II 

115TH CONGRESS 

1ST SESSION S. 91 

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 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Training and Related Services Consolidation Act of 

6 2017’’. 


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1 SEC. 2. AMENDMENT OF SHORT TITLE. 

2 (a) IN GENERAL.—Section 1 of the Indian Employ3 ment, Training and Related Services Demonstration Act 

4 of 1992 (25 U.S.C. 3401 note) is amended to read as fol5 lows: 

6 ‘‘SECTION 1. SHORT TITLE. 

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

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

9 (b) REFERENCES.—Any reference in law to the ‘‘In10 dian Employment, Training and Related Services Dem11 onstration Act of 1992’’ shall be deemed to be a reference 

12 to the ‘‘Indian Employment, Training and Related Serv13 ices Act of 1992’’. 

14 SEC. 3. STATEMENT OF PURPOSE. 

15 Section 2 of the Indian Employment, Training and 

16 Related Services Act of 1992 (25 U.S.C. 3401), as amend17 ed by section 2 of this Act, is amended— 

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

19 to demonstrate how Indian tribal governments can’’ 

20 and inserting ‘‘The purpose of this Act is to facili21 tate the ability of Indian tribes and tribal organiza22 tions to’’; 

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

24 after ‘‘they provide’’; 

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

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


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1 (4) by inserting ‘‘, while reducing administra2 tive, reporting, and accounting costs’’ after ‘‘policy 

3 of self-determination’’. 

4 SEC. 4. DEFINITIONS. 

5 Section 3 of the Indian Employment, Training and 

6 Related Services Act of 1992 (25 U.S.C. 3402), as amend7 ed by section 2 of this Act, is amended— 

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

9 following: 

10 ‘‘(2) INDIAN TRIBE.— 

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

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

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

14 Self-Determination and Education Assistance 

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

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

17 includes tribal organizations (as defined in sec18 tion 4 of the Indian Self-Determination and 

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

20 (2) by redesignating paragraph (4) as para21 graph (5); and 

22 (3) by inserting after paragraph (3) the fol23 lowing: 

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

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


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1 SEC. 5. INTEGRATION OF SERVICES AUTHORIZED. 

2 Section 4 of the Indian Employment, Training and 

3 Related Services Act of 1992 (25 U.S.C. 3403), as amend4 ed by section 2 of this Act, is amended to read as follows: 

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

6 ‘‘The Secretary shall, after approving a plan sub7 mitted by an Indian tribe in accordance with section 8, 

8 authorize the Indian tribe to, in accordance with the 

9 plan— 

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

11 received by the Indian tribe in accordance with waiv12 er authority granted under section 7(d); and 

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

14 related services provided with those funds in a con15 solidated and comprehensive tribal plan.’’. 

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

17 Section 5 of the Indian Employment, Training and 

18 Related Services Act of 1992 (25 U.S.C. 3404), as amend19 ed by section 2 of this Act, is amended to read as follows: 

20 ‘‘SEC. 5. PROGRAMS AFFECTED. 

21 ‘‘(a) PROGRAMS AFFECTED.— 

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

23 integrated pursuant to a plan approved under sec24 tion 8 shall be only programs— 

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

26 ‘‘(i) job training; 


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

2 experience; 

3 ‘‘(iii) creating or enhancing employ4 ment opportunities; 

5 ‘‘(iv) skill development; 

6 ‘‘(v) assisting Indian youth and adults 

7 to succeed in the workforce; 

8 ‘‘(vi) encouraging self-sufficiency; 

9 ‘‘(vii) familiarizing individual partici10 pants with the world of work; 

11 ‘‘(viii) facilitating the creation of job 

12 opportunities; 

13 ‘‘(ix) economic development; or 

14 ‘‘(x) any services related to the activi15 ties described in clauses (i) through (ix); 

16 and 

17 ‘‘(B) under which an Indian tribe or mem18 bers of an Indian tribe— 

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

20 ‘‘(I) under a statutory or admin21 istrative formula making funds avail22 able to an Indian tribe; or 

23 ‘‘(II) due to their status as Indi24 ans under Federal law; or 


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

2 a competitive process, a noncompetitive 

3 process, or a specific designation. 

4 ‘‘(2) TREATMENT OF BLOCK GRANT FUNDS.— 

5 For purposes of this section, programs funded by 

6 block grant funds provided to an Indian tribe, re7 gardless of whether the block grant is for the benefit 

8 of the Indian tribe because of the status of the In9 dian tribe or the status of the beneficiaries the grant 

10 serves, shall be eligible to be integrated into the 

11 plan. 

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

13 shall, in cooperation with the Attorney General, the Sec14 retary of Agriculture, the Secretary of Commerce, the Sec15 retary of Education, the Secretary of Energy, the Sec16 retary of Health and Human Services, the Secretary of 

17 Homeland Security, the Secretary of Housing and Urban 

18 Development, the Secretary of Labor, the Secretary of 

19 Transportation, and the Secretary of Veterans Affairs, 

20 after the Secretary approves a plan submitted by an In21 dian tribe or tribal organization under section 8, authorize 

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

23 coordinate, in accordance with the plan, federally funded 

24 employment, training, and related services programs and 


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1 funding in a manner that integrates the programs and 

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

3 SEC. 7. PLAN REQUIREMENTS. 

4 Section 6 of the Indian Employment, Training and 

5 Related Services Act of 1992 (25 U.S.C. 3405), as amend6 ed by section 2 of this Act, is amended to read as follows: 

7 ‘‘SEC. 6. PLAN REQUIREMENTS. 

8 ‘‘A plan submitted to the Secretary for approval 

9 under this Act shall— 

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

11 consolidated; 

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

13 ‘‘(3) describe— 

14 ‘‘(A) a comprehensive strategy identifying 

15 the full range of potential employment opportu16 nities on and near the service area of the In17 dian tribe; 

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

19 services to be provided to assist Indians to ac20 cess those employment opportunities; 

21 ‘‘(C) the way in which services and pro22 gram funds are to be integrated, consolidated, 

23 and delivered; and 

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1 subsidized employment during the second quar2 ter after exit from the program, from the plan; 

3 ‘‘(4) identify the projected expenditures under 

4 the plan in a single budget covering all consolidated 

5 funds; 

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

7 be involved in the delivery of the services integrated 

8 under the plan; 

9 ‘‘(6) identify any statutory provisions, regula10 tions, policies, or procedures that the Indian tribe 

11 believes need to be waived to implement the plan; 

12 and 

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

14 Indian tribe.’’. 

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

16 RESOLUTION. 

17 Section 7 of the Indian Employment, Training and 

18 Related Services Act of 1992 (25 U.S.C. 3406), as amend19 ed by section 2 of this Act, is amended to read as follows: 

20 ‘‘SEC. 7. PLAN REVIEW. 

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

22 Indian tribe, the Secretary shall consult with— 

23 ‘‘(1) the head of each Federal agency over24 seeing a program identified in the plan; and 

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


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

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

3 applicable statutory, regulatory, or administrative require4 ments, or of Federal agency policies or procedures nec5 essary to enable the Indian tribe to efficiently implement 

6 the plan. 

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

8 with the Secretary, a participating Indian tribe may re9 quest that the head of each affected agency waive any stat10 utory, regulatory, or administrative requirement, policy, or 

11 procedure identified subsection (b). 

12 ‘‘(d) WAIVER AUTHORITY.— 

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

15 law, the head of each affected Federal agency shall 

16 waive any applicable statutory, regulatory, or admin17 istrative requirement, regulation, policy, or proce18 dure promulgated by the agency that has been iden19 tified by the parties under subparagraph (b). 

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

21 Federal agency shall not grant a waiver under para22 graph (1) if the head of the affected agency deter23 mines that a waiver will be inconsistent with— 

24 ‘‘(A) the purpose of this Act; or 


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

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

4 ‘‘(e) DECISION ON WAIVER REQUEST.— 

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

6 after the head of an affected agency receives a waiv7 er request, the head of the affected agency shall de8 cide whether to grant or deny the request. 

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

10 affected agency denies a waiver request, not later 

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

12 made, the head of the affected agency shall provide 

13 the requesting Indian tribe and the Secretary with 

14 written notice of the denial and the reasons for the 

15 denial. 

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

17 head of an affected agency does not make a decision 

18 under paragraph (1) by the deadline identified in 

19 that paragraph, the request shall be considered to be 

20 granted. 

21 ‘‘(f) SECRETARIAL REVIEW.—If the head of an af22 fected agency denies a waiver request under subsection 

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

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

25 determine whether granting the waiver— 


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

2 this Act; or 

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

5 this Act. 

6 ‘‘(g) INTERAGENCY DISPUTE RESOLUTION.— 

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

8 after the date on which the Secretary determines 

9 that granting the waiver will not be inconsistent 

10 with the provisions of this Act and will not prevent 

11 the affected agency from fulfilling the obligations of 

12 the affected agency under this Act, the Secretary 

13 shall establish and initiate an interagency dispute 

14 resolution process involving— 

15 ‘‘(A) the Secretary; 

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

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

18 ‘‘(2) DURATION.—A dispute subject to para19 graph (1) shall be resolved not later than 30 days 

20 after the date on which the process is initiated. 

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

22 process fails to resolve the dispute between a participating 

23 Indian tribe and an affected agency, the head of the af24 fected agency shall have the final authority to resolve the 

25 dispute. 


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

2 the date on which the dispute is resolved under this sec3 tion, the Secretary shall provide the requesting Indian 

4 tribe with— 

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

6 and 

7 ‘‘(2) notice of the right to file an appeal in ac8 cordance with the applicable provisions described in 

9 section 8(d).’’. 

10 SEC. 9. PLAN APPROVAL; SECRETARIAL AUTHORITY; RE11 VIEW OF DECISION. 

12 Section 8 of the Indian Employment, Training and 

13 Related Services Act of 1992 (25 U.S.C. 3407), as amend14 ed by section 2 of this Act, is amended to read as follows: 

15 ‘‘SEC. 8. PLAN APPROVAL; SECRETARIAL AUTHORITY; RE16 VIEW OF DECISION. 

17 ‘‘(a) IN GENERAL.—The Secretary shall have exclu18 sive authority to approve or disapprove a plan submitted 

19 by an Indian tribe in accordance with section 6. 

20 ‘‘(b) APPROVAL PROCESS.— 

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

22 after the date on which the Secretary receives a 

23 plan, the Secretary shall, after coordinating with the 

24 Secretary of each Federal agency providing funds to 


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

2 plan. 

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

4 plan under paragraph (1), the Secretary shall au5 thorize the transfer of program funds identified in 

6 the plan in accordance with section 13. 

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

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

9 the Indian tribe a written notification of disapproval 

10 of the plan that contains a specific finding that 

11 clearly demonstrates, or that is supported by a con12 trolling legal authority, that the plan does not meet 

13 the requirements described in section 6. 

14 ‘‘(4) PARTIAL APPROVAL.— 

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

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

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

18 not been approved (or is subject to dispute res19 olution) under section 7, the Secretary shall, 

20 upon a request from the tribe, grant partial ap21 proval for those portions of the plan not af22 fected by the request for a waiver. 

23 ‘‘(B) APPROVAL AFTER RESOLUTION.— 

24 With respect to a plan described in subpara25 graph (A), on resolution of the request for a 


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1 waiver under section 7, the Secretary shall, on 

2 a request from the tribe, approve the plan or 

3 amended plan not later than 90 days after the 

4 date on which the Secretary receives the re5 quest. 

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

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

8 days of the date on which the Secretary receives the 

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

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

11 other provision of law, the Secretary may extend or other12 wise alter the 90-day period identified in subsection (b)(1) 

13 for not more than 90 additional days, if, before the expira14 tion of the period, the Secretary obtains the express writ15 ten consent of the Indian tribe. 

16 ‘‘(d) REVIEW OF DENIAL.— 

17 ‘‘(1) PROCEDURE UPON REFUSAL TO APPROVE

18 PLAN.—If the Secretary denies a plan under sub19 section (b)(3), the Secretary shall— 

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

21 Indian tribe; 

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

23 to overcome the stated objections; and 

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

25 action under paragraph (2), provide the Indian 


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1 tribe with a hearing on the record with the 

2 right to engage in full discovery relevant to any 

3 issue raised in the matter and the opportunity 

4 for appeal on the objections raised, under such 

5 rules and regulations as the Secretary may pro6 mulgate. 

7 ‘‘(2) CIVIL ACTIONS.— 

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

9 the United States shall have original jurisdic10 tion of a civil action against the appropriate 

11 Secretary arising under this section. 

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

14 bring a civil action under this paragraph with15 out regard to whether the Indian tribe had a 

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

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

18 this paragraph, the court may order appro19 priate relief (including injunctive relief to re20 verse a denial of a plan under this section or 

21 to compel an officer or employee of the United 

22 States, or any agency thereof, to perform a 

23 duty provided under this Act or regulations pro24 mulgated thereunder) against any action by an 

25 officer or employee of the United States or any 


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1 agency thereof contrary to this Act or regula2 tions promulgated thereunder. 

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

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

5 of the Department of the Interior or the Department 

6 of Health and Human Services, as appropriate (col7 lectively referred to in this paragraph as the ‘De8 partment’) that constitutes final agency action and 

9 that relates to an appeal within the Department that 

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

11 made— 

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

13 holds a position at a higher organizational level 

14 within the Department than the level of the de15 partmental agency (such as the Indian Health 

16 Service or the Bureau of Indian Affairs) in 

17 which the decision that is the subject of the ap18 peal was made; or 

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

20 SEC. 10. EMPLOYER TRAINING PLACEMENTS. 

21 Section 10 of the Indian Employment, Training and 

22 Related Services Act of 1992 (25 U.S.C. 3409), as amend23 ed by section 2 of this Act, is amended to read as follows: 


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1 ‘‘SEC. 10. EMPLOYER TRAINING PLACEMENTS. 

2 ‘‘(a) IN GENERAL.—Subject to subsection (b), an In3 dian tribe that has in place an approved plan under this 

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

5 this Act— 

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

7 with employers; and 

8 ‘‘(2) to pay the participants a training allow9 ance or wage for a training period of not more than 

10 24 months, which may be nonconsecutive. 

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

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

13 written agreement with each applicable employer under 

14 which the employer shall agree— 

15 ‘‘(1) to provide on-the-job training to the par16 ticipants; and 

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

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

19 the provision of permanent employment to the par20 ticipants.’’. 

21 SEC. 11. FEDERAL RESPONSIBILITIES. 

22 Section 11 of the Indian Employment, Training and 

23 Related Services Act of 1992 (25 U.S.C. 3410), as amend24 ed by section 2 of this Act, is amended to read as follows: 

25 ‘‘SEC. 11. FEDERAL RESPONSIBILITIES. 

26 ‘‘(a) LEAD AGENCY.— 


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

2 provision of law, the lead agency responsible for im3 plementation of this Act shall be the Bureau of In4 dian Affairs. 

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

6 Director of the Bureau of Indian Affairs in carrying 

7 out this Act shall include— 

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

9 Federal agency overseeing a program identified 

10 in the plan, the development of a single model 

11 report for each Indian tribe that has in place an 

12 approved plan under this Act to submit to the 

13 Director reports on any consolidated activities 

14 undertaken and joint expenditures made under 

15 the plan; 

16 ‘‘(B) the provision, directly or through con17 tract, of appropriate voluntary and technical as18 sistance to participating Indian tribes; 

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

20 monitoring and oversight system for plans ap21 proved under this Act; 

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

23 a plan approved under this Act; and 

24 ‘‘(ii) the distribution of the funds to the re25 spective Indian tribes by not later than 45 days 


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1 after the date of receipt of the funds from the 

2 appropriate Federal department or agency; and 

3 ‘‘(E)(i) the performance of activities de4 scribed in section 7 relating to agency waivers; 

5 and 

6 ‘‘(ii) the establishment of an interagency 

7 dispute resolution process. 

8 ‘‘(3) MEMORANDUM OF AGREEMENT.— 

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

10 after the date of enactment of the Indian Em11 ployment, Training and Related Services Con12 solidation Act of 2017, the Secretary (acting 

13 through the Director of the Bureau of Indian 

14 Affairs), in conjunction with the Secretaries of 

15 Agriculture, Commerce, Education, Energy, 

16 Health and Human Services, Homeland Secu17 rity, Housing and Urban Development, Labor, 

18 Transportation, and Veterans Affairs and the 

19 Attorney General, shall enter into an inter20 departmental memorandum of agreement pro21 viding for the implementation of this Act. 

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

23 agreement under subparagraph (A) shall in24 clude provisions relating to— 


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1 ‘‘(i) an annual meeting of partici2 pating Indian tribes and Federal depart3 ments and agencies, to be co-chaired by— 

4 ‘‘(I) a representative of the Presi5 dent; and 

6 ‘‘(II) a representative of the par7 ticipating Indian tribes; 

8 ‘‘(ii) an annual review of the achieve9 ments under this Act, including the num10 ber and percentage of program partici11 pants in unsubsidized employment during 

12 the second quarter after exit from the pro13 gram, and any statutory, regulatory, ad14 ministrative, or policy obstacles that pre15 vent participating Indian tribes from fully 

16 and efficiently carrying out the purposes of 

17 this Act; and 

18 ‘‘(iii) a forum comprised of partici19 pating Indian tribes and Federal depart20 ments and agencies to identify and resolve 

21 interagency conflicts and conflicts between 

22 the Federal Government and Indian tribes 

23 in the administration of this Act. 

24 ‘‘(b) REPORT FORMAT.— 


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1 ‘‘(1) IN GENERAL.—The lead agency shall de2 velop and distribute to Indian tribes that have in 

3 place an approved plan under this Act a single re4 port format, in accordance with the requirements of 

5 this Act. 

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

7 ensure that the report format developed under para8 graph (1), together with records maintained by each 

9 participating Indian tribe, contains information suf10 ficient— 

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

12 has complied with the requirements of the ap13 proved plan of the Indian tribe; 

14 ‘‘(B) to determine the number and per15 centage of program participants in unsubsidized 

16 employment during the second quarter after 

17 exit from the program; and 

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

19 each applicable Federal department or agency 

20 that the Indian tribe has complied with all di21 rectly applicable statutory and regulatory re22 quirements not waived under section 7. 

23 ‘‘(3) LIMITATION.—The report format devel24 oped under paragraph (1) shall not require a partici25 pating Indian tribe to report on the expenditure of 


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1 funds expressed by fund source or single agency 

2 code transferred to the Indian tribe under an ap3 proved plan under this Act but instead shall require 

4 the Indian tribe to submit a single report on the ex5 penditure of consolidated funds under such plan.’’. 

6 SEC. 12. NO REDUCTION IN AMOUNTS. 

7 Section 12 of the Indian Employment, Training and 

8 Related Services Act of 1992 (25 U.S.C. 3411), as amend9 ed by section 2 of this Act, is amended to read as follows: 

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

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

12 Federal funds available to an Indian tribe that has in 

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

14 result of— 

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

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

17 of an Indian tribe under this Act. 

18 ‘‘(b) INTERACTION WITH OTHER LAWS.—The inclu19 sion of a program in a tribal plan under this Act shall 

20 not— 

21 ‘‘(1) modify, limit, or otherwise affect the eligi22 bility of the program for contracting under the In23 dian Self-Determination and Education Assistance 

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


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

2 of the Indian Self-Determination and Education As3 sistance Act (25 U.S.C. 5304 et seq.), as the provi4 sion relates to a specific program eligible for con5 tracting under that Act.’’. 

6 SEC. 13. TRANSFER OF FUNDS. 

7 Section 13 of the Indian Employment, Training and 

8 Related Services Act of 1992 (25 U.S.C. 3412), as amend9 ed by section 2 of this Act, is amended to read as follows: 

10 ‘‘SEC. 13. TRANSFER OF FUNDS. 

11 ‘‘(a) IN GENERAL.—Notwithstanding any other pro12 vision of law, not later than 30 days after the date of ap13 portionment to the applicable Federal department or agen14 cy, the head of a Federal agency overseeing a program 

15 identified in a plan approved under this Act shall transfer 

16 to the Director of the Bureau of Indian Affairs for dis17 tribution to an Indian tribe any funds identified in the 

18 approved plan of the Indian tribe. 

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

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

21 all program funds transferred to an Indian tribe in accord22 ance with the approved plan of the Indian tribe shall be 

23 transferred to the Indian tribe pursuant to an existing 

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1 ant to title I or IV of the Indian Self-Determination and 

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

3 SEC. 14. ADMINISTRATION OF FUNDS. 

4 Section 14 of the Indian Employment, Training and 

5 Related Services Act of 1992 (25 U.S.C. 3413), as amend6 ed by section 2 of this Act, is amended— 

7 (1) by redesignating subsection (b) as sub8 section (d); 

9 (2) by striking the section designation and 

10 heading and all that follows through subsection (a) 

11 and inserting the following: 

12 ‘‘SEC. 14. ADMINISTRATION OF FUNDS. 

13 ‘‘(a) REQUIREMENTS.— 

14 ‘‘(1) IN GENERAL.— 

15 ‘‘(A) CONSOLIDATION AND REALLOCATION

16 OF FUNDS.—Notwithstanding any other provi17 sion of law, all amounts transferred to a tribe 

18 pursuant to an approved plan may be consoli19 dated, reallocated, and rebudgeted as specified 

20 in the approved plan to best meet the employ21 ment, training, and related needs of the local 

22 community served by the Indian tribe. 

23 ‘‘(B) AUTHORIZED USE OF FUNDS.—The 

24 amounts used to carry out a plan approved 

25 under this Act shall be administered in such 


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1 manner as the Secretary determines to be ap2 propriate to ensure the amounts are spent on 

3 activities authorized under the approved plan. 

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

5 interferes with the ability of the Secretary or 

6 the lead agency to use accounting procedures 

7 that conform to generally accepted accounting 

8 principles, auditing procedures, and safe9 guarding of funds that conform to chapter 75 

10 of title 31, United States Code (commonly 

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

12 ‘‘(2) SEPARATE RECORDS AND AUDITS NOT RE13 QUIRED.—Notwithstanding any other provision of 

14 law (including regulations and circulars of any agen15 cy (including Office of Management and Budget Cir16 cular A–133)), an Indian tribe that has in place an 

17 approved plan under this Act shall not be required— 

18 ‘‘(A) to maintain separate records that 

19 trace any service or activity conducted under 

20 the approved plan to the program for which the 

21 funds were initially authorized or transferred; 

22 ‘‘(B) to allocate expenditures among such 

23 a program; or 

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

25 source of the program. 


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1 ‘‘(b) CARRYOVER.— 

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

3 an Indian tribe under this Act that are not obligated 

4 or expended prior to the beginning of the fiscal year 

5 after the fiscal year for which the funds were appro6 priated shall remain available for obligation or ex7 penditure without fiscal year limitation, subject to 

8 the condition that the funds shall be obligated or ex9 pended in accordance with the approved plan of the 

10 Indian tribe. 

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

12 Indian tribe shall not be required to provide any ad13 ditional justification or documentation of the pur14 poses of the approved plan as a condition of receiv15 ing or expending the funds. 

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

17 provision of law, an Indian tribe shall be entitled to re18 cover 100 percent of any indirect costs incurred by the 

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

20 Indian tribe under this Act.’’; and 

21 (3) in subsection (d) (as redesignated by para22 graph (1))— 

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

24 inserting the following: 

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


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

2 follows through the end of the subsection and 

3 inserting the following: ‘‘regulations). 

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

5 difference between the amount of the commingled 

6 funds and the actual administrative cost of the pro7 grams, as described in paragraph (1), shall be con8 sidered to be properly spent for Federal audit pur9 poses if the amount is used to achieve the purposes 

10 of this Act. 

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

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

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

14 purposes of meeting matching requirements under any 

15 other Federal law, except those administered by the De16 partment of Labor or the Department of Health and 

17 Human Services. 

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

19 apply to plans approved under this Act: 

20 ‘‘(1) Section 314 of the Department of the In21 terior and Related Agencies Appropriations Act, 

22 1991 (Public Law 101–512; 104 Stat. 1959). 

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

24 as the ‘Federal Tort Claims Act’). 

25 ‘‘(g) INTEREST OR OTHER INCOME.— 


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

2 entitled to retain interest earned on any funds trans3 ferred to the tribe under an approved plan and such 

4 interest shall not diminish the amount of funds the 

5 Indian tribe is authorized to receive under the plan 

6 in the year the interest is earned or in any subse7 quent fiscal year. 

8 ‘‘(2) PRUDENT INVESTMENT.—Funds trans9 ferred under a plan shall be managed in accordance 

10 with the prudent investment standard.’’. 

11 SEC. 15. LABOR MARKET INFORMATION ON INDIAN WORK 

12 FORCE. 

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

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

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

16 first sentence— 

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

18 follows through ‘‘manner,’’ and inserting ‘‘The Sec19 retary of Labor, in consultation with the Secretary, 

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

21 Census, shall’’; and 

22 (2) by striking ‘‘, by gender,’’. 

23 SEC. 16. REPEALS; CONFORMING AMENDMENTS. 

24 (a) REPEALS.—Sections 15 and 16 of the Indian Em25 ployment, Training and Related Services Act of 1992 (25 


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

2 are repealed. 

3 (b) CONFORMING AMENDMENTS.—Sections 17 and 

4 18 of the Indian Employment, Training and Related Serv5 ices Act of 1992 (25 U.S.C. 3416, 3417) (as amended by 

6 this Act) are redesignated as sections 15 and 16, respec7 tively. 

8 SEC. 17. EFFECT OF ACT. 

9 Nothing in this Act or any amendment made by this 

10 Act— 

11 (1) affects any plan approved under the Indian 

12 Employment, Training and Related Services Act of 

13 1992 (25 U.S.C. 3401 et seq.), as amended by sec14 tion 2 of this Act, before the date of enactment of 

15 this Act; 

16 (2) requires any Indian tribe or tribal organiza17 tion to resubmit a plan described in paragraph (1); 

18 or 

19 (3) modifies the effective period of any plan de20 scribed in paragraph (1). 

Æ 


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