Text: H.R.228 — 115th Congress (2017-2018)All Information (Except Text)

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Public Law No: 115-93 (12/18/2017)

 
[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):
---------------------------------------------------------------------------

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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