[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1834 Engrossed in House (EH)]
111th CONGRESS
1st Session
H. R. 1834
_______________________________________________________________________
AN ACT
To amend the Small Business Act to expand and improve the assistance
provided to Indian tribe members, Alaska Natives, and Native Hawaiians,
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 Business Development
Enhancement Act of 2009''.
SEC. 2. OFFICE OF NATIVE AMERICAN AFFAIRS; TRIBAL BUSINESS INFORMATION
CENTERS PROGRAM.
(a) Associate Administrator.--Section 4(b)(1) of the Small Business
Act (15 U.S.C. 633(b)(1)) is amended--
(1) by striking ``five Associate Administrators'' and
inserting ``six Associate Administrators''; and
(2) by inserting after ``vested in the Administration.''
the following: ``One such Associate Administrator shall be the
Associate Administrator for Native American Affairs, who shall
administer the Office of Native American Affairs established
under section 44.''.
(b) Establishment.--The Small Business Act (15 U.S.C. 631 et seq.)
is amended--
(1) by redesignating section 44 as section 45; and
(2) by inserting after section 43 the following:
``SEC. 44. OFFICE OF NATIVE AMERICAN AFFAIRS AND TRIBAL BUSINESS
INFORMATION CENTERS PROGRAM.
``(a) Office of Native American Affairs.--
``(1) Establishment.--There is established in the
Administration an Office of Native American Affairs
(hereinafter referred to in this subsection as the `Office').
``(2) Associate administrator.--The Office shall be
administered by an Associate Administrator appointed under
section 4(b)(1).
``(3) Responsibilities.--The Office shall have the
following responsibilities:
``(A) Developing and implementing tools and
strategies to increase Native American
entrepreneurship.
``(B) Expanding the access of Native American
entrepreneurs to business training, financing, and
Federal small business contracts.
``(C) Expanding outreach to Native American
communities and marketing entrepreneurial development
services to such communities.
``(D) Representing the Administration with respect
to Native American economic development matters.
``(4) Coordination and oversight function.--The Office
shall provide oversight with respect to and assist the
implementation of all Administration initiatives relating to
Native American entrepreneurial development.
``(5) Authorization of appropriations.--To carry out this
subsection, there is authorized to be appropriated to the
Administrator $2,000,000 for each of fiscal years 2010 and
2011.
``(b) Tribal Business Information Centers Program.--
``(1) Establishment.--The Administrator is authorized to
operate, alone or in coordination with other Federal
departments and agencies, a Tribal Business Information Centers
program that provides Native American populations with business
training and entrepreneurial development assistance.
``(2) Designation of centers.--The Administrator shall
designate entities as centers under the Tribal Business
Information Centers program.
``(3) Administration support.--The Administrator may
contribute agency personnel and resources to the centers
designated under paragraph (2) to carry out this subsection.
``(4) Grant program.--The Administrator is authorized to
make grants of not more than $300,000 to centers designated
under paragraph (2) for the purpose of providing Native
Americans the following:
``(A) Business workshops.
``(B) Individualized business counseling.
``(C) Entrepreneurial development training.
``(D) Access to computer technology and other
resources to start or expand a business.
``(5) Regulations.--The Administrator shall by regulation
establish a process for designating centers under paragraph (2)
and making the grants authorized under paragraph (4).
``(6) Definition of administrator.--In this subsection, the
term `Administrator' means the Administrator, acting through
the Associate Administrator administering the Office of Native
American Affairs.
``(7) Authorization of appropriations.--To carry out this
subsection, there is authorized to be appropriated to the
Administrator $15,000,000 for fiscal year 2010 and $17,000,000
for fiscal year 2011.
``(c) Definition of Native American.--The term `Native American'
means an Indian tribe member, Alaska Native, or Native Hawaiian as such
are defined in section 21(a)(8) of this Act.''.
SEC. 3. SMALL BUSINESS DEVELOPMENT CENTER ASSISTANCE TO INDIAN TRIBE
MEMBERS, ALASKA NATIVES, AND NATIVE HAWAIIANS.
(a) In General.--Section 21(a) of the Small Business Act (15 U.S.C.
648(a)) is amended by adding at the end the following:
``(8) Additional grant to assist indian tribe members,
alaska natives, and native hawaiians.--
``(A) In general.--Any applicant in an eligible
State that is funded by the Administration as a Small
Business Development Center may apply for an additional
grant to be used solely to provide services described
in subsection (c)(3) to assist with outreach,
development, and enhancement on Indian lands of small
business startups and expansions owned by Indian tribe
members, Alaska Natives, and Native Hawaiians.
``(B) Eligible states.--For purposes of
subparagraph (A), an eligible State is a State that has
a combined population of Indian tribe members, Alaska
Natives, and Native Hawaiians that comprises at least 1
percent of the State's total population, as shown by
the latest available census.
``(C) Grant applications.--An applicant for a grant
under subparagraph (A) shall submit to the
Administration an application that is in such form as
the Administration may require. The application shall
include information regarding the applicant's goals and
objectives for the services to be provided using the
grant, including--
``(i) the capability of the applicant to
provide training and services to a
representative number of Indian tribe members,
Alaska Natives, and Native Hawaiians;
``(ii) the location of the Small Business
Development Center site proposed by the
applicant;
``(iii) the required amount of grant
funding needed by the applicant to implement
the program; and
``(iv) the extent to which the applicant
has consulted with local tribal councils.
``(D) Applicability of grant requirements.--An
applicant for a grant under subparagraph (A) shall
comply with all of the requirements of this section,
except that the matching funds requirements under
paragraph (4)(A) shall not apply.
``(E) Maximum amount of grants.--No applicant may
receive more than $300,000 in grants under this
paragraph for any fiscal year.
``(F) Regulations.--After providing notice and an
opportunity for comment and after consulting with the
Association recognized by the Administration pursuant
to paragraph (3)(A) (but not later than 180 days after
the date of enactment of this paragraph), the
Administration shall issue final regulations to carry
out this paragraph, including regulations that
establish--
``(i) standards relating to educational,
technical, and support services to be provided
by Small Business Development Centers receiving
assistance under this paragraph; and
``(ii) standards relating to any work plan
that the Administration may require a Small
Business Development Center receiving
assistance under this paragraph to develop.
``(G) Advice of local tribal organizations.--A
Small Business Development Center receiving a grant
under this paragraph shall request the advice of a
tribal organization on how best to provide assistance
to Indian tribe members, Alaska Natives, and Native
Hawaiians and where to locate satellite centers to
provide such assistance.
``(H) Definitions.--In this paragraph, the
following definitions apply:
``(i) Indian lands.--The term `Indian
lands' has the meaning given the term `Indian
country' in section 1151 of title 18, United
States Code, the meaning given the term `Indian
reservation' in section 151.2 of title 25, Code
of Federal Regulations (as in effect on the
date of enactment of this paragraph), and the
meaning given the term `reservation' in section
4 of the Indian Child Welfare Act of 1978 (25
U.S.C. 1903).
``(ii) Indian tribe.--The term `Indian
tribe' means any band, nation, or organized
group or community of Indians located in the
contiguous United States, and the Metlakatla
Indian Community, whose members are recognized
as eligible for the services provided to
Indians by the Secretary of the Interior
because of their status as Indians.
``(iii) Indian tribe member.--The term
`Indian tribe member' means a member of an
Indian tribe (other than an Alaska Native).
``(iv) Alaska native.--The term `Alaska
Native' has the meaning given the term `Native'
in section 3(b) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602(b)).
``(v) Native hawaiian.--The term `Native
Hawaiian' means any individual who is--
``(I) a citizen of the United
States; and
``(II) a descendant of the
aboriginal people, who prior to 1778,
occupied and exercised sovereignty in
the area that now constitutes the State
of Hawaii.
``(vi) Tribal organization.--The term
`tribal organization' has the meaning given
that term in section 4(l) of the Indian Self-
Determination and Education Assistance Act (25
U.S.C. 450b(l)).
``(I) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
paragraph $7,000,000 for each of fiscal years 2010 and
2011.
``(J) Funding limitations.--
``(i) Nonapplicability of certain
limitations.--Funding under this paragraph
shall be in addition to the dollar program
limitations specified in paragraph (4).
``(ii) Limitation on use of funds.--The
Administration may carry out this paragraph
only with amounts appropriated in advance
specifically to carry out this paragraph.''.
Passed the House of Representatives November 19, 2009.
Attest:
Clerk.
111th CONGRESS
1st Session
H. R. 1834
_______________________________________________________________________
AN ACT
To amend the Small Business Act to expand and improve the assistance
provided to Indian tribe members, Alaska Natives, and Native Hawaiians,
and for other purposes.