H. R. 228 
One Hundred Fifteenth Congress 
of the 
United States of America 
AT THE FIRST SESSION 
Begun and held at the City of Washington on Tuesday, 
the third day of January, two thousand and seventeen 
An Act 
To amend the Indian Employment, Training and Related Services Demonstration 
Act of 1992 to facilitate the ability of Indian tribes to integrate the employment, 
training, and related services from diverse Federal sources, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Indian Employment, Training 
and Related Services Consolidation Act of 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 Employ-
ment, 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.—
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‘‘(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 Assist-
ance 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 serv-
ices provided with those funds in a consolidated and comprehen-
sive 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 opportuni-
ties; 
‘‘(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—
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‘‘(I) under a statutory or administrative for-
mula 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 non-
competitive 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 coopera-
tion 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 Sec-
retary of Homeland Security, the Secretary of Housing and Urban 
Development, the Secretary of Labor, the Secretary of Transpor-
tation, 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 consoli-
dated; 
‘‘(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 employ-
ment during the second quarter after exit from the pro-
gram, 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
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‘‘(7) be approved by the governing body of the Indian tribe.’’. 
SEC. 8. PLAN REVIEW; WAIVER AUTHORITY; AND DISPUTE RESOLU-
TION. 
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 sub-
section (a) shall identify any waivers of applicable statutory, regu-
latory, 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 Sec-
retary, a participating Indian tribe may request that the head 
of each affected agency waive any statutory, regulatory, or adminis-
trative 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 identi-
fied 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 incon-
sistent 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 Sec-
retary 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—
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‘‘(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 obliga-
tions 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 DECI-
SION. 
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 DECI-
SION. 
‘‘(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 para-
graph (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.—
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‘‘(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 consid-
ered 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 oppor-
tunity 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 sec-
tion. 
‘‘(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 para-
graph, 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 regula-
tions 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 Serv-
ices, as appropriate (collectively referred to in this paragraph
H. R. 228—7 
as the ‘Department’) that constitutes final agency action and 
that relates to an appeal within the Department that is con-
ducted 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 Depart-
ment 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 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 partici-
pating Indian tribes; 
‘‘(C) the development and use of a single monitoring 
and oversight system for plans approved under this Act;
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‘‘(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 depart-
ment 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 resolu-
tion 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 Sec-
retary (acting through the Director of the Bureau of Indian 
Affairs), in conjunction with the Secretaries of Agriculture, 
Commerce, Education, Energy, Health and Human Serv-
ices, 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 implementa-
tion 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 pro-
gram 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 iden-
tify 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 dis-
tribute 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 com-
plied with the requirements of the approved plan of the 
Indian tribe;
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‘‘(B) to determine the number and percentage of pro-
gram 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 para-
graph (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 pro-
gram 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 trans-
ferred 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.).’’.