II

106TH CONGRESS

1ST SESSION S. 1509

To amend the Indian Employment, Training, and Related Services Demonstration Act of 1992, to emphasize the need for job creation on

Indian reservations, and for other purposes.

IN THE SENATE OF THE UNITED STATES

AUGUST 5, 1999

Mr. CAMPBELL introduced the following bill; which was read twice and

referred to the Committee on Indian Affairs

A BILL

To amend the Indian Employment, Training, and Related

Services Demonstration Act of 1992, to emphasize the

need for job creation on Indian reservations, and for

other purposes.

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 ‘‘Indian Employment,

5 Training and Related Services Demonstration Act Amend6 ments of 1999’’.

7 SEC. 2. FINDINGS, PURPOSES.

8 (a) FINDINGS.—The Congress finds that—
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1 (1) Indian tribes and Alaska Native organiza2 tions that have participated in carrying out pro3 grams under the Indian Employment, Training, and

4 Related Services Demonstration Act of 1992 (25

5 U.S.C. 3401 et seq.) have—

6 (A) improved the effectiveness of employ7 ment-related services provided by those tribes

8 and organizations to their members;

9 (B) enabled more Indian and Alaska Na10 tive people to prepare for and secure employ11 ment;

12 (C) assisted in transitioning tribal mem13 bers from welfare to work; and

14 (D) otherwise demonstrated the value of

15 integrating employment, training, education

16 and related services.

17 (E) the initiatives under the Indian Em18 ployment, Training, and Related Services Dem19 onstration Act of 1992 should be strengthened

20 by ensuring that all Federal programs that em21 phasize the value of work may be included with22 in a demonstration program of an Indian or

23 Alaska Native organization;

24 (F) the initiatives under the Indian Em25 ployment, Training, and Related Services Dem-
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1 onstration Act of 1992 should have the benefit

2 of the support and attention of the officials

3 with policymaking authority of—

4 (i) the Department of the Interior;

5 (ii) other Federal agencies that ad6 minister programs covered by the Indian

7 Employment, Training, and Related Serv8 ices Demonstration Act of 1992.

9 (b) PURPOSES.—The purposes of this Act are to

10 demonstrate how Indian tribal governments can integrate

11 the employment, training and related services they provide

12 in order to improve the effectiveness of those services, re13 duce joblessness in Indian communities, foster economic

14 development on Indian lands, and serve tribally-deter15 mined goals consistent with the policies of self-determina16 tion and self-governance.

17 SEC. 3. AMENDMENTS TO THE INDIAN EMPLOYMENT,

18 TRAINING AND RELATED SERVICES DEM19 ONSTRATION ACT OF 1992.

20 (a) DEFINITIONS.—Section 3 of the Indian Employ21 ment, Training, and Related Services Demonstration Act

22 of 1992 (25 U.S.C. 3402) is amended—

23 (1) by redesignating paragraphs (1) through

24 (3) as paragraphs (2) through (4), respectively; and
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1 (2) by inserting before paragraph (2) the fol2 lowing:

3 ‘‘(1) FEDERAL AGENCY.—The term ‘federal

4 agency’ has the same meaning given the term ‘agen5 cy’ in section 551(1) of title 5, United States

6 Code.’’.

7 (b) PROGRAMS AFFECTED.—Section 5 of the Indian

8 Employment, Training, and Related Services Demonstra9 tion Act of 1992 (25 U.S.C. 3404) is amended by striking

10 ‘‘job training, tribal work experience, employment oppor11 tunities, or skill development, or any program designed for

12 the enhancement of job opportunities or employment

13 training’’ and inserting the following: ‘‘assisting Indian

14 youth and adults to succeed in the workforce, encouraging

15 self-sufficiency, familiarizing Indian Youth and adults

16 with the world of work, facilitating the creation of job op17 portunities and any services related to these activities’’.

18 (c) PLAN REVIEW.—Section 7 of the Indian Employ19 ment, Training, and Related Services Demonstration Act

20 of 1992 (25 U.S.C. 3406) is amended—

21 (1) by striking ‘‘Federal department’’ and in22 serting ‘‘Federal agency’’;

23 (2) by striking ‘‘Federal departmental’’ and in24 serting ‘‘Federal agency’’;
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1 (3) by striking ‘‘department’’ each place it ap2 pears and inserting ‘‘agency’’; and

3 (4) in the third sentence, by inserting ‘‘statu4 tory requirement’’, after ‘‘to waive any’’.

5 (d) PLAN APPROVAL.—Section 8 of the Indian Em6 ployment, Training, and Related Services Demonstration

7 Act of 1992 (25 U.S.C. 3407) is amended—

8 (1) in the first sentence, by inserting before the

9 period at the end the following; ‘‘, including any re10 quest for a waiver that is made as part of the plan

11 submitted by the tribal government’’;

12 (2) in the second sentence, by inserting before

13 the period at the end the following: ‘‘, including re14 considering the disapproval of any waiver requested

15 by the Indian tribe’’.

16 (e) JOB CREATION ACTIVITIES AUTHORIZED.—Sec17 tion 9 of the Indian Employment, Training, and Related

18 Services Demonstration Act of 1992 (25 U.S.C. 3407) is

19 amended—

20 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

21 ‘‘The plan submitted’’; and

22 (2) by adding at the end the following:

23 ‘‘(b) JOB CREATION OPPORTUNITIES.—

24 ‘‘(1) IN GENERAL.—Notwithstanding any other

25 provisions of law, including any requirement of a
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1 program that is integrated under a plan under this

2 Act, a tribal government may use a percentage of

3 the funds made available under this Act (as deter4 mined under paragraph (2)) for the creation of em5 ployment opportunities, including providing private

6 sector training placement under section 10.

7 ‘‘(2) DETERMINATION OF PERCENTAGE.—The

8 percentage of funds that a tribal government may

9 use under this subsection is the greater of—

10 ‘‘(A) the rate of unemployment in the serv11 ice area of the tribe up to a maximum of 25

12 percent; or

13 ‘‘(B) 10 percent.

14 ‘‘(c) LIMITATION.—The funds used for an expendi15 ture described in subsection (a) may only include funds

16 made available to the Indian tribe by a Federal agency

17 under a statutory or administrative formula.’’.

18 SEC. 4. ALASKA REGIONAL CONSORTIA.

19 The Indian Employment, Training, and Related Serv20 ices Demonstration Act of 1992 is amended by adding at

21 the end the following:

22 ‘‘SEC. 19. ALASKA REGIONAL CONSORTIA.

23 ‘‘(a) IN GENERAL.—Notwithstanding any other pro24 vision of law, subject to subsection (b), the Secretary shall

25 permit a regional consortium of Alaska Native villages or
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1 regional or village corporations (as defined in or estab2 lished under the Alaska Native Claims Settlement Act (43

3 U.S.C. 1601 et seq.) to carry out a project under a plan

4 that meets the requirements of this Act through a resolu5 tion adopted by the governing body of that consortium or

6 corporation.

7 ‘‘(b) WITHDRAWAL.—Nothing in subsection (a) is in8 tended to prohibit an Alaska Native village from with9 drawing from participation in any portion of a program

10 conducted pursuant to this Act.’’.

11 SEC. 5. REPORT ON EXPANDING THE OPPORTUNITIES FOR

12 PROGRAM INTEGRATION.

13 Not later than one year after the date of enactment

14 of this Act, the Secretary, the Secretary of Health and

15 Human Services, the Secretary of Labor, and the tribes

16 and organizations participating in the integration initia17 tive under this Act shall submit a report to the Committee

18 on Indian Affairs of the Senate and the Committee on Re19 sources of the House of Representatives on the opportuni20 ties for expanding the integration of human resource de21 velopment and economic development programs under this

22 Act, and the feasibility of establishing Joint Funding

23 Agreements to authorize tribes to access and coordinated

24 funds and resources from various agencies for purposes

25 of human resources development, physical infrastructure
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1 development, and economic development assistance in gen2 eral. Such report shall identify programs or activities

3 which might be integrated and make recommendations for

4 the removal of any statutory or other barriers to such inte5 gration.

6 SEC. 6. EFFECTIVE DATE.

7 This Act and the amendments made by this Act shall

8 take effect on the date of enactment of this Act.

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