,,ii #aacth ,,congress #ast ,session ,s4 #aegd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #af1 #bjac,ms4 ,murkowski introduced the following bill2 which was read twice and referred to the ,committee on ,indian ,affairs ,a ,,bill ,to amend the ,indian ,employment1 ,training and ,related ,services ,demonstration ,act of #aiib to facilitate the ability of ,indian tribes to integrate the employment1 training1 and related services from diverse ,federal sources1 and for other purposes4 #a4 ,short title2 references 7a7 ,short title ,this ,act may be cited as the ,indian ,employment1 ,training and ,related ,services ,consolidation ,act of #bjac4 7b7 ,references ,except as otherwise expressly provided1 wherever in this ,act an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,indian ,employment1 ,training and ,related ,services ,demonstration ,act of #aiib 7#be ,u4,s4,c4 #cdja et seq474 #b4 ,statement of purpose ,section #b 7#be ,u4,s4,c4 #cdja7 is amended-- 7#a7 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 to2 7#b7 by inserting from diverse ,federal sources after they provide2 7#c7 by striking and serve tribally-determined and inserting 1 serve tribally determined2 and 7#d7 by inserting 1 reduce administrative1 reporting1 and accounting costs1 and make permanent any demonstration project under any plan referred to in section #d before the period at the end4 #c4 ,definitions ,section #c 7#be ,u4,s4,c4 #cdjb7 is amended by adding at the end the following3 7#e7 ,tribal organization ,the term tribal organization has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 4 #d4 ,integration of services authorized ,section #d 7#be ,u4,s4,c4 #cdjc7 is amended to read as follows3 #d4 ,integration of services authorized 7a7 ,authorization ,the ,secretary shall1 in cooperation with the ,attorney ,general1 the ,secretary of ,agriculture1 the ,secretary of ,commerce1 the ,secretary of ,education1 the ,secretary of ,energy1 the ,secretary of ,health and ,human ,services1 the ,secretary of ,homeland ,security1 the ,secretary of ,housing and ,urban ,development1 the ,secretary of ,labor1 the ,secretary of ,transportation1 and the ,secretary of ,veterans ,affairs1 after the ,secretary approves a plan submitted by an ,indian tribe or tribal organization under section #h1 authorize the ,indian tribe or tribal organization1 as applicable1 to coordinate1 in accordance with the plan1 ,federally funded employment1 training1 and related services programs in a manner that integrates the programs into a consolidated and comprehensive program4 7b7 ,single ,integrated ,plan ,consistent with section #h1 after the ,secretary approves a plan submitted by an ,indian tribe or tribal organization1 the ,indian tribe or tribal organization shall not be required to submit any additional budget1 report1 audit1 supplemental audit1 or other documentation4 4 #e4 ,programs affected and transfer of funds ,section #e 7#be ,u4,s4,c4 #cdjd7 is amended to read as follows3 #e4 ,programs affected 7a7 ,in general ,the programs that may be integrated into a project under a plan described in section #d shall include-- 7#a7 any program under which an ,indian tribe or tribal organization is eligible for receipt of funds under a statutory or administrative formula2 7#b7 any funds to which an ,indian tribe1 tribal organization1 or members of an ,indian tribe or tribal organization may be under ,federal law2 7#c7 any funds an ,indian tribe or tribal organization may secure as a result of a competitive process1 a noncompetitive process1 or a specific designation2 and 7#d7 any program under which block grant funds may be provided to an ,indian tribe or tribal organization1 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 serves1 that are made available for the purposes of-- 7,a7 job training2 7,b7 welfare to work and tribal work experience2 7,c7 creating or enhancing employment opportunities2 7,d7 higher education2 7,e7 skill development2 7,f7 assisting ,indian youth and adults to succeed in the workforce2 7,g7 encouraging self-sufficiency2 7,h7 familiarizing individual participants with the world of work2 7,i7 facilitating the creation of job opportunities2 and 7,j7 any services related to the activities described in subparagraphs 7,a7 through 7,i74 7b7 ,transfer of funds ,notwithstanding any other provision of law1 all funds for programs and services covered by an approved plan shall1 at the request of the ,indian tribe or tribal organization1 be transferred to the ,indian tribe or tribal organization pursuant to an existing contract1 compact1 or funding agreement awarded pursuant to the title ,i or ,,iv of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej et seq474 4 #f4 ,plan review2 waiver authority2 and dispute resolution ,section #g 7#be ,u4,s4,c4 #cdjf7 is amended to read as follows3 7a7 ,in general ,upon receipt of a plan from an ,indian tribe or tribal organization1 the ,secretary shall consult with-- 7#a7 the head of each ,federal agency providing funds to be used to implement the plan2 and 7#b7 the ,indian tribe or tribal organization that submitted the plan4 7b7 ,identification of waivers ,the parties described in subsection 7a7 shall identify any waivers of applicable statutory1 regulatory1 or administrative requirements1 or of ,federal agency policies or procedures necessary to enable the ,indian tribe or tribal organization to efficiently implement the plan4 7c7 ,tribal waiver request ,in consultation with the ,secretary1 a participating ,indian tribe or tribal organization may request the head of each affected agency to waive any statutory1 regulatory1 administrative requirement1 policy1 or procedure identified subsection 7b74 7d7 ,waiver authority 7#a7 ,in general ,except as provided in paragraph 7#b71 notwithstanding any other provision of law1 the head of each affected agency shall waive any applicable statutory1 regulatory1 administrative requirement1 regulation1 policy1 or procedure promulgated by the agency that has been identified by the parties under subparagraph 7b74 7#b7 ,exception ,the head of an affected agency shall not grant a waiver under paragraph 7#a7 if the head of the affected agency determines that a waiver will be inconsistent with the purposes of this ,act4 7e7 ,decision on waiver request 7#a7 ,in general ,not later than #ij days after the head of an affected agency receives a waiver request1 the head of the affected agency shall decide whether to grant or deny the request4 7#b7 ,denial of request ,if the head of the affected agency denies a waiver request1 not later than #ij days after the date on which the denial is made1 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 denial4 7#c7 ,failure to act on request ,if the head of an affected agency does not make a decision under paragraph 7#a7 within #ij days after the date on which the head of the affected agency receives the waiver request1 the request shall be granted4 7f7 ,secretarial review ,if the head of an affected agency denies a waiver request under subsection 7e77#b71 not later than #aj days after the date on which the request is denied1 the ,secretary shall review the denial and determine whether granting the waiver-- 7#a7 will be inconsistent with the provisions of the ,act2 or 7#b7 will prevent the affected agency from fulfilling its obligations under the ,act4 7g7 ,interagency dispute resolution 7#a7 ,in general ,not later than #bj 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 ,act1 the ,secretary shall establish and initiate an interagency dispute resolution process involving-- 7,a7 the ,secretary2 7,b7 the participating ,indian tribe or tribal organization2 and 7,c7 the head of the affected agency4 7#b7 ,duration ,a dispute subject to paragraph 7#a7 shall be resolved not later than #cj days after the date on which the process is initiated4 7h7 ,final authority ,if the dispute resolution process fails to resolve the dispute between a participating ,indian tribe or tribal organization and an affected agency1 the head of the affected agency shall have the final authority to resolve the dispute4 7i7 ,final ,decision ,not later than #aj days after the date on which the dispute is resolved under this section1 the ,secretary shall inform the requesting ,indian tribe or tribal organization-- 7#a7 the final decision on the waiver request2 and 7#b7 notice of the right to file an appeal to the final decision in an appropriate district court of the ,united ,states4 4 #g4 ,plan approval2 secretarial authority2 review of decision ,section #h 7#be ,u4,s4,c4 #cdjg7 is amended to read as follows3 7a7 ,plan requirements ,a plan submitted to the ,secretary for approval under this ,act shall-- 7#a7 identify the programs to be integrated and consolidated2 7#b7 be consistent with the purposes of this ,act2 7#c7 describe-- 7,a7 a comprehensive strategy identifying the full range of potential employment opportunities on and near the service area of the ,indian tribe or tribal organization2 7,b7 the education1 training1 and related services to be provided to assist ,indians to access those employment opportunities2 7,c7 the way in which services are to be integrated1 consolidated1 and delivered2 and 7,d7 the results expected from the plan2 7#d7 identify the projected expenditures under the plan in a single budget covering all consolidated funds2 7#e7 identify any agency of the ,indian tribe or tribal organization to be involved in the delivery of the services integrated under the plan2 7#f7 identify any statutory provisions1 regulations1 policies1 or procedures that the ,indian tribe or tribal organization believes need to be waived to implement the plan2 and 7#g7 be approved by the governing body of the ,indian tribe or tribal organization4 7b7 ,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 #g4 7c7 ,approval process 7#a7 ,in general ,not later than #ij days after the date on which the ,secretary receives a plan1 the ,secretary shall approve or deny the plan1 including any request for a waiver that is made as part of the plan4 7#b7 ,approval ,if the ,secretary approves a plan under paragraph 7#a71 the ,secretary shall authorize the transfer of funds under the plan4 7#c7 ,denial ,if the ,secretary denies the plan under paragraph 7#a71 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 that1 or that is supported by a controlling legal authority1 the plan does not meet the requirements set forth in subsection 7a74 7#d7 ,failure to act ,if the ,secretary does not make a decision under paragraph 7#a7 within #ij days after the date on which the ,secretary receives the plan1 the plan shall be approved4 7d7 ,extension of time ,notwithstanding any other provision of law1 the ,secretary may extend or otherwise alter the #ij-;day period specified in subsection 7c77#a7 above1 if before the expiration of the period1 the ,secretary obtains the express written consent of the ,indian tribe or tribal organization to extend or alter the period for up to #ij additional days4 7e7 ,applicability ,if the ,secretary denies the plan under subsection 7c77#a71 the following shall apply3 7#a7 ,subsections 7b7 and 7e7 of section #ajb of the ,indian ,self-,determination ,act 7#be ,u4,s4,c4 #dej;f74 7#b7 ,subsections 7a7 and 7c7 of section #aaj of that ,act 7#be ,u4,s4,c4 #dejm-#a74 4 #h4 ,job creation activities authorized ,section #i 7#be ,u4,s4,c4 #cdjh7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking a tribal government may and inserting an ,indian tribe or tribal organization may2 7,b7 by striking tribal government or of individual ,indian people and inserting ,indian tribes1 tribal organizations1 or ,indians2 and 7,c7 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 plan2 7#b7 by striking subsection 7b7 and inserting the following3 7b7 ,job creation opportunities ,notwithstanding any other provision of law1 including any requirement of a program that is integrated under a plan under this ,act1 an ,indian tribe or tribal organization may use the funds made available under this ,act for the creation of employment opportunities1 including providing private sector training placement under section #aj4 2 and 7#c7 by striking subsection 7c74 #i4 ,employer training placements ,section #aj 7#be ,u4,s4,c4 #cdji7 is amended to read as follows3 #aj4 ,employer training placements 7a7 ,in general ,subject to subsection 7b71 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-- 7#a7 to place participants in training positions with employers2 and 7#b7 to pay the participants a training allowance or wage for a training period of not more than #a year4 7b7 ,requirements ,an ,indian tribe or tribal organization may carry out subsection 7a7 only if the tribe or tribal organization enters into a written agreement with each applicable employer under which the employer shall agree-- 7#a7 to provide on-the-job training to the participants2 and 7#b7 on satisfactory completion of the training period described in subsection 7a77#b71 to prioritize the provision of permanent employment to the participants4 4 #aj4 ,federal responsibilities ,section #aa 7#be ,u4,s4,c4 #cdaj7 is amended to read as follows3 #aa4 ,federal responsibilities 7a7 ,lead agency 7#a7 ,in general ,notwithstanding any other provision of law1 the lead agency for each program carried out under this ,act shall be the ,bureau of ,indian ,affairs4 7#b7 ,inclusions ,the responsibilities of the ,director of the ,bureau of ,indian ,affairs in carrying out this ,act shall include-- 7,a7 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 plan2 7,b7 the provision1 directly or through contract1 of appropriate voluntary and technical assistance to participating tribes and tribal organizations2 7,c7 the development and use of a single monitoring and oversight system for plans approved under this ,act2 7,d7 7i7 the receipt of all funds covered by a plan approved under this ,act2 and 7ii7 distribution of the funds to the respective ,indian tribes and tribal organizations by not later than #bj days after the date of receipt of the funds from the appropriate ,federal department or agency2 and 7,e7 7i7 the performance of activities described in section #g relating to agency waivers2 and 7ii7 the establishment of an interagency dispute resolution process4 7#c7 ,incorporation of self-determination 7,a7 ,in general ,at the election of an ,indian tribe or tribal organization that has in place an approved plan under this ,act1 the plan may incorporate any provision of the ,indian ,self-,determination ,act 7#be ,u4,s4,c4 #dej;f et seq474 7,b7 ,effect ,on incorporation of a provision under subparagraph 7,a71 the provision shall have the same force and effect as if incorporated in this ,act4 7#d7 ,memorandum of agreement 7,a7 ,in general ,not later than #a year after the date of enactment of the ,indian ,employment1 ,training and ,related ,services ,consolidation ,act of #bjac1 the ,secretary 7acting through the ,director of the ,bureau of ,indian ,affairs71 in conjunction with the ,secretaries of ,agriculture1 ,commerce1 ,education1 ,energy1 ,health and ,human ,services1 ,homeland ,security1 ,housing and ,urban ,development1 ,labor1 ,transportation1 and ,veterans ,affairs and the ,attorney ,general1 shall enter into an interdepartmental memorandum of agreement providing for the implementation of this ,act4 7,b7 ,inclusions ,the memorandum of agreement under subparagraph 7,a7 shall include provisions relating to-- 7i7 an annual meeting of participating ,indian tribes1 tribal organizations1 and ,federal departments and agencies1 to be cochaired by-- 7,i7 a representative of the ,president2 and 7,,ii7 a representative of the participating tribes and tribal organizations2 7ii7 an annual review of the achievements under this ,act and any statutory1 regulatory1 administrative1 or policy obstacles that prevent participating ,indian tribes or tribal organizations from fully and efficiently carrying out the purposes of this ,act2 and 7iii7 a forum comprised of participating ,indian tribes1 tribal organizations1 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 ,act4 7b7 ,report format 7#a7 ,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 format1 in accordance with the requirements of this ,act4 7#b7 ,requirements ,the ,secretary shall ensure that the report format developed under paragraph 7#a71 together with records maintained by each participating ,indian tribe or tribal organization1 contains information sufficient-- 7,a7 to determine whether the tribe or tribal organization has complied with the requirements of the approved plan of the tribe or tribal organization2 and 7,b7 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 requirements4 7#c7 ,limitation ,the report format developed under paragraph 7#a7 shall not require a participating ,indian tribe or tribal organization to report on the expenditure of funds 7expressed by fund source or single agency code7 transferred to the tribe or tribal organization under an approved plan under this ,act4 4 #aa4 ,no reduction in amounts ,section #ab 7#be ,u4,s4,c4 #cdaa7 is amended by striking a tribal government and all that follows through the end of the section and inserting the following3 an ,indian tribe or tribal organization that has in place an approved plan under this ,act be reduced as a result of-- 7#a7 the enactment of this ,act2 or 7#b7 the approval or implementation of a plan under this ,act4 4 #ab4 ,interagency transfers of funds ,section #ac 7#be ,u4,s4,c4 #cdab7 is amended to read as follows3 #ac4 ,interagency transfers of funds ,notwithstanding any other provision of law1 not later than #bj days after the date of apportionment to the applicable department or agency1 the ,secretary1 together with the ,secretaries of ,agriculture1 ,commerce1 ,education1 ,energy1 ,health and ,human ,services1 ,homeland ,security1 ,housing and ,urban ,development1 ,labor1 ,transportation1 and ,veterans ,affairs and the ,attorney ,general1 as appropriate1 may transfer to the ,director of the ,bureau of ,indian ,affairs1 for distribution to an ,indian tribe or tribal organization that has in place an approved plan under this ,act1 any funds otherwise available to the applicable department or agency to achieve the purposes of this ,act4 4 #ac4 ,administration of funds ,section #ad 7#be ,u4,s4,c4 #cdac7 is amended-- 7#a7 by redesignating subsection 7b7 as subsection 7d72 7#b7 by striking the section designation and heading and all that follows through subsection 7a7 and inserting the following3 #ad4 ,administration of funds 7a7 ,requirements 7#a7 ,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 plan4 7#b7 ,separate records and audits not required ,notwithstanding any other provision of law 7including regulations and circulars of any agency 7including ,office of ,management and ,budget ,circular ,a-#acc771 an ,indian tribe or tribal organization that has in place an approved plan under this ,act shall not be required-- 7,a7 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 transferred2 7,b7 to allocate expenditures among such a program2 or 7,c7 to audit expenditures by the original source of the program4 7b7 ,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 limitation1 subject to the conditions that-- 7#a7 the funds shall be obligated or expended in accordance with the approved plan of the tribe or tribal organization2 and 7#b7 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 funds4 7c7 ,indirect costs ,notwithstanding any other provision of law1 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 ,act1 in accordance with the applicable indirect cost rate specified in the approved plan of the tribe or tribal organization4 2 and 7#c7 in subsection 7d7 7as redesignated by paragraph 7#a77-- 7,a7 by striking ,all administrative and inserting the following3 7#a7 ,in general ,all administrative 2 and 7,b7 by striking regulations7 and all that follows through the end of the subsection and inserting the following3 regulations74 7#b7 ,treatment ,the amount equal to the difference between the amount of the commingled funds and the actual administrative cost of the programs1 as described in paragraph 7#a71 shall be considered to be properly spent for ,federal audit purposes if the amount is used to achieve the purposes of this ,act4 4 #ad4 ,labor market information on ,indian work force ,section #ag 7#be ,u4,s4,c4 #cdaf7 is amended-- 7#a7 in subsection 7a71 in the first sentence-- 7,a7 by striking 1 in a consistent and reliable manner12 and 7,b7 by striking 1 by gender12 and 7#b7 in subsection 7b7-- 7,a7 in the first sentence-- 7i7 by striking and the ,national ,center for ,native ,american ,studies and ,policy ,development authorized by ,public ,law #aja-cja12 and 7ii7 by striking and ,alaska ,native population throughout the entire ,united ,states and inserting throughout the ,united ,states2 7,b7 in the second sentence1 by inserting 1 tribal organizations1 after ,indian tribes2 and 7,c7 by striking the third sentence and inserting the following3 ,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 #cj1 #bjae44 #ae4 ,assignment of ,federal personnel to ,state ,indian economic development programs ,section #ah 7#be ,u4,s4,c4 #cdag7 is amended-- 7#a7 by inserting or tribal organizations after ,indian tribes2 and 7#b7 by striking #aigj1 may deem and inserting #aigj 7#db ,u4,s4,c4 #dgja et seq471 determines to be4 #af4 ,repeals2 conforming amendments 7a7 ,repeals ,sections #ae and #af 7#be ,u4,s4,c4 #cdad1 #cdae7 are repealed4 7b7 ,conforming amendments ,sections #ag and #ah 7#be ,u4,s4,c4 #cdaf1 #cdag7 7as amended by this ,act7 are redesignated as sections #ae and #af1 respectively4 #ag4 ,effect of ,act ,nothing in this ,act or an amendment made by this ,act-- 7#a7 affects any plan approved under the ,indian ,employment1 ,training and ,related ,services ,demonstration ,act of #aiib 7#be ,u4,s4,c4 #cdja et seq47 before the date of enactment of this ,act2 7#b7 requires any ,indian tribe or tribal organization to resubmit a plan described in paragraph 7#a72 or 7#c7 modifies the effective period of any plan described in paragraph 7#a74