To establish a Native American Economic Advisory Council, and for other purposes.

Summary: Native American Economic Advisory Council Act of 2010 - Establishes the Native American Economic Advisory Council to assist the Executive Office of the President and federal agencies to ensure that Native Americans have: (1) the means and capacity to benefit from economic stimulus and growth; and (2) opportunities to participate in federal economic development and job growth programs.

Directs the Council to: (1) prepare a compilation of successful business enterprises and joint ventures conducted by Native American organizations, including tribal ventures of Native Corporations in Alaska; and (2) periodically sponsor and arrange conferences and training workshops on Native American business activities.

Requires the Director of the Office of Management and Budget (OMB) and the head of a federal agency, in preparing the President's comments and recommendations to Congress about proposed legislation, to include an assessment of the legislation's economic impact on Native Americans.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Native American Economic Advisory 
Council Act of 2010''.

SEC. 2. FINDINGS.

    Congress finds--
            (1) the United States has a special political and legal 
        relationship and responsibility to promote the welfare of the 
        Native American people of the United States;
            (2) evaluations of indicators and criteria of social well-
        being, education, health, unemployment, housing, income, rates 
        of poverty, justice systems, and nutrition by agencies of 
        Government and others have consistently found that Native 
        American communities rank below other groups of United States 
        citizens and many are at or near the bottom in those 
        evaluations;
            (3) Native Americans, like other people in the United 
        States, have been hit hard by the deepest recession of the 
        United States economy in over 50 years, causing a significant 
        decline in employment and economic activity across the United 
        States;
            (4) Native American communities have been described as 
        ``emerging economies'' and consequently have been stalled in 
        the efforts of the communities to build sustainable growing 
        economies for the people of the communities and are being 
        adversely affected faster than the rest of the United States;
            (5) economic stimulus programs to help Native American 
        communities generate jobs and stronger economic performance 
        will require United States financial and tax incentives to 
        increase both local and expanded investment that is tailored to 
        the unique needs and circumstances of Native American 
        communities;
            (6) the impacts of the ongoing recession and the near 
        collapse of the financial and banking systems require a review 
        of assumptions about the future, the need for new growth 
        strategies, and a focus on laying the groundwork for economic 
        success in the 21st century;
            (7) there is a continuing need for direct economic 
        stimulus, including needs for improving rural infrastructure 
        and alternative energy in rural and Native American communities 
        of the United States and providing Native Americans leaders 
        with the tools to create jobs and improve economic conditions;
            (8) in light of the role of Native American communities as 
        emerging markets within the United States, there are 
        opportunities and needs that should be addressed, including 
        consideration of United States support for the pooling of 
        resources to create an Indigenous Sovereign Wealth Fund that is 
        similar to those Funds created around the world to diversify 
        revenue streams, attract more resources, invest more wisely, 
        and create jobs;
            (9) Native Americans should be participants when major 
        economic decisions are made that affect the property, lives, 
        and future of Native Americans; and
            (10) Native Americans should fully participate in 
        rebuilding Native American communities and have necessary tools 
        and resources.

SEC. 3. PURPOSE.

    The purpose of this Act is to authorize and establish a Native 
American Economic Advisory Council to consult, coordinate with, and 
make recommendations to the Executive Office of the President, Cabinet 
officers, and Federal agencies--
            (1) to improve the focus, effectiveness, and delivery of 
        Federal economic aid and development programs to Native 
        Americans and, as a result, improve substandard economic 
        conditions in Native American communities;
            (2) to build and expand on the capacity of leaders in 
        Native American organizations and communities to take positive 
        and innovative steps--
                    (A) to create jobs;
                    (B) to establish stable and profitable business 
                enterprises;
                    (C) to enhance economic conditions; and
                    (D) to use Native American-owned resources for the 
                benefit of members; and
            (3) to achieve the long-term goal of improving the quality 
        of Native American life and living conditions and access to 
        basic public services to the levels enjoyed by the average 
        citizen and community of the United States by the year 2025.

SEC. 4. ESTABLISHMENT OF NATIVE AMERICAN ECONOMIC ADVISORY COUNCIL.

    (a) In General.--There is established a Native American Economic 
Advisory Council (referred to in this Act as the ``Council'') to advise 
and assist the Executive Office of the President and Federal agencies 
to ensure that Native Americans (including Native American members, 
communities and organizations) have--
            (1) the means and capacity to generate and benefit from 
        economic stimulus and growth; and
            (2) fair access to, and reasonable opportunities to 
        participate in, Federal economic development and job growth 
        programs.
    (b) Members.--
            (1) In general.--The Council shall consist of 5 members 
        appointed by the President.
            (2) Initial appointments.--Not later than 180 days after 
        the date of enactment of this Act, the President shall appoint 
        the initial members of the Council.
            (3) Composition.--Of the members of the Council--
                    (A) 1 member shall be an Alaska Native;
                    (B) 1 member shall be a Hawaiian Native; and
                    (C) 3 members shall represent American Native 
                groups and organizations from other States.
            (4) Chairperson.--The President shall designate 1 of the 
        members of the Council to serve as Chairperson.
    (c) Experience.--Each member of the Council shall be a Native 
American who, as a result of work experience, training, and attainment, 
is well qualified--
            (1) to identify, analyze, and understand the attributes and 
        background of successful business enterprises and economic 
        programs in Native American communities and cultures;
            (2) to appraise the economic development programs and 
        activities of Federal agencies in the context of the goals and 
        purposes of this Act; and
            (3) to recommend programs, policies, and needed program 
        modifications to improve access to and effectiveness in the 
        delivery of economic development programs in Native American 
        communities.
    (d) Vacancies.--A vacancy on the Council--
            (1) shall not affect the authority of the Commission; and
            (2) shall be filled in the same manner as the initial 
        appointments to the Council.
    (e) Expenses.--Each Member of the Council shall be allowed travel 
expenses, including per diem in lieu of subsistence, at the rate 
authorized for employees of agencies under subchapter I of chapter 57 
of title 5, United States Code, while away from the homes or regular 
places of business of the employees in the performance of services for 
the Council.
    (f) Staff.--
            (1) In general.--The Council may, without regard to the 
        civil service laws (including regulations), appoint and 
        terminate an executive director and such other staff as are 
        necessary to enable the Council to perform the duties required 
        under this Act.
            (2) Compensation.--
                    (A) In general.--Subject to subparagraph (B), the 
                Council may fix the compensation of the executive 
                director and other personnel without regard to the 
                provisions of chapter 51 and subchapter III of chapter 
                53 of title 5, United States Code, relating to 
                classification of positions and General Schedule pay 
                rates.
                    (B) Maximum amount.--The rate of pay for the 
                executive director and other personnel of the Council 
                shall not exceed the rate payable for level V of the 
                Executive Schedule under section 5316 of title 5, 
                United States Code.
    (g) Detail of Employees.--
            (1) In general.--An employee of the Federal Government may 
        be detailed to the Council without reimbursement.
            (2) Civil service status.--The detail of an employee shall 
        be without interruption or loss of civil service status or 
        privilege.
    (h) Temporary Services.--The Council may procure temporary and 
intermittent services in accordance with section 3109(b) of title 5, 
United States Code, at rates for individuals that do not exceed the 
daily equivalent of the annual rate of basic pay prescribed for level V 
of the Executive Schedule under section 5316 of that title.
    (i) Administrative Services.--The Secretary of Commerce shall 
provide necessary office space and administrative services for the 
Council (including staff of the Council).

SEC. 5. DUTIES.

    (a) In General.--The Council shall advise and make recommendations 
to Federal agencies on--
            (1) proposing sustainable economic growth and poverty 
        reduction policies in a manner that promotes self-
        determination, self-sufficiency, and independence in urban and 
        remote Native American communities while preserving the 
        traditional cultural values of those communities;
            (2) ensuring that Native Americans (including Native 
        American communities and organizations) have equal access to 
        Federal economic aid, training, and assistance programs;
            (3) developing economic growth strategies, finance, and tax 
        policies that will enable Native American organizations to 
        stimulate the local economies of Native Americans and create 
        meaningful new jobs in Native American communities;
            (4) increasing the effectiveness of Federal programs to 
        address the economic, employment, medical, and social needs of 
        Native American communities;
            (5) administering Federal economic development assistance 
        programs with an understanding of the unique needs of Native 
        American communities with the objectives of--
                    (A) making Native American leaders knowledgeable 
                about best business practices and successful economic 
                and job growth strategies;
                    (B) promoting investment and economic growth and 
                reducing unemployment and poverty in Native American 
                communities;
                    (C) enhancing governance, entrepreneurship, and 
                self-determination in Native American communities; and
                    (D) fostering demonstrations of transformational 
                changes in economic conditions in remote Native 
                American communities through the use of innovative 
                technology, targeted investments, and the use of Native 
                American-owned natural and scenic resources;
            (6) improving the effectiveness of economic development 
        assistance programs through the integration and coordination of 
        assistance to Native American communities;
            (7) recommending educational and business training programs 
        for Native Americans that increase the capacity of Native 
        Americans for economic well-being and to further the purposes 
        of this Act; and
            (8) initiating proposals, as needed, for fellowship and 
        mentoring programs to meet the economic development needs of 
        Native American communities.
    (b) Additional Duties.--The Council shall--
            (1) prepare a compilation of successful business 
        enterprises and joint ventures conducted by Native American 
        organizations, including tribal enterprises and the commercial 
        ventures of Native Corporations (as defined in section 102 of 
        the Alaska National Interest Lands Conservation Act (16 U.S.C. 
        3102)) in the State of Alaska; and
            (2) periodically sponsor and arrange conferences and 
        training workshops on Native American business activities, 
        including providing mentors, resource people, and speakers to 
        address financing, management, marketing, resource development, 
        and best business practices in Native American business 
        enterprises.

SEC. 6. ASSESSMENT OF IMPACTS OF LEGISLATIVE PROPOSALS ON NATIVE 
              AMERICAN ECONOMIC PROSPECTS AND OPPORTUNITY.

    In preparing and communicating the comments and recommendations of 
the President on proposed legislation to committees and leadership of 
Congress, the Director of the Office of Management and Budget and the 
head of a Federal agency shall include an assessment of the impacts of 
the proposed legislation on the economic and employment prospects and 
opportunities provided in the proposed legislation to improve the 
quality of living conditions of Native American communities, 
organizations, and members to the levels enjoyed by most people of the 
United States.

SEC. 7. REPORTS.

    The Council shall--
            (1) prepare periodic reports on the activities of the 
        Council; and
            (2) make the reports available to--
                    (A) Native American communities, organizations, and 
                members;
                    (B) the General Services Administration;
                    (C) the Office of Management and Budget;
                    (D) the Domestic Policy Council;
                    (E) the National Economic Council;
                    (F) the Council of Economic Advisers;
                    (G) the Secretary of the Treasury;
                    (H) the Secretary of Commerce;
                    (I) the Secretary of Labor;
                    (J) the Secretary of the Interior;
                    (K) the Secretary of Energy; and
                    (L) members of the public.