II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


jbell on DSK4SPTVN1PROD with BILLS
2 

•S 1574 RS

1 SECTION 1. SHORT TITLE; REFERENCES. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Indian Employment, Training and Related Services Con4 solidation Act of 2013’’. 

5 (b) REFERENCES.—Except as otherwise expressly 

6 provided, wherever in this Act an amendment or repeal 

7 is expressed in terms of an amendment to, or repeal of, 

8 a section or other provision, the reference shall be consid9 ered to be made to a section or other provision of the In10 dian Employment, Training and Related Services Dem11 onstration Act of 1992 (25 U.S.C. 3401 et seq.). 

12 SEC. 2. STATEMENT OF PURPOSE. 

13 Section 2 (25 U.S.C. 3401) is amended— 

14 (1) by striking ‘‘The purposes of this Act are 

15 to demonstrate how Indian tribal governments can’’ 

16 and inserting ‘‘The purpose of this Act is to facili17 tate the ability of Indian tribes to’’; 

18 (2) by inserting ‘‘from diverse Federal sources’’ 

19 after ‘‘they provide’’; 

20 (3) by striking ‘‘and serve tribally-determined’’ 

21 and inserting ‘‘, serve tribally determined’’; and 

22 (4) by inserting ‘‘, reduce administrative, re23 porting, and accounting costs, and make permanent 

24 any demonstration project under any plan referred 

25 to in section 4’’ before the period at the end. 


jbell on DSK4SPTVN1PROD with BILLS
3 

•S 1574 RS

1 SEC. 3. DEFINITIONS. 

2 Section 3 (25 U.S.C. 3402) is amended by adding 

3 at the end the following: 

4 ‘‘(5) TRIBAL ORGANIZATION.—The term ‘tribal 

5 organization’ has the meaning given the term in sec6 tion 4 of the Indian Self-Determination and Edu7 cation Assistance Act (25 U.S.C. 450b).’’. 

8 SEC. 4. INTEGRATION OF SERVICES AUTHORIZED. 

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

10 follows: 

11 ‘‘SEC. 4. INTEGRATION OF SERVICES AUTHORIZED. 

12 ‘‘(a) AUTHORIZATION.—The Secretary shall, in co13 operation with the Attorney General, the Secretary of Ag14 riculture, the Secretary of Commerce, the Secretary of 

15 Education, the Secretary of Energy, the Secretary of 

16 Health and Human Services, the Secretary of Homeland 

17 Security, the Secretary of Housing and Urban Develop18 ment, the Secretary of Labor, the Secretary of Transpor19 tation, and the Secretary of Veterans Affairs, after the 

20 Secretary approves a plan submitted by an Indian tribe 

21 or tribal organization under section 8, authorize the In22 dian tribe or tribal organization, as applicable, to coordi23 nate, in accordance with the plan, Federally funded em24 ployment, training, and related services programs in a 

25 manner that integrates the programs into a consolidated 

26 and comprehensive program. 


jbell on DSK4SPTVN1PROD with BILLS
4 

•S 1574 RS

1 ‘‘(b) SINGLE INTEGRATED PLAN.—Consistent with 

2 section 8, after the Secretary approves a plan submitted 

3 by an Indian tribe or tribal organization, the Indian tribe 

4 or tribal organization shall not be required to submit any 

5 additional budget, report, audit, supplemental audit, or 

6 other documentation.’’. 

7 SEC. 5. PROGRAMS AFFECTED AND TRANSFER OF FUNDS. 

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

9 follows: 

10 ‘‘SEC. 5. PROGRAMS AFFECTED. 

11 ‘‘(a) IN GENERAL.—The programs that may be inte12 grated into a project under a plan described in section 4 

13 shall include— 

14 ‘‘(1) any program under which an Indian tribe 

15 or tribal organization is eligible for receipt of funds 

16 under a statutory or administrative formula; 

17 ‘‘(2) any funds to which an Indian tribe, tribal 

18 organization, or members of an Indian tribe or tribal 

19 organization may be under Federal law; 

20 ‘‘(3) any funds an Indian tribe or tribal organi21 zation may secure as a result of a competitive proc22 ess, a noncompetitive process, or a specific designa23 tion; and 

24 ‘‘(4) any program under which block grant 

25 funds may be provided to an Indian tribe or tribal 


jbell on DSK4SPTVN1PROD with BILLS
5 

•S 1574 RS

1 organization, regardless of whether the block grant 

2 is for the benefit of the Indian tribe or tribal organi3 zation because of the status of the Indian tribe or 

4 tribal organization or the status of the beneficiaries 

5 the grant serves, that are made available for the 

6 purposes of— 

7 ‘‘(A) job training; 

8 ‘‘(B) welfare to work and tribal work expe9 rience; 

10 ‘‘(C) creating or enhancing employment 

11 opportunities; 

12 ‘‘(D) higher education; 

13 ‘‘(E) skill development; 

14 ‘‘(F) assisting Indian youth and adults to 

15 succeed in the workforce; 

16 ‘‘(G) encouraging self-sufficiency; 

17 ‘‘(H) familiarizing individual participants 

18 with the world of work; 

19 ‘‘(I) facilitating the creation of job oppor20 tunities; and 

21 ‘‘(J) any services related to the activities 

22 described in subparagraphs (A) through (I). 

23 ‘‘(b) TRANSFER OF FUNDS.—Notwithstanding any 

24 other provision of law, all funds for programs and services 

25 covered by an approved plan shall, at the request of the 


jbell on DSK4SPTVN1PROD with BILLS
6 

•S 1574 RS

1 Indian tribe or tribal organization, be transferred to the 

2 Indian tribe or tribal organization pursuant to an existing 

3 contract, compact, or funding agreement awarded pursu4 ant to the title I or IV of the Indian Self-Determination 

5 and Education Assistance Act (25 U.S.C. 450 et seq.).’’. 

6 SEC. 6. PLAN REVIEW; WAIVER AUTHORITY; AND DISPUTE 

7 RESOLUTION. 

8 Section 7 (25 U.S.C. 3406) is amended to read as 

9 follows: 

10 ‘‘(a) IN GENERAL.—Upon receipt of a plan from an 

11 Indian tribe or tribal organization, the Secretary shall con12 sult with— 

13 ‘‘(1) the head of each Federal agency providing 

14 funds to be used to implement the plan; and 

15 ‘‘(2) the Indian tribe or tribal organization that 

16 submitted the plan. 

17 ‘‘(b) IDENTIFICATION OF WAIVERS.—The parties de18 scribed in subsection (a) shall identify any waivers of ap19 plicable statutory, regulatory, or administrative require20 ments, or of Federal agency policies or procedures nec21 essary to enable the Indian tribe or tribal organization to 

22 efficiently implement the plan. 

23 ‘‘(c) TRIBAL WAIVER REQUEST.—In consultation 

24 with the Secretary, a participating Indian tribe or tribal 

25 organization may request the head of each affected agency 


jbell on DSK4SPTVN1PROD with BILLS
7 

•S 1574 RS

1 to waive any statutory, regulatory, administrative require2 ment, policy, or procedure identified subsection (b). 

3 ‘‘(d) WAIVER AUTHORITY.— 

4 ‘‘(1) IN GENERAL.—Except as provided in para5 graph (2), notwithstanding any other provision of 

6 law, the head of each affected agency shall waive 

7 any applicable statutory, regulatory, administrative 

8 requirement, regulation, policy, or procedure promul9 gated by the agency that has been identified by the 

10 parties under subparagraph (b). 

11 ‘‘(2) EXCEPTION.—The head of an affected 

12 agency shall not grant a waiver under paragraph (1) 

13 if the head of the affected agency determines that a 

14 waiver will be inconsistent with the purposes of this 

15 Act. 

16 ‘‘(e) DECISION ON WAIVER REQUEST.— 

17 ‘‘(1) IN GENERAL.—Not later than 90 days 

18 after the head of an affected agency receives a waiv19 er request, the head of the affected agency shall de20 cide whether to grant or deny the request. 

21 ‘‘(2) DENIAL OF REQUEST.—If the head of the 

22 affected agency denies a waiver request, not later 

23 than 90 days after the date on which the denial is 

24 made, the head of the affected agency shall provide 

25 the requesting Indian tribe or tribal organization 


jbell on DSK4SPTVN1PROD with BILLS
8 

•S 1574 RS

1 and the Secretary with written notice of the denial 

2 and the reasons for the denial. 

3 ‘‘(3) FAILURE TO ACT ON REQUEST.—If the 

4 head of an affected agency does not make a decision 

5 under paragraph (1) within 90 days after the date 

6 on which the head of the affected agency receives 

7 the waiver request, the request shall be granted. 

8 ‘‘(f) SECRETARIAL REVIEW.—If the head of an af9 fected agency denies a waiver request under subsection 

10 (e)(2), not later than 10 days after the date on which the 

11 request is denied, the Secretary shall review the denial and 

12 determine whether granting the waiver— 

13 ‘‘(1) will be inconsistent with the provisions of 

14 the Act; or 

15 ‘‘(2) will prevent the affected agency from ful16 filling its obligations under the Act. 

17 ‘‘(g) INTERAGENCY DISPUTE RESOLUTION.— 

18 ‘‘(1) IN GENERAL.—Not later than 20 days 

19 after the date on which the Secretary determines 

20 that granting the waiver will not be inconsistent 

21 with the provisions of the Act and would not prevent 

22 the lead agency from fulfilling its obligations under 

23 the Act, the Secretary shall establish and initiate an 

24 interagency dispute resolution process involving— 

25 ‘‘(A) the Secretary; 


jbell on DSK4SPTVN1PROD with BILLS
9 

•S 1574 RS

1 ‘‘(B) the participating Indian tribe or trib2 al organization; and 

3 ‘‘(C) the head of the affected agency. 

4 ‘‘(2) DURATION.—A dispute subject to para5 graph (1) shall be resolved not later than 30 days 

6 after the date on which the process is initiated. 

7 ‘‘(h) FINAL AUTHORITY.—If the dispute resolution 

8 process fails to resolve the dispute between a participating 

9 Indian tribe or tribal organization and an affected agency, 

10 the head of the affected agency shall have the final author11 ity to resolve the dispute. 

12 ‘‘(i) FINAL DECISION.—Not later than 10 days after 

13 the date on which the dispute is resolved under this sec14 tion, the Secretary shall inform the requesting Indian tribe 

15 or tribal organization— 

16 ‘‘(1) the final decision on the waiver request; 

17 and 

18 ‘‘(2) notice of the right to file an appeal to the 

19 final decision in an appropriate district court of the 

20 United States.’’. 

21 SEC. 7. PLAN APPROVAL; SECRETARIAL AUTHORITY; RE22 VIEW OF DECISION. 

23 Section 8 (25 U.S.C. 3407) is amended to read as 

24 follows: 


jbell on DSK4SPTVN1PROD with BILLS
10 

•S 1574 RS

1 ‘‘(a) PLAN REQUIREMENTS.—A plan submitted to 

2 the Secretary for approval under this Act shall— 

3 ‘‘(1) identify the programs to be integrated and 

4 consolidated; 

5 ‘‘(2) be consistent with the purposes of this Act; 

6 ‘‘(3) describe— 

7 ‘‘(A) a comprehensive strategy identifying 

8 the full range of potential employment opportu9 nities on and near the service area of the In10 dian tribe or tribal organization; 

11 ‘‘(B) the education, training, and related 

12 services to be provided to assist Indians to ac13 cess those employment opportunities; 

14 ‘‘(C) the way in which services are to be 

15 integrated, consolidated, and delivered; and 

16 ‘‘(D) the results expected from the plan; 

17 ‘‘(4) identify the projected expenditures under 

18 the plan in a single budget covering all consolidated 

19 funds; 

20 ‘‘(5) identify any agency of the Indian tribe or 

21 tribal organization to be involved in the delivery of 

22 the services integrated under the plan; 

23 ‘‘(6) identify any statutory provisions, regula24 tions, policies, or procedures that the Indian tribe or 


jbell on DSK4SPTVN1PROD with BILLS
11 

•S 1574 RS

1 tribal organization believes need to be waived to im2 plement the plan; and 

3 ‘‘(7) be approved by the governing body of the 

4 Indian tribe or tribal organization. 

5 ‘‘(b) EXCLUSIVE AUTHORITY OF THE SECRETARY.— 

6 The Secretary shall have exclusive authority to approve 

7 or disapprove a plan submitted by an Indian tribe or tribal 

8 organization in accordance with section 7. 

9 ‘‘(c) APPROVAL PROCESS.— 

10 ‘‘(1) IN GENERAL.—Not later than 90 days 

11 after the date on which the Secretary receives a 

12 plan, the Secretary shall approve or deny the plan, 

13 including any request for a waiver that is made as 

14 part of the plan. 

15 ‘‘(2) APPROVAL.—If the Secretary approves a 

16 plan under paragraph (1), the Secretary shall au17 thorize the transfer of funds under the plan. 

18 ‘‘(3) DENIAL.—If the Secretary denies the plan 

19 under paragraph (1), the Secretary shall provide to 

20 the Indian tribe or tribal organization a written noti21 fication of disapproval of the plan that contains a 

22 specific finding that clearly demonstrates that, or 

23 that is supported by a controlling legal authority, 

24 the plan does not meet the requirements set forth in 

25 subsection (a). 


jbell on DSK4SPTVN1PROD with BILLS
12 

•S 1574 RS

1 ‘‘(4) FAILURE TO ACT.—If the Secretary does 

2 not make a decision under paragraph (1) within 90 

3 days after the date on which the Secretary receives 

4 the plan, the plan shall be approved. 

5 ‘‘(d) EXTENSION OF TIME.—Notwithstanding any 

6 other provision of law, the Secretary may extend or other7 wise alter the 90-day period specified in subsection (c)(1) 

8 above, if before the expiration of the period, the Secretary 

9 obtains the express written consent of the Indian tribe or 

10 tribal organization to extend or alter the period for up to 

11 90 additional days. 

12 ‘‘(e) APPLICABILITY.—If the Secretary denies the 

13 plan under subsection (c)(1), the following shall apply: 

14 ‘‘(1) Subsections (b) and (e) of section 102 of 

15 the Indian Self-Determination Act (25 U.S.C. 450f). 

16 ‘‘(2) Subsections (a) and (c) of section 110 of 

17 that Act (25 U.S.C. 450m–1).’’. 

18 SEC. 8. JOB CREATION ACTIVITIES AUTHORIZED. 

19 Section 9 (25 U.S.C. 3408) is amended— 

20 (1) in subsection (a)— 

21 (A) by striking ‘‘a tribal government may’’ 

22 and inserting ‘‘an Indian tribe or tribal organi23 zation may’’; 


jbell on DSK4SPTVN1PROD with BILLS
13 

•S 1574 RS

1 (B) by striking ‘‘tribal government or of 

2 individual Indian people’’ and inserting ‘‘Indian 

3 tribes, tribal organizations, or Indians’’; and 

4 (C) by striking ‘‘an overall regional eco5 nomic activity which has a reasonable likelihood 

6 of success and consistent with the purposes spe7 cifically applicable to Indian programs in the 

8 statute under which the funds are authorized’’ 

9 and inserting ‘‘the plan’’; 

10 (2) by striking subsection (b) and inserting the 

11 following: 

12 ‘‘(b) JOB CREATION OPPORTUNITIES.—Notwith13 standing any other provision of law, including any require14 ment of a program that is integrated under a plan under 

15 this Act, an Indian tribe or tribal organization may use 

16 the funds made available under this Act for the creation 

17 of employment opportunities, including providing private 

18 sector training placement under section 10.’’; and 

19 (3) by striking subsection (c). 

20 SEC. 9. EMPLOYER TRAINING PLACEMENTS. 

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

22 follows: 

23 ‘‘SEC. 10. EMPLOYER TRAINING PLACEMENTS. 

24 ‘‘(a) IN GENERAL.—Subject to subsection (b), an In25 dian tribe or tribal organization that has in place an apVerDate Mar 15 2010 00:58 Aug 27, 2014 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6401 E:\BILLS\S1574.RS S1574

jbell on DSK4SPTVN1PROD with BILLS
14 

•S 1574 RS

1 proved plan under this Act may use the funds made avail2 able under the plan— 

3 ‘‘(1) to place participants in training positions 

4 with employers; and 

5 ‘‘(2) to pay the participants a training allow6 ance or wage for a training period of not more than 

7 1 year. 

8 ‘‘(b) REQUIREMENTS.—An Indian tribe or tribal or9 ganization may carry out subsection (a) only if the tribe 

10 or tribal organization enters into a written agreement with 

11 each applicable employer under which the employer shall 

12 agree— 

13 ‘‘(1) to provide on-the-job training to the par14 ticipants; and 

15 ‘‘(2) on satisfactory completion of the training 

16 period described in subsection (a)(2), to prioritize 

17 the provision of permanent employment to the par18 ticipants.’’. 

19 SEC. 10. FEDERAL RESPONSIBILITIES. 

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

21 follows: 

22 ‘‘SEC. 11. FEDERAL RESPONSIBILITIES. 

23 ‘‘(a) LEAD AGENCY.— 

24 ‘‘(1) IN GENERAL.—Notwithstanding any other 

25 provision of law, the lead agency for each program 


jbell on DSK4SPTVN1PROD with BILLS
15 

•S 1574 RS

1 carried out under this Act shall be the Bureau of In2 dian Affairs. 

3 ‘‘(2) INCLUSIONS.—The responsibilities of the 

4 Director of the Bureau of Indian Affairs in carrying 

5 out this Act shall include— 

6 ‘‘(A) the development of a single model re7 port for each Indian tribe and tribal organiza8 tion that has in place an approved plan under 

9 this Act to submit to the Director reports on 

10 any consolidated activities undertaken and joint 

11 expenditures made under the plan; 

12 ‘‘(B) the provision, directly or through con13 tract, of appropriate voluntary and technical as14 sistance to participating tribes and tribal orga15 nizations; 

16 ‘‘(C) the development and use of a single 

17 monitoring and oversight system for plans ap18 proved under this Act; 

19 ‘‘(D)(i) the receipt of all funds covered by 

20 a plan approved under this Act; and 

21 ‘‘(ii) distribution of the funds to the re22 spective Indian tribes and tribal organizations 

23 by not later than 20 days after the date of re24 ceipt of the funds from the appropriate Federal 

25 department or agency; and 


jbell on DSK4SPTVN1PROD with BILLS
16 

•S 1574 RS

1 ‘‘(E)(i) the performance of activities de2 scribed in section 7 relating to agency waivers; 

3 and 

4 ‘‘(ii) the establishment of an interagency 

5 dispute resolution process. 

6 ‘‘(3) INCORPORATION OF SELF-DETERMINA7 TION.— 

8 ‘‘(A) IN GENERAL.—At the election of an 

9 Indian tribe or tribal organization that has in 

10 place an approved plan under this Act, the plan 

11 may incorporate any provision of the Indian 

12 Self-Determination Act (25 U.S.C. 450f et 

13 seq.). 

14 ‘‘(B) EFFECT.—On incorporation of a pro15 vision under subparagraph (A), the provision 

16 shall have the same force and effect as if incor17 porated in this Act. 

18 ‘‘(4) MEMORANDUM OF AGREEMENT.— 

19 ‘‘(A) IN GENERAL.—Not later than 1 year 

20 after the date of enactment of the Indian Em21 ployment, Training and Related Services Con22 solidation Act of 2013, the Secretary (acting 

23 through the Director of the Bureau of Indian 

24 Affairs), in conjunction with the Secretaries of 

25 Agriculture, Commerce, Education, Energy, 


jbell on DSK4SPTVN1PROD with BILLS
17 

•S 1574 RS

1 Health and Human Services, Homeland Secu2 rity, Housing and Urban Development, Labor, 

3 Transportation, and Veterans Affairs and the 

4 Attorney General, shall enter into an inter5 departmental memorandum of agreement pro6 viding for the implementation of this Act. 

7 ‘‘(B) INCLUSIONS.—The memorandum of 

8 agreement under subparagraph (A) shall in9 clude provisions relating to— 

10 ‘‘(i) an annual meeting of partici11 pating Indian tribes, tribal organizations, 

12 and Federal departments and agencies, to 

13 be cochaired by— 

14 ‘‘(I) a representative of the Presi15 dent; and 

16 ‘‘(II) a representative of the par17 ticipating tribes and tribal organiza18 tions; 

19 ‘‘(ii) an annual review of the achieve20 ments under this Act and any statutory, 

21 regulatory, administrative, or policy obsta22 cles that prevent participating Indian 

23 tribes or tribal organizations from fully 

24 and efficiently carrying out the purposes of 

25 this Act; and 


jbell on DSK4SPTVN1PROD with BILLS
18 

•S 1574 RS

1 ‘‘(iii) a forum comprised of partici2 pating Indian tribes, tribal organizations, 

3 and Federal departments and agencies to 

4 identify and resolve interagency conflicts 

5 and conflicts between the Federal Govern6 ment and Indian tribes or tribal organiza7 tions in the administration of this Act. 

8 ‘‘(b) REPORT FORMAT.— 

9 ‘‘(1) IN GENERAL.—The Secretary shall develop 

10 and distribute to Indian tribes and tribal organiza11 tions that have in place an approved plan under this 

12 Act a single report format, in accordance with the 

13 requirements of this Act. 

14 ‘‘(2) REQUIREMENTS.—The Secretary shall en15 sure that the report format developed under para16 graph (1), together with records maintained by each 

17 participating Indian tribe or tribal organization, con18 tains information sufficient— 

19 ‘‘(A) to determine whether the tribe or 

20 tribal organization has complied with the re21 quirements of the approved plan of the tribe or 

22 tribal organization; and 

23 ‘‘(B) to provide assurances to the head of 

24 each applicable Federal department or agency 

25 that the tribe or tribal organization has comVerDate Mar 15 2010 00:58 Aug 27, 2014 Jkt 039200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6401 E:\BILLS\S1574.RS S1574

jbell on DSK4SPTVN1PROD with BILLS
19 

•S 1574 RS

1 plied with all directly applicable statutory and 

2 regulatory requirements. 

3 ‘‘(3) LIMITATION.—The report format devel4 oped under paragraph (1) shall not require a partici5 pating Indian tribe or tribal organization to report 

6 on the expenditure of funds (expressed by fund 

7 source or single agency code) transferred to the tribe 

8 or tribal organization under an approved plan under 

9 this Act.’’. 

10 SEC. 11. NO REDUCTION IN AMOUNTS. 

11 Section 12 (25 U.S.C. 3411) is amended by striking 

12 ‘‘a tribal government’’ and all that follows through the end 

13 of the section and inserting the following: ‘‘an Indian tribe 

14 or tribal organization that has in place an approved plan 

15 under this Act be reduced as a result of— 

16 ‘‘(1) the enactment of this Act; or 

17 ‘‘(2) the approval or implementation of a plan 

18 under this Act.’’. 

19 SEC. 12. INTERAGENCY TRANSFERS OF FUNDS. 

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

21 follows: 

22 ‘‘SEC. 13. INTERAGENCY TRANSFERS OF FUNDS. 

23 ‘‘Notwithstanding any other provision of law, not 

24 later than 20 days after the date of apportionment to the 

25 applicable department or agency, the Secretary, together 


jbell on DSK4SPTVN1PROD with BILLS
20 

•S 1574 RS

1 with the Secretaries of Agriculture, Commerce, Education, 

2 Energy, Health and Human Services, Homeland Security, 

3 Housing and Urban Development, Labor, Transportation, 

4 and Veterans Affairs and the Attorney General, as appro5 priate, may transfer to the Director of the Bureau of In6 dian Affairs, for distribution to an Indian tribe or tribal 

7 organization that has in place an approved plan under this 

8 Act, any funds otherwise available to the applicable de9 partment or agency to achieve the purposes of this Act.’’. 

10 SEC. 13. ADMINISTRATION OF FUNDS. 

11 Section 14 (25 U.S.C. 3413) is amended— 

12 (1) by redesignating subsection (b) as sub13 section (d); 

14 (2) by striking the section designation and 

15 heading and all that follows through subsection (a) 

16 and inserting the following: 

17 ‘‘SEC. 14. ADMINISTRATION OF FUNDS. 

18 ‘‘(a) REQUIREMENTS.— 

19 ‘‘(1) IN GENERAL.—The amounts used to carry 

20 out a plan approved under this Act shall be adminis21 tered in such manner as the Secretary determines to 

22 be appropriate to ensure the amounts are spent on 

23 activities authorized under the plan. 

24 ‘‘(2) SEPARATE RECORDS AND AUDITS NOT RE25 QUIRED.—Notwithstanding any other provision of 


jbell on DSK4SPTVN1PROD with BILLS
21 

•S 1574 RS

1 law (including regulations and circulars of any agen2 cy (including Office of Management and Budget Cir3 cular A–133)), an Indian tribe or tribal organization 

4 that has in place an approved plan under this Act 

5 shall not be required— 

6 ‘‘(A) to maintain separate records that 

7 trace any service or activity conducted under 

8 the approved plan to the program for which the 

9 funds were initially authorized or transferred; 

10 ‘‘(B) to allocate expenditures among such 

11 a program; or 

12 ‘‘(C) to audit expenditures by the original 

13 source of the program. 

14 ‘‘(b) CARRYOVER.—Any funds transferred to an In15 dian tribe or tribal organization under this Act that are 

16 not obligated or expended prior to the beginning of the 

17 fiscal year after the fiscal year for which the funds were 

18 appropriated shall remain available for obligation or ex19 penditure without fiscal year limitation, subject to the con20 ditions that— 

21 ‘‘(1) the funds shall be obligated or expended in 

22 accordance with the approved plan of the tribe or 

23 tribal organization; and 

24 ‘‘(2) the tribe or tribal organization shall not be 

25 required to provide any additional justification or 


jbell on DSK4SPTVN1PROD with BILLS
22 

•S 1574 RS

1 documentation of the purposes of the approved plan 

2 as a condition of receiving or expending the funds. 

3 ‘‘(c) INDIRECT COSTS.—Notwithstanding any other 

4 provision of law, an Indian tribe or tribal organization 

5 shall be entitled to recover the entire amount of indirect 

6 costs associated with any funds transferred to the tribe 

7 or tribal organization under this Act, in accordance with 

8 the applicable indirect cost rate specified in the approved 

9 plan of the tribe or tribal organization.’’; and 

10 (3) in subsection (d) (as redesignated by para11 graph (1))— 

12 (A) by striking ‘‘All administrative’’ and 

13 inserting the following: 

14 ‘‘(1) IN GENERAL.—All administrative’’; and 

15 (B) by striking ‘‘regulations)’’ and all that 

16 follows through the end of the subsection and 

17 inserting the following: ‘‘regulations). 

18 ‘‘(2) TREATMENT.—The amount equal to the 

19 difference between the amount of the commingled 

20 funds and the actual administrative cost of the pro21 grams, as described in paragraph (1), shall be con22 sidered to be properly spent for Federal audit pur23 poses if the amount is used to achieve the purposes 

24 of this Act.’’. 


jbell on DSK4SPTVN1PROD with BILLS
23 

•S 1574 RS

1 SEC. 14. LABOR MARKET INFORMATION ON INDIAN WORK 

2 FORCE. 

3 Section 17 (25 U.S.C. 3416) is amended— 

4 (1) in subsection (a), in the first sentence— 

5 (A) by striking ‘‘, in a consistent and reli6 able manner,’’; and 

7 (B) by striking ‘‘, by gender,’’; and 

8 (2) in subsection (b)— 

9 (A) in the first sentence— 

10 (i) by striking ‘‘and the National Cen11 ter for Native American Studies and Policy 

12 Development authorized by Public Law 

13 101–301,’’; and 

14 (ii) by striking ‘‘and Alaska Native 

15 population throughout the entire United 

16 States’’ and inserting ‘‘throughout the 

17 United States’’; 

18 (B) in the second sentence, by inserting ‘‘, 

19 tribal organizations,’’ after ‘‘Indian tribes’’; and 

20 (C) by striking the third sentence and in21 serting the following: ‘‘The report under this 

22 subsection shall be submitted to the Committee 

23 on Indian Affairs of the Senate and the Com24 mittees on Natural Resources and Education 

25 and Labor of the House of Representatives by 

26 not later than October 30, 2015.’’. 


jbell on DSK4SPTVN1PROD with BILLS
24 

•S 1574 RS

1 SEC. 15. ASSIGNMENT OF FEDERAL PERSONNEL TO STATE 

2 INDIAN ECONOMIC DEVELOPMENT PRO3 GRAMS. 

4 Section 18 (25 U.S.C. 3417) is amended— 

5 (1) by inserting ‘‘or tribal organizations’’ after 

6 ‘‘Indian tribes’’; and 

7 (2) by striking ‘‘1970, may deem’’ and inserting 

8 ‘‘1970 (42 U.S.C. 4701 et seq.), determines to be’’. 

9 SEC. 16. REPEALS; CONFORMING AMENDMENTS. 

10 (a) REPEALS.—Sections 15 and 16 (25 U.S.C. 3414, 

11 3415) are repealed. 

12 (b) CONFORMING AMENDMENTS.—Sections 17 and 

13 18 (25 U.S.C. 3416, 3417) (as amended by this Act) are 

14 redesignated as sections 15 and 16, respectively. 

15 SEC. 17. EFFECT OF ACT. 

16 Nothing in this Act or an amendment made by this 

17 Act— 

18 (1) affects any plan approved under the Indian 

19 Employment, Training and Related Services Dem20 onstration Act of 1992 (25 U.S.C. 3401 et seq.) be21 fore the date of enactment of this Act; 

22 (2) requires any Indian tribe or tribal organiza23 tion to resubmit a plan described in paragraph (1); 

24 or 

25 (3) modifies the effective period of any plan de26 scribed in paragraph (1). 


jbell on DSK4SPTVN1PROD with BILLS
25 

•S 1574 RS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Indian Employment, 

3 Training and Related Services Consolidation Act of 2014’’. 

4 SEC. 2. AMENDMENT OF SHORT TITLE. 

5 (a) IN GENERAL.—Section 1 of the Indian Employ6 ment, Training and Related Services Demonstration Act of 

7 1992 (25 U.S.C. 3401 note; 106 Stat. 2302) is amended 

8 to read as follows: 

9 ‘‘SECTION 1. SHORT TITLE. 

10 ‘‘This Act may be cited as the ‘Indian Employment, 

11 Training and Related Services Act of 1992’.’’. 

12 (b) REFERENCES.—Any reference in law to the ‘‘In13 dian Employment, Training and Related Services Dem14 onstration Act of 1992’’ shall be deemed to be a reference 

15 to the ‘‘Indian Employment, Training and Related Services 

16 Act of 1992’’. 

17 SEC. 3. STATEMENT OF PURPOSE. 

18 Section 2 of the Indian Employment, Training and 

19 Related Services Act of 1992 (25 U.S.C. 3401) is amend20 ed— 

21 (1) by striking ‘‘The purposes of this Act are to 

22 demonstrate how Indian tribal governments can’’ and 

23 inserting ‘‘The purpose of this Act is to facilitate the 

24 ability of Indian tribes and tribal organizations to’’; 

25 (2) by inserting ‘‘from diverse Federal sources’’ 

26 after ‘‘they provide’’; 


jbell on DSK4SPTVN1PROD with BILLS
26 

•S 1574 RS

1 (3) by striking ‘‘and serve tribally-determined’’ 

2 and inserting ‘‘, and serve tribally determined’’; and 

3 (4) by inserting ‘‘, while reducing administra4 tive, reporting, and accounting costs’’ after ‘‘policy of 

5 self-determination’’. 

6 SEC. 4. DEFINITIONS. 

7 Section 3 of the Indian Employment, Training, and 

8 Related Services Act of 1992 (25 U.S.C. 3402) is amend9 ed— 

10 (1) by striking paragraph (2) and inserting the 

11 following: 

12 ‘‘(2) INDIAN TRIBE.— 

13 ‘‘(A) IN GENERAL.—The terms ‘Indian 

14 tribe’ and ‘tribe’ have the meaning given the 

15 term ‘Indian tribe’ in section 4 of the Indian 

16 Self-Determination and Education Assistance 

17 Act (25 U.S.C. 450b). 

18 ‘‘(B) INCLUSION.—The term ‘Indian tribe’ 

19 includes tribal organizations (as defined in sec20 tion 4 of the Indian Self-Determination and 

21 Education Assistance Act (25 U.S.C. 450b).’’; 

22 (2) by redesignating paragraph (4) as para23 graph (5); and 

24 (3) by inserting after paragraph (3) the fol25 lowing: 


jbell on DSK4SPTVN1PROD with BILLS
27 

•S 1574 RS

1 ‘‘(4) PROGRAM.—The term ‘program’ means a 

2 program described in section 5(a).’’. 

3 SEC. 5. INTEGRATION OF SERVICES AUTHORIZED. 

4 Section 4 of the Indian Employment, Training and 

5 Related Services Act of 1992 (25 U.S.C. 3403) is amended 

6 to read as follows: 

7 ‘‘SEC. 4. INTEGRATION OF SERVICES AUTHORIZED. 

8 ‘‘The Secretary shall, after approving a plan submitted 

9 by an Indian tribe in accordance with section 8, authorize 

10 the Indian tribe to, in accordance with the plan— 

11 ‘‘(1) integrate the programs and Federal funds 

12 received by the Indian tribe; and 

13 ‘‘(2) coordinate the employment, training, and 

14 related services provided with those funds in a con15 solidated and comprehensive tribal plan.’’. 

16 SEC. 6. PROGRAMS AFFECTED AND TRANSFER OF FUNDS. 

17 Section 5 of the Indian Employment, Training and 

18 Related Services Act of 1992 (25 U.S.C. 3404) is amended 

19 to read as follows: 

20 ‘‘SEC. 5. PROGRAMS AFFECTED. 

21 ‘‘(a) PROGRAMS AFFECTED.— 

22 ‘‘(1) IN GENERAL.—The programs that may be 

23 integrated pursuant to a plan approved under section 

24 8 shall be only programs— 

25 ‘‘(A) implemented for the purpose of— 


jbell on DSK4SPTVN1PROD with BILLS
28 

•S 1574 RS

1 ‘‘(i) job training; 

2 ‘‘(ii) welfare to work and tribal work 

3 experience; 

4 ‘‘(iii) creating or enhancing employ5 ment opportunities; 

6 ‘‘(iv) higher education; 

7 ‘‘(v) skill development; 

8 ‘‘(vi) assisting Indian youth and 

9 adults to succeed in the workforce; 

10 ‘‘(vii) encouraging self-sufficiency; 

11 ‘‘(viii) familiarizing individual par12 ticipants with the world of work; 

13 ‘‘(ix) facilitating the creation of job op14 portunities; 

15 ‘‘(x) economic development; or 

16 ‘‘(xi) any services related to the activi17 ties described in clauses (i) through (x); and 

18 ‘‘(B) under which an Indian tribe or mem19 bers of an Indian tribe— 

20 ‘‘(i) are eligible to receive funds— 

21 ‘‘(I) under a statutory or admin22 istrative formula making funds avail23 able to an Indian tribe; or 

24 ‘‘(II) due to their status as Indi25 ans under Federal law; or 


jbell on DSK4SPTVN1PROD with BILLS
29 

•S 1574 RS

1 ‘‘(ii) have secured funds as a result of 

2 a competitive process, a noncompetitive 

3 process, or a specific designation. 

4 ‘‘(2) TREATMENT OF BLOCK GRANT FUNDS.—For 

5 purposes of this section, programs funded by block 

6 grant funds provided to an Indian tribe, regardless of 

7 whether the block grant is for the benefit of the Indian 

8 tribe because of the status of the Indian tribe or the 

9 status of the beneficiaries the grant serves, shall be eli10 gible to be integrated into the plan. 

11 ‘‘(b) INVENTORY OF AFFECTED PROGRAMS.— 

12 ‘‘(1) IN GENERAL.—The Comptroller General of 

13 the United States shall— 

14 ‘‘(A) assess the programs of the Department 

15 of the Interior, the Department of Health and 

16 Human Services, the Department of Labor, the 

17 Department of Justice, the Department of Agri18 culture, the Department of Commerce, the De19 partment of Education, the Department of En20 ergy, the Department of Homeland Security, the 

21 Department of Housing and Urban Develop22 ment, the Department of Transportation, and the 

23 Department of Veteran Affairs; and 

24 ‘‘(B) not later than 180 days after the date 

25 of enactment of this subsection, develop an invenVerDate Mar 15 2010 00:58 Aug 27, 2014 Jkt 039200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6203 E:\BILLS\S1574.RS S1574

jbell on DSK4SPTVN1PROD with BILLS
30 

•S 1574 RS

1 tory of all programs of the departments referred 

2 to in subparagraph (A) that meet the criteria of 

3 a program under subsection (a). 

4 ‘‘(2) INCLUSION OF PROGRAMS IN TRIBAL

5 PLAN.—Notwithstanding any other provision of law, 

6 an Indian tribe may include in the plan— 

7 ‘‘(A) any program identified by the Comp8 troller General of the United States in the inven9 tory under paragraph (1); and 

10 ‘‘(B) any program not identified by the 

11 Comptroller General of the United States in the 

12 inventory under paragraph (1) at the discretion 

13 of the Secretary.’’. 

14 SEC. 7. PLAN REQUIREMENTS. 

15 Section 6 of the Indian Employment, Training and 

16 Related Services Act of 1992 (25 U.S.C. 3405) is amended 

17 to read as follows: 

18 ‘‘SEC. 6. PLAN REQUIREMENTS. 

19 ‘‘A plan submitted to the Secretary for approval under 

20 this Act shall— 

21 ‘‘(1) identify the programs to be integrated and 

22 consolidated; 

23 ‘‘(2) be consistent with the purposes of this Act; 

24 ‘‘(3) describe— 


jbell on DSK4SPTVN1PROD with BILLS
31 

•S 1574 RS

1 ‘‘(A) a comprehensive strategy identifying 

2 the full range of potential employment opportu3 nities on and near the service area of the Indian 

4 tribe; 

5 ‘‘(B) the education, training, and related 

6 services to be provided to assist Indians to access 

7 those employment opportunities; 

8 ‘‘(C) the way in which services and pro9 gram funds are to be integrated, consolidated, 

10 and delivered; and 

11 ‘‘(D) the results expected from the plan; 

12 ‘‘(4) identify the projected expenditures under 

13 the plan in a single budget covering all consolidated 

14 funds; 

15 ‘‘(5) identify any agency of the Indian tribe to 

16 be involved in the delivery of the services integrated 

17 under the plan; 

18 ‘‘(6) identify any statutory provisions, regula19 tions, policies, or procedures that the Indian tribe be20 lieves need to be waived to implement the plan; and 

21 ‘‘(7) be approved by the governing body of the 

22 Indian tribe.’’. 


jbell on DSK4SPTVN1PROD with BILLS
32 

•S 1574 RS

1 SEC. 8. PLAN REVIEW; WAIVER AUTHORITY; AND DISPUTE 

2 RESOLUTION. 

3 Section 7 of the Indian Employment, Training and 

4 Related Services Act of 1992 (25 U.S.C. 3406) is amended 

5 to read as follows: 

6 ‘‘(a) IN GENERAL.—Upon receipt of a plan from an 

7 Indian tribe, the Secretary shall consult with— 

8 ‘‘(1) the head of each Federal agency overseeing 

9 a program identified in the plan; and 

10 ‘‘(2) the Indian tribe that submitted the plan. 

11 ‘‘(b) IDENTIFICATION OF WAIVERS.—The parties iden12 tified in subsection (a) shall identify any waivers of appli13 cable statutory, regulatory, or administrative requirements, 

14 or of Federal agency policies or procedures necessary to en15 able the Indian tribe to efficiently implement the plan. 

16 ‘‘(c) TRIBAL WAIVER REQUEST.—In consultation with 

17 the Secretary, a participating Indian tribe may request 

18 that the head of each affected agency waive any statutory, 

19 regulatory, or administrative requirement, policy, or proce20 dure identified subsection (b). 

21 ‘‘(d) WAIVER AUTHORITY.— 

22 ‘‘(1) IN GENERAL.—Except as provided in para23 graph (2), notwithstanding any other provision of 

24 law, the head of each affected Federal agency shall 

25 waive any applicable statutory, regulatory, or admin26 istrative requirement, regulation, policy, or procedure 


jbell on DSK4SPTVN1PROD with BILLS
33 

•S 1574 RS

1 promulgated by the agency that has been identified by 

2 the parties under subparagraph (b). 

3 ‘‘(2) EXCEPTION.—The head of an affected Fed4 eral agency shall not grant a waiver under paragraph 

5 (1) if the head of the affected agency determines that 

6 a waiver will be inconsistent with— 

7 ‘‘(A) the purposes of this Act; or 

8 ‘‘(B) the provision of law from which the 

9 program included in the plan derives its author10 ity that is specifically applicable to Indians. 

11 ‘‘(e) DECISION ON WAIVER REQUEST.— 

12 ‘‘(1) IN GENERAL.—Not later than 90 days after 

13 the head of an affected agency receives a waiver re14 quest, the head of the affected agency shall decide 

15 whether to grant or deny the request. 

16 ‘‘(2) DENIAL OF REQUEST.—If the head of the 

17 affected agency denies a waiver request, not later than 

18 30 days after the date on which the denial is made, 

19 the head of the affected agency shall provide the re20 questing Indian tribe and the Secretary with written 

21 notice of the denial and the reasons for the denial. 

22 ‘‘(3) FAILURE TO ACT ON REQUEST.—If the head 

23 of an affected agency does not make a decision under 

24 paragraph (1) by the deadline identified in that 


jbell on DSK4SPTVN1PROD with BILLS
34 

•S 1574 RS

1 paragraph, the request shall be considered to be grant2 ed. 

3 ‘‘(f) SECRETARIAL REVIEW.—If the head of an affected 

4 agency denies a waiver request under subsection (e)(2), not 

5 later than 30 days after the date on which the request is 

6 denied, the Secretary shall review the denial and determine 

7 whether granting the waiver— 

8 ‘‘(1) will be inconsistent with the provisions of 

9 this Act; or 

10 ‘‘(2) will prevent the affected agency from ful11 filling the obligations of the affected agency under this 

12 Act. 

13 ‘‘(g) INTERAGENCY DISPUTE RESOLUTION.— 

14 ‘‘(1) IN GENERAL.—Not later than 30 days after 

15 the date on which the Secretary determines that 

16 granting the waiver will not be inconsistent with the 

17 provisions of this Act and will not prevent the af18 fected agency from fulfilling the obligations of the af19 fected agency under this Act, the Secretary shall es20 tablish and initiate an interagency dispute resolution 

21 process involving— 

22 ‘‘(A) the Secretary; 

23 ‘‘(B) the participating Indian tribe; and 

24 ‘‘(C) the head of the affected agency. 


jbell on DSK4SPTVN1PROD with BILLS
35 

•S 1574 RS

1 ‘‘(2) DURATION.—A dispute subject to paragraph 

2 (1) shall be resolved not later than 30 days after the 

3 date on which the process is initiated. 

4 ‘‘(h) FINAL AUTHORITY.—If the dispute resolution 

5 process fails to resolve the dispute between a participating 

6 Indian tribe and an affected agency, the head of the affected 

7 agency shall have the final authority to resolve the dispute. 

8 ‘‘(i) FINAL DECISION.—Not later than 10 days after 

9 the date on which the dispute is resolved under this section, 

10 the Secretary shall provide the requesting Indian tribe 

11 with— 

12 ‘‘(1) the final decision on the waiver request; and 

13 ‘‘(2) notice of the right to file an appeal in ac14 cordance with the applicable provisions described in 

15 section 8(d).’’. 

16 SEC. 9. PLAN APPROVAL; SECRETARIAL AUTHORITY; RE17 VIEW OF DECISION. 

18 Section 8 of the Indian Employment, Training and 

19 Related Services Act of 1992 (25 U.S.C. 3407) is amended 

20 to read as follows: 

21 ‘‘SEC. 8. PLAN APPROVAL; SECRETARIAL AUTHORITY; RE22 VIEW OF DECISION. 

23 ‘‘(a) IN GENERAL.—The Secretary shall have exclusive 

24 authority to approve or disapprove a plan submitted by an 

25 Indian tribe in accordance with section 6. 


jbell on DSK4SPTVN1PROD with BILLS
36 

•S 1574 RS

1 ‘‘(b) APPROVAL PROCESS.— 

2 ‘‘(1) IN GENERAL.—Not later than 90 days after 

3 the date on which the Secretary receives a plan, the 

4 Secretary shall approve or deny the plan. 

5 ‘‘(2) APPROVAL.—If the Secretary approves a 

6 plan under paragraph (1), the Secretary shall author7 ize the transfer of program funds identified in the 

8 plan in accordance with section 13. 

9 ‘‘(3) DENIAL.—If the Secretary denies the plan 

10 under paragraph (1), the Secretary shall provide to 

11 the Indian tribe a written notification of disapproval 

12 of the plan that contains a specific finding that clear13 ly demonstrates, or that is supported by a controlling 

14 legal authority, that the plan does not meet the re15 quirements described in section 6. 

16 ‘‘(4) PARTIAL APPROVAL.— 

17 ‘‘(A) IN GENERAL.—If a plan is denied 

18 under paragraph (3) solely on the basis that a 

19 request for a waiver that is part of the plan has 

20 not been approved (or is subject to dispute reso21 lution) under section 7, the Secretary shall, upon 

22 a request from the tribe, grant partial approval 

23 for those portions of the plan not affected by the 

24 request for a waiver. 


jbell on DSK4SPTVN1PROD with BILLS
37 

•S 1574 RS

1 ‘‘(B) APPROVAL AFTER RESOLUTION.—With 

2 respect to a plan described in subparagraph (A), 

3 on resolution of the request for a waiver under 

4 section 7, the Secretary shall, on a request from 

5 the tribe, approve the plan or amended plan not 

6 later than 90 days after the date on which the 

7 Secretary receives the request. 

8 ‘‘(5) FAILURE TO ACT.—If the Secretary does not 

9 make a decision under paragraph (1) within 90 days 

10 of the date on which the Secretary receives the plan, 

11 the plan shall be considered to be approved. 

12 ‘‘(c) EXTENSION OF TIME.—Notwithstanding any 

13 other provision of law, the Secretary may extend or other14 wise alter the 90-day period identified in subsection (b)(1) 

15 for not more than 90 additional days, if, before the expira16 tion of the period, the Secretary obtains the express written 

17 consent of the Indian tribe. 

18 ‘‘(d) REVIEW OF DENIAL.— 

19 ‘‘(1) PROCEDURE UPON REFUSAL TO APPROVE

20 PLAN.—If the Secretary denies a plan under sub21 section (b)(3), the Secretary shall— 

22 ‘‘(A) state any objections in writing to the 

23 Indian tribe; 

24 ‘‘(B) provide assistance to the Indian tribe 

25 to overcome the stated objections; and 


jbell on DSK4SPTVN1PROD with BILLS
38 

•S 1574 RS

1 ‘‘(C) unless the Indian tribe brings a civil 

2 action under paragraph (2), provide the Indian 

3 tribe with a hearing on the record with the right 

4 to engage in full discovery relevant to any issue 

5 raised in the matter and the opportunity for ap6 peal on the objections raised, under such rules 

7 and regulations as the Secretary may promul8 gate. 

9 ‘‘(2) CIVIL ACTIONS; CONCURRENT JURISDICTION; 

10 RELIEF.— 

11 ‘‘(A) IN GENERAL.—The district courts of 

12 the United States shall have original jurisdiction 

13 of a civil action or claim against the appro14 priate Secretary arising under this section and 

15 over any civil action or claim against the Sec16 retary for money damages arising under con17 tracts authorized by this section. 

18 ‘‘(B) ADMINISTRATIVE HEARING AND AP19 PEAL NOT REQUIRED.—An Indian tribe may 

20 bring a civil action or claim under this para21 graph without regard to whether the Indian tribe 

22 had a hearing or filed an appeal under para23 graph (1). 


jbell on DSK4SPTVN1PROD with BILLS
39 

•S 1574 RS

1 ‘‘(C) RELIEF.—In an action brought under 

2 this paragraph, the court may order appropriate 

3 relief, including— 

4 ‘‘(i) money damages; 

5 ‘‘(ii) injunctive relief against any ac6 tion by an officer or employee of the United 

7 States or any agency thereof contrary to 

8 this Act or regulations promulgated there9 under (including immediate injunctive re10 lief to reverse a denial of a plan under this 

11 section or to compel the Secretary to ap12 prove a plan); and 

13 ‘‘(iii) a writ of mandamus to compel 

14 an officer or employee of the United States, 

15 or any agency thereof, to perform a duty 

16 provided under this Act or regulations pro17 mulgated hereunder. 

18 ‘‘(3) BURDEN OF PROOF AT HEARING OR APPEAL

19 DECLINING CONTRACT; FINAL AGENCY ACTION.— 

20 ‘‘(A) IN GENERAL.—With respect to any 

21 hearing or appeal conducted under paragraph 

22 (1)(C) or any civil action brought under para23 graph (2), the Secretary shall have the burden of 

24 proving by clear and convincing evidence the vaVerDate Mar 15 2010 00:58 Aug 27, 2014 Jkt 039200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6203 E:\BILLS\S1574.RS S1574

jbell on DSK4SPTVN1PROD with BILLS
40 

•S 1574 RS

1 lidity of the grounds for denying approval of a 

2 plan (or portion thereof). 

3 ‘‘(B) AGENCY ACTION.—Notwithstanding 

4 any other provision of law, a decision by an offi5 cial of the Department of the Interior or the De6 partment of Health and Human Services, as ap7 propriate (collectively referred to in this para8 graph as the ‘Department’) that constitutes final 

9 agency action and that relates to an appeal 

10 within the Department that is conducted under 

11 paragraph (1)(C) shall be made— 

12 ‘‘(i) by an official of the Department 

13 who holds a position at a higher organiza14 tional level within the Department than the 

15 level of the departmental agency (such as 

16 the Indian Health Service or the Bureau of 

17 Indian Affairs) in which the decision that 

18 is the subject of the appeal was made; or 

19 ‘‘(ii) by an administrative judge. 

20 ‘‘(4) APPLICATION OF LAWS TO ADMINISTRATIVE

21 APPEALS.—Section 504 of title 5, United States Code, 

22 and section 2412 of title 28, United States Code, shall 

23 apply to any administrative appeals pending on or 

24 filed after October 5, 1988, by an Indian tribe regard25 ing a plan under this Act.’’. 


jbell on DSK4SPTVN1PROD with BILLS
41 

•S 1574 RS

1 SEC. 10. EMPLOYER TRAINING PLACEMENTS. 

2 Section 10 of the Indian Employment, Training and 

3 Related Services Act of 1992 (25 U.S.C. 3409) is amended 

4 to read as follows: 

5 ‘‘SEC. 10. EMPLOYER TRAINING PLACEMENTS. 

6 ‘‘(a) IN GENERAL.—Subject to subsection (b), an In7 dian tribe that has in place an approved plan under this 

8 Act may use the funds made available for the plan under 

9 this Act— 

10 ‘‘(1) to place participants in training positions 

11 with employers; and 

12 ‘‘(2) to pay the participants a training allow13 ance or wage for a training period of not more than 

14 24 months, which may be nonconsecutive. 

15 ‘‘(b) REQUIREMENTS.—An Indian tribe may carry out 

16 subsection (a) only if the Indian tribe enters into a written 

17 agreement with each applicable employer under which the 

18 employer shall agree— 

19 ‘‘(1) to provide on-the-job training to the partici20 pants; and 

21 ‘‘(2) on satisfactory completion of the training 

22 period described in subsection (a)(2), to prioritize the 

23 provision of permanent employment to the partici24 pants.’’. 


jbell on DSK4SPTVN1PROD with BILLS
42 

•S 1574 RS

1 SEC. 11. FEDERAL RESPONSIBILITIES. 

2 Section 11 of the Indian Employment, Training and 

3 Related Services Act of 1992 (25 U.S.C. 3410) is amended 

4 to read as follows: 

5 ‘‘SEC. 11. FEDERAL RESPONSIBILITIES. 

6 ‘‘(a) LEAD AGENCY.— 

7 ‘‘(1) IN GENERAL.—Notwithstanding any other 

8 provision of law, the lead agency responsible for im9 plementation of this Act shall be the Bureau of In10 dian Affairs. 

11 ‘‘(2) INCLUSIONS.—The responsibilities of the 

12 Director of the Bureau of Indian Affairs in carrying 

13 out this Act shall include— 

14 ‘‘(A) the development of a single model re15 port for each Indian tribe that has in place an 

16 approved plan under this Act to submit to the 

17 Director reports on any consolidated activities 

18 undertaken and joint expenditures made under 

19 the plan; 

20 ‘‘(B) the provision, directly or through con21 tract, of appropriate voluntary and technical as22 sistance to participating Indian tribes; 

23 ‘‘(C) the development and use of a single 

24 monitoring and oversight system for plans ap25 proved under this Act; 


jbell on DSK4SPTVN1PROD with BILLS
43 

•S 1574 RS

1 ‘‘(D)(i) the receipt of all funds covered by a 

2 plan approved under this Act; and 

3 ‘‘(ii) the distribution of the funds to the re4 spective Indian tribes by not later than 45 days 

5 after the date of receipt of the funds from the ap6 propriate Federal department or agency; and 

7 ‘‘(E)(i) the performance of activities de8 scribed in section 7 relating to agency waivers; 

9 and 

10 ‘‘(ii) the establishment of an interagency 

11 dispute resolution process. 

12 ‘‘(3) MEMORANDUM OF AGREEMENT.— 

13 ‘‘(A) IN GENERAL.—Not later than 1 year 

14 after the date of enactment of the Indian Em15 ployment, Training and Related Services Con16 solidation Act of 2014, the Secretary (acting 

17 through the Director of the Bureau of Indian Af18 fairs), in conjunction with the Secretaries of Ag19 riculture, Commerce, Education, Energy, Health 

20 and Human Services, Homeland Security, Hous21 ing and Urban Development, Labor, Transpor22 tation, and Veterans Affairs and the Attorney 

23 General, shall enter into an interdepartmental 

24 memorandum of agreement providing for the im25 plementation of this Act. 


jbell on DSK4SPTVN1PROD with BILLS
44 

•S 1574 RS

1 ‘‘(B) INCLUSIONS.—The memorandum of 

2 agreement under subparagraph (A) shall include 

3 provisions relating to— 

4 ‘‘(i) an annual meeting of partici5 pating Indian tribes and Federal depart6 ments and agencies, to be co-chaired by— 

7 ‘‘(I) a representative of the Presi8 dent; and 

9 ‘‘(II) a representative of the par10 ticipating Indian tribes; 

11 ‘‘(ii) an annual review of the achieve12 ments under this Act and any statutory, 

13 regulatory, administrative, or policy obsta14 cles that prevent participating Indian tribes 

15 from fully and efficiently carrying out the 

16 purposes of this Act; and 

17 ‘‘(iii) a forum comprised of partici18 pating Indian tribes and Federal depart19 ments and agencies to identify and resolve 

20 interagency conflicts and conflicts between 

21 the Federal Government and Indian tribes 

22 in the administration of this Act. 

23 ‘‘(b) REPORT FORMAT.— 

24 ‘‘(1) IN GENERAL.—The lead agency shall de25 velop and distribute to Indian tribes that have in 


jbell on DSK4SPTVN1PROD with BILLS
45 

•S 1574 RS

1 place an approved plan under this Act a single report 

2 format, in accordance with the requirements of this 

3 Act. 

4 ‘‘(2) REQUIREMENTS.—The lead agency shall en5 sure that the report format developed under para6 graph (1), together with records maintained by each 

7 participating Indian tribe, contains information suf8 ficient— 

9 ‘‘(A) to determine whether the Indian tribe 

10 has complied with the requirements of the ap11 proved plan of the Indian tribe; and 

12 ‘‘(B) to provide assurances to the head of 

13 each applicable Federal department or agency 

14 that the Indian tribe has complied with all di15 rectly applicable statutory and regulatory re16 quirements not waived under section 7. 

17 ‘‘(3) LIMITATION.—The report format developed 

18 under paragraph (1) shall not require a participating 

19 Indian tribe to report on the expenditure of funds (ex20 pressed by fund source or single agency code) trans21 ferred to the Indian tribe under an approved plan 

22 under this Act.’’. 


jbell on DSK4SPTVN1PROD with BILLS
46 

•S 1574 RS

1 SEC. 12. NO REDUCTION IN AMOUNTS. 

2 Section 12 of the Indian Employment, Training and 

3 Related Services Act of 1992 (25 U.S.C. 3411) is amended 

4 to read as follows: 

5 ‘‘SEC. 12. NO REDUCTION IN AMOUNTS. 

6 ‘‘(a) IN GENERAL.—In no case shall the amount of 

7 Federal funds available to an Indian tribe that has in place 

8 an approved plan under this Act be reduced as a result 

9 of— 

10 ‘‘(1) the enactment of this Act; or 

11 ‘‘(2) the approval or implementation of a plan 

12 of an Indian tribe under this Act. 

13 ‘‘(b) INTERACTION WITH OTHER LAWS.—The inclu14 sion of a program in a tribal plan under this Act shall 

15 not— 

16 ‘‘(1) modify, limit, or otherwise affect the eligi17 bility of the program for contracting under the In18 dian Self-Determination and Education Assistance 

19 Act (25 U.S.C. 450 et seq.); or 

20 ‘‘(2) eliminate the applicability of any provision 

21 of the Indian Self-Determination and Education As22 sistance Act (25 U.S.C. 450 et seq.), as the provision 

23 relates to a specific program eligible for contracting 

24 under that Act.’’. 


jbell on DSK4SPTVN1PROD with BILLS
47 

•S 1574 RS

1 SEC. 13. TRANSFER OF FUNDS. 

2 Section 13 of the Indian Employment, Training and 

3 Related Services Act of 1992 (25 U.S.C. 3412) is amended 

4 to read as follows: 

5 ‘‘SEC. 13. TRANSFER OF FUNDS. 

6 ‘‘(a) IN GENERAL.—Notwithstanding any other provi7 sion of law, not later than 30 days after the date of appor8 tionment to the applicable Federal department or agency, 

9 the head of a Federal agency overseeing a program identi10 fied in a plan approved under this Act shall transfer to 

11 the Director of the Bureau of Indian Affairs for distribution 

12 to an Indian tribe any funds identified in the approved 

13 plan of the Indian tribe. 

14 ‘‘(b) TRANSFER OF FUNDS.—Notwithstanding any 

15 other provision of law, at the request of the Indian tribe, 

16 all program funds transferred to an Indian tribe in accord17 ance with the approved plan of the Indian tribe shall be 

18 transferred to the Indian tribe pursuant to an existing con19 tract, compact, or funding agreement awarded pursuant to 

20 title I or IV of the Indian Self-Determination and Edu21 cation Assistance Act (25 U.S.C. 450 et seq.).’’. 

22 SEC. 14. ADMINISTRATION OF FUNDS. 

23 Section 14 of the Indian Employment, Training and 

24 Related Services Act of 1992 (25 U.S.C. 3413) is amend25 ed— 


jbell on DSK4SPTVN1PROD with BILLS
48 

•S 1574 RS

1 (1) by redesignating subsection (b) as subsection 

2 (e); 

3 (2) by striking the section designation and head4 ing and all that follows through subsection (a) and 

5 inserting the following: 

6 ‘‘SEC. 14. ADMINISTRATION OF FUNDS. 

7 ‘‘(a) REQUIREMENTS.— 

8 ‘‘(1) IN GENERAL.— 

9 ‘‘(A) CONSOLIDATION AND REALLOCATION

10 OF FUNDS.—Notwithstanding any other provi11 sion of law, all amounts transferred to a tribe 

12 pursuant to an approved plan may be consoli13 dated, reallocated, and rebudgeted as specified in 

14 the approved plan to best meet the employment, 

15 training, and related needs of the local commu16 nity served by the Indian tribe. 

17 ‘‘(B) AUTHORIZED USE OF FUNDS.—The 

18 amounts used to carry out a plan approved 

19 under this Act shall be administered in such 

20 manner as the Secretary determines to be appro21 priate to ensure the amounts are spent on activi22 ties authorized under the approved plan. 

23 ‘‘(C) EFFECT.—Nothing in this section 

24 interferes with the ability of the Secretary or the 

25 lead agency to use accounting procedures that 


jbell on DSK4SPTVN1PROD with BILLS
49 

•S 1574 RS

1 conform to generally accepted accounting prin2 ciples, auditing procedures, and safeguarding of 

3 funds that conform to chapter 75 of title 31, 

4 United States Code (commonly known as the 

5 ‘Single Audit Act of 1984’). 

6 ‘‘(2) SEPARATE RECORDS AND AUDITS NOT RE7 QUIRED.—Notwithstanding any other provision of 

8 law (including regulations and circulars of any agen9 cy (including Office of Management and Budget Cir10 cular A–133)), an Indian tribe that has in place an 

11 approved plan under this Act shall not be required— 

12 ‘‘(A) to maintain separate records that 

13 trace any service or activity conducted under the 

14 approved plan to the program for which the 

15 funds were initially authorized or transferred; 

16 ‘‘(B) to allocate expenditures among such a 

17 program; or 

18 ‘‘(C) to audit expenditures by the original 

19 source of the program. 

20 ‘‘(b) CARRYOVER.— 

21 ‘‘(1) IN GENERAL.—Any funds transferred to an 

22 Indian tribe under this Act that are not obligated or 

23 expended prior to the beginning of the fiscal year 

24 after the fiscal year for which the funds were appro25 priated shall remain available for obligation or exVerDate Mar 15 2010 00:58 Aug 27, 2014 Jkt 039200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6203 E:\BILLS\S1574.RS S1574

jbell on DSK4SPTVN1PROD with BILLS
50 

•S 1574 RS

1 penditure without fiscal year limitation, subject to the 

2 condition that the funds shall be obligated or ex3 pended in accordance with the approved plan of the 

4 Indian tribe. 

5 ‘‘(2) NO ADDITIONAL DOCUMENTATION.—The In6 dian tribe shall not be required to provide any addi7 tional justification or documentation of the purposes 

8 of the approved plan as a condition of receiving or 

9 expending the funds. 

10 ‘‘(c) INDIRECT COSTS.—Notwithstanding any other 

11 provision of law, an Indian tribe shall be entitled to recover 

12 100 percent of any indirect costs incurred by the Indian 

13 tribe as a result of the transfer of funds to the Indian tribe 

14 under this Act.’’; and 

15 (3) in subsection (e) (as redesignated by para16 graph (1))— 

17 (A) by striking ‘‘All administrative’’ and 

18 inserting the following: 

19 ‘‘(1) IN GENERAL.—All administrative’’; and 

20 (B) by striking ‘‘regulations)’’ and all that 

21 follows through the end of the subsection and in22 serting the following: ‘‘regulations). 

23 ‘‘(2) TREATMENT.—The amount equal to the dif24 ference between the amount of the commingled funds 

25 and the actual administrative cost of the programs, as 


jbell on DSK4SPTVN1PROD with BILLS
51 

•S 1574 RS

1 described in paragraph (1), shall be considered to be 

2 properly spent for Federal audit purposes if the 

3 amount is used to achieve the purposes of this Act. 

4 ‘‘(e) MATCHING FUNDS.—Notwithstanding any other 

5 provision of law, any funds transferred to an Indian tribe 

6 under this Act shall be treated as non-Federal funds for 

7 purposes of meeting matching requirements under any other 

8 Federal law. 

9 ‘‘(f) CLAIMS.—The following provisions of law shall 

10 apply to plans approved under this Act: 

11 ‘‘(1) Section 314 of the Department of the Inte12 rior and Related Agencies Appropriations Act, 1991 

13 (Public Law 101–512; 104 Stat. 1959). 

14 ‘‘(2) Chapter 171 of title 28 (commonly known 

15 as the ‘Federal Tort Claims Act’) . 

16 ‘‘(g) INTEREST OR OTHER INCOME.— 

17 ‘‘(1) IN GENERAL.—An Indian tribe shall be en18 titled to retain interest earned on any funds trans19 ferred to the tribe under an approved plan and such 

20 interest shall not diminish the amount of funds the 

21 Indian tribe is authorized to receive under the plan 

22 in the year the interest is earned or in any subse23 quent fiscal year. 


jbell on DSK4SPTVN1PROD with BILLS
52 

•S 1574 RS

1 ‘‘(2) PRUDENT INVESTMENT.—Funds transferred 

2 under a plan shall be managed in accordance with 

3 the prudent investment standard.’’. 

4 SEC. 15. LABOR MARKET INFORMATION ON INDIAN WORK 

5 FORCE. 

6 Section 17(a) of the Indian Employment, Training 

7 and Related Services Act of 1992 (25 U.S.C. 3416(a)) is 

8 amended in the first sentence— 

9 (1) by striking ‘‘The Secretary’’ and all that fol10 lows through ‘‘manner,’’ and inserting ‘‘The Secretary 

11 of Labor, in consultation with the Secretary, Indian 

12 tribes, and the Director of the Bureau of the Census, 

13 shall’’; and 

14 (2) by striking ‘‘, by gender,’’. 

15 SEC. 16. REPEALS; CONFORMING AMENDMENTS. 

16 (a) REPEALS.—Sections 15 and 16 of the Indian Em17 ployment, Training and Related Services Act of 1992 (25 

18 U.S.C. 3414, 3415) are repealed. 

19 (b) CONFORMING AMENDMENTS.—Sections 17 and 18 

20 of the Indian Employment, Training and Related Services 

21 Act of 1992 (25 U.S.C. 3416, 3417) (as amended by this 

22 Act) are redesignated as sections 15 and 16, respectively. 

23 SEC. 17. EFFECT OF ACT. 

24 Nothing in this Act or any amendment made by this 

25 Act— 


jbell on DSK4SPTVN1PROD with BILLS
53 

•S 1574 RS

1 (1) affects any plan approved under the Indian 

2 Employment, Training and Related Services Act of 

3 1992 (25 U.S.C. 3401 et seq.) (as so redesignated) be4 fore the date of enactment of this Act; 

5 (2) requires any Indian tribe or tribal organiza6 tion to resubmit a plan described in paragraph (1); 

7 or 

8 (3) modifies the effective period of any plan de9 scribed in paragraph (1). 


jbell on DSK4SPTVN1PROD with BILLS
Calendar No. 535 

113TH CONGRESS 

2D SESSION S. 1574 

A BILL 

To amend the Indian Employment, Training and 

poses. from diverse Federal sources, and for other purthe employment, training, and related services facilitate the ability of Indian tribes to integrate Related Services Demonstration Act of 1992 to 

AUGUST 26, 2014 

Reported with an amendment 


jbell on DSK4SPTVN1PROD with BILLS