[Congressional Record Volume 143, Number 140 (Thursday, October 9, 1997)]
[Senate]
[Pages S10788-S10789]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL (for himself and Mr. Murkowski):
  S. 1279. A bill to amend the Indian Employment, Training and Related 
Services Demonstration Act of 1992 to provide for the transfer of 
services and personnel from the Bureau of Indian Affairs to the Office 
of Self-Governance, to emphasize the need for job creation on Indian 
reservations, and for other purposes; to the Committee on Indian 
Affairs.


 THE INDIAN EMPLOYMENT TRAINING AND RELATED SERVICES DEMONSTRATION ACT 
                           AMENDMENTS OF 1997

  Mr. CAMPBELL. Mr. President, today I am pleased to introduce 
legislation which amends the Indian Employment, Training, and Related 
Services Demonstration Act of 1992 (P.L. 102-477). The current Act has 
proven successful and represents one of the few programs that works for 
Indian country. I want to thank Senator Murkowski for his work on his 
own ``477'' bill that takes aim at the specific problems experienced by 
Alaska natives in administering the 477 program. I am pleased to co-
sponsor his and that he is co-sponsoring my legislation.
  It is my hope that together we can develop amendments that will 
clarify and strengthen the program for American Indians and Alaska 
natives and lead to better training programs and higher job placements. 
The main reason for the success of the 477 program is that it relies on 
the tribes themselves to make the key decisions involving the design 
and implementation of employment training and related matters. This 
program puts tribes, not federal bureaucrats, in the driver's seat.
  The Act empowers tribal governments to consolidate formula funds they 
receive for employment training and education services into one 
program--which in turn enables tribes to streamline services provided, 
while cutting administrative time and costs. The Act does contain 
certain limitations and in practice tribes have faced a few roadblocks.
  This bill removes these limitations, expands programs affected by the 
Act, and broadens permissible job creation activities. The unemployment 
problem in Indian country is well-documented. Tribes currently suffer 
from a national unemployment rate of approximately 52%, with some like 
the Oglala Sioux Tribe suffer from a rate of 95%. In comparison, the 
national unemployment rate is 6%. The lack of employment opportunities 
in Indian country has exacerbated an already-poor health situation, and 
has lead to grinding social problems such as crime, domestic abuse, and 
alcohol and drug abuse. While gaming has aided a few tribal economies 
over the past decade, the great majority of tribes continue to struggle 
with joblessness and poverty. Gaming is not the long term solution to 
the goal of tribal self-determination and economic self-sufficiency. 
Diverse job creation is.
  The Indian Employment, Training, and Related Services Demonstration 
Act provides tribes with a valuable tool in combating reservation 
unemployment. Indian tribes, like many American communities, are 
struggling to comply with the work requirements of the new welfare 
reform law. By focusing on job creation as a necessary component to any 
employment training program, tribes can add a new weapon in their 
battle against joblessness and poverty.
  One of the more consistent obstacles to greater success with the Act 
is the Bureau of Indian Affairs management of the program. To remedy 
this problem, the bill transfers lead agency responsibilities from the 
Bureau of Indian Affairs (BIA) to the Office of Self-Governance (OSG), 
both agencies contained within the Department of the Interior. On May 
13, 1997, the Committee on Indian Affairs conducted an oversight 
hearing to discuss the progress made by tribes under the Act. Tribe 
after tribe testified and revealed that this program is working, and 
working well. Tribes participating in the program testified that the 
program has reduced the federal paperwork burden associated with 
applying for related programs by as much as 96%, reduced administration 
time and costs of delivering job training services to tribal customers 
while enhancing the quality of services rendered.
  Most importantly, witnesses indicated great increases in job 
placements for tribal members. One of the reasons for the success of 
this program is that it is voluntary. It is not another imposition, by 
the federal government, of what we think will work for them. I would 
like to highlight the fact that this Demonstration Act has cost the 
federal government nothing--- the attraction of the program is in 
streamlining paperwork and other administrative burdens and operating 
primarily at the local level. The philosophy of the program is similar 
to that of the Self-Governance model under which tribes, under contract 
with the United States, manage services and programs formerly provided 
by the federal government.
  The witnesses at the May hearing discussed problems that they have 
had with the lead agency, the BIA. Of the four tribal participants 
testifying, all expressed dissatisfaction with the BIA. One testified 
that ``the Bureau of Indian Affairs has been the biggest obstacle to 
the implementation of P.L. 102-477.'' 20 tribal applicants representing 
more than 175 tribes currently participate in this demonstration, yet 
the BIA states that it has only two full-time employees committed to 
working on this program, and that number is in dispute. Additionally, 
all tribal witnesses reported significant delays in receiving programs 
funds consolidated under their approved plans.
  Reasons for the delays ranged from deliberate withholding to poor 
accounting procedures on the part of the BIA. The May hearing, as well 
as subsequent meetings held with the Tribal Working Group for the 
Demonstration Act, have made clear that there is a consensus among 
participating tribes that the OSG should undertake this program. The 
bill proposes to transfer authority to the OSG because that office has 
a proven track record in working with tribes to consolidate programs 
and services and to achieve more effective delivery to tribal members.
  If this Congress is serious about encouraging self-determination and 
self-sufficiency, we must provide tribes with the tools they need to 
further these goals. Reservation economic development and job creation 
go hand-in-hand and we cannot ignore this basic fact.
  The current Act has gone far in permitting tribes to do more with 
less, as the quality of training and education services has risen with 
increased job placements. These amendments take the next logical step, 
which is to encourage job creation and make the promise of the program 
a reality for those that want to work and want to be productive and 
want to improve their lives and the lives of their families.
  With that, Mr. President, I ask unanimous consent that additional 
material be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1279

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

[[Page S10789]]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Indian Employment, Training 
     and Related Services Demonstration Act Amendments of 1997''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) Indian tribes and Alaska Native organizations that have 
     participated in carrying out programs under the Indian 
     Employment, Training and Related Services Demonstration Act 
     of 1992 (25 U.S.C. 3401 et seq.) have--
       (A) improved the effectiveness of services provided by 
     those tribes and organizations;
       (B) enabled more Indian people to secure employment;
       (C) assisted welfare recipients; and
       (D) otherwise demonstrated the value of integrating 
     education, employment, and training services.
       (2) The initiative under the Indian Employment, Training 
     and Related Services Demonstration Act of 1992 should be 
     strengthened by ensuring that all programs that emphasize the 
     value of work may be included within a demonstration program 
     of an Indian tribe or Alaska Native organization.
       (3) The initiative under the Indian Employment, Training 
     and Related Services Demonstration Act of 1992 shares goals 
     and innovative approaches of the Indian Self-Determination 
     and Education Assistance Act (25 U.S.C. 450 et seq.).
       (4) The programs referred to in paragraph (2) should be 
     implemented by the unit within the Department of the Interior 
     responsible for carrying out the Indian Employment, Training 
     and Related Services Demonstration Act of 1992.
       (5) The initiative under the Indian Employment, Training 
     and Related Services Demonstration Act of 1992 should have 
     the benefit of the support and attention of the officials 
     of--
       (A) the Department of the Interior; and
       (B) other Federal agencies involved with policymaking 
     authority with respect to programs that emphasize the value 
     of work for American Indians and Alaska Natives.

     SEC. 3. AMENDMENTS TO THE INDIAN EMPLOYMENT, TRAINING AND 
                   RELATED SERVICES DEMONSTRATION ACT OF 1992.

       (a) Definitions.--Section 3 of the Indian Employment, 
     Training and Related Services Demonstration Act of 1992 (25 
     U.S.C. 3402) is amended--
       (1) by redesignating paragraphs (1) through (3) as 
     paragraphs (2) through (4), respectively; and
       (2) by inserting before paragraph (2) the following:
       ``(1) Federal agency.--The term `Federal agency' has the 
     same meaning given the term `agency' in section 551(1) of 
     title 5, United States Code.''.
       (b) Programs Affected.--Section 5 of the Indian Employment, 
     Training and Related Services Demonstration Act of 1992 (25 
     U.S.C. 3404) is amended by striking ``employment 
     opportunities, or skill development'' and all that follows 
     through the end of the section, and inserting ``securing 
     employment, retaining employment, or creating employment 
     opportunities. The programs referred to in the preceding 
     sentence may include the program commonly referred to as the 
     general assistance program established under the Act of 
     November 2, 1921 (commonly known as the `Snyder Act') (42 
     Stat. 208, chapter 115; 25 U.S.C. 13) and the program known 
     as the Johnson-O'Malley Program established under the 
     Johnson-O'Malley Act (25 U.S.C. 452 through 457).''.
       (c) Plan Review.--Section 7 of the Indian Employment, 
     Training and Related Services Demonstration Act of 1992 (25 
     U.S.C. 3406) is amended--
       (1) by striking ``Federal department'' both places it 
     appears and inserting ``Federal agency'';
       (2) by striking ``Federal departmental'' and inserting 
     ``Federal agency'';
       (3) by striking ``department'' each place it appears and 
     inserting ``agency''; and
       (4) in the third sentence, by inserting ``statutory 
     requirement,'' after ``to waive any''.
       (d) Plan Approval.--The second sentence of section 8 of the 
     Indian Employment, Training and Related Services 
     Demonstration Act of 1992 (25 U.S.C. 3407) is amended by 
     inserting before the period at the end the following: ``, 
     including reconsidering the disapproval of any waiver 
     requested by the Indian tribe''.
       (e) Job Creation Activities.--Section 9 of the Indian 
     Employment, Training and Related Services Demonstration Act 
     of 1992 (25 U.S.C. 3408) is amended--
       (1) by inserting ``(a) In General.--'' before ``The plan 
     submitted'';
       (2) by striking ``if such expenditures'' and all that 
     follows through the end of subsection (a) (as redesignated by 
     paragraph (1) of this subsection); and
       (3) by adding at the end the following:
       ``(b) Limitation.--The funds used for an expenditure 
     described in subsection (a) may only include funds made 
     available to the Indian tribe by a Federal agency under a 
     statutory or administrative formula.''.
       (f) Private Sector Training Placements.--Section 11(a) of 
     the Indian Employment, Training and Related Services 
     Demonstration Act of 1992 (25 U.S.C. 3410(a)) is amended--
       (1) in the matter preceding paragraph (1), by striking 
     ``Bureau of Indian Affairs'' and inserting ``Office of Self-
     Governance of the Department of the Interior'';
       (2) in paragraph (4)--
       (A) by inserting ``delivered under an arrangement subject 
     to the approval of the Indian tribe participating in the 
     project,'' after ``appropriate to the project,''; and
       (B) by striking the period and inserting ``; and''; and
       (3) by adding at the end the following:
       ``(5) the convening by an appropriate official of the lead 
     agency (whose appointment is subject to the confirmation of 
     the Senate) and a representative of the Indian tribes that 
     carry out demonstration projects under this Act, in 
     consultation with each such Indian tribe, of a meeting not 
     less than 2 times during each fiscal year for the purpose of 
     providing an opportunity for all Indian tribes that carry out 
     demonstration projects under this Act to discuss issues 
     relating to the implementation of this Act with officials of 
     each department specified in subsection (a).''.
       (g) Personnel.--In carrying out the amendment made by 
     subsection (f)(1), the Secretary of the Interior shall 
     transfer from the Bureau of Indian Affairs to the Office of 
     Self-Governance of the Department of the Interior such 
     personnel and resources as the Secretary determines to be 
     appropriate.
                                 ______