IB 
Union Calendar No. 662 
114TH CONGRESS 
2D SESSION 
H. R. 329 
[Report No. 114–828, Part I] 
To amend the Indian Employment, Training and Related Services Demonstra-
tion Act of 1992 to facilitate the ability of Indian tribes to integrate 
the employment, training, and related services from diverse Federal 
sources, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 13, 2015 
Mr. YOUNG of Alaska introduced the following bill; which was referred to the 
Committee on Natural Resources 
NOVEMBER 16, 2016 
Reported with an amendment and referred to the Committee on Education 
and the Workforce and the Committee on Ways and Means for a period 
ending not later than December 8, 2016, for consideration of such provi-
sions of the bill and amendment as fall within the jurisdictions of those 
committees pursuant to clause 1(e) and clause 1(t) of rule X, respectively 
[Strike out all after the enacting clause and insert the part printed in italic] 
DECEMBER 7, 2016 
Additional sponsors: Mr. COLE, Mr. RUSSELL, Mr. MULLIN, and Mr. KILMER 
DECEMBER 7, 2016 
The Committees on Education and the Workforce and Ways and Means dis-
charged; committed to the Committee of the Whole House on the State 
of the Union and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on January 13, 2015] 
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A BILL 
To amend the Indian Employment, Training and Related 
Services Demonstration Act of 1992 to facilitate the 
ability of Indian tribes to integrate the employment, 
training, and related services from diverse Federal 
sources, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives 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 2016’’. 
SEC. 2. AMENDMENT OF SHORT TITLE. 
(a) IN GENERAL.—Section 1 of the Indian Employ-
ment, 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 ‘‘In-
dian Employment, Training and Related Services Dem-
onstration 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 
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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 administra-
tive, 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.— 
‘‘(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. 450b). 
‘‘(B) INCLUSION.—The term ‘Indian tribe’ 
includes tribal organizations (as defined in sec-
tion 4 of the Indian Self-Determination and 
Education Assistance Act (25 U.S.C. 450b)).’’; 
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(2) by redesignating paragraph (4) as para-
graph (5); and 
(3) by inserting after paragraph (3) the fol-
lowing: 
‘‘(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; and 
‘‘(2) coordinate the employment, training, and 
related services provided with those funds in a con-
solidated 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.— 
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‘‘(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 employ-
ment opportunities; 
‘‘(iv) higher education; 
‘‘(v) skill development; 
‘‘(vi) assisting Indian youth and 
adults to succeed in the workforce; 
‘‘(vii) encouraging self-sufficiency; 
‘‘(viii) familiarizing individual par-
ticipants with the world of work; 
‘‘(ix) facilitating the creation of job op-
portunities; 
‘‘(x) economic development; or 
‘‘(xi) any services related to the activi-
ties described in clauses (i) through (x); and 
‘‘(B) under which an Indian tribe or mem-
bers of an Indian tribe— 
‘‘(i) are eligible to receive funds— 
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‘‘(I) under a statutory or admin-
istrative formula making funds avail-
able to an Indian tribe; or 
‘‘(II) due to their status as Indi-
ans under Federal law; or 
‘‘(ii) have secured funds as a result of 
a competitive process, 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 eli-
gible 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 Sec-
retary 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 organi-
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zation, 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 com-
prehensive 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 opportu-
nities 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; 
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‘‘(C) the way in which services and pro-
gram funds are to be integrated, consolidated, 
and delivered; and 
‘‘(D) the results expected 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, regula-
tions, policies, or procedures that the Indian tribe be-
lieves need to be waived to implement the plan; and 
‘‘(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 
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‘‘(2) the Indian tribe that submitted the plan. 
‘‘(b) IDENTIFICATION OF WAIVERS.—The parties iden-
tified in subsection (a) shall identify any waivers of appli-
cable statutory, regulatory, or administrative requirements, 
or of Federal agency policies or procedures necessary to en-
able 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 proce-
dure identified subsection (b). 
‘‘(d) WAIVER AUTHORITY.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), notwithstanding any other provision of 
law, the head of each affected Federal agency shall 
waive any applicable statutory, regulatory, or admin-
istrative 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 Fed-
eral 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 
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‘‘(B) the provision of law from which the 
program included in the plan derives its author-
ity 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 re-
quest, 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 re-
questing 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 grant-
ed. 
‘‘(f) SECRETARIAL REVIEW.—If the head of an affected 
agency denies a waiver request under subsection (e)(2), not 
later than 30 days after the date on which the request is 
denied, the Secretary shall review the denial and determine 
whether granting the waiver— 
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‘‘(1) will be inconsistent with the provisions of 
this Act; or 
‘‘(2) will prevent the affected agency from ful-
filling 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 af-
fected agency from fulfilling the obligations of the af-
fected agency under this Act, the Secretary shall es-
tablish 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. 
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ize 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 clear-
ly demonstrates, or that is supported by a controlling 
legal authority, that the plan does not meet the re-
quirements described in section 6. 
‘‘(4) PARTIAL APPROVAL.— 
‘‘(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 reso-
lution) 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. 
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‘‘(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 other-
wise alter the 90-day period identified in subsection (b)(1) 
for not more than 90 additional days, if, before the expira-
tion 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 sub-
section (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 ap-
peal on the objections raised, under such rules 
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and regulations as the Secretary may promul-
gate. 
‘‘(2) CIVIL ACTIONS; CONCURRENT JURISDICTION; 
RELIEF.— 
‘‘(A) IN GENERAL.—The district courts of 
the United States shall have original jurisdiction 
of a civil action or claim against the appro-
priate Secretary arising under this section and 
over any civil action or claim against the Sec-
retary for money damages arising under con-
tracts authorized by this section. 
‘‘(B) ADMINISTRATIVE
HEARING
AND
AP-
PEAL
NOT
REQUIRED.—An Indian tribe may 
bring a civil action or claim under this para-
graph without regard to whether the Indian tribe 
had a hearing or filed an appeal under para-
graph (1). 
‘‘(C) RELIEF.—In an action brought under 
this paragraph, the court may order appropriate 
relief, including— 
‘‘(i) money damages; 
‘‘(ii) injunctive relief against any ac-
tion by an officer or employee of the United 
States or any agency thereof contrary to 
this Act or regulations promulgated there-
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under (including immediate injunctive re-
lief to reverse a denial of a plan under this 
section or to compel the Secretary to ap-
prove a plan); and 
‘‘(iii) a writ of mandamus to compel 
an officer or employee of the United States, 
or any agency thereof, to perform a duty 
provided under this Act or regulations pro-
mulgated hereunder. 
‘‘(3) BURDEN OF PROOF AT HEARING OR APPEAL 
DECLINING CONTRACT; FINAL AGENCY ACTION.— 
‘‘(A) IN
GENERAL.—With respect to any 
hearing or appeal conducted under paragraph 
(1)(C) or any civil action brought under para-
graph (2), the Secretary shall have the burden of 
proving by clear and convincing evidence the va-
lidity of the grounds for denying approval of a 
plan (or portion thereof). 
‘‘(B) 
AGENCY
ACTION.—Notwithstanding 
any other provision of law, a decision by an offi-
cial of the Department of the Interior or the De-
partment of Health and Human Services, as ap-
propriate (collectively referred to in this para-
graph as the ‘Department’) that constitutes final 
agency action and that relates to an appeal 
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within the Department that is conducted under 
paragraph (1)(C) shall be made— 
‘‘(i) by an official of the Department 
who holds a position at a higher organiza-
tional 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 
‘‘(ii) by an administrative judge. 
‘‘(4) APPLICATION OF LAWS TO ADMINISTRATIVE 
APPEALS.—Section 504 of title 5, United States Code, 
and section 2412 of title 28, United States Code, shall 
apply to any administrative appeals pending on or 
filed after October 5, 1988, by an Indian tribe regard-
ing a plan under this Act.’’. 
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 In-
dian tribe that has in place an approved plan under this 
Act may use the funds made available for the plan under 
this Act— 
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‘‘(1) to place participants in training positions 
with employers; and 
‘‘(2) to pay the participants a training allow-
ance 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 partici-
pants; and 
‘‘(2) on satisfactory completion of the training 
period described in subsection (a)(2), to prioritize the 
provision of permanent employment to the partici-
pants.’’. 
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 im-
plementation of this Act shall be the Bureau of In-
dian Affairs. 
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‘‘(2) INCLUSIONS.—The responsibilities of the 
Director of the Bureau of Indian Affairs in carrying 
out this Act shall include— 
‘‘(A) the development of a single model re-
port 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 con-
tract, of appropriate voluntary and technical as-
sistance to participating Indian tribes; 
‘‘(C) the development and use of a single 
monitoring and oversight system for plans ap-
proved under this Act; 
‘‘(D)(i) the receipt of all funds covered by a 
plan approved under this Act; and 
‘‘(ii) the distribution of the funds to the re-
spective Indian tribes by not later than 45 days 
after the date of receipt of the funds from the ap-
propriate Federal department or agency; and 
‘‘(E)(i) the performance of activities de-
scribed in section 7 relating to agency waivers; 
and 
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‘‘(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 Em-
ployment, Training and Related Services Con-
solidation Act of 2016, the Secretary (acting 
through the Director of the Bureau of Indian Af-
fairs), in conjunction with the Secretaries of Ag-
riculture, Commerce, Education, Energy, Health 
and Human Services, Homeland Security, Hous-
ing and Urban Development, Labor, Transpor-
tation, and Veterans Affairs and the Attorney 
General, shall enter into an interdepartmental 
memorandum of agreement providing for the im-
plementation of this Act. 
‘‘(B) INCLUSIONS.—The memorandum of 
agreement under subparagraph (A) shall include 
provisions relating to— 
‘‘(i) an annual meeting of partici-
pating Indian tribes and Federal depart-
ments and agencies, to be co-chaired by— 
‘‘(I) a representative of the Presi-
dent; and 
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‘‘(II) a representative of the par-
ticipating Indian tribes; 
‘‘(ii) an annual review of the achieve-
ments under this Act and any statutory, 
regulatory, administrative, or policy obsta-
cles that prevent participating Indian tribes 
from fully and efficiently carrying out the 
purposes of this Act; and 
‘‘(iii) a forum comprised of partici-
pating Indian tribes and Federal depart-
ments 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 de-
velop 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 en-
sure that the report format developed under para-
graph (1), together with records maintained by each 
participating Indian tribe, contains information suf-
ficient— 
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‘‘(A) to determine whether the Indian tribe 
has complied with the requirements of the ap-
proved plan of the Indian tribe; and 
‘‘(B) to provide assurances to the head of 
each applicable Federal department or agency 
that the Indian tribe has complied with all di-
rectly applicable statutory and regulatory re-
quirements 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 (ex-
pressed by fund source or single agency code) trans-
ferred to the Indian tribe under an approved plan 
under this Act.’’. 
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 
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‘‘(2) the approval or implementation of a plan 
of an Indian tribe under this Act. 
‘‘(b) INTERACTION WITH OTHER LAWS.—The inclu-
sion of a program in a tribal plan under this Act shall 
not— 
‘‘(1) modify, limit, or otherwise affect the eligi-
bility of the program for contracting under the In-
dian Self-Determination and Education Assistance 
Act (25 U.S.C. 450 et seq.); or 
‘‘(2) eliminate the applicability of any provision 
of the Indian Self-Determination and Education As-
sistance Act (25 U.S.C. 450 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 provi-
sion of law, not later than 30 days after the date of appor-
tionment to the applicable Federal department or agency, 
the head of a Federal agency overseeing a program identi-
fied in a plan approved under this Act shall transfer to 
the Director of the Bureau of Indian Affairs for distribution 
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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 accord-
ance with the approved plan of the Indian tribe shall be 
transferred to the Indian tribe pursuant to an existing con-
tract, compact, or funding agreement awarded pursuant to 
title I or IV of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450 et seq.).’’. 
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 head-
ing 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 provi-
sion of law, all amounts transferred to a tribe 
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pursuant to an approved plan may be consoli-
dated, reallocated, and rebudgeted as specified in 
the approved plan to best meet the employment, 
training, and related needs of the local commu-
nity 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 appro-
priate to ensure the amounts are spent on activi-
ties 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 prin-
ciples, 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 RE-
QUIRED.—Notwithstanding any other provision of 
law (including regulations and circulars of any agen-
cy (including Office of Management and Budget Cir-
cular A–133)), an Indian tribe that has in place an 
approved plan under this Act shall not be required— 
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‘‘(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 appro-
priated shall remain available for obligation or ex-
penditure without fiscal year limitation, subject to the 
condition that the funds shall be obligated or ex-
pended in accordance with the approved plan of the 
Indian tribe. 
‘‘(2) NO ADDITIONAL DOCUMENTATION.—The In-
dian tribe shall not be required to provide any addi-
tional justification or documentation of the purposes 
of the approved plan as a condition of receiving or 
expending the funds. 
‘‘(c) INDIRECT COSTS.—Notwithstanding any other 
provision of law, an Indian tribe shall be entitled to recover 
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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 para-
graph (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 in-
serting the following: ‘‘regulations). 
‘‘(2) TREATMENT.—The amount equal to the dif-
ference 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. 
‘‘(f) CLAIMS.—The following provisions of law shall 
apply to plans approved under this Act: 
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‘‘(1) Section 314 of the Department of the Inte-
rior 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 en-
titled to retain interest earned on any funds trans-
ferred 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 subse-
quent 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 fol-
lows through ‘‘manner,’’ and inserting ‘‘The Secretary 
of Labor, in consultation with the Secretary, Indian 
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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 Em-
ployment, 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 (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) be-
fore the date of enactment of this Act; 
(2) requires any Indian tribe or tribal organiza-
tion to resubmit a plan described in paragraph (1); 
or 
(3) modifies the effective period of any plan de-
scribed in paragraph (1). 
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