Indian Employment, Training and Related Services Consolidation Act of 2013

“(5) Tribal organization—The term tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).”

“4. Integration of services authorized

“(a) 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 in a manner that integrates the programs into a consolidated and comprehensive program.

“(b) Single Integrated Plan—Consistent with section 8, after the Secretary approves a plan submitted by an Indian tribe or tribal organization, the Indian tribe or tribal organization shall not be required to submit any additional budget, report, audit, supplemental audit, or other documentation.”

“5. Programs affected

“(a) In general—The programs that may be integrated into a project under a plan described in section 4 shall include—

“(1) any program under which an Indian tribe or tribal organization is eligible for receipt of funds under a statutory or administrative formula;

“(2) any funds to which an Indian tribe, tribal organization, or members of an Indian tribe or tribal organization may be under Federal law;

“(3) any funds an Indian tribe or tribal organization may secure as a result of a competitive process, a noncompetitive process, or a specific designation; and

“(4) any program under which block grant funds may be provided to an Indian tribe or tribal organization, regardless of whether the block grant is for the benefit of the Indian tribe or tribal organization because of the status of the Indian tribe or tribal organization or the status of the beneficiaries the grant serves, that are made available for the purposes of—

“(A) job training;

“(B) welfare to work and tribal work experience;

“(C) creating or enhancing employment opportunities;

“(D) higher education;

“(E) skill development;

“(F) assisting Indian youth and adults to succeed in the workforce;

“(G) encouraging self-sufficiency;

“(H) familiarizing individual participants with the world of work;

“(I) facilitating the creation of job opportunities; and

“(J) any services related to the activities described in subparagraphs (A) through (I).

“(b) Transfer of funds—Notwithstanding any other provision of law, all funds for programs and services covered by an approved plan shall, at the request of the Indian tribe or tribal organization, be transferred to the Indian tribe or tribal organization pursuant to an existing contract, compact, or funding agreement awarded pursuant to the title I or IV of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450 et seq.).”

“(a) In general—Upon receipt of a plan from an Indian tribe or tribal organization, the Secretary shall consult with—

“(1) the head of each Federal agency providing funds to be used to implement the plan; and

“(2) the Indian tribe or tribal organization that submitted the plan.

“(b) Identification of waivers—The parties described 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 or tribal organization to efficiently implement the plan.

“(c) Tribal waiver request—In consultation with the Secretary, a participating Indian tribe or tribal organization may request the head of each affected agency to waive any statutory, regulatory, 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 agency shall waive any applicable statutory, regulatory, 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 agency shall not grant a waiver under paragraph (1) if the head of the affected agency determines that a waiver will be inconsistent with the purposes of this Act.

“(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 90 days after the date on which the denial is made, the head of the affected agency shall provide the requesting Indian tribe or tribal organization 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) within 90 days after the date on which the head of the affected agency receives the waiver request, the request shall be granted.

“(f) Secretarial review—If the head of an affected agency denies a waiver request under subsection (e)(2), not later than 10 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 the Act; or

“(2) will prevent the affected agency from fulfilling its obligations under the Act.

“(g) Interagency dispute resolution

“(1) In general—Not later than 20 days after the date on which the Secretary determines that granting the waiver will not be inconsistent with the provisions of the Act and would not prevent the lead agency from fulfilling its obligations under the Act, the Secretary shall establish and initiate an interagency dispute resolution process involving—

“(A) the Secretary;

“(B) the participating Indian tribe or tribal organization; 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 or tribal organization 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 inform the requesting Indian tribe or tribal organization—

“(1) the final decision on the waiver request; and

“(2) notice of the right to file an appeal to the final decision in an appropriate district court of the United States.”

“(a) 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 or tribal organization;

“(B) the education, training, and related services to be provided to assist Indians to access those employment opportunities;

“(C) the way in which services 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 or tribal organization 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 or tribal organization believes need to be waived to implement the plan; and

“(7) be approved by the governing body of the Indian tribe or tribal organization.

“(b) Exclusive authority of the Secretary—The Secretary shall have exclusive authority to approve or disapprove a plan submitted by an Indian tribe or tribal organization in accordance with section 7.

“(c) 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, including any request for a waiver that is made as part of the plan.

“(2) Approval—If the Secretary approves a plan under paragraph (1), the Secretary shall authorize the transfer of funds under the plan.

“(3) Denial—If the Secretary denies the plan under paragraph (1), the Secretary shall provide to the Indian tribe or tribal organization a written notification of disapproval of the plan that contains a specific finding that clearly demonstrates that, or that is supported by a controlling legal authority, the plan does not meet the requirements set forth in subsection (a).

“(4) Failure to act—If the Secretary does not make a decision under paragraph (1) within 90 days after the date on which the Secretary receives the plan, the plan shall be approved.

“(d) Extension of time—Notwithstanding any other provision of law, the Secretary may extend or otherwise alter the 90-day period specified in subsection (c)(1) above, if before the expiration of the period, the Secretary obtains the express written consent of the Indian tribe or tribal organization to extend or alter the period for up to 90 additional days.

“(e) Applicability—If the Secretary denies the plan under subsection (c)(1), the following shall apply:

“(1) Subsections (b) and (e) of section 102 of the Indian Self-Determination Act (25 U.S.C. 450f).

“(2) Subsections (a) and (c) of section 110 of that Act (25 U.S.C. 450m–1).”

“10. Employer training placements

“(a) In general—Subject to subsection (b), an Indian tribe or tribal organization that has in place an approved plan under this Act may use the funds made available under the plan—

“(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 1 year.

“(b) Requirements—An Indian tribe or tribal organization may carry out subsection (a) only if the tribe or tribal organization 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.”

“11. Federal responsibilities

“(a) Lead agency

“(1) In general—Notwithstanding any other provision of law, the lead agency for each program carried out under 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 and tribal organization 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 tribes and tribal organizations;

“(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) distribution of the funds to the respective Indian tribes and tribal organizations by not later than 20 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) Incorporation of self-determination

“(A) In general—At the election of an Indian tribe or tribal organization that has in place an approved plan under this Act, the plan may incorporate any provision of the Indian Self-Determination Act (25 U.S.C. 450f et seq.).

“(B) Effect—On incorporation of a provision under subparagraph (A), the provision shall have the same force and effect as if incorporated in this Act.

“(4) 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 2013, 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, tribal organizations, and Federal departments and agencies, to be cochaired by—

“(I) a representative of the President; and

“(II) a representative of the participating tribes and tribal organizations;

“(ii) an annual review of the achievements under this Act and any statutory, regulatory, administrative, or policy obstacles that prevent participating Indian tribes or tribal organizations from fully and efficiently carrying out the purposes of this Act; and

“(iii) a forum comprised of participating Indian tribes, tribal organizations, and Federal departments and agencies to identify and resolve interagency conflicts and conflicts between the Federal Government and Indian tribes or tribal organizations in the administration of this Act.

“(b) Report format

“(1) In general—The Secretary shall develop and distribute to Indian tribes and tribal organizations 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 Secretary shall ensure that the report format developed under paragraph (1), together with records maintained by each participating Indian tribe or tribal organization, contains information sufficient—

“(A) to determine whether the tribe or tribal organization has complied with the requirements of the approved plan of the tribe or tribal organization; and

“(B) to provide assurances to the head of each applicable Federal department or agency that the tribe or tribal organization has complied with all directly applicable statutory and regulatory requirements.

“(3) Limitation—The report format developed under paragraph (1) shall not require a participating Indian tribe or tribal organization to report on the expenditure of funds (expressed by fund source or single agency code) transferred to the tribe or tribal organization under an approved plan under this Act.”

“(1) the enactment of this Act; or

“(2) the approval or implementation of a plan under this Act.”

“13. Interagency transfers of funds

“Notwithstanding any other provision of law, not later than 20 days after the date of apportionment to the applicable department or agency, the Secretary, together 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, as appropriate, may transfer to the Director of the Bureau of Indian Affairs, for distribution to an Indian tribe or tribal organization that has in place an approved plan under this Act, any funds otherwise available to the applicable department or agency to achieve the purposes of this Act.”