[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.

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