II

Calendar No. 526

106TH CONGRESS

2D SESSION S. 1509

[Report No. 106–277]

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

MAY 3, 2000

Reported by Mr. CAMPBELL, with amendments

[Omit the part struck through and insert the part printed in italic]

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,
2

•S 1509 RS

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Indian Employment,

3 Training and Related Services Demonstration Act Amend4 ments of 1999’’.

5 SEC. 2. FINDINGS, PURPOSES.

6 (a) FINDINGS.—The Congress finds that—

7 (1) Indian tribes and Alaska Native organiza8 tions that have participated in carrying out pro9 grams under the Indian Employment, Training, and

10 Related Services Demonstration Act of 1992 (25

11 U.S.C. 3401 et seq.) have—

12 (A) improved the effectiveness of employ13 ment-related services provided by those tribes

14 and organizations to their members;

15 (B) enabled more Indian and Alaska Na16 tive people to prepare for and secure employ17 ment;

18 (C) assisted in transitioning tribal mem19 bers from welfare to work; and

20 (D) otherwise demonstrated the value of

21 integrating employment, training, education

22 and related services.

23 (E) the initiatives under the Indian Em24 ployment, Training, and Related Services Dem25 onstration Act of 1992 should be strengthened

26 by ensuring that all Federal programs that em-
3

•S 1509 RS

1 phasize the value of work may be included with2 in a demonstration program of an Indian or

3 Alaska Native organization;

4 (F) the initiatives under the Indian Em5 ployment, Training, and Related Services Dem6 onstration Act of 1992 should have the benefit

7 of the support and attention of the officials

8 with policymaking authority of—

9 (i) the Department of the Interior;

10 (ii) other Federal agencies that ad11 minister programs covered by the Indian

12 Employment, Training, and Related Serv13 ices Demonstration Act of 1992.

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

15 demonstrate how Indian tribal governments can integrate

16 the employment, training and related services they provide

17 in order to improve the effectiveness of those services, re18 duce joblessness in Indian communities, foster economic

19 development on Indian lands, and serve tribally-deter20 mined goals consistent with the policies of self-determina21 tion and self-governance.
4

•S 1509 RS

1 SEC. 3. AMENDMENTS TO THE INDIAN EMPLOYMENT,

2 TRAINING AND RELATED SERVICES DEM3 ONSTRATION ACT OF 1992.

4 (a) DEFINITIONS.—Section 3 of the Indian Employ5 ment, Training, and Related Services Demonstration Act

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

7 (1) by redesignating paragraphs (1) through

8 (3) as paragraphs (2) through (4), respectively; and

9 (2) by inserting before paragraph (2) the fol10 lowing:

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

12 agency’ has the same meaning given the term ‘agen13 cy’ in section 551(1) of title 5, United States

14 Code.’’.

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

16 Employment, Training, and Related Services Demonstra17 tion Act of 1992 (25 U.S.C. 3404) is amended by striking

18 ‘‘job training, tribal work experience, employment oppor19 tunities, or skill development, or any program designed for

20 the enhancement of job opportunities or employment

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

22 youth and adults to succeed in the workforce, encouraging

23 self-sufficiency, familiarizing Indian Youth and adults

24 with the world of work, facilitating the creation of job op25 portunities and any services related to these activities’’.
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1 (c) PLAN REVIEW.—Section 7 of the Indian Employ2 ment, Training, and Related Services Demonstration Act

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

4 (1) by striking ‘‘Federal department’’ and in5 serting ‘‘Federal agency’’;

6 (2) by striking ‘‘Federal departmental’’ and in7 serting ‘‘Federal agency’’;

8 (3) by striking ‘‘department’’ each place it ap9 pears and inserting ‘‘agency’’; and

10 (4) in the third sentence, by inserting ‘‘statu11 tory requirement,’’, after ‘‘to waive any’’.

12 (d) PLAN APPROVAL.—Section 8 of the Indian Em13 ployment, Training, and Related Services Demonstration

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

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

16 period at the end the following; ‘‘, including any re17 quest for a waiver that is made as part of the plan

18 submitted by the tribal government’’;

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

20 the period at the end the following: ‘‘, including re21 considering the disapproval of any waiver requested

22 by the Indian tribe’’.

23 (e) JOB CREATION ACTIVITIES AUTHORIZED.—Sec24 tion 9 of the Indian Employment, Training, and Related
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1 Services Demonstration Act of 1992 (25 U.S.C. 3407) is

2 amended—

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

4 ‘‘The plan submitted’’; and

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

6 ‘‘(b) JOB CREATION OPPORTUNITIES.—

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

8 provisions of law, including any requirement of a

9 program that is integrated under a plan under this

10 Act, a tribal government may use a percentage of

11 the funds made available under this Act (as deter12 mined under paragraph (2)) for the creation of em13 ployment opportunities, including providing private

14 sector training placement under section 10.

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

16 percentage of funds that a tribal government may

17 use under this subsection is the greater of—

18 ‘‘(A) the rate of unemployment in the serv19 ice area of the tribe up to a maximum of 25

20 percent; or

21 ‘‘(B) 10 percent.

22 ‘‘(c) LIMITATION.—The funds used for an expendi23 ture described in subsection (a) may only include funds

24 made available to the Indian tribe by a Federal agency

25 under a statutory or administrative formula.’’.
7

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1 SEC. 4. ALASKA REGIONAL CONSORTIA.

2 The Indian Employment, Training, and Related Serv3 ices Demonstration Act of 1992 is amended by adding at

4 the end the following:

5 ‘‘SEC. 19. ALASKA REGIONAL CONSORTIA.

6 ‘‘(a) IN GENERAL.—Notwithstanding any other pro7 vision of law, subject to subsection (b), the Secretary shall

8 permit a regional consortium of Alaska Native villages or

9 regional or village corporations (as defined in or estab10 lished under the Alaska Native Claims Settlement Act (43

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

12 that meets the requirements of this Act through a resolu13 tion adopted by the governing body of that consortium or

14 corporation.

15 ‘‘(b) WITHDRAWAL.—Nothing in subsection (a) is in16 tended to prohibit an Alaska Native village from with17 drawing from participation in any portion of a program

18 conducted pursuant to this Act.’’.

19 SEC. 5 4. REPORT ON EXPANDING THE OPPORTUNITIES

20 FOR PROGRAM INTEGRATION.

21 Not later than one year after the date of enactment

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

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

24 and organizations participating in the integration initia25 tive under this Act shall submit a report to the Committee

26 on Indian Affairs of the Senate and the Committee on Re-
8

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1 sources of the House of Representatives on the opportuni2 ties for expanding the integration of human resource de3 velopment and economic development programs under this

4 Act, and the feasibility of establishing Joint Funding

5 Agreements to authorize tribes to access and coordinated

6 funds and resources from various agencies for purposes

7 of human resources development, physical infrastructure

8 development, and economic development assistance in gen9 eral. Such report shall identify programs or activities

10 which might be integrated and make recommendations for

11 the removal of any statutory or other barriers to such inte12 gration.

13 SEC. 6 5. EFFECTIVE DATE.

14 This Act and the amendments made by this Act shall

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

Calendar No. 526

106TH CONGRESS

2D SESSION S. 1509

[Report No. 106–277]

A BILL

To amend the Indian Employment, Training, and

Related Services Demonstration Act of 1992, toemphasize the need for job creation on Indianreservations, and for other purposes.

MAY 3, 2000

Reported with amendments