II

105TH CONGRESS

1ST SESSION 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.

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

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.

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’’.
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1 SEC. 2. FINDINGS.

2 Congress finds that—

3 (1) Indian tribes and Alaska Native organiza4 tions that have participated in carrying out pro5 grams under the Indian Employment, Training and

6 Related Services Demonstration Act of 1992 (25

7 U.S.C. 3401 et seq.) have—

8 (A) improved the effectiveness of services

9 provided by those tribes and organizations;

10 (B) enabled more Indian people to secure

11 employment;

12 (C) assisted welfare recipients; and

13 (D) otherwise demonstrated the value of

14 integrating education, employment, and train15 ing services.

16 (2) The initiative under the Indian Employ17 ment, Training and Related Services Demonstration

18 Act of 1992 should be strengthened by ensuring that

19 all programs that emphasize the value of work may

20 be included within a demonstration program of an

21 Indian tribe or Alaska Native organization.

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

24 Act of 1992 shares goals and innovative approaches

25 of the Indian Self-Determination and Education As26 sistance Act (25 U.S.C. 450 et seq.).
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1 (4) The programs referred to in paragraph (2)

2 should be implemented by the unit within the De3 partment of the Interior responsible for carrying out

4 the Indian Employment, Training and Related Serv5 ices Demonstration Act of 1992.

6 (5) The initiative under the Indian Employ7 ment, Training and Related Services Demonstration

8 Act of 1992 should have the benefit of the support

9 and attention of the officials of—

10 (A) the Department of the Interior; and

11 (B) other Federal agencies involved with

12 policymaking authority with respect to pro13 grams that emphasize the value of work for

14 American Indians and Alaska Natives.

15 SEC. 3. AMENDMENTS TO THE INDIAN EMPLOYMENT,

16 TRAINING AND RELATED SERVICES DEM17 ONSTRATION ACT OF 1992.

18 (a) DEFINITIONS.—Section 3 of the Indian Employ19 ment, Training and Related Services Demonstration Act

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

21 (1) by redesignating paragraphs (1) through

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

23 (2) by inserting before paragraph (2) the fol24 lowing:
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1 ‘‘(1) FEDERAL AGENCY.—The term ‘Federal

2 agency’ has the same meaning given the term ‘agen3 cy’ in section 551(1) of title 5, United States

4 Code.’’.

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

6 Employment, Training and Related Services Demonstra7 tion Act of 1992 (25 U.S.C. 3404) is amended by striking

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

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

10 ‘‘securing employment, retaining employment, or creating

11 employment opportunities. The programs referred to in

12 the preceding sentence may include the program com13 monly referred to as the general assistance program estab14 lished under the Act of November 2, 1921 (commonly

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

16 25 U.S.C. 13) and the program known as the Johnson17 O’Malley Program established under the Johnson18 O’Malley Act (25 U.S.C. 452 through 457).’’.

19 (c) PLAN REVIEW.—Section 7 of the Indian Employ20 ment, Training and Related Services Demonstration Act

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

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

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

24 (2) by striking ‘‘Federal departmental’’ and in25 serting ‘‘Federal agency’’;
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1 (3) by striking ‘‘department’’ each place it ap2 pears and inserting ‘‘agency’’; and

3 (4) in the third sentence, by inserting ‘‘statu4 tory requirement,’’ after ‘‘to waive any’’.

5 (d) PLAN APPROVAL.—The second sentence of sec6 tion 8 of the Indian Employment, Training and Related

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

8 amended by inserting before the period at the end the fol9 lowing: ‘‘, including reconsidering the disapproval of any

10 waiver requested by the Indian tribe’’.

11 (e) JOB CREATION ACTIVITIES.—Section 9 of the In12 dian Employment, Training and Related Services Dem13 onstration Act of 1992 (25 U.S.C. 3408) is amended—

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

15 ‘‘The plan submitted’’;

16 (2) by striking ‘‘if such expenditures’’ and all

17 that follows through the end of subsection (a) (as re18 designated by paragraph (1) of this subsection); and

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

20 ‘‘(b) LIMITATION.—The funds used for an expendi21 ture described in subsection (a) may only include funds

22 made available to the Indian tribe by a Federal agency

23 under a statutory or administrative formula.’’.

24 (f) PRIVATE SECTOR TRAINING PLACEMENTS.—Sec25 tion 11(a) of the Indian Employment, Training and Relat-
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1 ed Services Demonstration Act of 1992 (25 U.S.C.

2 3410(a)) is amended—

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

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

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

6 Interior’’;

7 (2) in paragraph (4)—

8 (A) by inserting ‘‘delivered under an ar9 rangement subject to the approval of the Indian

10 tribe participating in the project,’’ after ‘‘appro11 priate to the project,’’; and

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

13 and’’; and

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

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

16 the lead agency (whose appointment is subject to the

17 confirmation of the Senate) and a representative of

18 the Indian tribes that carry out demonstration

19 projects under this Act, in consultation with each

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

21 during each fiscal year for the purpose of providing

22 an opportunity for all Indian tribes that carry out

23 demonstration projects under this Act to discuss is24 sues relating to the implementation of this Act with
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1 officials of each department specified in subsection

2 (a).’’.

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

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

5 shall transfer from the Bureau of Indian Affairs to the

6 Office of Self-Governance of the Department of the Inte7 rior such personnel and resources as the Secretary deter8 mines to be appropriate.

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