[Senate Report 110-519]
[From the U.S. Government Publishing Office]



                                                      Calendar No. 1110
110th Congress                                                   Report
                                 SENATE
 2d Session                                                     110-519

======================================================================

 
  A BILL TO ESTABLISH A PROGRAM FOR TRIBAL COLLEGES AND UNIVERSITIES 
  WITHIN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES AND TO AMEND THE 
  NATIVE AMERICAN PROGRAMS ACT OF 1974 TO AUTHORIZE THE PROVISION OF 
GRANTS AND COOPERATIVE AGREEMENTS TO TRIBAL COLLEGES AND UNIVERSITIES, 
                         AND FOR OTHER PURPOSES

                                _______
                                

October 1 (legislative day, September 17), 2008.--Ordered to be printed

    Mr. Dorgan, from the Committee on Indian Affairs, submitted the 
                               following

                              R E P O R T

                         [To accompany S. 1779]

    The Committee on Indian Affairs, to which was referred the 
bill (S. 1779) to establish a program for tribal colleges and 
universities to authorize the provision of grants to, and 
cooperative agreements with, tribal colleges and universities, 
and for other purposes, having considered the same, reports 
favorably thereon with an amendment and recommends that the 
bill, as amended, do pass.

                                Purpose

    S. 1779, Through Higher Education, Promoting the 
Advancement of Tribal Health Act, (THE PATH Act) seeks to 
assist tribal colleges and universities in strengthening Indian 
communities by providing health promotion and disease 
prevention education, outreach, and workforce development 
programs, including program implementation, research and 
capacity-building.

                               Background

    A primary goal of providing Federal support for higher 
education is to ensure social and economic self-sufficiency and 
growth for all residents of the United States. Social and 
economic underdevelopment is a significant obstacle to the 
self-sufficiency of Indian communities and families. Research 
has demonstrated that higher education is a primary method of 
achieving economic and social development for Indian 
communities.
    Tribal colleges and universities are institutions of higher 
education created by Indians for Indians residing primarily on 
rural and isolated Indian reservations. Unfortunately, they 
often are unable to access the general system of higher 
education in the United States. Due to chronic under-funding, 
tribal colleges and universities have limited resources to 
establish programs that help address the perennial health 
challenges that rural Indian communities face.

                           General Principles

    Lack of accessible health-related education and training 
opportunities remains a problem for American Indians and Alaska 
Natives, and results in fewer American Indians and Alaska 
Natives in the health-related workforce of the United States. 
Tribal colleges and universities remain the most poorly-funded 
institutions of higher education in the United States, yet, as 
engaged institutions, tribal colleges and universities serve as 
catalysts for positive change in Indian communities. Tribal 
colleges and universities with nursing programs train hundreds 
of students to hold critically-needed professional and 
management positions in the Indian Health Service, tribal 
health organizations, and private and community agencies 
serving rural Indian populations.
    To the extent that tribal colleges and universities are 
able, these institutions are addressing the many societal 
challenges faced by Indian communities. Tribal colleges and 
universities offer critically-needed education and outreach 
programs, including: community health fairs, HIV-AIDS education 
programs, diabetes education programs, nutritional and obesity 
programs including community garden programs, substance abuse 
prevention programs, youth-at-risk programs, parenting classes, 
and child and elder care services.
    Due to chronic lack of operational and targeted program 
funding, tribal colleges and universities have limited 
resources available to address the perennial health challenges 
of rural Indian communities in their programs.
    The underlying goal of tribal colleges and universities is 
to improve the lives of Indians through higher education and to 
assist Indians in achieving self-sufficiency. Tribal colleges 
and universities offer a variety of social services for 
students and community members and often serve as community 
centers, libraries, tribal archives, career and business 
centers, economic development centers, public meeting places, 
and childcare and wellness centers.
    Tribal colleges and universities and their students 
contribute significantly to the economic and social health of 
Indian communities. Tribal colleges and universities have been 
more successful than any other institution of higher education 
in educating and helping to retain Indians in high-need fields, 
such as nursing and teaching. Data from 2005 indicates that 
approximately half of all graduates of tribal colleges and 
universities pursue advanced education and of those graduates, 
more than 86 percent pursue bachelor's degrees. Individuals, 
including Indians with a bachelor's or advanced degree(s) earn 
almost four times as much as individuals who do not graduate 
from high school and more than two times as much as individuals 
with high school diplomas.
    Of the 155 indigenous languages spoken in the United States 
as of the date of enactment of this Act, 135 are spoken only by 
Indian elders. Language and culture are at the heart of the 
mission of each tribal college and university. Tribal colleges 
and universities play a strong leadership role in American 
Indian language immersion and are responsible for the majority 
of the approximately 50 American Indian language immersion 
programs in the United States. Despite the proven success and 
importance of American Indian language preservation and 
vitalization efforts of tribal colleges and universities, only 
minimal Federal and private sector resources are available to 
support these activities.

                      Section-by-Section Anaylsis

    The provisions of S. 1779 are the result of the Committee's 
consultation with Indian tribes, and discussions with the 
American Indian Higher Education Consortium, National Indian 
Health Board, National Indian Education Association, National 
Congress of American Indians, and Pathways Into Health. The 
bill establishes a program for tribal colleges and universities 
within the Department of Health and Human Services and the 
Department of Labor to authorize the provision of grants to, 
and cooperative agreements with, tribal colleges and 
universities, and for other purposes.
    A goal of this bill is to provide more opportunities for 
tribal colleges and universities to offer health-related 
education and training to address the need for more American 
Indian and Alaska Native health professionals while advancing 
the language and culture of American Indian and Alaska Native 
communities. THE PATH Act will also enable the tribal colleges 
and universities to work in partnership with relevant Indian 
tribes to implement community-based programs for health 
promotion and disease prevention educational needs.
    This inclusive partnership is particularly beneficial in 
coordinating multiple communities or tribes that are served by 
a tribal college or university. For example, the United Tribes 
Technical College in North Dakota, the Salish Kootenai College 
in Montana, Haskell Indian Nations University in Lawrence, 
Kansas, and the Southwestern Indian Polytechnic Institute in 
Santa Fe, New Mexico, all serve multiple tribes. In addition, 
the Ilisagvik College in Barrow, Alaska provides educational 
opportunities for the Northern Slope region of Alaska, also 
serving multiple tribes.
    Through THE PATH Act, these tribal colleges and 
universities may enter into a partnership with multiple tribes, 
thereby expanding the opportunities to address these health 
educational needs. The Committee intends THE PATH Act to be 
expansively interpreted in fulfilling the purposes and goals of 
this Act.

TITLE I--THROUGH HIGHER EDUCATION: PROMOTING THE ADVANCEMENT OF TRIBAL 
                                 HEALTH

Section 101. Short title; table of contents

    This section provides the short title to the legislation 
``Through Higher Education: Promoting the Advancement of Tribal 
Health Act of 2008.''

Sec. 102. Congressional findings and purpose

    This section states the following findings. Indians lack 
representation in the health-related workforce. Tribal colleges 
and universities (TCUs) are the most poorly funded higher 
education institutions despite their being the best catalyst 
for positive change. Tribal colleges and universities with 
nursing programs train hundreds of critically-needed leadership 
and health management positions within Indian Country. To the 
extent they are able; TCUs are addressing the societal needs of 
Indian Country. Tribal colleges and universities offer a number 
of critically needed health education and outreach programs. 
Due to chronic under-funding, TCUs have limited resources to 
meet the perennial educational needs of tribal communities.
    The purpose of this act is to assist TCUs to strengthen 
Indian communities through the provision of health promotion 
and disease prevention education, outreach and work-force 
development programs, including program implementation, 
research and capacity-building.

Sec. 103. Definitions

    For the purposes of this Title, the term ``Secretary'' 
refers to the Secretary of Health and Human Services, ``Deputy 
Assistant Secretary'' means the Deputy Assistant Secretary for 
Minority Health within the Office of Public Health and Science. 
For the purposes of this Title, ``Director'' means the Director 
of the National Institutes of Health and the term ``Indian'', 
is as described in the Indian Health Care Improvement Act. 
Under this Title, ``Tribal College or University'' is as 
defined in Titles I and II the Tribally Controlled College or 
University Assistance Act, and those listed in the Equity in 
Educational Land-Grant Status Act of 1994.

Sec. 104. Administration by coordinating officer

    This section designates the Deputy Assistant Secretary for 
Minority Health to serve as the coordinating officer. 
Additionally, it directs the Secretary to appoint adequate 
staff to assist the Secretary and provide technical assistance. 
The section also requires the Secretary, within 180 days of 
enactment, to develop and implement a formal Memorandum of 
Understanding with the American Indian Higher Education 
Consortium (AIHEC) to ensure American Indian communities 
participate equitably and, to provide technical assistance to 
TCUs.

Sec. 105. Community-based health and wellness fairs

    This section authorizes appropriations for and directs the 
Secretary to establish a program to provide grants to, or offer 
to enter into cooperative agreements with tribal colleges to 
carry out annual, community-based, and culturally relevant 
health and wellness fairs at TCUs.

Sec. 106. Health promotion and disease prevention targeted programs

    This section authorizes and directs the Secretary to 
establish a program to provide grants to, or offer to enter 
into cooperative agreements with TCUs to carry out activities 
to improve and expand the capacity of TCUs, including 
activities relating to health promotion and disease prevention 
education and the elimination of health disparities in tribal 
communities. It also requires the Secretary to approve 
applications on a competitive basis and ensure maximum and 
equitable distribution among eligible TCUs. This section states 
that in order to be eligible, a TCU shall submit an application 
to the Secretary in a reasonable time and manner that includes 
a 5-year plan for meeting the needs identified in this Act. It 
requires the Secretary to streamline the application process to 
the extent practicable. Finally, this section allows Tribal 
colleges and universities to use grant funds or cooperative 
agreements to develop and carry out promotion and prevention 
education activities to address areas such as: diabetes, injury 
prevention, substance abuse, HIV-AIDS, emerging issues, obesity 
and nutrition.

Sec. 107. Development and expansion of public health professional 
        degree programs

    This section authorizes and directs the Secretary to 
establish a program to provide grants to TCUs for developing 
curricula, individual courses, and degree and in-service 
programs for health-related professions. It requires a TCU to 
submit an application in a manner that is timely and 
reasonable, as determined by the Secretary. This section also 
requires the application to include a 5-year plan for 
increasing the number of Indians in the U.S. health workforce. 
And finally, this section requires the Secretary to ensure a 
streamlined process for TCUs to apply and the Department to 
approve applications.

Sec. 108 Tribal College and University Rural Health Equity Endowment 
        Fund

    This section appropriates funds to establish the ``Tribal 
College and University Rural Health Equity Endowment Fund'' or, 
``Fund'' and requires the Secretary to invest money in the Fund 
in interest-bearing obligations of the United States. This 
section also directs the Secretary of the Treasury to transfer 
interest income from that year to the Secretary at the end of 
each fiscal year. Section 108 requires one percent of the 
annual interest be used to pay the administrative expenses to 
carry out this section. It also requires the Secretary to 
distribute 60 percent of the interest income to TCUs on pro 
rata basis, based on the proportion of an institution's Indian 
student count compared to the Indian student count of all TCUs 
for that year. Finally, this section requires the remaining 40 
percent to be distributed in equal amounts to each eligible TCU 
which shall be used to enhance their rural health-related 
program at said institution.

Sec. 109. Offices of sponsored programs

    Section 109 authorizes and directs the Secretary to 
establish a program to provide grants to TCUs to establish and 
maintain offices of sponsored programs. Sponsored programs 
include: pre- and post-grant award programs for research, data 
collection, and analysis to ensure proper documentation and 
compliance with applicable regulations; programs to advance 
specific institutional grant application procedures and 
processes through coordination of external funding and faculty, 
staff and financial officers; programs to assist in 
negotiations with Federal funding sources; programs to provide 
liaisons with Federal counterparts to train and assist college 
staff with grant management and compliance; programs which 
coordinate partnerships between TCUs, Federal agencies and the 
private sector and; programs to assist in consultation with 
Federal agencies to identify and propose solutions to obstacles 
relating to grant applications.
    This section requires a tribal college to submit an 
application in a manner that is reasonable and timely, 
determined by the Secretary. It also requires the application 
to include a 5-year strategy for carrying out a sponsored 
program, including performance indicators that will be 
evaluated. Additionally, the Secretary is required to provide 
money for each approved application in an amount equal to the 
quotient obtained by dividing the total amount made available 
for the year by the number of successful grant applications. 
Finally, section 109 requires that each tribal college, that 
receives a grant from 2010-2018, submit a report describing the 
program's success, measured by the performance indicators 
identified in the application.

Sec. 110. Health promotion and disease prevention research programs

    Section 110 authorizes and requires the Secretary to 
establish a program to provide grants to or enter into 
cooperative agreements with TCUs to conduct research relating 
to health promotion and disease prevention. It also requires 
that such grants and cooperative agreements be awarded on a 
competitive basis, be for no more than 3 years, and no less 
than $150,000/year. Under this section, grants or agreements 
for undergraduate research experience may not be for more than 
1 year and not less than $10,000/year. This section also 
requires a tribal college to submit an application for these 
programs in a manner that is timely and reasonable, determined 
by the Secretary. Additionally, the Secretary is required to 
streamline the application and approval process, to the extent 
practicable. Section 110 also establishes that these programs 
are intended for research on culturally relevant and innovative 
health promotion and disease prevention strategies; 
epidemiological research on the health status of Indians and; 
undergraduate research experience programs as TCUs determine 
appropriate.

  TITLE II--ADVANCING TRIBES THROUGH TRIBAL COLLEGES AND UNIVERSITIES

Sec. 201. Short title

    This section provides the short title to Title II: 
Advancing Tribes Through Tribal Colleges and Universities.

Sec. 202. Findings

    This section lists the following findings. The primary goal 
of Federal support for higher education is to ensure social 
self-sufficiency and growth. Social and economic 
underdevelopment is a fundamental obstacle to self-sufficiency 
in Indian Country. Higher education is a primary method of 
achieving social and economic development in Indian Country. 
Tribal colleges and universities are higher education 
institutions created by Indians for Indians, historically 
excluded from mainstream higher education.
    The goals of tribal colleges are to improve Indian lives 
through higher education and achieve Indian self-sufficiency. 
Tribal colleges and universities often serve as community 
centers, libraries, tribal archives, career and business 
centers, economic development centers, public meeting places, 
and childcare and wellness centers.
    Tribal colleges and universities and their students 
contribute significantly to the economic and social health of 
tribal communities. Tribal colleges have been the most 
successful institution to educate Indians in high-tech fields, 
such as nursing and teaching. Half of all graduates pursue 
advanced education, including 86% pursuing a bachelor's degree. 
Indians with bachelor's or advanced degrees earn almost 4 times 
as Indians without a high school education and twice as much as 
Indians with only a high school education.
    Of the 155 indigenous languages spoken in the United 
States, 135 are spoken only by Indian elders. Language and 
culture are at the heart of the mission of each tribal college. 
Tribal colleges and universities play a strong leadership role 
in American Indian language immersion and are responsible for 
the majority of the 50 immersion programs. Despite the proven 
success of language programs, only minimal Federal and private 
sector resources are available to support activities.

Sec. 203. Native prosperity programs at tribal colleges and 
        universities

    Section 203 amends section 166 of the Workforce Investment 
Act of 1998 (29 U.S.C. 2911) to add ``(k) Native Prosperity 
Programs at Tribal Colleges and Universities''. It requires the 
Secretary to establish the Native Prosperity Program to provide 
grants to or enter into cooperative grants with tribal colleges 
to promote economic development, entrepreneurship, community 
development, and sound fiscal leadership in Indian communities. 
Under this section, the Secretary is required to provide grants 
on a competitive basis and grants are limited to not more than 
five years, unless the Secretary determines that the TCU has 
performed successfully throughout the previous 5-year term. In 
that case, the Secretary may award another three years on a 
non-competitive basis.
    Section 203 also requires a TCU to submit an application in 
a manner that is timely and reasonable, as determined by the 
Secretary. This application must include a 5-year plan pursuant 
to the cooperative agreement. Under this section the 
application must identify the population served and the 
employment needs of the community, in addition to a description 
of how the program will strengthen the economic development 
potential of the population or contribute to the development of 
high-quality local and community services. Additionally, the 
application should also include a description of the services 
to be provided and include performance measures.
    Finally, this section allows the TCU to use a grant or 
agreement under this section to carry out activities including 
micro-enterprise development, business development and 
administration courses and degree programs, and 
entrepreneurship programs; municipality planning and 
administration and, executive leadership training and the 
Secretary to enter into cooperative agreements with the 
American Indian Higher Education Consortium.

Sec. 204. Definitions

    In this section, for the purpose of this Title 
``Secretary'' means the Secretary of the Department of Labor.
    Section 204 amends the Workforce Investment Act by adding 
at the end that ``Tribal College or University'' means an 
institution that is eligible to receive funds under the 
Tribally Controlled College or University Assistance Act of 
1978, Dine College and any of the 1994 Institutions listed in 
the Equity in Educational Land-Grant Status Act of 1994.

                          Legislative History

    On July 12, 2007, Senator Tester introduced S. 1779, 
Through Higher Education, Promoting the Advancement of Tribal 
Health Act, (THE PATH Act). Senator Dorgan was an original 
cosponsor. Senators Baucus and Bingaman were added as 
cosponsors on April 17, 2008. Senator Johnson was added as a 
cosponsor on April 29, 2008.
    The Committee held an open business meeting on April 24, 
2008, at which it voted to favorably report S. 1779, with an 
amendment in the nature of a substitute, to the full Senate 
with a recommendation that the bill do pass.

            Committee Recommendation and Tabulation of Vote

    On April 24, 2008, the Committee on Indian Affairs convened 
a business meeting to consider S. 1779 and other measures, and 
voted to have the bill, with an amendment in the nature of a 
substitute, favorably reported to the full Senate, with 
recommendation that the bill do pass.

                   Cost and Budgetary Considerations

    The following cost estimate for S. 1779, as provided by the 
Congressional Budget Office, is set forth below:

S. 1779--Tribal Health Promotion and Tribal Colleges and Universities 
        Advancement Act of 2007

    Summary: S. 1779 would authorize the appropriation of $51 
million annually over the 2009-2017 period for grants to tribal 
colleges and universities for a variety of disease prevention 
and health promotion activities. CBO estimates that 
implementing S. 1779 would have discretionary costs of $189 
million over the 2009-2013 period and $444 million over the 
2009-2018 period, assuming appropriation of the authorized 
amounts. CBO also estimates that enacting the bill would 
increase direct spending by $4 million over the 2009-2013 
period and $18 million over the 2009-2018 period.
    S. 1779 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 1779 is shown in the following table. 
The cost of this legislation falls within budget function 550 
(health).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                   By fiscal year in millions of dollars--
                                                   -----------------------------------------------------------------------------------------------------
                                                     2009    2010    2011    2012    2013    2014    2015    2016    2017    2018   2009-2013  2009-2018
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Grants to Tribal Colleges and Universities to
 Prevent Disease and Promote Health:
    Authorization Level...........................      51      51      51      51      51      51      51      51      51       0       257        462
    Estimated Outlays.............................       3      38      47      51      51      51      51      51      51      49       189        444

                                                               CHANGES IN DIRECT SPENDING

Tribal College and University Rural Health Equity
 Endowment Fund:
    Estimated Budget Authority....................       0       1       1       2       2       3       3       3       4       0         6         19
    Estimated Outlays.............................       0       0       1       1       2       2       2       3       3       4         4         18
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that S. 
1779 will be enacted in late 2008 and implemented in 2009, that 
the authorized amounts will be provided for each year, and that 
spending will follow historical patterns for similar programs.

Spending subject to appropriation

    S. 1779 would authorize the appropriation of specified 
amounts for grants to tribal colleges and universities for a 
variety of disease prevention and health promotion activities. 
The bill would direct the Secretary of Health and Human 
Services (HHS) to provide grants to promote community-based 
health and wellness fairs, health promotion and disease 
prevention programs, construction and renovation of community 
wellness centers, and development and expansion of public 
health professional degree programs in public health. The bill 
also would establish within HHS the Office on Tribal College 
and University Programs to administer the programs authorized 
by the bill and coordinate activities relating to tribal 
colleges and universities. Based on historical spending 
patterns for grants to minority institutions of higher 
education, CBO estimates that implementing these provisions 
would cost $189 million over the 2009-2013 period and $444 
million over the 2009-2018 period.

Direct spending

    S. 1779 would direct the Secretary of the Treasury to 
establish the Tribal College and University Rural Health Equity 
Endowment Fund. The bill would appropriate $9 million per year 
to the fund for fiscal years 2009 through 2017 and would direct 
the Secretary of the Treasury to invest the amounts in 
interest-bearing obligations of the United States. On the last 
day of each fiscal year, the bill would direct the Secretary of 
the Treasury to transfer the interest earned on the amounts in 
the fund to the Secretary of HHS, who in turn would be directed 
to distribute the funds to tribal colleges and universities for 
the purpose of establishing endowments for training programs 
for health care professionals. CBO estimates that direct 
spending from these endowments would be $4 million over the 
2009-2013 period and $18 million over the 2009-2018 period.
    Intergovernmental and private-sector impact: S. 1779 
contains no intergovernmental or private-sector mandates as 
defined in the UMRA. Tribal governments and entities, including 
tribal colleges and universities, would benefit from the grant 
programs authorized in the bill.
    Estimate prepared by: Federal Costs: Robert Stewart; Impact 
on State, Local, and Tribal Governments: Lisa Ramirez-Branum; 
Impact on the Private Sector: MarDestinee Perez.
    Estimate approved by: Keith Fontenot, Deputy Assistant 
Director for Health and Human Resources, Budget Analysis 
Division.

                        Executive Communications

    The Committee has received no written communications from 
the Executive Branch regarding S. 1779.

               Regulatory and Paperwork Impact Statement

    Paragraph 11(b) of rule XXVI of the Standing Rules of the 
Senate requires that each report accompanying a bill evaluate 
the regulatory and paperwork impact that would be incurred in 
carrying out the bill. The Committee has concluded that the 
regulatory and paperwork impacts of S. 1779 should be de 
minimis.

                        Changes in Existing Law

    In compliance with subsection 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill S. 1779, as ordered reported, are shown as follows 
(existing law proposed to be omitted is enclosed in black 
brackets, new language to be added in italic, existing law to 
which no change is proposed shown in roman):

SEC. 166 [29 U.S.C 2911] NATIVE AMERICAN PROGRAMS.

    (a) Purpose.--
    (1) In general.--The purpose of this section is to support 
employment and training activities for Indian, Alaska Native, 
and Native Hawaiian individuals in order--
                  (A) to develop more fully the academic, 
                occupational, and literacy skills of such 
                individuals;
                  (B) to make such individuals more competitive 
                in the workforce; and
                  (C) to promote the economic and social 
                development of Indian, Alaska Native, and 
                Native Hawaiian communities in accordance with 
                the goals and values of such communities.
          (2) Indian policy.--All programs assisted under this 
        section shall be administered in a manner consistent 
        with the principles of the Indian Self-Determination 
        and Education Assistance Act (25 U.S.C. 450 et seq.) 
        and the government-to-government relationship between 
        the Federal Government and Indian tribal governments.
    (b) Definitions.--As used in this section:
    (1) Alaska native.--The term ``Alaska Native'' means a 
Native as such term is defined in section 3(b) of the Alaska 
Native Claims Settlement Act (43 U.S.C. 1602(b)).
          (2) Indian, indian tribe, and tribal organization.--
        The terms ``Indian'', ``Indian tribe'', and ``tribal 
        organization'' have the meanings given such terms in 
        subsections (d), (e), and (l), respectively, of section 
        4 of the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450b).
          (3) Native hawaiian and native hawaiian 
        organization.--The terms ``Native Hawaiian'' and 
        ``Native Hawaiian organization'' have the meanings 
        given such terms in section 7207 of the Native Hawaiian 
        Education Act.
          (4) Tribal College or University.--The term ``tribal 
        college or university'' means--
                  (A) an institution that is eligible to 
                receive funds under the Tribally Controlled 
                College or University Assistance Act of 1978 
                (25 U.S.C. 1801 et seq.);
                  (B) Dine College; and
                  (C) any 1 of the 1994 Institutions (as 
                defined in section 532 of the Equity in 
                Educational Land-Grant Status Act of 1994 (7 
                U.S.C. 301 note; Public Law 103-382)). 
    (c) Program Authorized.--
          (1) In general.--The Secretary shall, on a 
        competitive basis, make grants to, or enter into 
        contracts or cooperative agreements with, Indian 
        tribes, tribal organizations, Alaska Native entities, 
        Indian-controlled organizations serving Indians, or 
        Native Hawaiian organizations to carry out the 
        authorized activities described in subsection (d).
          (2) Exception.--The competition for grants, 
        contracts, or cooperative agreements conducted under 
        paragraph (1) shall be conducted every 2 years, except 
        that if a recipient of such a grant, contract, or 
        agreement has performed satisfactorily, the Secretary 
        may waive the requirements for such competition on 
        receipt from the recipient of a satisfactory 2-year 
        program plan for the succeeding 2-year period of the 
        grant, contract, or agreement.
    (d) Authorized Activities.--
          (1) In general.--Funds made available under 
        subsection (c) shall be used to carry out the 
        activities described in paragraph (2) that--
                  (A) are consistent with this section; and
                  (B) are necessary to meet the needs of 
                Indians or Native Hawaiians preparing to enter, 
                reenter, or retain unsubsidized employment.
          (2) Workforce investment activities and supplemental 
        services.--
                  (A) In general.--Funds made available under 
                subsection (c) shall be used for--
                          (i) comprehensive workforce 
                        investment activities for Indians or 
                        Native Hawaiians; or
                          (ii) supplemental services for Indian 
                        or Native Hawaiian youth on or near 
                        Indian reservations and in Oklahoma, 
                        Alaska, or Hawaii.
                  (B) Special rule.--Notwithstanding any other 
                provision of this section, individuals who were 
                eligible to participate in programs under 
                section 401 of the Job Training Partnership Act 
                (29 U.S.C. 1671) (as such section was in effect 
                on the day before the date of enactment of this 
                Act) shall be eligible to participate in an 
                activity assisted under this section.
    (e) Program Plan.--In order to receive a grant or enter 
into a contract or cooperative agreement under this section an 
entity described in subsection (c) shall submit to the 
Secretary a program plan that describes a 2-year strategy for 
meeting the needs of Indian, Alaska Native, or Native Hawaiian 
individuals, as appropriate, in the area served by such entity. 
Such plan shall--
          (1) be consistent with the purpose of this section;
          (2) identify the population to be served;
          (3) identify the education and employment needs of 
        the population to be served and the manner in which the 
        activities to be provided will strengthen the ability 
        of the individuals served to obtain or retain 
        unsubsidized employment;
          (4) describe the activities to be provided and the 
        manner in which such activities are to be integrated 
        with other appropriate activities; and
          (5) describe, after the entity submitting the plan 
        consults with the Secretary, the performance measures 
        to be used to assess the performance of entities in 
        carrying out the activities assisted under this 
        section.
    (f) Consolidation of Funds.--Each entity receiving 
assistance under subsection (c) may consolidate such assistance 
with assistance received from related programs in accordance 
with the provisions of the Indian Employment, Training and 
Related Services Demonstration Act of 1992 (25 U.S.C. 3401 et 
seq.).
    (g) Nonduplicative and Nonexclusive Services.--Nothing in 
this section shall be construed--
          (1) to limit the eligibility of any entity described 
        in subsection (c) to participate in any activity 
        offered by a State or local entity under this Act; or
          (2) to preclude or discourage any agreement, between 
        any entity described in subsection (c) and any State or 
        local entity, to facilitate the provision of services 
        by such entity or to the population served by such 
        entity.
    (h) Administrative Provisions.--
          (1) Organizational unit established.--The Secretary 
        shall designate a single organizational unit within the 
        Department of Labor that shall have primary 
        responsibility for the administration of the activities 
        authorized under this section.
          (2) Regulations.--The Secretary shall consult with 
        the entities described in subsection (c) in--
                  (A) establishing regulations to carry out 
                this section, including performance measures 
                for entities receiving assistance under such 
                subsection, taking into account the economic 
                circumstances of such entities; and
                  (B) developing a funding distribution plan 
                that takes into consideration previous levels 
                of funding (prior to the date of enactment of 
                this Act) to such entities.
          (3) Waivers.--
                  (A) In general.--With respect to an entity 
                described in subsection (c), the Secretary, 
                notwithstanding any other provision of law, 
                may, pursuant to a request submitted by such 
                entity that meets the requirements established 
                under subparagraph (B), waive any of the 
                statutory or regulatory requirements of this 
                title that are inconsistent with the specific 
                needs of the entities described in such 
                subsection, except that the Secretary may not 
                waive requirements relating to wage and labor 
                standards, worker rights, participation and 
                protection of workers and participants, 
                grievance procedures, and judicial review.
                  (B) Request and approval.--An entity 
                described in subsection (c) that requests a 
                waiver under subparagraph (A) shall submit a 
                plan to the Secretary to improve the program of 
                workforce investment activities carried out by 
                the entity, which plan shall meet the 
                requirements established by the Secretary and 
                shall be generally consistent with the 
                requirements of section 189(i)(4)(B).
          (4) Advisory council.--
                  (A) In general.--Using funds made available 
                to carry out this section, the Secretary shall 
                establish a Native American Employment and 
                Training Council to facilitate the consultation 
                described in paragraph (2).
                  (B) Composition.--The Council shall be 
                composed of individuals, appointed by the 
                Secretary, who are representatives of the 
                entities described in subsection (c).
                  (C) Duties.--The Council shall advise the 
                Secretary on all aspects of the operation and 
                administration of the programs assisted under 
                this section, including the selection of the 
                individual appointed as the head of the unit 
                established under paragraph (1).
                  (D) Personnel matters.--
                          (i) Compensation of members.--Members 
                        of the Council shall serve without 
                        compensation.
                          (ii) Travel expenses.--The members of 
                        the Council shall be allowed travel 
                        expenses, including per diem in lieu of 
                        subsistence, at rates authorized for 
                        employees of agencies under subchapter 
                        I of chapter 57 of title 5, United 
                        States Code, while away from their 
                        homes or regular places of business in 
                        the performance of services for the 
                        Council.
                          (iii) Administrative support.--The 
                        Secretary shall provide the Council 
                        with such administrative support as may 
                        be necessary to perform the functions 
                        of the Council.
                  (E) Chairperson.--The Council shall select a 
                chairperson from among its members.
                  (F) Meetings.--The Council shall meet not 
                less than twice each year.
                  (G) Application.--Section 14 of the Federal 
                Advisory Committee Act (5 U.S.C. App.) shall 
                not apply to the Council.
          (5) Technical assistance.--The Secretary, acting 
        through the unit established under paragraph (1), is 
        authorized to provide technical assistance to entities 
        described in subsection (c) that receive assistance 
        under subsection (c) to enable such entities to improve 
        the activities authorized under this section that are 
        provided by such entities.
          (6) Agreement for certain federally recognized indian 
        tribes to transfer funds to the program.--A federally 
        recognized Indian tribe that administers funds provided 
        under this section and funds provided by more than one 
        State under other sections of this title may enter into 
        an agreement with the Secretary and the Governors of 
        the affected States to transfer the funds provided by 
        the States to the program administered by the tribe 
        under this section.
    (i) Compliance With Single Audit Requirements; Related 
Requirement.--Grants, contracts, and cooperative agreements 
entered into under this section shall be subject to the 
requirements of chapter 75 of subtitle V of title 31, United 
States Code (enacted by the Single Audit Act of 1984) and 
charging of costs under this section shall be subject to 
appropriate circulars issued by the Office of Management and 
Budget.
    (j) Assistance to American Samoans in Hawaii.--
          (1) In general.--Notwithstanding any other provision 
        of law, the Secretary is authorized to provide 
        assistance to American Samoans who reside in Hawaii for 
        the co-location of federally funded and State-funded 
        workforce investment activities.
          (2) Authorization of appropriations.--There are 
        authorized to be appropriated for fiscal year 1999 such 
        sums as may be necessary to carry out this subsection.
    (k) Native Prosperity Programs at TCUs.--
          (1) Establishment.--The Secretary shall establish a 
        program, to be known as the `TCU Native Prosperity 
        Program', under which the Secretary shall provide 
        grants to, or offer to enter into cooperative 
        agreements with, eligible tribal colleges and 
        universities to promote economic development, 
        entrepreneurship, community development, and sound 
        fiscal leadership in Indian communities.
          (2) Requirements.--
                  (A) In general.--Except as provided in 
                subparagraph (B)--
                          (i) the Secretary shall provide 
                        grants and offer to enter into 
                        cooperative agreements under paragraph 
                        (1) on a competitive basis; and
                          (ii) the term of a grant or 
                        cooperative agreement under paragraph 
                        (1) shall be 5 years.
                  (B) Exception.--If the Secretary determines 
                that a tribal college or university that 
                receives a grant or enters into a cooperative 
                agreement under this subsection has performed 
                satisfactorily throughout the initial 5-year 
                term of the grant or cooperative agreement 
                under subparagraph (A)(ii)--
                          (i) the tribal college or university 
                        may submit to the Secretary an 
                        application to extend the grant or 
                        cooperative agreement, as applicable, 
                        for a period of not more than 3 
                        additional years; and
                          (ii) the Secretary may waive the 
                        competitiveness requirement of 
                        subparagraph (A)(i) with respect to the 
                        application.
          (3) Application.--
                  (A) In general.--To be eligible to receive a 
                grant or enter into a cooperative agreement 
                under this subsection, a tribal college or 
                university shall submit to the Secretary an 
                application at such time and in such manner as 
                the Secretary may reasonably require.
                  (B) Program plan.--
                          (i) In general.--An application under 
                        subparagraph (A) shall include a plan 
                        for the program proposed to be carried 
                        out by the eligible tribal college or 
                        university using the grant or pursuant 
                        to the cooperative agreement, as 
                        applicable.
                          (ii) Inclusions.--A program plan 
                        under subparagraph (A) shall include--
                                  (I) a description of a 5-year 
                                plan for the applicable tribal 
                                college or university, 
                                developed in consultation with, 
                                and approved by, each relevant 
                                Indian tribe, through which the 
                                tribal college or university 
                                will work collaboratively to 
                                meet the needs of Indians or 
                                Alaska Natives, as appropriate, 
                                in the area served by the 
                                tribal college or university; 
                                  (II) an identification of the 
                                population to be served by the 
                                tribal college or university; 
                                  (III) an identification of 
                                the education and employment 
                                needs of that population and a 
                                description of the manner in 
                                which the program will--
                                          (aa) strengthen the 
                                        economic development 
                                        potential of the 
                                        population; or
                                          (bb) contribute to 
                                        the development of 
                                        high-quality local and 
                                        community services; 
                                  (IV) a description of the 
                                services to be provided under 
                                the program, including the 
                                manner in which the services 
                                will be integrated with other 
                                appropriate activities to 
                                minimize duplication of 
                                services; and
                                  (V) a description, to be 
                                prepared in consultation with 
                                the Secretary, of the 
                                performance measures to be used 
                                to assess the performance of 
                                the tribal college or 
                                university in carrying out the 
                                program.
                          (iii) Requirement.--A program plan 
                        shall be consistent with the purposes 
                        of this section, as determined by the 
                        Secretary.
          (4) Activities.--A tribal college or university that 
        receives a grant or enters into a cooperative agreement 
        under this subsection may use the grant or cooperative 
        agreement to carry out activities, including--
                  (A) microenterprise development; 
                  (B) business development and administration 
                courses and degree programs;
                  (C) entrepreneurship programs;
                  (D) municipality planning and administration 
                courses, degree programs, and in-service 
                training; and 
                  (E) executive leadership training in economic 
                development, planning, and emerging management 
                issues.
          (5) Technical assistance.--To ensure that tribal 
        colleges and universities receive timely, equitable, 
        and culturally relevant technical assistance, the 
        Secretary may enter into any cooperative agreement the 
        Secretary determines to be necessary with the American 
        Indian Higher Education Consortium.
          (6) Authorization of appropriations.--There is 
        authorized to be appropriated to carry out this 
        subsection $12,000,000 for each of fiscal years 2009 
        through 2012.

                                  
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