[Senate Report 107-248]
[From the U.S. Government Publishing Office]
Calendar No. 557
107th Congress Report
SENATE
2d Session 107-248
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NATIVE AMERICAN COMMERCIAL DRIVING TRAINING AND TECHNICAL ASSISTANCE
ACT
_______
August 28, 2002.--Ordered to be printed
Filed under authority of the order of the Senate of July 29, 2002
_______
Mr. Inouye, from the Committee on Indian Affairs, submitted the
following
R E P O R T
[To accompany S. 1344]
The Committee on Indian Affairs, to which was referred the
bill (S. 1344) the Native American Commercial Driving Training
and Technical Assistance Act (hereinafter ``the Act''), a bill
to authorize the Department of Labor to award competitive
grants to Indian Tribal Colleges and Universities to support
and promote commercial vehicle driving training programs, and
for other purposes, having considered the same, reports
favorably thereon with an amendment in the nature of a
substitute and recommends that the bill as amended do pass.
Purpose
The purpose of S. 1344 is to direct the Secretary of Labor
to award competitive grants to Indian Tribal Colleges and
Universities to support and promote commercial vehicle driving
training programs in order to assist in creating an employment
training regime that is oriented to the actual demands of the
labor market.
Background
Despite a national unemployment rate of 5.6%, the jobless
rate in Native American communities hovers around 50%, with
some Indian economies experiencing jobless rates near 80%.
These rates are more than twice that of the national
unemployment rate in the Great Depression of the 1930's.
Despite recent successes some Indian tribes have had with
gaming, energy and natural resource development and other
initiatives, most Indian tribes still suffer a lack of jobs,
high unemployment, intense poverty and a lack of physical
infrastructure.
Given the near-complete absence of private sector
enterprises in Native communities, nearly one in three American
Indians and Alaska Natives, or 31.2%, lives in poverty. The
earning capacity of Native communities also lags behind that of
other Americans. For every $100 earned by the average American
family, an Indian family earns $62. Additionally, the average
annual per capita income for Indians is $8,284, far less then
that for other Americans.
In reservation areas with high poverty and unemployment
rates, the majority of Native American communities lack private
sector employment opportunities. At the same time, employment
training, skills development, and related services are
increasingly being tailored to the demands of the job market
and with an eye toward assisting Native people develop the
skills necessary to enter into the modern marketplace.
In recent years Indian Tribal Colleges and Universities
(ITCUs) have assumed greater roles in the education and
vocational training of Native people. Recognizing the role that
ITCUs play in Native education, on July 3, 2002, President Bush
issued Executive Order 13270, which states that:
[tribal colleges are both integral and essential to
their communities . . . Tribal colleges provide crucial
services in communities that continue to suffer high
rates of unemployment and the resulting social and
economic distress.
One area in the labor force where the current demand for
skilled employees exceeds the supply is the American trucking
industry. According to the U.S. Department of Transportation
(DoT), there are currently 3 million truck drivers in the
United States, yet between 10 percent and 20 percent of the
Nation's trucks sit idle to a lack of qualified drivers. The
DoT estimates that from 200,000 to 500,000 new, qualified
drivers will be needed in the immediate future.
The Native American Commercial Driving Training and
Technical Assistance Act (S. 1344) provides additional
resources to ITCUs to develop and promote commercial vehicle
training programs and provide Native Americans with increased
opportunities in the trucking industry. Two ITCUs, D-Q
University in the State of California and Fort Peck Community
College in the State of Montana, offer commercial vehicle
driving programs. The grant program authorized in this bill is
designed to encourage additional ITCUs to develop commercial
driving training programs.
Section-by-Section Analysis
As introduced, S. 1344 authorizes the Department of Labor
to award four grants to Tribally Controlled Community Colleges
and Universities to support commercial vehicle (tractor-trailer
truck) driving training programs. A section-by-section
description of the changes contained in the substitute
amendment follows:
Summary of Substitute to S. 1344
Section 1. Short title
This Act may be cited as the ``Native American Commercial
Driving Training and Technical Assistance Act''.
Section 2. Findings and purposes
Congress finds that there are high rates of unemployment,
poverty, poor health, and associated social problems in Native
communities; that the United States has an obligation to assist
Indian tribes in building their economies; that two Indians
tribal Colleges offer commercial vehicle driving programs; that
there is and will be a shortage of trucking positions; and that
a truck driving career is a well-paying profession. The
purposes of this Act are to promote job creation for Native
Americans and to provide training and technical assistance to
Native Americans who are interested in a commercial driving
career.
Section 3. Definition
Terms defined in this section include ``Commercial Vehicle
Driving'', ``Indian Tribe'', ``Native American'' and others.
The term ``Tribal college'' which appears in section 4, has
been changed to reflect the definition contained in the Higher
Education Act of 1965, 20 U.S.C. 1059(b)(3).
Section 4. Commercial Vehicle Driving Training Program
The Secretary of Labor may award competitive grants to
eligible Indian Tribal Colleges and Universities to provide
training and certification of commercial vehicle driving and
other vehicles that require a commercial drivers license. In
addition, the Secretary will give priority to grant
applications that propose an ``education partnership'' with
either a private trucking firm, trucking association, or
similar entity in order to ensure the effectiveness of this
grant program.
Legislative History
The Native American Commercial Driving Training and
Technical Assistance Act (S. 1344) was introduced on August 2,
2001 by Senator Campbell, and was referred to the Committee on
Indian Affairs. A hearing was held on the bill on July 24,
2002, and on July 30, 2002, the Committee convened a business
meeting to consider S. 1344 and other measures that had been
referred to it. On that date the Committee, in open business
session, favorably reported a substitute amendment to S. 1344.
Committee Recommendation and Tabulation of Vote
On July 30, 2002, the Committee on Indian Affairs, in an
open business session, adopted an amendment in the nature of a
substitute to S. 1344 by voice vote and ordered the bill, as
amended, reported favorably to the Senate.
Cost and Budgetary Consideration
The cost estimate for S. 1344 as calculated by the
Congressional Budget Office, is set forth below:
U.S. Congress,
Congressional Budget Office,
Washington, DC, August 23, 2002.
Hon. Daniel K. Inouye,
Chairman, Committee on Indian Affairs, U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1344, the Native
American Commercial Driving Training and Technical Assistance
Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contacts are Christina
Hawley Sadoti (for federal costs), and Marjorie Miller (for the
state, local, and tribal impact).
Sincerely,
Barry B. Anderson
(For Dan L. Crippen, Director).
Enclosure.
S. 1344--Native American Commercial Driving Training and Technical
Assistance Act
Summary: S. 1344 would authorize grants to tribal colleges
and universities for programs to train Native Americans to
drive commercial vehicles. CBO estimates the new provisions
would cost about $10 million over the 2003-2007 period,
assuming appropriation of the necessary amounts. This bill
would not affect direct spending or revenues; therefore, pay-
as-you-go procedures would not apply.
S. 1344 contains no new intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA),
and would impose no costs to state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 1344 is shown in the following table.
The cost of this legislation falls within budget function 500
(education, training, employment, and social services).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
--------------------------------------------
2003 2004 2005 2006 2007
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Commercial Vehicle Driving Training Program:
Estimated Budget Authority..................................... 2 2 2 2 2
Estimated Outlays.............................................. 1 2 2 2 2
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that S.
1344 will be enacted by September 30, 2002, and that the
estimated amounts will be appropriated for each year. Outlays
are based on historical spending patterns for similar programs.
S. 1344 would authorize competitive grants to tribal
colleges and universities to provide training for driving
commercial vehicles. The bill would authorize the appropriation
of such sums as may be necessary for this purpose. Based on the
average costs of similar training programs, CBO estimates that
such programs would cost about $2 million per year, resulting
in additional outlays of about $10 million over fiscal years
2003 through 2007.
Pay-as-you-go considerations: None.
Intergovernmental and private-sector impact: S. 1344
contains no intergovernmental or private-sector mandates as
defined in UMRA, and would impose no costs on state, local, or
tribal governments.
Estimate prepared by: Federal Spending: Christina Hawley
Sadoti; Impact on State, Local, and Tribal Governments:
Marjorie Miller; Impact on the Private Sector: Cecil McPherson.
Estimate approved by: Robert A. Sunshine, Assistant
Director for Budget Analysis.
Regulatory 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 paperwork impact that would be incurred in
implementing the legislation. The Committee has concluded that
enactment of S. 1344 will create only de minimis regulatory or
paperwork burdens.
Executive Communications
The Committee has received no official communication from
the Administration on the provisions of the bill.
Changes in Existing Law
In compliance with subsection 12 of rule XXVI of the
Standing Rules of the Senate, the Committee states that the
enactment of S. 1344 will result in the following changes in 25
U.S.C. Sec. 3409 et seq., with existing language which is to be
deleted in black brackets and the new language to be added in
italic:
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
Short Title.--This Act may be cited as the ``Native
American Commercial Driving Training and Technical Assistance
Act''.
Findings and Purpose.--
(A) Findings.--Congress finds that--
(i) despite the availability of abundant
natural resources on land under the
jurisdiction of Indian Tribes and the existence
of a rich cultural legacy that accords great
value to self-determination, self-reliance, and
independence, Native Americans suffer higher
rates of unemployment, poverty, poor health,
substandard housing, and associated social
problems than any other group in the United
States;
(ii) the United States has an obligation to
assist Native American communities in the
establishment of appropriate economic and
political conditions;
(iii) the economic success and material well-
being of Indian communities depend on the
combined efforts of the Federal Government,
tribal governments, the private sector, and
individuals;
(iv) commercial vehicle driving programs are
currently offered at several tribal colleges
and universities;
(v) the American Trucking Association reports
that at least until 2005, the trucking industry
will need to hire 403,000 truck drivers each
year to fill vacant positions;
(vi) according to the Federal Government
Occupational Handbook, the commercial vehicle
driving industry is expected to expand at the
average rate of expansion for all occupations
through the year 2008 because of economic
growth and an increase in the quantity of
freight carried by trucks; and
(vii) a career in commercial vehicle driving
offers a competitive salary, employment
benefits, job security, and a profession.
(B) Purpose.--The purposes of this Act are--
(i) to foster and promote job creation and
economic opportunities for Native Americans;
and
(ii) to provide education, technical, and
training assistance to Native Americans who are
interested in commercial vehicle driving
careers.
* * * * * * *
25 U.S.C. 3409
(a) In General._A tribal government participating in a
demonstration program under this chapter 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.
(b) Definitions.--In this act:
(1) Commercial vehicle driving.--The term
``commercial vehicle driving'' means the driving of--
(A) a vehicle that is a tractor-trailer
truck;
Or
(B) any other vehicle (such as a bus or a
vehicle used for the purpose of construction)
the driving of which requires a commercial
license.
(2) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act of (25
U.S.C. 450b).
(3) Native american.--The term ``Native American''
means an individual who is a member of--
(A) an Indian tribe; or
(B) any people or culture that is indigenous
to the United States, as determined by the
Secretary.
(4) Secretary.--The term ``Secretary'' means the
Secretary of Labor.
(c) Commercial Vehicle Driving Training Program.--
(1) Grants.--The Secretary may provide grants, on a
competitive basis, to entities described in subsection
(b) to support programs providing training and
certificates leading to the licensing of Native
Americans with respect to commercial vehicle driving.
(2) Eligibility.--To be eligible to receive a grant
under subsection (a), an entity shall--
(A) be a tribal college or university (as
defined in section 316(b)(3) of the Higher
Education Act (20 U.S.C. 1059(b)(3))); and
(B) prepare and submit to the Secretary an
application at such time, in such manner, and
containing such information as the Secretary
may require.
(d) Priority.--In providing grants under subsection (a),
the Secretary shall give priority to grant applications that--
(1) propose training that exceeds proposed minimum
standards for training tractor-trailer drivers of the
Department of Transportation;
(2) propose training that exceeds the entry level
truck driver certification standards set by the
Professional Truck Driver Institute; and
(3) propose an education partnership with a private
trucking firm, trucking association, or similar entity
in order to ensure the effectiveness of the grant
program under this section.
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out this
Act.