[115th Congress Public Law 93]
[From the U.S. Government Publishing Office]
[[Page 2025]]
INDIAN EMPLOYMENT, TRAINING AND
RELATED SERVICES CONSOLIDATION
ACT OF 2017
[[Page 131 STAT. 2026]]
Public Law 115-93
115th Congress
An Act
To amend the Indian Employment, Training and Related Services
Demonstration Act of 1992 to facilitate the ability of Indian tribes to
integrate the employment, training, and related services from diverse
Federal sources, and for other purposes. <<NOTE: Dec. 18, 2017 - [H.R.
228]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Indian
Employment, Training and Related Services Consolidation Act of 2017.>>
SECTION 1. <<NOTE: 25 USC 3401 note.>> SHORT TITLE.
This Act may be cited as the ``Indian Employment, Training and
Related Services Consolidation Act of 2017''.
SEC. 2. AMENDMENT OF SHORT TITLE.
(a) In General.--Section 1 of the Indian Employment, Training and
Related Services Demonstration Act of 1992 (25 U.S.C. 3401 note; 106
Stat. 2302) is amended to read as follows:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Indian Employment, Training and
Related Services Act of 1992'.''.
(b) <<NOTE: 25 USC 3401 note.>> References.--Any reference in law
to the ``Indian Employment, Training and Related Services Demonstration
Act of 1992'' shall be deemed to be a reference to the ``Indian
Employment, Training and Related Services Act of 1992''.
SEC. 3. STATEMENT OF PURPOSE.
Section 2 of the Indian Employment, Training and Related Services
Act of 1992 (25 U.S.C. 3401), as amended by section 2 of this Act, is
amended--
(1) by striking ``The purposes of this Act are to
demonstrate how Indian tribal governments can'' and inserting
``The purpose of this Act is to facilitate the ability of Indian
tribes and tribal organizations to'';
(2) by inserting ``from diverse Federal sources'' after
``they provide'';
(3) by striking ``and serve tribally-determined'' and
inserting ``, and serve tribally determined''; and
(4) by inserting ``, while reducing administrative,
reporting, and accounting costs'' after ``policy of self-
determination''.
SEC. 4. DEFINITIONS.
Section 3 of the Indian Employment, Training and Related Services
Act of 1992 (25 U.S.C. 3402), as amended by section 2 of this Act, is
amended--
(1) by striking paragraph (2) and inserting the following:
``(2) Indian tribe.--
[[Page 131 STAT. 2027]]
``(A) In general.--The terms `Indian tribe' and
`tribe' have the meaning given the term `Indian tribe'
in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
``(B) Inclusion.--The term `Indian tribe' includes
tribal organizations (as defined in section 4 of the
Indian Self-Determination and Education Assistance Act
(25 U.S.C. 5304)).'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) Program.--The term `program' means a program described
in section 5(a).''.
SEC. 5. INTEGRATION OF SERVICES AUTHORIZED.
Section 4 of the Indian Employment, Training and Related Services
Act of 1992 (25 U.S.C. 3403), as amended by section 2 of this Act, is
amended to read as follows:
``SEC. 4. INTEGRATION OF SERVICES AUTHORIZED.
``The Secretary shall, after approving a plan submitted by an Indian
tribe in accordance with section 8, authorize the Indian tribe to, in
accordance with the plan--
``(1) integrate the programs and Federal funds received by
the Indian tribe in accordance with waiver authority granted
under section 7(d); and
``(2) <<NOTE: Coordination.>> coordinate the employment,
training, and related services provided with those funds in a
consolidated and comprehensive tribal plan.''.
SEC. 6. PROGRAMS AFFECTED AND TRANSFER OF FUNDS.
Section 5 of the Indian Employment, Training and Related Services
Act of 1992 (25 U.S.C. 3404), as amended by section 2 of this Act, is
amended to read as follows:
``SEC. 5. PROGRAMS AFFECTED.
``(a) Programs Affected.--
``(1) In general.--The programs that may be integrated
pursuant to a plan approved under section 8 shall be only
programs--
``(A) implemented for the purpose of--
``(i) job training;
``(ii) welfare to work and tribal work
experience;
``(iii) creating or enhancing employment
opportunities;
``(iv) skill development;
``(v) assisting Indian youth and adults to
succeed in the workforce;
``(vi) encouraging self-sufficiency;
``(vii) familiarizing individual participants
with the world of work;
``(viii) facilitating the creation of job
opportunities;
``(ix) economic development; or
``(x) any services related to the activities
described in clauses (i) through (x); and
``(B) under which an Indian tribe or members of an
Indian tribe--
``(i) are eligible to receive funds--
[[Page 131 STAT. 2028]]
``(I) under a statutory or
administrative formula making funds
available to an Indian tribe; or
``(II) based solely or in part on
their status as Indians under Federal
law; or
``(ii) have secured funds as a result of a
noncompetitive process or a specific designation.
``(2) Treatment of block grant funds.--For purposes of this
section, programs funded by block grant funds provided to an
Indian tribe, regardless of whether the block grant is for the
benefit of the Indian tribe because of the status of the Indian
tribe or the status of the beneficiaries the grant serves, shall
be eligible to be integrated into the plan.
``(b) <<NOTE: Coordination.>> Program Authorization.--The Secretary
shall, in cooperation with the Attorney General, the Secretary of
Agriculture, the Secretary of Commerce, the Secretary of Education, the
Secretary of Energy, the Secretary of Health and Human Services, the
Secretary of Homeland Security, the Secretary of Housing and Urban
Development, the Secretary of Labor, the Secretary of Transportation,
and the Secretary of Veterans Affairs, after the Secretary approves a
plan submitted by an Indian tribe or tribal organization under section
8, authorize the Indian tribe or tribal organization, as applicable, to
coordinate, in accordance with the plan, federally funded employment,
training, and related services programs and funding in a manner that
integrates the programs and funding into a consolidated and
comprehensive program.''.
SEC. 7. PLAN REQUIREMENTS.
Section 6 of the Indian Employment, Training and Related Services
Act of 1992 (25 U.S.C. 3405), as amended by section 2 of this Act, is
amended to read as follows:
``SEC. 6. PLAN REQUIREMENTS.
``A plan submitted to the Secretary for approval under this Act
shall--
``(1) identify the programs to be integrated and
consolidated;
``(2) be consistent with the purposes of this Act;
``(3) describe--
``(A) a comprehensive strategy identifying the full
range of potential employment opportunities on and near
the service area of the Indian tribe;
``(B) the education, training, and related services
to be provided to assist Indians to access those
employment opportunities;
``(C) the way in which services and program funds
are to be integrated, consolidated, and delivered; and
``(D) the results expected, including the expected
number of program participants in unsubsidized
employment during the second quarter after exit from the
program, from the plan;
``(4) identify the projected expenditures under the plan in
a single budget covering all consolidated funds;
``(5) identify any agency of the Indian tribe to be involved
in the delivery of the services integrated under the plan;
``(6) identify any statutory provisions, regulations,
policies, or procedures that the Indian tribe believes need to
be waived to implement the plan; and
[[Page 131 STAT. 2029]]
``(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) <<NOTE: Consultation.>> In General.--Upon receipt of a plan
from an Indian tribe, the Secretary shall consult with--
``(1) the head of each Federal agency overseeing a program
identified in the plan; and
``(2) the Indian tribe that submitted the plan.
``(b) Identification of Waivers.--The parties identified in
subsection (a) shall identify any waivers of applicable statutory,
regulatory, or administrative requirements, or of Federal agency
policies or procedures necessary to enable the Indian tribe to
efficiently implement the plan.
``(c) <<NOTE: Consultation.>> Tribal Waiver Request.--In
consultation with the Secretary, a participating Indian tribe may
request that the head of each affected agency waive any statutory,
regulatory, or administrative requirement, policy, or procedure
identified subsection (b).
``(d) Waiver Authority.--
``(1) In general.--Except as provided in paragraph (2),
notwithstanding any other provision of law, the head of each
affected Federal agency shall waive any applicable statutory,
regulatory, or administrative requirement, regulation, policy,
or procedure promulgated by the agency that has been identified
by the parties under subparagraph (b).
``(2) <<NOTE: Determination.>> Exception.--The head of an
affected Federal agency shall not grant a waiver under paragraph
(1) if the head of the affected agency determines that a waiver
will be inconsistent with--
``(A) the purposes of this Act; or
``(B) the provision of law from which the program
included in the plan derives its authority that is
specifically applicable to Indians.
``(e) <<NOTE: Deadlines.>> Decision on Waiver Request.--
``(1) In general.--Not later than 90 days after the head of
an affected agency receives a waiver request, the head of the
affected agency shall decide whether to grant or deny the
request.
``(2) <<NOTE: Notice.>> Denial of request.--If the head of
the affected agency denies a waiver request, not later than 30
days after the date on which the denial is made, the head of the
affected agency shall provide the requesting Indian tribe and
the Secretary with written notice of the denial and the reasons
for the denial.
``(3) Failure to act on request.--If the head of an affected
agency does not make a decision under paragraph (1) by the
deadline identified in that paragraph, the request shall be
considered to be granted.
``(f) <<NOTE: Deadline. Determination.>> 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--
[[Page 131 STAT. 2030]]
``(1) will be inconsistent with the provisions of this Act;
or
``(2) will prevent the affected agency from fulfilling the
obligations of the affected agency under this Act.
``(g) <<NOTE: Deadlines.>> Interagency Dispute Resolution.--
``(1) In general.--Not later than 30 days after the date on
which the Secretary determines that granting the waiver will not
be inconsistent with the provisions of this Act and will not
prevent the affected agency from fulfilling the obligations of
the affected agency under this Act, the Secretary shall
establish and initiate an interagency dispute resolution process
involving--
``(A) the Secretary;
``(B) the participating Indian tribe; and
``(C) the head of the affected agency.
``(2) Duration.--A dispute subject to paragraph (1) shall be
resolved not later than 30 days after the date on which the
process is initiated.
``(h) Final Authority.--If the dispute resolution process fails to
resolve the dispute between a participating Indian tribe and an affected
agency, the head of the affected agency shall have the final authority
to resolve the dispute.
``(i) <<NOTE: Deadline.>> Final Decision.--Not later than 10 days
after the date on which the dispute is resolved under this section, the
Secretary shall provide the requesting Indian tribe with--
``(1) the final decision on the waiver request; and
``(2) <<NOTE: Notice.>> notice of the right to file an
appeal in accordance with the applicable provisions described in
section 8(d).''.
SEC. 9. PLAN APPROVAL; SECRETARIAL AUTHORITY; REVIEW OF DECISION.
Section 8 of the Indian Employment, Training and Related Services
Act of 1992 (25 U.S.C. 3407), as amended by section 2 of this Act, is
amended to read as follows:
``SEC. 8. PLAN APPROVAL; SECRETARIAL AUTHORITY; REVIEW OF
DECISION.
``(a) In General.--The Secretary shall have exclusive authority to
approve or disapprove a plan submitted by an Indian tribe in accordance
with section 6.
``(b) Approval Process.--
``(1) <<NOTE: Deadline. Coordination.>> In general.--Not
later than 90 days after the date on which the Secretary
receives a plan, the Secretary shall, after coordinating with
the Secretary of each Federal agency providing funds to be used
to implement the plan, approve or deny the plan.
``(2) Approval.--If the Secretary approves a plan under
paragraph (1), the Secretary shall authorize the transfer of
program funds identified in the plan in accordance with section
13.
``(3) <<NOTE: Notification.>> Denial.--If the Secretary
denies the plan under paragraph (1), the Secretary shall provide
to the Indian tribe a written notification of disapproval of the
plan that contains a specific finding that clearly demonstrates,
or that is supported by a controlling legal authority, that the
plan does not meet the requirements described in section 6.
``(4) Partial approval.--
[[Page 131 STAT. 2031]]
``(A) In general.--If a plan is denied under
paragraph (3) solely on the basis that a request for a
waiver that is part of the plan has not been approved
(or is subject to dispute resolution) under section 7,
the Secretary shall, upon a request from the tribe,
grant partial approval for those portions of the plan
not affected by the request for a waiver.
``(B) <<NOTE: Deadline.>> Approval after
resolution.--With respect to a plan described in
subparagraph (A), on resolution of the request for a
waiver under section 7, the Secretary shall, on a
request from the tribe, approve the plan or amended plan
not later than 90 days after the date on which the
Secretary receives the request.
``(5) <<NOTE: Time period.>> Failure to act.--If the
Secretary does not make a decision under paragraph (1) within 90
days of the date on which the Secretary receives the plan, the
plan shall be considered to be approved.
``(c) Extension of Time.--Notwithstanding any other provision of
law, the Secretary may extend or otherwise alter the 90-day period
identified in subsection (b)(1) for not more than 90 additional days,
if, before the expiration of the period, the Secretary obtains the
express written consent of the Indian tribe.
``(d) Review of Denial.--
``(1) Procedure upon refusal to approve plan.--If the
Secretary denies a plan under subsection (b)(3), the Secretary
shall--
``(A) state any objections in writing to the Indian
tribe;
``(B) provide assistance to the Indian tribe to
overcome the stated objections; and
``(C) <<NOTE: Hearing.>> unless the Indian tribe
brings a civil action under paragraph (2), provide the
Indian tribe with a hearing on the record with the right
to engage in full discovery relevant to any issue raised
in the matter and the opportunity for appeal on the
objections raised, under such rules and regulations as
the Secretary may promulgate.
``(2) Civil actions.--
``(A) <<NOTE: Courts.>> In general.--The district
courts of the United States shall have original
jurisdiction of a civil action against the appropriate
Secretary arising under this section.
``(B) Administrative hearing and appeal not
required.--An Indian tribe may bring a civil action
under this paragraph without regard to whether the
Indian tribe had a hearing or filed an appeal under
paragraph (1).
``(C) Relief.--In an action brought under this
paragraph, the court may order appropriate relief
(including injunctive relief to reverse a denial of a
plan under this section or to compel an officer or
employee of the United States, or any agency thereof, to
perform a duty provided under this Act or regulations
promulgated thereunder) against any action by an officer
or employee of the United States or any agency thereof
contrary to this Act or regulations promulgated
thereunder.
``(3) Final agency action.--Notwithstanding any other
provision of law, a decision by an official of the Department of
the Interior or the Department of Health and Human Services, as
appropriate (collectively referred to in this paragraph
[[Page 131 STAT. 2032]]
as the `Department') that constitutes final agency action and
that relates to an appeal within the Department that is
conducted under paragraph (1)(C) shall be made--
``(A) by an official of the Department who holds a
position at a higher organizational level within the
Department than the level of the departmental agency
(such as the Indian Health Service or the Bureau of
Indian Affairs) in which the decision that is the
subject of the appeal was made; or
``(B) by an administrative law judge.''.
SEC. 10. EMPLOYER TRAINING PLACEMENTS.
Section 10 of the Indian Employment, Training and Related Services
Act of 1992 (25 U.S.C. 3409), as amended by section 2 of this Act, is
amended to read as follows:
``SEC. 10. EMPLOYER TRAINING PLACEMENTS.
``(a) In General.--Subject to subsection (b), an Indian tribe that
has in place an approved plan under this Act may use the funds made
available for the plan under this Act--
``(1) to place participants in training positions with
employers; and
``(2) <<NOTE: Time period.>> to pay the participants a
training allowance or wage for a training period of not more
than 24 months, which may be nonconsecutive.
``(b) <<NOTE: Contracts.>> Requirements.--An Indian tribe may carry
out subsection (a) only if the Indian tribe enters into a written
agreement with each applicable employer under which the employer shall
agree--
``(1) to provide on-the-job training to the participants;
and
``(2) on satisfactory completion of the training period
described in subsection (a)(2), to prioritize the provision of
permanent employment to the participants.''.
SEC. 11. FEDERAL RESPONSIBILITIES.
Section 11 of the Indian Employment, Training and Related Services
Act of 1992 (25 U.S.C. 3410), as amended by section 2 of this Act, is
amended to read as follows:
``SEC. 11. FEDERAL RESPONSIBILITIES.
``(a) Lead Agency.--
``(1) In general.--Notwithstanding any other provision of
law, the lead agency responsible for implementation of this Act
shall be the Bureau of Indian Affairs.
``(2) Inclusions.--The responsibilities of the Director of
the Bureau of Indian Affairs in carrying out this Act shall
include--
``(A) <<NOTE: Coordination. Reports.>> in
coordination with the head of each Federal agency
overseeing a program identified in the plan, the
development of a single model report for each Indian
tribe that has in place an approved plan under this Act
to submit to the Director reports on any consolidated
activities undertaken and joint expenditures made under
the plan;
``(B) the provision, directly or through contract,
of appropriate voluntary and technical assistance to
participating Indian tribes;
``(C) the development and use of a single monitoring
and oversight system for plans approved under this Act;
[[Page 131 STAT. 2033]]
``(D)(i) the receipt of all funds covered by a plan
approved under this Act; and
``(ii) <<NOTE: Deadline.>> the distribution of the
funds to the respective Indian tribes by not later than
45 days after the date of receipt of the funds from the
appropriate Federal department or agency; and
``(E)(i) the performance of activities described in
section 7 relating to agency waivers; and
``(ii) the establishment of an interagency dispute
resolution process.
``(3) Memorandum of agreement.--
``(A) <<NOTE: Deadline.>> In general.--Not later
than 1 year after the date of enactment of the Indian
Employment, Training and Related Services Consolidation
Act of 2017, the Secretary (acting through the Director
of the Bureau of Indian Affairs), in conjunction with
the Secretaries of Agriculture, Commerce, Education,
Energy, Health and Human Services, Homeland Security,
Housing and Urban Development, Labor, Transportation,
and Veterans Affairs and the Attorney General, shall
enter into an interdepartmental memorandum of agreement
providing for the implementation of this Act.
``(B) Inclusions.--The memorandum of agreement under
subparagraph (A) shall include provisions relating to--
``(i) an annual meeting of participating
Indian tribes and Federal departments and
agencies, to be co-chaired by--
``(I) a representative of the
President; and
``(II) a representative of the
participating Indian tribes;
``(ii) <<NOTE: Review.>> an annual review of
the achievements under this Act, including the
number and percentage of program participants in
unsubsidized employment during the second quarter
after exit from the program, and any statutory,
regulatory, administrative, or policy obstacles
that prevent participating Indian tribes from
fully and efficiently carrying out the purposes of
this Act; and
``(iii) a forum comprised of participating
Indian tribes and Federal departments and agencies
to identify and resolve interagency conflicts and
conflicts between the Federal Government and
Indian tribes in the administration of this Act.
``(b) Report Format.--
``(1) In general.--The lead agency shall develop and
distribute to Indian tribes that have in place an approved plan
under this Act a single report format, in accordance with the
requirements of this Act.
``(2) <<NOTE: Records.>> Requirements.--The lead agency
shall ensure that the report format developed under paragraph
(1), together with records maintained by each participating
Indian tribe, contains information sufficient--
``(A) to determine whether the Indian tribe has
complied with the requirements of the approved plan of
the Indian tribe;
[[Page 131 STAT. 2034]]
``(B) to determine the number and percentage of
program participants in unsubsidized employment during
the second quarter after exit from the program; and
``(C) to provide assurances to the head of each
applicable Federal department or agency that the Indian
tribe has complied with all directly applicable
statutory and regulatory requirements not waived under
section 7.
``(3) Limitation.--The report format developed under
paragraph (1) shall not require a participating Indian tribe to
report on the expenditure of funds expressed by fund source or
single agency code transferred to the Indian tribe under an
approved plan under this Act but instead shall require the
Indian tribe to submit a single report on the expenditure of
consolidated funds under such plan.''.
SEC. 12. NO REDUCTION IN AMOUNTS.
Section 12 of the Indian Employment, Training and Related Services
Act of 1992 (25 U.S.C. 3411), as amended by section 2 of this Act, is
amended to read as follows:
``SEC. 12. NO REDUCTION IN AMOUNTS.
``(a) In General.--In no case shall the amount of Federal funds
available to an Indian tribe that has in place an approved plan under
this Act be reduced as a result of--
``(1) the enactment of this Act; or
``(2) the approval or implementation of a plan of an Indian
tribe under this Act.
``(b) Interaction With Other Laws.--The inclusion of a program in a
tribal plan under this Act shall not--
``(1) modify, limit, or otherwise affect the eligibility of
the program for contracting under the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5301 et seq.); or
``(2) eliminate the applicability of any provision of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5301 et seq.), as the provision relates to a specific
program eligible for contracting under that Act.''.
SEC. 13. TRANSFER OF FUNDS.
Section 13 of the Indian Employment, Training and Related Services
Act of 1992 (25 U.S.C. 3412), as amended by section 2 of this Act, is
amended to read as follows:
``SEC. 13. TRANSFER OF FUNDS.
``(a) <<NOTE: Deadline.>> In General.--Notwithstanding any other
provision of law, not later than 30 days after the date of apportionment
to the applicable Federal department or agency, the head of a Federal
agency overseeing a program identified in a plan approved under this Act
shall transfer to the Director of the Bureau of Indian Affairs for
distribution to an Indian tribe any funds identified in the approved
plan of the Indian tribe.
``(b) Transfer of Funds.--Notwithstanding any other provision of
law, at the request of the Indian tribe, all program funds transferred
to an Indian tribe in accordance with the approved plan of the Indian
tribe shall be transferred to the Indian tribe pursuant to an existing
contract, compact, or funding agreement awarded pursuant to title I or
IV of the Indian Self-Determination and Education Assistance Act (25
U.S.C. 5301 et seq.).''.
[[Page 131 STAT. 2035]]
SEC. 14. ADMINISTRATION OF FUNDS.
Section 14 of the Indian Employment, Training and Related Services
Act of 1992 (25 U.S.C. 3413), as amended by section 2 of this Act, is
amended--
(1) by redesignating subsection (b) as subsection (d);
(2) by striking the section designation and heading and all
that follows through subsection (a) and inserting the following:
``SEC. 14. ADMINISTRATION OF FUNDS.
``(a) Requirements.--
``(1) In general.--
``(A) Consolidation and reallocation of funds.--
Notwithstanding any other provision of law, all amounts
transferred to a tribe pursuant to an approved plan may
be consolidated, reallocated, and rebudgeted as
specified in the approved plan to best meet the
employment, training, and related needs of the local
community served by the Indian tribe.
``(B) Authorized use of funds.--The amounts used to
carry out a plan approved under this Act shall be
administered in such manner as the Secretary determines
to be appropriate to ensure the amounts are spent on
activities authorized under the approved plan.
``(C) Effect.--Nothing in this section interferes
with the ability of the Secretary or the lead agency to
use accounting procedures that conform to generally
accepted accounting principles, auditing procedures, and
safeguarding of funds that conform to chapter 75 of
title 31, United States Code (commonly known as the
`Single Audit Act of 1984').
``(2) Separate records and audits not required.--
Notwithstanding any other provision of law (including
regulations and circulars of any agency (including Office of
Management and Budget Circular A-133)), an Indian tribe that has
in place an approved plan under this Act shall not be required--
``(A) to maintain separate records that trace any
service or activity conducted under the approved plan to
the program for which the funds were initially
authorized or transferred;
``(B) to allocate expenditures among such a program;
or
``(C) to audit expenditures by the original source
of the program.
``(b) Carryover.--
``(1) In general.--Any funds transferred to an Indian tribe
under this Act that are not obligated or expended prior to the
beginning of the fiscal year after the fiscal year for which the
funds were appropriated shall remain available for obligation or
expenditure without fiscal year limitation, subject to the
condition that the funds shall be obligated or expended in
accordance with the approved plan of the Indian tribe.
``(2) No additional documentation.--The Indian tribe shall
not be required to provide any additional justification or
documentation of the purposes of the approved plan as a
condition of receiving or expending the funds.
[[Page 131 STAT. 2036]]
``(c) Indirect Costs.--Notwithstanding any other provision of law,
an Indian tribe shall be entitled to recover 100 percent of any indirect
costs incurred by the Indian tribe as a result of the transfer of funds
to the Indian tribe under this Act.''; and
(3) in subsection (d) (as redesignated by paragraph (1))--
(A) by striking ``All administrative'' and inserting
the following:
``(1) In general.--All administrative''; and
(B) by striking ``regulations)'' and all that
follows through the end of the subsection and inserting
the following: ``regulations).
``(2) Treatment.--The amount equal to the difference between
the amount of the commingled funds and the actual administrative
cost of the programs, as described in paragraph (1), shall be
considered to be properly spent for Federal audit purposes if
the amount is used to achieve the purposes of this Act.
``(e) Matching Funds.--Notwithstanding any other provision of law,
any funds transferred to an Indian tribe under this Act shall be treated
as non-Federal funds for purposes of meeting matching requirements under
any other Federal law, except those administered by the Department of
Labor or the Department of Health and Human Services.
``(f) <<NOTE: Applicability.>> Claims.--The following provisions of
law shall apply to plans approved under this Act:
``(1) Section 314 of the Department of the Interior and
Related Agencies Appropriations Act, 1991 (Public Law 101-512;
104 Stat. 1959).
``(2) Chapter 171 of title 28 (commonly known as the
`Federal Tort Claims Act').
``(g) Interest or Other Income.--
``(1) In general.--An Indian tribe shall be entitled to
retain interest earned on any funds transferred to the tribe
under an approved plan and such interest shall not diminish the
amount of funds the Indian tribe is authorized to receive under
the plan in the year the interest is earned or in any subsequent
fiscal year.
``(2) Prudent investment.--Funds transferred under a plan
shall be managed in accordance with the prudent investment
standard.''.
SEC. 15. LABOR MARKET INFORMATION ON INDIAN WORK FORCE.
Section 17(a) of the Indian Employment, Training and Related
Services Act of 1992 (25 U.S.C. 3416(a)), as amended by section 2 of
this Act, is amended in the first sentence--
(1) by striking ``The Secretary'' and all that follows
through ``manner,'' and inserting ``The Secretary of Labor, in
consultation with the Secretary, Indian tribes, and the Director
of the Bureau of the Census, shall''; and
(2) by striking ``, by gender,''.
SEC. 16. REPEALS; CONFORMING AMENDMENTS.
(a) Repeals.--Sections 15 and 16 of the Indian Employment, Training
and Related Services Act of 1992 (25 U.S.C. 3414, 3415), as amended by
section 2 of this Act, are repealed.
(b) Conforming Amendments.--Sections 17 and 18 of the Indian
Employment, Training and Related Services Act of 1992
[[Page 131 STAT. 2037]]
(25 U.S.C. 3416, 3417) (as amended by this Act) are redesignated as
sections 15 and 16, respectively.
SEC. 17. <<NOTE: 25 USC 3401 note.>> EFFECT OF ACT.
Nothing in this Act or any amendment made by this Act--
(1) affects any plan approved under the Indian Employment,
Training and Related Services Act of 1992 (25 U.S.C. 3401 et
seq.) (as so redesignated) before the date of enactment of this
Act;
(2) requires any Indian tribe or tribal organization to
resubmit a plan described in paragraph (1); or
(3) modifies the effective period of any plan described in
paragraph (1).
Approved December 18, 2017.
LEGISLATIVE HISTORY--H.R. 228 (S. 91):
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SENATE REPORTS: No. 115-26 (Comm. on Indian Affairs).
CONGRESSIONAL RECORD, Vol. 163 (2017):
Feb. 27, considered and passed House.
Nov. 29, considered and passed Senate.
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