S. 1574 — Introduced in Senate

II 113th CONGRESS 1st Session S. 1574 IN THE SENATE OF THE UNITED STATES October 16, 2013Ms. 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 facilitate the ability of Indian tribes to integrate the employment, training, and related services from diverse Federal sources, and for other purposes. 1. Short title; references (a) Short title This Act may be cited as the Indian Employment, Training and Related Services Consolidation Act of 2013. (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.). 2. Statement of purpose Section 2 (25 U.S.C. 3401) is amended— (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; (2) by inserting from diverse Federal sources after they provide; (3) by striking and serve tribally-determined and inserting , serve tribally determined; and (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. 3. Definitions Section 3 (25 U.S.C. 3402) is amended by adding at the end the following: (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). . 4. Integration of services authorized Section 4 (25 U.S.C. 3403) is amended to read as follows: 4. Integration of services authorized (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. (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. . 5. Programs affected and transfer of funds Section 5 (25 U.S.C. 3404) is amended to read as follows: 5. Programs affected (a) In general The programs that may be integrated into a project under a plan described in section 4 shall include— (1) any program under which an Indian tribe or tribal organization is eligible for receipt of funds under a statutory or administrative formula; (2) any funds to which an Indian tribe, tribal organization, or members of an Indian tribe or tribal organization may be under Federal law; (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 (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— (A) job training; (B) welfare to work and tribal work experience; (C) creating or enhancing employment opportunities; (D) higher education; (E) skill development; (F) assisting Indian youth and adults to succeed in the workforce; (G) encouraging self-sufficiency; (H) familiarizing individual participants with the world of work; (I) facilitating the creation of job opportunities; and (J) any services related to the activities described in subparagraphs (A) through (I). (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.). . 6. Plan review; waiver authority; and dispute resolution Section 7 (25 U.S.C. 3406) is amended to read as follows: (a) In general Upon receipt of a plan from an Indian tribe or tribal organization, the Secretary shall consult with— (1) the head of each Federal agency providing funds to be used to implement the plan; and (2) the Indian tribe or tribal organization that submitted the plan. (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. (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). (d) Waiver authority (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). (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. (e) Decision on waiver request (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. (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. (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. (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— (1) will be inconsistent with the provisions of the Act; or (2) will prevent the affected agency from fulfilling its obligations under the Act. (g) Interagency dispute resolution (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— (A) the Secretary; (B) the participating Indian tribe or tribal organization; and (C) the head of the affected agency. (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. (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. (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— (1) the final decision on the waiver request; and (2) notice of the right to file an appeal to the final decision in an appropriate district court of the United States. . 7. Plan approval; secretarial authority; review of decision Section 8 (25 U.S.C. 3407) is amended to read as follows: (a) Plan requirements A plan submitted to the Secretary for approval under this Act shall— (1) identify the programs to be integrated and consolidated; (2) be consistent with the purposes of this Act; (3) describe— (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; (B) the education, training, and related services to be provided to assist Indians to access those employment opportunities; (C) the way in which services are to be integrated, consolidated, and delivered; and (D) the results expected from the plan; (4) identify the projected expenditures under the plan in a single budget covering all consolidated funds; (5) identify any agency of the Indian tribe or tribal organization to be involved in the delivery of the services integrated under the plan; (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 (7) be approved by the governing body of the Indian tribe or tribal organization. (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. (c) Approval process (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. (2) Approval If the Secretary approves a plan under paragraph (1), the Secretary shall authorize the transfer of funds under the plan. (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). (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. (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. (e) Applicability If the Secretary denies the plan under subsection (c)(1), the following shall apply: (1) Subsections (b) and (e) of section 102 of the Indian Self-Determination Act (25 U.S.C. 450f). (2) Subsections (a) and (c) of section 110 of that Act (25 U.S.C. 450m–1). . 8. Job creation activities authorized Section 9 (25 U.S.C. 3408) is amended— (1) in subsection (a)— (A) by striking a tribal government may and inserting an Indian tribe or tribal organization may; (B) by striking tribal government or of individual Indian people and inserting Indian tribes, tribal organizations, or Indians; and (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; (2) by striking subsection (b) and inserting the following: (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 (3) by striking subsection (c). 9. Employer training placements Section 10 (25 U.S.C. 3409) is amended to read as follows: 10. Employer training placements (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— (1) to place participants in training positions with employers; and (2) to pay the participants a training allowance or wage for a training period of not more than 1 year. (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— (1) to provide on-the-job training to the participants; and (2) on satisfactory completion of the training period described in subsection (a)(2), to prioritize the provision of permanent employment to the participants. . 10. Federal responsibilities Section 11 (25 U.S.C. 3410) is amended to read as follows: 11. Federal responsibilities (a) Lead agency (1) In general Notwithstanding any other provision of law, the lead agency for each program carried out under this Act shall be the Bureau of Indian Affairs. (2) Inclusions The responsibilities of the Director of the Bureau of Indian Affairs in carrying out this Act shall include— (A) the development of a single model report for each Indian tribe and tribal organization that has in place an approved plan under this Act to submit to the Director reports on any consolidated activities undertaken and joint expenditures made under the plan; (B) the provision, directly or through contract, of appropriate voluntary and technical assistance to participating tribes and tribal organizations; (C) the development and use of a single monitoring and oversight system for plans approved under this Act; (D) (i) the receipt of all funds covered by a plan approved under this Act; and (ii) distribution of the funds to the respective Indian tribes and tribal organizations by not later than 20 days after the date of receipt of the funds from the appropriate Federal department or agency; and (E) (i) the performance of activities described in section 7 relating to agency waivers; and (ii) the establishment of an interagency dispute resolution process. (3) Incorporation of self-determination (A) In general At the election of an Indian tribe or tribal organization that has in place an approved plan under this Act, the plan may incorporate any provision of the Indian Self-Determination Act (25 U.S.C. 450f et seq.). (B) Effect On incorporation of a provision under subparagraph (A), the provision shall have the same force and effect as if incorporated in this Act. (4) Memorandum of agreement (A) In general Not later than 1 year after the date of enactment of the Indian Employment, Training and Related Services Consolidation Act of 2013, the Secretary (acting through the Director of the Bureau of Indian Affairs), in conjunction with the Secretaries of Agriculture, Commerce, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Labor, Transportation, and Veterans Affairs and the Attorney General, shall enter into an interdepartmental memorandum of agreement providing for the implementation of this Act. (B) Inclusions The memorandum of agreement under subparagraph (A) shall include provisions relating to— (i) an annual meeting of participating Indian tribes, tribal organizations, and Federal departments and agencies, to be cochaired by— (I) a representative of the President; and (II) a representative of the participating tribes and tribal organizations; (ii) an annual review of the achievements under this Act and any statutory, regulatory, administrative, or policy obstacles that prevent participating Indian tribes or tribal organizations from fully and efficiently carrying out the purposes of this Act; and (iii) a forum comprised of participating Indian tribes, tribal organizations, and Federal departments and agencies to identify and resolve interagency conflicts and conflicts between the Federal Government and Indian tribes or tribal organizations in the administration of this Act. (b) Report format (1) In general The Secretary shall develop and distribute to Indian tribes and tribal organizations that have in place an approved plan under this Act a single report format, in accordance with the requirements of this Act. (2) Requirements The Secretary shall ensure that the report format developed under paragraph (1), together with records maintained by each participating Indian tribe or tribal organization, contains information sufficient— (A) to determine whether the tribe or tribal organization has complied with the requirements of the approved plan of the tribe or tribal organization; and (B) to provide assurances to the head of each applicable Federal department or agency that the tribe or tribal organization has complied with all directly applicable statutory and regulatory requirements. (3) Limitation The report format developed under paragraph (1) shall not require a participating Indian tribe or tribal organization to report on the expenditure of funds (expressed by fund source or single agency code) transferred to the tribe or tribal organization under an approved plan under this Act. . 11. No reduction in amounts Section 12 (25 U.S.C. 3411) is amended by striking a tribal government and all that follows through the end of the section and inserting the following: an Indian tribe or tribal organization that has in place an approved plan under this Act be reduced as a result of— (1) the enactment of this Act; or (2) the approval or implementation of a plan under this Act. . 12. Interagency transfers of funds Section 13 (25 U.S.C. 3412) is amended to read as follows: 13. Interagency transfers of funds Notwithstanding any other provision of law, not later than 20 days after the date of apportionment to the applicable department or agency, the Secretary, together with the Secretaries of Agriculture, Commerce, Education, Energy, Health and Human Services, Homeland Security, Housing and Urban Development, Labor, Transportation, and Veterans Affairs and the Attorney General, as appropriate, may transfer to the Director of the Bureau of Indian Affairs, for distribution to an Indian tribe or tribal organization that has in place an approved plan under this Act, any funds otherwise available to the applicable department or agency to achieve the purposes of this Act. . 13. Administration of funds Section 14 (25 U.S.C. 3413) is amended— (1) by redesignating subsection (b) as subsection (d); (2) by striking the section designation and heading and all that follows through subsection (a) and inserting the following: 14. Administration of funds (a) Requirements (1) In general The amounts used to carry out a plan approved under this Act shall be administered in such manner as the Secretary determines to be appropriate to ensure the amounts are spent on activities authorized under the plan. (2) Separate records and audits not required Notwithstanding any other provision of law (including regulations and circulars of any agency (including Office of Management and Budget Circular A–133)), an Indian tribe or tribal organization that has in place an approved plan under this Act shall not be required— (A) to maintain separate records that trace any service or activity conducted under the approved plan to the program for which the funds were initially authorized or transferred; (B) to allocate expenditures among such a program; or (C) to audit expenditures by the original source of the program. (b) Carryover Any funds transferred to an Indian tribe or tribal organization under this Act that are not obligated or expended prior to the beginning of the fiscal year after the fiscal year for which the funds were appropriated shall remain available for obligation or expenditure without fiscal year limitation, subject to the conditions that— (1) the funds shall be obligated or expended in accordance with the approved plan of the tribe or tribal organization; and (2) the tribe or tribal organization shall not be required to provide any additional justification or documentation of the purposes of the approved plan as a condition of receiving or expending the funds. (c) Indirect costs Notwithstanding any other provision of law, an Indian tribe or tribal organization shall be entitled to recover the entire amount of indirect costs associated with any funds transferred to the tribe or tribal organization under this Act, in accordance with the applicable indirect cost rate specified in the approved plan of the tribe or tribal organization. ; and (3) in subsection (d) (as redesignated by paragraph (1))— (A) by striking All administrative and inserting the following: (1) In general All administrative ; and (B) by striking regulations) and all that follows through the end of the subsection and inserting the following: regulations). (2) Treatment The amount equal to the difference between the amount of the commingled funds and the actual administrative cost of the programs, as described in paragraph (1), shall be considered to be properly spent for Federal audit purposes if the amount is used to achieve the purposes of this Act. . 14. Labor market information on Indian work force Section 17 (25 U.S.C. 3416) is amended— (1) in subsection (a), in the first sentence— (A) by striking , in a consistent and reliable manner,; and (B) by striking , by gender,; and (2) in subsection (b)— (A) in the first sentence— (i) by striking and the National Center for Native American Studies and Policy Development authorized by Public Law 101–301,; and (ii) by striking and Alaska Native population throughout the entire United States and inserting throughout the United States; (B) in the second sentence, by inserting , tribal organizations, after Indian tribes; and (C) by striking the third sentence and inserting the following: The report under this subsection shall be submitted to the Committee on Indian Affairs of the Senate and the Committees on Natural Resources and Education and Labor of the House of Representatives by not later than October 30, 2015.. 15. Assignment of Federal personnel to State Indian economic development programs Section 18 (25 U.S.C. 3417) is amended— (1) by inserting or tribal organizations after Indian tribes; and (2) by striking 1970, may deem and inserting 1970 (42 U.S.C. 4701 et seq.), determines to be. 16. Repeals; conforming amendments (a) Repeals Sections 15 and 16 (25 U.S.C. 3414, 3415) are repealed. (b) Conforming amendments Sections 17 and 18 (25 U.S.C. 3416, 3417) (as amended by this Act) are redesignated as sections 15 and 16, respectively. 17. Effect of Act Nothing in this Act or an amendment made by this Act— (1) affects any plan approved under the Indian Employment, Training and Related Services Demonstration Act of 1992 (25 U.S.C. 3401 et seq.) before the date of enactment of this Act; (2) requires any Indian tribe or tribal organization to resubmit a plan described in paragraph (1); or (3) modifies the effective period of any plan described in paragraph (1).