Native American Small Business Assistance and Entrepreneurial Growth Act of 2010 - Amends the Small Business Act to establish within the Small Business Administration (SBA) the Office of Native American Affairs, headed by an Associate Administrator, to implement SBA programs for the development of business enterprises by Native Americans. Requires the Office to assist Native American entrepreneurs to: (1) develop small businesses; (2) develop management and technical skills; (3) seek federal procurement opportunities; (4) increase Native American employment opportunities; and (5) increase Native American access to capital markets.
Requires: (1) SBA to provide financial assistance to tribal colleges, certain nonprofit organizations, and small business development or women's business centers to create Native American business centers; (2) each business center to conduct five-year projects for business education aid to such entities; and (3) each assistance applicant to submit a five-year plan on proposed assistance and training activities.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6233 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 6233
To establish a Native American entrepreneurial development program in
the Small Business Administration.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 28, 2010
Ms. Herseth Sandlin (for herself, Mr. Kildee, Mr. Cole, and Mr. Young
of Alaska) introduced the following bill; which was referred to the
Committee on Small Business
_______________________________________________________________________
A BILL
To establish a Native American entrepreneurial development program in
the Small Business Administration.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Small Business
Assistance and Entrepreneurial Growth Act of 2010''.
SEC. 2. 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; and
``(II) employs an executive
director or program manager to manage
the center;
``(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 individual 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) 5-year projects.--
``(A) In general.--Each Native American business
center that receives assistance under paragraph (1)(A)
shall conduct a 5-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 through
fifth years 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 5-year plan.--Each applicant
for assistance under paragraph (1) shall submit a 5-
year plan to the Administration on proposed assistance
and training activities.
``(B) Criteria.--
``(i) In general.--The 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 5-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 5-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.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Small Business.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line