Short title

This Act may be cited as the

Native American Employment Act of 2010

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.

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.

Surety bond guarantees

Section 218 of the Indian Financing Act of 1974 (25 U.S.C. 1497a) is amended to read as follows:

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.

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:

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:

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.

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)..

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)

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.

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:

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.

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:

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.