Sec. 505. Savings provisions for programs for Indians (including Alaska Natives) and Native Hawaiians

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Except as otherwise expressly provided, a reference in this section to a provision of section 166 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2911 ), section 121 of the Rehabilitation Act of 1973 ( 29 U.S.C. 741 ), the Indian Employment, Training and Related Services Demonstration Act of 1992 ( 25 U.S.C. 3401 et seq. ), title V of the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1861 et seq. ), and section 412 of the Social Security Act ( 42 U.S.C. 612 ) shall be considered to be a reference to such provision as in effect on the day before the effective date of this section.

For purposes of this section, unless otherwise provided or indicated by the context— the term Federal agency has the meaning given to the term agency by section 551(1) of title 5, United States Code; the term function means any duty, obligation, power, authority, responsibility, right, privilege, activity, or program; the term new authority means the authority provided under subtitle D of title III of this Act; and the term repealed authority means the authority provided under the provisions repealed by subsections (a)(3) and (b)(4) of section 501.

Notwithstanding the new authority, the agreements for the grants and contracts (including other Federal funding) listed in paragraph

(2)that are in effect on the day before the effective date of this section, or were final before the effective date of this section and are to become effective on or after the effective date of this section, shall continue in effect according to their terms until modified or terminated in accordance with law by the President, the Secretary of Labor or other authorized official, a court of competent jurisdiction, or by operation of law. The grants and contracts (including other Federal funding) described in paragraph

(1)are all grants and contracts (including Federal funding) under— section 166 of the Workforce Investment Act of 1998 ( 29 U.S.C. 2911 ); section 121 of the Rehabilitation Act of 1973 ( 29 U.S.C. 741 ); the Indian Employment, Training and Related Services Demonstration Act of 1992 ( 25 U.S.C. 3401 et seq. ); title V of the Tribally Controlled Colleges and Universities Assistance Act of 1978 ( 25 U.S.C. 1861 et seq. ); and section 412 of the Social Security Act ( 42 U.S.C. 612 ). The Director of the Office of Management and Budget shall make such dispositions of the personnel, funds, contracts, agreements, and other resources related to the grants and contracts (including other Federal funding) listed in paragraph

(2)as may be necessary to continue the agreements for the grants and contracts (including other Federal funding) for the duration described in paragraph (1). With respect to the repayment of funds received to carry out the repealed authority, all orders and determinations— which have been issued, made, or allowed to become effective by the President, any Federal agency or official thereof, or by a court of competent jurisdiction, in the performance of functions carried out under such repealed authority; and which are in effect on the day before the effective date of this section, or were final before the effective date of this section and are to become effective on or after the effective date of this section, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, the Secretary of Labor or other authorized official, a court of competent jurisdiction, or by operation of law. The provisions of this section shall not affect any proceedings or applications, in connection with adjudications regarding the repayment of funds received to carry out the repealed authority, that are pending before the Department of Labor, the Department of Education, the Department of the Interior, or the Department of Health and Human Services on the effective date of this section, but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this section had not been enacted, and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, set aside, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this paragraph shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this section had not been enacted. The provisions of this section shall not affect suits, regarding the repayment of funds received to carry out the repealed authority, that have commenced before the effective date of this section, and in all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this section had not been enacted. No suit, action, or other proceeding, regarding the repayment of funds received to carry out the repealed authority, that is commenced by or against the Department of Labor, the Department of Education, the Department of the Interior, or the Department of Health and Human Services, or by or against any individual in the official capacity of such individual as an officer of such Department, shall abate by reason of the enactment of this section. Except as otherwise provided in this section, any records in connection with functions to carry out the repealed authority shall be transferred to the Department of Labor. Subject to subsections

(c)and

(g)and notwithstanding section 1531 of title 31, United States Code, the unexpended balances of appropriations and other funds employed in connection with the repealed authority shall be returned to the general fund of the Treasury. If a provision of this section or its application to any person or circumstance is held invalid, neither the remainder of this section nor the application of the provision to other persons or circumstances shall be affected. For such period of time as may reasonably be necessary to facilitate the orderly implementation of this section, the Secretary of Labor is authorized to utilize— the services of such officers, employees, and other personnel of the Department of Labor, the Department of Education, the Department of the Interior, or the Department of Health and Human Services with respect to the new authority; and funds appropriated to carry out the repealed authority. Except with respect to the grants and contracts (including other Federal funding) described in subsection

(c)and the repayment of funds described in subsection (d), a reference in any other Federal law to the Secretary of Labor, the Secretary of Education, the Secretary of the Interior, or the Secretary of Health and Human Services, or the Department of Labor, the Department of Education, the Department of the Interior, or the Department of Health and Human Services, with regard to the repealed authority, shall be deemed to have no effect. After consultation with the appropriate committees of Congress and the Director of the Office of Management and Budget, the Secretary of Labor shall prepare and submit to Congress recommended legislation containing technical and conforming amendments to reflect the changes made by this section. Not later than 6 months after the effective date of this section, the Secretary of Labor shall submit the recommended legislation referred to in paragraph (1). Title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ) is amended— in section 402(a)(5) ( 42 U.S.C. 602(a)(5) ), by striking and is not eligible for assistance under a tribal family assistance plan approved under section 412 ; in section 403(a) ( 42 U.S.C. 603 ), as amended by section 322(b)— in paragraph (1)(B), by striking or 412(a)(1) ; and in paragraph (5)— by striking subparagraph (E); by redesignating subparagraphs

(F)through

(J)as subparagraphs

(E)through (I), respectively; in subparagraph (A)— in clause (i), by striking subparagraph

(H)and inserting subparagraph

(G); in clause (ii)(I)(ff), by striking section 403(a)(5)(K) or 454A(f)(5) and inserting subparagraph

(I)or section 454A(f)(5) ; and in clause (iv), by striking subclause

(I)and inserting the following: 75 percent of the amount obtained by subtracting, from the amount specified in subparagraph

(G)for the fiscal year, the total of the amounts reserved pursuant to subparagraphs

(E)and

(F)for the fiscal year; and ; in subparagraph (B)(v)— in the matter preceding subclause (I), by striking subparagraph

(H)and inserting subparagraph

(G); and by striking subclause

(I)and inserting the following: 25 percent of the amount obtained by subtracting, from the amount specified in subparagraph

(G)for the fiscal year, the total of the amounts reserved pursuant to subparagraphs

(E)and

(F)for the fiscal year; and ; in subparagraph (E), as so redesignated, by striking subparagraph

(H)and inserting subparagraph

(G); and in subparagraph (F)(i), as so redesignated, by striking subparagraph

(H)and inserting subparagraph

(G); in subsection 405 ( 42 U.S.C. 605 )— by striking subsection (b); by redesignating subsections

(c)and

(d)as subsections

(b)and (c), respectively; and in subsection (c), as so redesignated, by striking (c)(2) and inserting (b)(2) ; in section 406 ( 42 U.S.C. 606 ), by striking subsection

(c)and inserting the following: A State shall use a loan made to the State under this section only for any purpose for which grant amounts received by the State under section 403(a) may be used, including welfare and anti-fraud activities. ; in section 407(b)(4) ( 42 U.S.C. 607(b)(4) ), by striking under a tribal family assistance plan approved under section 412 or ; in section 409(a)(7)(B)(iii) ( 42 U.S.C. 609 ), by striking the matter following subclause (II)(bb); and in section 413(j) ( 42 U.S.C. 613(j) )— in paragraph (1)(A), by striking sections 403(a)(5) and 412(a)(3) and inserting section 403(a)(5) ; and in paragraph (2)(A), by striking and 412(a)(3) .

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