II 118th CONGRESS 2d Session S. 4950 IN THE SENATE OF THE UNITED STATES August 1, 2024 Mr. Luján introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Workforce Innovation and Opportunity Act regarding Native American programs.

1. Short title This Act may be cited as the Tribal Employment and Training Support Act . 2. Amendments to WIOA Section 166 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3221 ) is amended— (1) in subsection (a)(2)— (A) by striking ( 25 U.S.C. 450 et seq. ) and the and inserting ( 25 U.S.C. 5301 et seq. ), consistent with the ; and (B) by inserting , and that is in furtherance of the trust responsibility of the United States before the period at the end; (2) in subsection (b)— (A) in paragraph (2), by striking ( 25 U.S.C. 450b ) and inserting ( 25 U.S.C. 5304 ) ; and (B) in paragraph (3), by inserting ( 20 U.S.C. 7517 ) before the period at the end; (3) in subsection (c) by striking , on a competitive basis, ; (4) in subsection (d)(2), by striking subparagraph (B) and inserting the following: (B) Administrative costs Not more than 15 percent of the funds made available to an entity under subsection (c) may be used for the administrative costs of the activities and services described in subparagraph (A). (C) Special rules (i) Eligibility Notwithstanding any other provision of this section, individuals who were eligible to participate in programs under section 401 of the Job Training Partnership Act (as such section was in effect on the day before the date of enactment of the Workforce Investment Act of 1998) shall be eligible to participate in an activity assisted under this section. (ii) Transfer of unobligated funds An entity receiving funds under subsection (c) may transfer such funds that are unobligated for an award year to the following award year for activities described in subparagraph (A)(i) in that following award year. ; (5) in subsection (e)(5), by striking which shall and all that follows through such indicators and inserting including the expected levels of performance for indicators of such measures ; (6) by striking subsection (h) and inserting the following: (h) Performance accountability measures (1) Development of indicators and standards The Secretary, in consultation with the Native American Employment and Training Council, shall develop a set of performance indicators and standards that, as provided in subsection (e)(5), shall be applicable to programs under this section. (2) Special considerations Such performance indicators and standards shall take into account— (A) the purpose of this section as described in subsection (a)(1); (B) the needs of the groups served by this section, including the differences in needs among such groups in various geographic service areas; and (C) the economic circumstances of the communities served, including differences in circumstances among various geographic service areas. ; (7) in subsection (i)— (A) in paragraph (4)— (i) in subparagraph (A)— (I) by striking Using and inserting the following: (i) Establishment Using ; and (II) by adding at the end the following: (ii) Recommendations The Secretary shall meet, not less than annually, with the Council to consider recommendations from the Council on the operation and administration of the programs assisted under this section. ; and (ii) in subparagraph (B)— (I) by striking The Council and inserting the following: (i) In general The Council ; and (II) by adding at the end the following: (ii) Vacancies An individual appointed to fill a vacancy on the Council occurring before the expiration of the term for which the predecessor of such individual was appointed shall be appointed only for the remainder of that term. Such an individual may serve on the Council after the expiration of such term until a successor is appointed. ; (B) in paragraph (5)— (i) by striking is authorized to and inserting shall ; (ii) by striking The Secretary and inserting the following: (A) In general The Secretary ; and (iii) by adding at the end the following: (B) Activities The technical assistance under subparagraph (A) shall include the following activities: (i) Assisting entities described in subsection (c) that receive assistance under such subsection in understanding and navigating the Federal requirements for amounts awarded under this section. (ii) Supporting such entities with the full range of services that can be supported, as permitted by Federal law, using amounts awarded under this section. (iii) Supporting such entities in promoting the economic and social development of Indian, Alaska Native, and Native Hawaiian communities in accordance with the distinct goals of those communities, including, as appropriate, by using program flexibilities that are— (I) authorized under paragraph (3); and (II) consistent with the principles of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. ); (iv) Advising such entities on other funding opportunities authorized by this Act, including those that foster innovation in workforce development programs serving the needs of Indians, Alaska Natives, and Native Hawaiians. ; and (C) in paragraph (6)— (i) by inserting or provided by another grantee that receives funds awarded under subtitle B from any State for adult, youth, or dislocated worker programs after this title ; and (ii) by inserting or another grantee after the States ; and (8) in subsection (k), by striking paragraph (2) and inserting the following: (2) Authorization of appropriations There are authorized to be appropriated to carry out this subsection such sums as may be necessary. .