[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1279 Engrossed in Senate (ES)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
105th CONGRESS
  2d Session
                                S. 1279

_______________________________________________________________________

                                 AN ACT


 
     To amend the Indian Employment, Training and Related Services 
 Demonstration Act of 1992 to provide for the transfer of services and 
   personnel from the Bureau of Indian Affairs to the Office of Self-
     Governance, to emphasize the need for job creation on Indian 
                 reservations, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Indian Employment, Training and 
Related Services Demonstration Act Amendments of 1998''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) Indian tribes and Alaska Native organizations that have 
        participated in carrying out programs under the Indian 
        Employment, Training and Related Services Demonstration Act of 
        1992 (25 U.S.C. 3401 et seq.) have--
                    (A) improved the effectiveness of services provided 
                by those tribes and organizations;
                    (B) enabled more Indian people to secure 
                employment;
                    (C) assisted welfare recipients; and
                    (D) otherwise demonstrated the value of integrating 
                education, employment, and training services;
            (2) the initiative under the Indian Employment, Training 
        and Related Services Demonstration Act of 1992 should be 
        strengthened by ensuring that all programs that emphasize the 
        value of work may be included within a demonstration program of 
        an Indian tribe or Alaska Native organization;
            (3) the initiative under the Indian Employment, Training 
        and Related Services Demonstration Act of 1992 shares goals and 
        innovative approaches of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450 et seq.);
            (4) the programs referred to in paragraph (2) should be 
        implemented by the Office of Self-Governance of the Department 
        of the Interior, the unit within the Department of the Interior 
        responsible for carrying out self-governance programs under the 
        Indian Self-Determination and Education Assistance Act; and
            (5) the initiative under the Indian Employment, Training 
        and Related Services Demonstration Act of 1992 should have the 
        benefit of the support and attention of the officials of--
                    (A) the Department of the Interior; and
                    (B) other Federal agencies involved with 
                policymaking authority with respect to programs that 
                emphasize the value of work for American Indians and 
                Alaska Natives.

SEC. 3. AMENDMENTS TO THE INDIAN EMPLOYMENT, TRAINING AND RELATED 
              SERVICES DEMONSTRATION ACT OF 1992.

    (a) Definitions.--Section 3 of the Indian Employment, Training and 
Related Services Demonstration Act of 1992 (25 U.S.C. 3402) is 
amended--
            (1) by redesignating paragraphs (1) through (3) as 
        paragraphs (2) through (4), respectively; and
            (2) by inserting before paragraph (2) the following:
            ``(1) Federal agency.--The term `Federal agency' has the 
        same meaning given the term `agency' in section 551(1) of title 
        5, United States Code.''.
    (b) Programs Affected.--Section 5 of the Indian Employment, 
Training and Related Services Demonstration Act of 1992 (25 U.S.C. 
3404) is amended--
            (1) by inserting ``(a) In General.--'' before ``The 
        programs'';
            (2) in subsection (a), as designated by paragraph (1) of 
        this subsection, by striking ``employment opportunities, or 
        skill development'' and all that follows through the end of the 
        subsection, and inserting ``securing employment, retaining 
        employment, or creating employment opportunities and other 
        programs relating to the world of work.''; and
            (3) by adding at the end the following:
    ``(b) Programs.--The programs referred to in subsection (a) may 
include, at the option of an Indian tribe--
            ``(1) the program commonly referred to as the general 
        assistance program established under the Act of November 2, 
        1921 (commonly known as the `Snyder Act') (42 Stat. 208, 
        chapter 115; 25 U.S.C. 13); and
            ``(2) the program known as the Johnson-O'Malley Program 
        established under the Johnson-O'Malley Act (25 U.S.C. 452 
        through 457), if the applicable plan for the Indian tribe under 
        section 4 includes educational services for elementary and 
        secondary school students that familiarize those students with 
        the world of work.''.
    (c) Plan Review.--Section 7 of the Indian Employment, Training and 
Related Services Demonstration Act of 1992 (25 U.S.C. 3406) is 
amended--
            (1) by striking ``Federal department'' and inserting 
        ``Federal agency'';
            (2) by striking ``Federal departmental'' and inserting 
        ``Federal agency'';
            (3) by striking ``department'' each place it appears and 
        inserting ``agency''; and
            (4) in the third sentence, by inserting ``statutory 
        requirement,'' after ``to waive any''.
    (d) Plan Approval.--Section 8 of the Indian Employment, Training 
and Related Services Demonstration Act of 1992 (25 U.S.C. 3407) is 
amended--
            (1) in the first sentence, by inserting before the period 
        at the end the following: ``(including any request for a waiver 
        that is made as part of the plan submitted by the tribal 
        government)''; and
            (2) in the second sentence, by inserting before the period 
        at the end the following: ``, including reconsidering the 
        disapproval of any waiver requested by the Indian tribe''.
    (e) Job Creation Activities.--Section 9 of the Indian Employment, 
Training and Related Services Demonstration Act of 1992 (25 U.S.C. 
3408) is amended--
            (1) by inserting ``(a) In General.--'' before ``The plan 
        submitted''; and
            (2) by adding at the end the following:
    ``(b) Employment Opportunities.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, including any requirement of a program that is integrated 
        under a plan under this Act, a tribal government may use a 
        percentage of the funds made available under this Act (as 
        determined under paragraph (2)) for the creation of employment 
        opportunities, including providing private sector training 
        placement under section 10.
            ``(2) Determination of percentage.--The percentage of funds 
        that a tribal government may use under this subsection is the 
        greater of--
                    ``(A) the rate of unemployment in the area subject 
                to the jurisdiction of the tribal government; or
                    ``(B) 10 percent.
    ``(c) Limitation.--The funds used for an expenditure described in 
subsection (a) may only include funds made available to the Indian 
tribe by a Federal agency under a statutory or administrative 
formula.''.
    (f) Federal Responsibilities.--Section 11(a) of the Indian 
Employment, Training and Related Services Demonstration Act of 1992 (25 
U.S.C. 3410(a)) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``Bureau of Indian Affairs'' and inserting ``Office of Self-
        Governance'';
            (2) in paragraph (3), by striking ``and'' at the end;
            (3) in paragraph (4)--
                    (A) by inserting ``delivered under an arrangement 
                subject to the approval of the Indian tribe 
                participating in the project,'' after ``appropriate to 
                the project,''; and
                    (B) by striking the period and inserting ``; and''; 
                and
            (4) by adding at the end the following:
            ``(5) the convening by an appropriate official of the lead 
        agency (whose appointment is subject to the confirmation of the 
        Senate) and a representative of the Indian tribes that carry 
        out demonstration projects under this Act, in consultation with 
        each such Indian tribe, of a meeting not less than 2 times 
        during each fiscal year for the purpose of providing an 
        opportunity for all Indian tribes that carry out demonstration 
        projects under this Act to discuss issues relating to the 
        implementation of this Act with officials of each department 
        specified in subsection (a).''.
    (g) Additional Responsibilities.--In assuming the responsibilities 
for carrying out the duties of a lead agency under section 11(a) of the 
Indian Employment, Training and Related Services Demonstration Act of 
1992 (25 U.S.C. 3410(a)) pursuant to the amendments made to that 
section by subsection (f) of this section, the Director of the Office 
of Self-Governance of the Department of the Interior shall ensure that 
an orderly transfer of those lead agency functions to the Office occurs 
in such manner as to eliminate any potential adverse effects on any 
Indian tribe that participates in a demonstration project under the 
Indian Employment, Training and Related Services Demonstration Act of 
1992 (25 U.S.C. 3401 et seq.).
    (h) Personnel.--In carrying out the amendment made by subsection 
(f)(1), the Secretary of the Interior shall transfer from the Bureau of 
Indian Affairs to the Office of Self-Governance of the Department of 
the Interior such personnel and resources as the Secretary determines 
to be appropriate.

SEC. 4. CONSOLIDATED ADVISORY COMMITTEES.

    The Indian Employment, Training and Related Services Demonstration 
Act of 1992 (25 U.S.C. 3401 et seq.) is amended by adding at the end 
the following:

``SEC. 19. CONSOLIDATED ADVISORY COMMITTEE.

    ``(a) In General.--The head of each Federal agency specified in 
section 4 that otherwise has jurisdiction over a program that is 
integrated under this Act (in accordance with a plan under section 6) 
shall permit a tribal government that carries out that plan to 
establish a consolidated advisory committee to carry out the duties of 
each advisory committee that would otherwise be required under 
applicable law (including any council or commission relating to private 
industry) to carry out the programs integrated under the plan.
    ``(b) Waivers.--As necessary to carry out subsection (a), each 
agency head referred to in that paragraph shall waive any statutory 
requirement, regulation, or policy requiring the establishment of an 
advisory committee (including any advisory commission or council).''.

SEC. 5. ALASKA REGIONAL CONSORTIA.

    The Indian Employment, Training and Related Services Demonstration 
Act of 1992 (25 U.S.C. 3401 et seq.), as amended by section 4 of this 
Act, is amended by adding at the end the following:

``SEC. 20. ALASKA REGIONAL CONSORTIA.

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

SEC. 6. EFFECTIVE DATES.

    This Act and the amendments made by this Act shall take effect on 
the date of enactment of this Act, except that the transfer of 
functions to the Office of Self-Governance of the Department of the 
Interior under the amendment made by section 3(f)(1) shall be carried 
out not later than 90 days after the date of enactment of this Act.

            Passed the Senate June 18, 1998.

            Attest:

                                                             Secretary.
105th CONGRESS

  2d Session

                                S. 1279

_______________________________________________________________________

                                 AN ACT

     To amend the Indian Employment, Training and Related Services 
 Demonstration Act of 1992 to provide for the transfer of services and 
   personnel from the Bureau of Indian Affairs to the Office of Self-
     Governance, to emphasize the need for job creation on Indian 
                 reservations, and for other purposes.