II

Calendar No. 402

105TH CONGRESS

2D SESSION S. 1279

[Report No. 105–207]

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.

IN THE SENATE OF THE UNITED STATES

OCTOBER 9, 1997

Mr. CAMPBELL (for himself and Mr. MURKOWSKI) introduced the following

bill; which was read twice and referred to the Committee on Indian Affairs

JUNE 5, 1998

Reported by Mr. CAMPBELL, with an amendment

[Strike out all after the enacting clause and insert the part printed in italic]

A BILL

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.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Indian Employment,

5 Training and Related Services Demonstration Act Amend6 ments of 1997’’.

7 SEC. 2. FINDINGS.

8 Congress finds that—

9 (1) Indian tribes and Alaska Native organiza10 tions that have participated in carrying out pro11 grams under the Indian Employment, Training and

12 Related Services Demonstration Act of 1992 (25

13 U.S.C. 3401 et seq.) have—

14 (A) improved the effectiveness of services

15 provided by those tribes and organizations;

16 (B) enabled more Indian people to secure

17 employment;

18 (C) assisted welfare recipients; and

19 (D) otherwise demonstrated the value of

20 integrating education, employment, and train21 ing services.

22 (2) The initiative under the Indian Employ23 ment, Training and Related Services Demonstration

24 Act of 1992 should be strengthened by ensuring that

25 all programs that emphasize the value of work may
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1 be included within a demonstration program of an

2 Indian tribe or Alaska Native organization.

3 (3) The initiative under the Indian Employ4 ment, Training and Related Services Demonstration

5 Act of 1992 shares goals and innovative approaches

6 of the Indian Self-Determination and Education As7 sistance Act (25 U.S.C. 450 et seq.).

8 (4) The programs referred to in paragraph (2)

9 should be implemented by the unit within the De10 partment of the Interior responsible for carrying out

11 the Indian Employment, Training and Related Serv12 ices Demonstration Act of 1992.

13 (5) The initiative under the Indian Employ14 ment, Training and Related Services Demonstration

15 Act of 1992 should have the benefit of the support

16 and attention of the officials of—

17 (A) the Department of the Interior; and

18 (B) other Federal agencies involved with

19 policymaking authority with respect to pro20 grams that emphasize the value of work for

21 American Indians and Alaska Natives.
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1 SEC. 3. AMENDMENTS TO THE INDIAN EMPLOYMENT,

2 TRAINING AND RELATED SERVICES DEM3 ONSTRATION ACT OF 1992.

4 (a) DEFINITIONS.—Section 3 of the Indian Employ5 ment, Training and Related Services Demonstration Act

6 of 1992 (25 U.S.C. 3402) is amended—

7 (1) by redesignating paragraphs (1) through

8 (3) as paragraphs (2) through (4), respectively; and

9 (2) by inserting before paragraph (2) the fol10 lowing:

11 ‘‘(1) FEDERAL AGENCY.—The term ‘Federal

12 agency’ has the same meaning given the term ‘agen13 cy’ in section 551(1) of title 5, United States

14 Code.’’.

15 (b) PROGRAMS AFFECTED.—Section 5 of the Indian

16 Employment, Training and Related Services Demonstra17 tion Act of 1992 (25 U.S.C. 3404) is amended by striking

18 ‘‘employment opportunities, or skill development’’ and all

19 that follows through the end of the section, and inserting

20 ‘‘securing employment, retaining employment, or creating

21 employment opportunities. The programs referred to in

22 the preceding sentence may include the program com23 monly referred to as the general assistance program estab24 lished under the Act of November 2, 1921 (commonly

25 known as the ‘Snyder Act’) (42 Stat. 208, chapter 115;

26 25 U.S.C. 13) and the program known as the Johnson-
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1 O’Malley Program established under the Johnson2 O’Malley Act (25 U.S.C. 452 through 457).’’.

3 (c) PLAN REVIEW.—Section 7 of the Indian Employ4 ment, Training and Related Services Demonstration Act

5 of 1992 (25 U.S.C. 3406) is amended—

6 (1) by striking ‘‘Federal department’’ both

7 places it appears and inserting ‘‘Federal agency’’;

8 (2) by striking ‘‘Federal departmental’’ and in9 serting ‘‘Federal agency’’;

10 (3) by striking ‘‘department’’ each place it ap11 pears and inserting ‘‘agency’’; and

12 (4) in the third sentence, by inserting ‘‘statu13 tory requirement,’’ after ‘‘to waive any’’.

14 (d) PLAN APPROVAL.—The second sentence of sec15 tion 8 of the Indian Employment, Training and Related

16 Services Demonstration Act of 1992 (25 U.S.C. 3407) is

17 amended by inserting before the period at the end the fol18 lowing: ‘‘, including reconsidering the disapproval of any

19 waiver requested by the Indian tribe’’.

20 (e) JOB CREATION ACTIVITIES.—Section 9 of the In21 dian Employment, Training and Related Services Dem22 onstration Act of 1992 (25 U.S.C. 3408) is amended—

23 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

24 ‘‘The plan submitted’’;
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1 (2) by striking ‘‘if such expenditures’’ and all

2 that follows through the end of subsection (a) (as re3 designated by paragraph (1) of this subsection); and

4 (3) by adding at the end the following:

5 ‘‘(b) LIMITATION.—The funds used for an expendi6 ture described in subsection (a) may only include funds

7 made available to the Indian tribe by a Federal agency

8 under a statutory or administrative formula.’’.

9 (f) PRIVATE SECTOR TRAINING PLACEMENTS.—Sec10 tion 11(a) of the Indian Employment, Training and Relat11 ed Services Demonstration Act of 1992 (25 U.S.C.

12 3410(a)) is amended—

13 (1) in the matter preceding paragraph (1), by

14 striking ‘‘Bureau of Indian Affairs’’ and inserting

15 ‘‘Office of Self-Governance of the Department of the

16 Interior’’;

17 (2) in paragraph (4)—

18 (A) by inserting ‘‘delivered under an ar19 rangement subject to the approval of the Indian

20 tribe participating in the project,’’ after ‘‘appro21 priate to the project,’’; and

22 (B) by striking the period and inserting ‘‘;

23 and’’; and

24 (3) by adding at the end the following:
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1 ‘‘(5) the convening by an appropriate official of

2 the lead agency (whose appointment is subject to the

3 confirmation of the Senate) and a representative of

4 the Indian tribes that carry out demonstration

5 projects under this Act, in consultation with each

6 such Indian tribe, of a meeting not less than 2 times

7 during each fiscal year for the purpose of providing

8 an opportunity for all Indian tribes that carry out

9 demonstration projects under this Act to discuss

10 issues relating to the implementation of this Act

11 with officials of each department specified in sub12 section (a).’’.

13 (g) PERSONNEL.—In carrying out the amendment

14 made by subsection (f)(1), the Secretary of the Interior

15 shall transfer from the Bureau of Indian Affairs to the

16 Office of Self-Governance of the Department of the Inte17 rior such personnel and resources as the Secretary deter18 mines to be appropriate.

19 SECTION 1. SHORT TITLE.

20 This Act may be cited as the ‘‘Indian Employment,

21 Training and Related Services Demonstration Act Amend22 ments of 1998’’.

23 SEC. 2. FINDINGS.

24 Congress finds that—
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1 (1) Indian tribes and Alaska Native organiza2 tions that have participated in carrying out pro3 grams under the Indian Employment, Training and

4 Related Services Demonstration Act of 1992 (25

5 U.S.C. 3401 et seq.) have—

6 (A) improved the effectiveness of services

7 provided by those tribes and organizations;

8 (B) enabled more Indian people to secure

9 employment;

10 (C) assisted welfare recipients; and

11 (D) otherwise demonstrated the value of in12 tegrating education, employment, and training

13 services;

14 (2) the initiative under the Indian Employment,

15 Training and Related Services Demonstration Act of

16 1992 should be strengthened by ensuring that all pro17 grams that emphasize the value of work may be in18 cluded within a demonstration program of an Indian

19 tribe or Alaska Native organization;

20 (3) the initiative under the Indian Employment,

21 Training and Related Services Demonstration Act of

22 1992 shares goals and innovative approaches of the

23 Indian Self-Determination and Education Assistance

24 Act (25 U.S.C. 450 et seq.);
9

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1 (4) the programs referred to in paragraph (2)

2 should be implemented by the Office of Self-Govern3 ance of the Department of the Interior, the unit with4 in the Department of the Interior responsible for car5 rying out self-governance programs under the Indian

6 Self-Determination and Education Assistance Act;

7 and

8 (5) the initiative under the Indian Employment,

9 Training and Related Services Demonstration Act of

10 1992 should have the benefit of the support and atten11 tion of the officials of—

12 (A) the Department of the Interior; and

13 (B) other Federal agencies involved with

14 policymaking authority with respect to programs

15 that emphasize the value of work for American

16 Indians and Alaska Natives.

17 SEC. 3. AMENDMENTS TO THE INDIAN EMPLOYMENT,

18 TRAINING AND RELATED SERVICES DEM19 ONSTRATION ACT OF 1992.

20 (a) DEFINITIONS.—Section 3 of the Indian Employ21 ment, Training and Related Services Demonstration Act of

22 1992 (25 U.S.C. 3402) is amended—

23 (1) by redesignating paragraphs (1) through (3)

24 as paragraphs (2) through (4), respectively; and
10

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1 (2) by inserting before paragraph (2) the follow2 ing:

3 ‘‘(1) FEDERAL AGENCY.—The term ‘Federal

4 agency’ has the same meaning given the term ‘agency’

5 in section 551(1) of title 5, United States Code.’’.

6 (b) PROGRAMS AFFECTED.—Section 5 of the Indian

7 Employment, Training and Related Services Demonstra8 tion Act of 1992 (25 U.S.C. 3404) is amended—

9 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

10 ‘‘The programs’’;

11 (2) in subsection (a), as designated by para12 graph (1) of this subsection, by striking ‘‘employment

13 opportunities, or skill development’’ and all that fol14 lows through the end of the subsection, and inserting

15 ‘‘securing employment, retaining employment, or cre16 ating employment opportunities and other programs

17 relating to the world of work.’’; and

18 (3) by adding at the end the following:

19 ‘‘(b) PROGRAMS.—The programs referred to in sub20 section (a) may include, at the option of an Indian tribe—

21 ‘‘(1) the program commonly referred to as the

22 general assistance program established under the Act

23 of November 2, 1921 (commonly known as the ‘Sny24 der Act’) (42 Stat. 208, chapter 115; 25 U.S.C. 13);

25 and
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1 ‘‘(2) the program known as the Johnson2 O’Malley Program established under the Johnson3 O’Malley Act (25 U.S.C. 452 through 457), if the ap4 plicable plan for the Indian tribe under section 4 in5 cludes educational services for elementary and second6 ary school students that familiarize those students

7 with the world of work.’’.

8 (c) PLAN REVIEW.—Section 7 of the Indian Employ9 ment, Training and Related Services Demonstration Act of

10 1992 (25 U.S.C. 3406) is amended—

11 (1) by striking ‘‘Federal department’’ and insert12 ing ‘‘Federal agency’’;

13 (2) by striking ‘‘Federal departmental’’ and in14 serting ‘‘Federal agency’’;

15 (3) by striking ‘‘department’’ each place it ap16 pears and inserting ‘‘agency’’; and

17 (4) in the third sentence, by inserting ‘‘statutory

18 requirement,’’ after ‘‘to waive any’’.

19 (d) PLAN APPROVAL.—Section 8 of the Indian Em20 ployment, Training and Related Services Demonstration

21 Act of 1992 (25 U.S.C. 3407) is amended—

22 (1) in the first sentence, by inserting before the

23 period at the end the following: ‘‘(including any re24 quest for a waiver that is made as part of the plan

25 submitted by the tribal government)’’; and
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1 (2) in the second sentence, by inserting before the

2 period at the end the following: ‘‘, including reconsid3 ering the disapproval of any waiver requested by the

4 Indian tribe’’.

5 (e) JOB CREATION ACTIVITIES.—Section 9 of the In6 dian Employment, Training and Related Services Dem7 onstration Act of 1992 (25 U.S.C. 3408) is amended—

8 (1) by inserting ‘‘(a) IN GENERAL.—’’ before

9 ‘‘The plan submitted’’; and

10 (2) by adding at the end the following:

11 ‘‘(b) EMPLOYMENT OPPORTUNITIES.—

12 ‘‘(1) IN GENERAL.—Notwithstanding any other

13 provision of law, including any requirement of a pro14 gram that is integrated under a plan under this Act,

15 a tribal government may use a percentage of the

16 funds made available under this Act (as determined

17 under paragraph (2)) for the creation of employment

18 opportunities, including providing private sector

19 training placement under section 10.

20 ‘‘(2) DETERMINATION OF PERCENTAGE.—The

21 percentage of funds that a tribal government may use

22 under this subsection is the greater of—

23 ‘‘(A) the rate of unemployment in the area

24 subject to the jurisdiction of the tribal govern25 ment; or
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1 ‘‘(B) 10 percent.

2 ‘‘(c) LIMITATION.—The funds used for an expenditure

3 described in subsection (a) may only include funds made

4 available to the Indian tribe by a Federal agency under

5 a statutory or administrative formula.’’.

6 (f) FEDERAL RESPONSIBILITIES.—Section 11(a) of the

7 Indian Employment, Training and Related Services Dem8 onstration Act of 1992 (25 U.S.C. 3410(a)) is amended—

9 (1) in the matter preceding paragraph (1), by

10 striking ‘‘Bureau of Indian Affairs’’ and inserting

11 ‘‘Office of Self-Governance’’;

12 (2) in paragraph (3), by striking ‘‘and’’ at the

13 end;

14 (3) in paragraph (4)—

15 (A) by inserting ‘‘delivered under an ar16 rangement subject to the approval of the Indian

17 tribe participating in the project,’’ after ‘‘appro18 priate to the project,’’; and

19 (B) by striking the period and inserting ‘‘;

20 and’’; and

21 (4) by adding at the end the following:

22 ‘‘(5) the convening by an appropriate official of

23 the lead agency (whose appointment is subject to the

24 confirmation of the Senate) and a representative of

25 the Indian tribes that carry out demonstration
14

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1 projects under this Act, in consultation with each

2 such Indian tribe, of a meeting not less than 2 times

3 during each fiscal year for the purpose of providing

4 an opportunity for all Indian tribes that carry out

5 demonstration projects under this Act to discuss

6 issues relating to the implementation of this Act with

7 officials of each department specified in subsection

8 (a).’’.

9 (g) ADDITIONAL RESPONSIBILITIES.—In assuming the

10 responsibilities for carrying out the duties of a lead agency

11 under section 11(a) of the Indian Employment, Training

12 and Related Services Demonstration Act of 1992 (25 U.S.C.

13 3410(a)) pursuant to the amendments made to that section

14 by subsection (f) of this section, the Director of the Office

15 of Self-Governance of the Department of the Interior shall

16 ensure that an orderly transfer of those lead agency func17 tions to the Office occurs in such manner as to eliminate

18 any potential adverse effects on any Indian tribe that par19 ticipates in a demonstration project under the Indian Em20 ployment, Training and Related Services Demonstration

21 Act of 1992 (25 U.S.C. 3401 et seq.).

22 (h) PERSONNEL.—In carrying out the amendment

23 made by subsection (f)(1), the Secretary of the Interior shall

24 transfer from the Bureau of Indian Affairs to the Office

25 of Self-Governance of the Department of the Interior such
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1 personnel and resources as the Secretary determines to be

2 appropriate.

3 SEC. 4. CONSOLIDATED ADVISORY COMMITTEES.

4 The Indian Employment, Training and Related Serv5 ices Demonstration Act of 1992 (25 U.S.C. 3401 et seq.)

6 is amended by adding at the end the following:

7 ‘‘SEC. 19. CONSOLIDATED ADVISORY COMMITTEE.

8 ‘‘(a) IN GENERAL.—The head of each Federal agency

9 specified in section 4 that otherwise has jurisdiction over

10 a program that is integrated under this Act (in accordance

11 with a plan under section 6) shall permit a tribal govern12 ment that carries out that plan to establish a consolidated

13 advisory committee to carry out the duties of each advisory

14 committee that would otherwise be required under applica15 ble law (including any council or commission relating to

16 private industry) to carry out the programs integrated

17 under the plan.

18 ‘‘(b) WAIVERS.—As necessary to carry out subsection

19 (a), each agency head referred to in that paragraph shall

20 waive any statutory requirement, regulation, or policy re21 quiring the establishment of an advisory committee (includ22 ing any advisory commission or council).’’.

23 SEC. 5. ALASKA REGIONAL CONSORTIA.

24 The Indian Employment, Training and Related Serv25 ices Demonstration Act of 1992 (25 U.S.C. 3401 et seq.),
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1 as amended by section 4 of this Act, is amended by adding

2 at the end the following:

3 ‘‘SEC. 20. ALASKA REGIONAL CONSORTIA.

4 ‘‘(a) IN GENERAL.—Notwithstanding any other provi5 sion of law, subject to subsection (b), the Secretary shall

6 permit a regional consortium of Alaska Native villages or

7 regional or village corporations (as defined in or established

8 under the Alaska Native Claims Settlement Act (43 U.S.C.

9 1601 et seq.)) to carry out a project under a plan that meets

10 the requirements of this Act through a resolution adopted

11 by the governing body of that consortium or corporation.

12 ‘‘(b) WITHDRAWAL.—Nothing in subsection (a) is in13 tended to prohibit an Alaska Native village or regional or

14 village corporation from withdrawing from participation

15 in any portion of a program conducted pursuant to that

16 subsection.’’.

17 SEC. 6. EFFECTIVE DATES.

18 This Act and the amendments made by this Act shall

19 take effect on the date of enactment of this Act, except that

20 the transfer of functions to the Office of Self-Governance of

21 the Department of the Interior under the amendment made

22 by section 3(f)(1) shall be carried out not later than 90 days

23 after the date of enactment of this Act.

Calendar No. 402

105TH CONGRESS

2D SESSION S. 1279

[Report No. 105–207]

A BILL

To amend the Indian Employment, Training and

purposes.creation on Indian reservations, and for otherof Self-Governance, to emphasize the need for jobfrom the Bureau of Indian Affairs to the Officeprovide for the transfer of services and personnelRelated Services Demonstration Act of 1992 to

JUNE 5, 1998

Reported with an amendment