
                    ``(A) In general.--The Administration, through the 
                Office of Native American Affairs, shall provide 
                financial assistance to tribal governments, tribal 
                colleges, Native Hawaiian organizations, and Alaska 
                Native corporations to create Native American business 
                centers in accordance with this section.
                    ``(B) Resource assistance.--The Administration may 
                also provide in-kind resource assistance to Native 
                American business centers located on tribal lands. Such 
                assistance may include--
                            ``(i) personal computers;
                            ``(ii) graphic workstations;
                            ``(iii) CD-ROM technology and interactive 
                        videos;
                            ``(iv) distance learning business-related 
                        training courses;
                            ``(v) computer software; and
                            ``(vi) reference materials.
                    ``(C) Use of funds.--The financial and resource 
                assistance provided under this subsection shall be used 
                to overcome obstacles impeding the creation, 
                development, and expansion of small business concerns, 
                in accordance with this section, by--
                            ``(i) reservation-based American Indians;
                            ``(ii) Alaska Natives; and
                            ``(iii) Native Hawaiians.
            ``(2) 5-year projects.--
                    ``(A) In general.--Each Native American business 
                center that receives assistance under paragraph (1)(A) 
                shall conduct 5-year projects that offer 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) utilizing 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 small business concerns that are owned by--
                            ``(i) American Indians or tribal 
                        governments, and located on or near tribal 
                        lands;
                            ``(ii) Alaska Natives or Alaska Native 
                        corporations; or
                            ``(iii) Native Hawaiians or Native Hawaiian 
                        organizations.
            ``(3) Form of federal financial assistance.--
                    ``(A) Documentation.--
                            ``(i) In general.--The financial assistance 
                        to Native American business centers authorized 
                        under this subsection may be made by grant, 
                        contract, or cooperative agreement.
                            ``(ii) Exception.--Financial assistance 
                        under this subsection to Alaska Native 
                        corporations or Native Hawaiian organizations 
                        may only be made by grant.
                    ``(B) Payments.--
                            ``(i) Timing.--Payments made under this 
                        subsection may be disbursed--
                                    ``(I) in a single lump sum or in 
                                periodic installments; and
                                    ``(II) in advance or after costs 
                                are incurred.
                            ``(ii) Advance.--The Administration may 
                        disburse, in advance, not more than 25 percent 
                        of the annual amount of Federal financial 
                        assistance awarded to a Native American small 
                        business center after notice of the award has 
                        been issued.
                            ``(iii) No matching requirement.--The 
                        Administration shall not require a grant 
                        recipient to match grant funding received under 
                        this subsection with non-Federal resources as a 
                        condition of receiving the grant.
            ``(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 under-
        served small business concerns located on or near tribal lands, 
        to the extent that such contract or cooperative agreement is 
        consistent with the terms of any assistance received by the 
        Native American business center from the Administration.
            ``(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 Administration on proposed assistance 
                and training activities.
                    ``(B) Criteria.--
                            ``(i) In general.--The Administration shall 
                        evaluate and rank applicants in accordance with 
                        predetermined selection criteria that shall be 
                        stated in terms of relative importance.
                            ``(ii) Public notice.--The criteria 
                        required by this paragraph and their relative 
                        importance shall be made publicly available, 
                        within a reasonable time, and stated in each 
                        solicitation for applications made by the 
                        Administration.
                            ``(iii) Considerations.--The criteria 
                        required by this paragraph 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 training and 
                                services to a representative number of 
                                Native Americans;
                                    ``(IV) previous assistance from the 
                                Small Business Administration to 
                                provide services in Native American 
                                communities; and
                                    ``(V) the proposed location for the 
                                Native American business center site, 
                                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.
            ``(6) Program examination.--
                    ``(A) In general.--Each Native American business 
                center established pursuant to this subsection shall 
                annually provide the Administration with an itemized 
                cost breakdown of actual expenditures incurred 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 such renewal, if the 
                        Administration determines that--
                                    ``(I) the center has failed to 
                                provide any information required to be 
                                provided under subparagraph (A), or the 
                                information provided by the center is 
                                inadequate;
                                    ``(II) the center has failed to 
                                provide any information required to be 
                                provided by the center for purposes 
of the report of the Administration under subparagraph (E); or
                                    ``(III) the information required to 
                                be provided by the center is 
                                incomplete.
                    ``(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, it shall not 
                        suspend, terminate, or fail to renew or extend 
                        any such contract or cooperative agreement 
                        unless the Administrator provides the center 
                        with written notification setting forth the 
                        reasons therefore and affords the center an 
                        opportunity for a hearing, appeal, or other 
                        administrative proceeding under chapter 5 of 
                        title 5, United States Code.
                    ``(E) Management report.--
                            ``(i) In general.--The Administration shall 
                        prepare and submit to the Committee on Small 
                        Business of the House of Representatives and 
                        the Committee on Small Business and 
                        Entrepreneurship of the Senate 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 formed;
                                    ``(III) the gross receipts of 
                                assisted concerns;
                                    ``(IV) the employment increases or 
                                decreases of Native American small 
                                business concerns assisted by the 
                                center since receiving funding under 
                                this Act;
                                    ``(V) to the maximum extent 
                                practicable, increases or decreases in 
                                profits of Native American small 
                                business concerns assisted by the 
                                center since receiving funding under 
                                this Act; and
                                    ``(VI) the most recent examination, 
                                as required under subparagraph (B), and 
                                the subsequent determination made by 
                                the Administration under that 
                                subparagraph.
            ``(7) Annual report.--Each entity receiving financial 
        assistance under this subsection shall annually report to the 
        Administration on the services provided with such financial 
        assistance, including--
                    ``(A) the number of individuals assisted, 
                categorized by ethnicity;
                    ``(B) the number of hours spent providing 
                counseling and training for those individuals;
                    ``(C) the number of startup small business concerns 
                formed, maintained, and lost;
                    ``(D) the gross receipts of assisted small business 
                concerns;
                    ``(E) the number of jobs created, maintained, or 
                lost at assisted small business concerns; and
                    ``(F) the number of Native American jobs created, 
                maintained, or lost at assisted small business 
                concerns.
            ``(8) Record retention.--
                    ``(A) Applications.--The Administration shall 
                maintain a copy of each application submitted under 
                this subsection for not less than 10 years.
                    ``(B) Annual reports.--The Administration shall 
                maintain copies of the information collected under 
                paragraph (6)(A) indefinitely.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated <DELETED>$5,000,000</DELETED> $4,000,000 for each of the 
fiscal years 2003 through 2007, to carry out the Native American Small 
Business Development Program, authorized under subsection (c).''.

SEC. 3. PILOT PROGRAM<DELETED>S.

</DELETED>    (a) Definitions.--In this section:
            (1) Incorporation by reference.--The terms defined in 
        section 36(a) of the Small Business Act (as added by this Act) 
        have the same meanings as in that section 36(a) when used in 
        this section.
            <DELETED>(2)</DELETED> Administrator.--The term 
        ``Administrator'' means the Administrator of the Small Business 
        Administration.
        </DELETED>    (3)</DELETED> Joint project.--The term ``joint 
        project'' means the combined resources and expertise of 2 or 
        more distinct entities at a physical location dedicated to 
        assisting the Native American community;
        </DELETED>    (2) Administration.--The term ``Administration'' 
        means the Small Business Administration.
    (b) Native American Development Grant Pilot Program.--
            (1) Authorization.--
                    (A) In general.--There is established a 4-year 
                pilot program under which the Administration is 
                authorized to award Native American development grants 
                to provide culturally-tailored business development 
                training and related services to Native Americans and 
                Native American small business concerns.
                    (B) Eligible organizations.--The grants authorized 
                under subparagraph (A) may be awarded to--
                            (i) any small business development center; 
                        or
                            (ii) any private, nonprofit organization 
                        that--
                                    <DELETED>(I) has tribal government 
                                members, or their designees, comprising 
                                a majority of its board of directors;
                                </DELETED>    (I) is permitted by the 
                                tribal government to provide technical 
                                assistance to small business concerns 
                                within the jurisdiction of the tribe;
                                    (II) is a Native Hawaiian 
                                organization; or
                                    (III) is an Alaska Native 
                                corporation.
                    (C) Amounts.--The Administration shall not award a 
                grant under this subsection in an amount which exceeds 
                $100,000 for each year of the project.
                    (D) Grant duration.--Each grant under this 
                subsection shall be awarded for not less than a 2-year 
                period and not more than a 4-year period.
                    (E) Paired disbursement.--
                            (i) In general.--The Administration shall 
                        award the same number of Native American 
                        development grants under this subsection to 
                        eligible organizations under subparagraph 
                        (B)(i) as those awarded to eligible 
                        organizations under subparagraph (B)(ii).
                            (ii) Disbursement.--The initial 
                        disbursement of financial assistance under this 
                        subsection to each eligible organization under 
                        clause (i) or (ii) of subparagraph (B) shall 
                        coincide with a similar disbursement to an 
                        eligible organization representing the other 
                        classification under subparagraph (B).
                            (iii) Provisional approval.--
                        Notwithstanding clauses (i) and (ii) of this 
                        subparagraph, the Administration may 
                        provisionally approve an application from an 
                        eligible organization under clause (i) or (ii) 
                        of subparagraph (B), with final approval 
                        pending until the receipt and approval of an 
                        application from an eligible organization from 
                        the other classification of eligible 
                        organization under subparagraph (B).
            (2) Conditions for participation.--Each entity desiring a 
        grant under this subsection shall submit an application to the 
        Administration that contains--
                    (A) a certification that the applicant--
                            (i) is a small business development center 
                        or a private, nonprofit organization under 
                        paragraph (1)(B)(i);
                            (ii) employs a full-time executive director 
                        or program manager to manage the facility; and
                            (iii) agrees--
                                    (I) to a site visit 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 effective 
                experience of the applicant in--
                            (i) conducting financial, management, and 
                        marketing assistance programs designed to 
                        impart or upgrade 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 
                        universities, tribal governments, or tribal 
                        colleges; and
                            (iv) the prudent management of finances and 
                        staffing;
                    (E) the location where the applicant will provide 
                training and services to Native Americans; and
                    (F) a multiyear plan, corresponding to the length 
                of the grant, that describes--
                            (i) the number of Native Americans and 
                        Native American small business concerns to be 
                        served by the grant;
                            (ii) in the continental United States, the 
                        number of Native Americans to be served by the 
                        grant on or near tribal lands; and
                            (iii) the training and services to be 
                        provided to a representative number of Native 
                        Americans.
            (3) Review of applications.--The Administration shall--
                    (A) evaluate and rank applicants under paragraph 
                (2) in accordance with predetermined selection criteria 
                that is stated in terms of relative importance;
                    (B) include such criteria in each solicitation 
                under this subsection and make such information 
                available to the public; and
                    (C) approve (at least on a provisional basis under 
                paragraph (1)(E)(iii)) or disapprove each completed 
                application submitted under this subsection not more 
                than 60 days after submission.
            (4) Annual report.--Each recipient of a Native American 
        development grant under this subsection shall annually report 
        to the Administration on the impact of the grant funding, 
        including--
                    (A) the number of individuals assisted, categorized 
                by ethnicity;
                    (B) the number of hours spent providing counseling 
                and training for those individuals;
                    (C) the number of startup small business concerns 
                formed, maintained, and lost;
                    (D) the gross receipts of assisted small business 
                concerns;
                    (E) the number of jobs created, maintained, or lost 
                at assisted small business concerns; and
                    (F) the number of Native American jobs created, 
                maintained, or lost at assisted small business 
                concerns.
            (5) Record retention.--
                    (A) Applications.--The Administration shall 
                maintain a copy of each application submitted under 
                this subsection for not less than 10 years.
                    (B) Annual reports.--The Administration shall 
                maintain copies of the information collected under 
                paragraph (4) indefinitely.
<DELETED>    (c) American Indian Tribal Assistance Center Grant Pilot 
Program.--</DELETED>
        <DELETED>    (1) Authorization.--</DELETED>
                <DELETED>    (A) In general.--There is established a 4-
                year pilot program, under which the Administration 
                shall award not less than 3 American Indian Tribal 
                Assistance Center grants to establish joint projects to 
                provide culturally tailored business development 
                assistance to prospective and current owners of small 
                business concerns located on or near tribal 
                lands.</DELETED>
                <DELETED>    (B) Eligible organizations.--</DELETED>
                        <DELETED>    (i) Class 1.--Not fewer than 1 
                        grant shall be awarded to a joint project 
                        performed by a Native American business center, 
                        a Native American business development center, 
                        and a small business development 
                        center.</DELETED>
                        <DELETED>    (ii) Class 2.--Not fewer than 2 
                        grants shall be awarded to joint projects 
                        performed by a Native American business center 
                        and a Native American business development 
                        center.</DELETED>
                <DELETED>    (C) Amounts.--The Administration shall not 
                award a grant under this subsection in an amount which 
                exceeds $200,000 for each year of the 
                project.</DELETED>
                <DELETED>    (D) Grant duration.--Each grant under this 
                subsection shall be awarded for a 3-year 
                period.</DELETED>
        <DELETED>    (2) Conditions for participation.--Each entity 
        desiring a grant under this subsection shall submit to the 
        Administration a joint application that contains--</DELETED>
                <DELETED>    (A) a certification that each participant 
                of the joint application--</DELETED>
                        <DELETED>    (i) is either a Native American 
                        Business Center, a Native American Business 
                        Development Center, or a Small Business 
                        Development Center;</DELETED>
                        <DELETED>    (ii) employs a full-time executive 
                        director or program manager to manage the 
                        center; and</DELETED>
                        <DELETED>    (iii) as a condition of receiving 
                        the American Indian Tribal Assistance Center 
                        grant, agrees--</DELETED>
                                <DELETED>    (I) to an annual 
                                programmatic and financial examination; 
                                and</DELETED>
                                <DELETED>    (II) to the maximum extent 
                                practicable, to remedy any problems 
                                identified pursuant to that 
                                examination;</DELETED>
                <DELETED>    (B) information demonstrating a historic 
                commitment to providing assistance to Native 
                Americans--</DELETED>
                        <DELETED>    (i) residing on or near tribal 
                        lands; or</DELETED>
                        <DELETED>    (ii) operating a small business 
                        concern on or near tribal lands;</DELETED>
                <DELETED>    (C) information demonstrating that each 
                participant of the joint application has the ability 
                and resources to meet the needs, including the cultural 
                needs of the Native Americans to be served by the 
                grant;</DELETED>
                <DELETED>    (D) information relating to proposed 
                assistance that the grant will provide, including--
                </DELETED>
                        <DELETED>    (i) the number of individuals to 
                        be assisted; and</DELETED>
                        <DELETED>    (ii) the number of hours of 
                        counseling, training, and workshops to be 
                        provided;</DELETED>
                <DELETED>    (E) information demonstrating the 
                effective experience of each participant of the joint 
                application in--</DELETED>
                        <DELETED>    (i) conducting financial, 
                        management, and marketing assistance programs, 
                        as described above, designed to impart or 
                        upgrade the business skills of current or 
                        prospective Native American business owners; 
                        and</DELETED>
                        <DELETED>    (ii) the prudent management of 
                        finances and staffing; and</DELETED>
                <DELETED>    (F) a plan for the length of the grant, 
                that describes--</DELETED>
                        <DELETED>    (i) the number of Native Americans 
                        and Native American small business concerns to 
                        be served by the grant; and</DELETED>
                        <DELETED>    (ii) the training and services to 
                        be provided.</DELETED>
        <DELETED>    (3) Review of applications.--The Administration 
        shall--</DELETED>
                <DELETED>    (A) evaluate and rank applicants under 
                paragraph (2) in accordance with predetermined 
                selection criteria that is stated in terms of relative 
                importance;</DELETED>
                <DELETED>    (B) include such criteria in each 
                solicitation under this subsection and make such 
                information available to the public; and</DELETED>
                <DELETED>    (C) approve or disapprove each application 
                submitted under this subsection not more than 60 days 
                after submission.</DELETED>
        <DELETED>    (4) Annual report.--Each recipient of an American 
        Indian tribal assistance center grant under this subsection 
        shall annually report to the Administration on the impact of 
        the grant funding received during the reporting year, and the 
        cumulative impact of the grant funding received since the 
        initiation of the grant, including--</DELETED>
                <DELETED>    (A) the number of individuals assisted, 
                categorized by ethnicity;</DELETED>
                <DELETED>    (B) the number of hours of counseling and 
                training provided and workshops conducted;</DELETED>
                <DELETED>    (C) the number of startup business 
                concerns formed, maintained, and lost;</DELETED>
                <DELETED>    (D) the gross receipts of assisted small 
                business concerns;</DELETED>
                <DELETED>    (E) the number of jobs created, 
                maintained, or lost at assisted small business 
                concerns; and</DELETED>
                <DELETED>    (F) the number of Native American jobs 
                created, maintained, or lost at assisted small business 
                concerns.</DELETED>
        <DELETED>    (5) Record retention.--</DELETED>
                <DELETED>    (A) Applications.--The Administration 
                shall maintain a copy of each application submitted 
                under this subsection for not less than 10 
                years.</DELETED>
                <DELETED>    (B) Annual reports.--The Administration 
                shall maintain copies of the information collected 
                under paragraph (4) indefinitely.</DELETED>
<DELETED>    (d) Authorization of Appropriations.--There are authorized 
to be appropriated--</DELETED>
        <DELETED>    (1) $1,000,000 for each of the fiscal years 2003 
        through 2006, to carry out the Native American Development 
        Grant Pilot Program, authorized under subsection (b); 
        and</DELETED>
        <DELETED>    (2) $1,000,000 for each of the fiscal years 2003 
        through 2006, to carry out the American Indian Tribal 
        Assistance Center Grant Pilot Program, authorized under 
        subsection (c).</DELETED>
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out the Native American Development Grant Pilot 
Program, authorized under subsection (b)--
            (1) $1,000,000 for each of the fiscal years 2003 through 
        2006, for grants to eligible organizations under subsection 
        (b)(1)(B)(i); and
            (2) $1,000,000 for each of the fiscal years 2003 through 
        2006, for grants to eligible organizations under subsection 
        (b)(1)(B)(ii).




                                                       Calendar No. 545

107th CONGRESS

  2d Session

                                S. 2335

                          [Report No. 107-236]

_______________________________________________________________________

                                 A BILL

  To establish the Office of Native American Affairs within the Small 
 Business Administration, to create the Native American Small Business 
              Development Program, and for other purposes.

_______________________________________________________________________

                             August 1, 2002

                        Reported with amendments