102d CONGRESS
2d Session
S. 1530
AMENDMENT
S 1530 EAH
In the House of Representatives, U. S.,
September 29, 1992.
Resolved, That the bill from the Senate (S. 1530) entitled `An Act to
authorize the integration of employment, training, and related services
provided by Indian tribal governments', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:

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This Act may be cited as the `Indian Employment, Training and Related
Services Demonstration Act of 1992'.

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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 tribally-determined goals consistent with
the policy of self-determination.

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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.

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The Secretary of the Interior, in cooperation with the appropriate Secretary
of Labor, Secretary of Health and Human Services, or Secretary of Education,
shall, upon the receipt of a plan acceptable 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 employment,
training, and related services programs in a manner that integrates the
program services involved into a single, coordinated, comprehensive program
and reduces administrative costs by consolidating administrative functions.

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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 purposes of job training, tribal work
experience, employment opportunities, or skill development, or any program
designed for the enhancement of job opportunities or employment training.

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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 this Act authorizing the services
to be integrated in a demonstration project;
(3) describe a comprehensive strategy which identifies the full range of
potential employment 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 opportunities;
(4) describe the way in which services are to be integrated and delivered
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 delivery of the services integrated under the plan;
(7) identify any statutory provisions, regulations, policies, or procedures
that the tribal government believes need to be waived in order to implement
its plan; and
(8) be approved by the governing body of the affected tribe.

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Upon receipt of the plan from a tribal government, the Secretary 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 requirements or of Federal departmental regulations,
policies, or procedures necessary to enable the tribal government
to implement its plan. Notwithstanding any other provision 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 by such tribal government or department, 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 its authority which are
specifically applicable to Indian programs.

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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.

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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 applicable to Indian programs in the statute
under which the funds are authorized.

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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 employers and pay such
participants a training allowance 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 completion of the training period, to guarantee permanent
employment to such participants for a minimum of 12 months.

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(a) RESPONSIBILITIES OF THE DEPARTMENT OF THE INTERIOR- 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 government 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 government appropriate
to the project, except that a tribal government shall have the authority
to accept or reject the plan for providing such technical assistance and
the technical assistance provider.
(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 complied with the requirements incorporated in its approved plan
and will provide assurances to each Secretary that the tribe has complied
with all directly applicable statutory requirements and with those directly
applicable regulatory requirements which have not been waived.

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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.

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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 necessary to provide for an
interagency transfer of funds otherwise available to a tribal government
in order to further the purposes of this Act.

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(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 be 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 amount of such costs (under each
program or department's regulations), and no overage shall be counted for
Federal audit purposes, provided that the overage is used for the purposes
provided for under this Act.

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Nothing in this Act shall be construed so as to interfere with the ability
of the Secretary or the lead agency to fulfill the responsibilities for
the safeguarding of Federal funds pursuant to the Single Audit Act of 1984.

141e0226614be752f6ede296f3b5897b85830019b34490077451d4448f6f0682

(a) PRELIMINARY REPORT- Not later than two years after the date of the
enactment of this Act, the Secretary shall submit a preliminary 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 statutory
barriers to the ability of tribal governments to integrate more effectively
their employment, training, and related services in a manner consistent
with the purposes of this Act.

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(a) REPORT- The Secretary, in consultation with the Secretary of Labor,
shall, in a consistent and reliable manner, develop, maintain and publish,
not less than biennially, a report on the population, by gender, eligible
for the services which the Secretary provides to Indian people. The report
shall include, but is not limited 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;
(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.
(b) INDIAN DEMOGRAPHIC INFORMATION- The Secretary, in consultation with the
Bureau of the Census of the Department of Commerce, and the National Center
for Native American Studies and Policy 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 Representatives not later than 12
months after the date of enactment of this Act.

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PROGRAMS.
Any State with an economic development program targeted to Indian tribes
shall be eligible 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.
Attest:
Clerk.

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Indian Employment, Training & Related Services bill — S. 1530

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