Congressional Record, Volume 162 Issue 176 (Wednesday, December 7, 2016)

[Congressional Record Volume 162, Number 176 (Wednesday, December 7, 2016)]
[House]
[Pages H7292-H7297]
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,

[[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.

____________________