II 

Calendar No. 32 

115TH CONGRESS 

1ST SESSION S. 91 

[Report No. 115–26] 

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 SENATE OF THE UNITED STATES 

JANUARY 10, 2017 

Ms. MURKOWSKI (for herself and Mr. SULLIVAN) introduced the following bill; 

which was read twice and referred to the Committee on Indian Affairs 

APRIL 6 (legislative day, APRIL 4), 2017 

Reported by Mr. HOEVEN, without amendment 

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. 

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

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1 SECTION 1. SHORT TITLE. 

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

3 Training and Related Services Consolidation Act of 

4 2017’’. 

5 SEC. 2. AMENDMENT OF SHORT TITLE. 

6 (a) IN GENERAL.—Section 1 of the Indian Employ7 ment, Training and Related Services Demonstration Act 

8 of 1992 (25 U.S.C. 3401 note) is amended to read as fol9 lows: 

10 ‘‘SECTION 1. SHORT TITLE. 

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

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

13 (b) REFERENCES.—Any reference in law to the ‘‘In14 dian Employment, Training and Related Services Dem15 onstration Act of 1992’’ shall be deemed to be a reference 

16 to the ‘‘Indian Employment, Training and Related Serv17 ices Act of 1992’’. 

18 SEC. 3. STATEMENT OF PURPOSE. 

19 Section 2 of the Indian Employment, Training and 

20 Related Services Act of 1992 (25 U.S.C. 3401), as amend21 ed by section 2 of this Act, is amended— 

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

23 to demonstrate how Indian tribal governments can’’ 

24 and inserting ‘‘The purpose of this Act is to facili25 tate the ability of Indian tribes and tribal organiza26 tions to’’; 

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

2 after ‘‘they provide’’; 

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

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

5 (4) by inserting ‘‘, while reducing administra6 tive, reporting, and accounting costs’’ after ‘‘policy 

7 of self-determination’’. 

8 SEC. 4. DEFINITIONS. 

9 Section 3 of the Indian Employment, Training and 

10 Related Services Act of 1992 (25 U.S.C. 3402), as amend11 ed by section 2 of this Act, is amended— 

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

13 following: 

14 ‘‘(2) INDIAN TRIBE.— 

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

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

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

18 Self-Determination and Education Assistance 

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

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

21 includes tribal organizations (as defined in sec22 tion 4 of the Indian Self-Determination and 

23 Education Assistance Act (25 U.S.C. 5304)).’’; 

24 (2) by redesignating paragraph (4) as para25 graph (5); and 

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1 (3) by inserting after paragraph (3) the fol2 lowing: 

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

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

5 SEC. 5. INTEGRATION OF SERVICES AUTHORIZED. 

6 Section 4 of the Indian Employment, Training and 

7 Related Services Act of 1992 (25 U.S.C. 3403), as amend8 ed by section 2 of this Act, is amended to read as follows: 

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

10 ‘‘The Secretary shall, after approving a plan sub11 mitted by an Indian tribe in accordance with section 8, 

12 authorize the Indian tribe to, in accordance with the 

13 plan— 

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

15 received by the Indian tribe in accordance with waiv16 er authority granted under section 7(d); 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 amend23 ed 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 sec3 tion 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) skill development; 

11 ‘‘(v) assisting Indian youth and adults 

12 to succeed in the workforce; 

13 ‘‘(vi) encouraging self-sufficiency; 

14 ‘‘(vii) familiarizing individual partici15 pants with the world of work; 

16 ‘‘(viii) facilitating the creation of job 

17 opportunities; 

18 ‘‘(ix) economic development; or 

19 ‘‘(x) any services related to the activi20 ties described in clauses (i) through (ix); 

21 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.— 

10 For purposes of this section, programs funded by 

11 block grant funds provided to an Indian tribe, re12 gardless of whether the block grant is for the benefit 

13 of the Indian tribe because of the status of the In14 dian tribe or the status of the beneficiaries the grant 

15 serves, shall be eligible to be integrated into the 

16 plan. 

17 ‘‘(b) PROGRAM AUTHORIZATION.—The Secretary 

18 shall, in cooperation with the Attorney General, the Sec19 retary of Agriculture, the Secretary of Commerce, the Sec20 retary of Education, the Secretary of Energy, the Sec21 retary of Health and Human Services, the Secretary of 

22 Homeland Security, the Secretary of Housing and Urban 

23 Development, the Secretary of Labor, the Secretary of 

24 Transportation, and the Secretary of Veterans Affairs, 

25 after the Secretary approves a plan submitted by an Inmstockstill on DSK3G9T082PROD with BILLS

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1 dian tribe or tribal organization under section 8, authorize 

2 the Indian tribe or tribal organization, as applicable, to 

3 coordinate, in accordance with the plan, federally funded 

4 employment, training, and related services programs and 

5 funding in a manner that integrates the programs and 

6 funding into a consolidated and comprehensive program.’’. 

7 SEC. 7. PLAN REQUIREMENTS. 

8 Section 6 of the Indian Employment, Training and 

9 Related Services Act of 1992 (25 U.S.C. 3405), as amend10 ed by section 2 of this Act, is amended to read as follows: 

11 ‘‘SEC. 6. PLAN REQUIREMENTS. 

12 ‘‘A plan submitted to the Secretary for approval 

13 under this Act shall— 

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

15 consolidated; 

16 ‘‘(2) be consistent with the purpose of this Act; 

17 ‘‘(3) describe— 

18 ‘‘(A) a comprehensive strategy identifying 

19 the full range of potential employment opportu20 nities on and near the service area of the In21 dian tribe; 

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

23 services to be provided to assist Indians to ac24 cess 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, including the ex5 pected number of program participants in un6 subsidized employment during the second quar7 ter after exit from the program, from the plan; 

8 ‘‘(4) identify the projected expenditures under 

9 the plan in a single budget covering all consolidated 

10 funds; 

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

12 be involved in the delivery of the services integrated 

13 under the plan; 

14 ‘‘(6) identify any statutory provisions, regula15 tions, policies, or procedures that the Indian tribe 

16 believes need to be waived to implement the plan; 

17 and 

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

19 Indian tribe.’’. 

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

21 RESOLUTION. 

22 Section 7 of the Indian Employment, Training and 

23 Related Services Act of 1992 (25 U.S.C. 3406), as amend24 ed by section 2 of this Act, is amended to read as follows: 

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1 ‘‘SEC. 7. PLAN REVIEW. 

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

3 Indian tribe, the Secretary shall consult with— 

4 ‘‘(1) the head of each Federal agency over5 seeing a program identified in the plan; and 

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

7 ‘‘(b) IDENTIFICATION OF WAIVERS.—The parties 

8 identified in subsection (a) shall identify any waivers of 

9 applicable statutory, regulatory, or administrative require10 ments, or of Federal agency policies or procedures nec11 essary to enable the Indian tribe to efficiently implement 

12 the plan. 

13 ‘‘(c) TRIBAL WAIVER REQUEST.—In consultation 

14 with the Secretary, a participating Indian tribe may re15 quest that the head of each affected agency waive any stat16 utory, regulatory, or administrative requirement, policy, or 

17 procedure identified subsection (b). 

18 ‘‘(d) WAIVER AUTHORITY.— 

19 ‘‘(1) IN GENERAL.—Except as provided in para20 graph (2), notwithstanding any other provision of 

21 law, the head of each affected Federal agency shall 

22 waive any applicable statutory, regulatory, or admin23 istrative requirement, regulation, policy, or proce24 dure promulgated by the agency that has been iden25 tified by the parties under subparagraph (b). 

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1 ‘‘(2) EXCEPTION.—The head of an affected 

2 Federal agency shall not grant a waiver under para3 graph (1) if the head of the affected agency deter4 mines that a waiver will be inconsistent with— 

5 ‘‘(A) the purpose of this Act; or 

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

7 program included in the plan derives its author8 ity that is specifically applicable to Indians. 

9 ‘‘(e) DECISION ON WAIVER REQUEST.— 

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

11 after the head of an affected agency receives a waiv12 er request, the head of the affected agency shall de13 cide whether to grant or deny the request. 

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

15 affected agency denies a waiver request, not later 

16 than 30 days after the date on which the denial is 

17 made, the head of the affected agency shall provide 

18 the requesting Indian tribe and the Secretary with 

19 written notice of the denial and the reasons for the 

20 denial. 

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

22 head of an affected agency does not make a decision 

23 under paragraph (1) by the deadline identified in 

24 that paragraph, the request shall be considered to be 

25 granted. 

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1 ‘‘(f) SECRETARIAL REVIEW.—If the head of an af2 fected agency denies a waiver request under subsection 

3 (e)(2), not later than 30 days after the date on which the 

4 request is denied, the Secretary shall review the denial and 

5 determine whether granting the waiver— 

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

7 this Act; or 

8 ‘‘(2) will prevent the affected agency from ful9 filling the obligations of the affected agency under 

10 this Act. 

11 ‘‘(g) INTERAGENCY DISPUTE RESOLUTION.— 

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

13 after the date on which the Secretary determines 

14 that granting the waiver will not be inconsistent 

15 with the provisions of this Act and will not prevent 

16 the affected agency from fulfilling the obligations of 

17 the affected agency under this Act, the Secretary 

18 shall establish and initiate an interagency dispute 

19 resolution process involving— 

20 ‘‘(A) the Secretary; 

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

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

23 ‘‘(2) DURATION.—A dispute subject to para24 graph (1) shall be resolved not later than 30 days 

25 after the date on which the process is initiated. 

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

2 process fails to resolve the dispute between a participating 

3 Indian tribe and an affected agency, the head of the af4 fected agency shall have the final authority to resolve the 

5 dispute. 

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

7 the date on which the dispute is resolved under this sec8 tion, the Secretary shall provide the requesting Indian 

9 tribe with— 

10 ‘‘(1) the final decision on the waiver request; 

11 and 

12 ‘‘(2) notice of the right to file an appeal in ac13 cordance with the applicable provisions described in 

14 section 8(d).’’. 

15 SEC. 9. PLAN APPROVAL; SECRETARIAL AUTHORITY; RE16 VIEW OF DECISION. 

17 Section 8 of the Indian Employment, Training and 

18 Related Services Act of 1992 (25 U.S.C. 3407), as amend19 ed by section 2 of this Act, is amended to read as follows: 

20 ‘‘SEC. 8. PLAN APPROVAL; SECRETARIAL AUTHORITY; RE21 VIEW OF DECISION. 

22 ‘‘(a) IN GENERAL.—The Secretary shall have exclu23 sive authority to approve or disapprove a plan submitted 

24 by an Indian tribe in accordance with section 6. 

25 ‘‘(b) APPROVAL PROCESS.— 

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

2 after the date on which the Secretary receives a 

3 plan, the Secretary shall, after coordinating with the 

4 Secretary of each Federal agency providing funds to 

5 be used to implement the plan, approve or deny the 

6 plan. 

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

8 plan under paragraph (1), the Secretary shall au9 thorize the transfer of program funds identified in 

10 the plan in accordance with section 13. 

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

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

13 the Indian tribe a written notification of disapproval 

14 of the plan that contains a specific finding that 

15 clearly demonstrates, or that is supported by a con16 trolling legal authority, that the plan does not meet 

17 the requirements described in section 6. 

18 ‘‘(4) PARTIAL APPROVAL.— 

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

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

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

22 not been approved (or is subject to dispute res23 olution) under section 7, the Secretary shall, 

24 upon a request from the tribe, grant partial apmstockstill on DSK3G9T082PROD with BILLS

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1 proval for those portions of the plan not af2 fected by the request for a waiver. 

3 ‘‘(B) APPROVAL AFTER RESOLUTION.— 

4 With respect to a plan described in subpara5 graph (A), on resolution of the request for a 

6 waiver under section 7, the Secretary shall, on 

7 a request from the tribe, approve the plan or 

8 amended plan not later than 90 days after the 

9 date on which the Secretary receives the re10 quest. 

11 ‘‘(5) FAILURE TO ACT.—If the Secretary does 

12 not make a decision under paragraph (1) within 90 

13 days of the date on which the Secretary receives the 

14 plan, the plan shall be considered to be approved. 

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

16 other provision of law, the Secretary may extend or other17 wise alter the 90-day period identified in subsection (b)(1) 

18 for not more than 90 additional days, if, before the expira19 tion of the period, the Secretary obtains the express writ20 ten consent of the Indian tribe. 

21 ‘‘(d) REVIEW OF DENIAL.— 

22 ‘‘(1) PROCEDURE UPON REFUSAL TO APPROVE

23 PLAN.—If the Secretary denies a plan under sub24 section (b)(3), the Secretary shall— 

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

2 Indian tribe; 

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

4 to overcome the stated objections; and 

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

6 action under paragraph (2), provide the Indian 

7 tribe with a hearing on the record with the 

8 right to engage in full discovery relevant to any 

9 issue raised in the matter and the opportunity 

10 for appeal on the objections raised, under such 

11 rules and regulations as the Secretary may pro12 mulgate. 

13 ‘‘(2) CIVIL ACTIONS.— 

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

15 the United States shall have original jurisdic16 tion of a civil action against the appropriate 

17 Secretary arising under this section. 

18 ‘‘(B) ADMINISTRATIVE HEARING AND AP19 PEAL NOT REQUIRED.—An Indian tribe may 

20 bring a civil action under this paragraph with21 out regard to whether the Indian tribe had a 

22 hearing or filed an appeal under paragraph (1). 

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

24 this paragraph, the court may order appro25 priate relief (including injunctive relief to remstockstill on DSK3G9T082PROD with BILLS

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1 verse a denial of a plan under this section or 

2 to compel an officer or employee of the United 

3 States, or any agency thereof, to perform a 

4 duty provided under this Act or regulations pro5 mulgated thereunder) against any action by an 

6 officer or employee of the United States or any 

7 agency thereof contrary to this Act or regula8 tions promulgated thereunder. 

9 ‘‘(3) FINAL AGENCY ACTION.—Notwithstanding 

10 any other provision of law, a decision by an official 

11 of the Department of the Interior or the Department 

12 of Health and Human Services, as appropriate (col13 lectively referred to in this paragraph as the ‘De14 partment’) that constitutes final agency action and 

15 that relates to an appeal within the Department that 

16 is conducted under paragraph (1)(C) shall be 

17 made— 

18 ‘‘(A) by an official of the Department who 

19 holds a position at a higher organizational level 

20 within the Department than the level of the de21 partmental agency (such as the Indian Health 

22 Service or the Bureau of Indian Affairs) in 

23 which the decision that is the subject of the ap24 peal was made; or 

25 ‘‘(B) by an administrative law judge.’’. 

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1 SEC. 10. EMPLOYER TRAINING PLACEMENTS. 

2 Section 10 of the Indian Employment, Training and 

3 Related Services Act of 1992 (25 U.S.C. 3409), as amend4 ed by section 2 of this Act, is amended to read as follows: 

5 ‘‘SEC. 10. EMPLOYER TRAINING PLACEMENTS. 

6 ‘‘(a) IN GENERAL.—Subject to subsection (b), an In7 dian tribe that has in place an approved plan under this 

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

9 this Act— 

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

11 with employers; and 

12 ‘‘(2) to pay the participants a training allow13 ance or wage for a training period of not more than 

14 24 months, which may be nonconsecutive. 

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

16 out subsection (a) only if the Indian tribe enters into a 

17 written agreement with each applicable employer under 

18 which the employer shall agree— 

19 ‘‘(1) to provide on-the-job training to the par20 ticipants; and 

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

22 period described in subsection (a)(2), to prioritize 

23 the provision of permanent employment to the par24 ticipants.’’. 

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1 SEC. 11. FEDERAL RESPONSIBILITIES. 

2 Section 11 of the Indian Employment, Training and 

3 Related Services Act of 1992 (25 U.S.C. 3410), as amend4 ed by section 2 of this Act, is amended to read as follows: 

5 ‘‘SEC. 11. FEDERAL RESPONSIBILITIES. 

6 ‘‘(a) LEAD AGENCY.— 

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

8 provision of law, the lead agency responsible for im9 plementation of this Act shall be the Bureau of In10 dian Affairs. 

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

12 Director of the Bureau of Indian Affairs in carrying 

13 out this Act shall include— 

14 ‘‘(A) in coordination with the head of each 

15 Federal agency overseeing a program identified 

16 in the plan, the development of a single model 

17 report for each Indian tribe that has in place an 

18 approved plan under this Act to submit to the 

19 Director reports on any consolidated activities 

20 undertaken and joint expenditures made under 

21 the plan; 

22 ‘‘(B) the provision, directly or through con23 tract, of appropriate voluntary and technical as24 sistance to participating Indian tribes; 

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

2 monitoring and oversight system for plans ap3 proved under this Act; 

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

5 a plan approved under this Act; and 

6 ‘‘(ii) the distribution of the funds to the re7 spective Indian tribes by not later than 45 days 

8 after the date of receipt of the funds from the 

9 appropriate Federal department or agency; and 

10 ‘‘(E)(i) the performance of activities de11 scribed in section 7 relating to agency waivers; 

12 and 

13 ‘‘(ii) the establishment of an interagency 

14 dispute resolution process. 

15 ‘‘(3) MEMORANDUM OF AGREEMENT.— 

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

17 after the date of enactment of the Indian Em18 ployment, Training and Related Services Con19 solidation Act of 2017, the Secretary (acting 

20 through the Director of the Bureau of Indian 

21 Affairs), in conjunction with the Secretaries of 

22 Agriculture, Commerce, Education, Energy, 

23 Health and Human Services, Homeland Secu24 rity, Housing and Urban Development, Labor, 

25 Transportation, and Veterans Affairs and the 

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1 Attorney General, shall enter into an inter2 departmental memorandum of agreement pro3 viding for the implementation of this Act. 

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

5 agreement under subparagraph (A) shall in6 clude provisions relating to— 

7 ‘‘(i) an annual meeting of partici8 pating Indian tribes and Federal depart9 ments and agencies, to be co-chaired by— 

10 ‘‘(I) a representative of the Presi11 dent; and 

12 ‘‘(II) a representative of the par13 ticipating Indian tribes; 

14 ‘‘(ii) an annual review of the achieve15 ments under this Act, including the num16 ber and percentage of program partici17 pants in unsubsidized employment during 

18 the second quarter after exit from the pro19 gram, and any statutory, regulatory, ad20 ministrative, or policy obstacles that pre21 vent participating Indian tribes from fully 

22 and efficiently carrying out the purposes of 

23 this Act; and 

24 ‘‘(iii) a forum comprised of partici25 pating Indian tribes and Federal departmstockstill on DSK3G9T082PROD with BILLS

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1 ments and agencies to identify and resolve 

2 interagency conflicts and conflicts between 

3 the Federal Government and Indian tribes 

4 in the administration of this Act. 

5 ‘‘(b) REPORT FORMAT.— 

6 ‘‘(1) IN GENERAL.—The lead agency shall de7 velop and distribute to Indian tribes that have in 

8 place an approved plan under this Act a single re9 port format, in accordance with the requirements of 

10 this Act. 

11 ‘‘(2) REQUIREMENTS.—The lead agency shall 

12 ensure that the report format developed under para13 graph (1), together with records maintained by each 

14 participating Indian tribe, contains information suf15 ficient— 

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

17 has complied with the requirements of the ap18 proved plan of the Indian tribe; 

19 ‘‘(B) to determine the number and per20 centage of program participants in unsubsidized 

21 employment during the second quarter after 

22 exit from the program; and 

23 ‘‘(C) to provide assurances to the head of 

24 each applicable Federal department or agency 

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1 rectly applicable statutory and regulatory re2 quirements not waived under section 7. 

3 ‘‘(3) LIMITATION.—The report format devel4 oped under paragraph (1) shall not require a partici5 pating Indian tribe to report on the expenditure of 

6 funds expressed by fund source or single agency 

7 code transferred to the Indian tribe under an ap8 proved plan under this Act but instead shall require 

9 the Indian tribe to submit a single report on the ex10 penditure of consolidated funds under such plan.’’. 

11 SEC. 12. NO REDUCTION IN AMOUNTS. 

12 Section 12 of the Indian Employment, Training and 

13 Related Services Act of 1992 (25 U.S.C. 3411), as amend14 ed by section 2 of this Act, is amended to read as follows: 

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

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

17 Federal funds available to an Indian tribe that has in 

18 place an approved plan under this Act be reduced as a 

19 result of— 

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

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

22 of an Indian tribe under this Act. 

23 ‘‘(b) INTERACTION WITH OTHER LAWS.—The inclu24 sion of a program in a tribal plan under this Act shall 

25 not— 

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1 ‘‘(1) modify, limit, or otherwise affect the eligi2 bility of the program for contracting under the In3 dian Self-Determination and Education Assistance 

4 Act (25 U.S.C. 5304 et seq.); or 

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

6 of the Indian Self-Determination and Education As7 sistance Act (25 U.S.C. 5304 et seq.), as the provi8 sion relates to a specific program eligible for con9 tracting under that Act.’’. 

10 SEC. 13. TRANSFER OF FUNDS. 

11 Section 13 of the Indian Employment, Training and 

12 Related Services Act of 1992 (25 U.S.C. 3412), as amend13 ed by section 2 of this Act, is amended to read as follows: 

14 ‘‘SEC. 13. TRANSFER OF FUNDS. 

15 ‘‘(a) IN GENERAL.—Notwithstanding any other pro16 vision of law, not later than 30 days after the date of ap17 portionment to the applicable Federal department or agen18 cy, the head of a Federal agency overseeing a program 

19 identified in a plan approved under this Act shall transfer 

20 to the Director of the Bureau of Indian Affairs for dis21 tribution to an Indian tribe any funds identified in the 

22 approved plan of the Indian tribe. 

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

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

25 all program funds transferred to an Indian tribe in accordmstockstill on DSK3G9T082PROD with BILLS

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1 ance with the approved plan of the Indian tribe shall be 

2 transferred to the Indian tribe pursuant to an existing 

3 contract, compact, or funding agreement awarded pursu4 ant to title I or IV of the Indian Self-Determination and 

5 Education Assistance Act (25 U.S.C. 5304 et seq.).’’. 

6 SEC. 14. ADMINISTRATION OF FUNDS. 

7 Section 14 of the Indian Employment, Training and 

8 Related Services Act of 1992 (25 U.S.C. 3413), as amend9 ed by section 2 of this Act, is amended— 

10 (1) by redesignating subsection (b) as sub11 section (d); 

12 (2) by striking the section designation and 

13 heading and all that follows through subsection (a) 

14 and inserting the following: 

15 ‘‘SEC. 14. ADMINISTRATION OF FUNDS. 

16 ‘‘(a) REQUIREMENTS.— 

17 ‘‘(1) IN GENERAL.— 

18 ‘‘(A) CONSOLIDATION AND REALLOCATION

19 OF FUNDS.—Notwithstanding any other provi20 sion of law, all amounts transferred to a tribe 

21 pursuant to an approved plan may be consoli22 dated, reallocated, and rebudgeted as specified 

23 in the approved plan to best meet the employ24 ment, training, and related needs of the local 

25 community served by the Indian tribe. 

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1 ‘‘(B) AUTHORIZED USE OF FUNDS.—The 

2 amounts used to carry out a plan approved 

3 under this Act shall be administered in such 

4 manner as the Secretary determines to be ap5 propriate to ensure the amounts are spent on 

6 activities authorized under the approved plan. 

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

8 interferes with the ability of the Secretary or 

9 the lead agency to use accounting procedures 

10 that conform to generally accepted accounting 

11 principles, auditing procedures, and safe12 guarding of funds that conform to chapter 75 

13 of title 31, United States Code (commonly 

14 known as the ‘Single Audit Act of 1984’). 

15 ‘‘(2) SEPARATE RECORDS AND AUDITS NOT RE16 QUIRED.—Notwithstanding any other provision of 

17 law (including regulations and circulars of any agen18 cy (including Office of Management and Budget Cir19 cular A–133)), an Indian tribe that has in place an 

20 approved plan under this Act shall not be required— 

21 ‘‘(A) to maintain separate records that 

22 trace any service or activity conducted under 

23 the approved plan to the program for which the 

24 funds were initially authorized or transferred; 

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1 ‘‘(B) to allocate expenditures among such 

2 a program; or 

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

4 source of the program. 

5 ‘‘(b) CARRYOVER.— 

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

7 an Indian tribe under this Act that are not obligated 

8 or expended prior to the beginning of the fiscal year 

9 after the fiscal year for which the funds were appro10 priated shall remain available for obligation or ex11 penditure without fiscal year limitation, subject to 

12 the condition that the funds shall be obligated or ex13 pended in accordance with the approved plan of the 

14 Indian tribe. 

15 ‘‘(2) NO ADDITIONAL DOCUMENTATION.—The 

16 Indian tribe shall not be required to provide any ad17 ditional justification or documentation of the pur18 poses of the approved plan as a condition of receiv19 ing or expending the funds. 

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

21 provision of law, an Indian tribe shall be entitled to re22 cover 100 percent of any indirect costs incurred by the 

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

24 Indian tribe under this Act.’’; and 

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1 (3) in subsection (d) (as redesignated by para2 graph (1))— 

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

4 inserting the following: 

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

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

7 follows through the end of the subsection and 

8 inserting the following: ‘‘regulations). 

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

10 difference between the amount of the commingled 

11 funds and the actual administrative cost of the pro12 grams, as described in paragraph (1), shall be con13 sidered to be properly spent for Federal audit pur14 poses if the amount is used to achieve the purposes 

15 of this Act. 

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

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

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

19 purposes of meeting matching requirements under any 

20 other Federal law, except those administered by the De21 partment of Labor or the Department of Health and 

22 Human Services. 

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 In2 terior and Related Agencies Appropriations Act, 

3 1991 (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 

8 entitled 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 trans15 ferred under a plan shall be managed in accordance 

16 with 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)), 

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

22 first sentence— 

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

24 follows through ‘‘manner,’’ and inserting ‘‘The Sec25 retary of Labor, in consultation with the Secretary, 

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

2 Census, 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 

10 18 of the Indian Employment, Training and Related Serv11 ices Act of 1992 (25 U.S.C. 3416, 3417) (as amended by 

12 this Act) are redesignated as sections 15 and 16, respec13 tively. 

14 SEC. 17. EFFECT OF ACT. 

15 Nothing in this Act or any amendment made by this 

16 Act— 

17 (1) affects any plan approved under the Indian 

18 Employment, Training and Related Services Act of 

19 1992 (25 U.S.C. 3401 et seq.), as amended by sec20 tion 2 of this Act, before the date of enactment of 

21 this Act; 

22 (2) requires any Indian tribe or tribal organiza23 tion to resubmit a plan described in paragraph (1); 

24 or 

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1 (3) modifies the effective period of any plan de2 scribed in paragraph (1). 

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Calendar No. 32 

115TH CONGRESS 

1ST SESSION S. 91 

[Report No. 115–26] 

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 

APRIL 6 (legislative day, APRIL 4), 2017 

Reported without amendment 

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