Indian Employment, Training and Related Services Demonstration Act Amendments of 1998

Summary: Indian Employment, Training and Related Services Demonstration Act Amendments of 1998 - Amends the Indian Employment, Training and Related Services Demonstration Act of 1992 to:  (1) revise requirements regarding affected programs to include programs for securing employment, retaining employment, or creating employment opportunities or other programs relating to employment and permits such programs to include, at the option of a tribe, the general assistance program established under the Snyder Act and the Johnson-O'Malley Program established under the Johnson-O'Malley Act, if a tribe's plan includes educational services that familiarize elementary and secondary school students with aspects of employment; (2) require the Secretary of the Interior to reconsider disapproval of any statutory waiver requested by a tribe; (3) authorize the use of a percentage of funds made available by a Federal agency under a statutory or administrative formula for the creation of employment opportunities; and (4) transfer Federal responsibility for demonstration programs under the Act from the Bureau of Indian Affairs (BIA) to the Office of Self-Governance (OSG) of the Department of the Interior and provide for the transfer of personnel and resources from BIA to OSG. 
Permits a regional consortium of Alaska Native villages or regional or village corporations to carry out a project under a plan that meets the Act's requirements through a resolution adopted by the governing body of that consortium or corporation.  Provides that such authorization shall not prohibit such a village or corporation from withdrawing from participation in any portion of a program.

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 American Indians to secure 
                employment;
                    (C) assisted welfare recipients who are American 
                Indians; 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 
        that is 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 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), as so redesignated 
        by paragraph (1) of this subsection, 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 or other 
        programs relating to employment.''; 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 
        aspects of employment.''.
    (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 
        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 
        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 funds 
        made available to an Indian tribe by a Federal agency under a 
        statutory or administrative formula 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.''.
    (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'';
            (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 with officials of each 
        department specified in subsection (a) issues relating to the 
        implementation of this Act.''.
    (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 a 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.
    (i) Deadline for Transfer of Functions.--The transfer of functions 
to the Office of Self-Governance of the Department of the Interior 
required by 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.

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 subsection 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.''.