[Congressional Record (Bound Edition), Volume 155 (2009), Part 21]
[House]
[Pages 27985-27987]
[From the U.S. Government Publishing Office, www.gpo.gov]




      NATIVE AMERICAN BUSINESS DEVELOPMENT ENHANCEMENT ACT OF 2009

  Ms. VELAZQUEZ. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1834) to amend the Small Business Act to expand and improve 
the assistance provided to Indian tribe members, Alaska Natives, and 
Native Hawaiians, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1834

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Native American Business 
     Development Enhancement Act of 2009''.

     SEC. 2. OFFICE OF NATIVE AMERICAN AFFAIRS; TRIBAL BUSINESS 
                   INFORMATION CENTERS PROGRAM.

       (a) Associate Administrator.--Section 4(b)(1) of the Small 
     Business Act (15 U.S.C. 633(b)(1)) is amended--
       (1) by striking ``five Associate Administrators'' and 
     inserting ``six Associate Administrators''; and
       (2) by inserting after ``vested in the Administration.'' 
     the following: ``One such Associate Administrator shall be 
     the Associate Administrator for Native American Affairs, who 
     shall administer the Office of Native American Affairs 
     established under section 44.''.
       (b) Establishment.--The Small Business Act (15 U.S.C. 631 
     et seq.) is amended--
       (1) by redesignating section 44 as section 45; and
       (2) by inserting after section 43 the following:

     ``SEC. 44. OFFICE OF NATIVE AMERICAN AFFAIRS AND TRIBAL 
                   BUSINESS INFORMATION CENTERS PROGRAM.

       ``(a) Office of Native American Affairs.--
       ``(1) Establishment.--There is established in the 
     Administration an Office of Native American Affairs 
     (hereinafter referred to in this subsection as the `Office').
       ``(2) Associate administrator.--The Office shall be 
     administered by an Associate Administrator appointed under 
     section 4(b)(1).
       ``(3) Responsibilities.--The Office shall have the 
     following responsibilities:
       ``(A) Developing and implementing tools and strategies to 
     increase Native American entrepreneurship.
       ``(B) Expanding the access of Native American entrepreneurs 
     to business training, financing, and Federal small business 
     contracts.
       ``(C) Expanding outreach to Native American communities and 
     marketing entrepreneurial development services to such 
     communities.
       ``(D) Representing the Administration with respect to 
     Native American economic development matters.
       ``(4) Coordination and oversight function.--The Office 
     shall provide oversight with respect to and assist the 
     implementation of all Administration initiatives relating to 
     Native American entrepreneurial development.
       ``(5) Authorization of appropriations.--To carry out this 
     subsection, there is authorized to be appropriated to the 
     Administrator $2,000,000 for each of fiscal years 2010 and 
     2011.
       ``(b) Tribal Business Information Centers Program.--
       ``(1) Establishment.--The Administrator is authorized to 
     operate, alone or in coordination with other Federal 
     departments and agencies, a Tribal Business Information 
     Centers program that provides Native American populations 
     with business training and entrepreneurial development 
     assistance.
       ``(2) Designation of centers.--The Administrator shall 
     designate entities as centers under the Tribal Business 
     Information Centers program.
       ``(3) Administration support.--The Administrator may 
     contribute agency personnel and resources to the centers 
     designated under paragraph (2) to carry out this subsection.
       ``(4) Grant program.--The Administrator is authorized to 
     make grants of not more than $300,000 to centers designated 
     under paragraph (2) for the purpose of providing Native 
     Americans the following:
       ``(A) Business workshops.
       ``(B) Individualized business counseling.
       ``(C) Entrepreneurial development training.
       ``(D) Access to computer technology and other resources to 
     start or expand a business.
       ``(5) Regulations.--The Administrator shall by regulation 
     establish a process for designating centers under paragraph 
     (2) and making the grants authorized under paragraph (4).
       ``(6) Definition of administrator.--In this subsection, the 
     term `Administrator' means the Administrator, acting through 
     the Associate Administrator administering the Office of 
     Native American Affairs.
       ``(7) Authorization of appropriations.--To carry out this 
     subsection, there is authorized to be appropriated to the 
     Administrator $15,000,000 for fiscal year 2010 and 
     $17,000,000 for fiscal year 2011.
       ``(c) Definition of Native American.--The term `Native 
     American' means an Indian tribe member, Alaska Native, or 
     Native Hawaiian as such are defined in section 21(a)(8) of 
     this Act.''.

     SEC. 3. SMALL BUSINESS DEVELOPMENT CENTER ASSISTANCE TO 
                   INDIAN TRIBE MEMBERS, ALASKA NATIVES, AND 
                   NATIVE HAWAIIANS.

       (a) In General.--Section 21(a) of the Small Business Act 
     (15 U.S.C. 648(a)) is amended by adding at the end the 
     following:
       ``(8) Additional grant to assist indian tribe members, 
     alaska natives, and native hawaiians.--

[[Page 27986]]

       ``(A) In general.--Any applicant in an eligible State that 
     is funded by the Administration as a Small Business 
     Development Center may apply for an additional grant to be 
     used solely to provide services described in subsection 
     (c)(3) to assist with outreach, development, and enhancement 
     on Indian lands of small business startups and expansions 
     owned by Indian tribe members, Alaska Natives, and Native 
     Hawaiians.
       ``(B) Eligible states.--For purposes of subparagraph (A), 
     an eligible State is a State that has a combined population 
     of Indian tribe members, Alaska Natives, and Native Hawaiians 
     that comprises at least 1 percent of the State's total 
     population, as shown by the latest available census.
       ``(C) Grant applications.--An applicant for a grant under 
     subparagraph (A) shall submit to the Administration an 
     application that is in such form as the Administration may 
     require. The application shall include information regarding 
     the applicant's goals and objectives for the services to be 
     provided using the grant, including--
       ``(i) the capability of the applicant to provide training 
     and services to a representative number of Indian tribe 
     members, Alaska Natives, and Native Hawaiians;
       ``(ii) the location of the Small Business Development 
     Center site proposed by the applicant;
       ``(iii) the required amount of grant funding needed by the 
     applicant to implement the program; and
       ``(iv) the extent to which the applicant has consulted with 
     local tribal councils.
       ``(D) Applicability of grant requirements.--An applicant 
     for a grant under subparagraph (A) shall comply with all of 
     the requirements of this section, except that the matching 
     funds requirements under paragraph (4)(A) shall not apply.
       ``(E) Maximum amount of grants.--No applicant may receive 
     more than $300,000 in grants under this paragraph for any 
     fiscal year.
       ``(F) Regulations.--After providing notice and an 
     opportunity for comment and after consulting with the 
     Association recognized by the Administration pursuant to 
     paragraph (3)(A) (but not later than 180 days after the date 
     of enactment of this paragraph), the Administration shall 
     issue final regulations to carry out this paragraph, 
     including regulations that establish--
       ``(i) standards relating to educational, technical, and 
     support services to be provided by Small Business Development 
     Centers receiving assistance under this paragraph; and
       ``(ii) standards relating to any work plan that the 
     Administration may require a Small Business Development 
     Center receiving assistance under this paragraph to develop.
       ``(G) Advice of local tribal organizations.--A Small 
     Business Development Center receiving a grant under this 
     paragraph shall request the advice of a tribal organization 
     on how best to provide assistance to Indian tribe members, 
     Alaska Natives, and Native Hawaiians and where to locate 
     satellite centers to provide such assistance.
       ``(H) Definitions.--In this paragraph, the following 
     definitions apply:
       ``(i) Indian lands.--The term `Indian lands' has the 
     meaning given the term `Indian country' in section 1151 of 
     title 18, United States Code, the meaning given the term 
     `Indian reservation' in section 151.2 of title 25, Code of 
     Federal Regulations (as in effect on the date of enactment of 
     this paragraph), and the meaning given the term `reservation' 
     in section 4 of the Indian Child Welfare Act of 1978 (25 
     U.S.C. 1903).
       ``(ii) Indian tribe.--The term `Indian tribe' means any 
     band, nation, or organized group or community of Indians 
     located in the contiguous United States, and the Metlakatla 
     Indian Community, whose members are recognized as eligible 
     for the services provided to Indians by the Secretary of the 
     Interior because of their status as Indians.
       ``(iii) Indian tribe member.--The term `Indian tribe 
     member' means a member of an Indian tribe (other than an 
     Alaska Native).
       ``(iv) Alaska native.--The term `Alaska Native' has the 
     meaning given the term `Native' in section 3(b) of the Alaska 
     Native Claims Settlement Act (43 U.S.C. 1602(b)).
       ``(v) Native hawaiian.--The term `Native Hawaiian' means 
     any individual who is--

       ``(I) a citizen of the United States; and
       ``(II) a descendant of the aboriginal people, who prior to 
     1778, occupied and exercised sovereignty in the area that now 
     constitutes the State of Hawaii.

       ``(vi) Tribal organization.--The term `tribal organization' 
     has the meaning given that term in section 4(l) of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     450b(l)).
       ``(I) Authorization of appropriations.--There is authorized 
     to be appropriated to carry out this paragraph $7,000,000 for 
     each of fiscal years 2010 and 2011.
       ``(J) Funding limitations.--
       ``(i) Nonapplicability of certain limitations.--Funding 
     under this paragraph shall be in addition to the dollar 
     program limitations specified in paragraph (4).
       ``(ii) Limitation on use of funds.--The Administration may 
     carry out this paragraph only with amounts appropriated in 
     advance specifically to carry out this paragraph.''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
New York (Ms. Velazquez) and the gentleman from Missouri (Mr. 
Luetkemeyer) each will control 20 minutes.
  The Chair recognizes the gentlewoman from New York.


                             General Leave

  Ms. VELAZQUEZ. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and 
include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from New York?
  There was no objection.
  Ms. VELAZQUEZ. Mr. Speaker, the Small Business Administration has 
always worked to promote entrepreneurship amongst underrepresented 
groups and within underserved parts of the country. For this community, 
small business growth means more than just new jobs; it means economic 
development. That is why SBA offers a number of programs designed to 
encourage women and minorities to start their own ventures. H.R. 1834, 
the Native American Business Development Enhancement Act, builds on 
that tradition of growth through diversity.
  As our economy continues to struggle, we need to be creating jobs 
everywhere we can. This rings especially true amongst underserved 
groups like Native Americans. After all, few segments of the population 
are in greater need of job creation. Within the Navajo tribe, the 
largest in the Native American community, unemployment has long hovered 
at 50 percent. On certain tribal reservations, it has reached a 
staggering 80 percent.
  In a recent speech to various tribal leaders, President Obama 
stressed the need for Native Americans to become ``a full partner in 
the American economy.'' Mr. Speaker, what better way to forge that kind 
of partnership than through entrepreneurship? While their community 
faces significant challenges, Native Americans have never shied away 
from starting their own ventures. In recent years, entrepreneurship 
among Native Americans and Alaska Native women has soared by 69 
percent. With this bill, we can build on that growth, supporting the 
kind of job creation that the Native American community so sorely 
needs.
  As of 2002, there were over 200,000 Native American firms nationwide. 
While those businesses span a broad range of tribes and industries, 
they are unified in their need for resources like technical assistance 
and affordable capital. This bill helps them access those tools. 
Importantly, it establishes an office focused solely on Native American 
small businesses, one that can address their unique needs head on.
  Like many small business owners, Native American entrepreneurs have 
been battered by the recession. As a result, many of these men and 
women are struggling with obstacles like access to capital. For these 
business owners, entrepreneurial development programs, such as those 
that provide training for loan applications, can go a long way in 
easing challenges. H.R. 1834 puts critical training resources within 
reach, and tailors them to the specific strengths of the Native 
American firms. By better customizing these programs, we can give 
Native American entrepreneurs the tools they need to grow and the 
resources they need to create jobs.
  This is an important piece of legislation, and I thank Representative 
Kirkpatrick for her work in helping it come together.
  I urge its support, and I reserve the balance of my time.
  Mr. LUETKEMEYER. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, I rise in support of the request to suspend the rules 
and pass H.R. 1834, a bill to provide additional small business 
development center resources focused on Native Americans, Alaska 
Natives, and Native Hawaiians.
  I'd like to thank Chairwoman Velazquez for working in a cooperative 
and bipartisan manner to bring this bill to the House floor.
  The majority of Indian tribe members and Alaska Natives live on or in

[[Page 27987]]

the immediate vicinity of Indian lands. These lands are generally in 
remote locations far from access to resources that most Americans take 
for granted. Due to the remoteness and lack of economic development, it 
is not surprising that Native Americans suffer from unemployment 
averages in excess of twice that faced by the rest of the American 
population.
  Enactment of H.R. 1834 is not designed to immediately relieve the 
harsh circumstances facing many Native Americans. Instead, it is an 
effort to bring greater technical assistance to Native Americans so 
they can create new businesses that will spur economic development.
  The committee has heard testimony from Native Americans about the 
value of the technical assistance provided by SBA's entrepreneurial 
outreach programs. These programs enable them to navigate the 
complexities of starting a business. H.R. 1834 recognizes the value of 
this assistance by codifying the Small Business Administration's Tribal 
Business Center program. In addition, the bill improves access to Small 
Business Development Centers by providing the grantees with increased 
incentives to perform outreach to Native Americans without undermining 
the core funding provided to Small Business Development Centers.
  Finally, the bill requires better coordination between the SBA and 
tribal organizations in providing technical programs. By providing the 
technical resources needed to start and manage businesses, H.R. 1834 
will challenge the entrepreneurial spirit of Native Americans, increase 
economic development on Indian lands, reduce poverty, and create a 
healthier living environment for future generations of the first 
Americans.
  I reserve the balance of my time.
  Ms. VELAZQUEZ. Mr. Speaker, I yield as much time as she may consume 
to the lead sponsor of the bill, the gentlelady from Arizona (Mrs. 
Kirkpatrick).
  Mrs. KIRKPATRICK of Arizona. Thank you for the opportunity to 
consider my legislation, the Native American Business Development 
Enhancement Act. The resources in this bill will greatly assist tribal 
communities develop their economic potential.
  I was born and grew up in the White Mountain Apache communities where 
my father ran a small business. I have seen our Native communities make 
due with less even when times are good. And in these tough economic 
times, we can do more to help build communities and bolster local 
economies on tribal lands.
  Like most entrepreneurs, Native small business owners require help 
with planning, capitalizing, and turning their businesses into thriving 
businesses. This bill will strengthen economies and create new jobs by 
expanding the assistance available to Indian, Alaska Native, and Native 
Hawaiian small business entrepreneurs under the Small Business Act.
  By providing essential training and assistance and helping to 
capitalize small businesses in Indian Country, Native communities will 
benefit as their businesses prosper, opportunities for economic 
development multiply, and new jobs are created. This legislation was 
included in a House-passed package of policies to encourage 
entrepreneurship.
  Thank you to Chairwoman Velazquez and to Ranking Member Luetkemeyer 
for working with me on this important issue. I am very pleased this 
legislation is moving forward, and I urge its passage.
  Ms. RICHARDSON. Mr. Speaker, as a member of the Native American 
Caucus, I rise today in strong support of H.R. 1834, the Native 
American Business Development Enhancement Act of 2009, which will 
promote entrepreneurship within the Native American community. This is 
the kind of legislation we need to lift us out of this economic 
downturn. H.R. 1834 will serve as a vehicle to create jobs, support 
small businesses, and help people get back to work in the communities 
that need it most.
  I acknowledge Chairwoman Velazquez for her leadership in bringing 
this important bill to the floor. I would also like to thank my 
colleague Congresswoman Kilpatrick, the author of this legislation, who 
worked so hard to help such an underserved community get the 
opportunities they need to succeed.
  Mr. Speaker, the Native American Business Development Enhancement Act 
establishes the Office of Native American Affairs in the Small Business 
Administration, SBA, to increase Native American entrepreneurship. H.R. 
1834 will enable SBA's administrator to operate a Tribal Business 
Information Centers program to provide Native American populations with 
business training and entrepreneurial development assistance. The SBA 
will contribute agency personnel and resources to the centers, as well 
as make grants to the centers. In addition, Indian tribe members, 
Alaska Natives, and Native Hawaiians can apply for grants to assist 
with outreach, development, and enhancement of small business startups 
and expansions.
  In California, the State I represent, there are over 100 tribes, many 
of varying levels of economic success. As a long time friend and 
supporter of the Native American community, I am so pleased to champion 
a bill such as H.R. 1834, which provides economic opportunities that 
have been denied to this community for so long. But more must be done, 
and I look forward to working with my colleagues to ensure that Native 
Americans receive the full equal range of opportunities in this 
country.
  In conclusion, Mr. Speaker, I support this bill because it will 
provide job training and opportunities to the areas and populations 
that need the most assistance. The communities served by H.R. 1834 
represent some of the most traditionally disadvantaged, isolated, and 
underserved populations in America. This legislation is yet another 
example of how Congress is taking the action necessary to respond to 
the current economic situation with innovative solutions.
  Mr. Speaker, I urge my colleagues to join me in supporting H.R. 1834.
  Mr. LUETKEMEYER. I yield back the balance of my time.
  Ms. VELAZQUEZ. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from New York (Ms. Velazquez) that the House suspend the 
rules and pass the bill, H.R. 1834, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Ms. VELAZQUEZ. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

                          ____________________