AMENDMENTS TO THE INDIAN EMPLOYMENT, TRAINING AND RELATED SERVICES DEMONSTRATION ACT OF 1992.

SEC. 1103. AMENDMENTS TO THE INDIAN EMPLOYMENT, TRAINING AND RELATED SERVICES DEMONSTRATION ACT OF 1992. (a) Definitions.—Section 3 of the Indian Employment, Training, and Related Services Demonstration Act of 1992 (25 U.S.C. 3402) is amended— (1) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respectively; and (2) by inserting before paragraph (2) the following: “(1) Federal agency.—The term ‘federal agency’ has the same meaning given the term ‘agency’ in section 551(1) of title 5, United States Code.”. (b) Programs Affected.—Section 5 of the Indian Employment, Training, and Related Services Demonstration Act of 1992 (25 U.S.C. 3404) is amended by striking “job training, tribal work experience, employment opportunities, or skill development, or any program designed for the enhancement of job opportunities or employment training” and inserting the following: “assisting Indian youth and adults to succeed in the workforce, encouraging self-sufficiency, familiarizing Indian Youth and adults with the world 114 STAT. 2932 of work, facilitating the creation of job opportunities and any services related to these activities”. (c) Plan Review.—Section 7 of the Indian Employment, Training, and Related Services Demonstration Act of 1992 (25 U.S.C. 3406) is amended— (1) by striking “Federal department” and inserting “Federal agency”; (2) by striking “Federal departmental” and inserting “Federal agency”; (3) by striking “department” each place it appears and inserting “agency”; and (4) in the third sentence, by inserting “statutory requirement,”, after “to waive any”. (d) Plan Approval.—Section 8 of the Indian Employment, Training, and Related Services Demonstration Act of 1992 (25 U.S.C. 3407) is amended— (1) in the first sentence, by inserting before the period at the end the following; “, including any request for a waiver that is made as part of the plan submitted by the tribal government”; and (2) in the second sentence, by inserting before the period at the end the following; “, including reconsidering the disapproval of any waiver requested by the Indian tribe”. (e) Job Creation Activities Authorized.—Section 9 of the Indian Employment, Training, and Related Services Demonstration Act of 1992 (25 U.S.C. 3407) is amended— (1) by inserting “(a) In General.— (2) by adding at the end the following: “(b) Job Creation Opportunities.— “(1) In general.—Notwithstanding any other provisions of law, including any requirement of a program that is integrated under a plan under this Act, a tribal government may use a percentage of the funds made available under this Act (as determined under paragraph (2)) for the creation of employment opportunities, including providing private sector training placement under section 10. “(2) Determination of percentage.—The percentage of funds that a tribal government may use under this subsection is the greater of— “(A) the rate of unemployment in the service area of the tribe up to a maximum of 25 percent; or “(B) 10 percent. “(c) Limitation.—The funds used for an expenditure described in subsection (a) may only include funds made available to the Indian tribe by a Federal agency under a statutory or administrative formula.”.