[Congressional Record Volume 162, Number 114 (Thursday, July 14, 2016)]
[Senate]
[Pages S5187-S5190]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
INDIAN EMPLOYMENT, TRAINING AND RELATED SERVICES CONSOLIDATION ACT OF
2015
Ms. MURKOWSKI. Mr. President, I ask unanimous consent that the Senate
proceed to the immediate consideration of Calendar No. 385, S. 1443.
The PRESIDING OFFICER. The clerk will report the bill by title.
The senior assistant legislative clerk read as follows:
A bill (S. 1443) 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.
There being no objection, the Senate proceeded to consider the bill.
Ms. MURKOWSKI. Mr. President, I ask unanimous consent that the bill
be read a third time.
The PRESIDING OFFICER. Without objection, it is so ordered.
The bill was ordered to be engrossed for a third reading and was read
the third time.
Ms. MURKOWSKI. I know of no further debate on this measure.
The PRESIDING OFFICER. Is there further debate?
Hearing none, the bill having been read the third time, the question
is, Shall it pass?
The bill (S. 1443) was passed, as follows:
S. 1443
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 2015''.
SEC. 2. AMENDMENT OF SHORT TITLE.
(a) In General.--Section 1 of the Indian Employment,
Training and Related Services Demonstration Act of 1992 (25
U.S.C. 3401 note; 106 Stat. 2302) is amended to read as
follows:
``SECTION 1. SHORT TITLE.
``This Act may be cited as the `Indian Employment, Training
and Related Services Act of 1992'.''.
(b) 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) is amended--
(1) by striking ``The purposes of this Act are to
demonstrate how Indian tribal governments can'' and inserting
``The purpose of this Act is to facilitate the ability of
Indian tribes and tribal organizations to'';
(2) by inserting ``from diverse Federal sources'' after
``they provide'';
(3) by striking ``and serve tribally-determined'' and
inserting ``, and serve tribally determined''; and
(4) by inserting ``, while reducing administrative,
reporting, and accounting costs'' after ``policy of self-
determination''.
SEC. 4. DEFINITIONS.
Section 3 of the Indian Employment, Training, and Related
Services Act of 1992 (25 U.S.C. 3402) 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. 450b).
``(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.
450b).'';
(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) 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; and
``(2) coordinate the employment, training, and related
services provided with those funds in a consolidated and
comprehensive tribal plan.''.
SEC. 6. PROGRAMS AFFECTED AND TRANSFER OF FUNDS.
Section 5 of the Indian Employment, Training and Related
Services Act of 1992 (25 U.S.C. 3404) is amended to read as
follows:
[[Page S5188]]
``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) higher education;
``(v) skill development;
``(vi) assisting Indian youth and adults to succeed in the
workforce;
``(vii) encouraging self-sufficiency;
``(viii) familiarizing individual participants with the
world of work;
``(ix) facilitating the creation of job opportunities;
``(x) economic development; or
``(xi) 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) 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.''.
SEC. 7. PLAN REQUIREMENTS.
Section 6 of the Indian Employment, Training and Related
Services Act of 1992 (25 U.S.C. 3405) 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 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.''.
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) is amended to read as
follows:
``(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).''.
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) 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
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
[[Page S5189]]
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; concurrent jurisdiction; relief.--
``(A) In general.--The district courts of the United States
shall have original jurisdiction of a civil action or claim
against the appropriate Secretary arising under this section
and over any civil action or claim against the Secretary for
money damages arising under contracts authorized by this
section.
``(B) Administrative hearing and appeal not required.--An
Indian tribe may bring a civil action or claim 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--
``(i) money damages;
``(ii) injunctive relief against any action by an officer
or employee of the United States or any agency thereof
contrary to this Act or regulations promulgated thereunder
(including immediate injunctive relief to reverse a denial of
a plan under this section or to compel the Secretary to
approve a plan); and
``(iii) a writ of mandamus 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
hereunder.
``(3) Burden of proof at hearing or appeal declining
contract; final agency action.--
``(A) In general.--With respect to any hearing or appeal
conducted under paragraph (1)(C) or any civil action brought
under paragraph (2), the Secretary shall have the burden of
proving by clear and convincing evidence the validity of the
grounds for denying approval of a plan (or portion thereof).
``(B) 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--
``(i) 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
``(ii) by an administrative judge.
``(4) Application of laws to administrative appeals.--
Section 504 of title 5, United States Code, and section 2412
of title 28, United States Code, shall apply to any
administrative appeals pending on or filed after October 5,
1988, by an Indian tribe regarding a plan under this Act.''.
SEC. 10. EMPLOYER TRAINING PLACEMENTS.
Section 10 of the Indian Employment, Training and Related
Services Act of 1992 (25 U.S.C. 3409) 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.''.
SEC. 11. FEDERAL RESPONSIBILITIES.
Section 11 of the Indian Employment, Training and Related
Services Act of 1992 (25 U.S.C. 3410) 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) 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 2014, 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
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; and
``(B) 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.''.
SEC. 12. NO REDUCTION IN AMOUNTS.
Section 12 of the Indian Employment, Training and Related
Services Act of 1992 (25 U.S.C. 3411) 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. 450 et
seq.); or
``(2) eliminate the applicability of any provision of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 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) 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
[[Page S5190]]
funding agreement awarded pursuant to title I or IV of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 450 et seq.).''.
SEC. 14. ADMINISTRATION OF FUNDS.
Section 14 of the Indian Employment, Training and Related
Services Act of 1992 (25 U.S.C. 3413) 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.
``(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)) is amended
in the first sentence--
(1) by striking ``The Secretary'' and all that follows
through ``manner,'' and inserting ``The Secretary of Labor,
in consultation with the Secretary, Indian tribes, and the
Director of the Bureau of the Census, shall''; and
(2) by striking ``, by gender,''.
SEC. 16. REPEALS; CONFORMING AMENDMENTS.
(a) Repeals.--Sections 15 and 16 of the Indian Employment,
Training and Related Services Act of 1992 (25 U.S.C. 3414,
3415) 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.
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).
Ms. MURKOWSKI. Mr. President, I ask unanimous consent that the motion
to reconsider be considered made and laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________