INDIAN EMPLOYMENT, TRAINING AND RELATED SERVICES CONSOLIDATION ACT OF 2016; Congressional Record Vol. 162, No. 176
(House of Representatives - December 07, 2016)

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From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 INDIAN EMPLOYMENT, TRAINING AND RELATED SERVICES CONSOLIDATION ACT OF 
                                  2016

  Mr. YOUNG of Alaska. Mr. Speaker, I move to suspend the rules and 
pass 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, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 329

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     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:

     ``SEC. 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 in accordance with waiver authority granted 
     under section 7(d); 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) skill development;
       ``(v) assisting Indian youth and adults to succeed in the 
     workforce;
       ``(vi) encouraging self-sufficiency;
       ``(vii) familiarizing individual participants with the 
     world of work;
       ``(viii) facilitating the creation of job opportunities;
       ``(ix) economic development; or
       ``(x) 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

[[Page H7293]]

     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, including the expected number 
     of program participants in unsubsidized employment during the 
     second quarter after exit from the program, 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, 
     after coordinating with the Secretary of each Federal agency 
     providing funds to be used to implement the plan, 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.--
       ``(A) In general.--The district courts of the United States 
     shall have original jurisdiction of a civil action against 
     the appropriate Secretary arising under this section.
       ``(B) Administrative hearing and appeal not required.--An 
     Indian tribe may bring a civil action 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 injunctive 
     relief to reverse a denial of a plan under this section or 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 thereunder) against any action by an 
     officer or employee of the United States or any agency 
     thereof contrary to this Act or regulations promulgated 
     thereunder.
       ``(3) Final 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--
       ``(A) 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

[[Page H7294]]

     Affairs) in which the decision that is the subject of the 
     appeal was made; or
       ``(B) by an administrative law judge.''.

     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) in coordination with the head of each Federal agency 
     overseeing a program identified in the plan, 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, 
     including the number and percentage of program participants 
     in unsubsidized employment during the second quarter after 
     exit from the program, 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;
       ``(B) to determine the number and percentage of program 
     participants in unsubsidized employment during the second 
     quarter after exit from the program; and
       ``(C) 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 but instead shall 
     require the Indian tribe to submit a single report on the 
     expenditure of consolidated funds under such plan.''.

     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

[[Page H7295]]

     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, 
     except those administered by the Department of Labor or the 
     Department of Health and Human Services.
       ``(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).

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Alaska (Mr. Young) and the gentleman from the Northern Mariana Islands 
(Mr. Sablan) each will control 20 minutes.
  The Chair recognizes the gentleman from Alaska.


                             General Leave

  Mr. YOUNG of Alaska. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days to revise and extend their remarks 
and include extraneous materials on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Alaska?
  There was no objection.
  Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, my bill, the Indian Employment, Training and Related 
Services Consolidation Act, will empower tribes and tribal 
organizations to offer workforce development issues that uplift Native 
communities throughout the country. This bipartisan legislation will 
make the tribal 477 program permanent and make improvements to its 
administration.
  The 477 program was established in 1992--by the way, I was the 
sponsor of that legislation at that time, also--as a demonstration 
program. It allows tribes to combine employment, child care, and job 
training funding from a variety of Federal sources to conduct 
consolidated, comprehensive reporting. This has enabled tribes to run 
innovative programs and saved both the tribes and the Federal 
Government money and resources.
  I would suggest respectfully that this is a great piece of 
legislation. The 477 program embodies tribal self-determination by 
allowing tribes to provide opportunities tailored to the unique needs 
of their communities. Significant education and training needs exist in 
Indian country, and the 477 program has a proven track record of 
success. This is particularly true in Alaska, where the Cook Inlet 
Tribal Council has pioneered a smart model that provides holistic 
services, all under one roof, for individuals and families.
  My bill improves accounting procedures and reporting mechanisms to 
uphold the original intent of the program, ensures that agencies treat 
tribes fairly, and sets a foundation for participants' continued 
success.
  I especially, at this time, would like to thank the members of the 
477 tribal work group who, over the past 4 years, have been dedicated 
to developing and advancing this legislation. Without the work group's 
tireless advocacy, this bill would not have been possible.
  I would also like to thank Chairman Bishop and Ranking Member 
Grijalva and their staffs for their work on the bill and commitment to 
advancing it through the process. I would specifically like to 
recognize Ken Degenfelder on Chairman Bishop's staff and Alex Ortiz on 
my staff.
  Finally, I would like to offer my thanks to Chairman Brady, Chairman 
Kline, and Chairman Goodlatte and their staffs for working together on 
the committee on which I serve to improve this bill.
  I would like to thank them for agreeing to help expedite 
consideration of this bill today, and I urge adoption of H.R. 329.
  Mr. Speaker, I reserve the balance of my time.

         House of Representatives, Committee on Education and the 
           Workforce,
                                 Washington, DC, December 5, 2106.
     Hon. Rob Bishop,
     Chairman, Committee on Natural Resources, House of 
         Representatives, Washington, DC.
       Dear Mr. Chairman: I write to confirm our mutual 
     understanding with respect to H.R. 329, the Indian 
     Employment, Training and Related Services Consolidation Act 
     of 2015. Thank you for consulting with the Committee on 
     Education and the Workforce with regard to H.R. 329 on those 
     matters within my committee's jurisdiction and making 
     improvements to the legislation to address concerns.
       In the interest of expediting the House's consideration of 
     H.R. 329, the Committee on Education and the Workforce will 
     forgo further consideration of this bill. However, I do so 
     only with the understanding this procedural route will not be 
     construed to prejudice my committee's jurisdictional interest 
     and prerogatives on this bill or any other similar 
     legislation and will not be considered as precedent for 
     consideration of matters of jurisdictional interest to my 
     committee in the future.
       I respectfully request your support for the appointment of 
     outside conferees from the Committee on Education and the 
     Workforce should this bill or a similar bill be considered in 
     a conference with the Senate. I also request you include our 
     exchange of letters on this matter in the Committee Report on 
     H.R. 329 and in the Congressional Record during consideration 
     of this bill on the House Floor. Thank you for your attention 
     to these matters.
           Sincerely,
                                                       John Kline,
     Chairman.
                                  ____

                                         House of Representatives,


                               Committee on Natural Resources,

                                 Washington, DC, December 2, 2016.
     Hon. Kevin Brady,
     Chairman, Committee on Ways and Means,
     Washington, DC.
       Dear Mr. Chairman: On November 16, 2016, the Committee on 
     Natural Resources favorably reported as amended H.R. 329, the 
     Indian Employment, Training and Related Services 
     Consolidation Act of 2016. The bill was sequentially referred 
     to the Committee on Ways and Means and the Committee on 
     Education and the Workforce until December 8, 2016.
       I understand our staffs have been able to negotiate out 
     text that is agreeable to you. Therefore, I ask that you 
     allow the Committee on Ways and Means to be discharged

[[Page H7296]]

     from further consideration of the bill before December 8, 
     2016, so that this revised text for H.R. 329 may be scheduled 
     by the Majority Leader. This discharge in no way affects your 
     jurisdiction over the subject matter of the bill, and it will 
     not serve as precedent for future referrals. In addition, 
     should a conference on the bill be necessary, I would support 
     your request to have the Committee on Ways and Means 
     represented on the conference committee. Finally, I would be 
     pleased to submit this letter and any response to the 
     Congressional Record.
       Thank you for your consideration of my request and for the 
     extraordinary cooperation shown by you and your staff over 
     matters of shared jurisdiction. I look forward to further 
     opportunities to work with you next Congress.
           Sincerely,
                                                       Rob Bishop,
     Chairman, Committee on Natural Resources.
                                  ____

                                         House of Representatives,


                                  Committee on Ways and Means,

                                 Washington, DC, December 2, 2016.
     Hon. Rob Bishop,
     Chairman, Committee on Natural Resources,
     Washington, DC.
       Dear Chairman Bishop: I write with respect to H.R. 329, the 
     ``Indian Employment, Training and Related Services 
     Consolidation Act of 2015,'' on which the Committee on Ways 
     and Means received a sequential referral.
       I appreciate your willingness to work with my Committee on 
     this legislation. In order to allow H.R. 329 to move 
     expeditiously to the House floor, I agree to forgo a markup 
     of this bill. The Committee on Ways and Means takes this 
     action with our mutual understanding that by forgoing 
     consideration of H.R. 329 at this time, we do not waive any 
     jurisdiction over subject matter contained in this or similar 
     legislation, and that our Committee will be appropriately 
     consulted and involved as this bill or similar legislation 
     moves forward. Our Committee also reserves the right to seek 
     appointment of an appropriate number of conferees to any 
     House-Senate conference involving this or similar 
     legislation, and asks that you support any such request.
       I would appreciate your response to this letter confirming 
     this understanding, and would request that you include a copy 
     of this letter and your response in the Congressional Record 
     during the floor consideration of this bill. Thank you in 
     advance for your cooperation.
           Sincerely,
                                                      Kevin Brady,
     Chairman.
                                  ____

                                         House of Representatives,


                               Committee on Natural Resources,

                                 Washington, DC, December 2, 2016.
     Hon. Kevin Brady,
     Chairman, Committee on Ways and Means,
     Washington, DC.
       Dear Mr. Chairman: On November 16, 2016, the Committee on 
     Natural Resources favorably reported as amended H.R. 329, the 
     Indian Employment, Training and Related Services 
     Consolidation Act of 2016. The bill was sequentially referred 
     to the Committee on Ways and Means and the Committee on 
     Education and the Workforce until December 8, 2016.
       I understand our staffs have been able to negotiate out 
     text that is agreeable to you. Therefore, I ask that you 
     allow the Committee on Ways and Means to be discharged from 
     further consideration of the bill before December 8, 2016, so 
     that this revised text for H.R. 329 may be scheduled by the 
     Majority Leader. This discharge in no way affects your 
     jurisdiction over the subject matter of the bill, and it will 
     not serve as precedent for future referrals. In addition, 
     should a conference on the bill be necessary, I would support 
     your request to have the Committee on Ways and Means 
     represented on the conference committee. Finally, I would be 
     pleased to submit this letter and any response to the 
     Congressional Record.
       Thank you for your consideration of my request and for the 
     extraordinary cooperation shown by you and your staff over 
     matters of shared jurisdiction. I look forward to further 
     opportunities to work with you next Congress.
           Sincerely,
                                                       Rob Bishop,
     Chairman, Committee on Natural Resources.
                                  ____

                                         House of Representatives,


                               Committee on Natural Resources,

                               Washington, DC, September 12, 2016.
     Hon. Bob Goodlatte,
     Chairman, Committee on the Judiciary,
     Washington, DC.
       Dear Mr. Chairman: On March 16, 2016, the Committee on 
     Natural Resources favorably reported as amended H.R. 329, the 
     Indian Employment, Training and Related Services 
     Consolidation Act of 2016, by unanimous consent. My staff has 
     shared the reported text of the bill with your staff.
       The reported bill contains provisions regarding judicial 
     review, a matter within the jurisdiction of the Committee on 
     the Judiciary. Specifically, section 9 of the bill amends 
     section 8(d) of the Indian Employment, Training and Related 
     Services Act of 1992 to provide for judicial review of the 
     Secretary of the Interior's denial of a plan. I understand 
     that you have concerns regarding this provision. Based on my 
     agreement to drop this text from the bill when it is 
     considered by the House of Representatives, I ask that the 
     Committee on the Judiciary not seek a sequential referral of 
     the bill so that it may be scheduled by the Majority Leader 
     before the House adjourns for the election. This concession 
     in no way affects your jurisdiction over the subject matter 
     of the bill, and it will not serve as precedent for future 
     referrals. In addition, should a conference on the bill be 
     necessary and the issues raised by the omitted text are 
     within the scope of the conference, I would support your 
     request to have the Committee on the Judiciary represented on 
     the conference committee. Finally, I would be pleased to 
     include this letter and any response in the Congressional 
     Record to document this agreement.
       Thank you for your consideration of my request, and I look 
     forward to further opportunities to work with you this 
     Congress.
           Sincerely,
                                                       Rob Bishop,
     Chairman, Committee on Natural Resources.
                                  ____

                                         House of Representatives,


                                   Committee on the Judiciary,

                               Washington, DC, September 22, 2016.
     Hon. Rob Bishop,
     Chairman, Committee on Natural Resources,
     Washington, DC.
       Dear Chairman Bishop: Thank you for your letter regarding 
     H.R. 329, the ``Indian Employment, Training and Related 
     Services Consolidation Act.'' I appreciate your willingness 
     to work with me on this issue.
       As you note in your letter, the reported bill contains 
     provisions regarding judicial review that fall within the 
     Rule X jurisdiction of the Committee on the Judiciary. 
     Specifically, section 9 of the bill amends section 8(d) of 
     the Indian Employment, Training and Related Services Act of 
     1992 to provide for judicial review of the Secretary of the 
     Interior's denial of a plan. The Judiciary Committee has 
     concerns with this provision. However, based on your 
     agreement to drop this text from the bill or similar 
     legislation when it is considered by the House, the Judiciary 
     Committee will not seek a sequential referral of the bill. 
     The Committee takes this action with our mutual understanding 
     that by forgoing a sequential referral of H.R. 329 at this 
     time, we do not waive any jurisdiction over subject matter 
     contained in this or similar legislation and that our 
     committee will be appropriately consulted and involved as 
     this bill or similar legislation moves forward so that we may 
     address any remaining issues in our jurisdiction. Our 
     committee also reserves the right to seek appointment of an 
     appropriate number of conferees to any House-Senate 
     conference involving this or similar legislation and asks 
     that you support any such request.
       I would ask that a copy of our exchange of letters on this 
     matter be included in your committee report and in the 
     Congressional Record during floor consideration of H.R. 329.
           Sincerely,
                                                    Bob Goodlatte,
                                                         Chairman.

  Mr. SABLAN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, Public Law 102-477 established what is commonly known as 
the 477 program to foster employment and economic development in Indian 
country. This highly successful program authorizes tribal governments 
to consolidate up to 13 different Federal grant programs into a single 
plan with a single budget and a single reporting system.
  Current participants in the program have significantly improved 
effectiveness of the delivery of services included in the 477 plan, 
while lowering administrative costs. These cost savings have been 
translated into more and better direct services for their communities.
  H.R. 329 will build on this success by permanently authorizing the 
program, by increasing the scope and availability of participating 
Federal grant programs, and by setting a streamlined process for tribes 
to follow.
  I want to congratulate Chairman Young for his tireless work on this 
legislation and for putting together a piece of legislation that we 
should always consider and for bringing together all of the 
stakeholders to address the concerns and find a workable solution.
  I ask my colleagues to join me in supporting this legislation.
  Mr. Speaker, I have no further speakers, and I yield back the balance 
of my time.
  Mr. YOUNG of Alaska. Mr. Speaker, I have no further speakers, and I 
urge passage of the legislation.
  Mr. Speaker, I yield back the balance of my time.
  Mr. SCOTT of Virginia. Mr. Speaker, I rise to express my concerns 
with H.R. 329. While the legislation seeks to provide additional 
flexibility and support to Indian tribes--a worthy goal--I remain 
concerned that it could have the effect of weakening the services 
provided to families and children in Indian tribes.
  Currently, Indian tribes have the option to consolidate certain 
federal funding streams related to work and job training into one 
grant. H.R. 329 includes a number of changes to this consolidation 
option and expands the number of programs that can be consolidated.

[[Page H7297]]

  The legislation could be interpreted in an overly broad fashion 
resulting in the inclusion of programs that may not be appropriate to 
include--programs or services only ``relating to'' job training, skill 
development, and economic development, or other related goals.
  The Education and the Workforce Committee, on which I serve as 
Ranking Member, was given a sequential jurisdictional referral on this 
legislation, but has not considered the legislation nor considered its 
impact on education and training programs within our jurisdiction.
  Specifically, our Committee has an interest in ensuring that program 
funds are used for their intended purpose. Whether the TANF program or 
Head Start, adequate reporting and oversight protect beneficiaries and 
ensure the quality of services. For example, Head Start performance 
standards are vital to the success of the program.
  While I do not intend to oppose the legislation, I encourage 
continued robust oversight of the programs impacted by this bill to 
ensure that quality and effective education and job training programs 
remain available to our nation's tribes.
  Mr. BRADY of Texas. Mr. Speaker, I rise in support of H.R. 329, the 
Indian Employment, Training, and Related Services Consolidation Act of 
2015.
  In particular, I'm grateful for the opportunity I had to work with 
Representative Young and the Natural Resources Committee to address 
some concerns I had with a previous version of the bill, and I'm 
grateful for the collaborative effort between our two committees so 
this bill can move forward today.
  Under current law, Indian tribes can combine funding for employment, 
training, and related services to streamline their administration of 
social service programs--often referred to as ``section 477 
demonstration projects.'' Many times the dollar amounts received from 
the individual programs are rather small, so being able to combine 
funds with similar purposes allows tribes to achieve more effective 
economies of scale. However, in recent years these tribes have run into 
challenges as they have sought to operate these demonstration projects 
to best serve their members. The goal of H.R. 329 is to clarify 
confusion related to these demonstration projects, increase the 
flexibility Indian tribes have in consolidating these programs, and 
ensure accountability of taxpayer dollars.
  While I agreed with the general intent of the prior version of this 
bill, I was concerned that it may have unintentionally undermined 
important requirements in current law for programs under Ways and Means 
jurisdiction, such as TANF and child care. To balance the goal of 
increased flexibility for tribes with appropriate oversight and 
accountability, I asked Representative Young to amend the text to 
ensure the bill would not:
  Undermine important rules regarding how funds appropriated for 
specific purposes can be used;
  Eliminate requirements specifying how the spending of consolidated 
funds must be accounted for; and
  Change how funds authorized by the Ways and Means Committee are 
treated for matching purposes.
  First, I'm glad this bill now reiterates that agencies providing 
funding to tribes have the authority to approve or deny waivers of key 
program provisions. For example, this would mean the Department of 
Health and Human Services (HHS) could deny an Indian tribe's request to 
use federal child care funds for the purchase or improvement of land, 
as such use of child care funds is not permitted under current law. HHS 
could also forbid a tribe from using federal TANF funds to pay for 
medical services, something states and tribes are not permitted to do 
under current law. At the same time, agencies and departments, like 
HIS, are encouraged to waive program requirements when they will assist 
the tribe in streamlining the administration of their social service 
programs to better serve their members, as long as they don't undermine 
the central purposes for which the money was originally appropriated.
  Second, there was some concern that the bill would eliminate 
requirements that tribes report how they spend funds consolidated in 
section 477 projects. Mr. Young has modified the bill to reiterate that 
tribes must report how funds are spent, but that they will not be 
required to report spending by specific program. Since 2011, a tribal 
working group has worked diligently to simplify tribal financial 
reporting, and the group has recently agreed upon a unified financial 
report that allows tribes to report by category, instead of by program. 
This form allows taxpayers to understand broadly how dollars are spent, 
without requiring tribes to maintain complex accounting systems 
necessary to report on spending per the rules for each separate 
program. This form is now in use, and I hope this working group, or 
future iterations of it, will continue to engage, as needed, to ensure 
this form adequately serves all stakeholders in the same manner.
  Third, the earlier version of this bill allowed tribes operating 
section 477 projects to count federal funding received through HHS and 
the Department of Labor (DOL) to count as tribal spending for matching 
purposes. Because this would have allowed tribes to use federal funds 
as match to draw down additional federal dollars--and because it would 
have advantaged tribes operating these demonstrations compared to those 
not operating these demos--I asked that this language not apply to 
funding administered by HHS and DOL. Mr. Young agreed to incorporate 
this change, and I'm grateful for his willingness to do so.
  Finally, I'm glad we could work together to restore language in the 
bill regarding coordination between the Department of the Interior and 
other departments as these projects are approved. It is important that 
agencies work together to ensure tribes have the flexibility they need 
to streamline their services, while maintaining a balance between 
flexibility and accountability.
  Together, these changes will support tribes as they seek to better 
serve their members, while maintaining appropriate accountability of 
taxpayer dollars and ensuring funds are used to meet the goals for 
which they were appropriated.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Alaska (Mr. Young) that the House suspend the rules and 
pass the bill, H.R. 329, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________