[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.''.
                                 <all>