[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 329 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 662
114th CONGRESS
  2d Session
                                H. R. 329

                      [Report No. 114-828, Part I]

     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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 13, 2015

 Mr. Young of Alaska introduced the following bill; which was referred 
                 to the Committee on Natural Resources

                           November 16, 2016

 Reported with an amendment and referred to the Committee on Education 
  and the Workforce and the Committee on Ways and Means for a period 
   ending not later than December 8, 2016, for consideration of such 
 provisions of the bill and amendment as fall within the jurisdictions 
of those committees pursuant to clause 1(e) and clause 1(t) of rule X, 
                              respectively
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                            December 7, 2016

 Additional sponsors: Mr. Cole, Mr. Russell, Mr. Mullin, and Mr. Kilmer

                            December 7, 2016

   The Committees on Education and the Workforce and Ways and Means 
discharged; committed to the Committee of the Whole House on the State 
                 of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on January 
                               13, 2015]


_______________________________________________________________________

                                 A BILL


 
     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.


 


    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:

``SECTION 1. SHORT TITLE.

    ``This Act may be cited as the `Indian Employment, Training and 
Related Services Act of 1992'.''.
    (b) References.--Any reference in law to the ``Indian Employment, 
Training and Related Services Demonstration Act of 1992'' shall be 
deemed to be a reference to the ``Indian Employment, Training and 
Related Services Act of 1992''.

SEC. 3. STATEMENT OF PURPOSE.

    Section 2 of the Indian Employment, Training and Related Services 
Act of 1992 (25 U.S.C. 3401), as amended by section 2 of this Act, is 
amended--
            (1) by striking ``The purposes of this Act are to 
        demonstrate how Indian tribal governments can'' and inserting 
        ``The purpose of this Act is to facilitate the ability of 
        Indian tribes and tribal organizations to'';
            (2) by inserting ``from diverse Federal sources'' after 
        ``they provide'';
            (3) by striking ``and serve tribally-determined'' and 
        inserting ``, and serve tribally determined''; and
            (4) by inserting ``, while reducing administrative, 
        reporting, and accounting costs'' after ``policy of self-
        determination''.

SEC. 4. DEFINITIONS.

    Section 3 of the Indian Employment, Training and Related Services 
Act of 1992 (25 U.S.C. 3402), as amended by section 2 of this Act, is 
amended--
            (1) by striking paragraph (2) and inserting the following:
            ``(2) Indian tribe.--
                    ``(A) In general.--The terms `Indian tribe' and 
                `tribe' have the meaning given the term `Indian tribe' 
                in section 4 of the Indian Self-Determination and 
                Education Assistance Act (25 U.S.C. 450b).
                    ``(B) Inclusion.--The term `Indian tribe' includes 
                tribal organizations (as defined in section 4 of the 
                Indian Self-Determination and Education Assistance Act 
                (25 U.S.C. 450b)).'';
            (2) by redesignating paragraph (4) as paragraph (5); and
            (3) by inserting after paragraph (3) the following:
            ``(4) Program.--The term `program' means a program 
        described in section 5(a).''.

SEC. 5. INTEGRATION OF SERVICES AUTHORIZED.

    Section 4 of the Indian Employment, Training and Related Services 
Act of 1992 (25 U.S.C. 3403), as amended by section 2 of this Act, is 
amended to read as follows:

``SEC. 4. INTEGRATION OF SERVICES AUTHORIZED.

    ``The Secretary shall, after approving a plan submitted by an 
Indian tribe in accordance with section 8, authorize the Indian tribe 
to, in accordance with the plan--
            ``(1) integrate the programs and Federal funds received by 
        the Indian tribe; and
            ``(2) coordinate the employment, training, and related 
        services provided with those funds in a consolidated and 
        comprehensive tribal plan.''.

SEC. 6. PROGRAMS AFFECTED AND TRANSFER OF FUNDS.

    Section 5 of the Indian Employment, Training and Related Services 
Act of 1992 (25 U.S.C. 3404), as amended by section 2 of this Act, is 
amended to read as follows:

``SEC. 5. PROGRAMS AFFECTED.

    ``(a) Programs Affected.--
            ``(1) In general.--The programs that may be integrated 
        pursuant to a plan approved under section 8 shall be only 
        programs--
                    ``(A) implemented for the purpose of--
                            ``(i) job training;
                            ``(ii) welfare to work and tribal work 
                        experience;
                            ``(iii) creating or enhancing employment 
                        opportunities;
                            ``(iv) higher education;
                            ``(v) skill development;
                            ``(vi) assisting Indian youth and adults to 
                        succeed in the workforce;
                            ``(vii) encouraging self-sufficiency;
                            ``(viii) familiarizing individual 
                        participants with the world of work;
                            ``(ix) facilitating the creation of job 
                        opportunities;
                            ``(x) economic development; or
                            ``(xi) any services related to the 
                        activities described in clauses (i) through 
                        (x); and
                    ``(B) under which an Indian tribe or members of an 
                Indian tribe--
                            ``(i) are eligible to receive funds--
                                    ``(I) under a statutory or 
                                administrative formula making funds 
                                available to an Indian tribe; or
                                    ``(II) due to their status as 
                                Indians under Federal law; or
                            ``(ii) have secured funds as a result of a 
                        competitive process, a noncompetitive process, 
                        or a specific designation.
            ``(2) Treatment of block grant funds.--For purposes of this 
        section, programs funded by block grant funds provided to an 
        Indian tribe, regardless of whether the block grant is for the 
        benefit of the Indian tribe because of the status of the Indian 
        tribe or the status of the beneficiaries the grant serves, 
        shall be eligible to be integrated into the plan.
    ``(b) Program Authorization.--The Secretary shall, in cooperation 
with the Attorney General, the Secretary of Agriculture, the Secretary 
of Commerce, the Secretary of Education, the Secretary of Energy, the 
Secretary of Health and Human Services, the Secretary of Homeland 
Security, the Secretary of Housing and Urban Development, the Secretary 
of Labor, the Secretary of Transportation, and the Secretary of 
Veterans Affairs, after the Secretary approves a plan submitted by an 
Indian tribe or tribal organization under section 8, authorize the 
Indian tribe or tribal organization, as applicable, to coordinate, in 
accordance with the plan, federally funded employment, training, and 
related services programs and funding in a manner that integrates the 
programs and funding into a consolidated and comprehensive program.''.

SEC. 7. PLAN REQUIREMENTS.

    Section 6 of the Indian Employment, Training and Related Services 
Act of 1992 (25 U.S.C. 3405), as amended by section 2 of this Act, is 
amended to read as follows:

``SEC. 6. PLAN REQUIREMENTS.

    ``A plan submitted to the Secretary for approval under this Act 
shall--
            ``(1) identify the programs to be integrated and 
        consolidated;
            ``(2) be consistent with the purposes of this Act;
            ``(3) describe--
                    ``(A) a comprehensive strategy identifying the full 
                range of potential employment opportunities on and near 
                the service area of the Indian tribe;
                    ``(B) the education, training, and related services 
                to be provided to assist Indians to access those 
                employment opportunities;
                    ``(C) the way in which services and program funds 
                are to be integrated, consolidated, and delivered; and
                    ``(D) the results expected from the plan;
            ``(4) identify the projected expenditures under the plan in 
        a single budget covering all consolidated funds;
            ``(5) identify any agency of the Indian tribe to be 
        involved in the delivery of the services integrated under the 
        plan;
            ``(6) identify any statutory provisions, regulations, 
        policies, or procedures that the Indian tribe believes need to 
        be waived to implement the plan; and
            ``(7) be approved by the governing body of the Indian 
        tribe.''.

SEC. 8. PLAN REVIEW; WAIVER AUTHORITY; AND DISPUTE RESOLUTION.

    Section 7 of the Indian Employment, Training and Related Services 
Act of 1992 (25 U.S.C. 3406), as amended by section 2 of this Act, is 
amended to read as follows:

``SEC. 7 PLAN REVIEW.

    ``(a) In General.--Upon receipt of a plan from an Indian tribe, the 
Secretary shall consult with--
            ``(1) the head of each Federal agency overseeing a program 
        identified in the plan; and
            ``(2) the Indian tribe that submitted the plan.
    ``(b) Identification of Waivers.--The parties identified in 
subsection (a) shall identify any waivers of applicable statutory, 
regulatory, or administrative requirements, or of Federal agency 
policies or procedures necessary to enable the Indian tribe to 
efficiently implement the plan.
    ``(c) Tribal Waiver Request.--In consultation with the Secretary, a 
participating Indian tribe may request that the head of each affected 
agency waive any statutory, regulatory, or administrative requirement, 
policy, or procedure identified subsection (b).
    ``(d) Waiver Authority.--
            ``(1) In general.--Except as provided in paragraph (2), 
        notwithstanding any other provision of law, the head of each 
        affected Federal agency shall waive any applicable statutory, 
        regulatory, or administrative requirement, regulation, policy, 
        or procedure promulgated by the agency that has been identified 
        by the parties under subparagraph (b).
            ``(2) Exception.--The head of an affected Federal agency 
        shall not grant a waiver under paragraph (1) if the head of the 
        affected agency determines that a waiver will be inconsistent 
        with--
                    ``(A) the purposes of this Act; or
                    ``(B) the provision of law from which the program 
                included in the plan derives its authority that is 
                specifically applicable to Indians.
    ``(e) Decision on Waiver Request.--
            ``(1) In general.--Not later than 90 days after the head of 
        an affected agency receives a waiver request, the head of the 
        affected agency shall decide whether to grant or deny the 
        request.
            ``(2) Denial of request.--If the head of the affected 
        agency denies a waiver request, not later than 30 days after 
        the date on which the denial is made, the head of the affected 
        agency shall provide the requesting Indian tribe and the 
        Secretary with written notice of the denial and the reasons for 
        the denial.
            ``(3) Failure to act on request.--If the head of an 
        affected agency does not make a decision under paragraph (1) by 
        the deadline identified in that paragraph, the request shall be 
        considered to be granted.
    ``(f) Secretarial Review.--If the head of an affected agency denies 
a waiver request under subsection (e)(2), not later than 30 days after 
the date on which the request is denied, the Secretary shall review the 
denial and determine whether granting the waiver--
            ``(1) will be inconsistent with the provisions of this Act; 
        or
            ``(2) will prevent the affected agency from fulfilling the 
        obligations of the affected agency under this Act.
    ``(g) Interagency Dispute Resolution.--
            ``(1) In general.--Not later than 30 days after the date on 
        which the Secretary determines that granting the waiver will 
        not be inconsistent with the provisions of this Act and will 
        not prevent the affected agency from fulfilling the obligations 
        of the affected agency under this Act, the Secretary shall 
        establish and initiate an interagency dispute resolution 
        process involving--
                    ``(A) the Secretary;
                    ``(B) the participating Indian tribe; and
                    ``(C) the head of the affected agency.
            ``(2) Duration.--A dispute subject to paragraph (1) shall 
        be resolved not later than 30 days after the date on which the 
        process is initiated.
    ``(h) Final Authority.--If the dispute resolution process fails to 
resolve the dispute between a participating Indian tribe and an 
affected agency, the head of the affected agency shall have the final 
authority to resolve the dispute.
    ``(i) Final Decision.--Not later than 10 days after the date on 
which the dispute is resolved under this section, the Secretary shall 
provide the requesting Indian tribe with--
            ``(1) the final decision on the waiver request; and
            ``(2) notice of the right to file an appeal in accordance 
        with the applicable provisions described in section 8(d).''.

SEC. 9. PLAN APPROVAL; SECRETARIAL AUTHORITY; REVIEW OF DECISION.

    Section 8 of the Indian Employment, Training and Related Services 
Act of 1992 (25 U.S.C. 3407), as amended by section 2 of this Act, is 
amended to read as follows:

``SEC. 8. PLAN APPROVAL; SECRETARIAL AUTHORITY; REVIEW OF DECISION.

    ``(a) In General.--The Secretary shall have exclusive authority to 
approve or disapprove a plan submitted by an Indian tribe in accordance 
with section 6.
    ``(b) Approval Process.--
            ``(1) In general.--Not later than 90 days after the date on 
        which the Secretary receives a plan, the Secretary shall 
        approve or deny the plan.
            ``(2) Approval.--If the Secretary approves a plan under 
        paragraph (1), the Secretary shall authorize the transfer of 
        program funds identified in the plan in accordance with section 
        13.
            ``(3) Denial.--If the Secretary denies the plan under 
        paragraph (1), the Secretary shall provide to the Indian tribe 
        a written notification of disapproval of the plan that contains 
        a specific finding that clearly demonstrates, or that is 
        supported by a controlling legal authority, that the plan does 
        not meet the requirements described in section 6.
            ``(4) Partial approval.--
                    ``(A) In general.--If a plan is denied under 
                paragraph (3) solely on the basis that a request for a 
                waiver that is part of the plan has not been approved 
                (or is subject to dispute resolution) under section 7, 
                the Secretary shall, upon a request from the tribe, 
                grant partial approval for those portions of the plan 
                not affected by the request for a waiver.
                    ``(B) Approval after resolution.--With respect to a 
                plan described in subparagraph (A), on resolution of 
                the request for a waiver under section 7, the Secretary 
                shall, on a request from the tribe, approve the plan or 
                amended plan not later than 90 days after the date on 
                which the Secretary receives the request.
            ``(5) Failure to act.--If the Secretary does not make a 
        decision under paragraph (1) within 90 days of the date on 
        which the Secretary receives the plan, the plan shall be 
        considered to be approved.
    ``(c) Extension of Time.--Notwithstanding any other provision of 
law, the Secretary may extend or otherwise alter the 90-day period 
identified in subsection (b)(1) for not more than 90 additional days, 
if, before the expiration of the period, the Secretary obtains the 
express written consent of the Indian tribe.
    ``(d) Review of Denial.--
            ``(1) Procedure upon refusal to approve plan.--If the 
        Secretary denies a plan under subsection (b)(3), the Secretary 
        shall--
                    ``(A) state any objections in writing to the Indian 
                tribe;
                    ``(B) provide assistance to the Indian tribe to 
                overcome the stated objections; and
                    ``(C) unless the Indian tribe brings a civil action 
                under paragraph (2), provide the Indian tribe with a 
                hearing on the record with the right to engage in full 
                discovery relevant to any issue raised in the matter 
                and the opportunity for appeal on the objections 
                raised, under such rules and regulations as the 
                Secretary may promulgate.
            ``(2) Civil actions; concurrent jurisdiction; relief.--
                    ``(A) In general.--The district courts of the 
                United States shall have original jurisdiction of a 
                civil action or claim against the appropriate Secretary 
                arising under this section and over any civil action or 
                claim against the Secretary for money damages arising 
                under contracts authorized by this section.
                    ``(B) Administrative hearing and appeal not 
                required.--An Indian tribe may bring a civil action or 
                claim under this paragraph without regard to whether 
                the Indian tribe had a hearing or filed an appeal under 
                paragraph (1).
                    ``(C) Relief.--In an action brought under this 
                paragraph, the court may order appropriate relief, 
                including--
                            ``(i) money damages;
                            ``(ii) injunctive relief against any action 
                        by an officer or employee of the United States 
                        or any agency thereof contrary to this Act or 
                        regulations promulgated thereunder (including 
                        immediate injunctive relief to reverse a denial 
                        of a plan under this section or to compel the 
                        Secretary to approve a plan); and
                            ``(iii) a writ of mandamus to compel an 
                        officer or employee of the United States, or 
                        any agency thereof, to perform a duty provided 
                        under this Act or regulations promulgated 
                        hereunder.
            ``(3) Burden of proof at hearing or appeal declining 
        contract; final agency action.--
                    ``(A) In general.--With respect to any hearing or 
                appeal conducted under paragraph (1)(C) or any civil 
                action brought under paragraph (2), the Secretary shall 
                have the burden of proving by clear and convincing 
                evidence the validity of the grounds for denying 
                approval of a plan (or portion thereof).
                    ``(B) Agency action.--Notwithstanding any other 
                provision of law, a decision by an official of the 
                Department of the Interior or the Department of Health 
                and Human Services, as appropriate (collectively 
                referred to in this paragraph as the `Department') that 
                constitutes final agency action and that relates to an 
                appeal within the Department that is conducted under 
                paragraph (1)(C) shall be made--
                            ``(i) by an official of the Department who 
                        holds a position at a higher organizational 
                        level within the Department than the level of 
                        the departmental agency (such as the Indian 
                        Health Service or the Bureau of Indian Affairs) 
                        in which the decision that is the subject of 
                        the appeal was made; or
                            ``(ii) by an administrative judge.
            ``(4) Application of laws to administrative appeals.--
        Section 504 of title 5, United States Code, and section 2412 of 
        title 28, United States Code, shall apply to any administrative 
        appeals pending on or filed after October 5, 1988, by an Indian 
        tribe regarding a plan under this Act.''.

SEC. 10. EMPLOYER TRAINING PLACEMENTS.

    Section 10 of the Indian Employment, Training and Related Services 
Act of 1992 (25 U.S.C. 3409), as amended by section 2 of this Act, is 
amended to read as follows:

``SEC. 10. EMPLOYER TRAINING PLACEMENTS.

    ``(a) In General.--Subject to subsection (b), an Indian tribe that 
has in place an approved plan under this Act may use the funds made 
available for the plan under this Act--
            ``(1) to place participants in training positions with 
        employers; and
            ``(2) to pay the participants a training allowance or wage 
        for a training period of not more than 24 months, which may be 
        nonconsecutive.
    ``(b) Requirements.--An Indian tribe may carry out subsection (a) 
only if the Indian tribe enters into a written agreement with each 
applicable employer under which the employer shall agree--
            ``(1) to provide on-the-job training to the participants; 
        and
            ``(2) on satisfactory completion of the training period 
        described in subsection (a)(2), to prioritize the provision of 
        permanent employment to the participants.''.

SEC. 11. FEDERAL RESPONSIBILITIES.

    Section 11 of the Indian Employment, Training and Related Services 
Act of 1992 (25 U.S.C. 3410), as amended by section 2 of this Act, is 
amended to read as follows:

``SEC. 11. FEDERAL RESPONSIBILITIES.

    ``(a) Lead Agency.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, the lead agency responsible for implementation of this Act 
        shall be the Bureau of Indian Affairs.
            ``(2) Inclusions.--The responsibilities of the Director of 
        the Bureau of Indian Affairs in carrying out this Act shall 
        include--
                    ``(A) the development of a single model report for 
                each Indian tribe that has in place an approved plan 
                under this Act to submit to the Director reports on any 
                consolidated activities undertaken and joint 
                expenditures made under the plan;
                    ``(B) the provision, directly or through contract, 
                of appropriate voluntary and technical assistance to 
                participating Indian tribes;
                    ``(C) the development and use of a single 
                monitoring and oversight system for plans approved 
                under this Act;
                    ``(D)(i) the receipt of all funds covered by a plan 
                approved under this Act; and
                    ``(ii) the distribution of the funds to the 
                respective Indian tribes by not later than 45 days 
                after the date of receipt of the funds from the 
                appropriate Federal department or agency; and
                    ``(E)(i) the performance of activities described in 
                section 7 relating to agency waivers; and
                    ``(ii) the establishment of an interagency dispute 
                resolution process.
            ``(3) Memorandum of agreement.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of the Indian Employment, Training 
                and Related Services Consolidation Act of 2016, the 
                Secretary (acting through the Director of the Bureau of 
                Indian Affairs), in conjunction with the Secretaries of 
                Agriculture, Commerce, Education, Energy, Health and 
                Human Services, Homeland Security, Housing and Urban 
                Development, Labor, Transportation, and Veterans 
                Affairs and the Attorney General, shall enter into an 
                interdepartmental memorandum of agreement providing for 
                the implementation of this Act.
                    ``(B) Inclusions.--The memorandum of agreement 
                under subparagraph (A) shall include provisions 
                relating to--
                            ``(i) an annual meeting of participating 
                        Indian tribes and Federal departments and 
                        agencies, to be co-chaired by--
                                    ``(I) a representative of the 
                                President; and
                                    ``(II) a representative of the 
                                participating Indian tribes;
                            ``(ii) an annual review of the achievements 
                        under this Act and any statutory, regulatory, 
                        administrative, or policy obstacles that 
                        prevent participating Indian tribes from fully 
                        and efficiently carrying out the purposes of 
                        this Act; and
                            ``(iii) a forum comprised of participating 
                        Indian tribes and Federal departments and 
                        agencies to identify and resolve interagency 
                        conflicts and conflicts between the Federal 
                        Government and Indian tribes in the 
                        administration of this Act.
    ``(b) Report Format.--
            ``(1) In general.--The lead agency shall develop and 
        distribute to Indian tribes that have in place an approved plan 
        under this Act a single report format, in accordance with the 
        requirements of this Act.
            ``(2) Requirements.--The lead agency shall ensure that the 
        report format developed under paragraph (1), together with 
        records maintained by each participating Indian tribe, contains 
        information sufficient--
                    ``(A) to determine whether the Indian tribe has 
                complied with the requirements of the approved plan of 
                the Indian tribe; and
                    ``(B) to provide assurances to the head of each 
                applicable Federal department or agency that the Indian 
                tribe has complied with all directly applicable 
                statutory and regulatory requirements not waived under 
                section 7.
            ``(3) Limitation.--The report format developed under 
        paragraph (1) shall not require a participating Indian tribe to 
        report on the expenditure of funds (expressed by fund source or 
        single agency code) transferred to the Indian tribe under an 
        approved plan under this Act.''.

SEC. 12. NO REDUCTION IN AMOUNTS.

    Section 12 of the Indian Employment, Training and Related Services 
Act of 1992 (25 U.S.C. 3411), as amended by section 2 of this Act, is 
amended to read as follows:

``SEC. 12. NO REDUCTION IN AMOUNTS.

    ``(a) In General.--In no case shall the amount of Federal funds 
available to an Indian tribe that has in place an approved plan under 
this Act be reduced as a result of--
            ``(1) the enactment of this Act; or
            ``(2) the approval or implementation of a plan of an Indian 
        tribe under this Act.
    ``(b) Interaction With Other Laws.--The inclusion of a program in a 
tribal plan under this Act shall not--
            ``(1) modify, limit, or otherwise affect the eligibility of 
        the program for contracting under the Indian Self-Determination 
        and Education Assistance Act (25 U.S.C. 450 et seq.); or
            ``(2) eliminate the applicability of any provision of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 450 et seq.), as the provision relates to a specific 
        program eligible for contracting under that Act.''.

SEC. 13. TRANSFER OF FUNDS.

    Section 13 of the Indian Employment, Training and Related Services 
Act of 1992 (25 U.S.C. 3412), as amended by section 2 of this Act, is 
amended to read as follows:

``SEC. 13. TRANSFER OF FUNDS.

    ``(a) In General.--Notwithstanding any other provision of law, not 
later than 30 days after the date of apportionment to the applicable 
Federal department or agency, the head of a Federal agency overseeing a 
program identified in a plan approved under this Act shall transfer to 
the Director of the Bureau of Indian Affairs for distribution to an 
Indian tribe any funds identified in the approved plan of the Indian 
tribe.
    ``(b) Transfer of Funds.--Notwithstanding any other provision of 
law, at the request of the Indian tribe, all program funds transferred 
to an Indian tribe in accordance with the approved plan of the Indian 
tribe shall be transferred to the Indian tribe pursuant to an existing 
contract, compact, or funding agreement awarded pursuant to title I or 
IV of the Indian Self-Determination and Education Assistance Act (25 
U.S.C. 450 et seq.).''.

SEC. 14. ADMINISTRATION OF FUNDS.

    Section 14 of the Indian Employment, Training and Related Services 
Act of 1992 (25 U.S.C. 3413), as amended by section 2 of this Act, is 
amended--
            (1) by redesignating subsection (b) as subsection (d);
            (2) by striking the section designation and heading and all 
        that follows through subsection (a) and inserting the 
        following:

``SEC. 14. ADMINISTRATION OF FUNDS.

    ``(a) Requirements.--
            ``(1) In general.--
                    ``(A) Consolidation and reallocation of funds.--
                Notwithstanding any other provision of law, all amounts 
                transferred to a tribe pursuant to an approved plan may 
                be consolidated, reallocated, and rebudgeted as 
                specified in the approved plan to best meet the 
                employment, training, and related needs of the local 
                community served by the Indian tribe.
                    ``(B) Authorized use of funds.--The amounts used to 
                carry out a plan approved under this Act shall be 
                administered in such manner as the Secretary determines 
                to be appropriate to ensure the amounts are spent on 
                activities authorized under the approved plan.
                    ``(C) Effect.--Nothing in this section interferes 
                with the ability of the Secretary or the lead agency to 
                use accounting procedures that conform to generally 
                accepted accounting principles, auditing procedures, 
                and safeguarding of funds that conform to chapter 75 of 
                title 31, United States Code (commonly known as the 
                `Single Audit Act of 1984').
            ``(2) Separate records and audits not required.--
        Notwithstanding any other provision of law (including 
        regulations and circulars of any agency (including Office of 
        Management and Budget Circular A-133)), an Indian tribe that 
        has in place an approved plan under this Act shall not be 
        required--
                    ``(A) to maintain separate records that trace any 
                service or activity conducted under the approved plan 
                to the program for which the funds were initially 
                authorized or transferred;
                    ``(B) to allocate expenditures among such a 
                program; or
                    ``(C) to audit expenditures by the original source 
                of the program.
    ``(b) Carryover.--
            ``(1) In general.--Any funds transferred to an Indian tribe 
        under this Act that are not obligated or expended prior to the 
        beginning of the fiscal year after the fiscal year for which 
        the funds were appropriated shall remain available for 
        obligation or expenditure without fiscal year limitation, 
        subject to the condition that the funds shall be obligated or 
        expended in accordance with the approved plan of the Indian 
        tribe.
            ``(2) No additional documentation.--The Indian tribe shall 
        not be required to provide any additional justification or 
        documentation of the purposes of the approved plan as a 
        condition of receiving or expending the funds.
    ``(c) Indirect Costs.--Notwithstanding any other provision of law, 
an Indian tribe shall be entitled to recover 100 percent of any 
indirect costs incurred by the Indian tribe as a result of the transfer 
of funds to the Indian tribe under this Act.''; and
            (3) in subsection (d) (as redesignated by paragraph (1))--
                    (A) by striking ``All administrative'' and 
                inserting the following:
            ``(1) In general.--All administrative''; and
                    (B) by striking ``regulations)'' and all that 
                follows through the end of the subsection and inserting 
                the following: ``regulations).
            ``(2) Treatment.--The amount equal to the difference 
        between the amount of the commingled funds and the actual 
        administrative cost of the programs, as described in paragraph 
        (1), shall be considered to be properly spent for Federal audit 
        purposes if the amount is used to achieve the purposes of this 
        Act.
    ``(e) Matching Funds.--Notwithstanding any other provision of law, 
any funds transferred to an Indian tribe under this Act shall be 
treated as non-Federal funds for purposes of meeting matching 
requirements under any other Federal law.
    ``(f) Claims.--The following provisions of law shall apply to plans 
approved under this Act:
            ``(1) Section 314 of the Department of the Interior and 
        Related Agencies Appropriations Act, 1991 (Public Law 101-512; 
        104 Stat. 1959).
            ``(2) Chapter 171 of title 28 (commonly known as the 
        `Federal Tort Claims Act').
    ``(g) Interest or Other Income.--
            ``(1) In general.--An Indian tribe shall be entitled to 
        retain interest earned on any funds transferred to the tribe 
        under an approved plan and such interest shall not diminish the 
        amount of funds the Indian tribe is authorized to receive under 
        the plan in the year the interest is earned or in any 
        subsequent fiscal year.
            ``(2) Prudent investment.--Funds transferred under a plan 
        shall be managed in accordance with the prudent investment 
        standard.''.

SEC. 15. LABOR MARKET INFORMATION ON INDIAN WORK FORCE.

    Section 17(a) of the Indian Employment, Training and Related 
Services Act of 1992 (25 U.S.C. 3416(a)), as amended by section 2 of 
this Act, is amended in the first sentence--
            (1) by striking ``The Secretary'' and all that follows 
        through ``manner,'' and inserting ``The Secretary of Labor, in 
        consultation with the Secretary, Indian tribes, and the 
        Director of the Bureau of the Census, shall''; and
            (2) by striking ``, by gender,''.

SEC. 16. REPEALS; CONFORMING AMENDMENTS.

    (a) Repeals.--Sections 15 and 16 of the Indian Employment, Training 
and Related Services Act of 1992 (25 U.S.C. 3414, 3415), as amended by 
section 2 of this Act, are repealed.
    (b) Conforming Amendments.--Sections 17 and 18 of the Indian 
Employment, Training and Related Services Act of 1992 (25 U.S.C. 3416, 
3417) (as amended by this Act) are redesignated as sections 15 and 16, 
respectively.

SEC. 17. EFFECT OF ACT.

    Nothing in this Act or any amendment made by this Act--
            (1) affects any plan approved under the Indian Employment, 
        Training and Related Services Act of 1992 (25 U.S.C. 3401 et 
        seq.) (as so redesignated) before the date of enactment of this 
        Act;
            (2) requires any Indian tribe or tribal organization to 
        resubmit a plan described in paragraph (1); or
            (3) modifies the effective period of any plan described in 
        paragraph (1).
                                                 Union Calendar No. 662

114th CONGRESS

  2d Session

                               H. R. 329

                      [Report No. 114-828, Part I]

_______________________________________________________________________

                                 A BILL

     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.

_______________________________________________________________________

                            December 7, 2016

   The Committees on Education and the Workforce and Ways and Means 
discharged; committed to the Committee of the Whole House on the State 
                 of the Union and ordered to be printed