Attachment B Public Law-115publ93

PUBLIC LAW 115–93—DEC. 18, 2017

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INDIAN EMPLOYMENT, TRAINING AND
RELATED SERVICES CONSOLIDATION
ACT OF 2017

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131 STAT. 2026

PUBLIC LAW 115–93—DEC. 18, 2017

Public Law 115–93
115th Congress
An Act
Dec. 18, 2017
[H.R. 228]

Indian
Employment,
Training and
Related Services
Consolidation Act
of 2017.
25 USC 3401
note.

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.

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Indian Employment, Training
and Related Services Consolidation Act of 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.

25 USC 3401
note.

‘‘This Act may be cited as the ‘Indian Employment, Training
and Related Services Act of 1992’.’’.
(b) 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’’.

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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.—

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PUBLIC LAW 115–93—DEC. 18, 2017

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

Coordination.

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:

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‘‘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—

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131 STAT. 2028

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PUBLIC LAW 115–93—DEC. 18, 2017

‘‘(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) 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:

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‘‘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

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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:

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‘‘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 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) 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—

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Consultation.

Consultation.

Determination.

Deadlines.

Notice.

Deadline.
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PUBLIC LAW 115–93—DEC. 18, 2017
‘‘(1) will be inconsistent with the provisions of this Act;
or

Deadlines.

Deadline.

Notice.

‘‘(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).’’.
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.

Deadline.
Coordination.

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Notification.

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‘‘(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.—

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‘‘(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

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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.

Time period.

Contracts.

‘‘(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.’’.
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) 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;

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Coordination.
Reports.

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‘‘(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;

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‘‘(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.

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Deadline.

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‘‘(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. 5301 et seq.).’’.

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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:

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‘‘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.

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131 STAT. 2036

Applicability.

PUBLIC LAW 115–93—DEC. 18, 2017

‘‘(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) 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,’’.

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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

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PUBLIC LAW 115–93—DEC. 18, 2017

131 STAT. 2037

(25 U.S.C. 3416, 3417) (as amended by this Act) are redesignated
as sections 15 and 16, respectively.
SEC. 17. EFFECT OF ACT.

Nothing in this Act or any amendment made by this Act—
(1) affects any plan approved under the Indian Employment, Training and Related Services Act of 1992 (25 U.S.C.
3401 et seq.) (as so redesignated) 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).

25 USC 3401
note.

Approved December 18, 2017.

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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.

Æ

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