[Congressional Record Volume 145, Number 114 (Thursday, August 5, 1999)]
[Senate]
[Pages S10406-S10407]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL:
  S. 1509. 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; to the 
Committee on Indian Affairs.


              indian employment, training and job creation

  Mr. CAMPBELL. Mr. President, I am pleased to introduce the Indian 
Employment, Training, and Related Services Demonstration Act Amendments 
of 1999.
  This bill will amend Public Law 102-477, better known as ``the 477 
law'' that authorizes Indian tribes and tribal organizations to bring 
together many federal employment and training programs, consolidate 
them into one plan, and in the process achieve an efficiency that 
otherwise would not be possible.
  The 1992 Act allows tribes to submit one comprehensive plan, to one 
agency, and in the process to bring together resources from the 
Departments of Interior, Labor, Health and Human Services, and others 
for purposes of employment training.
  The keys to the success of ``477'' is that it is entirely voluntary--
with tribes deciding for themselves whether to take advantage of its 
benefits; and second, it involves no federal appropriations of funds to 
administer it. Participating tribes report that the elimination of 
paperwork and bureaucracy are as important as is the administrative 
flexibility that ``477'' provides to tribes.
  The focus of the 1996 federal welfare reform laws now being 
implemented by states and Indian tribes is on getting and retaining 
employment.
  For Native American communities, many of whom suffer unemployment 
rates in the 80 to 90 percent range, job opportunities are difficult to 
come by and as a result the success of the 1996 law in Native 
communities is threatened.
  In the 106th Congress the Committee on Indian Affairs has put 
economic and business development on Native lands at the center of its 
agenda. In addition to regulatory reform, physical infrastructure, and 
access to capital, part of the agenda must be to find creative efforts 
to maximize scarce federal resources for Indian development.
  By all accounts, the 1992 Act has been a success for Native people 
struggling to get employment and training and other services related 
to the world of work.

  The bill I am introducing today will build on that success and 
liberalize tribal authority under the statute, authorize actual job-
creation activities, permit regional consortia of Alaska Native 
entities to participate in the program, and require that the agencies 
and the ``477 tribes'' begin to take the next steps in enlarging the 
scope of ``477'' by bringing in the resources of additional agencies 
whose mission is related to human resource, physical infrastructure, 
and economic development assistance generally.
  A feasibility study and report are due to the authorizing committees 
not later than one year after enactment of the legislation.
  As the Self Governance model has already shown, putting tribes in the 
driver's seat results in better services to consumers, more efficient 
administrative frameworks, and often times a savings in federal 
resources. This bill will improve on an already-successful program and 
help Native communities provide employment training and jobs to their 
citizens.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record,  as follows:

                                S. 1509

       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 Amendments of 1999''.

     SEC. 2. FINDINGS, PURPOSES.

       (a) Findings.--The 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 employment-related 
     services provided by those tribes and organizations to their 
     members;
       (B) enabled more Indian and Alaska Native people to prepare 
     for and secure employment;
       (C) assisted in transitioning tribal members from welfare 
     to work; and
       (D) otherwise demonstrated the value of integrating 
     employment, training, education and related services.
       (5) the initiatives under the Indian Employment, Training, 
     and Related Services Demonstration Act of 1992 should be 
     strengthened by ensuring that all federal programs that 
     emphasize the value of work may be included within a 
     demonstration program of an Indian or Alaska Native 
     organization;
       (6) the initiatives under the Indian Employment, Training, 
     and Related Services Demonstration Act of 1992 should have 
     the benefit of the support and attention of the officials 
     with policymaking authority of
       (A) the Department of the Interior;
       (B) other federal agencies that administer programs covered 
     by the Indian Employment, Training and Related Services 
     Demonstration Act of 1992.
       (b) Purposes.--The purposes of this Act are to demonstrate 
     how Indian tribal governments and integrate the employment, 
     training and related services they provide in order to 
     improve the effectiveness of those services, reduce 
     joblessness in Indian communities, foster economic 
     development on Indian lands, and serve tribally-determined 
     goals consistent with the policies of self-determination and 
     self-governance.

[[Page S10407]]

     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 
     USC 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 
     USC 3404) is amended by striking ``job training, tribal work 
     experience, employment opportunities, or skill development, 
     or any program designed for the enhancement of job 
     opportunities or employment training'' and inserting the 
     following: ``assisting Indian youth and adults to succeed in 
     the workforce, encouraging self-sufficiency, familiarizing 
     Indian youth and adults with the world of work, facilitating 
     the creation of job opportunities and any services related to 
     these activities.''
       ``(c) Plan Review.--Section 7 of the Indian Employment, 
     Training, and Related Services Demonstration Act of 1992 (25 
     USC 3406) is amended)--
       (1) by striking ``Federal department'' 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.--Section 8 of the Indian Employment, 
     Training, and Related Services Demonstration Act of 1992 (25 
     USC 3407) is amended--
       (1) in the first sentence, by inserting before the period 
     at the end the following; ``, including any request for a 
     waiver that is made as part of the plan submitted by the 
     tribal government'';
       (2) in the second sentence, 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 Authorized.--Section 9 of the 
     Indian Employment, Training, and Related Services 
     Demonstration Act of 1992 (25 USC 3407) is amended--
       (1) by inserting ``(a) In General--'' before ``The plan 
     submitted''; and
       (2) by adding at the end the following:
       ``(b) Job Creation Opportunities.--
       (1) In general.--Notwithstanding any other provisions of 
     law, including any requirement of a program that is 
     integrated under a plan under this Act, a tribal government 
     may use a percentage of the funds made available under this 
     Act (as determined under paragraph (2)) for the creation of 
     employment opportunities, including providing private sector 
     training placement under section 10.
       (2) Determination of Percentage.--The percentage of funds 
     that a tribal government may use under this subsection is the 
     greater of--
       ``(A) the rate of unemployment in the service area of the 
     tribe up to a maximum of 25 percent; or
       ``(B) 10 percent.
       ``(c) 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''.

     SEC. 3. ALASKA REGIONAL CONSORTIA.

       The Indian Employment, Training, and Related Services 
     Demonstration Act of 1992 is amended by adding at the end the 
     following:

     ``SEC. 19. ALASKA REGIONAL CONSORTIA.

       (a) In General.--Notwithstanding any other provision of 
     law, subject to subsection (b), the Secretary shall permit a 
     regional consortium of Alaska Native villages or regional or 
     village corporations (as defined in or established under the 
     Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) 
     to carry out a project under a plan that meets the 
     requirements of this Act through a resolution adopted by the 
     governing body of that consortium or corporation.
       (b) Withdrawal.--Nothing in subsection (a) is intended to 
     prohibit an Alaska Native village from withdrawing from 
     participation in any portion of a program conducted pursuant 
     to this Act.

     SEC. 5. REPORT ON EXPANDING THE OPPORTUNITIES FOR PROGRAM 
                   INTEGRATION.

       Not later than one year after the date of enactment of this 
     Act, the Secretary, the Secretary of Health and Human 
     Services, the Secretary of Labor, and the tribes and 
     organizations participating in the integration initiative 
     under this Act shall submit a report to the Committee on 
     Indian Affairs of the Senate and the Committee on Resources 
     of the House of Representatives on the opportunities for 
     expanding the integration of human resource development and 
     economic development programs under this Act, and the 
     feasibility of establishing Joint Funding Agreements to 
     authorize tribes to access and coordinated funds and 
     resources from various agencies for purposes of human 
     resources development, physical infrastructure development, 
     and economic development assistance in general. Such report 
     shall identify programs or activities which might be 
     integrated and make recommendations for the removal of any 
     statutory or other barriers to such integration.

     SEC. 6. EFFECTIVE DATE.

       This Act and the amendments made by this Act shall take 
     effect on the date of enactment of this Act.
                                 ______