To establish a Native American Economic Advisory Council, and
for other purposes.
IN THE SENATE OF THE UNITED STATES
January 25 (legislative day, January 5), 2011
Mr. INOUYE (for himself, Ms. MURKOWSKI, and Mr. BEGICH) introduced
the following bill; which was read twice and referred to the Committee
on Indian Affairs
To establish a Native American Economic Advisory Council, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Native American Economic Advisory Council
Act of 2011'.
SEC. 2. FINDINGS.
(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
(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
(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
(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;
(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
(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--
(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;
(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.
(1) IN GENERAL- The Council shall consist of 5 members appointed by
(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
(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
(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.
(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.
(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.
(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
(4) increasing the effectiveness of Federal programs to address the
economic, employment, medical, and social needs of Native American
(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
(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
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.
(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.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this Act such sums
as are necessary.