agency thereof contrary to this Act or regula-
tions promulgated thereunder. 
‘‘(3) FINAL AGENCY ACTION.—Notwithstanding 
any other provision of law, a decision by an official 
of the Department of the Interior or the Department 
of Health and Human Services, as appropriate (col-
lectively referred to in this paragraph as the ‘De-
partment’) that constitutes final agency action and 
that relates to an appeal within the Department that 
is conducted under paragraph (1)(C) shall be 
made— 
‘‘(A) by an official of the Department who 
holds a position at a higher organizational level 
within the Department than the level of the de-
partmental agency (such as the Indian Health 
Service or the Bureau of Indian Affairs) in 
which the decision that is the subject of the ap-
peal was made; or 
‘‘(B) by an administrative law judge.’’. 
SEC. 10. EMPLOYER TRAINING PLACEMENTS. 
Section 10 of the Indian Employment, Training and 
Related Services Act of 1992 (25 U.S.C. 3409), as amend-
ed by section 2 of this Act, is amended to read as follows: 
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‘‘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— 
‘‘(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 par-
ticipants; and 
‘‘(2) on satisfactory completion of the training 
period described in subsection (a)(2), to prioritize 
the provision of permanent employment to the par-
ticipants.’’. 
SEC. 11. FEDERAL RESPONSIBILITIES. 
Section 11 of the Indian Employment, Training and 
Related Services Act of 1992 (25 U.S.C. 3410), as amend-
ed by section 2 of this Act, is amended to read as follows: 
‘‘SEC. 11. FEDERAL RESPONSIBILITIES. 
‘‘(a) LEAD AGENCY.— 
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‘‘(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. 
‘‘(2) INCLUSIONS.—The responsibilities of the 
Director of the Bureau of Indian Affairs in carrying 
out this Act shall include— 
‘‘(A) in coordination with the head of each 
Federal agency overseeing a program identified 
in the plan, the development of a single model 
report for each Indian tribe that has in place an 
approved plan under this Act to submit to the 
Director reports on any consolidated activities 
undertaken and joint expenditures made under 
the plan; 
‘‘(B) the provision, directly or through 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 
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after the date of receipt of the funds from the 
appropriate Federal department or agency; and 
‘‘(E)(i) the performance of activities de-
scribed in section 7 relating to agency waivers; 
and 
‘‘(ii) the establishment of an interagency 
dispute resolution process. 
‘‘(3) MEMORANDUM OF AGREEMENT.— 
‘‘(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of the Indian Em-
ployment, Training and Related Services Con-
solidation Act of 2017, the Secretary (acting 
through the Director of the Bureau of Indian 
Affairs), in conjunction with the Secretaries of 
Agriculture, Commerce, Education, Energy, 
Health and Human Services, Homeland Secu-
rity, Housing and Urban Development, Labor, 
Transportation, and Veterans Affairs and the 
Attorney General, shall enter into an inter-
departmental memorandum of agreement pro-
viding for the implementation of this Act. 
‘‘(B) INCLUSIONS.—The memorandum of 
agreement under subparagraph (A) shall in-
clude provisions relating to— 
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‘‘(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 
‘‘(II) a representative of the par-
ticipating Indian tribes; 
‘‘(ii) an annual review of the achieve-
ments under this Act, including the num-
ber and percentage of program partici-
pants in unsubsidized employment during 
the second quarter after exit from the pro-
gram, and any statutory, regulatory, ad-
ministrative, or policy obstacles that pre-
vent 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.— 
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‘‘(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 re-
port format, in accordance with the requirements of 
this Act. 
‘‘(2) REQUIREMENTS.—The lead agency shall 
ensure that the report format developed under para-
graph (1), together with records maintained by each 
participating Indian tribe, contains information suf-
ficient— 
‘‘(A) to determine whether the Indian tribe 
has complied with the requirements of the ap-
proved plan of the Indian tribe; 
‘‘(B) to determine the number and per-
centage of program participants in unsubsidized 
employment during the second quarter after 
exit from the program; and 
‘‘(C) to provide assurances to the head of 
each applicable Federal department or agency 
that the Indian tribe has complied with all di-
rectly applicable statutory and regulatory re-
quirements not waived under section 7. 
‘‘(3) LIMITATION.—The report format devel-
oped under paragraph (1) shall not require a partici-
pating Indian tribe to report on the expenditure of 
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funds expressed by fund source or single agency 
code transferred to the Indian tribe under an ap-
proved plan under this Act but instead shall require 
the Indian tribe to submit a single report on the ex-
penditure of consolidated funds under such plan.’’. 
SEC. 12. NO REDUCTION IN AMOUNTS. 
Section 12 of the Indian Employment, Training and 
Related Services Act of 1992 (25 U.S.C. 3411), as amend-
ed by section 2 of this Act, is amended to read as follows: 
‘‘SEC. 12. NO REDUCTION IN AMOUNTS. 
‘‘(a) IN GENERAL.—In no case shall the amount of 
Federal funds available to an Indian tribe that has in 
place an approved plan under this Act be reduced as a 
result of— 
‘‘(1) the enactment of this Act; or 
‘‘(2) the approval or implementation of a plan 
of an Indian tribe under this Act. 
‘‘(b) INTERACTION WITH OTHER LAWS.—The 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 
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‘‘(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 provi-
sion relates to a specific program eligible for con-
tracting 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 amend-
ed by section 2 of this Act, is amended to read as follows: 
‘‘SEC. 13. TRANSFER OF FUNDS. 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of law, not later than 30 days after the date of ap-
portionment to the applicable Federal department or agen-
cy, the head of a Federal agency overseeing a program 
identified in a plan approved under this Act shall transfer 
to the Director of the Bureau of Indian Affairs for dis-
tribution 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 
contract, compact, or funding agreement awarded pursu-
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ant to title I or IV of the Indian Self-Determination and 
Education 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 amend-
ed by section 2 of this Act, is amended— 
(1) by redesignating subsection (b) as sub-
section (d); 
(2) by striking the section designation and 
heading and all that follows through subsection (a) 
and inserting the following: 
‘‘SEC. 14. ADMINISTRATION OF FUNDS. 
‘‘(a) REQUIREMENTS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) CONSOLIDATION AND REALLOCATION 
OF FUNDS.—Notwithstanding any other provi-
sion of law, all amounts transferred to a tribe 
pursuant to an approved plan may be consoli-
dated, reallocated, and rebudgeted as specified 
in the approved plan to best meet the employ-
ment, training, and related needs of the local 
community served by the Indian tribe. 
‘‘(B) AUTHORIZED USE OF FUNDS.—The 
amounts used to carry out a plan approved 
under this Act shall be administered in such 
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manner as the Secretary determines to be ap-
propriate to ensure the amounts are spent on 
activities authorized under the approved plan. 
‘‘(C) EFFECT.—Nothing in this section 
interferes with the ability of the Secretary or 
the lead agency to use accounting procedures 
that conform to generally accepted accounting 
principles, 
auditing 
procedures, 
and 
safe-
guarding 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— 
‘‘(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. 
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‘‘(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 
Indian tribe shall not be required to provide any ad-
ditional justification or documentation of the pur-
poses of the approved plan as a condition of receiv-
ing or expending the funds. 
‘‘(c) INDIRECT COSTS.—Notwithstanding any other 
provision of law, an Indian tribe shall be entitled to re-
cover 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 
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(B) by striking ‘‘regulations)’’ and all that 
follows through the end of the subsection and 
inserting the following: ‘‘regulations). 
‘‘(2) TREATMENT.—The amount equal to the 
difference between the amount of the commingled 
funds and the actual administrative cost of the pro-
grams, as described in paragraph (1), shall be con-
sidered to be properly spent for Federal audit pur-
poses if the amount is used to achieve the purposes 
of this Act. 
‘‘(e) MATCHING FUNDS.—Notwithstanding any other 
provision of law, any funds transferred to an Indian tribe 
under this Act shall be treated as non-Federal funds for 
purposes of meeting matching requirements under any 
other Federal law, except those administered by the De-
partment of Labor or the Department of Health and 
Human Services. 
‘‘(f) CLAIMS.—The following provisions of law shall 
apply to plans approved under this Act: 
‘‘(1) Section 314 of the Department of the In-
terior 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.— 
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‘‘(1) IN GENERAL.—An Indian tribe shall be 
entitled 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 trans-
ferred under a plan shall be managed in accordance 
with the prudent investment standard.’’. 
SEC. 15. LABOR MARKET INFORMATION ON INDIAN WORK 
FORCE. 
Section 17(a) of the Indian Employment, Training 
and Related Services Act of 1992 (25 U.S.C. 3416(a)), 
as amended by section 2 of this Act, is amended in the 
first sentence— 
(1) by striking ‘‘The Secretary’’ and all that 
follows through ‘‘manner,’’ and inserting ‘‘The Sec-
retary of Labor, in consultation with the Secretary, 
Indian tribes, and the Director of the Bureau of the 
Census, shall’’; and 
(2) by striking ‘‘, by gender,’’. 
SEC. 16. REPEALS; CONFORMING AMENDMENTS. 
(a) REPEALS.—Sections 15 and 16 of the Indian Em-
ployment, Training and Related Services Act of 1992 (25 
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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 Serv-
ices Act of 1992 (25 U.S.C. 3416, 3417) (as amended by 
this Act) are redesignated as sections 15 and 16, respec-
tively. 
SEC. 17. EFFECT OF ACT. 
Nothing in this Act or any amendment made by this 
Act— 
(1) affects any plan approved under the Indian 
Employment, Training and Related Services Act of 
1992 (25 U.S.C. 3401 et seq.) (as so redesignated) 
before the date of enactment of this Act; 
(2) requires any Indian tribe or tribal organiza-
tion to resubmit a plan described in paragraph (1); 
or 
(3) modifies the effective period of any plan de-
scribed in paragraph (1). 
Æ 
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