[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1574 Reported in Senate (RS)]

                                                       Calendar No. 535
113th CONGRESS
  2d Session
                                S. 1574

     To amend the Indian Employment, Training and Related Services 
Demonstration Act of 1992 to facilitate the ability of Indian tribes to 
 integrate the employment, training, and related services from diverse 
                Federal sources, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 16, 2013

  Ms. Murkowski (for herself and Mr. Begich) introduced the following 
  bill; which was read twice and referred to the Committee on Indian 
                                Affairs

                            August 26, 2014

   Reported, under authority of the order of the Senate of August 5 
  (legislative day, August 1), 2014, by Mr. Tester, 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 facilitate the ability of Indian tribes to 
 integrate the employment, training, and related services from diverse 
                Federal sources, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE; REFERENCES.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Indian 
Employment, Training and Related Services Consolidation Act of 
2013''.</DELETED>
<DELETED>    (b) References.--Except as otherwise expressly provided, 
wherever in this Act an amendment or repeal is expressed in terms of an 
amendment to, or repeal of, a section or other provision, the reference 
shall be considered to be made to a section or other provision of the 
Indian Employment, Training and Related Services Demonstration Act of 
1992 (25 U.S.C. 3401 et seq.).</DELETED>

<DELETED>SEC. 2. STATEMENT OF PURPOSE.</DELETED>

<DELETED>    Section 2 (25 U.S.C. 3401) is amended--</DELETED>
        <DELETED>    (1) by striking ``The purposes of this Act are to 
        demonstrate how Indian tribal governments can'' and inserting 
        ``The purpose of this Act is to facilitate the ability of 
        Indian tribes to'';</DELETED>
        <DELETED>    (2) by inserting ``from diverse Federal sources'' 
        after ``they provide'';</DELETED>
        <DELETED>    (3) by striking ``and serve tribally-determined'' 
        and inserting ``, serve tribally determined''; and</DELETED>
        <DELETED>    (4) by inserting ``, reduce administrative, 
        reporting, and accounting costs, and make permanent any 
        demonstration project under any plan referred to in section 4'' 
        before the period at the end.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    Section 3 (25 U.S.C. 3402) is amended by adding at the end 
the following:</DELETED>
        <DELETED>    ``(5) Tribal organization.--The term `tribal 
        organization' has the meaning given the term in section 4 of 
        the Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 450b).''.</DELETED>

<DELETED>SEC. 4. INTEGRATION OF SERVICES AUTHORIZED.</DELETED>

<DELETED>    Section 4 (25 U.S.C. 3403) is amended to read as 
follows:</DELETED>

<DELETED>``SEC. 4. INTEGRATION OF SERVICES AUTHORIZED.</DELETED>

<DELETED>    ``(a) Authorization.--The Secretary shall, in cooperation 
with the Attorney General, the Secretary of Agriculture, the Secretary 
of Commerce, the Secretary of Education, the Secretary of Energy, the 
Secretary of Health and Human Services, the Secretary of Homeland 
Security, the Secretary of Housing and Urban Development, the Secretary 
of Labor, the Secretary of Transportation, and the Secretary of 
Veterans Affairs, after the Secretary approves a plan submitted by an 
Indian tribe or tribal organization under section 8, authorize the 
Indian tribe or tribal organization, as applicable, to coordinate, in 
accordance with the plan, Federally funded employment, training, and 
related services programs in a manner that integrates the programs into 
a consolidated and comprehensive program.</DELETED>
<DELETED>    ``(b) Single Integrated Plan.--Consistent with section 8, 
after the Secretary approves a plan submitted by an Indian tribe or 
tribal organization, the Indian tribe or tribal organization shall not 
be required to submit any additional budget, report, audit, 
supplemental audit, or other documentation.''.</DELETED>

<DELETED>SEC. 5. PROGRAMS AFFECTED AND TRANSFER OF FUNDS.</DELETED>

<DELETED>    Section 5 (25 U.S.C. 3404) is amended to read as 
follows:</DELETED>

<DELETED>``SEC. 5. PROGRAMS AFFECTED.</DELETED>

<DELETED>    ``(a) In General.--The programs that may be integrated 
into a project under a plan described in section 4 shall include--
</DELETED>
        <DELETED>    ``(1) any program under which an Indian tribe or 
        tribal organization is eligible for receipt of funds under a 
        statutory or administrative formula;</DELETED>
        <DELETED>    ``(2) any funds to which an Indian tribe, tribal 
        organization, or members of an Indian tribe or tribal 
        organization may be under Federal law;</DELETED>
        <DELETED>    ``(3) any funds an Indian tribe or tribal 
        organization may secure as a result of a competitive process, a 
        noncompetitive process, or a specific designation; 
        and</DELETED>
        <DELETED>    ``(4) any program under which block grant funds 
        may be provided to an Indian tribe or tribal organization, 
        regardless of whether the block grant is for the benefit of the 
        Indian tribe or tribal organization because of the status of 
        the Indian tribe or tribal organization or the status of the 
        beneficiaries the grant serves, that are made available for the 
        purposes of--</DELETED>
                <DELETED>    ``(A) job training;</DELETED>
                <DELETED>    ``(B) welfare to work and tribal work 
                experience;</DELETED>
                <DELETED>    ``(C) creating or enhancing employment 
                opportunities;</DELETED>
                <DELETED>    ``(D) higher education;</DELETED>
                <DELETED>    ``(E) skill development;</DELETED>
                <DELETED>    ``(F) assisting Indian youth and adults to 
                succeed in the workforce;</DELETED>
                <DELETED>    ``(G) encouraging self-
                sufficiency;</DELETED>
                <DELETED>    ``(H) familiarizing individual 
                participants with the world of work;</DELETED>
                <DELETED>    ``(I) facilitating the creation of job 
                opportunities; and</DELETED>
                <DELETED>    ``(J) any services related to the 
                activities described in subparagraphs (A) through 
                (I).</DELETED>
<DELETED>    ``(b) Transfer of Funds.--Notwithstanding any other 
provision of law, all funds for programs and services covered by an 
approved plan shall, at the request of the Indian tribe or tribal 
organization, be transferred to the Indian tribe or tribal organization 
pursuant to an existing contract, compact, or funding agreement awarded 
pursuant to the title I or IV of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450 et seq.).''.</DELETED>

<DELETED>SEC. 6. PLAN REVIEW; WAIVER AUTHORITY; AND DISPUTE 
              RESOLUTION.</DELETED>

<DELETED>    Section 7 (25 U.S.C. 3406) is amended to read as 
follows:</DELETED>
<DELETED>    ``(a) In General.--Upon receipt of a plan from an Indian 
tribe or tribal organization, the Secretary shall consult with--
</DELETED>
        <DELETED>    ``(1) the head of each Federal agency providing 
        funds to be used to implement the plan; and</DELETED>
        <DELETED>    ``(2) the Indian tribe or tribal organization that 
        submitted the plan.</DELETED>
<DELETED>    ``(b) Identification of Waivers.--The parties described in 
subsection (a) shall identify any waivers of applicable statutory, 
regulatory, or administrative requirements, or of Federal agency 
policies or procedures necessary to enable the Indian tribe or tribal 
organization to efficiently implement the plan.</DELETED>
<DELETED>    ``(c) Tribal Waiver Request.--In consultation with the 
Secretary, a participating Indian tribe or tribal organization may 
request the head of each affected agency to waive any statutory, 
regulatory, administrative requirement, policy, or procedure identified 
subsection (b).</DELETED>
<DELETED>    ``(d) Waiver Authority.--</DELETED>
        <DELETED>    ``(1) In general.--Except as provided in paragraph 
        (2), notwithstanding any other provision of law, the head of 
        each affected agency shall waive any applicable statutory, 
        regulatory, administrative requirement, regulation, policy, or 
        procedure promulgated by the agency that has been identified by 
        the parties under subparagraph (b).</DELETED>
        <DELETED>    ``(2) Exception.--The head of an affected agency 
        shall not grant a waiver under paragraph (1) if the head of the 
        affected agency determines that a waiver will be inconsistent 
        with the purposes of this Act.</DELETED>
<DELETED>    ``(e) Decision on Waiver Request.--</DELETED>
        <DELETED>    ``(1) In general.--Not later than 90 days after 
        the head of an affected agency receives a waiver request, the 
        head of the affected agency shall decide whether to grant or 
        deny the request.</DELETED>
        <DELETED>    ``(2) Denial of request.--If the head of the 
        affected agency denies a waiver request, not later than 90 days 
        after the date on which the denial is made, the head of the 
        affected agency shall provide the requesting Indian tribe or 
        tribal organization and the Secretary with written notice of 
        the denial and the reasons for the denial.</DELETED>
        <DELETED>    ``(3) Failure to act on request.--If the head of 
        an affected agency does not make a decision under paragraph (1) 
        within 90 days after the date on which the head of the affected 
        agency receives the waiver request, the request shall be 
        granted.</DELETED>
<DELETED>    ``(f) Secretarial Review.--If the head of an affected 
agency denies a waiver request under subsection (e)(2), not later than 
10 days after the date on which the request is denied, the Secretary 
shall review the denial and determine whether granting the waiver--
</DELETED>
        <DELETED>    ``(1) will be inconsistent with the provisions of 
        the Act; or</DELETED>
        <DELETED>    ``(2) will prevent the affected agency from 
        fulfilling its obligations under the Act.</DELETED>
<DELETED>    ``(g) Interagency Dispute Resolution.--</DELETED>
        <DELETED>    ``(1) In general.--Not later than 20 days after 
        the date on which the Secretary determines that granting the 
        waiver will not be inconsistent with the provisions of the Act 
        and would not prevent the lead agency from fulfilling its 
        obligations under the Act, the Secretary shall establish and 
        initiate an interagency dispute resolution process involving--
        </DELETED>
                <DELETED>    ``(A) the Secretary;</DELETED>
                <DELETED>    ``(B) the participating Indian tribe or 
                tribal organization; and</DELETED>
                <DELETED>    ``(C) the head of the affected 
                agency.</DELETED>
        <DELETED>    ``(2) Duration.--A dispute subject to paragraph 
        (1) shall be resolved not later than 30 days after the date on 
        which the process is initiated.</DELETED>
<DELETED>    ``(h) Final Authority.--If the dispute resolution process 
fails to resolve the dispute between a participating Indian tribe or 
tribal organization and an affected agency, the head of the affected 
agency shall have the final authority to resolve the dispute.</DELETED>
<DELETED>    ``(i) Final Decision.--Not later than 10 days after the 
date on which the dispute is resolved under this section, the Secretary 
shall inform the requesting Indian tribe or tribal organization--
</DELETED>
        <DELETED>    ``(1) the final decision on the waiver request; 
        and</DELETED>
        <DELETED>    ``(2) notice of the right to file an appeal to the 
        final decision in an appropriate district court of the United 
        States.''.</DELETED>

<DELETED>SEC. 7. PLAN APPROVAL; SECRETARIAL AUTHORITY; REVIEW OF 
              DECISION.</DELETED>

<DELETED>    Section 8 (25 U.S.C. 3407) is amended to read as 
follows:</DELETED>
<DELETED>    ``(a) Plan Requirements.--A plan submitted to the 
Secretary for approval under this Act shall--</DELETED>
        <DELETED>    ``(1) identify the programs to be integrated and 
        consolidated;</DELETED>
        <DELETED>    ``(2) be consistent with the purposes of this 
        Act;</DELETED>
        <DELETED>    ``(3) describe--</DELETED>
                <DELETED>    ``(A) a comprehensive strategy identifying 
                the full range of potential employment opportunities on 
                and near the service area of the Indian tribe or tribal 
                organization;</DELETED>
                <DELETED>    ``(B) the education, training, and related 
                services to be provided to assist Indians to access 
                those employment opportunities;</DELETED>
                <DELETED>    ``(C) the way in which services are to be 
                integrated, consolidated, and delivered; and</DELETED>
                <DELETED>    ``(D) the results expected from the 
                plan;</DELETED>
        <DELETED>    ``(4) identify the projected expenditures under 
        the plan in a single budget covering all consolidated 
        funds;</DELETED>
        <DELETED>    ``(5) identify any agency of the Indian tribe or 
        tribal organization to be involved in the delivery of the 
        services integrated under the plan;</DELETED>
        <DELETED>    ``(6) identify any statutory provisions, 
        regulations, policies, or procedures that the Indian tribe or 
        tribal organization believes need to be waived to implement the 
        plan; and</DELETED>
        <DELETED>    ``(7) be approved by the governing body of the 
        Indian tribe or tribal organization.</DELETED>
<DELETED>    ``(b) Exclusive Authority of the Secretary.--The Secretary 
shall have exclusive authority to approve or disapprove a plan 
submitted by an Indian tribe or tribal organization in accordance with 
section 7.</DELETED>
<DELETED>    ``(c) Approval Process.--</DELETED>
        <DELETED>    ``(1) In general.--Not later than 90 days after 
        the date on which the Secretary receives a plan, the Secretary 
        shall approve or deny the plan, including any request for a 
        waiver that is made as part of the plan.</DELETED>
        <DELETED>    ``(2) Approval.--If the Secretary approves a plan 
        under paragraph (1), the Secretary shall authorize the transfer 
        of funds under the plan.</DELETED>
        <DELETED>    ``(3) Denial.--If the Secretary denies the plan 
        under paragraph (1), the Secretary shall provide to the Indian 
        tribe or tribal organization a written notification of 
        disapproval of the plan that contains a specific finding that 
        clearly demonstrates that, or that is supported by a 
        controlling legal authority, the plan does not meet the 
        requirements set forth in subsection (a).</DELETED>
        <DELETED>    ``(4) Failure to act.--If the Secretary does not 
        make a decision under paragraph (1) within 90 days after the 
        date on which the Secretary receives the plan, the plan shall 
        be approved.</DELETED>
<DELETED>    ``(d) Extension of Time.--Notwithstanding any other 
provision of law, the Secretary may extend or otherwise alter the 90-
day period specified in subsection (c)(1) above, if before the 
expiration of the period, the Secretary obtains the express written 
consent of the Indian tribe or tribal organization to extend or alter 
the period for up to 90 additional days.</DELETED>
<DELETED>    ``(e) Applicability.--If the Secretary denies the plan 
under subsection (c)(1), the following shall apply:</DELETED>
        <DELETED>    ``(1) Subsections (b) and (e) of section 102 of 
        the Indian Self-Determination Act (25 U.S.C. 450f).</DELETED>
        <DELETED>    ``(2) Subsections (a) and (c) of section 110 of 
        that Act (25 U.S.C. 450m-1).''.</DELETED>

<DELETED>SEC. 8. JOB CREATION ACTIVITIES AUTHORIZED.</DELETED>

<DELETED>    Section 9 (25 U.S.C. 3408) is amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) by striking ``a tribal government 
                may'' and inserting ``an Indian tribe or tribal 
                organization may'';</DELETED>
                <DELETED>    (B) by striking ``tribal government or of 
                individual Indian people'' and inserting ``Indian 
                tribes, tribal organizations, or Indians''; 
                and</DELETED>
                <DELETED>    (C) by striking ``an overall regional 
                economic activity which has a reasonable likelihood of 
                success and consistent with the purposes specifically 
                applicable to Indian programs in the statute under 
                which the funds are authorized'' and inserting ``the 
                plan'';</DELETED>
        <DELETED>    (2) by striking subsection (b) and inserting the 
        following:</DELETED>
<DELETED>    ``(b) Job Creation Opportunities.--Notwithstanding any 
other provision of law, including any requirement of a program that is 
integrated under a plan under this Act, an Indian tribe or tribal 
organization may use the funds made available under this Act for the 
creation of employment opportunities, including providing private 
sector training placement under section 10.''; and</DELETED>
        <DELETED>    (3) by striking subsection (c).</DELETED>

<DELETED>SEC. 9. EMPLOYER TRAINING PLACEMENTS.</DELETED>

<DELETED>    Section 10 (25 U.S.C. 3409) is amended to read as 
follows:</DELETED>

<DELETED>``SEC. 10. EMPLOYER TRAINING PLACEMENTS.</DELETED>

<DELETED>    ``(a) In General.--Subject to subsection (b), an Indian 
tribe or tribal organization that has in place an approved plan under 
this Act may use the funds made available under the plan--</DELETED>
        <DELETED>    ``(1) to place participants in training positions 
        with employers; and</DELETED>
        <DELETED>    ``(2) to pay the participants a training allowance 
        or wage for a training period of not more than 1 
        year.</DELETED>
<DELETED>    ``(b) Requirements.--An Indian tribe or tribal 
organization may carry out subsection (a) only if the tribe or tribal 
organization enters into a written agreement with each applicable 
employer under which the employer shall agree--</DELETED>
        <DELETED>    ``(1) to provide