II 

Calendar No. 385 

114TH CONGRESS 

2D SESSION S. 1443 

[Report No. 114–225] 

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 

MAY 21, 2015 

Ms. MURKOWSKI (for herself, Mr. SULLIVAN, and Mr. CRAPO) introduced the 

following bill; which was read twice and referred to the Committee on Indian Affairs 

MARCH 9, 2016 

Reported by Mr. BARRASSO, without amendment 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Training and Related Services Consolidation Act of 

4 2015’’. 

5 SEC. 2. AMENDMENT OF SHORT TITLE. 

6 (a) IN GENERAL.—Section 1 of the Indian Employ7 ment, Training and Related Services Demonstration Act 

8 of 1992 (25 U.S.C. 3401 note; 106 Stat. 2302) is amend9 ed to read as follows: 

10 ‘‘SECTION 1. SHORT TITLE. 

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

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

13 (b) REFERENCES.—Any reference in law to the ‘‘In14 dian Employment, Training and Related Services Dem15 onstration Act of 1992’’ shall be deemed to be a reference 

16 to the ‘‘Indian Employment, Training and Related Serv17 ices Act of 1992’’. 

18 SEC. 3. STATEMENT OF PURPOSE. 

19 Section 2 of the Indian Employment, Training and 

20 Related Services Act of 1992 (25 U.S.C. 3401) is amend21 ed— 

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

23 to demonstrate how Indian tribal governments can’’ 

24 and inserting ‘‘The purpose of this Act is to facili25 tate the ability of Indian tribes and tribal organiza26 tions to’’; 


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

2 after ‘‘they provide’’; 

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

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

5 (4) by inserting ‘‘, while reducing administra6 tive, reporting, and accounting costs’’ after ‘‘policy 

7 of self-determination’’. 

8 SEC. 4. DEFINITIONS. 

9 Section 3 of the Indian Employment, Training, and 

10 Related Services Act of 1992 (25 U.S.C. 3402) is amend11 ed— 

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

13 following: 

14 ‘‘(2) INDIAN TRIBE.— 

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

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

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

18 Self-Determination and Education Assistance 

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

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

21 includes tribal organizations (as defined in sec22 tion 4 of the Indian Self-Determination and 

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

24 (2) by redesignating paragraph (4) as para25 graph (5); and 


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1 (3) by inserting after paragraph (3) the fol2 lowing: 

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

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

5 SEC. 5. INTEGRATION OF SERVICES AUTHORIZED. 

6 Section 4 of the Indian Employment, Training and 

7 Related Services Act of 1992 (25 U.S.C. 3403) is amend8 ed to read as follows: 

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

10 ‘‘The Secretary shall, after approving a plan sub11 mitted by an Indian tribe in accordance with section 8, 

12 authorize the Indian tribe to, in accordance with the 

13 plan— 

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

15 received by the Indian tribe; and 

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

17 related services provided with those funds in a con18 solidated and comprehensive tribal plan.’’. 

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

20 Section 5 of the Indian Employment, Training and 

21 Related Services Act of 1992 (25 U.S.C. 3404) is amend22 ed to read as follows: 

23 ‘‘SEC. 5. PROGRAMS AFFECTED. 

24 ‘‘(a) PROGRAMS AFFECTED.— 


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

2 integrated pursuant to a plan approved under sec3 tion 8 shall be only programs— 

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

5 ‘‘(i) job training; 

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

7 experience; 

8 ‘‘(iii) creating or enhancing employ9 ment opportunities; 

10 ‘‘(iv) higher education; 

11 ‘‘(v) skill development; 

12 ‘‘(vi) assisting Indian youth and 

13 adults to succeed in the workforce; 

14 ‘‘(vii) encouraging self-sufficiency; 

15 ‘‘(viii) familiarizing individual partici16 pants with the world of work; 

17 ‘‘(ix) facilitating the creation of job 

18 opportunities; 

19 ‘‘(x) economic development; or 

20 ‘‘(xi) any services related to the activi21 ties described in clauses (i) through (x); 

22 and 

23 ‘‘(B) under which an Indian tribe or mem24 bers of an Indian tribe— 

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


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1 ‘‘(I) under a statutory or admin2 istrative formula making funds avail3 able to an Indian tribe; or 

4 ‘‘(II) due to their status as Indi5 ans under Federal law; or 

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

7 a competitive process, a noncompetitive 

8 process, or a specific designation. 

9 ‘‘(2) TREATMENT OF BLOCK GRANT FUNDS.— 

10 For purposes of this section, programs funded by 

11 block grant funds provided to an Indian tribe, re12 gardless of whether the block grant is for the benefit 

13 of the Indian tribe because of the status of the In14 dian tribe or the status of the beneficiaries the grant 

15 serves, shall be eligible to be integrated into the 

16 plan. 

17 ‘‘(b) PROGRAM AUTHORIZATION.—The Secretary 

18 shall, in cooperation with the Attorney General, the Sec19 retary of Agriculture, the Secretary of Commerce, the Sec20 retary of Education, the Secretary of Energy, the Sec21 retary of Health and Human Services, the Secretary of 

22 Homeland Security, the Secretary of Housing and Urban 

23 Development, the Secretary of Labor, the Secretary of 

24 Transportation, and the Secretary of Veterans Affairs, 

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1 dian tribe or tribal organization under section 8, authorize 

2 the Indian tribe or tribal organization, as applicable, to 

3 coordinate, in accordance with the plan, federally funded 

4 employment, training, and related services programs and 

5 funding in a manner that integrates the programs and 

6 funding into a consolidated and comprehensive program.’’. 

7 SEC. 7. PLAN REQUIREMENTS. 

8 Section 6 of the Indian Employment, Training and 

9 Related Services Act of 1992 (25 U.S.C. 3405) is amend10 ed to read as follows: 

11 ‘‘SEC. 6. PLAN REQUIREMENTS. 

12 ‘‘A plan submitted to the Secretary for approval 

13 under this Act shall— 

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

15 consolidated; 

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

17 ‘‘(3) describe— 

18 ‘‘(A) a comprehensive strategy identifying 

19 the full range of potential employment opportu20 nities on and near the service area of the In21 dian tribe; 

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

23 services to be provided to assist Indians to ac24 cess those employment opportunities; 


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1 ‘‘(C) the way in which services and pro2 gram funds are to be integrated, consolidated, 

3 and delivered; and 

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

5 ‘‘(4) identify the projected expenditures under 

6 the plan in a single budget covering all consolidated 

7 funds; 

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

9 be involved in the delivery of the services integrated 

10 under the plan; 

11 ‘‘(6) identify any statutory provisions, regula12 tions, policies, or procedures that the Indian tribe 

13 believes need to be waived to implement the plan; 

14 and 

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

16 Indian tribe.’’. 

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

18 RESOLUTION. 

19 Section 7 of the Indian Employment, Training and 

20 Related Services Act of 1992 (25 U.S.C. 3406) is amend21 ed to read as follows: 

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

23 Indian tribe, the Secretary shall consult with— 

24 ‘‘(1) the head of each Federal agency over25 seeing a program identified in the plan; and 


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

2 ‘‘(b) IDENTIFICATION OF WAIVERS.—The parties 

3 identified in subsection (a) shall identify any waivers of 

4 applicable statutory, regulatory, or administrative require5 ments, or of Federal agency policies or procedures nec6 essary to enable the Indian tribe to efficiently implement 

7 the plan. 

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

9 with the Secretary, a participating Indian tribe may re10 quest that the head of each affected agency waive any stat11 utory, regulatory, or administrative requirement, policy, or 

12 procedure identified subsection (b). 

13 ‘‘(d) WAIVER AUTHORITY.— 

14 ‘‘(1) IN GENERAL.—Except as provided in para15 graph (2), notwithstanding any other provision of 

16 law, the head of each affected Federal agency shall 

17 waive any applicable statutory, regulatory, or admin18 istrative requirement, regulation, policy, or proce19 dure promulgated by the agency that has been iden20 tified by the parties under subparagraph (b). 

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

22 Federal agency shall not grant a waiver under para23 graph (1) if the head of the affected agency deter24 mines that a waiver will be inconsistent with— 

25 ‘‘(A) the purposes of this Act; or 


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

2 program included in the plan derives its author3 ity that is specifically applicable to Indians. 

4 ‘‘(e) DECISION ON WAIVER REQUEST.— 

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

6 after the head of an affected agency receives a waiv7 er request, the head of the affected agency shall de8 cide whether to grant or deny the request. 

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

10 affected agency denies a waiver request, not later 

11 than 30 days after the date on which the denial is 

12 made, the head of the affected agency shall provide 

13 the requesting Indian tribe and the Secretary with 

14 written notice of the denial and the reasons for the 

15 denial. 

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

17 head of an affected agency does not make a decision 

18 under paragraph (1) by the deadline identified in 

19 that paragraph, the request shall be considered to be 

20 granted. 

21 ‘‘(f) SECRETARIAL REVIEW.—If the head of an af22 fected agency denies a waiver request under subsection 

23 (e)(2), not later than 30 days after the date on which the 

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

25 determine whether granting the waiver— 


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

2 this Act; or 

3 ‘‘(2) will prevent the affected agency from ful4 filling the obligations of the affected agency under 

5 this Act. 

6 ‘‘(g) INTERAGENCY DISPUTE RESOLUTION.— 

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

8 after the date on which the Secretary determines 

9 that granting the waiver will not be inconsistent 

10 with the provisions of this Act and will not prevent 

11 the affected agency from fulfilling the obligations of 

12 the affected agency under this Act, the Secretary 

13 shall establish and initiate an interagency dispute 

14 resolution process involving— 

15 ‘‘(A) the Secretary; 

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

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

18 ‘‘(2) DURATION.—A dispute subject to para19 graph (1) shall be resolved not later than 30 days 

20 after the date on which the process is initiated. 

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

22 process fails to resolve the dispute between a participating 

23 Indian tribe and an affected agency, the head of the af24 fected agency shall have the final authority to resolve the 

25 dispute. 


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

2 the date on which the dispute is resolved under this sec3 tion, the Secretary shall provide the requesting Indian 

4 tribe with— 

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

6 and 

7 ‘‘(2) notice of the right to file an appeal in ac8 cordance with the applicable provisions described in 

9 section 8(d).’’. 

10 SEC. 9. PLAN APPROVAL; SECRETARIAL AUTHORITY; RE11 VIEW OF DECISION. 

12 Section 8 of the Indian Employment, Training and 

13 Related Services Act of 1992 (25 U.S.C. 3407) is amend14 ed to read as follows: 

15 ‘‘SEC. 8. PLAN APPROVAL; SECRETARIAL AUTHORITY; RE16 VIEW OF DECISION. 

17 ‘‘(a) IN GENERAL.—The Secretary shall have exclu18 sive authority to approve or disapprove a plan submitted 

19 by an Indian tribe in accordance with section 6. 

20 ‘‘(b) APPROVAL PROCESS.— 

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

22 after the date on which the Secretary receives a 

23 plan, the Secretary shall approve or deny the plan. 

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

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1 thorize the transfer of program funds identified in 

2 the plan in accordance with section 13. 

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

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

5 the Indian tribe a written notification of disapproval 

6 of the plan that contains a specific finding that 

7 clearly demonstrates, or that is supported by a con8 trolling legal authority, that the plan does not meet 

9 the requirements described in section 6. 

10 ‘‘(4) PARTIAL APPROVAL.— 

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

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

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

14 not been approved (or is subject to dispute res15 olution) under section 7, the Secretary shall, 

16 upon a request from the tribe, grant partial ap17 proval for those portions of the plan not af18 fected by the request for a waiver. 

19 ‘‘(B) APPROVAL AFTER RESOLUTION.— 

20 With respect to a plan described in subpara21 graph (A), on resolution of the request for a 

22 waiver under section 7, the Secretary shall, on 

23 a request from the tribe, approve the plan or 

24 amended plan not later than 90 days after the 


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1 date on which the Secretary receives the re2 quest. 

3 ‘‘(5) FAILURE TO ACT.—If the Secretary does 

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

5 days of the date on which the Secretary receives the 

6 plan, the plan shall be considered to be approved. 

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

8 other provision of law, the Secretary may extend or other9 wise alter the 90-day period identified in subsection (b)(1) 

10 for not more than 90 additional days, if, before the expira11 tion of the period, the Secretary obtains the express writ12 ten consent of the Indian tribe. 

13 ‘‘(d) REVIEW OF DENIAL.— 

14 ‘‘(1) PROCEDURE UPON REFUSAL TO APPROVE

15 PLAN.—If the Secretary denies a plan under sub16 section (b)(3), the Secretary shall— 

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

18 Indian tribe; 

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

20 to overcome the stated objections; and 

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

22 action under paragraph (2), provide the Indian 

23 tribe with a hearing on the record with the 

24 right to engage in full discovery relevant to any 

25 issue raised in the matter and the opportunity 


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1 for appeal on the objections raised, under such 

2 rules and regulations as the Secretary may pro3 mulgate. 

4 ‘‘(2) CIVIL ACTIONS; CONCURRENT JURISDIC5 TION; RELIEF.— 

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

7 the United States shall have original jurisdic8 tion of a civil action or claim against the appro9 priate Secretary arising under this section and 

10 over any civil action or claim against the Sec11 retary for money damages arising under con12 tracts authorized by this section. 

13 ‘‘(B) ADMINISTRATIVE HEARING AND AP14 PEAL NOT REQUIRED.—An Indian tribe may 

15 bring a civil action or claim under this para16 graph without regard to whether the Indian 

17 tribe had a hearing or filed an appeal under 

18 paragraph (1). 

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

20 this paragraph, the court may order appro21 priate relief, including— 

22 ‘‘(i) money damages; 

23 ‘‘(ii) injunctive relief against any ac24 tion by an officer or employee of the 

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1 trary to this Act or regulations promul2 gated thereunder (including immediate in3 junctive relief to reverse a denial of a plan 

4 under this section or to compel the Sec5 retary to approve a plan); and 

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

7 an officer or employee of the United 

8 States, or any agency thereof, to perform 

9 a duty provided under this Act or regula10 tions promulgated hereunder. 

11 ‘‘(3) BURDEN OF PROOF AT HEARING OR AP12 PEAL DECLINING CONTRACT; FINAL AGENCY AC13 TION.— 

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

15 hearing or appeal conducted under paragraph 

16 (1)(C) or any civil action brought under para17 graph (2), the Secretary shall have the burden 

18 of proving by clear and convincing evidence the 

19 validity of the grounds for denying approval of 

20 a plan (or portion thereof). 

21 ‘‘(B) AGENCY ACTION.—Notwithstanding 

22 any other provision of law, a decision by an of23 ficial of the Department of the Interior or the 

24 Department of Health and Human Services, as 

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1 graph as the ‘Department’) that constitutes 

2 final agency action and that relates to an ap3 peal within the Department that is conducted 

4 under paragraph (1)(C) shall be made— 

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

6 who holds a position at a higher organiza7 tional level within the Department than 

8 the level of the departmental agency (such 

9 as the Indian Health Service or the Bu10 reau of Indian Affairs) in which the deci11 sion that is the subject of the appeal was 

12 made; or 

13 ‘‘(ii) by an administrative judge. 

14 ‘‘(4) APPLICATION OF LAWS TO ADMINISTRA15 TIVE APPEALS.—Section 504 of title 5, United 

16 States Code, and section 2412 of title 28, United 

17 States Code, shall apply to any administrative ap18 peals pending on or filed after October 5, 1988, by 

19 an Indian tribe regarding a plan under this Act.’’. 

20 SEC. 10. EMPLOYER TRAINING PLACEMENTS. 

21 Section 10 of the Indian Employment, Training and 

22 Related Services Act of 1992 (25 U.S.C. 3409) is amend23 ed to read as follows: 


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1 ‘‘SEC. 10. EMPLOYER TRAINING PLACEMENTS. 

2 ‘‘(a) IN GENERAL.—Subject to subsection (b), an In3 dian tribe that has in place an approved plan under this 

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

5 this Act— 

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

7 with employers; and 

8 ‘‘(2) to pay the participants a training allow9 ance or wage for a training period of not more than 

10 24 months, which may be nonconsecutive. 

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

12 out subsection (a) only if the Indian tribe enters into a 

13 written agreement with each applicable employer under 

14 which the employer shall agree— 

15 ‘‘(1) to provide on-the-job training to the par16 ticipants; and 

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

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

19 the provision of permanent employment to the par20 ticipants.’’. 

21 SEC. 11. FEDERAL RESPONSIBILITIES. 

22 Section 11 of the Indian Employment, Training and 

23 Related Services Act of 1992 (25 U.S.C. 3410) is amend24 ed to read as follows: 

25 ‘‘SEC. 11. FEDERAL RESPONSIBILITIES. 

26 ‘‘(a) LEAD AGENCY.— 


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

2 provision of law, the lead agency responsible for im3 plementation of this Act shall be the Bureau of In4 dian Affairs. 

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

6 Director of the Bureau of Indian Affairs in carrying 

7 out this Act shall include— 

8 ‘‘(A) the development of a single model re9 port for each Indian tribe that has in place an 

10 approved plan under this Act to submit to the 

11 Director reports on any consolidated activities 

12 undertaken and joint expenditures made under 

13 the plan; 

14 ‘‘(B) the provision, directly or through con15 tract, of appropriate voluntary and technical as16 sistance to participating Indian tribes; 

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

18 monitoring and oversight system for plans ap19 proved under this Act; 

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

21 a plan approved under this Act; and 

22 ‘‘(ii) the distribution of the funds to the re23 spective Indian tribes by not later than 45 days 

24 after the date of receipt of the funds from the 

25 appropriate Federal department or agency; and 


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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) MEMORANDUM OF AGREEMENT.— 

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

8 after the date of enactment of the Indian Em9 ployment, Training and Related Services Con10 solidation Act of 2014, the Secretary (acting 

11 through the Director of the Bureau of Indian 

12 Affairs), in conjunction with the Secretaries of 

13 Agriculture, Commerce, Education, Energy, 

14 Health and Human Services, Homeland Secu15 rity, Housing and Urban Development, Labor, 

16 Transportation, and Veterans Affairs and the 

17 Attorney General, shall enter into an inter18 departmental memorandum of agreement pro19 viding for the implementation of this Act. 

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

21 agreement under subparagraph (A) shall in22 clude provisions relating to— 

23 ‘‘(i) an annual meeting of partici24 pating Indian tribes and Federal depart25 ments and agencies, to be co-chaired by— 


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1 ‘‘(I) a representative of the Presi2 dent; and 

3 ‘‘(II) a representative of the par4 ticipating Indian tribes; 

5 ‘‘(ii) an annual review of the achieve6 ments under this Act and any statutory, 

7 regulatory, administrative, or policy obsta8 cles that prevent participating Indian 

9 tribes from fully and efficiently carrying 

10 out the purposes of this Act; and 

11 ‘‘(iii) a forum comprised of partici12 pating Indian tribes and Federal depart13 ments and agencies to identify and resolve 

14 interagency conflicts and conflicts between 

15 the Federal Government and Indian tribes 

16 in the administration of this Act. 

17 ‘‘(b) REPORT FORMAT.— 

18 ‘‘(1) IN GENERAL.—The lead agency shall de19 velop and distribute to Indian tribes that have in 

20 place an approved plan under this Act a single re21 port format, in accordance with the requirements of 

22 this Act. 

23 ‘‘(2) REQUIREMENTS.—The lead agency shall 

24 ensure that the report format developed under para25 graph (1), together with records maintained by each 


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1 participating Indian tribe, contains information suf2 ficient— 

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

4 has complied with the requirements of the ap5 proved plan of the Indian tribe; and 

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

7 each applicable Federal department or agency 

8 that the Indian tribe has complied with all di9 rectly applicable statutory and regulatory re10 quirements not waived under section 7. 

11 ‘‘(3) LIMITATION.—The report format devel12 oped under paragraph (1) shall not require a partici13 pating Indian tribe to report on the expenditure of 

14 funds (expressed by fund source or single agency 

15 code) transferred to the Indian tribe under an ap16 proved plan under this Act.’’. 

17 SEC. 12. NO REDUCTION IN AMOUNTS. 

18 Section 12 of the Indian Employment, Training and 

19 Related Services Act of 1992 (25 U.S.C. 3411) is amend20 ed to read as follows: 

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

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

23 Federal funds available to an Indian tribe that has in 

24 place an approved plan under this Act be reduced as a 

25 result of— 


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

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

3 of an Indian tribe under this Act. 

4 ‘‘(b) INTERACTION WITH OTHER LAWS.—The inclu5 sion of a program in a tribal plan under this Act shall 

6 not— 

7 ‘‘(1) modify, limit, or otherwise affect the eligi8 bility of the program for contracting under the In9 dian Self-Determination and Education Assistance 

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

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

12 of the Indian Self-Determination and Education As13 sistance Act (25 U.S.C. 450 et seq.), as the provi14 sion relates to a specific program eligible for con15 tracting under that Act.’’. 

16 SEC. 13. TRANSFER OF FUNDS. 

17 Section 13 of the Indian Employment, Training and 

18 Related Services Act of 1992 (25 U.S.C. 3412) is amend19 ed to read as follows: 

20 ‘‘SEC. 13. TRANSFER OF FUNDS. 

21 ‘‘(a) IN GENERAL.—Notwithstanding any other pro22 vision of law, not later than 30 days after the date of ap23 portionment to the applicable Federal department or agen24 cy, the head of a Federal agency overseeing a program 

25 identified in a plan approved under this Act shall transfer 


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1 to the Director of the Bureau of Indian Affairs for dis2 tribution to an Indian tribe any funds identified in the 

3 approved plan of the Indian tribe. 

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

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

6 all program funds transferred to an Indian tribe in accord7 ance with the approved plan of the Indian tribe shall be 

8 transferred to the Indian tribe pursuant to an existing 

9 contract, compact, or funding agreement awarded pursu10 ant to title I or IV of the Indian Self-Determination and 

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

12 SEC. 14. ADMINISTRATION OF FUNDS. 

13 Section 14 of the Indian Employment, Training and 

14 Related Services Act of 1992 (25 U.S.C. 3413) is amend15 ed— 

16 (1) by redesignating subsection (b) as sub17 section (d); 

18 (2) by striking the section designation and 

19 heading and all that follows through subsection (a) 

20 and inserting the following: 

21 ‘‘SEC. 14. ADMINISTRATION OF FUNDS. 

22 ‘‘(a) REQUIREMENTS.— 

23 ‘‘(1) IN GENERAL.— 

24 ‘‘(A) CONSOLIDATION AND REALLOCATION

25 OF FUNDS.—Notwithstanding any other proviVerDate Sep 11 2014 00:03 Mar 10, 2016 Jkt 059200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S1443.RS S1443

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1 sion of law, all amounts transferred to a tribe 

2 pursuant to an approved plan may be consoli3 dated, reallocated, and rebudgeted as specified 

4 in the approved plan to best meet the employ5 ment, training, and related needs of the local 

6 community served by the Indian tribe. 

7 ‘‘(B) AUTHORIZED USE OF FUNDS.—The 

8 amounts used to carry out a plan approved 

9 under this Act shall be administered in such 

10 manner as the Secretary determines to be ap11 propriate to ensure the amounts are spent on 

12 activities authorized under the approved plan. 

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

14 interferes with the ability of the Secretary or 

15 the lead agency to use accounting procedures 

16 that conform to generally accepted accounting 

17 principles, auditing procedures, and safe18 guarding of funds that conform to chapter 75 

19 of title 31, United States Code (commonly 

20 known as the ‘Single Audit Act of 1984’). 

21 ‘‘(2) SEPARATE RECORDS AND AUDITS NOT RE22 QUIRED.—Notwithstanding any other provision of 

23 law (including regulations and circulars of any agen24 cy (including Office of Management and Budget CirVerDate Sep 11 2014 00:03 Mar 10, 2016 Jkt 059200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S1443.RS S1443

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1 cular A–133)), an Indian tribe that has in place an 

2 approved plan under this Act shall not be required— 

3 ‘‘(A) to maintain separate records that 

4 trace any service or activity conducted under 

5 the approved plan to the program for which the 

6 funds were initially authorized or transferred; 

7 ‘‘(B) to allocate expenditures among such 

8 a program; or 

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

10 source of the program. 

11 ‘‘(b) CARRYOVER.— 

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

13 an Indian tribe under this Act that are not obligated 

14 or expended prior to the beginning of the fiscal year 

15 after the fiscal year for which the funds were appro16 priated shall remain available for obligation or ex17 penditure without fiscal year limitation, subject to 

18 the condition that the funds shall be obligated or ex19 pended in accordance with the approved plan of the 

20 Indian tribe. 

21 ‘‘(2) NO ADDITIONAL DOCUMENTATION.—The 

22 Indian tribe shall not be required to provide any ad23 ditional justification or documentation of the pur24 poses of the approved plan as a condition of receiv25 ing or expending the funds. 


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

2 provision of law, an Indian tribe shall be entitled to re3 cover 100 percent of any indirect costs incurred by the 

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

5 Indian tribe under this Act.’’; and 

6 (3) in subsection (d) (as redesignated by para7 graph (1))— 

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

9 inserting the following: 

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

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

12 follows through the end of the subsection and 

13 inserting the following: ‘‘regulations). 

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

15 difference between the amount of the commingled 

16 funds and the actual administrative cost of the pro17 grams, as described in paragraph (1), shall be con18 sidered to be properly spent for Federal audit pur19 poses if the amount is used to achieve the purposes 

20 of this Act. 

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

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

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

24 purposes of meeting matching requirements under any 

25 other Federal law. 


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

2 apply to plans approved under this Act: 

3 ‘‘(1) Section 314 of the Department of the In4 terior and Related Agencies Appropriations Act, 

5 1991 (Public Law 101–512; 104 Stat. 1959). 

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

7 as the ‘Federal Tort Claims Act’) . 

8 ‘‘(g) INTEREST OR OTHER INCOME.— 

9 ‘‘(1) IN GENERAL.—An Indian tribe shall be 

10 entitled to retain interest earned on any funds trans11 ferred to the tribe under an approved plan and such 

12 interest shall not diminish the amount of funds the 

13 Indian tribe is authorized to receive under the plan 

14 in the year the interest is earned or in any subse15 quent fiscal year. 

16 ‘‘(2) PRUDENT INVESTMENT.—Funds trans17 ferred under a plan shall be managed in accordance 

18 with the prudent investment standard.’’. 

19 SEC. 15. LABOR MARKET INFORMATION ON INDIAN WORK 

20 FORCE. 

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

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

23 amended in the first sentence— 

24 (1) by striking ‘‘The Secretary’’ and all that 

25 follows through ‘‘manner,’’ and inserting ‘‘The SecVerDate Sep 11 2014 00:03 Mar 10, 2016 Jkt 059200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\S1443.RS S1443

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1 retary of Labor, in consultation with the Secretary, 

2 Indian tribes, and the Director of the Bureau of the 

3 Census, shall’’; and 

4 (2) by striking ‘‘, by gender,’’. 

5 SEC. 16. REPEALS; CONFORMING AMENDMENTS. 

6 (a) REPEALS.—Sections 15 and 16 of the Indian Em7 ployment, Training and Related Services Act of 1992 (25 

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

9 (b) CONFORMING AMENDMENTS.—Sections 17 and 

10 18 of the Indian Employment, Training and Related Serv11 ices Act of 1992 (25 U.S.C. 3416, 3417) (as amended by 

12 this Act) are redesignated as sections 15 and 16, respec13 tively. 

14 SEC. 17. EFFECT OF ACT. 

15 Nothing in this Act or any amendment made by this 

16 Act— 

17 (1) affects any plan approved under the Indian 

18 Employment, Training and Related Services Act of 

19 1992 (25 U.S.C. 3401 et seq.) (as so redesignated) 

20 before the date of enactment of this Act; 

21 (2) requires any Indian tribe or tribal organiza22 tion to resubmit a plan described in paragraph (1); 

23 or 

24 (3) modifies the effective period of any plan de25 scribed in paragraph (1). 


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Calendar No. 385 

114TH CONGRESS 

2D SESSION S. 1443 

[Report No. 114–225] 

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 

MARCH 9, 2016 

Reported without amendment 


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