Indian Employment, Training and Related Services Demonstration Act of 1992
PL 102-477 (S.1530), enacted 10/23/1992

106 STAT. 2302 
PUBLIC LAW 102-477—OCT. 23, 1992 
Public Law 102-477 
102d Congress 
Oct. 23, 1992 
[S. 1530] 
Indian 
Emplojrment, 
Training and 
Related Services 
Demonstration 
Act of 1992. 
25 u s e 3401 
note. 
25 use 3401. 
25 use 3402. 
25 use 3403. 
25 use 3404. 
An Act 
To authorize the integration of employment, training, and related services provided 
by Indian tribal governments. 
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 "Indian Employment, Training 
and Related Services Demonstration Act of 1992". 
SEC. 2. STATEMENT OF PURPOSE. 
The purposes of this Act are to demonstrate how Indian tribal 
governments can integrate the employment, training and related 
services they provide in order to improve the effectiveness of those 
services, reduce joblessness in Indian communities and serve trib-
ally-determined goals consistent with the policy of self-determina-
tion. 
SEC. 3. DEFINITIONS. 
For the purposes of this Act, the following definitions apply: 
(1) INDIAN TRIBE.—The terms "Indian tribe" and "tribe" 
shall have the meaning given the term "Indian tribe" in section 
4(e) of the Indian Self-Determination and Education Assistance 
Act. 
(2) INDIAN.—^The term "Indian" shall have the meaning 
given such term in section 4(d) of the Indian Self-Determination 
and Education Assistance Act. 
(3) SECRETARY.—Except where otherwise provided, the 
term "Secretary" means the Secretary of the Interior. 
SEC. 4. INTEGRATION OF SERVICES AUTHORIZED. 
The Secretary of the Interior, in cooperation with the appro-
priate Secretary of Labor, Secretary of Health and Human Services, 
or Secretary of Education, shall, upon the receipt of a plan accept-
able to the Secretary of the Interior submitted by an Indian tribal 
government, authorize the tribal government to coordinate, in 
accordance with such plan, its federally funded emplojmaent, train-
ing, and related services programs in a manner that integrates 
the program services involved into a single, coordinated, com-
prehensive program and reduces administrative costs by consolidat-
ing administrative fimctions. 
SEC. 5. PROGRAMS AFFECTED. 
The programs that may be integrated in a demonstration 
project under any such plan referred to in section 4 shall include 
any program under which an Indian tribe is eligible for receipt 
of funds under a statutory or administrative formula for the pur-
poses of 
job training, tribal work experience, employment opportuni-
ties, or skill development, or any program designed for the enhance-
ment of 
job opportunities or employment training. 
PUBLIC LAW 102-477—OCT. 23,1992 
106 STAT. 2303 
SEC. 6. PLAN REQUIREMENTS. 
25 USC 3405. 
For a plan to be acceptable pursuant to section 4, it shall— 
(1) identify the programs to be integrated; 
(2) be consistent with the purposes of tins Act authorizing 
the services to be integrated in a demonstration project; 
(3) describe a comprehensive strategy which identifies the 
full range of potential emplojnnent opportunities on and near 
the tribal government's service area, and the education, training 
and related services to be provided to assist Indian workers 
to access those employment opportmiities; 
(4) describe tne way in which services are to be integrated 
and deUvered and the results expected from the plan; 
(5) identify the projected expenditures under the plan in 
a single budget; 
(6) identify the agency or agencies of the tribal government 
to be involved in the dehvery of the services integrated under 
the plan; 
(7) identify any stetutory provisions, regulations, poUcies, 
or procedures that the tribal government beheves need to be 
waived in order to implement its plan; and 
(8) be approved by the governing body of the affected tribe. 
SEC. 7. PLAN REVIEW. 
25 USC 3406. 
Upon receipt of the plan from a tribal government, the Sec-
retary of the Interior shall consult with the Secretary of each 
Federal department providing funds to be used to implement the 
plan, and with the tribal government submitting the plan. The 
parties so consulting shall identify any waivers of statutory require-
ments or of Federal departmental regulations, policies, or proce-
dures necessary to enable the tribal government to implement its 
plan. Notwithstanding any other provision of law, the Secretary 
of the affected department shall have the authority to waive any 
regulation, policy, or procedure promulgated by that department 
that has been so identified Inr such tribal government or depart-
ment, unless the Secretary of the affected department determines 
that such a waiver is inconsistent with the purposes of this Act 
or those provisions of the statute from which the program involved 
derives ite authority which are specifically applicable to Indian 
programs. 
SEC. 8. PLAN APPROVAL. 
25 USC 3407. 
Within 90 days after the receipt of a tribal government's plan 
by the Secretary, the Secretary shall inform the tribal government, 
in writing, of the Secretary's approval or disapproval of the plan. 
If the plan is disapproved, the tribal government shall be informed, 
in writing, of the reasons for the disapproval and shall be given 
an opportunity to amend its plan or to petition the Secretary 
to reconsider such disapproval. 
SEC. 9. JOB CREATION ACTIVITIES AUTHORIZED. 
25 USC 3408. 
The plan submitted by a tribal government may involve the 
expenditure of funds for the creation of employment opportunities 
and for the development of the economic resources of the tribal 
government or of individual Indian people if such expenditures 
are consistent with an overall regional economic activity which 
has a reasonable likelihood of success and consistent with the 
purposes specifically appUcable to Indian programs in the statute 
under which the funds are authorized. 
106 STAT. 2304 
PUBLIC LAW 102-477—OCT. 23, 1992 
25 use 3409. 
SEC. 10. PRIVATE SECTOR TRAINING PLACEMENTS. 
A tribal government participating in a demonstration program 
under this Act is authorized to utilize funds available under such 
plan to place participants in training positions with private employ-
ers and pay such participants a training cdlowance or wage for 
a period not to exceed 12 months, if the tribal government obtains 
a written agreement from the private employer to provide on-
the-job training to such participants and, upon satisfactory comple-
tion of the training period, to guarantee permanent employment 
to such participants for a minimum of 12 months. 
25 use 3410. 
SEC. 11. FEDERAL RESPONSIBILITIES. 
(a) RESPONSIBILITIES OF THE DEPARTMENT OF THE INTERIOR.— 
Contracts. 
Within 180 days following the date of enactment of this Act, the 
Secretary of the Interior, the Secretary of Labor, the Secretary 
of Health and Human Services and the Secretary of Education 
shall enter into an interdepartmental memorandum of agreement 
providing for the implementation of the demonstration projects 
authorized under this Act. The lead agency for a demonstration 
program under this Act shall be the Bureau of Indian Affairs, 
Department of the Interior. The responsibilities of the lead agency 
shall include— 
(1) the use of a single report format related to the plan 
for the individual project which shall be used by a tribal govern-
ment to report on the activities undertaken under the project; 
(2) the use of a single report format related to the projected 
expenditures for the individual project which shall be used 
by a tribal government to report on all project expenditures; 
(3) the development of a single system of Federal oversight 
for the project, which shall be implemented by the lead agency; 
and 
(4) the provision of technical assistance to a tribal govern-
ment appropriate to the project, except that a tribal government 
shall have the authority to accept or reject the plan for provid-
ing such technical assistance and the technical assistance pro-
vider. 
(b) REPORT REQUIREMENTS.—^The single report format shall 
be developed by the Secretary, consistent with the requirements 
of this Act. Such report format, together with records maintained 
on the consolidated program at the tribal level shall contain such 
information as will allow a determination that the tribe has com-
plied with the requirements incorporated in its approved plan and 
will provide assurances to each Secretary that the tribe has com-
plied with all directly applicable statutory requirements and with 
those directly applicable regulatory requirements which have not 
been waived. 
25 use 3411. 
SEC. 12. NO REDUCTION IN AMOUNTS. 
In no case shall the amount of Federal funds available to 
a tribal government involved in any demonstration project be 
reduced as a result of the enactment of this Act. 
25 use 3412. 
SEC. 13. INTERAGENCY FUND TRANSFERS AUTHORIZED. 
The Secretary of the Interior, Secretary of Labor, Secretary 
of Health and Human Services, or the Secretary of Education, 
as appropriate, is authorized to take such action as may be nec-
essary to provide for an interagency trsmsfer of funds otherwise 
PUBLIC LAW 102-477—OCT. 23,1992 
106 STAT. 2305 
available to a tribal government in order to further the purposes 
of this Act. 
SEC. 14. ADMINISTRATION OF FUNDS AND OVERAGE. 
25 USC 3413. 
(a) ADMINISTRATION OF FUNDS.— 
(1) IN GENERAL.—Program funds shall be administered in 
such a manner as to allow for a determination that funds 
from specific programs (or an amount equal to the amount 
attracted from each program) are spent on allowable activities 
authorized under such program. 
(2) SEPARATE RECORDS NOT REQUIRED.—Nothing in this 
section shall be construed as requiring the tribe to maintain 
separate records tracing any services or activities conducted 
under its approved plan to the individual programs under which 
funds were authorized, nor shall the tribe oe required to allocate 
expenditures among such individual programs. 
(b) OVERAGE,—^All administrative costs may be commingled 
and participating Indian tribes shall be entitled to the full amoimt 
of such costs (under each program or department's regulations), 
and no overage shall be counted for Federal audit purposes, pro-
vided that the overage is used for the purposes provided for under 
this Act. 
SEC. 15. FISCAL ACCOUNTABILITY. 
25 USC 3414. 
Nothing in this Act shall be construed so as to interfere with 
the ability of the Secretary or the lead agency to fulfill the respon-
sibiUties for the safeguarding of Federal funds pursuant to the 
Single Audit Act of 1984. 
SEC. 16. REPORT ON STATUTORY OBSTACLES TO PROGRAM INTEGRA- 
25 USC 3415. 
TION. 
(a) PRELIMINARY REPORT.—Not later than two years after the 
date of the enactment of this Act, the Secretary shall submit a 
prehminary report to the Select Committee on Indian Affairs of 
the Senate and the Committee on Interior and Insular Affairs 
of the House of Representatives on the status of the implementation 
of the demonstration program authorized under this Act. 
(b) FINAL REPORT.—^Not later than five years after the date 
of the enactment of this Act, the Secretary shall submit a report 
to the Select Committee on Indian Affairs of the Senate and the 
Committee on Interior and Insular Affairs and the Committee on 
Education and Labor of the House of Representatives on the results 
of the implementation of the demonstration program authorized 
under this Act. Such report shall identify statuto^ barriers to 
the ability of tribal governments to integrate more effectively their 
employment, training, and related services in a manner consistent 
witn the purposes of this Act. 
SEC. 17. LABOR MARKET INFORMATION ON THE INDIAN WORK FORCE. 25 USC 3416. 
(a) REPORT.—The Secretary, in consultation with the Secretary 
of Labor, shall, in a consistent and reliable manner, develop, main-
tain and publish, not less than biennially, a report on the popu-
lation, by gender, eUgible for the services which the Secretary 
provides to Indian people. The report shall include, but is not 
Umited to, information at the national level by State, Bureau of 
Indian Affairs Service area, and tribal level for the— 
(1) total service population; 
(2) the service population under age 16 and over 64; 
106 STAT. 2306 
PUBLIC LAW 102-477—CKDT. 23,1992 
(3) the population available for work, including those not 
considered to be actively seeking work; 
(4) the employed population, including those employed with 
annual earnings below the poverty line; and 
(5) the numbers employed in private sector positions and 
in public sector positions. 
Reports. 
(b) INDIAN DEMOGRAPHIC INFORMATION.—The Secretary, in con-
sultation with the Bureau of the Census of the Department of 
Commerce, and the National Center for Native American Studies 
and Pohcy Development authorized by Public Law 101-301, shall 
prepare a report on the need for comprehensive, accurate and 
periodically updated information on the size and characteristics 
of the Indian and Alaska Native population throughout the entire 
United States. This report shall include the need for information, 
together with the cost of acquiring such information, on the 
characteristics and need for education, health, housing, job training, 
and other basic needs of such population, and shall take into 
consideration the need for this information by Indian tribes and 
organizations serving Indians in nonreservation areas. The report 
shall be submitted to the Select Committee on Indian Affairs of 
the Senate and the Committee on Interior and Insular Affairs 
and the Committee on Education and Labor of the House of Rep-
resentatives not later than 12 months after the date of enactment 
of this Act. 
25 use 3417. 
SEC. 18. ASSIGNMENT OF FEDERAL PERSONNEL TO STATE INDIAN 
ECONOMIC DEVELOPMENT PROGRAMS. 
Any State with an economic development program targeted 
to Indian tribes shall be eUgible to receive, at no cost to the 
State, such Federal personnel assignments as the Secretary, in 
accordance with the applicable provisions of the Intergovernmental 
Personnel Act of 1970, may deem appropriate to help ensure the 
success of such program. 
Approved October 23,1992. 
LEGISLATIVE HISTORY—S. 1530: 
HOUSE REPORTS: No. 102-905 (Comm. on Interior and Insular Affairs). 
SENATE REPORTS: No. 102-188 (Select Comm. on Indian Affairs). 
CONGRESSIONAL RECORD: 
Vol. 137 (1991): Oct. 30, considered and passed Senate. 
Vol. 138 (1992): Sept. 29, considered and passed House, amended. 
Oct. 7, Senate concurred in House amendment.