[Senate Report 110-519]
[From the U.S. Government Publishing Office]
Calendar No. 1110
110th Congress Report
SENATE
2d Session 110-519
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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).
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By fiscal year in millions of dollars--
-----------------------------------------------------------------------------------------------------
2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2009-2013 2009-2018
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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
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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.