IA

106TH CONGRESS

2D SESSION S. 1509

IN THE HOUSE OF REPRESENTATIVES

MAY 19, 2000

Referred to the Committee on Resources

AN ACT

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 2000’’.
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1 SEC. 2. FINDINGS, PURPOSES.

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

3 (1) Indian tribes and Alaska Native organiza4 tions that have participated in carrying out pro5 grams under the Indian Employment, Training, and

6 Related Services Demonstration Act of 1992 (25

7 U.S.C. 3401 et seq.) have—

8 (A) improved the effectiveness of employ9 ment-related services provided by those tribes

10 and organizations to their members;

11 (B) enabled more Indian and Alaska Na12 tive people to prepare for and secure employ13 ment;

14 (C) assisted in transitioning tribal mem15 bers from welfare to work; and

16 (D) otherwise demonstrated the value of

17 integrating employment, training, education

18 and related services.

19 (E) the initiatives under the Indian Em20 ployment, Training, and Related Services Dem21 onstration Act of 1992 should be strengthened

22 by ensuring that all Federal programs that em23 phasize the value of work may be included with24 in a demonstration program of an Indian or

25 Alaska Native organization;
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1 (F) the initiatives under the Indian Em2 ployment, Training, and Related Services Dem3 onstration Act of 1992 should have the benefit

4 of the support and attention of the officials

5 with policymaking authority of—

6 (i) the Department of the Interior;

7 (ii) other Federal agencies that ad8 minister programs covered by the Indian

9 Employment, Training, and Related Serv10 ices Demonstration Act of 1992.

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

12 demonstrate how Indian tribal governments can integrate

13 the employment, training and related services they provide

14 in order to improve the effectiveness of those services, re15 duce joblessness in Indian communities, foster economic

16 development on Indian lands, and serve tribally-deter17 mined goals consistent with the policies of self-determina18 tion and self-governance.

19 SEC. 3. AMENDMENTS TO THE INDIAN EMPLOYMENT,

20 TRAINING AND RELATED SERVICES DEM21 ONSTRATION ACT OF 1992.

22 (a) DEFINITIONS.—Section 3 of the Indian Employ23 ment, Training, and Related Services Demonstration Act

24 of 1992 (25 U.S.C. 3402) is amended—
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1 (1) by redesignating paragraphs (1) through

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

3 (2) by inserting before paragraph (2) the fol4 lowing:

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

6 agency’ has the same meaning given the term ‘agen7 cy’ in section 551(1) of title 5, United States

8 Code.’’.

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

10 Employment, Training, and Related Services Demonstra11 tion Act of 1992 (25 U.S.C. 3404) is amended by striking

12 ‘‘job training, tribal work experience, employment oppor13 tunities, or skill development, or any program designed for

14 the enhancement of job opportunities or employment

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

16 youth and adults to succeed in the workforce, encouraging

17 self-sufficiency, familiarizing Indian Youth and adults

18 with the world of work, facilitating the creation of job op19 portunities and any services related to these activities’’.

20 (c) PLAN REVIEW.—Section 7 of the Indian Employ21 ment, Training, and Related Services Demonstration Act

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

23 (1) by striking ‘‘Federal department’’ and in24 serting ‘‘Federal agency’’;
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1 (2) by striking ‘‘Federal departmental’’ and in2 serting ‘‘Federal agency’’;

3 (3) by striking ‘‘department’’ each place it ap4 pears and inserting ‘‘agency’’; and

5 (4) in the third sentence, by inserting ‘‘statu6 tory requirement,’’, after ‘‘to waive any’’.

7 (d) PLAN APPROVAL.—Section 8 of the Indian Em8 ployment, Training, and Related Services Demonstration

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

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

11 period at the end the following; ‘‘, including any re12 quest for a waiver that is made as part of the plan

13 submitted by the tribal government’’;

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

15 the period at the end the following: ‘‘, including re16 considering the disapproval of any waiver requested

17 by the Indian tribe’’.

18 (e) JOB CREATION ACTIVITIES AUTHORIZED.—Sec19 tion 9 of the Indian Employment, Training, and Related

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

21 amended—

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

23 ‘‘The plan submitted’’; and

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

25 ‘‘(b) JOB CREATION OPPORTUNITIES.—
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1 ‘‘(1) IN GENERAL.—Notwithstanding any other

2 provisions of law, including any requirement of a

3 program that is integrated under a plan under this

4 Act, a tribal government may use a percentage of

5 the funds made available under this Act (as deter6 mined under paragraph (2)) for the creation of em7 ployment opportunities, including providing private

8 sector training placement under section 10.

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

10 percentage of funds that a tribal government may

11 use under this subsection is the greater of—

12 ‘‘(A) the rate of unemployment in the serv13 ice area of the tribe up to a maximum of 25

14 percent; or

15 ‘‘(B) 10 percent.

16 ‘‘(c) LIMITATION.—The funds used for an expendi17 ture described in subsection (a) may only include funds

18 made available to the Indian tribe by a Federal agency

19 under a statutory or administrative formula.’’.

20 SEC. 4. REPORT ON EXPANDING THE OPPORTUNITIES FOR

21 PROGRAM INTEGRATION.

22 Not later than one year after the date of enactment

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

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

25 and organizations participating in the integration initia-
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1 tive under this Act shall submit a report to the Committee

2 on Indian Affairs of the Senate and the Committee on Re3 sources of the House of Representatives on the opportuni4 ties for expanding the integration of human resource de5 velopment and economic development programs under this

6 Act, and the feasibility of establishing Joint Funding

7 Agreements to authorize tribes to access and coordinated

8 funds and resources from various agencies for purposes

9 of human resources development, physical infrastructure

10 development, and economic development assistance in gen11 eral. Such report shall identify programs or activities

12 which might be integrated and make recommendations for

13 the removal of any statutory or other barriers to such inte14 gration.

15 SEC. 5. EFFECTIVE DATE.

16 This Act and the amendments made by this Act shall

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

Passed the Senate May 18, 2000.

Attest: GARY SISCO,

Secretary.