[Congressional Record (Bound Edition), Volume 163 (2017), Part 3]
[House]
[Pages 3055-3060]
[From the U.S. 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 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;

[[Page 3056]]

       ``(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 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

[[Page 3057]]

     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 
     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

[[Page 3058]]

     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 Committee on Education and the 
     Workforce should this bill or a similar bill be considered in 
     a conference with the Senate. I also

[[Page 3059]]

     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

[[Page 3060]]

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.
  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.

                          ____________________