[Congressional Record Volume 144, Number 80 (Thursday, June 18, 1998)]
[Senate]
[Pages S6638-S6639]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  INDIAN EMPLOYMENT, TRAINING AND RELATED SERVICES DEMONSTRATION ACT 
                           AMENDMENTS OF 1998

  Mr. COCHRAN. Mr. President, I ask unanimous consent that the Senate 
now proceed to the consideration of calendar No. 402, S. 1279.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The clerk will report.
  The assistant legislative clerk read as follows:

       A bill (S. 1279) 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.

  The PRESIDING OFFICER. Is there objection to the consideration of the 
bill?
  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Indian Affairs, with an 
amendment to strike all after the enacting clause and inserting in lieu 
thereof the following:

     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

[[Page S6639]]

     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.

  Mr. COCHRAN. Mr. President, I ask unanimous consent that the 
committee substitute be agreed to, the bill be considered read the 
third time, and passed, the motion to reconsider be laid upon the 
table, and that any statements relating to the bill appear at this 
point in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment was agreed to.
  The bill (S. 1279), as amended, was considered read the third time, 
and passed.

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