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

113th CONGRESS
  1st 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 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.

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

SECTION 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.).

SEC. 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.

SEC. 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).''.

SEC. 4. INTEGRATION OF SERVICES AUTHORIZED.

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

``SEC. 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.''.

SEC. 5. PROGRAMS AFFECTED AND TRANSFER OF FUNDS.

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

``SEC. 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.).''.

SEC. 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.''.

SEC. 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).''.

SEC. 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).

SEC. 9. EMPLOYER TRAINING PLACEMENTS.

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

``SEC. 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.''.

SEC. 10. FEDERAL RESPONSIBILITIES.

    Section 11 (25 U.S.C. 3410) is amended to read as follows:

``SEC. 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.''.

SEC. 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.''.

SEC. 12. INTERAGENCY TRANSFERS OF FUNDS.

    Section 13 (25 U.S.C. 3412) is amended to read as follows:

``SEC. 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.''.

SEC. 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:

``SEC. 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.''.

SEC. 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.''.

SEC. 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''.

SEC. 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.

SEC. 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).
                                 <all>
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