I 

113TH CONGRESS 

2D SESSION H. R. 5671 

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 HOUSE OF REPRESENTATIVES 

SEPTEMBER 18, 2014 

Mr. YOUNG of Alaska introduced the following bill; which was referred to the 

Committee on Natural Resources 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Training and Related Services Consolidation Act of 

6 2014’’. 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•HR 5671 IH

1 SEC. 2. AMENDMENT OF SHORT TITLE. 

2 (a) IN GENERAL.—Section 1 of the Indian Employ3 ment, Training and Related Services Demonstration Act 

4 of 1992 (25 U.S.C. 3401 note; 106 Stat. 2302) is amend5 ed to read as follows: 

6 ‘‘SECTION 1. SHORT TITLE. 

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

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

9 (b) REFERENCES.—Any reference in law to the ‘‘In10 dian Employment, Training and Related Services Dem11 onstration Act of 1992’’ shall be deemed to be a reference 

12 to the ‘‘Indian Employment, Training and Related Serv13 ices Act of 1992’’. 

14 SEC. 3. STATEMENT OF PURPOSE. 

15 Section 2 of the Indian Employment, Training and 

16 Related Services Act of 1992 (25 U.S.C. 3401) is amend17 ed— 

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

19 to demonstrate how Indian tribal governments can’’ 

20 and inserting ‘‘The purpose of this Act is to facili21 tate the ability of Indian tribes and tribal organiza22 tions to’’; 

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

24 after ‘‘they provide’’; 

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

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


emcdonald on DSK67QTVN1PROD with BILLS
3 

•HR 5671 IH

1 (4) by inserting ‘‘, while reducing administra2 tive, reporting, and accounting costs’’ after ‘‘policy 

3 of self-determination’’. 

4 SEC. 4. DEFINITIONS. 

5 Section 3 of the Indian Employment, Training and 

6 Related Services Act of 1992 (25 U.S.C. 3402) is amend7 ed— 

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

9 following: 

10 ‘‘(2) INDIAN TRIBE.— 

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

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

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

14 Self-Determination and Education Assistance 

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

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

17 includes tribal organizations (as defined in sec18 tion 4 of the Indian Self-Determination and 

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

20 (2) by redesignating paragraph (4) as para21 graph (5); and 

22 (3) by inserting after paragraph (3) the fol23 lowing: 

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

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


emcdonald on DSK67QTVN1PROD with BILLS
4 

•HR 5671 IH

1 SEC. 5. INTEGRATION OF SERVICES AUTHORIZED. 

2 Section 4 of the Indian Employment, Training and 

3 Related Services Act of 1992 (25 U.S.C. 3403) is amend4 ed to read as follows: 

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

6 ‘‘The Secretary shall, after approving a plan sub7 mitted by an Indian tribe in accordance with section 8, 

8 authorize the Indian tribe to, in accordance with the 

9 plan— 

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

11 received by the Indian tribe; and 

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

13 related services provided with those funds in a con14 solidated and comprehensive tribal plan.’’. 

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

16 Section 5 of the Indian Employment, Training and 

17 Related Services Act of 1992 (25 U.S.C. 3404) is amend18 ed to read as follows: 

19 ‘‘SEC. 5. PROGRAMS AFFECTED. 

20 ‘‘(a) PROGRAMS AFFECTED.— 

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

22 integrated pursuant to a plan approved under sec23 tion 8 shall be only programs— 

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

25 ‘‘(i) job training; 


emcdonald on DSK67QTVN1PROD with BILLS
5 

•HR 5671 IH

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

2 experience; 

3 ‘‘(iii) creating or enhancing employ4 ment opportunities; 

5 ‘‘(iv) higher education; 

6 ‘‘(v) skill development; 

7 ‘‘(vi) assisting Indian youth and 

8 adults to succeed in the workforce; 

9 ‘‘(vii) encouraging self-sufficiency; 

10 ‘‘(viii) familiarizing individual partici11 pants with the world of work; 

12 ‘‘(ix) facilitating the creation of job 

13 opportunities; 

14 ‘‘(x) economic development; or 

15 ‘‘(xi) any services related to the activi16 ties described in clauses (i) through (x); 

17 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 


emcdonald on DSK67QTVN1PROD with BILLS
6 

•HR 5671 IH

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.— 

5 For purposes of this section, programs funded by 

6 block grant funds provided to an Indian tribe, re7 gardless of whether the block grant is for the benefit 

8 of the Indian tribe because of the status of the In9 dian tribe or the status of the beneficiaries the grant 

10 serves, shall be eligible to be integrated into the 

11 plan. 

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

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

14 the United States shall— 

15 ‘‘(A) assess the programs of the Depart16 ment of the Interior, the Department of Health 

17 and Human Services, the Department of Labor, 

18 the Department of Justice, the Department of 

19 Agriculture, the Department of Commerce, the 

20 Department of Education, the Department of 

21 Energy, the Department of Homeland Security, 

22 the Department of Housing and Urban Devel23 opment, the Department of Transportation, and 

24 the Department of Veterans Affairs; and 


emcdonald on DSK67QTVN1PROD with BILLS
7 

•HR 5671 IH

1 ‘‘(B) not later than 180 days after the 

2 date of enactment of this subsection, develop an 

3 inventory of all programs of the departments 

4 referred to in subparagraph (A) that meet the 

5 criteria of a program under subsection (a). 

6 ‘‘(2) INCLUSION OF PROGRAMS IN TRIBAL

7 PLAN.—Notwithstanding any other provision of law, 

8 an Indian tribe may include in the plan— 

9 ‘‘(A) any program identified by the Comp10 troller General of the United States in the in11 ventory under paragraph (1); and 

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

13 Comptroller General of the United States in the 

14 inventory under paragraph (1) at the discretion 

15 of the Secretary.’’. 

16 SEC. 7. PLAN REQUIREMENTS. 

17 Section 6 of the Indian Employment, Training and 

18 Related Services Act of 1992 (25 U.S.C. 3405) is amend19 ed to read as follows: 

20 ‘‘SEC. 6. PLAN REQUIREMENTS. 

21 ‘‘A plan submitted to the Secretary for approval 

22 under this Act shall— 

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

24 consolidated; 

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


emcdonald on DSK67QTVN1PROD with BILLS
8 

•HR 5671 IH

1 ‘‘(3) describe— 

2 ‘‘(A) a comprehensive strategy identifying 

3 the full range of potential employment opportu4 nities on and near the service area of the In5 dian tribe; 

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

7 services to be provided to assist Indians to ac8 cess those employment opportunities; 

9 ‘‘(C) the way in which services and pro10 gram funds are to be integrated, consolidated, 

11 and delivered; and 

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

13 ‘‘(4) identify the projected expenditures under 

14 the plan in a single budget covering all consolidated 

15 funds; 

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

17 be involved in the delivery of the services integrated 

18 under the plan; 

19 ‘‘(6) identify any statutory provisions, regula20 tions, policies, or procedures that the Indian tribe 

21 believes need to be waived to implement the plan; 

22 and 

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

24 Indian tribe.’’. 


emcdonald on DSK67QTVN1PROD with BILLS
9 

•HR 5671 IH

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 amend5 ed 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 over9 seeing a program identified in the plan; and 

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

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

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

13 applicable statutory, regulatory, or administrative require14 ments, or of Federal agency policies or procedures nec15 essary to enable the Indian tribe to efficiently implement 

16 the plan. 

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

18 with the Secretary, a participating Indian tribe may re19 quest that the head of each affected agency waive any stat20 utory, regulatory, or administrative requirement, policy, or 

21 procedure identified subsection (b). 

22 ‘‘(d) WAIVER AUTHORITY.— 

23 ‘‘(1) IN GENERAL.—Except as provided in para24 graph (2), notwithstanding any other provision of 

25 law, the head of each affected Federal agency shall 

26 waive any applicable statutory, regulatory, or adminVerDate Sep 11 2014 02:35 Oct 07, 2014 Jkt 049200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5671.IH H5671

emcdonald on DSK67QTVN1PROD with BILLS
10 

•HR 5671 IH

1 istrative requirement, regulation, policy, or proce2 dure promulgated by the agency that has been iden3 tified by the parties under subparagraph (b). 

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

5 Federal agency shall not grant a waiver under para6 graph (1) if the head of the affected agency deter7 mines that a waiver will be inconsistent with— 

8 ‘‘(A) the purposes of this Act; or 

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

10 program included in the plan derives its author11 ity that is specifically applicable to Indians. 

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

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

14 after the head of an affected agency receives a waiv15 er request, the head of the affected agency shall de16 cide whether to grant or deny the request. 

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

18 affected agency denies a waiver request, not later 

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

20 made, the head of the affected agency shall provide 

21 the requesting Indian tribe and the Secretary with 

22 written notice of the denial and the reasons for the 

23 denial. 

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

25 head of an affected agency does not make a decision 


emcdonald on DSK67QTVN1PROD with BILLS
11 

•HR 5671 IH

1 under paragraph (1) by the deadline identified in 

2 that paragraph, the request shall be considered to be 

3 granted. 

4 ‘‘(f) SECRETARIAL REVIEW.—If the head of an af5 fected agency denies a waiver request under subsection 

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

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

8 determine whether granting the waiver— 

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

10 this Act; or 

11 ‘‘(2) will prevent the affected agency from ful12 filling the obligations of the affected agency under 

13 this Act. 

14 ‘‘(g) INTERAGENCY DISPUTE RESOLUTION.— 

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

16 after the date on which the Secretary determines 

17 that granting the waiver will not be inconsistent 

18 with the provisions of this Act and will not prevent 

19 the affected agency from fulfilling the obligations of 

20 the affected agency under this Act, the Secretary 

21 shall establish and initiate an interagency dispute 

22 resolution process involving— 

23 ‘‘(A) the Secretary; 

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

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


emcdonald on DSK67QTVN1PROD with BILLS
12 

•HR 5671 IH

1 ‘‘(2) DURATION.—A dispute subject to para2 graph (1) shall be resolved not later than 30 days 

3 after the 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 af7 fected agency shall have the final authority to resolve the 

8 dispute. 

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

10 the date on which the dispute is resolved under this sec11 tion, the Secretary shall provide the requesting Indian 

12 tribe with— 

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

14 and 

15 ‘‘(2) notice of the right to file an appeal in ac16 cordance with the applicable provisions described in 

17 section 8(d).’’. 

18 SEC. 9. PLAN APPROVAL; SECRETARIAL AUTHORITY; RE19 VIEW OF DECISION. 

20 Section 8 of the Indian Employment, Training and 

21 Related Services Act of 1992 (25 U.S.C. 3407) is amend22 ed to read as follows: 


emcdonald on DSK67QTVN1PROD with BILLS
13 

•HR 5671 IH

1 ‘‘SEC. 8. PLAN APPROVAL; SECRETARIAL AUTHORITY; RE2 VIEW OF DECISION. 

3 ‘‘(a) IN GENERAL.—The Secretary shall have exclu4 sive authority to approve or disapprove a plan submitted 

5 by an Indian tribe in accordance with section 6. 

6 ‘‘(b) APPROVAL PROCESS.— 

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

8 after the date on which the Secretary receives a 

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

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

11 plan under paragraph (1), the Secretary shall au12 thorize the transfer of program funds identified in 

13 the plan in accordance with section 13. 

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

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

16 the Indian tribe a written notification of disapproval 

17 of the plan that contains a specific finding that 

18 clearly demonstrates, or that is supported by a con19 trolling legal authority, that the plan does not meet 

20 the requirements described in section 6. 

21 ‘‘(4) PARTIAL APPROVAL.— 

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

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

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

25 not been approved (or is subject to dispute res26 olution) under section 7, the Secretary shall, 


emcdonald on DSK67QTVN1PROD with BILLS
14 

•HR 5671 IH

1 upon a request from the tribe, grant partial ap2 proval for those portions of the plan not af3 fected by the request for a waiver. 

4 ‘‘(B) APPROVAL AFTER RESOLUTION.— 

5 With respect to a plan described in subpara6 graph (A), on resolution of the request for a 

7 waiver under section 7, the Secretary shall, on 

8 a request from the tribe, approve the plan or 

9 amended plan not later than 90 days after the 

10 date on which the Secretary receives the re11 quest. 

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

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

14 days of the date on which the Secretary receives the 

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

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

17 other provision of law, the Secretary may extend or other18 wise alter the 90-day period identified in subsection (b)(1) 

19 for not more than 90 additional days, if, before the expira20 tion of the period, the Secretary obtains the express writ21 ten consent of the Indian tribe. 

22 ‘‘(d) REVIEW OF DENIAL.— 

23 ‘‘(1) PROCEDURE UPON REFUSAL TO APPROVE

24 PLAN.—If the Secretary denies a plan under sub25 section (b)(3), the Secretary shall— 


emcdonald on DSK67QTVN1PROD with BILLS
15 

•HR 5671 IH

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

2 Indian tribe; 

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

4 to overcome the stated objections; and 

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

6 action under paragraph (2), provide the Indian 

7 tribe with a hearing on the record with the 

8 right to engage in full discovery relevant to any 

9 issue raised in the matter and the opportunity 

10 for appeal on the objections raised, under such 

11 rules and regulations as the Secretary may pro12 mulgate. 

13 ‘‘(2) CIVIL ACTIONS; CONCURRENT JURISDIC14 TION; RELIEF.— 

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

16 the United States shall have original jurisdic17 tion of a civil action or claim against the appro18 priate Secretary arising under this section and 

19 over any civil action or claim against the Sec20 retary for money damages arising under con21 tracts authorized by this section. 

22 ‘‘(B) ADMINISTRATIVE HEARING AND AP23 PEAL NOT REQUIRED.—An Indian tribe may 

24 bring a civil action or claim under this para25 graph without regard to whether the Indian 


emcdonald on DSK67QTVN1PROD with BILLS
16 

•HR 5671 IH

1 tribe had a hearing or filed an appeal under 

2 paragraph (1). 

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

4 this paragraph, the court may order appro5 priate relief, including— 

6 ‘‘(i) money damages; 

7 ‘‘(ii) injunctive relief against any ac8 tion by an officer or employee of the 

9 United States or any agency thereof con10 trary to this Act or regulations promul11 gated thereunder (including immediate in12 junctive relief to reverse a denial of a plan 

13 under this section or to compel the Sec14 retary to approve a plan); and 

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

16 an officer or employee of the United 

17 States, or any agency thereof, to perform 

18 a duty provided under this Act or regula19 tions promulgated hereunder. 

20 ‘‘(3) BURDEN OF PROOF AT HEARING OR AP21 PEAL DECLINING CONTRACT; FINAL AGENCY AC22 TION.— 

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

24 hearing or appeal conducted under paragraph 

25 (1)(C) or any civil action brought under paraVerDate Sep 11 2014 02:35 Oct 07, 2014 Jkt 049200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H5671.IH H5671

emcdonald on DSK67QTVN1PROD with BILLS
17 

•HR 5671 IH

1 graph (2), the Secretary shall have the burden 

2 of proving by clear and convincing evidence the 

3 validity of the grounds for denying approval of 

4 a plan (or portion thereof). 

5 ‘‘(B) AGENCY ACTION.—Notwithstanding 

6 any other provision of law, a decision by an of7 ficial of the Department of the Interior or the 

8 Department of Health and Human Services, as 

9 appropriate (collectively referred to in this para10 graph as the ‘Department’) that constitutes 

11 final agency action and that relates to an ap12 peal within the Department that is conducted 

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

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

15 who holds a position at a higher organiza16 tional level within the Department than 

17 the level of the departmental agency (such 

18 as the Indian Health Service or the Bu19 reau of Indian Affairs) in which the deci20 sion that is the subject of the appeal was 

21 made; or 

22 ‘‘(ii) by an administrative judge. 

23 ‘‘(4) APPLICATION OF LAWS TO ADMINISTRA24 TIVE APPEALS.—Section 504 of title 5, United 

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


emcdonald on DSK67QTVN1PROD with BILLS
18 

•HR 5671 IH

1 States Code, shall apply to any administrative ap2 peals pending on or filed after October 5, 1988, by 

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

4 SEC. 10. EMPLOYER TRAINING PLACEMENTS. 

5 Section 10 of the Indian Employment, Training and 

6 Related Services Act of 1992 (25 U.S.C. 3409) is amend7 ed to read as follows: 

8 ‘‘SEC. 10. EMPLOYER TRAINING PLACEMENTS. 

9 ‘‘(a) IN GENERAL.—Subject to subsection (b), an In10 dian tribe that has in place an approved plan under this 

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

12 this Act— 

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

14 with employers; and 

15 ‘‘(2) to pay the participants a training allow16 ance or wage for a training period of not more than 

17 24 months, which may be nonconsecutive. 

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

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

20 written agreement with each applicable employer under 

21 which the employer shall agree— 

22 ‘‘(1) to provide on-the-job training to the par23 ticipants; and 

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

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


emcdonald on DSK67QTVN1PROD with BILLS
19 

•HR 5671 IH

1 the provision of permanent employment to the par2 ticipants.’’. 

3 SEC. 11. FEDERAL RESPONSIBILITIES. 

4 Section 11 of the Indian Employment, Training and 

5 Related Services Act of 1992 (25 U.S.C. 3410) is amend6 ed to read as follows: 

7 ‘‘SEC. 11. FEDERAL RESPONSIBILITIES. 

8 ‘‘(a) LEAD AGENCY.— 

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

10 provision of law, the lead agency responsible for im11 plementation of this Act shall be the Bureau of In12 dian Affairs. 

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

14 Director of the Bureau of Indian Affairs in carrying 

15 out this Act shall include— 

16 ‘‘(A) the development of a single model re17 port for each Indian tribe that has in place an 

18 approved plan under this Act to submit to the 

19 Director reports on any consolidated activities 

20 undertaken and joint expenditures made under 

21 the plan; 

22 ‘‘(B) the provision, directly or through con23 tract, of appropriate voluntary and technical as24 sistance to participating Indian tribes; 


emcdonald on DSK67QTVN1PROD with BILLS
20 

•HR 5671 IH

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

2 monitoring and oversight system for plans ap3 proved under this Act; 

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

5 a plan approved under this Act; and 

6 ‘‘(ii) the distribution of the funds to the re7 spective Indian tribes by not later than 45 days 

8 after the date of receipt of the funds from the 

9 appropriate Federal department or agency; and 

10 ‘‘(E)(i) the performance of activities de11 scribed in section 7 relating to agency waivers; 

12 and 

13 ‘‘(ii) the establishment of an interagency 

14 dispute resolution process. 

15 ‘‘(3) MEMORANDUM OF AGREEMENT.— 

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

17 after the date of enactment of the Indian Em18 ployment, Training and Related Services Con19 solidation Act of 2014, the Secretary (acting 

20 through the Director of the Bureau of Indian 

21 Affairs), in conjunction with the Secretaries of 

22 Agriculture, Commerce, Education, Energy, 

23 Health and Human Services, Homeland Secu24 rity, Housing and Urban Development, Labor, 

25 Transportation, and Veterans Affairs and the 


emcdonald on DSK67QTVN1PROD with BILLS
21 

•HR 5671 IH

1 Attorney General, shall enter into an inter2 departmental memorandum of agreement pro3 viding for the implementation of this Act. 

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

5 agreement under subparagraph (A) shall in6 clude provisions relating to— 

7 ‘‘(i) an annual meeting of partici8 pating Indian tribes and Federal depart9 ments and agencies, to be co-chaired by— 

10 ‘‘(I) a representative of the Presi11 dent; and 

12 ‘‘(II) a representative of the par13 ticipating Indian tribes; 

14 ‘‘(ii) an annual review of the achieve15 ments under this Act and any statutory, 

16 regulatory, administrative, or policy obsta17 cles that prevent participating Indian 

18 tribes from fully and efficiently carrying 

19 out the purposes of this Act; and 

20 ‘‘(iii) a forum comprised of partici21 pating Indian tribes and Federal depart22 ments and agencies to identify and resolve 

23 interagency conflicts and conflicts between 

24 the Federal Government and Indian tribes 

25 in the administration of this Act. 


emcdonald on DSK67QTVN1PROD with BILLS
22 

•HR 5671 IH

1 ‘‘(b) REPORT FORMAT.— 

2 ‘‘(1) IN GENERAL.—The lead agency shall de3 velop and distribute to Indian tribes that have in 

4 place an approved plan under this Act a single re5 port format, in accordance with the requirements of 

6 this Act. 

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

8 ensure that the report format developed under para9 graph (1), together with records maintained by each 

10 participating Indian tribe, contains information suf11 ficient— 

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

13 has complied with the requirements of the ap14 proved plan of the Indian tribe; and 

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

16 each applicable Federal department or agency 

17 that the Indian tribe has complied with all di18 rectly applicable statutory and regulatory re19 quirements not waived under section 7. 

20 ‘‘(3) LIMITATION.—The report format devel21 oped under paragraph (1) shall not require a partici22 pating Indian tribe to report on the expenditure of 

23 funds (expressed by fund source or single agency 

24 code) transferred to the Indian tribe under an ap25 proved plan under this Act.’’. 


emcdonald on DSK67QTVN1PROD with BILLS
23 

•HR 5671 IH

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 amend4 ed 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 

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

9 result 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 provi23 sion relates to a specific program eligible for con24 tracting under that Act.’’. 


emcdonald on DSK67QTVN1PROD with BILLS
24 

•HR 5671 IH

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 amend4 ed to read as follows: 

5 ‘‘SEC. 13. TRANSFER OF FUNDS. 

6 ‘‘(a) IN GENERAL.—Notwithstanding any other pro7 vision of law, not later than 30 days after the date of ap8 portionment to the applicable Federal department or agen9 cy, the head of a Federal agency overseeing a program 

10 identified in a plan approved under this Act shall transfer 

11 to the Director of the Bureau of Indian Affairs for dis12 tribution to an Indian tribe any funds identified in the 

13 approved 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 

19 contract, compact, or funding agreement awarded pursu20 ant to title I or IV of the Indian Self-Determination and 

21 Education 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— 


emcdonald on DSK67QTVN1PROD with BILLS
25 

•HR 5671 IH

1 (1) by redesignating subsection (b) as sub2 section (e); 

3 (2) by striking the section designation and 

4 heading and all that follows through subsection (a) 

5 and 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 

14 in the approved plan to best meet the employ15 ment, training, and related needs of the local 

16 community 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 ap21 propriate to ensure the amounts are spent on 

22 activities authorized under the approved plan. 

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

24 interferes with the ability of the Secretary or 

25 the lead agency to use accounting procedures 


emcdonald on DSK67QTVN1PROD with BILLS
26 

•HR 5671 IH

1 that conform to generally accepted accounting 

2 principles, auditing procedures, and safe3 guarding of funds that conform to chapter 75 

4 of title 31, United States Code (commonly 

5 known as the ‘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 

14 the approved plan to the program for which the 

15 funds were initially authorized or transferred; 

16 ‘‘(B) to allocate expenditures among such 

17 a 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 

22 an Indian tribe under this Act that are not obligated 

23 or 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 Sep 11 2014 02:35 Oct 07, 2014 Jkt 049200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H5671.IH H5671

emcdonald on DSK67QTVN1PROD with BILLS
27 

•HR 5671 IH

1 penditure without fiscal year limitation, subject to 

2 the 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 

6 Indian tribe shall not be required to provide any ad7 ditional justification or documentation of the pur8 poses of the approved plan as a condition of receiv9 ing or expending the funds. 

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

11 provision of law, an Indian tribe shall be entitled to re12 cover 100 percent of any indirect costs incurred by the 

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

14 Indian tribe 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 

22 inserting the following: ‘‘regulations). 

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

24 difference between the amount of the commingled 

25 funds and the actual administrative cost of the proVerDate Sep 11 2014 02:35 Oct 07, 2014 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H5671.IH H5671

emcdonald on DSK67QTVN1PROD with BILLS
28 

•HR 5671 IH

1 grams, as described in paragraph (1), shall be con2 sidered to be properly spent for Federal audit pur3 poses if the amount is used to achieve the purposes 

4 of this Act. 

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

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

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

8 purposes of meeting matching requirements under any 

9 other Federal law. 

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

11 apply to plans approved under this Act: 

12 ‘‘(1) Section 314 of the Department of the In13 terior and Related Agencies Appropriations Act, 

14 1991 (Public Law 101–512; 104 Stat. 1959). 

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

16 as the ‘Federal Tort Claims Act’). 

17 ‘‘(g) INTEREST OR OTHER INCOME.— 

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

19 entitled to retain interest earned on any funds trans20 ferred to the tribe under an approved plan and such 

21 interest shall not diminish the amount of funds the 

22 Indian tribe is authorized to receive under the plan 

23 in the year the interest is earned or in any subse24 quent fiscal year. 


emcdonald on DSK67QTVN1PROD with BILLS
29 

•HR 5671 IH

1 ‘‘(2) PRUDENT INVESTMENT.—Funds trans2 ferred under a plan shall be managed in accordance 

3 with 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 

10 follows through ‘‘manner,’’ and inserting ‘‘The Sec11 retary of Labor, in consultation with the Secretary, 

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

13 Census, 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 

20 18 of the Indian Employment, Training and Related Serv21 ices Act of 1992 (25 U.S.C. 3416, 3417) (as amended by 

22 this Act) are redesignated as sections 15 and 16, respec23 tively. 


emcdonald on DSK67QTVN1PROD with BILLS
30 

•HR 5671 IH

1 SEC. 17. EFFECT OF ACT. 

2 Nothing in this Act or any amendment made by this 

3 Act— 

4 (1) affects any plan approved under the Indian 

5 Employment, Training and Related Services Act of 

6 1992 (25 U.S.C. 3401 et seq.) (as so redesignated) 

7 before the date of enactment of this Act; 

8 (2) requires any Indian tribe or tribal organiza9 tion to resubmit a plan described in paragraph (1); 

10 or 

11 (3) modifies the effective period of any plan de12 scribed in paragraph (1). 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS