[Congressional Record Volume 163, Number 34 (Monday, February 27, 2017)]
[House]
[Pages H1326-H1331]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
INDIAN EMPLOYMENT, TRAINING AND RELATED SERVICES CONSOLIDATION ACT OF
2017
Mr. McCLINTOCK. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 228) 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. 228
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 2017''.
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. 5304).
``(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.
5304)).'';
(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) based solely or in part on their status as Indians
under Federal law; or
``(ii) have secured funds as a result of 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 H1327]]
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 H1328]]
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 2017, 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. 5301 et
seq.); or
``(2) eliminate the applicability of any provision of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5301 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. 5301 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 H1329]]
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
California (Mr. McClintock) and the gentlewoman from California (Mrs.
Torres) each will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. McCLINTOCK. 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 California?
There was no objection.
Mr. McCLINTOCK. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, H.R. 228, the Indian Employment, Training and Related
Services Consolidation Act, is sponsored by my colleague from Alaska,
Congressman Don Young. This bipartisan legislation would make the
Tribal 477 Program permanent and make improvements to its
administration.
The 477 Program was established by Congress in 1992 as a
demonstration program. It allows tribes to combine employment,
childcare, and job training funding from a variety of Federal sources
and conduct consolidated, comprehensive reporting. The 477 Program
embodies tribal self-determination by allowing tribes to provide
opportunities tailored to the unique needs of their communities.
The 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.
Mr. Speaker, I thank Chairman Kevin Brady of the Ways and Means
Committee and Chairwoman Virginia Foxx of the Education and the
Workforce Committee for agreeing to help expedite consideration of this
bill.
I urge adoption of H.R. 228.
I reserve the balance of my time.
Committee on Ways and Means,
House of Representatives,
Washington, DC, February 22, 2017.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
Washington, DC.
Dear Chairman Bishop: I write concerning H.R. 228, the
``Indian Employment, Training and Related Services
Consolidation Act of 2017,'' which was referred to the
Committee on Natural Resources.
As a result of your having consulted with us on provisions
in H.R. 228 that fall within the Rule X jurisdiction of the
Committee on Ways and Means, I agree not to request a
sequential referral on this bill so that it may proceed
expeditiously to the House floor. The Committee on Ways and
Means takes this action with our mutual understanding that by
foregoing formal consideration of H.R. 228, 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, February 22, 2017.
Hon. Kevin Brady,
Chairman, Committee on Ways and Means,
Washington, DC.
Dear Mr. Chairman: H.R. 228, Indian Employment, Training
and Related Services Consolidation Act of 2017, was
introduced on January 3, 2017.
I understand that the bill contains provisions that fall
within the Rule X jurisdiction of the Committee on Ways and
Means, and I thank you or allowing the Committee on Ways and
Means to be discharged from further consideration of the bill
so that it 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 having
the Committee on Ways and Means represented on the conference
committee. Finally, to memorialize our understanding, I would
be pleased to include your letter and this response in the
Congressional Record when the bill is considered by the
House.
Thank you for your response and cooperation. I look forward
to further opportunities to work with you this Congress.
Sincerely,
Rob Bishop,
Chairman, Committee on Natural Resources.
____
Committee on Education and the Workforce, House of
Representatives,
Washington, DC, February 27, 2017.
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. 228, 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. 228 on those
matters within my committee's jurisdiction and making
improvements to the legislation to address concerns.
The Committee on Education and the Workforce will not delay
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
[[Page H1330]]
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 Congressional Record during consideration of
this bill on the House Floor. Thank you for your attention to
these matters.
Sincerely,
Virginia Foxx,
Chairman.
____
House of Representatives,
Committee on Natural Resources,
Washington, DC, February 27, 2017.
Hon. Virginia Foxx,
Chairwoman, Committee on Education and the Workforce,
Washington, DC.
Dear Madam Chairman: H.R. 228, Indian Employment, Training
and Related Services Consolidation Act of 2017, was
introduced on January 3, 2017.
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 Education and the Workforce to be
discharged from further consideration of the bill, so that
this revised text for H.R. 228 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
having the Committee on Education and the Workforce
represented on the conference committee. Finally, to
memorialize our understanding, I would be pleased to include
your letter and this response in the Congressional Record
when the bill is considered by the House.
Thank you for your response and cooperation. I look forward
to further opportunities to work with you this Congress.
Sincerely,
Rob Bishop,
Chairman, Committee on Natural Resources.
Mrs. TORRES. Mr. Speaker, I yield myself such time as I may consume.
Public Law 102-477 establishes 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 in a single reporting system.
Current participants in the program have significantly improved the
effectiveness of the delivery of services included in their 477 plan,
while lowering administrative costs. These cost savings have been
translated into more accessible and available services for their
communities.
The Citizen Potawatomi Nation of Oklahoma's 477 Program has been in
place since 1996. Since 2010, the Nation has served well over 6,000
participants through the program. Of those who had employment as their
goal, 47 percent achieved unsubsidized employment.
H.R. 288 will build on this success by permanently authorizing the
program, increasing the scope and availability of participating Federal
grant programs, and setting a streamlined process for tribes to follow.
{time} 1645
I want to congratulate Chairman Young for his tireless work on this
legislation and for bringing together all of the stakeholders to
address their concerns and find a workable solution.
I supported this legislation last year, as it passed the House last
Congress unanimously. I ask my colleagues to join me in supporting this
legislation.
I reserve the balance of my time.
Mr. McCLINTOCK. Mr. Speaker, I yield such time as he may consume to
the legendary gentleman from Alaska (Mr. Young), the sponsor of this
legislation.
Mr. YOUNG of Alaska. Mr. Speaker, I thank my chairman, Mr.
McClintock, and the ranking member for her work on this legislation.
Much has been explained about it. This is a good piece of legislation.
I am not going to take a great deal of time, but it shows that we can
work together. The stakeholders got involved 4 years ago. We wanted to
make this permanent. We worked it all out last year and we passed it,
and it got bogged down on the other side.
It is a chance where we can show and take programs and put them
together with tribes and have a better efficiency for the dollar we
spend. If we do more of that in this Congress, we will have a lot
better Congress and a better nation.
This is a small minority group that has done well under these
programs, and it is not a new law. In 1992, I was here when we passed
it. We would like to see to fruition the work put together by Mr.
Goodlatte, Mr. Bishop, Mr. Brady, and Chairwoman Foxx. They all worked
together with their staffs to put this, I think, excellent piece of
legislation together to put to the voters on this floor, and I urge the
passage of this legislation.
Mr. Speaker, my bill--the Indian Employment, Training, and Related
Services Consolidation Act--enables tribes and tribal organizations to
offer highly effective workforce development initiatives that uplift
Native communities around the country. We passed this bipartisan
legislation in the House by a voice vote at the end of last Congress,
and the Senate simply ran out of time to secure final passage.
H.R. 228 makes the Tribal ``477 Program'' permanent and improves its
administration. The 477 Program allows tribes to combine employment,
childcare, and job training funding from a variety of federal sources
and conduct consolidated, comprehensive reporting. Participants have
leveraged these advantages to develop and run innovative programs that
have had a meaningful impact on thousands of Alaska Native and American
Indian families. In addition, the efficiencies of the 477 Program save
both tribes and the federal government money, time, and resources.
Congress established the 477 Program in 1992 as a demonstration
program. The Central Council of Tlingit and Haida Indian Tribes in
Southeast Alaska was actually the first in the nation to begin
operating a 477 program and to this day continues to benefit from
offering services through 477.
The 477 Program has a proven track record of success and allows for
bold approaches to address significant education and training needs
that exist in Indian country. This program is what tribal self-
determination is all about. Tribes understand their members best and
know how to use these tools for creating and expanding employment
opportunities in their communities.
My bill improves accounting procedures and reporting mechanisms to
uphold the original intent of the program, ensure that agencies treat
tribes fairly, and set a foundation for participants' continued
success.
I would like to thank the members of the 477 Tribal Work Group who,
over the last 4 years, have been stalwart advocates for this
legislation and did not give up at the end of last Congress.
I would also like to thank Chairman Bishop, Ranking Member Grijalva,
and their staffs for making this bill possible and working to move it
to the floor quickly this year. Finally, I offer my thanks to Chairman
Brady, Chairwoman Foxx, Chairman Goodlatte, and their staffs for their
assistance with the legislation.
I urge adoption of H.R. 228 today and encourage the Senate to take up
this bill as soon as possible.
Mr. McCLINTOCK. Mr. Speaker, I have no additional speakers, and I
reserve the balance of my time.
Mrs. TORRES. Mr. Speaker, I yield myself the balance of my time.
This is an important program that deserves to be reauthorized. As we
know, this bill passed out of the House last Congress without
objection. I look forward to continuing to work with Mr. Young at
finding other pieces of legislation that we can work on on a bipartisan
level.
I urge my colleagues to support this bill, and I yield back the
balance of my time.
Mr. McCLINTOCK. Mr. Speaker, I urge adoption of the measure, and I
yield back the balance of my time.
Mr. SCOTT of Virginia. Mr. Speaker, I rise to express my concerns
with H.R. 228. 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. 228 includes a number of changes to this consolidation
option and expands the number of programs that can be consolidated.
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 ``related to'' job training, skill
development, and economic development, or other related goals.
Last Congress, the legislation was given a sequential referral to the
Education and the Workforce Committee, on which I serve as Ranking
Member. However, the legislation was not considered in the Committee
and we have yet to assess 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.
[[Page H1331]]
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.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. McClintock) that the House suspend the
rules and pass the bill, H.R. 228, 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.
____________________