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                                                       Calendar No. 32
115th Congress     }                                     {      Report
                                 SENATE
 1st Session       }                                     {      115-26

======================================================================

 
     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

                                _______
                                

    April 6 (legislative day, April 4), 2017.--Ordered to be printed

                                _______
                                

           Mr. Hoeven, from the Committee on Indian Affairs, 
                        submitted the following

                              R E P O R T

                          [To accompany S. 91]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Indian Affairs, to which was referred the 
bill (S. 91) to amend the Indian Employment, Training and 
Related Services Demonstration Act of 1992 to facilitate the 
ability of Indian tribes to integrate the employment, training, 
and related services from diverse federal sources, and for 
other purposes, having considered the same, reports favorably 
thereon, without amendment, and recommends the bill do pass.

                                Purpose

    The bill, S. 91, would amend the Indian Employment, 
Training and Related Services Demonstration Act of 1992 (1992 
Act) to improve the ability of Indian tribes to integrate the 
employment, training, and related services from diverse federal 
sources, and for other purposes.

                               Background

    In 1992, President Bush signed into law, the Indian 
Employment, Training, and Related Services Demonstration Act of 
1992 (1992 Act or Public Law No. 102-477). This law enabled 
Indian tribes to coordinate and integrate employment and 
training programs administered by the Departments of Labor 
(DOL), Interior (DOI), Education, and Health and Human Services 
(HHS). This consolidated program is commonly referred to as the 
477 program. Tribal participation in the 477 program is 
voluntary.
    The 1992 Act was intended to reduce unemployment in tribal 
communities by creating employment opportunities consistent 
with the principle of tribal self-determination. The 1992 Act 
was also intended to increase the effectiveness of employment 
and training programs by reducing redundant, unnecessary, and 
burdensome federal bureaucracy through the consolidation of 
budgeting, reporting, and auditing systems.
    Components of the 1992 Act. Under the 477 program, 
participating Indian tribes are required to submit a single--
federally approved plan, budget, financial report, and receive 
a single audit for all the employment and training programs 
included in the participant's 477 program. This consolidation 
would supplant a participating Indian tribe from submitting 
multiple documents to each federal agency. Indian tribes are 
further able to implement programs designed to address tribal 
needs, guided by tribal goals.
    The single audit ensures accountability of the program and 
that the participating Indian tribes adhere to the 
accountability standards of the Government Performance Results 
Act. To facilitate coordination and streamlining, Public Law 
No. 102-477 allows participating federal agencies to waive any 
statutory or regulatory requirements as they deem necessary.
    The lead agency, designated by Public Law No. 102-477, to 
coordinate the 477 program with the participating Indian tribes 
and federal agencies is the DOI through the Division of 
Workforce Development at the Office of Indian Services within 
the Bureau of Indian Affairs.\1\ Funding from the agencies is 
sent to the DOI which then transfers the funding to 
participating Indian tribes through contracts or compacts 
pursuant to the Indian Self-Determination and Education 
Assistance Act (ISDEAA).
---------------------------------------------------------------------------
    \1\Div. of Workforce Dev., Bureau of Indian Affairs, U.S. Dep't of 
the Interior, Who We Are, available at http://www.indianaffairs.gov/
WhoWeAre/BIA/OIS/DWD/index.htm.
---------------------------------------------------------------------------
    Implementation of the 1992 Act. Implementation of the law 
proceeded with six Indian tribes and Alaska Native 
organizations submitting the initial 477 plans in 1994. 
Currently, Indian tribes and tribal organizations who utilize a 
477 plan are located in: Alaska, Arizona, Idaho, Michigan, 
Minnesota, Montana, Nebraska, Nevada, New Mexico, New York, 
North Dakota, Oklahoma, Oregon, South Dakota, Washington, 
Wisconsin, and Wyoming.\2\
---------------------------------------------------------------------------
    \2\U.S. Dep't of Labor, Employment and Training Administration, 
List of DOL--WIA Funded Federally Recognized Tribes and Alaska Native 
Entities Participating in Public Law 102-477, available at https://
www.doleta.gov/dinap/cfml/477list.cfm.
---------------------------------------------------------------------------
    Over 250 Indian tribes and tribal organizations operate 
more than sixty separate 477 plans, consolidating separate 
programs in three Departments--Interior, Labor, and Health and 
Human Services.\3\ On an annual basis, approximately $110 
million is funded through 477 plans.\4\ The success of the 477 
program has been lauded by Indian tribes and the DOI. In recent 
years, the 477 program has received some of the highest ratings 
under the federal Program Assessment Rating Tool (PART) 
reviews.\5\
---------------------------------------------------------------------------
    \3\These programs include the following within the DOI: Bureau of 
Indian Affairs' General Assistance program, Division of Workforce 
Development's Job Placement and Training program, Higher Education and 
Adult Basic Education programs, and the Johnson O'Malley programs; 
within the DOL: Workforce Investment Act Section 166 Comprehensive 
Services program and Supplemental Youth Services program; and within 
the HHS: Native Employment Works, Tribal Temporary Assistance for Needy 
Families (TANF), and Child Care and Development Fund programs.
    \4\Alaska Federation of Natives, President's Report (May 2015), 
available at http:// www.nativefederation.org/wp-content/uploads/2012/
11/May2015- AFNPresidentsReportl060115.pdf.
    \5\Indian Employment, Training and Related Services Consolidation 
Act: Hearing on S. 1574 Before the S. Comm. on Indian Affairs, 113th 
Cong. 2 (2014) (written testimony of Margaret Zientek, Co-Chair, 477 
Tribal Work Group).
---------------------------------------------------------------------------
    The Indian tribes and tribal organizations who have 
participated in a 477 plan have significantly improved the 
effectiveness of the delivery of services provided to their 
communities, in part, because the ``flexibility has allowed 
[Indian tribes] to be so successful.''\6\ For example, through 
programmatic integration and consolidation, Public Law No. 102-
477 has also helped Indian tribes increase the number of 
individuals who receive services by decreasing the 
administrative burdens.
---------------------------------------------------------------------------
    \6\Id. at 5.
---------------------------------------------------------------------------
    According to testimony received by the Committee, ``over 
99% of the [total participant base of 43,991 people] achieved 
positive employment or education outcomes, earning an average 
of $7.00 increase in hourly wages.''\7\
---------------------------------------------------------------------------
    \7\Id. at 2.
---------------------------------------------------------------------------
    Administrative Issues. Despite the relative success of the 
477 program, unresolved concerns, since 2000, remained between 
the HHS and the DOI prompting the HHS to propose withdrawing 
certain programs from participation in the 477 program. Those 
concerns largely centered on the ability of the agency to 
determine whether the program funds had been properly spent, 
even with the submission of clean annual audits, final reports, 
and approved budgets and plans. As a result, the HHS requested 
Indian tribes include the smallest spending details in their 
proposed budgets for the 477 programs. The HHS also questioned 
whether certain program funds could be contracted by or 
transferred to Indian tribes using the ISDEAA contracts or 
compacts.
    On June 2, 2008, the HHS began issuing letters formally 
notifying Indian tribes whose plans were up for renewal that 
certain programs would be withdrawn from participating in the 
477 program.\8\ Indian tribes were concerned that such an 
action would be imposed upon all other participating Indian 
tribes as their plans came up for approval or renewal. They 
were further concerned that such an action would re-impose upon 
Indian tribes the burdensome budget and reporting requirements 
the 1992 Act and subsequent amendments to the law sought to 
eliminate. The DOI was also concerned that the withdrawal of 
HHS funds from the 477 program would be detrimental to the 
participating Indian tribes.\9\
---------------------------------------------------------------------------
    \8\Letter from Curtis Coy, Deputy Assistant Secretary for 
Administration, and Sidonie Squier, Director, Office of Family 
Assistance, U.S. Dep't of Health and Human Services, to Robert 
Middleton, Ph.D., Director, Office of Indian Energy and Economic 
Development, U.S. Dep't of the Interior (Jun. 2, 2008) (on file with 
the Committee).
    \9\Letter from George T. Skibine, Acting Deputy Assistant Secretary 
for Policy and Economic Development, Office of the Secretary, U.S. 
Dep't of the Interior, to Lisa Murkowski, Senator of U.S. Senate (Jan. 
16, 2009) (on file with the Committee).
---------------------------------------------------------------------------
    The FY 2012 omnibus appropriations conference report 
required the Administration and Indian tribes to form a 
workgroup to resolve differences in how funds should be 
transferred to Indian tribes and how tribal programs should be 
audited.\10\ The conference report further required the 
Administration to provide updates to Congress on resolving 
these issues and required the Bureau of Indian Affairs to 
submit a report summarizing the workgroup's efforts. The report 
was due on March 18, 2014 and issued on April 1, 2014.
---------------------------------------------------------------------------
    \10\H.R. Rep. No. 112-331, at 1064 (2011) (Conf. Rep.).
---------------------------------------------------------------------------
    According to testimony received by the Committee, the 
workgroup reached consensus on several issues, but not on the 
transferring of funds and reporting issues ``due to a 
fundamental difference over the proper interpretation of the 
477 statute,''\11\ including ``ambiguous language in the 477 
law which only recently has been identified.''\12\
---------------------------------------------------------------------------
    \11\Indian Employment, Training and Related Services Consolidation 
Act: Hearing on S. 1574 Before the S. Comm. on Indian Affairs, 113th 
Cong. 3 (2014) (written testimony of Margaret Zientek, Co-Chair, 477 
Tribal Work Group).
    \12\Id. at 5.
---------------------------------------------------------------------------

                          Need for Legislation

    The bill would amend the 1992 Act to authorize federal 
Indian-related programs from the Departments of Agriculture, 
Commerce, Education, Energy, Health and Human Services, 
Homeland Security, Housing and Urban Development, Interior, 
Justice, Labor, Transportation, and Veterans Affairs to be 
eligible for consolidation into a single 477 plan. This process 
would allow for a participating tribe to submit a 477 plan with 
one budget, audit, and report for all departments. The process 
would reduce bureaucracy and costs, and encourage efficiency 
for more programs. The bill would also make the 1992 Act 
demonstration project permanent.

                          Legislative History

    1992 Act. Senator Simon introduced S. 1530, the Indian 
Employment, Training and Related Services Demonstration Act of 
1992, on July 23, 1991, which was referred to the Committee on 
Indian Affairs. The original cosponsors to S. 1530 were 
Senators Akaka, Burdick, Conrad, Daschle, DeConcini, Domenici, 
Inouye, Frank H. Murkowski, and Reid. Senators Bingaman, 
Gorton, and McCain were later added as cosponsors.
    The Committee held a hearing on S. 1530 on July 25, 1991. 
On October 15, 1991, the Committee favorably reported S. 1530 
to the Senate with a substitute amendment and an amendment to 
the title. The Senate passed S. 1530 with an amendment and an 
amendment to the title by voice vote on October 30, 1991. The 
House of Representatives passed the bill, with an amendment, by 
voice vote on September 29, 1992. On October 7, 1992, the 
Senate agreed to the House of Representatives amendment by 
voice vote and the final bill was cleared for the President's 
signature. On October 23, 1992, S. 1530 became Public Law No. 
102-477.
    2000 Amendments. During the 106th Congress, H.R. 5528, the 
Omnibus Indian Advancement Act, was introduced by 
Representative Thune on October 24, 2000. Sections 1101-04 of 
the Omnibus Indian Advancement Act amended the Indian 
Employment, Training, and Related Services Demonstration Act of 
1992 to allow Indian tribes more flexibility in using their 
funds for employment creation and to provide clarity on waiver 
requests in tribal plans. There were no cosponsors on the bill. 
It was referred to the Committee on Resources of the House of 
Representatives which held a hearing on the bill on October 25, 
2000. The House of Representatives passed the bill on October 
26, 2000. By unanimous consent, the Senate passed the bill 
without amendment on December 11, 2000. On December 27, 2000, 
H.R. 5528 became Public Law No. 106-568.
    113th Congress. During the 113th Congress, S. 1574, the 
Indian Employment, Training, and Related Services Consolidated 
Act of 2014, was introduced by Senator Murkowski on October 16, 
2013. Senator Begich was added as a cosponsor on March 24, 
2014. The bill, S. 1574, was referred to the Committee on 
Indian Affairs which held a hearing on the bill on April 2, 
2014. On June 11, 2014, the Committee held a duly called 
business meeting to consider, among other bills, S. 1574. The 
Committee ordered the bill, as amended, to be favorably 
reported to the Senate. On August 26, 2014, the Committee 
reported S. 1574, as amended, to the Senate without a written 
report. No further action was taken by the Senate.
    A companion bill, H.R. 5671, the Indian Employment, 
Training and Related Services Consolidation Act of 2014, was 
introduced by Representative Don Young on September 18, 2014. 
On October 7, 2014, H.R. 5671 was referred to the Committee on 
Natural Resources Subcommittee Indian and Alaska Native Affairs 
of the House of Representatives. No further action was taken by 
the House of Representatives.
    114th Congress. The Indian Employment, Training and Related 
Services Consolidation Act of 2015 (S. 1443) was introduced by 
Senators Murkowski and Sullivan on May 21, 2015. Senator Crapo 
was added as a co-sponsor on June 16, 2015. This bill is nearly 
identical to S. 1574 (113th Congress) as reported out of 
Committee. The bill did not include the provisions directing 
the Comptroller General of the United States to develop an 
inventory of eligible programs for inclusion in tribal plans.
    On October 21, 2015, the Committee held a duly called 
business meeting to consider, among other bills, S. 1443. The 
Committee ordered the bill, without amendment, to be favorably 
reported to the Senate. On July 14, 2016, the Senate passed S. 
1443 without amendment by voice vote. On July 18, 2016, the 
bill was received in the House of Representatives and held at 
the desk. No further action was taken by the House of 
Representatives.
    Representative Don Young introduced a companion bill, H.R. 
329, the Indian Employment, Training and Related Services 
Consolidation Act of 2016 on January 13, 2015. Representatives 
Cole, Kilmer, Mullin, and Russell were later added as co-
sponsors. On April 14, 2015, the Committee on Natural Resources 
Subcommittee on Indian, Insular and Alaska Native Affairs of 
the House of Representatives held a legislative hearing on H.R. 
329.
    On November 16, 2016, the Committee on Natural Resources 
reported H.R. 329, as amended, with the bill being referred 
jointly and sequentially to the Committee on Education and the 
Workforce and the Committee on Ways and Means of the House of 
Representatives. On December 7, 2016, both of these Committees 
discharged H.R. 329, as amended. On December 7, 2016, a motion 
by Representative Don Young to suspend the rules and pass H.R. 
329, as amended, was agreed to by voice vote. On December 8, 
2016, the bill was received in the Senate. No further action 
was taken by the Senate.
    115th Congress. Senators Murkowski and Sullivan introduced 
S. 91, the Indian Employment, Training and Related Services 
Consolidation Act of 2017, on January 10, 2017. On February 8, 
2017, the Committee held a duly called business meeting to 
consider, among other bills, S. 91. The Committee ordered the 
bill, without amendment, to be favorably reported to the 
Senate.
    The bill, S. 91, is identical to H.R. 329 as passed by the 
House of Representatives in the 114th Congress. The provisions 
adopted in the current bill are primarily clarifying and 
technical in nature, including:
           Clarifies that the Department of the 
        Interior is required to coordinate with other federal 
        agencies under the 477 program;
           Clarifies the provision which ensures that a 
        consolidated format is used by Indian tribes when 
        reporting expenditures;
           Excludes funds from the Department of Health 
        and Human Services and the Department of Labor from 
        being eligible for use as a non-federal match in grant 
        applications;
           Removes higher education from the list of 
        possible types of programs that could be integrated 
        into a 477 plan;
           Requires Indian tribes to list the 
        anticipated employment benefits in their 477 plan and 
        include employment information in their reports;
           Requires the interagency memorandum of 
        agreement include an analysis of the employment 
        benefits of the program when they review achievements;
           Amends the judicial remedy section by 
        striking the specifications for Indian tribes to pursue 
        monetary damages under the section;
           Strikes the language that would allow Indian 
        tribes to meet a lower burden of proof standard for 
        pursuing cases; and
           Clarifies the language regarding the process 
        for Indian tribes to seek relief.
    Under the bill, S. 91, Indian tribes will retain the 
ability to bring civil actions based on agencies improper 
treatment under the 1992 Act, including injunctive relief to 
reverse a 477 plan denial or to compel an agency to follow the 
law. Indian tribes pursuing monetary damages would have to meet 
the standard thresholds of the Tucker Act for bringing suit 
against the federal government.
    Representative Don Young introduced an identical companion 
bill, H.R. 228, the Indian Employment, Training and Related 
Services Consolidation Act of 2017, on January 3, 2017. The 
bill, H.R. 228, was referred to the Committee on Natural 
Resources Subcommittee on Indian, Insular and Alaska Native 
Affairs of the House of Representatives on February 10, 2017. 
On February 27, 2017, a motion by Representative McClintock to 
suspend the rules and pass H.R. 228, as amended, was agreed to 
by voice vote by the House of Representatives. On February 28, 
2017, the bill was received in the Senate.
    The bill, H.R. 228, as received in the Senate, is similar 
to S. 91 with a few technical corrections, including:
           Modifies abbreviated language to the full 
        spelling of words;
           Clarifies the language of how Indian tribes 
        and members of an Indian tribe are eligible to receive 
        funds under an integrated 477 program; and
           Updates references to citations to the 
        United States Code citations that have been recently 
        reorganized.
    The changes made to H.R. 228 were approved by the 477 
Tribal Work Group during the consideration of the bill by the 
House of Representatives.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 cites this Act as the ``Indian Employment, 
Training, and Related Services Consolidation Act of 2017''.

Section 2. Amendment of short title

    Section 2 of this Act amends Section 1 of the Indian 
Employment, Training and Related Services Demonstration Act of 
1992 (the 1992 Act), by removing the word ``Demonstration'' 
from the title of the 1992 Act. This section also clarifies 
that any reference to the 1992 Act shall be deemed a reference 
to this Act.

Section 3. Statement of purpose

    Section 3 amends the purpose of the 1992 Act to facilitate 
the ability of Indian tribes to integrate the employment, 
training and related services they provide from diverse federal 
sources. This integration is intended to improve the 
effectiveness of those services, reduce joblessness in Indian 
communities, serve tribally-determined goals consistent with 
the policy of self-determination, while reducing 
administrative, reporting, and accounting costs.

Section 4. Definitions

    Section 4 sets forth definitions of ``Federal agency'', 
``Indian'', ``Indian tribe'', ``Secretary'', and ``program'' to 
be consistent with the Indian Self Determination and Education 
Assistance Act. This section creates a new definition of 
``program'' to clarify which federal programs and funding 
sources are eligible for inclusion in tribal plans, and updates 
the definition of ``Indian tribe'' to include tribal 
organizations.

Section 5. 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 integrate the programs and federal funds received by 
the Indian tribe and coordinate the employment, training and 
related services provided with those funds in a consolidated 
and comprehensive tribal plan.

Section 6. Programs affected and transfer of funds

    Section 6 authorizes what affected programs that may be 
integrated pursuant to a plan approved under section 8. The 
programs should have a purpose of job training, welfare to work 
and tribal work experience, creating or enhancing employment 
opportunities, skill development, assisting Indian youth and 
adults to succeed in the workforce, encouraging self-
sufficiency, familiarizing individual participants with the 
world of work, and facilitating the creation of job 
opportunities, or any services related to purposes listed.
    Under Section 6, Indian tribes or members of an Indian 
tribe who may integrate programs are--those who are eligible to 
receive funds under a statutory or administrative formula 
making funds available to an Indian tribe, or are due to their 
status as Indians under federal law; or Indian tribes or 
members of an Indian tribe who have secured funds as a result 
of a competitive process, a non-competitive process, or a 
specific designation.
    This section also allows for programs funded by block grant 
funds provided to an Indian tribe to be integrated into the 477 
plan, regardless of whether the block grant is for the benefit 
of the Indian tribe or the status of the beneficiaries the 
grant serves.
    This section expands the 477 program to include the 
Departments of Justice, Agriculture, Commerce, Education, 
Energy, Health and Human Services, Homeland Security, Housing 
and Urban Development, Labor, Transportation, and Veterans 
Affairs.

Section 7. Plan requirements

    Section 7 requires that tribal employment plans that are 
submitted must describe a comprehensive strategy identifying 
the full range of potential employment opportunities on or near 
the service area of an Indian tribe, including projected 
expenditures, and any waivers of federal law or regulations 
needed to effectively carry out the tribal plan. This section 
also requires participating tribes to set a goal in their plans 
for the number of program participants that are able to attain 
unsubsidized employment by the second quarter after exiting 
their program.

Section 8. Plan review; waiver authority; and dispute resolution

    Section 8 clarifies the authority of all covered agencies 
to grant applicable waivers to enable tribes to efficiently 
implement plans, and places the responsibility on the Secretary 
of the Interior to resolve disputes within a fixed time frame. 
This is consistent with longstanding law and practice under the 
Indian Self Determination and Education Assistance Act 
governing contracting proposals, if no action is made to 
approved or disapprove a waiver request, the waiver request is 
deemed approved by operation of law.
    Subsection (e) provides that not later than 90 days of 
receiving a waiver request the head of the affected agency must 
make a decision to deny or grant the request. If an agency 
issues a denial, the agency shall provide the requesting tribe 
and the Secretary written notice and reason for denial. This 
section further provides that when an agency fails to act 
within 90 days, the waiver shall be considered granted.
    Subsection (f) clarifies the duties that the Secretary must 
take if an affected agency denies a waiver request.
    Subsection (g) defines the interagency dispute resolution 
process if the Secretary determines that granting the waiver 
will be inconsistent with the provisions of this Act, by 
involving--the Secretary, the participating Indian tribe, and 
the head of the affected agency.
    Subsection (h) states the head of the affected agency shall 
have final authority to resolve the dispute in the case that 
the dispute resolution process fails to resolve the dispute 
between the Indian tribe and the affected agency.
    Under subsection (i), a final decision on a dispute shall 
be made by the Secretary of the Interior no later than 10 days 
after the dispute is resolved. The Secretary of the Interior 
shall provide the requesting Indian tribe with the final 
decision on the waiver request and notice of the right to file 
an appeal that is in accordance with this section.

Section 9. Plan approval; secretarial authority; review of decision

    Section 9 clarifies the responsibility of the Secretary of 
the Interior as the sole authority to approve or disapprove a 
plan under the Act after coordinating with each federal agency 
providing funds used to implement the plan. This section 
further clarifies the plan approval process, denial process, 
and partial approvals. The Secretary may extend or otherwise 
alter the 90-day period identified in subsection (b)(1) for not 
more than an additional 90 days with express written consent of 
the requesting tribe.
    Section 9 outlines an option for tribes to pursue civil 
actions to potentially reverse an unfair denial of a plan or 
compel an agency to perform its program-related duties under 
the law. The district courts of the United States shall have 
original jurisdiction of a civil action against the appropriate 
Secretary arising under this section. This section clarifies 
that an Indian tribe may bring a civil action without regard to 
whether the Indian tribe had a hearing or filed an appeal. The 
court may order appropriate relief against any action by an 
officer or employee of the United States or any agency thereof 
that is contrary to the Act or regulation promulgated 
thereunder.

Section 10. Employer training placements

    Section 10 expands the employment placement authority 
enacted by the 2000 amendments to include all employers under 
the approved plan.

Section 11. Federal responsibilities

    Section 11 amends Section 11 of the 1992 Act by reaffirming 
that the Bureau of Indian Affairs as the lead agency for 
administering the Act. This section provides guidance on the 
responsibilities of the Bureau of Indian Affairs, and 
requirements for DOI's coordination with other agencies, in the 
implementation of this Act. Additionally, this section requires 
the Secretary of the Interior and the Secretaries of the other 
participating departments to enter into an interdepartmental 
memorandum of agreement to expedite the implementation of the 
Act. Under this Act, tribes must include achievement numbers 
and percentages in annual reviews.

Section 12. No reduction in amounts

    Section 12 prohibits any reduction in funds to which a 
participating tribes or tribal organizations would otherwise be 
entitled to absent participation under the Act, as well as 
provides clarity for the Act's interaction with the Indian Self 
Determination and Education Assistance Act.

Section 13. Transfer of funds

    Section 13 authorizes the interagency transfer of funds 
necessary to carry out the Act, requiring that such transfers 
occur within 30 days of apportionment of funds to the 
transferring agency and also provides for the transfer of funds 
to the tribe through an existing self-determination or self-
governance contract or funding agreement already in place with 
the tribe.

Section 14. Administration of funds

    Section 14 clarifies that notwithstanding any other 
provision of the law, all amounts transferred to a tribe 
pursuant to an approved plan may be consolidated and 
reallocated as specified in the approved plan to best meet the 
employment, training, and related needs of the local community 
served by the Indian tribe. The participating tribe or tribal 
organization is not required to maintain separate records that 
track how funds from a particular program included in a plan 
were spent, nor to track expenditures from such programs, and 
expressly exempts participating tribes and tribal organizations 
from any provision of OMB circular A 133 that imposes contrary 
requirements. Carryover funds from the previous fiscal year 
shall remain available for use in accordance with the approved 
plan of the Indian tribe.
    Subsection (c) specifies that once a tribe or tribal 
organization has been issued an approved indirect cost rate 
from its cognizant federal agency, the tribe or tribal 
organization shall be permitted to recover its indirect costs 
pursuant to such rate from all programs contributing funds 
under a plan.
    Subsection (e) specifies that 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.
    Subsection (f) provides that the Federal Tort Claims Act 
shall apply to all approved tribal plans.
    Subsection (g) provides that an Indian tribe shall be 
entitled to retain interest earned on any funds transferred to 
the tribe under an approved plan that such interest shall not 
diminish the amount of funds in the Indian tribe is authorized 
to receive under the plan in the year the interest is earned.

Section 15. Labor market information on Indian work force

    Section 15 shifts the responsibility of preparing the labor 
market information report from the Secretary of Interior to the 
Secretary of Labor, and directs the Secretary of Labor, in 
consultation with the Secretary of Interior, Indian tribes, and 
the Director of the Bureau of Census, to provide a report on 
labor market information on Indian work force.

Section 16. Repeals; conforming amendments

    Section 16 repeals two sections of P.L. 102 477 that are 
deemed no longer necessary due to amendments made by this Act.

Section 17. Effect of act

    Section 17 states that no tribal plans currently in effect 
are affected by this Act, there is no requirement of any Indian 
tribe or tribal organization to resubmit a plan already 
approved under existing law, and it does not modify the 
effective period of any existing plan.

                   Cost and Budgetary Considerations

    The following cost estimate, as provided by the 
Congressional Budget Office, dated March 10, 2017, was prepared 
for S. 91:

                                                    March 10, 2017.
Hon. John Hoeven,
Chairman, Committee on Indian Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 91, the Indian 
Employment, Training and Related Services Consolidation Act of 
2017.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Robert Reese.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

S. 91--Indian Employment, Training and Related Services Consolidation 
        Act of 2017

    Under current law, multiple federal agencies provide 
financial assistance to Indian tribes for a wide range of 
purposes. Under the Indian Employment, Training and Related 
Services Demonstration Act and subject to approval by the 
Bureau of Indian Affairs (BIA), tribes can consolidate funds 
from certain types of federal grants, particularly those that 
support programs related to employment, training, and 
education. S. 91 would amend that act to expand the types of 
federal grants that tribes could consolidate.
    CBO estimates that enacting S. 91 would have no significant 
effect on the federal budget because the legislation would not 
affect the overall amount of assistance provided by federal 
agencies to tribes. Based on information from BIA, CBO 
estimates that any increased federal costs to oversee and 
administer tribal plans under the bill, which would be subject 
to appropriation, would not exceed $500,000 in any year.
    Enacting S. 91 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting S. 91 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2028.
    S. 91 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    The CBO staff contact for this estimate is Robert Reese. 
The estimate was approved by H. Samuel Papenfuss, Deputy 
Assistant Director for Budget Analysis.

               Regulatory and Paperwork Impact Statement

    Paragraph 11(b) of rule XXVI of the Standing Rules of the 
Senate requires each report accompanying a bill to evaluate the 
regulatory and paperwork impact that would be incurred in 
carrying out the bill. The Committee believes that S. 91 will 
have minimal impact of regulatory or paperwork requirements.

                        Executive Communications

    The Committee has received no communications from the 
Executive Branch regarding S. 91.

                        Changes in Existing Law

    In accordance with subsection 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
S. 91, as ordered reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic):

 25 U.S.C. Sec. 3401 (Indian Employment, Training and Related Services 
               Demonstration Act of 1992 (P.L. 102-477))


Sec. 3401. Statement of purpose.

[SECTION 1. SHORT TITLE.

    [This Act may be cited as the ``Indian Employment, Training 
and Related Services Demonstration Act of 1992''.]

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Indian Employment, Training 
and Related Services Act of 1992''.

SEC. 2. STATEMENT OF PURPOSE.

    [The purpose of this Act are to demonstrate how Indian 
tribal governments can] The purpose of this Act is to 
facilitate the ability of Indian tribes and tribal 
organizations to integrate the employment, training and related 
service they provide from diverse Federal sources in order to 
improve the effectiveness of those services, reduce joblessness 
in Indian communities, [and serve tribally-determined], and 
serve tribally-determined goals consistent with the policy of 
self-determination, while reducing administrative, reporting, 
and accounting costs.

 25 U.S.C. Sec. 3402 (Indian Employment, Training and Related Services 
  Demonstration Act of 1992 (P.L. 102-477), as amended by the Omnibus 
                 Indian Advancement Act (P.L. 106-568))


Sec. 3402. Definitions.

SEC. 3. DEFINITIONS.

    For the purposes of this Act, the following definitions 
apply:
          (1) Federal agency.--The term ``federal agency'' has 
        the same meaning given the term ``agency'' in section 
        551(1) of title 5, United States Code.
          [(2) Indian tribe.--The terms ``Indian tribe'' and 
        ``tribe'' shall have the meaning given the term 
        ``Indian tribe'' in section 4(e) of the Indian Self-
        Determination and Education Assistance Act.]
          (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. 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).
          (3) Indian.--The term ``Indian'' shall have the 
        meaning given such term in section 4(d) of the Indian 
        Self-Determination and Education Assistance Act.
          (4) Program.--The term ``program'' means a program 
        described in section 5(a).
          ([4]5) Secretary.--Except where otherwise provided, 
        the term ``Secretary'' means the Secretary of the 
        Interior.

 25 U.S.C. Sec. 3403 (Indian Employment, Training and Related Services 
                Demonstration Act of 1992 (P.L. 102-477)


Sec. 3403. Integration of services authorized.

[SEC. 4. INTEGRATION OF SERVICES AUTHORIZED.

    [The Secretary of the Interior, in cooperation with the 
appropriate Secretary of Labor, Secretary of Health and Human 
Services, or Secretary of Education, shall, upon the receipt of 
a plan acceptable to the Secretary of the Interior submitted by 
an Indian tribal government, authorize the tribal government to 
coordinate, in accordance with such plan, its federally funded 
employment, training, and related services programs in a manner 
that integrates the program services involved into a single, 
coordinated, comprehensive program and reduces administrative 
costs by consolidating administrative functions.]

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) coordinate the employment, training, and related 
        services provided with those funds in a consolidated 
        and comprehensive tribal plan.

 25 U.S.C. Sec. 3404 (Indian Employment, Training and Related Services 
  Demonstration Act of 1992 (P.L. 102-477), as amended by the Omnibus 
                 Indian Advancement Act (P.L. 106-568))


Sec. 3404. Programs affected.

[SEC. 5. PROGRAMS AFFECTED.

    [The programs that may be integrated in a demonstration 
project under any such plan referred to in section 4 of this 
Act shall include any program under which an Indian tribe is 
eligible for receipt of funds under a statutory or 
administrative formula for the purposes of assisting Indian 
youth and adults to succeed in the workforce, encouraging self-
sufficiency, familiarizing Indian youth and adults with the 
world of work, facilitating the creation of job opportunities 
and any services related to these activities.]

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 (ix); and
                  (B) under which an Indian tribe or members of 
                an Indian tribe--
                          (i) are eligible to receive funds--
                                  (I) under a statutory or 
                                administrative formula making 
                                funds available to an Indian 
                                tribe; or
                                  (II) due to their status as 
                                Indians 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 
        eligible 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 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.

 25 U.S.C. Sec. 3405 (Indian Employment, Training and Related Services 
                Demonstration Act of 1992 (P.L. 102-477)


Sec. 3405. Plan requirements.

[SEC. 6. PLAN REQUIREMENTS.

    [For a plan to be acceptable pursuant to section 4, it 
shall--
          [(1) identify the programs to be integrated;
          [(2) be consistent with the purposes of this Act 
        authorizing the services to be integrated in a 
        demonstration project;
          [(3) describe a comprehensive strategy which 
        identifies the full range of potential employment 
        opportunities on and near the tribal government's 
        service area, and the education, training and related 
        services to be provided to assist Indian workers to 
        access those employment opportunities;
          [(4) describe the way in which services are to be 
        integrated and delivered and the results expected from 
        the plan;
          [(5) identify the projected expenditures under the 
        plan in a single budget;
          [(6) identify the agency or agencies of the tribal 
        government to be involved in the delivery of the 
        services integrated under the plan;
          [(7) identify any statutory provisions, regulations, 
        policies, or procedures that the tribal government 
        believes need to be waived in order to implement its 
        plan; and
          [(8) be approved by the governing body of the 
        affected tribe.]

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 purpose 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
          (7) be approved by the governing body of the Indian 
        tribe.

 25 U.S.C. Sec. 3406 (Indian Employment, Training and Related Services 
  Demonstration Act of 1992 (P.L. 102-477), as amended by the Omnibus 
                 Indian Advancement Act (P.L. 106-568))


Sec. 3406. Plan review.

[SEC. 7. PLAN REVIEW.

    [Upon receipt of the plan from a tribal government, the 
Secretary shall consult with the Secretary of each Federal 
agency providing funds to be used to implement the plan, and 
with the tribal government submitting the plan. The parties so 
consulting shall identify any waivers of statutory requirements 
or of Federal agency regulations, policies, or procedures 
necessary to enable the tribal government to implement its 
plan. Notwithstanding any other provision of law, the Secretary 
of the affected agency shall have the authority to waive any 
statutory requirement, regulation, policy, or procedure 
promulgated by that agency that has been so identified by such 
tribal government or agency, unless the Secretary of the 
affected agency determines that such a waiver is inconsistent 
with the purposes of this Act or those provisions of the 
statute from which the program involved derives its authority 
which are specifically applicable to Indian programs.]

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
          (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) 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) 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 purpose 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) 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) 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) 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--
          (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) 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) 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) notice of the right to file an appeal in 
        accordance with the applicable provisions described in 
        section 8(d).

 25 U.S.C. Sec. 3407 (Indian Employment, Training and Related Services 
  Demonstration Act of 1992 (P.L. 102-477), as amended by the Omnibus 
                 Indian Advancement Act (P.L. 106-568))


Sec. 3407. Plan approval.

[SEC. 8. PLAN APPROVAL.

    [Within 90 days after the receipt of a tribal government's 
plan by the Secretary, the Secretary shall inform the tribal 
government, in writing, of the Secretary's approval or 
disapproval of the plan, including any request for a waiver 
that is made part of the plan submitted by the tribal 
government. If the plan is disapproved, the tribal government 
shall be informed, in writing, of the reasons for the 
disapproval and shall be given an opportunity to amend its plan 
or to petition the Secretary to reconsider such disapproval, 
including reconsidering the disapproval of any waiver requested 
by the Indian tribe.]

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) 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) 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.--
                  (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) 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) 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) 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) 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 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.

 25 U.S.C. Sec. 3409 (Indian Employment, Training and Related Services 
                Demonstration Act of 1992 (P.L. 102-477)


Sec. 3409. Private sector training placements.

[SEC. 10. PRIVATE SECTOR TRAINING PLACEMENTS.

    [A tribal government participating in a demonstration 
program under this Act is authorized to utilize funds available 
under such plan to place participants in training positions 
with private employers and pay such participants a training 
allowance or wage for a period not to exceed 12 months, if the 
tribal government obtains a written agreement from the private 
employer to provide on-the job training to such participants 
and, upon satisfactory completion of the training period, to 
guarantee permanent employment to such participants for a 
minimum of 12 months.]

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) to pay the participants a training allowance 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 
        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.

 25 U.S.C. Sec. 3410 (Indian Employment, Training and Related Services 
                Demonstration Act of 1992 (P.L. 102-477)


Sec. 3410. Federal responsibilities.

[SEC. 11. FEDERAL RESPONSIBILITIES.

    [(a) Responsibilities of the Department of the Interior.--
Within 180 days following the date of enactment of this Act, 
the Secretary of the Interior, the Secretary of Labor, the 
Secretary of Health and Human Services and the Secretary of 
Education shall enter into an interdepartmental memorandum of 
agreement providing for the implementation of the demonstration 
projects authorized under this Act. The lead agency for a 
demonstration program under this Act shall be the Bureau of 
Indian Affairs, Department of the Interior. The 
responsibilities of the lead agency shall include--
          [(1) the use of a single report format related to the 
        plan for the individual project which shall be used by 
        a tribal government to report on the activities 
        undertaken under the project;
          [(2) the use of a single report format related to the 
        projected expenditures for the individual project which 
        shall be used by a tribal government to report on all 
        project expenditures;
          [(3) the development of a single system of Federal 
        oversight for the project, which shall be implemented 
        by the lead agency; and
          [(4) the provision of technical assistance to a 
        tribal government appropriate to the project, except 
        that a tribal government shall have the authority to 
        accept or reject the plan for providing such technical 
        assistance and the technical assistance provider.
    [(b) Report Requirements.--The single report format shall 
be developed by the Secretary, consistent with the requirements 
of this Act. Such report format, together with records 
maintained on the consolidated program at the tribal level 
shall contain such information as will allow a determination 
that the tribe has complied with the requirements incorporated 
in its approved plan and will provide assurances to each 
Secretary that the tribe has complied with all directly 
applicable statutory requirements and with those directly 
applicable regulatory requirements which have not been waived.]

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) 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;
                  (D)(i) the receipt of all funds covered by a 
                plan approved under this Act; and
                  (ii) 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) 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) 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) 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;
                  (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.

 25 U.S.C. Sec. 3411 (Indian Employment, Training and Related Services 
                Demonstration Act of 1992 (P.L. 102-477)


Sec. 3411. No reduction in amounts.

[SEC. 12. NO REDUCTION IN AMOUNTS.

    [In no case shall the amount of Federal funds available to 
a tribal government involved in any demonstration project be 
reduced as a result of the enactment of this Act.]

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. 5304 et seq.); or
          (2) eliminate the applicability of any provision of 
        the Indian Self-Determination and Education Assistance 
        Act (25 U.S.C. 5304 et seq.), as the provision relates 
        to a specific program eligible for contracting under 
        that Act.

 25 U.S.C. Sec. 3412 (Indian Employment, Training and Related Services 
                Demonstration Act of 1992 (P.L. 102-477)


Sec. 3412. Interagency fund transfers authorized.

[SEC. 13. INTERAGENCY FUND TRANSFERS AUTHORIZED.

    [The Secretary of the Interior, Secretary of Labor, 
Secretary of Health and Human Services, or the Secretary of 
Education, as appropriate, is authorized to take such action as 
may be necessary to provide for an interagency transfer of 
funds otherwise available to a tribal government in order to 
further the purposes of this Act.]

SEC. 13. TRANSFER OF FUNDS.

    (a) 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. 5304 et 
seq.)

 25 U.S.C. Sec. 3413 (Indian Employment, Training and Related Services 
                Demonstration Act of 1992 (P.L. 102-477)


Sec. 3413. Administration of funds and overage.

[SEC. 14. ADMINISTRATION OF FUNDS AND OVERAGE.

    [(a) Administration of Funds.--
          [(1) In general.--Program funds shall be administered 
        in such a manner as to allow for a determination that 
        funds from specific programs (or an amount equal to the 
        amount attracted from each program) are spent on 
        allowable activities authorized under such program.
          [(2) Separate records not required.--Nothing in this 
        section shall be construed as requiring the tribe to 
        maintain separate records tracing any services or 
        activities conducted under its approved plan to the 
        individual programs under which funds were authorized, 
        nor shall the tribe be required to allocate 
        expenditures among such individual programs.]

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.
    (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.
    ([b]d) Overage.--[All administrative]
          (1) In general.--All administrative costs may be 
        commingled and participating Indian tribes shall be 
        entitled to the full amount of such costs (under each 
        program or department's [regulations), and no overage 
        shall be counted for Federal audit purposes, provided 
        that the overage is used for the purposes provided for 
        under this Act.]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) 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.

 25 U.S.C. Sec. 3414 (Indian Employment, Training and Related Services 
               Demonstration Act of 1992 (P.L. 102-477))


Sec. 3414. Fiscal accountability.

[SEC. 15. FISCAL ACCOUNTABILITY.

    [Nothing in this Act shall be construed so as to interfere 
with the ability of the Secretary or the lead agency to fulfill 
the responsibilities for the safeguarding of Federal funds 
pursuant to the Single Audit Act of 1984.]

 25 U.S.C. Sec. 3415 (Indian Employment, Training and Related Services 
Demonstration Act of 1992 (P.L. 102-477), as amended by An Act to make 
technical improvements in the United State Code by amending provisions 
  to reflect the current names of congressional committees (P.L. 103-
                                 437))


Sec. 3415. Report on statutory obstacles to program integration.

[SEC. 16. REPORT ON STATUTORY OBSTACLES TO PROGRAM INTEGRATION.

    [(a) Preliminary Report.--Not later than two years after 
the date of the enactment of this Act, the Secretary shall 
submit a preliminary report to the Committee on Indian Affairs 
of the Senate and the Committee on Natural Resources of the 
House of Representatives on the status of the implementation of 
the demonstration program authorized under this Act.
    [(b) Final Report.--Not later than five years after the 
date of the enactment of this Act, the Secretary shall submit a 
report to the Committee on Indian Affairs of the Senate and the 
Committee on Natural Resources and the Committee on Education 
and Labor of the House of Representatives on the results of the 
implementation of the demonstration program authorized under 
this Act. Such report shall identify statutory barriers to the 
ability of tribal governments to integrate more effectively 
their employment, training, and related services in a manner 
consistent with the purposes of this Act.]

 25 U.S.C. Sec. 3416 (Indian Employment, Training and Related Services 
Demonstration Act of 1992 (P.L. 102-477), as amended by An Act to make 
technical improvements in the United State Code by amending provisions 
  to reflect the current names of congressional committees (P.L. 103-
                                 437))


Sec. 3416. Labor market information on the Indian work force.

SEC. [17]15. LABOR MARKET INFORMATION ON THE INDIAN WORK FORCE.

    (a) Report.--[The Secretary, in consultation with the 
Secretary of Labor, shall, in a consistent and reliable 
manner,]The Secretary of Labor, in consultation with the 
Secretary, Indian tribes, and the Director of the Bureau of the 
Census, shall develop, maintain and publish, not less than 
biennially, a report on the population[, by gender,] eligible 
for the services which the Secretary provides to Indian people. 
The report shall include, but is not limited to, information at 
the national level by State, Bureau of Indian Affairs Service 
area, and tribal level for the--(1) total service population; 
(2) the service population under age 16 and over 64; (3) the 
population available for work, including those not considered 
to be actively seeking work; (4) the employed population, 
including those employed with annual earnings below the poverty 
line; and (5) the numbers employed in private sector positions 
and in public sector positions.

 25 U.S.C. Sec. 3417 (Indian Employment, Training and Related Services 
               Demonstration Act of 1992 (P.L. 102-477))


Sec. 3417. Assignment of Federal personnel to State Indian economic 
                    development programs.

SEC. [18]16. ASSIGNMENT OF FEDERAL PERSONNEL TO STATE INDIAN ECONOMIC 
                    DEVELOPMENT PROGRAMS.

    Any State with an economic development program targeted to 
Indian tribes shall be eligible to receive, at no cost to the 
State, such Federal personnel assignments as the Secretary, in 
accordance with the applicable provisions of the 
Intergovernmental Personnel Act of 1970, may deem appropriate 
to help ensure the success of such program.

                                  [all]