[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 228 Enrolled Bill (ENR)]
H.R.228
One Hundred Fifteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and seventeen
An Act
To amend the Indian Employment, Training and Related Services
Demonstration Act of 1992 to facilitate the ability of Indian tribes to
integrate the employment, training, and related services from diverse
Federal sources, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

9dc1354596e092736c5a4fbd3b01d55f4d9de70fc61a3e1f76ef659355657b0e

This Act may be cited as the ``Indian Employment, Training and
Related Services Consolidation Act of 2017''.

7d7532581d9da5bf58cd0cdba2f6a77d87115229cda5c2f7a03a2769218f2b32

(a) In General.--Section 1 of the Indian Employment, Training and
Related Services Demonstration Act of 1992 (25 U.S.C. 3401 note; 106
Stat. 2302) is amended to read as follows:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Indian Employment, Training and
Related Services Act of 1992'.''.
(b) 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''.

c1075acadf0c3ed9293b98a7e6cec80f322242bc7e077eaad185f2ccf25e8776

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''.

e8a3b0365f8ff41a84f7fbe72d1d97ef21a267dfb4ed60bac42cb3382391c9e7

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.--
``(A) In general.--The terms `Indian tribe' and `tribe'
have the meaning given the term `Indian tribe' in section 4 of
the Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
``(B) Inclusion.--The term `Indian tribe' includes tribal
organizations (as defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304)).'';
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) Program.--The term `program' means a program described in
section 5(a).''.

3150a0d17e913f6964d87a4ff86751817535ff9815d22384a33021e22a9fd27f

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.''.

9d7524c8c3f934d2130188ed0d35067fd0c96675cd5ef6d623df574b645886b1

Section 5 of the Indian Employment, Training and Related Services
Act of 1992 (25 U.S.C. 3404), as amended by section 2 of this Act, is
amended to read as follows:
``SEC. 5. PROGRAMS AFFECTED.
``(a) Programs Affected.--
``(1) In general.--The programs that may be integrated pursuant
to a plan approved under section 8 shall be only programs--
``(A) implemented for the purpose of--
``(i) job training;
``(ii) welfare to work and tribal work experience;
``(iii) creating or enhancing employment opportunities;
``(iv) skill development;
``(v) assisting Indian youth and adults to succeed in
the workforce;
``(vi) encouraging self-sufficiency;
``(vii) familiarizing individual participants with the
world of work;
``(viii) facilitating the creation of job
opportunities;
``(ix) economic development; or
``(x) any services related to the activities described
in clauses (i) through (x); and
``(B) under which an Indian tribe or members of an Indian
tribe--
``(i) are eligible to receive funds--
``(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.''.

845217116071a642ee8e13af8686f50fc81cbb5448144dc0c2d31785f3071332

Section 6 of the Indian Employment, Training and Related Services
Act of 1992 (25 U.S.C. 3405), as amended by section 2 of this Act, is
amended to read as follows:
``SEC. 6. PLAN REQUIREMENTS.
``A plan submitted to the Secretary for approval under this Act
shall--
``(1) identify the programs to be integrated and consolidated;
``(2) be consistent with the purposes of this Act;
``(3) describe--
``(A) a comprehensive strategy identifying the full range
of potential employment opportunities on and near the service
area of the Indian tribe;
``(B) the education, training, and related services to be
provided to assist Indians to access those employment
opportunities;
``(C) the way in which services and program funds are to be
integrated, consolidated, and delivered; and
``(D) the results expected, including the expected number
of program participants in unsubsidized employment during the
second quarter after exit from the program, from the plan;
``(4) identify the projected expenditures under the plan in a
single budget covering all consolidated funds;
``(5) identify any agency of the Indian tribe to be involved in
the delivery of the services integrated under the plan;
``(6) identify any statutory provisions, regulations, policies,
or procedures that the Indian tribe believes need to be waived to
implement the plan; and
``(7) be approved by the governing body of the Indian tribe.''.

e350d8c16651c88f6e354ac428ff1bfeef1c09bfa7afd7d011a766f009d7ab11

Section 7 of the Indian Employment, Training and Related Services
Act of 1992 (25 U.S.C. 3406), as amended by section 2 of this Act, is
amended to read as follows:
``SEC. 7 PLAN REVIEW.
``(a) 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--
``(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).''.

a69521afa0004893162f0e551170c7d335d9bdb3f4be0c13466f4aee33f27be2

Section 8 of the Indian Employment, Training and Related Services
Act of 1992 (25 U.S.C. 3407), as amended by section 2 of this Act, is
amended to read as follows:
``SEC. 8. PLAN APPROVAL; SECRETARIAL AUTHORITY; REVIEW OF DECISION.
``(a) In General.--The Secretary shall have exclusive authority to
approve or disapprove a plan submitted by an Indian tribe in accordance
with section 6.
``(b) Approval Process.--
``(1) 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.''.

4a005233481cc2035ef868360d699a80383aa13b7298b87bc083a13f05ff6258

Section 10 of the Indian Employment, Training and Related Services
Act of 1992 (25 U.S.C. 3409), as amended by section 2 of this Act, is
amended to read as follows:
``SEC. 10. EMPLOYER TRAINING PLACEMENTS.
``(a) In General.--Subject to subsection (b), an Indian tribe that
has in place an approved plan under this Act may use the funds made
available for the plan under this Act--
``(1) to place participants in training positions with
employers; and
``(2) 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.''.

3b0b0b3a363b880bd437ccd7908f503ac7b68b9e012db9a3f57930728c9530f3

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;
``(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.''.

48c2da18c066ff7ac18cfe68ba97d3025e6a06dc19581ba2e49e10b572630dcb

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.''.

862ca7650cce2afc42d575bf2b4809d4433559cd882d4ba4fba96740c183eef9

Section 13 of the Indian Employment, Training and Related Services
Act of 1992 (25 U.S.C. 3412), as amended by section 2 of this Act, is
amended to read as follows:
``SEC. 13. TRANSFER OF FUNDS.
``(a) 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.).''.

4fb1fdc1fd0d603db1dc82ca81274a9ce2a89640381bb911456fe78dc4035183

Section 14 of the Indian Employment, Training and Related Services
Act of 1992 (25 U.S.C. 3413), as amended by section 2 of this Act, is
amended--
(1) by redesignating subsection (b) as subsection (d);
(2) by striking the section designation and heading and all
that follows through subsection (a) and inserting the following:
``SEC. 14. ADMINISTRATION OF FUNDS.
``(a) Requirements.--
``(1) In general.--
``(A) Consolidation and reallocation of funds.--
Notwithstanding any other provision of law, all amounts
transferred to a tribe pursuant to an approved plan may be
consolidated, reallocated, and rebudgeted as specified in the
approved plan to best meet the employment, training, and
related needs of the local community served by the Indian
tribe.
``(B) Authorized use of funds.--The amounts used to carry
out a plan approved under this Act shall be administered in
such manner as the Secretary determines to be appropriate to
ensure the amounts are spent on activities authorized under the
approved plan.
``(C) Effect.--Nothing in this section interferes with the
ability of the Secretary or the lead agency to use accounting
procedures that conform to generally accepted accounting
principles, auditing procedures, and safeguarding of funds that
conform to chapter 75 of title 31, United States Code (commonly
known as the `Single Audit Act of 1984').
``(2) Separate records and audits not required.--
Notwithstanding any other provision of law (including regulations
and circulars of any agency (including Office of Management and
Budget Circular A-133)), an Indian tribe that has in place an
approved plan under this Act shall not be required--
``(A) to maintain separate records that trace any service
or activity conducted under the approved plan to the program
for which the funds were initially authorized or transferred;
``(B) to allocate expenditures among such a program; or
``(C) to audit expenditures by the original source of the
program.
``(b) Carryover.--
``(1) In general.--Any funds transferred to an Indian tribe
under this Act that are not obligated or expended prior to the
beginning of the fiscal year after the fiscal year for which the
funds were appropriated shall remain available for obligation or
expenditure without fiscal year limitation, subject to the
condition that the funds shall be obligated or expended in
accordance with the approved plan of the Indian tribe.
``(2) No additional documentation.--The Indian tribe shall not
be required to provide any additional justification or
documentation of the purposes of the approved plan as a condition
of receiving or expending the funds.
``(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.''.

5c5bc4b680c7eb7c7b7fc3575833675e07575f653ec5e2e5aacd1f271cadcff3

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,''.

b641c757fa8db63d92a8f9432c56706c2331ab91263901defc167df7f8e56023

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

62d679687857bf07b12c48f069d187dec9c5544e4701a9f142a87fd9c7bd1417

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).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Indian Employment, Training and Related Services Act of 1992 — HR. 228

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