[House Report 114-828]
[From the U.S. Government Publishing Office]
114th Congress } { Rept. 114-828
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
INDIAN EMPLOYMENT, TRAINING AND RELATED SERVICES CONSOLIDATION ACT OF
2016
_______
November 16, 2016.--Ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
[To accompany H.R. 329]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 329) 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, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Indian Employment, Training and
Related Services Consolidation Act of 2016''.
SEC. 2. AMENDMENT OF SHORT TITLE.
(a) In General.--Section 1 of the Indian Employment, Training and
Related Services Demonstration Act of 1992 (25 U.S.C. 3401 note; 106
Stat. 2302) is amended to read as follows:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Indian Employment, Training and
Related Services Act of 1992'.''.
(b) References.--Any reference in law to the ``Indian Employment,
Training and Related Services Demonstration Act of 1992'' shall be
deemed to be a reference to the ``Indian Employment, Training and
Related Services Act of 1992''.
SEC. 3. STATEMENT OF PURPOSE.
Section 2 of the Indian Employment, Training and Related Services Act
of 1992 (25 U.S.C. 3401), as amended by section 2 of this Act, is
amended--
(1) by striking ``The purposes of this Act are to demonstrate
how Indian tribal governments can'' and inserting ``The purpose
of this Act is to facilitate the ability of Indian tribes and
tribal organizations to'';
(2) by inserting ``from diverse Federal sources'' after
``they provide'';
(3) by striking ``and serve tribally-determined'' and
inserting ``, and serve tribally determined''; and
(4) by inserting ``, while reducing administrative,
reporting, and accounting costs'' after ``policy of self-
determination''.
SEC. 4. DEFINITIONS.
Section 3 of the Indian Employment, Training and Related Services Act
of 1992 (25 U.S.C. 3402), as amended by section 2 of this Act, is
amended--
(1) by striking paragraph (2) and inserting the following:
``(2) Indian tribe.--
``(A) In general.--The terms `Indian tribe' and
`tribe' have the meaning given the term `Indian tribe'
in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b).
``(B) Inclusion.--The term `Indian tribe' includes
tribal organizations (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450b)).'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) Program.--The term `program' means a program described
in section 5(a).''.
SEC. 5. INTEGRATION OF SERVICES AUTHORIZED.
Section 4 of the Indian Employment, Training and Related Services Act
of 1992 (25 U.S.C. 3403), as amended by section 2 of this Act, is
amended to read as follows:
``SEC. 4. INTEGRATION OF SERVICES AUTHORIZED.
``The Secretary shall, after approving a plan submitted by an Indian
tribe in accordance with section 8, authorize the Indian tribe to, in
accordance with the plan--
``(1) integrate the programs and Federal funds received by
the Indian tribe; and
``(2) coordinate the employment, training, and related
services provided with those funds in a consolidated and
comprehensive tribal plan.''.
SEC. 6. PROGRAMS AFFECTED AND TRANSFER OF FUNDS.
Section 5 of the Indian Employment, Training and Related Services Act
of 1992 (25 U.S.C. 3404), as amended by section 2 of this Act, is
amended to read as follows:
``SEC. 5. PROGRAMS AFFECTED.
``(a) Programs Affected.--
``(1) In general.--The programs that may be integrated
pursuant to a plan approved under section 8 shall be only
programs--
``(A) implemented for the purpose of--
``(i) job training;
``(ii) welfare to work and tribal work
experience;
``(iii) creating or enhancing employment
opportunities;
``(iv) higher education;
``(v) skill development;
``(vi) assisting Indian youth and adults to
succeed in the workforce;
``(vii) encouraging self-sufficiency;
``(viii) familiarizing individual
participants with the world of work;
``(ix) facilitating the creation of job
opportunities;
``(x) economic development; or
``(xi) any services related to the activities
described in clauses (i) through (x); and
``(B) under which an Indian tribe or members of an
Indian tribe--
``(i) are eligible to receive funds--
``(I) under a statutory or
administrative formula making funds
available to an Indian tribe; or
``(II) due to their status as Indians
under Federal law; or
``(ii) have secured funds as a result of a
competitive process, a noncompetitive process,
or a specific designation.
``(2) Treatment of block grant funds.--For purposes of this
section, programs funded by block grant funds provided to an
Indian tribe, regardless of whether the block grant is for the
benefit of the Indian tribe because of the status of the Indian
tribe or the status of the beneficiaries the grant serves,
shall be eligible to be integrated into the plan.
``(b) Program Authorization.--The Secretary shall, in cooperation
with the Attorney General, the Secretary of Agriculture, the Secretary
of Commerce, the Secretary of Education, the Secretary of Energy, the
Secretary of Health and Human Services, the Secretary of Homeland
Security, the Secretary of Housing and Urban Development, the Secretary
of Labor, the Secretary of Transportation, and the Secretary of
Veterans Affairs, after the Secretary approves a plan submitted by an
Indian tribe or tribal organization under section 8, authorize the
Indian tribe or tribal organization, as applicable, to coordinate, in
accordance with the plan, federally funded employment, training, and
related services programs and funding in a manner that integrates the
programs and funding into a consolidated and comprehensive program.''.
SEC. 7. PLAN REQUIREMENTS.
Section 6 of the Indian Employment, Training and Related Services Act
of 1992 (25 U.S.C. 3405), as amended by section 2 of this Act, is
amended to read as follows:
``SEC. 6. PLAN REQUIREMENTS.
``A plan submitted to the Secretary for approval under this Act
shall--
``(1) identify the programs to be integrated and
consolidated;
``(2) be consistent with the purposes of this Act;
``(3) describe--
``(A) a comprehensive strategy identifying the full
range of potential employment opportunities on and near
the service area of the Indian tribe;
``(B) the education, training, and related services
to be provided to assist Indians to access those
employment opportunities;
``(C) the way in which services and program funds are
to be integrated, consolidated, and delivered; and
``(D) the results expected from the plan;
``(4) identify the projected expenditures under the plan in a
single budget covering all consolidated funds;
``(5) identify any agency of the Indian tribe to be involved
in the delivery of the services integrated under the plan;
``(6) identify any statutory provisions, regulations,
policies, or procedures that the Indian tribe believes need to
be waived to implement the plan; and
``(7) be approved by the governing body of the Indian
tribe.''.
SEC. 8. PLAN REVIEW; WAIVER AUTHORITY; AND DISPUTE RESOLUTION.
Section 7 of the Indian Employment, Training and Related Services Act
of 1992 (25 U.S.C. 3406), as amended by section 2 of this Act, is
amended to read as follows:
``SEC. 7 PLAN REVIEW.
``(a) In General.--Upon receipt of a plan from an Indian tribe, the
Secretary shall consult with--
``(1) the head of each Federal agency overseeing a program
identified in the plan; and
``(2) the Indian tribe that submitted the plan.
``(b) Identification of Waivers.--The parties identified in
subsection (a) shall identify any waivers of applicable statutory,
regulatory, or administrative requirements, or of Federal agency
policies or procedures necessary to enable the Indian tribe to
efficiently implement the plan.
``(c) Tribal Waiver Request.--In consultation with the Secretary, a
participating Indian tribe may request that the head of each affected
agency waive any statutory, regulatory, or administrative requirement,
policy, or procedure identified subsection (b).
``(d) Waiver Authority.--
``(1) In general.--Except as provided in paragraph (2),
notwithstanding any other provision of law, the head of each
affected Federal agency shall waive any applicable statutory,
regulatory, or administrative requirement, regulation, policy,
or procedure promulgated by the agency that has been identified
by the parties under subparagraph (b).
``(2) Exception.--The head of an affected Federal agency
shall not grant a waiver under paragraph (1) if the head of the
affected agency determines that a waiver will be inconsistent
with--
``(A) the purposes of this Act; or
``(B) the provision of law from which the program
included in the plan derives its authority that is
specifically applicable to Indians.
``(e) Decision on Waiver Request.--
``(1) In general.--Not later than 90 days after the head of
an affected agency receives a waiver request, the head of the
affected agency shall decide whether to grant or deny the
request.
``(2) Denial of request.--If the head of the affected agency
denies a waiver request, not later than 30 days after the date
on which the denial is made, the head of the affected agency
shall provide the requesting Indian tribe and the Secretary
with written notice of the denial and the reasons for the
denial.
``(3) Failure to act on request.--If the head of an affected
agency does not make a decision under paragraph (1) by the
deadline identified in that paragraph, the request shall be
considered to be granted.
``(f) Secretarial Review.--If the head of an affected agency denies a
waiver request under subsection (e)(2), not later than 30 days after
the date on which the request is denied, the Secretary shall review the
denial and determine whether granting the waiver--
``(1) will be inconsistent with the provisions of this Act;
or
``(2) will prevent the affected agency from fulfilling the
obligations of the affected agency under this Act.
``(g) Interagency Dispute Resolution.--
``(1) In general.--Not later than 30 days after the date on
which the Secretary determines that granting the waiver will
not be inconsistent with the provisions of this Act and will
not prevent the affected agency from fulfilling the obligations
of the affected agency under this Act, the Secretary shall
establish and initiate an interagency dispute resolution
process involving--
``(A) the Secretary;
``(B) the participating Indian tribe; and
``(C) the head of the affected agency.
``(2) Duration.--A dispute subject to paragraph (1) shall be
resolved not later than 30 days after the date on which the
process is initiated.
``(h) Final Authority.--If the dispute resolution process fails to
resolve the dispute between a participating Indian tribe and an
affected agency, the head of the affected agency shall have the final
authority to resolve the dispute.
``(i) Final Decision.--Not later than 10 days after the date on which
the dispute is resolved under this section, the Secretary shall provide
the requesting Indian tribe with--
``(1) the final decision on the waiver request; and
``(2) notice of the right to file an appeal in accordance
with the applicable provisions described in section 8(d).''.
SEC. 9. PLAN APPROVAL; SECRETARIAL AUTHORITY; REVIEW OF DECISION.
Section 8 of the Indian Employment, Training and Related Services Act
of 1992 (25 U.S.C. 3407), as amended by section 2 of this Act, is
amended to read as follows:
``SEC. 8. PLAN APPROVAL; SECRETARIAL AUTHORITY; REVIEW OF DECISION.
``(a) In General.--The Secretary shall have exclusive authority to
approve or disapprove a plan submitted by an Indian tribe in accordance
with section 6.
``(b) Approval Process.--
``(1) In general.--Not later than 90 days after the date on
which the Secretary receives a plan, the Secretary shall
approve or deny the plan.
``(2) Approval.--If the Secretary approves a plan under
paragraph (1), the Secretary shall authorize the transfer of
program funds identified in the plan in accordance with section
13.
``(3) Denial.--If the Secretary denies the plan under
paragraph (1), the Secretary shall provide to the Indian tribe
a written notification of disapproval of the plan that contains
a specific finding that clearly demonstrates, or that is
supported by a controlling legal authority, that the plan does
not meet the requirements described in section 6.
``(4) Partial approval.--
``(A) In general.--If a plan is denied under
paragraph (3) solely on the basis that a request for a
waiver that is part of the plan has not been approved
(or is subject to dispute resolution) under section 7,
the Secretary shall, upon a request from the tribe,
grant partial approval for those portions of the plan
not affected by the request for a waiver.
``(B) Approval after resolution.--With respect to a
plan described in subparagraph (A), on resolution of
the request for a waiver under section 7, the Secretary
shall, on a request from the tribe, approve the plan or
amended plan not later than 90 days after the date on
which the Secretary receives the request.
``(5) Failure to act.--If the Secretary does not make a
decision under paragraph (1) within 90 days of the date on
which the Secretary receives the plan, the plan shall be
considered to be approved.
``(c) Extension of Time.--Notwithstanding any other provision of law,
the Secretary may extend or otherwise alter the 90-day period
identified in subsection (b)(1) for not more than 90 additional days,
if, before the expiration of the period, the Secretary obtains the
express written consent of the Indian tribe.
``(d) Review of Denial.--
``(1) Procedure upon refusal to approve plan.--If the
Secretary denies a plan under subsection (b)(3), the Secretary
shall--
``(A) state any objections in writing to the Indian
tribe;
``(B) provide assistance to the Indian tribe to
overcome the stated objections; and
``(C) unless the Indian tribe brings a civil action
under paragraph (2), provide the Indian tribe with a
hearing on the record with the right to engage in full
discovery relevant to any issue raised in the matter
and the opportunity for appeal on the objections
raised, under such rules and regulations as the
Secretary may promulgate.
``(2) Civil actions; concurrent jurisdiction; relief.--
``(A) In general.--The district courts of the United
States shall have original jurisdiction of a civil
action or claim against the appropriate Secretary
arising under this section and over any civil action or
claim against the Secretary for money damages arising
under contracts authorized by this section.
``(B) Administrative hearing and appeal not
required.--An Indian tribe may bring a civil action or
claim under this paragraph without regard to whether
the Indian tribe had a hearing or filed an appeal under
paragraph (1).
``(C) Relief.--In an action brought under this
paragraph, the court may order appropriate relief,
including--
``(i) money damages;
``(ii) injunctive relief against any action
by an officer or employee of the United States
or any agency thereof contrary to this Act or
regulations promulgated thereunder (including
immediate injunctive relief to reverse a denial
of a plan under this section or to compel the
Secretary to approve a plan); and
``(iii) a writ of mandamus to compel an
officer or employee of the United States, or
any agency thereof, to perform a duty provided
under this Act or regulations promulgated
hereunder.
``(3) Burden of proof at hearing or appeal declining
contract; final agency action.--
``(A) In general.--With respect to any hearing or
appeal conducted under paragraph (1)(C) or any civil
action brought under paragraph (2), the Secretary shall
have the burden of proving by clear and convincing
evidence the validity of the grounds for denying
approval of a plan (or portion thereof).
``(B) Agency action.--Notwithstanding any other
provision of law, a decision by an official of the
Department of the Interior or the Department of Health
and Human Services, as appropriate (collectively
referred to in this paragraph as the `Department') that
constitutes final agency action and that relates to an
appeal within the Department that is conducted under
paragraph (1)(C) shall be made--
``(i) by an official of the Department who
holds a position at a higher organizational
level within the Department than the level of
the departmental agency (such as the Indian
Health Service or the Bureau of Indian Affairs)
in which the decision that is the subject of
the appeal was made; or
``(ii) by an administrative judge.
``(4) Application of laws to administrative appeals.--Section
504 of title 5, United States Code, and section 2412 of title
28, United States Code, shall apply to any administrative
appeals pending on or filed after October 5, 1988, by an Indian
tribe regarding a plan under this Act.''.
SEC. 10. EMPLOYER TRAINING PLACEMENTS.
Section 10 of the Indian Employment, Training and Related Services
Act of 1992 (25 U.S.C. 3409), as amended by section 2 of this Act, is
amended to read as follows:
``SEC. 10. EMPLOYER TRAINING PLACEMENTS.
``(a) In General.--Subject to subsection (b), an Indian tribe that
has in place an approved plan under this Act may use the funds made
available for the plan under this Act--
``(1) to place participants in training positions with
employers; and
``(2) to pay the participants a training allowance or wage
for a training period of not more than 24 months, which may be
nonconsecutive.
``(b) Requirements.--An Indian tribe may carry out subsection (a)
only if the Indian tribe enters into a written agreement with each
applicable employer under which the employer shall agree--
``(1) to provide on-the-job training to the participants; and
``(2) on satisfactory completion of the training period
described in subsection (a)(2), to prioritize the provision of
permanent employment to the participants.''.
SEC. 11. FEDERAL RESPONSIBILITIES.
Section 11 of the Indian Employment, Training and Related Services
Act of 1992 (25 U.S.C. 3410), as amended by section 2 of this Act, is
amended to read as follows:
``SEC. 11. FEDERAL RESPONSIBILITIES.
``(a) Lead Agency.--
``(1) In general.--Notwithstanding any other provision of
law, the lead agency responsible for implementation of this Act
shall be the Bureau of Indian Affairs.
``(2) Inclusions.--The responsibilities of the Director of
the Bureau of Indian Affairs in carrying out this Act shall
include--
``(A) the development of a single model report for
each Indian tribe that has in place an approved plan
under this Act to submit to the Director reports on any
consolidated activities undertaken and joint
expenditures made under the plan;
``(B) the provision, directly or through contract, of
appropriate voluntary and technical assistance to
participating Indian tribes;
``(C) the development and use of a single monitoring
and oversight system for plans approved under this Act;
``(D)(i) the receipt of all funds covered by a plan
approved under this Act; and
``(ii) the distribution of the funds to the
respective Indian tribes by not later than 45 days
after the date of receipt of the funds from the
appropriate Federal department or agency; and
``(E)(i) the performance of activities described in
section 7 relating to agency waivers; and
``(ii) the establishment of an interagency dispute
resolution process.
``(3) Memorandum of agreement.--
``(A) In general.--Not later than 1 year after the
date of enactment of the Indian Employment, Training
and Related Services Consolidation Act of 2016, the
Secretary (acting through the Director of the Bureau of
Indian Affairs), in conjunction with the Secretaries of
Agriculture, Commerce, Education, Energy, Health and
Human Services, Homeland Security, Housing and Urban
Development, Labor, Transportation, and Veterans
Affairs and the Attorney General, shall enter into an
interdepartmental memorandum of agreement providing for
the implementation of this Act.
``(B) Inclusions.--The memorandum of agreement under
subparagraph (A) shall include provisions relating to--
``(i) an annual meeting of participating
Indian tribes and Federal departments and
agencies, to be co-chaired by--
``(I) a representative of the
President; and
``(II) a representative of the
participating Indian tribes;
``(ii) an annual review of the achievements
under this Act and any statutory, regulatory,
administrative, or policy obstacles that
prevent participating Indian tribes from fully
and efficiently carrying out the purposes of
this Act; and
``(iii) a forum comprised of participating
Indian tribes and Federal departments and
agencies to identify and resolve interagency
conflicts and conflicts between the Federal
Government and Indian tribes in the
administration of this Act.
``(b) Report Format.--
``(1) In general.--The lead agency shall develop and
distribute to Indian tribes that have in place an approved plan
under this Act a single report format, in accordance with the
requirements of this Act.
``(2) Requirements.--The lead agency shall ensure that the
report format developed under paragraph (1), together with
records maintained by each participating Indian tribe, contains
information sufficient--
``(A) to determine whether the Indian tribe has
complied with the requirements of the approved plan of
the Indian tribe; and
``(B) to provide assurances to the head of each
applicable Federal department or agency that the Indian
tribe has complied with all directly applicable
statutory and regulatory requirements not waived under
section 7.
``(3) Limitation.--The report format developed under
paragraph (1) shall not require a participating Indian tribe to
report on the expenditure of funds (expressed by fund source or
single agency code) transferred to the Indian tribe under an
approved plan under this Act.''.
SEC. 12. NO REDUCTION IN AMOUNTS.
Section 12 of the Indian Employment, Training and Related Services
Act of 1992 (25 U.S.C. 3411), as amended by section 2 of this Act, is
amended to read as follows:
``SEC. 12. NO REDUCTION IN AMOUNTS.
``(a) In General.--In no case shall the amount of Federal funds
available to an Indian tribe that has in place an approved plan under
this Act be reduced as a result of--
``(1) the enactment of this Act; or
``(2) the approval or implementation of a plan of an Indian
tribe under this Act.
``(b) Interaction With Other Laws.--The inclusion of a program in a
tribal plan under this Act shall not--
``(1) modify, limit, or otherwise affect the eligibility of
the program for contracting under the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450 et seq.); or
``(2) eliminate the applicability of any provision of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.), as the provision relates to a specific
program eligible for contracting under that Act.''.
SEC. 13. TRANSFER OF FUNDS.
Section 13 of the Indian Employment, Training and Related Services
Act of 1992 (25 U.S.C. 3412), as amended by section 2 of this Act, is
amended to read as follows:
``SEC. 13. TRANSFER OF FUNDS.
``(a) In General.--Notwithstanding any other provision of law, not
later than 30 days after the date of apportionment to the applicable
Federal department or agency, the head of a Federal agency overseeing a
program identified in a plan approved under this Act shall transfer to
the Director of the Bureau of Indian Affairs for distribution to an
Indian tribe any funds identified in the approved plan of the Indian
tribe.
``(b) Transfer of Funds.--Notwithstanding any other provision of law,
at the request of the Indian tribe, all program funds transferred to an
Indian tribe in accordance with the approved plan of the Indian tribe
shall be transferred to the Indian tribe pursuant to an existing
contract, compact, or funding agreement awarded pursuant to title I or
IV of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.).''.
SEC. 14. ADMINISTRATION OF FUNDS.
Section 14 of the Indian Employment, Training and Related Services
Act of 1992 (25 U.S.C. 3413), as amended by section 2 of this Act, is
amended--
(1) by redesignating subsection (b) as subsection (d);
(2) by striking the section designation and heading and all
that follows through subsection (a) and inserting the
following:
``SEC. 14. ADMINISTRATION OF FUNDS.
``(a) Requirements.--
``(1) In general.--
``(A) Consolidation and reallocation of funds.--
Notwithstanding any other provision of law, all amounts
transferred to a tribe pursuant to an approved plan may
be consolidated, reallocated, and rebudgeted as
specified in the approved plan to best meet the
employment, training, and related needs of the local
community served by the Indian tribe.
``(B) Authorized use of funds.--The amounts used to
carry out a plan approved under this Act shall be
administered in such manner as the Secretary determines
to be appropriate to ensure the amounts are spent on
activities authorized under the approved plan.
``(C) Effect.--Nothing in this section interferes
with the ability of the Secretary or the lead agency to
use accounting procedures that conform to generally
accepted accounting principles, auditing procedures,
and safeguarding of funds that conform to chapter 75 of
title 31, United States Code (commonly known as the
`Single Audit Act of 1984').
``(2) Separate records and audits not required.--
Notwithstanding any other provision of law (including
regulations and circulars of any agency (including Office of
Management and Budget Circular A-133)), an Indian tribe that
has in place an approved plan under this Act shall not be
required--
``(A) to maintain separate records that trace any
service or activity conducted under the approved plan
to the program for which the funds were initially
authorized or transferred;
``(B) to allocate expenditures among such a program;
or
``(C) to audit expenditures by the original source of
the program.
``(b) Carryover.--
``(1) In general.--Any funds transferred to an Indian tribe
under this Act that are not obligated or expended prior to the
beginning of the fiscal year after the fiscal year for which
the funds were appropriated shall remain available for
obligation or expenditure without fiscal year limitation,
subject to the condition that the funds shall be obligated or
expended in accordance with the approved plan of the Indian
tribe.
``(2) No additional documentation.--The Indian tribe shall
not be required to provide any additional justification or
documentation of the purposes of the approved plan as a
condition of receiving or expending the funds.
``(c) Indirect Costs.--Notwithstanding any other provision of law, an
Indian tribe shall be entitled to recover 100 percent of any indirect
costs incurred by the Indian tribe as a result of the transfer of funds
to the Indian tribe under this Act.''; and
(3) in subsection (d) (as redesignated by paragraph (1))--
(A) by striking ``All administrative'' and inserting
the following:
``(1) In general.--All administrative''; and
(B) by striking ``regulations)'' and all that follows
through the end of the subsection and inserting the
following: ``regulations).
``(2) Treatment.--The amount equal to the difference between
the amount of the commingled funds and the actual
administrative cost of the programs, as described in paragraph
(1), shall be considered to be properly spent for Federal audit
purposes if the amount is used to achieve the purposes of this
Act.
``(e) Matching Funds.--Notwithstanding any other provision of law,
any funds transferred to an Indian tribe under this Act shall be
treated as non-Federal funds for purposes of meeting matching
requirements under any other Federal law.
``(f) Claims.--The following provisions of law shall apply to plans
approved under this Act:
``(1) Section 314 of the Department of the Interior and
Related Agencies Appropriations Act, 1991 (Public Law 101-512;
104 Stat. 1959).
``(2) Chapter 171 of title 28 (commonly known as the `Federal
Tort Claims Act').
``(g) Interest or Other Income.--
``(1) In general.--An Indian tribe shall be entitled to
retain interest earned on any funds transferred to the tribe
under an approved plan and such interest shall not diminish the
amount of funds the Indian tribe is authorized to receive under
the plan in the year the interest is earned or in any
subsequent fiscal year.
``(2) Prudent investment.--Funds transferred under a plan
shall be managed in accordance with the prudent investment
standard.''.
SEC. 15. LABOR MARKET INFORMATION ON INDIAN WORK FORCE.
Section 17(a) of the Indian Employment, Training and Related Services
Act of 1992 (25 U.S.C. 3416(a)), as amended by section 2 of this Act,
is amended in the first sentence--
(1) by striking ``The Secretary'' and all that follows
through ``manner,'' and inserting ``The Secretary of Labor, in
consultation with the Secretary, Indian tribes, and the
Director of the Bureau of the Census, shall''; and
(2) by striking ``, by gender,''.
SEC. 16. REPEALS; CONFORMING AMENDMENTS.
(a) Repeals.--Sections 15 and 16 of the Indian Employment, Training
and Related Services Act of 1992 (25 U.S.C. 3414, 3415), as amended by
section 2 of this Act, are repealed.
(b) Conforming Amendments.--Sections 17 and 18 of the Indian
Employment, Training and Related Services Act of 1992 (25 U.S.C. 3416,
3417) (as amended by this Act) are redesignated as sections 15 and 16,
respectively.
SEC. 17. EFFECT OF ACT.
Nothing in this Act or any amendment made by this Act--
(1) affects any plan approved under the Indian Employment,
Training and Related Services Act of 1992 (25 U.S.C. 3401 et
seq.) (as so redesignated) before the date of enactment of this
Act;
(2) requires any Indian tribe or tribal organization to
resubmit a plan described in paragraph (1); or
(3) modifies the effective period of any plan described in
paragraph (1).
Purpose of the Bill
The purpose of H.R. 329 is 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.
Background and Need for Legislation
The Federal government has a wide range of programs to
assist State, local, and tribal governments in developing the
workforce of their communities. Specifically, the Departments
of the Interior, Health and Human Services, and Labor award
grant monies for employment, training, and related workforce
service programs that provide grant funding to tribes. Tribes
use that funding to provide services such as education and
workforce training, resume building, on-the-job training, and
childcare services to individuals attempting to enter the
workforce.
In 1992, the Indian Employment, Training, and Related
Services Demonstration Act (Public Law 102-477, 25 U.S.C.
Sec. 3401 et seq.) was enacted with the intent to enable tribes
to integrate the federal resources they received from multiple
executive agencies under comprehensive plans. The integration
of services was meant to reduce administrative burdens or costs
by allowing tribes to report and audit multiple programs (up to
ten) under a single plan and budget. These are deemed ``477
plans''.
The ten eligible programs are: the Department of the
Interior Bureau of Indian Affairs' General Assistance Program,
Division of Workforce Development's Job Placement and Training
Program, Higher Education and Adult Basic Education programs,
and the Johnson-O'Malley programs; the Department of Labor's
Comprehensive Services Program and Supplemental Youth Services
Program; and Department of Health and Human Service's Native
Employment Works, Tribal Temporary Assistance for Needy
Families (TANF), and Child Care and Development Fund programs
(CCDF).
In fiscal year 2014, the Bureau of Indian Affairs (BIA)
estimated that there were more than 250 participating tribes
that benefited by approximately $90 million in grant funding. A
majority of those funds have come from the TANF, CCDF, and
Native Employment Works programs at the Department of Health
and Human Services. Funds from the Department of Health and
Human Services and the Department of Labor are transferred to
the Department of the Interior, which then transfers all
employment, training, and related services funding to the
tribes once the tribes' 477 plans are approved.
While tribal programs participating under Public Law 102-
477 have had few, if any, negative audit findings, the
Administration began in 2008 to require tribes to report and
audit their programs by breaking their funds back down to the
original federal source of funding. Tribes considered this
requirement contrary to the original intent of the law, and
after further consultation, the Administration did not enforce
the new requirement. Since those consultations began, the
Administration and tribes have worked together to try and
reconcile their differences in interpreting Public Law 102-477.
However, the interested parties still do not agree on how
certain provisions of the law should be implemented by the
federal agencies.
In response to concerns over the implementation of Public
Law 102-477, the 2012 omnibus appropriations act included
report language requiring the Administration and tribes to form
a workgroup to resolve differences in how funds should be
transferred to tribes and how tribal programs should be
audited. In addition, report language in the fiscal year 2014
consolidated appropriations act required the Bureau of Indian
Affairs to submit a report summarizing the workgroup's efforts.
This report indicated that Congressional action would be
required to make the authority of the program permanent and to
provide clarity on how the program should work. H.R. 329 amends
and makes permanent the Indian Employment, Training and Related
Services demonstration project authorized by Public Law 102-
477, while aiming to improve the structure of the 477 program
and ensuring that the burdens Public Law 102-477 intended to
address are resolved.
Committee Action
H.R. 329 was introduced on January 13, 2015, by Congressman
Don Young (R-AK). The bill was referred to the Committee on
Natural Resources, and within the Committee to the Subcommittee
on Indian, Insular and Alaska Native Affairs. On April 14,
2015, the Subcommittee held a hearing on the bill. On March 15,
2016, the Natural Resources Committee met to consider the bill.
The Subcommittee was discharged by unanimous consent.
Congressman Don Young offered amendment designated 113; it was
adopted by unanimous consent. No further amendments were
offered, and the bill, as amended, was ordered favorably
reported to the House of Representatives by unanimous consent
on March 16, 2016.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that Rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
received the following cost estimate for this bill from the
Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 29, 2016.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 329, the Indian
Employment, Training and Related Services Consolidation Act of
2015.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Megan
Carroll.
Sincerely,
Keith Hall.
Enclosure.
H.R. 329--Indian Employment, Training and Related Services
Consolidation Act of 2015
Under current law, a variety of federal agencies provide
financial assistance to Indian tribes for a wide range of
purposes. Under the Indian Employment, Training and Related
Services Demonstration Act and subject to approval by the
Bureau of Indian Affairs (BIA), tribes can consolidate certain
types of federal grants, particularly those that support
programs related to employment, training, and education. H.R.
329 would amend that act to expand the types of federal grants
that tribes could consolidate.
CBO estimates that enacting H.R. 329 would have no
significant effect on the federal budget because the
legislation would not affect the overall amount of assistance
provided by federal agencies to tribes. Based on information
from BIA, CBO estimates that any increased federal costs to
oversee and administer tribal plans under the bill, which would
be subject to appropriation, would not exceed $500,000 in any
year.
Enacting H.R. 329 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting H.R. 329 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2027.
H.R. 329 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
On January 8, 2016, CBO transmitted a cost estimate for S.
1443, the Indian Employment, Training and Related Services
Consolidation Act of 2015, as ordered reported by the Senate
Committee on Indian Affairs on October 21, 2015. H.R. 329 and
S. 1443 are similar, and the CBO cost estimates are the same.
The CBO staff contact for this estimate is Megan Carroll.
The estimate was approved by Theresa Gullo, Assistant Director
for Budget Analysis.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new budget
authority, spending authority, credit authority, or an increase
or decrease in revenues or tax expenditures. The Congressional
Budget Office has concluded that enactment of this bill ``would
have no significant effect on the federal budget because the
legislation would not affect the overall amount of assistance
provided by federal agencies to tribes. Based on information
from BIA, CBO estimates that any increased federal costs to
oversee and administer tribal plans under the bill, which would
be subject to appropriation, would not exceed $500,000 in any
year.''
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is 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.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Compliance With H. Res. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs. In fact, this bill could
help reduce overlap and duplication by authorizing approved
tribal plans for consolidating various tribal employment and
training grant programs from different agencies. Several of
these underlying programs have been identified by the
Government Accountability Office as providing similar services.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
INDIAN EMPLOYMENT, TRAINING AND RELATED SERVICES DEMONSTRATION ACT OF
1992
[SECTION 1. SHORT TITLE.
[This Act may be cited as the ``Indian Employment, Training
and Related Services Demonstration Act of 1992''.]
SEC. 1. SHORT TITLE.
This Act may be cited as the ``Indian Employment, Training
and Related Services Act of 1992''.
SEC. 2. STATEMENT OF PURPOSE.
[The purposes of this Act are to demonstrate how Indian
tribal governments can] The purpose of this Act is to
facilitate the ability of Indian tribes and tribal
organizations to integrate the employment, training and related
services they provide from diverse Federal sources in order to
improve the effectiveness of those services, reduce joblessness
in Indian communities [and serve tribally-determined], and
serve tribally determined goals consistent with the policy of
self-determination, while reducing administrative, reporting,
and accounting costs .
SEC. 3. DEFINITIONS.
For the purposes of this Act, the following definitions
apply:
(1) Federal agency.-- The term ``federal agency'' has
the same meaning given the term ``agency'' in section
551(1) of title 5, United States Code.
[(2) Indian tribe.-- The terms ``Indian tribe'' and
``tribe'' shall have the meaning given the term
``Indian tribe'' in section 4(e) of the Indian Self-
Determination and Education Assistance Act.]
(2) Indian tribe.--
(A) In general.-- The terms ``Indian tribe''
and ``tribe'' have the meaning given the term
``Indian tribe'' in section 4 of the Indian
Self-Determination and Education Assistance Act
(25 U.S.C. 450b).
(B) Inclusion.-- The term ``Indian tribe''
includes tribal organizations (as defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450b)).
(3) Indian.-- The term ``Indian'' shall have the
meaning given such term in section 4(d) of the Indian
Self-Determination and Education Assistance Act.
* * * * * * *
(4) Program.-- The term ``program'' means a program
described in section 5(a).
[(4)] (5) Secretary.-- Except where otherwise
provided, the term ``Secretary'' means the Secretary of
the Interior.
[SEC. 4. INTEGRATION OF SERVICES AUTHORIZED.
[The Secretary of the Interior, in cooperation with the
appropriate Secretary of Labor, Secretary of Health and Human
Services, or Secretary of Education, shall, upon the receipt of
a plan acceptable to the Secretary of the Interior submitted by
an Indian tribal government, authorize the tribal government to
coordinate, in accordance with such plan, its federally funded
employment, training, and related services programs in a manner
that integrates the program services involved into a single,
coordinated, comprehensive program and reduces administrative
costs by consolidating administrative functions.
[SEC. 5. PROGRAMS AFFECTED.
[The programs that may be integrated in a demonstration
project under any such plan referred to in section 4 shall
include any program under which an Indian tribe is eligible for
receipt of funds under a statutory or administrative formula
for the purposes of assisting Indian youth and adults to
succeed in the workforce, encouraging self-sufficiency,
familiarizing Indian Youth and adults with the world of work,
facilitating the creation of job opportunities and any services
related to these activities.
[SEC. 6. PLAN REQUIREMENTS
[For a plan to be acceptable pursuant to section 4, it
shall--
[(1) identify the programs to be integrated;
[(2) be consistent with the purposes of this Act
authorizing the services to be integrated in a
demonstration project;
[(3) describe a comprehensive strategy which
identifies the full range of potential employment
opportunities on and near the tribal government's
service area, and the education, training and related
services to be provided to assist Indian workers to
access those employment opportunities;
[(4) describe the way in which services are to be
integrated and delivered and the results expected from
the plan;
[(5) identify the projected expenditures under the
plan in a single budget;
[(6) identify the agency or agencies of the tribal
government to be involved in the delivery of the
services integrated under the plan;
[(7) identify any statutory provisions, regulations,
policies, or procedures that the tribal government
believes need to be waived in order to implement its
plan; and
[(8) be approved by the governing body of the
affected tribe.]
SEC. 4. INTEGRATION OF SERVICES AUTHORIZED.
The Secretary shall, after approving a plan submitted by an
Indian tribe in accordance with section 8, authorize the Indian
tribe to, in accordance with the plan--
(1) integrate the programs and Federal funds received
by the Indian tribe; and
(2) coordinate the employment, training, and related
services provided with those funds in a consolidated
and comprehensive tribal plan.
SEC. 5. PROGRAMS AFFECTED.
(a) Programs Affected.--
(1) In general.-- The programs that may be integrated
pursuant to a plan approved under section 8 shall be
only programs--
(A) implemented for the purpose of--
(i) job training;
(ii) welfare to work and tribal work
experience;
(iii) creating or enhancing
employment opportunities;
(iv) higher education;
(v) skill development;
(vi) assisting Indian youth and
adults to succeed in the workforce;
(vii) encouraging self-sufficiency;
(viii) familiarizing individual
participants with the world of work;
(ix) facilitating the creation of job
opportunities;
(x) economic development; or
(xi) any services related to the
activities described in clauses (i)
through (x); and
(B) under which an Indian tribe or members of
an Indian tribe--
(i) are eligible to receive funds--
(I) under a statutory or
administrative formula making
funds available to an Indian
tribe; or
(II) due to their status as
Indians under Federal law; or
(ii) have secured funds as a result
of a competitive process, a
noncompetitive process, or a specific
designation.
(2) Treatment of block grant funds.-- For purposes of
this section, programs funded by block grant funds
provided to an Indian tribe, regardless of whether the
block grant is for the benefit of the Indian tribe
because of the status of the Indian tribe or the status
of the beneficiaries the grant serves, shall be
eligible to be integrated into the plan.
(b) Program Authorization.--The Secretary shall, in
cooperation with the Attorney General, the Secretary of
Agriculture, the Secretary of Commerce, the Secretary of
Education, the Secretary of Energy, the Secretary of Health and
Human Services, the Secretary of Homeland Security, the
Secretary of Housing and Urban Development, the Secretary of
Labor, the Secretary of Transportation, and the Secretary of
Veterans Affairs, after the Secretary approves a plan submitted
by an Indian tribe or tribal organization under section 8,
authorize the Indian tribe or tribal organization, as
applicable, to coordinate, in accordance with the plan,
federally funded employment, training, and related services
programs and funding in a manner that integrates the programs
and funding into a consolidated and comprehensive program.
SEC. 6. PLAN REQUIREMENTS.
A plan submitted to the Secretary for approval under this Act
shall--
(1) identify the programs to be integrated and
consolidated;
(2) be consistent with the purposes of this Act;
(3) describe--
(A) a comprehensive strategy identifying the
full range of potential employment
opportunities on and near the service area of
the Indian tribe;
(B) the education, training, and related
services to be provided to assist Indians to
access those employment opportunities;
(C) the way in which services and program
funds are to be integrated, consolidated, and
delivered; and
(D) the results expected from the plan;
(4) identify the projected expenditures under the
plan in a single budget covering all consolidated
funds;
(5) identify any agency of the Indian tribe to be
involved in the delivery of the services integrated
under the plan;
(6) identify any statutory provisions, regulations,
policies, or procedures that the Indian tribe believes
need to be waived to implement the plan; and
(7) be approved by the governing body of the Indian
tribe.
[SEC. 7. PLAN REVIEW.
[Upon receipt of the plan from a tribal government, the
Secretary of the Interior shall consult with the Secretary of
each Federal agency providing funds to be used to implement the
plan, and with the tribal government submitting the plan. The
parties so consulting shall identify any waivers of statutory
requirements or of Federal agency regulations, policies, or
procedures necessary to enable the tribal government to
implement its plan. Notwithstanding any other provision of law,
the Secretary of the affected agency shall have the authority
to waive any statutory requirement, regulation, policy, or
procedure promulgated by that agency that has been so
identified by such tribal government or agency, unless the
Secretary of the affected agency determines that such a waiver
is inconsistent with the purposes of this Act or those
provisions of the statute from which the program involved
derives its authority which are specifically applicable to
Indian programs.]
SEC. 7. PLAN REVIEW.
(a) In General.--Upon receipt of a plan from an Indian tribe,
the Secretary shall consult with--
(1) the head of each Federal agency overseeing a
program identified in the plan; and
(2) the Indian tribe that submitted the plan.
(b) Identification of Waivers.--The parties identified in
subsection (a) shall identify any waivers of applicable
statutory, regulatory, or administrative requirements, or of
Federal agency policies or procedures necessary to enable the
Indian tribe to efficiently implement the plan.
(c) Tribal Waiver Request.--In consultation with the
Secretary, a participating Indian tribe may request that the
head of each affected agency waive any statutory, regulatory,
or administrative requirement, policy, or procedure identified
subsection (b).
(d) Waiver Authority.--
(1) In general.-- Except as provided in paragraph
(2), notwithstanding any other provision of law, the
head of each affected Federal agency shall waive any
applicable statutory, regulatory, or administrative
requirement, regulation, policy, or procedure
promulgated by the agency that has been identified by
the parties under subparagraph (b).
(2) Exception.-- The head of an affected Federal
agency shall not grant a waiver under paragraph (1) if
the head of the affected agency determines that a
waiver will be inconsistent with--
(A) the purposes of this Act; or
(B) the provision of law from which the
program included in the plan derives its
authority that is specifically applicable to
Indians.
(e) Decision on Waiver Request.--
(1) In general.-- Not later than 90 days after the
head of an affected agency receives a waiver request,
the head of the affected agency shall decide whether to
grant or deny the request.
(2) Denial of request.-- If the head of the affected
agency denies a waiver request, not later than 30 days
after the date on which the denial is made, the head of
the affected agency shall provide the requesting Indian
tribe and the Secretary with written notice of the
denial and the reasons for the denial.
(3) Failure to act on request.-- If the head of an
affected agency does not make a decision under
paragraph (1) by the deadline identified in that
paragraph, the request shall be considered to be
granted.
(f) Secretarial Review.--If the head of an affected agency
denies a waiver request under subsection (e)(2), not later than
30 days after the date on which the request is denied, the
Secretary shall review the denial and determine whether
granting the waiver--
(1) will be inconsistent with the provisions of this
Act; or
(2) will prevent the affected agency from fulfilling
the obligations of the affected agency under this Act.
(g) Interagency Dispute Resolution.--
(1) In general.-- Not later than 30 days after the
date on which the Secretary determines that granting
the waiver will not be inconsistent with the provisions
of this Act and will not prevent the affected agency
from fulfilling the obligations of the affected agency
under this Act, the Secretary shall establish and
initiate an interagency dispute resolution process
involving--
(A) the Secretary;
(B) the participating Indian tribe; and
(C) the head of the affected agency.
(2) Duration.-- A dispute subject to paragraph (1)
shall be resolved not later than 30 days after the date
on which the process is initiated.
(h) Final Authority.--If the dispute resolution process fails
to resolve the dispute between a participating Indian tribe and
an affected agency, the head of the affected agency shall have
the final authority to resolve the dispute.
(i) Final Decision.--Not later than 10 days after the date on
which the dispute is resolved under this section, the Secretary
shall provide the requesting Indian tribe with--
(1) the final decision on the waiver request; and
(2) notice of the right to file an appeal in
accordance with the applicable provisions described in
section 8(d).
[SEC. 8. PLAN APPROVAL.
[Within 90 days after the receipt of a tribal government's
plan by the Secretary, the Secretary shall inform the tribal
government, in writing, of the Secretary's approval or
disapproval of the plan, including any request for a waiver
that is made as part of the plan submitted by the tribal
government. If the plan is disapproved, the tribal government
shall be informed, in writing, of the reasons for the
disapproval and shall be given an opportunity to amend its plan
or to petition the Secretary to reconsider such disapproval,
including reconsidering the disapproval of any waiver requested
by the Indian tribe.]
SEC. 8. PLAN APPROVAL; SECRETARIAL AUTHORITY; REVIEW OF DECISION.
(a) In General.--The Secretary shall have exclusive authority
to approve or disapprove a plan submitted by an Indian tribe in
accordance with section 6.
(b) Approval Process.--
(1) In general.-- Not later than 90 days after the
date on which the Secretary receives a plan, the
Secretary shall approve or deny the plan.
(2) Approval.-- If the Secretary approves a plan
under paragraph (1), the Secretary shall authorize the
transfer of program funds identified in the plan in
accordance with section 13.
(3) Denial.-- If the Secretary denies the plan under
paragraph (1), the Secretary shall provide to the
Indian tribe a written notification of disapproval of
the plan that contains a specific finding that clearly
demonstrates, or that is supported by a controlling
legal authority, that the plan does not meet the
requirements described in section 6.
(4) Partial approval.--
(A) In general.-- If a plan is denied under
paragraph (3) solely on the basis that a
request for a waiver that is part of the plan
has not been approved (or is subject to dispute
resolution) under section 7, the Secretary
shall, upon a request from the tribe, grant
partial approval for those portions of the plan
not affected by the request for a waiver.
(B) Approval after resolution.-- With respect
to a plan described in subparagraph (A), on
resolution of the request for a waiver under
section 7, the Secretary shall, on a request
from the tribe, approve the plan or amended
plan not later than 90 days after the date on
which the Secretary receives the request.
(5) Failure to act.-- If the Secretary does not make
a decision under paragraph (1) within 90 days of the
date on which the Secretary receives the plan, the plan
shall be considered to be approved.
(c) Extension of Time.--Notwithstanding any other provision
of law, the Secretary may extend or otherwise alter the 90-day
period identified in subsection (b)(1) for not more than 90
additional days, if, before the expiration of the period, the
Secretary obtains the express written consent of the Indian
tribe.
(d) Review of Denial.--
(1) Procedure upon refusal to approve plan.-- If the
Secretary denies a plan under subsection (b)(3), the
Secretary shall--
(A) state any objections in writing to the
Indian tribe;
(B) provide assistance to the Indian tribe to
overcome the stated objections; and
(C) unless the Indian tribe brings a civil
action under paragraph (2), provide the Indian
tribe with a hearing on the record with the
right to engage in full discovery relevant to
any issue raised in the matter and the
opportunity for appeal on the objections
raised, under such rules and regulations as the
Secretary may promulgate.
(2) Civil actions; concurrent jurisdiction; relief.--
(A) In general.-- The district courts of the
United States shall have original jurisdiction
of a civil action or claim against the
appropriate Secretary arising under this
section and over any civil action or claim
against the Secretary for money damages arising
under contracts authorized by this section.
(B) Administrative hearing and appeal not
required.-- An Indian tribe may bring a civil
action or claim under this paragraph without
regard to whether the Indian tribe had a
hearing or filed an appeal under paragraph (1).
(C) Relief.-- In an action brought under this
paragraph, the court may order appropriate
relief, including--
(i) money damages;
(ii) injunctive relief against any
action by an officer or employee of the
United States or any agency thereof
contrary to this Act or regulations
promulgated thereunder (including
immediate injunctive relief to reverse
a denial of a plan under this section
or to compel the Secretary to approve a
plan); and
(iii) a writ of mandamus to compel an
officer or employee of the United
States, or any agency thereof, to
perform a duty provided under this Act
or regulations promulgated hereunder.
(3) Burden of proof at hearing or appeal declining
contract; final agency action.--
(A) In general.-- With respect to any hearing
or appeal conducted under paragraph (1)(C) or
any civil action brought under paragraph (2),
the Secretary shall have the burden of proving
by clear and convincing evidence the validity
of the grounds for denying approval of a plan
(or portion thereof).
(B) Agency action.-- Notwithstanding any
other provision of law, a decision by an
official of the Department of the Interior or
the Department of Health and Human Services, as
appropriate (collectively referred to in this
paragraph as the ``Department'') that
constitutes final agency action and that
relates to an appeal within the Department that
is conducted under paragraph (1)(C) shall be
made--
(i) by an official of the Department
who holds a position at a higher
organizational level within the
Department than the level of the
departmental agency (such as the Indian
Health Service or the Bureau of Indian
Affairs) in which the decision that is
the subject of the appeal was made; or
(ii) by an administrative judge.
(4) Application of laws to administrative appeals.--
Section 504 of title 5, United States Code, and section
2412 of title 28, United States Code, shall apply to
any administrative appeals pending on or filed after
October 5, 1988, by an Indian tribe regarding a plan
under this Act.
* * * * * * *
[SEC. 10. PRIVATE SECTOR TRAINING PLACEMENTS.
[A tribal government participating in a demonstration program
under this Act is authorized to utilize funds available under
such plan to place participants in training positions with
private employers and pay such participants a training
allowance or wage for a period not to exceed 12 months, if the
tribal government obtains a written agreement from the private
employer to provide on-the-job training to such participants
and, upon satisfactory completion of the training period, to
guarantee permanent employment to such participants for a
minimum of 12 months.
[SEC. 11. FEDERAL RESPONSIBILITIES.
[(a) Responsibilities of the Department of the Interior.--
Within 180 days following the date of enactment of this Act,
the Secretary of the Interior, the Secretary of Labor, the
Secretary of Health and Human Services and the Secretary of
Education shall enter into an interdepartmental memorandum of
agreement providing for the implementation of the demonstration
projects authorized under this Act. The lead agency for a
demonstration program under this Act shall be the Bureau of
Indian Affairs, Department of the Interior. The
responsibilities of the lead agency shall include--
[(1) the use of a single report format related to the
plan for the individual project which shall be used by
a tribal government to report on the activities
undertaken under the project;
[(2) the use of a single report format related to the
projected expenditures for the individual project which
shall be used by a tribal government to report on all
project expenditures;
[(3) the development of a single system of Federal
oversight for the project, which shall be implemented
by the lead agency; and
[(4) the provision of technical assistance to a
tribal government appropriate to the project, except
that a tribal government shall have the authority to
accept or reject the plan for providing such technical
assistance and the technical assistance provider.
[(b) Report Requirements.--The single report format shall be
developed by the Secretary, consistent with the requirements of
this Act. Such report format, together with records maintained
on the consolidated program at the tribal level shall contain
such information as will allow a determination that the tribe
has complied with the requirements incorporated in its approved
plan and will provide assurances to each Secretary that the
tribe has complied with all directly applicable statutory
requirements and with those directly applicable regulatory
requirements which have not been waived.
[SEC. 12. NO REDUCTION IN AMOUNTS.
[In no case shall the amount of Federal funds available to a
tribal government involved in any demonstration project be
reduced as a result of the enactment of this Act.
[SEC. 13. INTERAGENCY FUND TRANSFERS AUTHORIZED.
[The Secretary of the Interior, Secretary of Labor, Secretary
of Health and Human Services, or the Secretary of Education, as
appropriate, is authorized to take such action as may be
necessary to provide for an interagency transfer of funds
otherwise available to a tribal government in order to further
the purposes of this Act.]
SEC. 10. EMPLOYER TRAINING PLACEMENTS.
(a) In General.--Subject to subsection (b), an Indian tribe
that has in place an approved plan under this Act may use the
funds made available for the plan under this Act--
(1) to place participants in training positions with
employers; and
(2) to pay the participants a training allowance or
wage for a training period of not more than 24 months,
which may be nonconsecutive.
(b) Requirements.--An Indian tribe may carry out subsection
(a) only if the Indian tribe enters into a written agreement
with each applicable employer under which the employer shall
agree--
(1) to provide on-the-job training to the
participants; and
(2) on satisfactory completion of the training period
described in subsection (a)(2), to prioritize the
provision of permanent employment to the participants.
SEC. 11. FEDERAL RESPONSIBILITIES.
(a) Lead Agency.--
(1) In general.-- Notwithstanding any other provision
of law, the lead agency responsible for implementation
of this Act shall be the Bureau of Indian Affairs.
(2) Inclusions.-- The responsibilities of the
Director of the Bureau of Indian Affairs in carrying
out this Act shall include--
(A) the development of a single model report
for each Indian tribe that has in place an
approved plan under this Act to submit to the
Director reports on any consolidated activities
undertaken and joint expenditures made under
the plan;
(B) the provision, directly or through
contract, of appropriate voluntary and
technical assistance to participating Indian
tribes;
(C) the development and use of a single
monitoring and oversight system for plans
approved under this Act;
(D)(i) the receipt of all funds covered by a
plan approved under this Act; and
(ii) the distribution of the funds to the
respective Indian tribes by not later than 45
days after the date of receipt of the funds
from the appropriate Federal department or
agency; and
(E)(i) the performance of activities
described in section 7 relating to agency
waivers; and
(ii) the establishment of an interagency
dispute resolution process.
(3) Memorandum of agreement.--
(A) In general.-- Not later than 1 year after
the date of enactment of the Indian Employment,
Training and Related Services Consolidation Act
of 2015, the Secretary (acting through the
Director of the Bureau of Indian Affairs), in
conjunction with the Secretaries of
Agriculture, Commerce, Education, Energy,
Health and Human Services, Homeland Security,
Housing and Urban Development, Labor,
Transportation, and Veterans Affairs and the
Attorney General, shall enter into an
interdepartmental memorandum of agreement
providing for the implementation of this Act.
(B) Inclusions.-- The memorandum of agreement
under subparagraph (A) shall include provisions
relating to--
(i) an annual meeting of
participating Indian tribes and Federal
departments and agencies, to be co-
chaired by--
(I) a representative of the
President; and
(II) a representative of the
participating Indian tribes;
(ii) an annual review of the
achievements under this Act and any
statutory, regulatory, administrative,
or policy obstacles that prevent
participating Indian tribes from fully
and efficiently carrying out the
purposes of this Act; and
(iii) a forum comprised of
participating Indian tribes and Federal
departments and agencies to identify
and resolve interagency conflicts and
conflicts between the Federal
Government and Indian tribes in the
administration of this Act.
(b) Report Format.--
(1) In general.-- The lead agency shall develop and
distribute to Indian tribes that have in place an
approved plan under this Act a single report format, in
accordance with the requirements of this Act.
(2) Requirements.-- The lead agency shall ensure that
the report format developed under paragraph (1),
together with records maintained by each participating
Indian tribe, contains information sufficient--
(A) to determine whether the Indian tribe has
complied with the requirements of the approved
plan of the Indian tribe; and
(B) to provide assurances to the head of each
applicable Federal department or agency that
the Indian tribe has complied with all directly
applicable statutory and regulatory
requirements not waived under section 7.
(3) Limitation.-- The report format developed under
paragraph (1) shall not require a participating Indian
tribe to report on the expenditure of funds (expressed
by fund source or single agency code) transferred to
the Indian tribe under an approved plan under this Act.
SEC. 12. NO REDUCTION IN AMOUNTS.
(a) In General.--In no case shall the amount of Federal funds
available to an Indian tribe that has in place an approved plan
under this Act be reduced as a result of--
(1) the enactment of this Act; or
(2) the approval or implementation of a plan of an
Indian tribe under this Act.
(b) Interaction With Other Laws.--The inclusion of a program
in a tribal plan under this Act shall not--
(1) modify, limit, or otherwise affect the
eligibility of the program for contracting under the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450 et seq.); or
(2) eliminate the applicability of any provision of
the Indian Self-Determination and Education Assistance
Act (25 U.S.C. 450 et seq.), as the provision relates
to a specific program eligible for contracting under
that Act.
SEC. 13. TRANSFER OF FUNDS.
(a) In General.--Notwithstanding any other provision of law,
not later than 30 days after the date of apportionment to the
applicable Federal department or agency, the head of a Federal
agency overseeing a program identified in a plan approved under
this Act shall transfer to the Director of the Bureau of Indian
Affairs for distribution to an Indian tribe any funds
identified in the approved plan of the Indian tribe.
(b) Transfer of Funds.--Notwithstanding any other provision
of law, at the request of the Indian tribe, all program funds
transferred to an Indian tribe in accordance with the approved
plan of the Indian tribe shall be transferred to the Indian
tribe pursuant to an existing contract, compact, or funding
agreement awarded pursuant to title I or IV of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et
seq.).
SEC. 14. [ADMINISTRATION OF FUNDS AND OVERAGE.] ADMINISTRATION OF
FUNDS.
[(a) Administration of Funds.--
[(1) In general.-- Program funds shall be
administered in such a manner as to allow for a
determination that funds from specific programs (or an
amount equal to the amount attracted from each program)
are spent on allowable activities authorized under such
program.
[(2) Separate records not required.-- Nothing in this
section shall be construed as requiring the tribe to
maintain separate records tracing any services or
activities conducted under its approved plan to the
individual programs under which funds were authorized,
nor shall the tribe be required to allocate
expenditures among such individual programs.]
(a) Requirements.--
(1) In general.--
(A) Consolidation and reallocation of funds
Notwithstanding any other provision of law, all
amounts transferred to a tribe pursuant to an
approved plan may be consolidated, reallocated,
and rebudgeted as specified in the approved
plan to best meet the employment, training, and
related needs of the local community served by
the Indian tribe.
(B) Authorized use of funds The amounts used
to carry out a plan approved under this Act
shall be administered in such manner as the
Secretary determines to be appropriate to
ensure the amounts are spent on activities
authorized under the approved plan.
(C) Effect Nothing in this section interferes
with the ability of the Secretary or the lead
agency to use accounting procedures that
conform to generally accepted accounting
principles, auditing procedures, and
safeguarding of funds that conform to chapter
75 of title 31, United States Code (commonly
known as the ``Single Audit Act of 1984'').
(2) Separate records and audits not required.--
Notwithstanding any other provision of law (including
regulations and circulars of any agency (including
Office of Management and Budget Circular A-133)), an
Indian tribe that has in place an approved plan under
this Act shall not be required--
(A) to maintain separate records that trace
any service or activity conducted under the
approved plan to the program for which the
funds were initially authorized or transferred;
(B) to allocate expenditures among such a
program; or
(C) to audit expenditures by the original
source of the program.
(b) Carryover.--
(1) In general.-- Any funds transferred to an Indian
tribe under this Act that are not obligated or expended
prior to the beginning of the fiscal year after the
fiscal year for which the funds were appropriated shall
remain available for obligation or expenditure without
fiscal year limitation, subject to the condition that
the funds shall be obligated or expended in accordance
with the approved plan of the Indian tribe.
(2) No additional documentation.-- The Indian tribe
shall not be required to provide any additional
justification or documentation of the purposes of the
approved plan as a condition of receiving or expending
the funds.
(c) Indirect Costs.--Notwithstanding any other provision of
law, an Indian tribe shall be entitled to recover 100 percent
of any indirect costs incurred by the Indian tribe as a result
of the transfer of funds to the Indian tribe under this Act.
[(b)] (d) Overage.-- [All administrative]
(1) In general._All administrative costs may be
commingled and participating Indian tribes shall be
entitled to the full amount of such costs (under each
program or department's [regulations), and no overage
shall be counted for Federal audit purposes, provided
that the overage is used for the purposes provided for
under this Act.] regulations).
(2) Treatment.-- The amount equal to the difference
between the amount of the commingled funds and the
actual administrative cost of the programs, as
described in paragraph (1), shall be considered to be
properly spent for Federal audit purposes if the amount
is used to achieve the purposes of this Act.
(e) Matching Funds.--Notwithstanding any other provision of
law, any funds transferred to an Indian tribe under this Act
shall be treated as non-Federal funds for purposes of meeting
matching requirements under any other Federal law.
(f) Claims.--The following provisions of law shall apply to
plans approved under this Act:
(1) Section 314 of the Department of the Interior and
Related Agencies Appropriations Act, 1991 (Public Law
101-512; 104 Stat. 1959).
(2) Chapter 171 of title 28 (commonly known as the
``Federal Tort Claims Act'').
(g) Interest or Other Income.--
(1) In general.-- An Indian tribe shall be entitled
to retain interest earned on any funds transferred to
the tribe under an approved plan and such interest
shall not diminish the amount of funds the Indian tribe
is authorized to receive under the plan in the year the
interest is earned or in any subsequent fiscal year.
(2) Prudent investment.-- Funds transferred under a
plan shall be managed in accordance with the prudent
investment standard.
[SEC. 15. FISCAL ACCOUNTABILITY.
[Nothing in this Act shall be construed so as to interfere
with the ability of the Secretary or the lead agency to fulfill
the responsibilities for the safeguarding of Federal funds
pursuant to the Single Audit Act of 1984.
[SEC. 16. REPORT ON STATUTORY OBSTACLES TO PROGRAM INTEGRATION.
[(a) Preliminary Report.--Not later than two years after the
date of the enactment of this Act, the Secretary shall submit a
preliminary report to the Committee on Indian Affairs of the
Senate and the Committee on Natural Resources of the House of
Representatives on the status of the implementation of the
demonstration program authorized under this Act.
[(b) Final Report.--Not later than five years after the date
of the enactment of this Act, the Secretary shall submit a
report to the Committee on Indian Affairs of the Senate and the
Committee on Natural Resources and the Committee on Education
and Labor of the House of Representatives on the results of the
implementation of the demonstration program authorized under
this Act. Such report shall identify statutory barriers to the
ability of tribal governments to integrate more effectively
their employment, training, and related services in a manner
consistent with the purposes of this Act.]
SEC. [17.] 15. LABOR MARKET INFORMATION ON THE INDIAN WORK FORCE.
(a) Report.-- [The Secretary, in consultation with the
Secretary of Labor, shall, in a consistent and reliable
manner,] The Secretary of Labor, in consultation with the
Secretary, Indian tribes, and the Director of the Bureau of the
Census, shall develop, maintain and publish, not less than
biennially, a report on the population[, by gender,] eligible
for the services which the Secretary provides to Indian people.
The report shall include, but is not limited to, information at
the national level by State, Bureau of Indian Affairs Service
area, and tribal level for the--
(1) total service population;
(2) the service population under age 16 and over 64;
(3) the population available for work, including
those not considered to be actively seeking work;
(4) the employed population, including those employed
with annual earnings below the poverty line; and
(5) the numbers employed in private sector positions
and in public sector positions.
(b) Indian Demographic Information.--The Secretary, in
consultation with the Bureau of the Census of the Department of
Commerce, and the National Center for Native American Studies
and Policy Development authorized by Public Law 101-301, shall
prepare a report on the need for comprehensive, accurate and
periodically updated information on the size and
characteristics of the Indian and Alaska Native population
throughout the entire United States. This report shall include
the need for information, together with the cost of acquiring
such information, on the characteristics and need for
education, health, housing, job training, and other basic needs
of such population, and shall take into consideration the need
for this information by Indian tribes and organizations serving
Indians in nonreservation areas. The report shall be submitted
to the Committee on Indian Affairs of the Senate and the
Committee on Natural Resources and the Committee on Education
and Labor of the House of Representatives not later than 12
months after the date of enactment of this Act.
SEC. [18.] 16. ASSIGNMENT OF FEDERAL PERSONNEL TO STATE INDIAN
ECONOMIC DEVELOPMENT PROGRAMS.
Any State with an economic development program targeted to
Indian tribes shall be eligible to receive, at no cost to the
State, such Federal personnel assignments as the Secretary, in
accordance with the applicable provisions of the
Intergovernmental Personnel Act of 1970, may deem appropriate
to help ensure the success of such program.
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