[Senate Report 114-225]
[From the U.S. Government Publishing Office]
Calendar No. 385
114th Congress } { Report
SENATE
2d Session } { 114-225
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AMENDING 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
_______
March 9, 2016.--Ordered to be printed
_______
Mr. Barrasso, from the Senate Committee on Indian Affairs,
submitted the following
R E P O R T
[To accompany S. 1443]
The Committee on Indian Affairs, to which was referred the
bill (S. 1443) 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, reports favorably
thereon, without amendment, and recommends that the bill do
pass.
Purpose
The purpose of S. 1443, as ordered reported, is to amend
the Indian Employment, Training and Related Services
Demonstration Act of 1992 to facilitate the ability of Indian
tribes and tribal organizations to integrate the employment,
training, and related services from diverse Federal sources,
and for other purposes.
Background
Purpose and Intent. In 1992, President Bush signed into law
Public Law No. 102-477, the Indian Employment, Training, and
Related Services Demonstration Act of 1992 (1992 Act, the
consolidated program is commonly referred to as the 477
program). This law would enable Indian tribes to coordinate and
integrate employment and training programs administered by the
Departments of Labor (DOL), Interior (DOI), Education, and
Health and Human Services (HHS). Tribal participation in the
477 program is voluntary.
The 1992 Act was intended to reduce unemployment in tribal
communities by creating employment opportunities consistent
with the principle of tribal self-determination. The 1992 Act
was also intended to increase the effectiveness of employment
and training programs by reducing redundant, unnecessary, and
burdensome Federal bureaucracy through the consolidation of
budgeting and reporting systems.
Components. As a result, participating Indian tribes are
required to submit a single federally approved plan, a single
budget, a single financial report, and receive a single audit
for all the employment and training programs included in the
participant's 477 program, instead of multiple documents for
multiple programs. Indian tribes could then better implement
programs designed to address tribal needs, guided by tribal
goals.
The single audit ensures accountability of the program and
that the participating Indian tribes adhere to the
accountability standards of the Government Performance Results
Act. To facilitate coordination and streamlining, Public Law
No. 102-477 allows participating Federal agencies to waive any
statutory or regulatory requirements as they deem necessary.
The lead agency, designated by Public Law No. 102-477, to
coordinate the 477 program with the participating Indian tribes
and Federal agencies is the DOI through the Division of
Workforce Development at the Office of Indian Services within
the Bureau of Indian Affairs.\1\ Funding from the agencies is
sent to the DOI which then transfers the funding to
participating Indian tribes through contracts or compacts
pursuant to the Indian Self-Determination and Education
Assistance Act (ISDEAA).
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\1\Div. of Workforce Dev., Bureau of Indian Affairs, U.S. Dep't of
the Interior, Who We Are, available at http://www.indianaffairs.gov/
WhoWeAre/BIA/OIS/DWD/index.htm.
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Implementation. Implementation of the law proceeded with
six Indian tribes and Alaska Native organizations submitting
the first 477 plans in 1994. Currently, Indian tribes and
tribal organizations who utilize a 477 plan are located in:
Alaska, Arizona, Idaho, Michigan, Minnesota, Montana, Nebraska,
Nevada, New Mexico, New York, North Dakota, Oklahoma, Oregon,
South Dakota, Washington, Wisconsin, and Wyoming.\2\
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\2\U.S. Dep't of Labor, Employment and Training Administration,
List of DOL-WIA Funded Federally Recognized Tribes and Alaska Native
Entities Participating in Public Law 102-477, available at https://
www.doleta.gov/dinap/cfml/477list.cfm.
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Over 250 Indian tribes and tribal organizations operate
more than sixty separate 477 plans, consolidating separate
programs in three Departments--the Department of the Interior,
the Department of Labor, and the Department of Health and Human
Services.\3\ On an annual basis, approximately $110 million is
funded through 477 plans.\4\ The success of the 477 program has
been lauded by Indian tribes and the DOI. In recent years, the
477 program has received some of the highest ratings under the
governmental Program Assessment Rating Tool (PART) reviews.\5\
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\3\These programs include the following within the DOI: 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;
within the DOL: Workforce Investment Act Section 166 Comprehensive
Services program and Supplemental Youth Services program; and within
the DHHS: Native Employment Works, Tribal Temporary Assistance for
Needy Families (TANF), and Child Care and Development Fund programs.
\4\Alaska Federation of Natives, President's Report (May 2015),
available at http://www.nativefederation.org/wp-content/uploads/2012/
11/May2015-AFNPresidentsReport_060115.pdf; Press Release, Murkowski,
Sullivan Bill Would Ensure Tribal Funding Program Stays Streamlined
(May 22, 2015), available at http://www.sullivan.senate.gov/newsroom/
press-releases/murkowski-sullivan-bill-would-ensure-tribal-funding-
program-stays-streamlined.
\5\Indian Employment, Training and Related Services Consolidation
Act: Hearing on S. 1574 Before the S. Comm. on Indian Affairs, 113th
Cong. 2 (2014) (written testimony of Margaret Zientek, Co-Chair, 477
Tribal Work Group).
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The Indian tribes and tribal organizations who have
participated in a 477 plan have significantly improved the
effectiveness of the delivery of services provided to their
communities, in part, because the ``flexibility has allowed
[Indian tribes] to be so successful.''\6\ For example, through
programmatic integration and consolidation, Public Law No. 102-
477 has also helped Indian tribes increase the number of
individuals who receive services by decreasing the
administrative burdens.
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\6\Id. at 5.
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According to testimony received by the Committee, ``over
99% of the [total participant base of 43,991 people] achieved
positive employment or education outcomes, earning an average
of $7.00 increase in hourly wages.''\7\
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\7\Id. at 2.
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Administrative Issues. Despite the relative success of the
477 program, unresolved concerns since 2000 between the DHHS
and the DOI prompted the DHHS to propose withdrawing certain
programs from participation in the 477 program. Those concerns
largely centered on the ability of the agency to determine
whether the program funds had been properly spent--even with
the submission of clean annual audits, final reports, and
approved budgets and plans. As a result, the DHHS requested
Indian tribes include the smallest spending details in their
proposed budgets for the 477 programs. The DHHS also questioned
whether certain program funds could be contracted by or
transferred to Indian tribes using the ISDEAA contracts or
compacts.
On June 2, 2008, the DHHS began issuing letters formally
notifying Indian tribes whose plans were up for renewal that
certain programs would be withdrawn from participating in the
477 program.\8\ Indian tribes were concerned that such an
action would be imposed upon all other participating Indian
tribes as their plans came up for approval or renewal. They
were further concerned that such an action would reimpose upon
Indian tribes the burdensome budget and reporting requirements
the 1992 Act and subsequent amendments to the law sought to
eliminate. The DOI was also concerned that the withdrawal of
DHHS funds from the 477 program would be detrimental to the
participating Indian tribes.\9\
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\8\Letter from Curtis Coy, Deputy Assistant Secretary for
Administration, and Sidonie Squier, Director, Office of Family
Assistance, U.S. Dep't of Health and Human Services, to Robert
Middleton, Ph.D., Director, Office of Indian Energy and Economic
Development, U.S. Dep't of the Interior (Jun. 2, 2008) (on file with
the Committee).
\9\Letter from George T. Skibine, Acting Deputy Assistant Secretary
for Policy and Economic Development, Office of the Secretary, U.S.
Dep't of the Interior, to Lisa Murkowski, Senator of U.S. Senate (Jan.
16, 2009) (on file with the Committee).
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The Fiscal Year 2012 omnibus appropriations conference
report required the Administration and Indian tribes to form a
workgroup to resolve differences in how funds should be
transferred to Indian tribes and how tribal programs should be
audited.\10\ The conference report further required the
Administration to provide updates to Congress on resolving
these issues and required the Bureau of Indian Affairs to
submit a report summarizing the workgroup's efforts. The report
was due on March 18, 2014 and issued on April 1, 2014.
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\10\H.R. Rep. No. 112-331, at 1064 (2011) (Conf. Rep.).
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According to testimony received by the Committee, the
workgroup reached consensus on several issues, but not on the
fund transfer and reporting issues ``due to a fundamental
difference over the proper interpretation of the 477
statute,''\11\ including ``ambiguous language in the 477 law
which only recently has been identified.''\12\
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\11\Indian Employment, Training and Related Services Consolidation
Act: Hearing on S. 1574 Before the S. Comm. on Indian Affairs, 113th
Cong. 3 (2014) (written testimony of Margaret Zientek, Co-Chair, 477
Tribal Work Group).
\12\Id. at 5.
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Need for Legislation
Despite the best efforts to resolve these concerns
administratively over the years,\13\ further clarification in
the law is required to ensure that Indian tribes are not
subjected to overly burdensome bureaucracy and have certainty
in administering these programs. The bill, S. 1443, would
improve the effectiveness of the delivery of services and make
the demonstration project permanent.
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\13\In more recent years, ``[b]etween November, 2011 and January,
2014, the workgroup met by teleconference or in person approximately 30
times.'' Indian Employment, Training and Related Services Consolidation
Act: Hearing on S. 1574 Before the S. Comm. on Indian Affairs, 113th
Cong. 2 (2014) (written testimony of Kevin Washburn, Assistant
Secretary for Indian Affairs, U.S. Dep't of the Interior).
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Legislative History
1992 Act. Senator Simon introduced S. 1530, the Indian
Employment, Training and Related Services Demonstration Act of
1992, on July 23, 1991, which was referred to the Committee on
Indian Affairs. The original cosponsors to S. 1530 were
Senators Akaka, Burdick, Conrad, Daschle, DeConcini, Domenici,
Inouye, Frank H. Murkowski, and Reid. Senators Bingaman,
Gorton, and McCain were later added as cosponsors.
The Committee held a hearing on S. 1530 on July 25, 1991.
On October 15, 1991, the Committee favorably reported S. 1530
to the Senate with a substitute amendment and an amendment to
the title.
The Senate passed S. 1530 with an amendment and an
amendment to the title by voice vote on October 30, 1991. The
House passed the bill, with an amendment, by voice vote on
September 29, 1992. On October 7, 1992, the Senate agreed to
the House amendment by voice vote and the final bill was
cleared for the White House. On October 23, 1992, S. 1530
became Public Law No. 102-477.
2000 Amendments. During the 106th Congress, H.R. 5528, the
Omnibus Indian Advancement Act, was introduced by
Representative Thune on October 24, 2000. Sections 1101-04 of
the Omnibus Indian Advancement Act amended the Indian
Employment, Training, and Related Services Demonstration Act of
1992 to allow Indian tribes more flexibility in using their
funds for employment creation and to provide clarity on waiver
requests in tribal plans.
There were no cosponsors on the bill. It was referred to
the House Committee on Resources which held a hearing on the
bill on October 25, 2000. The House passed the bill on October
26, 2000. By unanimous consent, the Senate passed the bill
without amendment on December 11, 2000. On December 27, 2000,
H.R. 5528 became Public Law No. 106-568.
113th Congress. During the 113th Congress, S. 1574, the
Indian Employment, Training, and Related Services Consolidated
Act of 2014, was introduced by Senator Lisa Murkowski on
October 16, 2013. Senator Begich was added as a cosponsor on
March 24, 2014. The bill, S. 1574, was referred to the
Committee on Indian Affairs which held a hearing on the bill on
April 2, 2014.
On June 11, 2014, the Committee held a duly called business
meeting to consider, among other bills, S. 1574. The Committee
ordered the bill, as amended, to be favorably reported to the
Senate. On August 26, 2014, the Committee reported S. 1574, as
amended, to the Senate without a written report. No further
action was taken by the Senate.
The House companion bill, H.R. 5671, the Indian Employment,
Training and Related Services Consolidation Act of 2014, was
introduced by Representative Don Young on September 18, 2014.
On October 7, 2014, H.R. 5671 was referred to the Subcommittee
Indian and Alaska Native Affairs where no further action was
taken on the bill.
114th Congress. During this Congress, S. 1443, the Indian
Employment, Training and Related Services Consolidation Act of
2015, was introduced by Senator Lisa Murkowski on May 21, 2015.
Senator Dan Sullivan is an original co-sponsor and Senator Mike
Crapo was added as a co-sponsor on June 16, 2015. This bill is
nearly identical to S. 1574 (113th Cong.) that was reported out
of Committee. S. 1443 does not include the provisions directing
the Comptroller General of the United States to develop an
inventory of eligible programs for inclusion in tribal plans.
On October 21, 2015, the Committee held a duly called business
meeting to consider, among other bills, S. 1443. The Committee
ordered the bill, without amendment, to be favorably reported
to the Senate.
Section-by-Section Analysis
Section 1. Short title
Section 1 cites this Act as the ``Indian Employment,
Training and Related Services Consolidation Act of 2015.''
Section 2. Amendment of short title
Section 2 of this Act amends Section 1 of the Indian
Employment, Training and Related Services Demonstration Act of
1992 (the 1992 Act), by removing the word ``Demonstration''
from the title of the 1992 Act. This section also clarifies
that any reference to the 1992 Act shall be deemed a reference
to this Act.
Section 3. Statement of purpose
Section 3 amends Section 2 of the 1992 Act's ``Statement of
Purpose'' and describes the purpose of this Act is to
facilitate the ability of Indian tribes 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,
serve tribally determined goals consistent with the policy of
self-determination, while reducing administrative, reporting
and accounting costs.
Section 4. Definitions
Section 4 sets forth definitions such as, ``Indian tribe,''
which includes tribal organizations and is consistent with the
Indian Self-Determination and Education Assistance Act
(ISDEAA). This section also creates a new definition of
``Program,'' to help clarify and expand the types of Federal
programs and funding sources eligible for inclusion in tribal
477 plans.
Section 5. Integration of services authorized
Section 5 authorizes the Secretary to be able to approve a
plan submitted by an Indian tribe in accordance with section 8.
This section also authorizes an Indian tribe, in accordance
with the approved plan--to integrate the programs and Federal
funds received by the Indian tribe, and coordinate the
employment, training and related services provided with those
funds in a consolidated and comprehensive tribal plan.
Section 6. Programs affected and transfer of funds
Section 6 allows for programs approved under section 8 of
this Act to be integrated into the plan. The only programs that
may be integrated should have a purpose of job training,
welfare to work and tribal work experience, creating or
enhancing employment opportunities, higher education, skill
development, assisting Indian youth and adults to succeed in
the workforce, encouraging self-sufficiency, familiarizing
individual participants with the world of work, facilitating
the creation of job opportunities, economic development, or any
services related to the purposes listed.
Under Section 6, Indian tribes or members of an Indian
tribe who may integrate programs are--those who are eligible to
receive funds under a statutory or administrative formula
making funds available to an Indian tribe; or due to their
status as Indians under Federal law; or have secured funds as a
result of a competitive process, a non-competitive process, or
a specific designation.
This section also allows for programs funded by block grant
funds provided to an Indian tribe to be integrated into the 477
plan, regardless of whether the block grant is for the benefit
of the Indian tribe or the status of the beneficiaries the
grant serves.
Section 6 expands the 477 Program to include the related
programs within the Departments of the Interior, Justice,
Agriculture, Commerce, Education, Energy, Health and Human
Services, Homeland Security, Housing and Urban Development,
Labor, Transportation, and Veterans Affairs.
Section 7. Plan requirements
Section 7 requires that tribal employment plans submitted
for Secretarial approval must describe a comprehensive strategy
identifying the full range of potential employment
opportunities on or near the service area of an Indian tribe,
including projected expenditures, and any waivers of Federal
law or regulations needed to effectively carry out the tribal
plan.
Section 8. Plan review; waiver authority; and dispute resolution
Section 8 clarifies the authority of all covered agencies
to grant waivers, and places the responsibility on the
Secretary of the Interior to resolve disputes within a fixed
time frame. This is consistent with longstanding law and
practice under the ISDEAA governing contracting proposals; if
no action is made to approve or disapprove a waiver request,
the waiver request is deemed approved by operation of law.
Section 8 provides the affected agency 90 days to approve
or decline to approve a waiver request, if a decision is not
made within the 90 days, the waiver request shall be granted.
If a waiver request is denied, the head of the affected agency
shall, no later than 30 days after the denial is made, issue
written notice and reasons for the denial. This section also
provides for Secretarial review of waiver requests.
Section 8 allows for a 30-day interagency dispute
resolution process if the Secretary determines that granting
the waiver will not be inconsistent with the provisions of this
Act. The Secretary shall establish and initiate an interagency
dispute resolution process involving the Secretary, the
participating Indian tribe; and the head of the affected
agency. This section also states the head of the affected
agency shall have final authority to resolve the dispute, if
the dispute resolution process fails to resolve the dispute
between the Indian tribe and the affected agency.
Under section 8, a final decision on a dispute shall be
made by the Secretary of the Interior no later than 10 days
after the dispute is resolved. The Secretary of the Interior
shall provide the requesting Indian tribe with the final
decision on the waiver request where the relevant tribe or
tribal organization is then granted the right to appeal any
adverse decision of the Secretary of the Interior pursuant to
the provisions set forth in this section.
Section 9. Plan approval; Secretarial authority; review of decision
Section 9 clarifies the responsibility of the Secretary of
the Interior as the sole authority to approve or disapprove a
plan under the Act. This Act improves the 1992 Act by
addressing past delays and providing mechanisms for appeal. It
also creates a partial approval if specific sections of the
plan are in the waiver appeal process. The timing, decision and
appeal provisions are modeled on the declination processes
already set forth under Title I of the ISDEAA for contracting
proposals, including provisions for administrative and judicial
review.
Section 10. Employer training placements
Section 10 expands the employment placement authority
enacted by the 2000 amendments to include all employers under
the approved plan. An Indian tribe may carry out the expanded
authority only if the Indian tribe enters into a written
agreement with each applicable employer whereby the employer
agrees to provide on-the-job training to the participants, and
on satisfactory completion of the training to prioritize the
permanent placement of participants.
Section 11. Federal responsibilities
Section 11 reaffirms that the Bureau of Indian Affairs is
the lead agency for administering this Act. This section also
provides guidance on the responsibilities of the Bureau of
Indian Affairs in implementing this Act. Section 11 also
requires the Secretary of the Interior and the Secretaries of
the other participating departments to enter into an
interdepartmental memorandum of agreement to expedite the
implementation of this Act.
Under Section 11(b), the lead agency shall develop and
distribute a single report format to Indian tribes that have an
approved plan. The lead agency shall ensure that the report
format includes information to determine whether the Indian
tribe has complied with the requirements of the approved plan,
and 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. The report format
shall not require Indian tribes to report on the expenditure of
funds transferred to the Indian tribe under an approved plan
under this Act.
Section 12. No reduction in amounts
Section 12 prohibits any reduction in funds to which a
participating Indian tribe or tribal organizations would
otherwise be entitled to absent participation under this Act.
This section also provides clarity for this Act's interaction
with the ISDEAA.
Section 13. Transfer of funds
Section 13 authorizes the interagency transfer of funds
necessary to carry out this Act by requiring that such
transfers occur within 30 days of apportionment of funds to the
transferring agency, and also provides for the transfer of
funds to the tribe through an existing self-determination or
self-governance contract, or funding agreement already in place
with the Indian tribe.
Section 14. Administration of funds
Section 14 clarifies that notwithstanding any other
provision of law, all amounts transferred to an Indian 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. The participating tribe
or tribal organization is not required to maintain separate
records that track how funds from a particular program included
in a plan were spent, or track expenditures from such programs,
and expressly exempts participating Indian tribes and tribal
organizations from any provision of OMB Circular A-133 that
imposes contrary requirements. Carryover funds from the
previous fiscal year shall remain available for use in
accordance with the approved plan of the Indian tribe.
Section 14(c) specifies that once an Indian tribe or tribal
organization has been issued an approved indirect cost rate
from its cognizant Federal agency, the Indian tribe or tribal
organization shall be permitted to recover its indirect costs
pursuant to such rate from all programs contributing funds
under an approved plan.
Section 14(e) specifies that 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.
Section 14(f) provides that the Federal Tort Claims Act
shall apply to approved tribal plans.
Section 14(g) provides that an Indian tribe shall be
entitled to retain interest earned on any funds transferred to
the Indian tribe under an approved plan and that 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.
Section 15. Labor market information on Indian work force
Section 15 shifts the responsibility of preparing the labor
market information report from the Secretary of Interior to the
Secretary of Labor, directing the Secretary of Labor in
consultation with the Secretary of Interior, Indian tribes, and
the Director of the Bureau of Census to provide a report on
labor market information on Indian work force.
Section 16. Repeals; Conforming amendments
This section repeals two sections of P.L. 102-477 that are
no longer necessary due to amendments made by this Act.
Section 17. Effect of act
Section 17 states that no tribal plans currently in effect
are affected by this Act, there is no requirement of any Indian
tribe or tribal organization to resubmit a plan already
approved under existing law, and it does not modify the
effective period of any existing plan.
Cost and Budgetary Considerations
The following cost estimate, as provided by the
Congressional Budget Office, dated January 8, 2016, was
prepared for S. 1443:
January 8, 2016.
Hon. John Barrasso,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1443, 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.
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--to
implement tribal plans related to such activities. S. 1443
would amend that act to expand the types of federal grants that
tribes could consolidate.
CBO estimates that enacting S. 1443 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 S. 1443 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting S. 1443 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2026.
S. 1443 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Megan Carroll.
The estimate was approved by H. Samuel Papenfuss, Deputy
Assistant Director for Budget Analysis.
Regulatory and Paperwork Impact Statement
Paragraph 11(b) of rule XXVI of the Standing Rules of the
Senate requires each report accompanying a bill to evaluate the
regulatory and paperwork impact that would be incurred in
carrying out the bill. The Committee believes that S. 1443 will
have a minimal impact of regulatory or paperwork requirements.
Executive Communications
The Committee has received no communications from the
Executive Branch regarding S. 1443.
Changes in Existing Law
In accordance with subsection 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
S. 1443, as ordered reported, are shown as follows (existing
law proposed to be omitted is enclosed in black brackets, new
matter is printed in italic):
25 U.S.C. Sec. 3401 (Indian Employment, Training and Related Services
Demonstration Act of 1992 (P.L. 102-477))
Sec. 3401. Statement of purpose
[SECTION 1. SHORT TITLE.
[This Act may be cited as the `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 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.
25 U.S.C. Sec. 3402 (Indian Employment, Training and Related Services
Demonstration Act of 1992 (P.L. 102-477), as amended by the Omnibus
Indian Advancement Act (P.L. 106-568))
Sec. 3402. Definitions
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.
25 U.S.C. Sec. 3403 (Indian Employment, Training and Related Services
Demonstration Act of 1992 (P.L. 102-477)
Sec. 3403. Integration of services authorized
[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. 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.
25 U.S.C. Sec. 3404 (Indian Employment, Training and Related Services
Demonstration Act of 1992 (P.L. 102-477), as amended by the Omnibus
Indian Advancement Act (P.L. 106-568))
Sec. 3404. Programs affected
[SEC. 5. PROGRAMS AFFECTED.
[The programs that may be integrated in a demonstration
project under any such plan referred to in section 4 of this
Act 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. 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.
25 U.S.C. Sec. 3405 (Indian Employment, Training and Related Services
Demonstration Act of 1992 (P.L. 102-477)
Sec. 3405. Plan requirements
[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. 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.
25 U.S.C. Sec. 3406 (Indian Employment, Training and Related Services
Demonstration Act of 1992 (P.L. 102-477), as amended by the Omnibus
Indian Advancement Act (P.L. 106-568))
Sec. 3406. Plan review
SEC. 7. PLAN REVIEW.
[Upon receipt of the plan from a tribal government, the
Secretary 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.]
(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
in 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).
25 U.S.C. Sec. 3407 (Indian Employment, Training and Related Services
Demonstration Act of 1992 (P.L. 102-477), as amended by the Omnibus
Indian Advancement Act (P.L. 106-568))
Sec. 3407. Plan approval
[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 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.
25 U.S.C. Sec. 3409 (Indian Employment, Training and Related Services
Demonstration Act of 1992 (P.L. 102-477)
Sec. 3409. Private sector training placements
[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. 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.
25 U.S.C. Sec. 3410 (Indian Employment, Training and Related Services
Demonstration Act of 1992 (P.L. 102-477)
Sec. 3410. Federal responsibilities
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.]
(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 2014, 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.
25 U.S.C. Sec. 3411 (Indian Employment, Training and Related Services
Demonstration Act of 1992 (P.L. 102-477)
Sec. 3411. No reduction in amounts
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.]
(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.
25 U.S.C. Sec. 3412 (Indian Employment, Training and Related Services
Demonstration Act of 1992 (P.L. 102-477)
Sec. 3412. Interagency fund transfers authorized
[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. 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.).
25 U.S.C. Sec. 3413 (Indian Employment, Training and Related Services
Demonstration Act of 1992 (P.L. 102-477)
Sec. 3413. Administration of funds and overage
[SEC. 14. ADMINISTRATION OF FUNDS AND OVERAGE.
[(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.]
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.
([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.
25 U.S.C. Sec. 3414 (Indian Employment, Training and Related Services
Demonstration Act of 1992 (P.L. 102-477)
Sec. 3414. Fiscal accountability
[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.]
25 U.S.C. Sec. 3415 (Indian Employment, Training and Related Services
Demonstration Act of 1992 (P.L. 102-477), as amended by An Act to make
technical improvements in the United State Code by amending provisions
to reflect the current names of congressional committees (P.L. 103-
437))
Sec. 3415. Report on statutory obstacles to program integration
[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.]
25 U.S.C. Sec. 3416 (Indian Employment, Training and Related Services
Demonstration Act of 1992 (P.L. 102-477), as amended by An Act to make
technical improvements in the United State Code by amending provisions
to reflect the current names of congressional committees (P.L. 103-
437))
Sec. 3416. Labor market information on the Indian work force
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.
25 U.S.C. Sec. 3417 (Indian Employment, Training and Related Services
Demonstration Act of 1992 (P.L. 102-477)
Sec. 3417. Assignment of Federal personnel to State Indian economic
development programs
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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