II 

118TH CONGRESS 

2D SESSION S. 4950 

To amend the Workforce Innovation and Opportunity Act regarding Native 

American programs. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 1, 2024 

Mr. LUJA ́N introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend the Workforce Innovation and Opportunity Act 

regarding Native American programs. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Tribal Employment 

5 and Training Support Act’’. 

6 SEC. 2. AMENDMENTS TO WIOA. 

7 Section 166 of the Workforce Innovation and Oppor8 tunity Act (29 U.S.C. 3221) is amended— 

9 (1) in subsection (a)(2)— 


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1 (A) by striking ‘‘(25 U.S.C. 450 et seq.) 

2 and the’’ and inserting ‘‘(25 U.S.C. 5301 et 

3 seq.), consistent with the’’; and 

4 (B) by inserting ‘‘, and that is in further5 ance of the trust responsibility of the United 

6 States’’ before the period at the end; 

7 (2) in subsection (b)— 

8 (A) in paragraph (2), by striking ‘‘(25 

9 U.S.C. 450b)’’ and inserting ‘‘(25 U.S.C. 

10 5304)’’; and 

11 (B) in paragraph (3), by inserting ‘‘(20 

12 U.S.C. 7517)’’ before the period at the end; 

13 (3) in subsection (c) by striking ‘‘, on a com14 petitive basis,’’; 

15 (4) in subsection (d)(2), by striking subpara16 graph (B) and inserting the following: 

17 ‘‘(B) ADMINISTRATIVE COSTS.—Not more 

18 than 15 percent of the funds made available to 

19 an entity under subsection (c) may be used for 

20 the administrative costs of the activities and 

21 services described in subparagraph (A). 

22 ‘‘(C) SPECIAL RULES.— 

23 ‘‘(i) ELIGIBILITY.—Notwithstanding 

24 any other provision of this section, individ25 uals who were eligible to participate in proVerDate Sep 11 2014 04:26 Aug 31, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4950.IS S4950

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1 grams under section 401 of the Job Train2 ing Partnership Act (as such section was 

3 in effect on the day before the date of en4 actment of the Workforce Investment Act 

5 of 1998) shall be eligible to participate in 

6 an activity assisted under this section. 

7 ‘‘(ii) TRANSFER OF UNOBLIGATED

8 FUNDS.—An entity receiving funds under 

9 subsection (c) may transfer such funds 

10 that are unobligated for an award year to 

11 the following award year for activities de12 scribed in subparagraph (A)(i) in that fol13 lowing award year.’’; 

14 (5) in subsection (e)(5), by striking ‘‘which 

15 shall’’ and all that follows through ‘‘such indicators’’ 

16 and inserting ‘‘including the expected levels of per17 formance for indicators of such measures’’; 

18 (6) by striking subsection (h) and inserting the 

19 following: 

20 ‘‘(h) PERFORMANCE ACCOUNTABILITY MEASURES.— 

21 ‘‘(1) DEVELOPMENT OF INDICATORS AND

22 STANDARDS.—The Secretary, in consultation with 

23 the Native American Employment and Training 

24 Council, shall develop a set of performance indica25 tors and standards that, as provided in subsection 


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1 (e)(5), shall be applicable to programs under this 

2 section. 

3 ‘‘(2) SPECIAL CONSIDERATIONS.—Such per4 formance indicators and standards shall take into 

5 account— 

6 ‘‘(A) the purpose of this section as de7 scribed in subsection (a)(1); 

8 ‘‘(B) the needs of the groups served by this 

9 section, including the differences in needs 

10 among such groups in various geographic serv11 ice areas; and 

12 ‘‘(C) the economic circumstances of the 

13 communities served, including differences in cir14 cumstances among various geographic service 

15 areas.’’; 

16 (7) in subsection (i)— 

17 (A) in paragraph (4)— 

18 (i) in subparagraph (A)— 

19 (I) by striking ‘‘Using’’ and in20 serting the following: 

21 ‘‘(i) ESTABLISHMENT.—Using’’; and 

22 (II) by adding at the end the fol23 lowing: 

24 ‘‘(ii) RECOMMENDATIONS.—The Sec25 retary shall meet, not less than annually, 


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1 with the Council to consider recommenda2 tions from the Council on the operation 

3 and administration of the programs as4 sisted under this section.’’; and 

5 (ii) in subparagraph (B)— 

6 (I) by striking ‘‘The Council’’ 

7 and inserting the following: 

8 ‘‘(i) IN GENERAL.—The Council’’; and 

9 (II) by adding at the end the fol10 lowing: 

11 ‘‘(ii) VACANCIES.—An individual ap12 pointed to fill a vacancy on the Council oc13 curring before the expiration of the term 

14 for which the predecessor of such indi15 vidual was appointed shall be appointed 

16 only for the remainder of that term. Such 

17 an individual may serve on the Council 

18 after the expiration of such term until a 

19 successor is appointed.’’; 

20 (B) in paragraph (5)— 

21 (i) by striking ‘‘is authorized to’’ and 

22 inserting ‘‘shall’’; 

23 (ii) by striking ‘‘The Secretary’’ and 

24 inserting the following: 

25 ‘‘(A) IN GENERAL.—The Secretary’’; and 


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1 (iii) by adding at the end the fol2 lowing: 

3 ‘‘(B) ACTIVITIES.—The technical assist4 ance under subparagraph (A) shall include the 

5 following activities: 

6 ‘‘(i) Assisting entities described in 

7 subsection (c) that receive assistance under 

8 such subsection in understanding and navi9 gating the Federal requirements for 

10 amounts awarded under this section. 

11 ‘‘(ii) Supporting such entities with the 

12 full range of services that can be sup13 ported, as permitted by Federal law, using 

14 amounts awarded under this section. 

15 ‘‘(iii) Supporting such entities in pro16 moting the economic and social develop17 ment of Indian, Alaska Native, and Native 

18 Hawaiian communities in accordance with 

19 the distinct goals of those communities, in20 cluding, as appropriate, by using program 

21 flexibilities that are— 

22 ‘‘(I) authorized under paragraph 

23 (3); and 

24 ‘‘(II) consistent with the prin25 ciples of the Indian Self-DeterminaVerDate Sep 11 2014 04:26 Aug 31, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4950.IS S4950

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1 tion and Education Assistance Act 

2 (25 U.S.C. 5301 et seq.); 

3 ‘‘(iv) Advising such entities on other 

4 funding opportunities authorized by this 

5 Act, including those that foster innovation 

6 in workforce development programs serving 

7 the needs of Indians, Alaska Natives, and 

8 Native Hawaiians.’’; and 

9 (C) in paragraph (6)— 

10 (i) by inserting ‘‘or provided by an11 other grantee that receives funds awarded 

12 under subtitle B from any State for adult, 

13 youth, or dislocated worker programs’’ 

14 after ‘‘this title’’; and 

15 (ii) by inserting ‘‘or another grantee’’ 

16 after ‘‘the States’’; and 

17 (8) in subsection (k), by striking paragraph (2) 

18 and inserting the following: 

19 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

20 There are authorized to be appropriated to carry out 

21 this subsection such sums as may be necessary.’’. 

Æ 


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