PUBLIC LAW 115–93—DEC. 18, 2017 

INDIAN EMPLOYMENT, TRAINING AND 

RELATED SERVICES CONSOLIDATION 

ACT OF 2017 


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131 STAT. 2026 PUBLIC LAW 115–93—DEC. 18, 2017 

Public Law 115–93 

115th Congress 

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 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.— 

25 USC 3401 

note. 

25 USC 3401 

note. 

Indian 

Employment, 

Training and 

Related Services 

Consolidation Act 

of 2017. 

Dec. 18, 2017 

[H.R. 228] 


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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 Assistance Act (25 U.S.C. 5304). 

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

organizations (as defined in section 4 of the Indian SelfDetermination 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— 

Coordination. 


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‘‘(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; 

‘‘(6) identify any statutory provisions, regulations, policies, 

or procedures that the Indian tribe believes need to be waived 

to implement the plan; and 

Coordination. 


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‘‘(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— 

Deadline. 

Determination. 

Notice. 

Deadlines. 

Determination. 

Consultation. 

Consultation. 


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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 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.— 

Notification. 

Deadline. 

Coordination. 

Notice. 

Deadline. 

Deadlines. 


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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 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 

Courts. 

Hearing. 

Time period. 

Deadline. 


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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 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; 

Coordination. 

Reports. 

Contracts. 

Time period. 


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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 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; 

Records. 

Review. 

Deadline. 

Deadline. 


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‘‘(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.).’’. 

Deadline. 


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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. 


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‘‘(c) INDIRECT COSTS.—Notwithstanding any other provision of 

law, an Indian tribe shall be entitled to recover 100 percent of 

any indirect costs incurred by the Indian tribe as a result of the 

transfer of funds to the Indian tribe under this Act.’’; and 

(3) in subsection (d) (as redesignated by paragraph (1))— 

(A) by striking ‘‘All administrative’’ and inserting the 

following: 

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

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

through the end of the subsection and inserting the following: ‘‘regulations). 

‘‘(2) TREATMENT.—The amount equal to the difference 

between the amount of the commingled funds and the actual 

administrative cost of the programs, as described in paragraph 

(1), shall be considered to be properly spent for Federal audit 

purposes if the amount is used to achieve the purposes of 

this Act. 

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

of law, any funds transferred to an Indian tribe under this Act 

shall be treated as non-Federal funds for purposes of meeting 

matching requirements under any other Federal law, except those 

administered by the Department of Labor or the Department of 

Health and Human Services. 

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

plans approved under this Act: 

‘‘(1) Section 314 of the Department of the Interior and 

Related Agencies Appropriations Act, 1991 (Public Law 101– 

512; 104 Stat. 1959). 

‘‘(2) Chapter 171 of title 28 (commonly known as the ‘Federal Tort Claims Act’). 

‘‘(g) INTEREST OR OTHER INCOME.— 

‘‘(1) IN GENERAL.—An Indian tribe shall be entitled to retain 

interest earned on any funds transferred to the tribe under 

an approved plan and such interest shall not diminish the 

amount of funds the Indian tribe is authorized to receive under 

the plan in the year the interest is earned or in any subsequent 

fiscal year. 

‘‘(2) PRUDENT INVESTMENT.—Funds transferred under a 

plan shall be managed in accordance with the prudent investment standard.’’. 

SEC. 15. LABOR MARKET INFORMATION ON INDIAN WORK FORCE. 

Section 17(a) of the Indian Employment, Training and Related 

Services Act of 1992 (25 U.S.C. 3416(a)), as amended by section 

2 of this Act, is amended in the first sentence— 

(1) by striking ‘‘The Secretary’’ and all that follows through 

‘‘manner,’’ and inserting ‘‘The Secretary of Labor, in consultation with the Secretary, Indian tribes, and the Director of 

the Bureau of the Census, shall’’; and 

(2) by striking ‘‘, by gender,’’. 

SEC. 16. REPEALS; CONFORMING AMENDMENTS. 

(a) REPEALS.—Sections 15 and 16 of the Indian Employment, 

Training and Related Services Act of 1992 (25 U.S.C. 3414, 3415), 

as amended by section 2 of this Act, are repealed. 

(b) CONFORMING AMENDMENTS.—Sections 17 and 18 of the 

Indian Employment, Training and Related Services Act of 1992 

Applicability. 


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PUBLIC LAW 115–93—DEC. 18, 2017 131 STAT. 2037 

LEGISLATIVE HISTORY—H.R. 228 (S. 91): 

SENATE REPORTS: No. 115–26 (Comm. on Indian Affairs). 

CONGRESSIONAL RECORD, Vol. 163 (2017): 

Feb. 27, considered and passed House. 

Nov. 29, considered and passed Senate. 

Æ 

(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). 

Approved December 18, 2017. 

25 USC 3401 

note. 


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