IB 

Union Calendar No. 662 

114TH CONGRESS 

2D SESSION H. R. 329 

[Report No. 114–828, Part I] 

To amend the Indian Employment, Training and Related Services Demonstration Act of 1992 to facilitate the ability of Indian tribes to integrate 

the employment, training, and related services from diverse Federal 

sources, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 13, 2015 

Mr. YOUNG of Alaska introduced the following bill; which was referred to the 

Committee on Natural Resources 

NOVEMBER 16, 2016 

Reported with an amendment and referred to the Committee on Education 

and the Workforce and the Committee on Ways and Means for a period 

ending not later than December 8, 2016, for consideration of such provisions of the bill and amendment as fall within the jurisdictions of those 

committees pursuant to clause 1(e) and clause 1(t) of rule X, respectively 

[Strike out all after the enacting clause and insert the part printed in italic] 

DECEMBER 7, 2016 

Additional sponsors: Mr. COLE, Mr. RUSSELL, Mr. MULLIN, and Mr. KILMER

DECEMBER 7, 2016 

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

of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on January 13, 2015] 


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A BILL 

To amend the Indian Employment, Training and Related 

Services Demonstration Act of 1992 to facilitate the 

ability of Indian tribes to integrate the employment, 

training, and related services from diverse Federal 

sources, and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Indian Employment, 

5 Training and Related Services Consolidation Act of 2016’’. 

6 SEC. 2. AMENDMENT OF SHORT TITLE. 

7 (a) IN GENERAL.—Section 1 of the Indian Employ8 ment, Training and Related Services Demonstration Act of 

9 1992 (25 U.S.C. 3401 note; 106 Stat. 2302) is amended 

10 to read as follows: 

11 ‘‘SECTION 1. SHORT TITLE. 

12 ‘‘This Act may be cited as the ‘Indian Employment, 

13 Training and Related Services Act of 1992’.’’. 

14 (b) REFERENCES.—Any reference in law to the ‘‘In15 dian Employment, Training and Related Services Dem16 onstration Act of 1992’’ shall be deemed to be a reference 

17 to the ‘‘Indian Employment, Training and Related Services 

18 Act of 1992’’. 

19 SEC. 3. STATEMENT OF PURPOSE. 

20 Section 2 of the Indian Employment, Training and 

21 Related Services Act of 1992 (25 U.S.C. 3401), as amended 

22 by section 2 of this Act, is amended— 

23 (1) by striking ‘‘The purposes of this Act are to 

24 demonstrate how Indian tribal governments can’’ and 


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1 inserting ‘‘The purpose of this Act is to facilitate the 

2 ability of Indian tribes and tribal organizations to’’; 

3 (2) by inserting ‘‘from diverse Federal sources’’ 

4 after ‘‘they provide’’; 

5 (3) by striking ‘‘and serve tribally-determined’’ 

6 and inserting ‘‘, and serve tribally determined’’; and 

7 (4) by inserting ‘‘, while reducing administra8 tive, reporting, and accounting costs’’ after ‘‘policy of 

9 self-determination’’. 

10 SEC. 4. DEFINITIONS. 

11 Section 3 of the Indian Employment, Training and 

12 Related Services Act of 1992 (25 U.S.C. 3402), as amended 

13 by section 2 of this Act, is amended— 

14 (1) by striking paragraph (2) and inserting the 

15 following: 

16 ‘‘(2) INDIAN TRIBE.— 

17 ‘‘(A) IN GENERAL.—The terms ‘Indian 

18 tribe’ and ‘tribe’ have the meaning given the 

19 term ‘Indian tribe’ in section 4 of the Indian 

20 Self-Determination and Education Assistance 

21 Act (25 U.S.C. 450b). 

22 ‘‘(B) INCLUSION.—The term ‘Indian tribe’ 

23 includes tribal organizations (as defined in sec24 tion 4 of the Indian Self-Determination and 

25 Education Assistance Act (25 U.S.C. 450b)).’’; 


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1 (2) by redesignating paragraph (4) as para2 graph (5); and 

3 (3) by inserting after paragraph (3) the fol4 lowing: 

5 ‘‘(4) PROGRAM.—The term ‘program’ means a 

6 program described in section 5(a).’’. 

7 SEC. 5. INTEGRATION OF SERVICES AUTHORIZED. 

8 Section 4 of the Indian Employment, Training and 

9 Related Services Act of 1992 (25 U.S.C. 3403), as amended 

10 by section 2 of this Act, is amended to read as follows: 

11 ‘‘SEC. 4. INTEGRATION OF SERVICES AUTHORIZED. 

12 ‘‘The Secretary shall, after approving a plan submitted 

13 by an Indian tribe in accordance with section 8, authorize 

14 the Indian tribe to, in accordance with the plan— 

15 ‘‘(1) integrate the programs and Federal funds 

16 received by the Indian tribe; and 

17 ‘‘(2) coordinate the employment, training, and 

18 related services provided with those funds in a con19 solidated and comprehensive tribal plan.’’. 

20 SEC. 6. PROGRAMS AFFECTED AND TRANSFER OF FUNDS. 

21 Section 5 of the Indian Employment, Training and 

22 Related Services Act of 1992 (25 U.S.C. 3404), as amended 

23 by section 2 of this Act, is amended to read as follows: 

24 ‘‘SEC. 5. PROGRAMS AFFECTED. 

25 ‘‘(a) PROGRAMS AFFECTED.— 


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1 ‘‘(1) IN GENERAL.—The programs that may be 

2 integrated pursuant to a plan approved under section 

3 8 shall be only programs— 

4 ‘‘(A) implemented for the purpose of— 

5 ‘‘(i) job training; 

6 ‘‘(ii) welfare to work and tribal work 

7 experience; 

8 ‘‘(iii) creating or enhancing employ9 ment opportunities; 

10 ‘‘(iv) higher education; 

11 ‘‘(v) skill development; 

12 ‘‘(vi) assisting Indian youth and 

13 adults to succeed in the workforce; 

14 ‘‘(vii) encouraging self-sufficiency; 

15 ‘‘(viii) familiarizing individual par16 ticipants with the world of work; 

17 ‘‘(ix) facilitating the creation of job op18 portunities; 

19 ‘‘(x) economic development; or 

20 ‘‘(xi) any services related to the activi21 ties described in clauses (i) through (x); and 

22 ‘‘(B) under which an Indian tribe or mem23 bers of an Indian tribe— 

24 ‘‘(i) are eligible to receive funds— 


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1 ‘‘(I) under a statutory or admin2 istrative formula making funds avail3 able to an Indian tribe; or 

4 ‘‘(II) due to their status as Indi5 ans under Federal law; or 

6 ‘‘(ii) have secured funds as a result of 

7 a competitive process, a noncompetitive 

8 process, or a specific designation. 

9 ‘‘(2) TREATMENT OF BLOCK GRANT FUNDS.—For 

10 purposes of this section, programs funded by block 

11 grant funds provided to an Indian tribe, regardless of 

12 whether the block grant is for the benefit of the Indian 

13 tribe because of the status of the Indian tribe or the 

14 status of the beneficiaries the grant serves, shall be eli15 gible to be integrated into the plan. 

16 ‘‘(b) PROGRAM AUTHORIZATION.—The Secretary shall, 

17 in cooperation with the Attorney General, the Secretary of 

18 Agriculture, the Secretary of Commerce, the Secretary of 

19 Education, the Secretary of Energy, the Secretary of Health 

20 and Human Services, the Secretary of Homeland Security, 

21 the Secretary of Housing and Urban Development, the Sec22 retary of Labor, the Secretary of Transportation, and the 

23 Secretary of Veterans Affairs, after the Secretary approves 

24 a plan submitted by an Indian tribe or tribal organization 

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1 zation, as applicable, to coordinate, in accordance with the 

2 plan, federally funded employment, training, and related 

3 services programs and funding in a manner that integrates 

4 the programs and funding into a consolidated and com5 prehensive program.’’. 

6 SEC. 7. PLAN REQUIREMENTS. 

7 Section 6 of the Indian Employment, Training and 

8 Related Services Act of 1992 (25 U.S.C. 3405), as amended 

9 by section 2 of this Act, is amended to read as follows: 

10 ‘‘SEC. 6. PLAN REQUIREMENTS. 

11 ‘‘A plan submitted to the Secretary for approval under 

12 this Act shall— 

13 ‘‘(1) identify the programs to be integrated and 

14 consolidated; 

15 ‘‘(2) be consistent with the purposes of this Act; 

16 ‘‘(3) describe— 

17 ‘‘(A) a comprehensive strategy identifying 

18 the full range of potential employment opportu19 nities on and near the service area of the Indian 

20 tribe; 

21 ‘‘(B) the education, training, and related 

22 services to be provided to assist Indians to access 

23 those employment opportunities; 


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1 ‘‘(C) the way in which services and pro2 gram funds are to be integrated, consolidated, 

3 and delivered; and 

4 ‘‘(D) the results expected from the plan; 

5 ‘‘(4) identify the projected expenditures under 

6 the plan in a single budget covering all consolidated 

7 funds; 

8 ‘‘(5) identify any agency of the Indian tribe to 

9 be involved in the delivery of the services integrated 

10 under the plan; 

11 ‘‘(6) identify any statutory provisions, regula12 tions, policies, or procedures that the Indian tribe be13 lieves need to be waived to implement the plan; and 

14 ‘‘(7) be approved by the governing body of the 

15 Indian tribe.’’. 

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

17 RESOLUTION. 

18 Section 7 of the Indian Employment, Training and 

19 Related Services Act of 1992 (25 U.S.C. 3406), as amended 

20 by section 2 of this Act, is amended to read as follows: 

21 ‘‘SEC. 7 PLAN REVIEW. 

22 ‘‘(a) IN GENERAL.—Upon receipt of a plan from an 

23 Indian tribe, the Secretary shall consult with— 

24 ‘‘(1) the head of each Federal agency overseeing 

25 a program identified in the plan; and 


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1 ‘‘(2) the Indian tribe that submitted the plan. 

2 ‘‘(b) IDENTIFICATION OF WAIVERS.—The parties iden3 tified in subsection (a) shall identify any waivers of appli4 cable statutory, regulatory, or administrative requirements, 

5 or of Federal agency policies or procedures necessary to en6 able the Indian tribe to efficiently implement the plan. 

7 ‘‘(c) TRIBAL WAIVER REQUEST.—In consultation with 

8 the Secretary, a participating Indian tribe may request 

9 that the head of each affected agency waive any statutory, 

10 regulatory, or administrative requirement, policy, or proce11 dure identified subsection (b). 

12 ‘‘(d) WAIVER AUTHORITY.— 

13 ‘‘(1) IN GENERAL.—Except as provided in para14 graph (2), notwithstanding any other provision of 

15 law, the head of each affected Federal agency shall 

16 waive any applicable statutory, regulatory, or admin17 istrative requirement, regulation, policy, or procedure 

18 promulgated by the agency that has been identified by 

19 the parties under subparagraph (b). 

20 ‘‘(2) EXCEPTION.—The head of an affected Fed21 eral agency shall not grant a waiver under paragraph 

22 (1) if the head of the affected agency determines that 

23 a waiver will be inconsistent with— 

24 ‘‘(A) the purposes of this Act; or 


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1 ‘‘(B) the provision of law from which the 

2 program included in the plan derives its author3 ity that is specifically applicable to Indians. 

4 ‘‘(e) DECISION ON WAIVER REQUEST.— 

5 ‘‘(1) IN GENERAL.—Not later than 90 days after 

6 the head of an affected agency receives a waiver re7 quest, the head of the affected agency shall decide 

8 whether to grant or deny the request. 

9 ‘‘(2) DENIAL OF REQUEST.—If the head of the 

10 affected agency denies a waiver request, not later than 

11 30 days after the date on which the denial is made, 

12 the head of the affected agency shall provide the re13 questing Indian tribe and the Secretary with written 

14 notice of the denial and the reasons for the denial. 

15 ‘‘(3) FAILURE TO ACT ON REQUEST.—If the head 

16 of an affected agency does not make a decision under 

17 paragraph (1) by the deadline identified in that 

18 paragraph, the request shall be considered to be grant19 ed. 

20 ‘‘(f) SECRETARIAL REVIEW.—If the head of an affected 

21 agency denies a waiver request under subsection (e)(2), not 

22 later than 30 days after the date on which the request is 

23 denied, the Secretary shall review the denial and determine 

24 whether granting the waiver— 


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1 ‘‘(1) will be inconsistent with the provisions of 

2 this Act; or 

3 ‘‘(2) will prevent the affected agency from ful4 filling the obligations of the affected agency under this 

5 Act. 

6 ‘‘(g) INTERAGENCY DISPUTE RESOLUTION.— 

7 ‘‘(1) IN GENERAL.—Not later than 30 days after 

8 the date on which the Secretary determines that 

9 granting the waiver will not be inconsistent with the 

10 provisions of this Act and will not prevent the af11 fected agency from fulfilling the obligations of the af12 fected agency under this Act, the Secretary shall es13 tablish and initiate an interagency dispute resolution 

14 process involving— 

15 ‘‘(A) the Secretary; 

16 ‘‘(B) the participating Indian tribe; and 

17 ‘‘(C) the head of the affected agency. 

18 ‘‘(2) DURATION.—A dispute subject to paragraph 

19 (1) shall be resolved not later than 30 days after the 

20 date on which the process is initiated. 

21 ‘‘(h) FINAL AUTHORITY.—If the dispute resolution 

22 process fails to resolve the dispute between a participating 

23 Indian tribe and an affected agency, the head of the affected 

24 agency shall have the final authority to resolve the dispute. 


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1 ‘‘(i) FINAL DECISION.—Not later than 10 days after 

2 the date on which the dispute is resolved under this section, 

3 the Secretary shall provide the requesting Indian tribe 

4 with— 

5 ‘‘(1) the final decision on the waiver request; and 

6 ‘‘(2) notice of the right to file an appeal in ac7 cordance with the applicable provisions described in 

8 section 8(d).’’. 

9 SEC. 9. PLAN APPROVAL; SECRETARIAL AUTHORITY; RE10 VIEW OF DECISION. 

11 Section 8 of the Indian Employment, Training and 

12 Related Services Act of 1992 (25 U.S.C. 3407), as amended 

13 by section 2 of this Act, is amended to read as follows: 

14 ‘‘SEC. 8. PLAN APPROVAL; SECRETARIAL AUTHORITY; RE15 VIEW OF DECISION. 

16 ‘‘(a) IN GENERAL.—The Secretary shall have exclusive 

17 authority to approve or disapprove a plan submitted by an 

18 Indian tribe in accordance with section 6. 

19 ‘‘(b) APPROVAL PROCESS.— 

20 ‘‘(1) IN GENERAL.—Not later than 90 days after 

21 the date on which the Secretary receives a plan, the 

22 Secretary shall approve or deny the plan. 

23 ‘‘(2) APPROVAL.—If the Secretary approves a 

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1 ize the transfer of program funds identified in the 

2 plan in accordance with section 13. 

3 ‘‘(3) DENIAL.—If the Secretary denies the plan 

4 under paragraph (1), the Secretary shall provide to 

5 the Indian tribe a written notification of disapproval 

6 of the plan that contains a specific finding that clear7 ly demonstrates, or that is supported by a controlling 

8 legal authority, that the plan does not meet the re9 quirements described in section 6. 

10 ‘‘(4) PARTIAL APPROVAL.— 

11 ‘‘(A) IN GENERAL.—If a plan is denied 

12 under paragraph (3) solely on the basis that a 

13 request for a waiver that is part of the plan has 

14 not been approved (or is subject to dispute reso15 lution) under section 7, the Secretary shall, upon 

16 a request from the tribe, grant partial approval 

17 for those portions of the plan not affected by the 

18 request for a waiver. 

19 ‘‘(B) APPROVAL AFTER RESOLUTION.—With 

20 respect to a plan described in subparagraph (A), 

21 on resolution of the request for a waiver under 

22 section 7, the Secretary shall, on a request from 

23 the tribe, approve the plan or amended plan not 

24 later than 90 days after the date on which the 

25 Secretary receives the request. 


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1 ‘‘(5) FAILURE TO ACT.—If the Secretary does not 

2 make a decision under paragraph (1) within 90 days 

3 of the date on which the Secretary receives the plan, 

4 the plan shall be considered to be approved. 

5 ‘‘(c) EXTENSION OF TIME.—Notwithstanding any 

6 other provision of law, the Secretary may extend or other7 wise alter the 90-day period identified in subsection (b)(1) 

8 for not more than 90 additional days, if, before the expira9 tion of the period, the Secretary obtains the express written 

10 consent of the Indian tribe. 

11 ‘‘(d) REVIEW OF DENIAL.— 

12 ‘‘(1) PROCEDURE UPON REFUSAL TO APPROVE

13 PLAN.—If the Secretary denies a plan under sub14 section (b)(3), the Secretary shall— 

15 ‘‘(A) state any objections in writing to the 

16 Indian tribe; 

17 ‘‘(B) provide assistance to the Indian tribe 

18 to overcome the stated objections; and 

19 ‘‘(C) unless the Indian tribe brings a civil 

20 action under paragraph (2), provide the Indian 

21 tribe with a hearing on the record with the right 

22 to engage in full discovery relevant to any issue 

23 raised in the matter and the opportunity for ap24 peal on the objections raised, under such rules 


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1 and regulations as the Secretary may promul2 gate. 

3 ‘‘(2) CIVIL ACTIONS; CONCURRENT JURISDICTION; 

4 RELIEF.— 

5 ‘‘(A) IN GENERAL.—The district courts of 

6 the United States shall have original jurisdiction 

7 of a civil action or claim against the appro8 priate Secretary arising under this section and 

9 over any civil action or claim against the Sec10 retary for money damages arising under con11 tracts authorized by this section. 

12 ‘‘(B) ADMINISTRATIVE HEARING AND AP13 PEAL NOT REQUIRED.—An Indian tribe may 

14 bring a civil action or claim under this para15 graph without regard to whether the Indian tribe 

16 had a hearing or filed an appeal under para17 graph (1). 

18 ‘‘(C) RELIEF.—In an action brought under 

19 this paragraph, the court may order appropriate 

20 relief, including— 

21 ‘‘(i) money damages; 

22 ‘‘(ii) injunctive relief against any ac23 tion by an officer or employee of the United 

24 States or any agency thereof contrary to 

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1 under (including immediate injunctive re2 lief to reverse a denial of a plan under this 

3 section or to compel the Secretary to ap4 prove a plan); and 

5 ‘‘(iii) a writ of mandamus to compel 

6 an officer or employee of the United States, 

7 or any agency thereof, to perform a duty 

8 provided under this Act or regulations pro9 mulgated hereunder. 

10 ‘‘(3) BURDEN OF PROOF AT HEARING OR APPEAL

11 DECLINING CONTRACT; FINAL AGENCY ACTION.— 

12 ‘‘(A) IN GENERAL.—With respect to any 

13 hearing or appeal conducted under paragraph 

14 (1)(C) or any civil action brought under para15 graph (2), the Secretary shall have the burden of 

16 proving by clear and convincing evidence the va17 lidity of the grounds for denying approval of a 

18 plan (or portion thereof). 

19 ‘‘(B) AGENCY ACTION.—Notwithstanding 

20 any other provision of law, a decision by an offi21 cial of the Department of the Interior or the De22 partment of Health and Human Services, as ap23 propriate (collectively referred to in this para24 graph as the ‘Department’) that constitutes final 

25 agency action and that relates to an appeal 


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1 within the Department that is conducted under 

2 paragraph (1)(C) shall be made— 

3 ‘‘(i) by an official of the Department 

4 who holds a position at a higher organiza5 tional level within the Department than the 

6 level of the departmental agency (such as 

7 the Indian Health Service or the Bureau of 

8 Indian Affairs) in which the decision that 

9 is the subject of the appeal was made; or 

10 ‘‘(ii) by an administrative judge. 

11 ‘‘(4) APPLICATION OF LAWS TO ADMINISTRATIVE

12 APPEALS.—Section 504 of title 5, United States Code, 

13 and section 2412 of title 28, United States Code, shall 

14 apply to any administrative appeals pending on or 

15 filed after October 5, 1988, by an Indian tribe regard16 ing a plan under this Act.’’. 

17 SEC. 10. EMPLOYER TRAINING PLACEMENTS. 

18 Section 10 of the Indian Employment, Training and 

19 Related Services Act of 1992 (25 U.S.C. 3409), as amended 

20 by section 2 of this Act, is amended to read as follows: 

21 ‘‘SEC. 10. EMPLOYER TRAINING PLACEMENTS. 

22 ‘‘(a) IN GENERAL.—Subject to subsection (b), an In23 dian tribe that has in place an approved plan under this 

24 Act may use the funds made available for the plan under 

25 this Act— 


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1 ‘‘(1) to place participants in training positions 

2 with employers; and 

3 ‘‘(2) to pay the participants a training allow4 ance or wage for a training period of not more than 

5 24 months, which may be nonconsecutive. 

6 ‘‘(b) REQUIREMENTS.—An Indian tribe may carry out 

7 subsection (a) only if the Indian tribe enters into a written 

8 agreement with each applicable employer under which the 

9 employer shall agree— 

10 ‘‘(1) to provide on-the-job training to the partici11 pants; and 

12 ‘‘(2) on satisfactory completion of the training 

13 period described in subsection (a)(2), to prioritize the 

14 provision of permanent employment to the partici15 pants.’’. 

16 SEC. 11. FEDERAL RESPONSIBILITIES. 

17 Section 11 of the Indian Employment, Training and 

18 Related Services Act of 1992 (25 U.S.C. 3410), as amended 

19 by section 2 of this Act, is amended to read as follows: 

20 ‘‘SEC. 11. FEDERAL RESPONSIBILITIES. 

21 ‘‘(a) LEAD AGENCY.— 

22 ‘‘(1) IN GENERAL.—Notwithstanding any other 

23 provision of law, the lead agency responsible for im24 plementation of this Act shall be the Bureau of In25 dian Affairs. 


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1 ‘‘(2) INCLUSIONS.—The responsibilities of the 

2 Director of the Bureau of Indian Affairs in carrying 

3 out this Act shall include— 

4 ‘‘(A) the development of a single model re5 port for each Indian tribe that has in place an 

6 approved plan under this Act to submit to the 

7 Director reports on any consolidated activities 

8 undertaken and joint expenditures made under 

9 the plan; 

10 ‘‘(B) the provision, directly or through con11 tract, of appropriate voluntary and technical as12 sistance to participating Indian tribes; 

13 ‘‘(C) the development and use of a single 

14 monitoring and oversight system for plans ap15 proved under this Act; 

16 ‘‘(D)(i) the receipt of all funds covered by a 

17 plan approved under this Act; and 

18 ‘‘(ii) the distribution of the funds to the re19 spective Indian tribes by not later than 45 days 

20 after the date of receipt of the funds from the ap21 propriate Federal department or agency; and 

22 ‘‘(E)(i) the performance of activities de23 scribed in section 7 relating to agency waivers; 

24 and 


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1 ‘‘(ii) the establishment of an interagency 

2 dispute resolution process. 

3 ‘‘(3) MEMORANDUM OF AGREEMENT.— 

4 ‘‘(A) IN GENERAL.—Not later than 1 year 

5 after the date of enactment of the Indian Em6 ployment, Training and Related Services Con7 solidation Act of 2016, the Secretary (acting 

8 through the Director of the Bureau of Indian Af9 fairs), in conjunction with the Secretaries of Ag10 riculture, Commerce, Education, Energy, Health 

11 and Human Services, Homeland Security, Hous12 ing and Urban Development, Labor, Transpor13 tation, and Veterans Affairs and the Attorney 

14 General, shall enter into an interdepartmental 

15 memorandum of agreement providing for the im16 plementation of this Act. 

17 ‘‘(B) INCLUSIONS.—The memorandum of 

18 agreement under subparagraph (A) shall include 

19 provisions relating to— 

20 ‘‘(i) an annual meeting of partici21 pating Indian tribes and Federal depart22 ments and agencies, to be co-chaired by— 

23 ‘‘(I) a representative of the Presi24 dent; and 


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1 ‘‘(II) a representative of the par2 ticipating Indian tribes; 

3 ‘‘(ii) an annual review of the achieve4 ments under this Act and any statutory, 

5 regulatory, administrative, or policy obsta6 cles that prevent participating Indian tribes 

7 from fully and efficiently carrying out the 

8 purposes of this Act; and 

9 ‘‘(iii) a forum comprised of partici10 pating Indian tribes and Federal depart11 ments and agencies to identify and resolve 

12 interagency conflicts and conflicts between 

13 the Federal Government and Indian tribes 

14 in the administration of this Act. 

15 ‘‘(b) REPORT FORMAT.— 

16 ‘‘(1) IN GENERAL.—The lead agency shall de17 velop and distribute to Indian tribes that have in 

18 place an approved plan under this Act a single report 

19 format, in accordance with the requirements of this 

20 Act. 

21 ‘‘(2) REQUIREMENTS.—The lead agency shall en22 sure that the report format developed under para23 graph (1), together with records maintained by each 

24 participating Indian tribe, contains information suf25 ficient— 


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1 ‘‘(A) to determine whether the Indian tribe 

2 has complied with the requirements of the ap3 proved plan of the Indian tribe; and 

4 ‘‘(B) to provide assurances to the head of 

5 each applicable Federal department or agency 

6 that the Indian tribe has complied with all di7 rectly applicable statutory and regulatory re8 quirements not waived under section 7. 

9 ‘‘(3) LIMITATION.—The report format developed 

10 under paragraph (1) shall not require a participating 

11 Indian tribe to report on the expenditure of funds (ex12 pressed by fund source or single agency code) trans13 ferred to the Indian tribe under an approved plan 

14 under this Act.’’. 

15 SEC. 12. NO REDUCTION IN AMOUNTS. 

16 Section 12 of the Indian Employment, Training and 

17 Related Services Act of 1992 (25 U.S.C. 3411), as amended 

18 by section 2 of this Act, is amended to read as follows: 

19 ‘‘SEC. 12. NO REDUCTION IN AMOUNTS. 

20 ‘‘(a) IN GENERAL.—In no case shall the amount of 

21 Federal funds available to an Indian tribe that has in place 

22 an approved plan under this Act be reduced as a result 

23 of— 

24 ‘‘(1) the enactment of this Act; or 


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1 ‘‘(2) the approval or implementation of a plan 

2 of an Indian tribe under this Act. 

3 ‘‘(b) INTERACTION WITH OTHER LAWS.—The inclu4 sion of a program in a tribal plan under this Act shall 

5 not— 

6 ‘‘(1) modify, limit, or otherwise affect the eligi7 bility of the program for contracting under the In8 dian Self-Determination and Education Assistance 

9 Act (25 U.S.C. 450 et seq.); or 

10 ‘‘(2) eliminate the applicability of any provision 

11 of the Indian Self-Determination and Education As12 sistance Act (25 U.S.C. 450 et seq.), as the provision 

13 relates to a specific program eligible for contracting 

14 under that Act.’’. 

15 SEC. 13. TRANSFER OF FUNDS. 

16 Section 13 of the Indian Employment, Training and 

17 Related Services Act of 1992 (25 U.S.C. 3412), as amended 

18 by section 2 of this Act, is amended to read as follows: 

19 ‘‘SEC. 13. TRANSFER OF FUNDS. 

20 ‘‘(a) IN GENERAL.—Notwithstanding any other provi21 sion of law, not later than 30 days after the date of appor22 tionment to the applicable Federal department or agency, 

23 the head of a Federal agency overseeing a program identi24 fied in a plan approved under this Act shall transfer to 

25 the Director of the Bureau of Indian Affairs for distribution 


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1 to an Indian tribe any funds identified in the approved 

2 plan of the Indian tribe. 

3 ‘‘(b) TRANSFER OF FUNDS.—Notwithstanding any 

4 other provision of law, at the request of the Indian tribe, 

5 all program funds transferred to an Indian tribe in accord6 ance with the approved plan of the Indian tribe shall be 

7 transferred to the Indian tribe pursuant to an existing con8 tract, compact, or funding agreement awarded pursuant to 

9 title I or IV of the Indian Self-Determination and Edu10 cation Assistance Act (25 U.S.C. 450 et seq.).’’. 

11 SEC. 14. ADMINISTRATION OF FUNDS. 

12 Section 14 of the Indian Employment, Training and 

13 Related Services Act of 1992 (25 U.S.C. 3413), as amended 

14 by section 2 of this Act, is amended— 

15 (1) by redesignating subsection (b) as subsection 

16 (d); 

17 (2) by striking the section designation and head18 ing and all that follows through subsection (a) and 

19 inserting the following: 

20 ‘‘SEC. 14. ADMINISTRATION OF FUNDS. 

21 ‘‘(a) REQUIREMENTS.— 

22 ‘‘(1) IN GENERAL.— 

23 ‘‘(A) CONSOLIDATION AND REALLOCATION

24 OF FUNDS.—Notwithstanding any other provi25 sion of law, all amounts transferred to a tribe 


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1 pursuant to an approved plan may be consoli2 dated, reallocated, and rebudgeted as specified in 

3 the approved plan to best meet the employment, 

4 training, and related needs of the local commu5 nity served by the Indian tribe. 

6 ‘‘(B) AUTHORIZED USE OF FUNDS.—The 

7 amounts used to carry out a plan approved 

8 under this Act shall be administered in such 

9 manner as the Secretary determines to be appro10 priate to ensure the amounts are spent on activi11 ties authorized under the approved plan. 

12 ‘‘(C) EFFECT.—Nothing in this section 

13 interferes with the ability of the Secretary or the 

14 lead agency to use accounting procedures that 

15 conform to generally accepted accounting prin16 ciples, auditing procedures, and safeguarding of 

17 funds that conform to chapter 75 of title 31, 

18 United States Code (commonly known as the 

19 ‘Single Audit Act of 1984’). 

20 ‘‘(2) SEPARATE RECORDS AND AUDITS NOT RE21 QUIRED.—Notwithstanding any other provision of 

22 law (including regulations and circulars of any agen23 cy (including Office of Management and Budget Cir24 cular A–133)), an Indian tribe that has in place an 

25 approved plan under this Act shall not be required— 


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1 ‘‘(A) to maintain separate records that 

2 trace any service or activity conducted under the 

3 approved plan to the program for which the 

4 funds were initially authorized or transferred; 

5 ‘‘(B) to allocate expenditures among such a 

6 program; or 

7 ‘‘(C) to audit expenditures by the original 

8 source of the program. 

9 ‘‘(b) CARRYOVER.— 

10 ‘‘(1) IN GENERAL.—Any funds transferred to an 

11 Indian tribe under this Act that are not obligated or 

12 expended prior to the beginning of the fiscal year 

13 after the fiscal year for which the funds were appro14 priated shall remain available for obligation or ex15 penditure without fiscal year limitation, subject to the 

16 condition that the funds shall be obligated or ex17 pended in accordance with the approved plan of the 

18 Indian tribe. 

19 ‘‘(2) NO ADDITIONAL DOCUMENTATION.—The In20 dian tribe shall not be required to provide any addi21 tional justification or documentation of the purposes 

22 of the approved plan as a condition of receiving or 

23 expending the funds. 

24 ‘‘(c) INDIRECT COSTS.—Notwithstanding any other 

25 provision of law, an Indian tribe shall be entitled to recover 


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1 100 percent of any indirect costs incurred by the Indian 

2 tribe as a result of the transfer of funds to the Indian tribe 

3 under this Act.’’; and 

4 (3) in subsection (d) (as redesignated by para5 graph (1))— 

6 (A) by striking ‘‘All administrative’’ and 

7 inserting the following: 

8 ‘‘(1) IN GENERAL.—All administrative’’; and 

9 (B) by striking ‘‘regulations)’’ and all that 

10 follows through the end of the subsection and in11 serting the following: ‘‘regulations). 

12 ‘‘(2) TREATMENT.—The amount equal to the dif13 ference between the amount of the commingled funds 

14 and the actual administrative cost of the programs, as 

15 described in paragraph (1), shall be considered to be 

16 properly spent for Federal audit purposes if the 

17 amount is used to achieve the purposes of this Act. 

18 ‘‘(e) MATCHING FUNDS.—Notwithstanding any other 

19 provision of law, any funds transferred to an Indian tribe 

20 under this Act shall be treated as non-Federal funds for 

21 purposes of meeting matching requirements under any other 

22 Federal law. 

23 ‘‘(f) CLAIMS.—The following provisions of law shall 

24 apply to plans approved under this Act: 


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1 ‘‘(1) Section 314 of the Department of the Inte2 rior and Related Agencies Appropriations Act, 1991 

3 (Public Law 101–512; 104 Stat. 1959). 

4 ‘‘(2) Chapter 171 of title 28 (commonly known 

5 as the ‘Federal Tort Claims Act’). 

6 ‘‘(g) INTEREST OR OTHER INCOME.— 

7 ‘‘(1) IN GENERAL.—An Indian tribe shall be en8 titled to retain interest earned on any funds trans9 ferred to the tribe under an approved plan and such 

10 interest shall not diminish the amount of funds the 

11 Indian tribe is authorized to receive under the plan 

12 in the year the interest is earned or in any subse13 quent fiscal year. 

14 ‘‘(2) PRUDENT INVESTMENT.—Funds transferred 

15 under a plan shall be managed in accordance with 

16 the prudent investment standard.’’. 

17 SEC. 15. LABOR MARKET INFORMATION ON INDIAN WORK 

18 FORCE. 

19 Section 17(a) of the Indian Employment, Training 

20 and Related Services Act of 1992 (25 U.S.C. 3416(a)), as 

21 amended by section 2 of this Act, is amended in the first 

22 sentence— 

23 (1) by striking ‘‘The Secretary’’ and all that fol24 lows through ‘‘manner,’’ and inserting ‘‘The Secretary 

25 of Labor, in consultation with the Secretary, Indian 


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1 tribes, and the Director of the Bureau of the Census, 

2 shall’’; and 

3 (2) by striking ‘‘, by gender,’’. 

4 SEC. 16. REPEALS; CONFORMING AMENDMENTS. 

5 (a) REPEALS.—Sections 15 and 16 of the Indian Em6 ployment, Training and Related Services Act of 1992 (25 

7 U.S.C. 3414, 3415), as amended by section 2 of this Act, 

8 are repealed. 

9 (b) CONFORMING AMENDMENTS.—Sections 17 and 18 

10 of the Indian Employment, Training and Related Services 

11 Act of 1992 (25 U.S.C. 3416, 3417) (as amended by this 

12 Act) are redesignated as sections 15 and 16, respectively. 

13 SEC. 17. EFFECT OF ACT. 

14 Nothing in this Act or any amendment made by this 

15 Act— 

16 (1) affects any plan approved under the Indian 

17 Employment, Training and Related Services Act of 

18 1992 (25 U.S.C. 3401 et seq.) (as so redesignated) be19 fore the date of enactment of this Act; 

20 (2) requires any Indian tribe or tribal organiza21 tion to resubmit a plan described in paragraph (1); 

22 or 

23 (3) modifies the effective period of any plan de24 scribed in paragraph (1). 


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Union Calendar No. 662 

114TH CONGRESS 

2D SESSION H. R. 329 

[Report No. 114–828, Part I] 

A BILL 

To amend the Indian Employment, Training and 

poses. from diverse Federal sources, and for other purthe employment, training, and related services facilitate the ability of Indian tribes to integrate Related Services Demonstration Act of 1992 to 

DECEMBER 7, 2016 

The Committees on Education and the Workforce and 

and ordered to be printed mittee of the Whole House on the State of the Union Ways and Means discharged; committed to the ComVerDate Sep 11 2014 00:18 Dec 09, 2016 Jkt 069200 PO 00000 Frm 00032 Fmt 6651 Sfmt 6651 E:\BILLS\H329.RH H329

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