§ 2911. — Native American programs.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 29USC2911]
TITLE 29--LABOR
CHAPTER 30--WORKFORCE INVESTMENT SYSTEMS
SUBCHAPTER IV--NATIONAL PROGRAMS
Sec. 2911. Native American programs
(a) Purpose
(1) In general
The purpose of this section is to support employment and
training activities for Indian, Alaska Native, and Native Hawaiian
individuals in order--
(A) to develop more fully the academic, occupational, and
literacy skills of such individuals;
(B) to make such individuals more competitive in the
workforce; and
(C) to promote the economic and social development of
Indian, Alaska Native, and Native Hawaiian communities in
accordance with the goals and values of such communities.
(2) Indian policy
All programs assisted under this section shall be administered
in a manner consistent with the principles of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450 et seq.)
and the government-to-government relationship between the Federal
Government and Indian tribal governments.
(b) Definitions
As used in this section:
(1) Alaska Native
The term ``Alaska Native'' means a Native as such term is
defined in section 1602(b) of title 43.
(2) Indian, Indian tribe, and tribal organization
The terms ``Indian'', ``Indian tribe'', and ``tribal
organization'' have the meanings given such terms in subsections
(d), (e), and (l), respectively, of section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(3) Native Hawaiian and Native Hawaiian organization
The terms ``Native Hawaiian'' and ``Native Hawaiian
organization'' have the meanings given such terms in section 7517 of
title 20.
(c) Program authorized
(1) In general
The Secretary shall, on a competitive basis, make grants to, or
enter into contracts or cooperative agreements with, Indian tribes,
tribal organizations, Alaska Native entities, Indian-controlled
organizations serving Indians, or Native Hawaiian organizations to
carry out the authorized activities described in subsection (d) of
this section.
(2) Exception
The competition for grants, contracts, or cooperative agreements
conducted under paragraph (1) shall be conducted every 2 years,
except that if a recipient of such a grant, contract, or agreement
has performed satisfactorily, the Secretary may waive the
requirements for such competition on receipt from the recipient of a
satisfactory 2-year program plan for the succeeding 2-year period of
the grant, contract, or agreement.
(d) Authorized activities
(1) In general
Funds made available under subsection (c) of this section shall
be used to carry out the activities described in paragraph (2)
that--
(A) are consistent with this section; and
(B) are necessary to meet the needs of Indians or Native
Hawaiians preparing to enter, reenter, or retain unsubsidized
employment.
(2) Workforce investment activities and supplemental
services
(A) In general
Funds made available under subsection (c) of this section
shall be used for--
(i) comprehensive workforce investment activities for
Indians or Native Hawaiians; or
(ii) supplemental services for Indian or Native Hawaiian
youth on or near Indian reservations and in Oklahoma,
Alaska, or Hawaii.
(B) Special rule
Notwithstanding any other provision of this section,
individuals who were eligible to participate in programs under
section 1671 of this title (as such section was in effect on the
day before August 7, 1998) shall be eligible to participate in
an activity assisted under this section.
(e) Program plan
In order to receive a grant or enter into a contract or cooperative
agreement under this section an entity described in subsection (c) of
this section shall submit to the Secretary a program plan that describes
a 2-year strategy for meeting the needs of Indian, Alaska Native, or
Native Hawaiian individuals, as appropriate, in the area served by such
entity. Such plan shall--
(1) be consistent with the purpose of this section;
(2) identify the population to be served;
(3) identify the education and employment needs of the
population to be served and the manner in which the activities to be
provided will strengthen the ability of the individuals served to
obtain or retain unsubsidized employment;
(4) describe the activities to be provided and the manner in
which such activities are to be integrated with other appropriate
activities; and
(5) describe, after the entity submitting the plan consults with
the Secretary, the performance measures to be used to assess the
performance of entities in carrying out the activities assisted
under this section.
(f) Consolidation of funds
Each entity receiving assistance under subsection (c) of this
section may consolidate such assistance with assistance received from
related programs in accordance with the provisions of the Indian
Employment, Training and Related Services Demonstration Act of 1992 (25
U.S.C. 3401 et seq.).
(g) Nonduplicative and nonexclusive services
Nothing in this section shall be construed--
(1) to limit the eligibility of any entity described in
subsection (c) of this section to participate in any activity
offered by a State or local entity under this Act; or
(2) to preclude or discourage any agreement, between any entity
described in subsection (c) of this section and any State or local
entity, to facilitate the provision of services by such entity or to
the population served by such entity.
(h) Administrative provisions
(1) Organizational unit established
The Secretary shall designate a single organizational unit
within the Department of Labor that shall have primary
responsibility for the administration of the activities authorized
under this section.
(2) Regulations
The Secretary shall consult with the entities described in
subsection (c) of this section in--
(A) establishing regulations to carry out this section,
including performance measures for entities receiving assistance
under such subsection, taking into account the economic
circumstances of such entities; and
(B) developing a funding distribution plan that takes into
consideration previous levels of funding (prior to August 7,
1998) to such entities.
(3) Waivers
(A) In general
With respect to an entity described in subsection (c) of
this section, the Secretary, notwithstanding any other provision
of law, may, pursuant to a request submitted by such entity that
meets the requirements established under subparagraph (B), waive
any of the statutory or regulatory requirements of this chapter
that are inconsistent with the specific needs of the entities
described in such subsection, except that the Secretary may not
waive requirements relating to wage and labor standards, worker
rights, participation and protection of workers and
participants, grievance procedures, and judicial review.
(B) Request and approval
An entity described in subsection (c) of this section that
requests a waiver under subparagraph (A) shall submit a plan to
the Secretary to improve the program of workforce investment
activities carried out by the entity, which plan shall meet the
requirements established by the Secretary and shall be generally
consistent with the requirements of section 2939(i)(4)(B) of
this title.
(4) Advisory council
(A) In general
Using funds made available to carry out this section, the
Secretary shall establish a Native American Employment and
Training Council to facilitate the consultation described in
paragraph (2).
(B) Composition
The Council shall be composed of individuals, appointed by
the Secretary, who are representatives of the entities described
in subsection (c) of this section.
(C) Duties
The Council shall advise the Secretary on all aspects of the
operation and administration of the programs assisted under this
section, including the selection of the individual appointed as
the head of the unit established under paragraph (1).
(D) Personnel matters
(i) Compensation of members
Members of the Council shall serve without compensation.
(ii) Travel expenses
The members of the Council shall be allowed travel
expenses, including per diem in lieu of subsistence, at
rates authorized for employees of agencies under subchapter
I of chapter 57 of title 5, while away from their homes or
regular places of business in the performance of services
for the Council.
(iii) Administrative support
The Secretary shall provide the Council with such
administrative support as may be necessary to perform the
functions of the Council.
(E) Chairperson
The Council shall select a chairperson from among its
members.
(F) Meetings
The Council shall meet not less than twice each year.
(G) Application
Section 14 of the Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the Council.
(5) Technical assistance
The Secretary, acting through the unit established under
paragraph (1), is authorized to provide technical assistance to
entities described in subsection (c) of this section that receive
assistance under subsection (c) of this section to enable such
entities to improve the activities authorized under this section
that are provided by such entities.
(6) Agreement for certain federally recognized Indian tribes
to transfer funds to the program
A federally recognized Indian tribe that administers funds
provided under this section and funds provided by more than one
State under other sections of this chapter may enter into an
agreement with the Secretary and the Governors of the affected
States to transfer the funds provided by the States to the program
administered by the tribe under this section.
(i) Compliance with single audit requirements; related requirement
Grants, contracts, and cooperative agreements entered into under
this section shall be subject to the requirements of chapter 75 of
subtitle V of title 31 (enacted by the Single Audit Act of 1984) and
charging of costs under this section shall be subject to appropriate
circulars issued by the Office of Management and Budget.
(j) Assistance to American Samoans in Hawaii
(1) In general
Notwithstanding any other provision of law, the Secretary is
authorized to provide assistance to American Samoans who reside in
Hawaii for the co-location of federally funded and State-funded
workforce investment activities.
(2) Authorization of appropriations
There are authorized to be appropriated for fiscal year 1999
such sums as may be necessary to carry out this subsection.
(Pub. L. 105-220, title I, Sec. 166, Aug. 7, 1998, 112 Stat. 1021; Pub.
L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 401(7)], Oct. 21,
1998, 112 Stat. 2681-337, 2681-411; Pub. L. 107-110, title VII,
Sec. 702(g), Jan. 8, 2002, 115 Stat. 1947.)
References in Text
The Indian Self-Determination and Education Assistance Act, referred
to in subsec. (a)(2), is Pub. L. 93-638, Jan. 4, 1975, 88 Stat. 2203, as
amended, which is classified principally to subchapter II (Sec. 450 et
seq.) of chapter 14 of Title 25, Indians. For complete classification of
this Act to the Code, see Short Title note set out under section 450 of
Title 25 and Tables.
Section 1671 of this title, referred to in subsec. (d)(2)(B), was
repealed by Pub. L. 105-220, title I, Sec. 199(b)(2), Aug. 7, 1998, 112
Stat. 1059, effective July 1, 2000.
The Indian Employment, Training and Related Services Demonstration
Act of 1992, referred to in subsec. (f), is Pub. L. 102-477, Oct. 23,
1992, 106 Stat. 2302, as amended, which is classified generally to
chapter 36 (Sec. 3401 et seq.) of Title 25, Indians. For complete
classification of this Act to the Code, see Short Title note set out
under section 3401 of Title 25 and Tables.
This Act, referred to in subsec. (g)(1), is Pub. L. 105-220, Aug. 7,
1998, 112 Stat. 936, as amended, known as the Workforce Investment Act
of 1998. For complete classification of this Act to the Code, see Short
Title note set out under section 9201 of Title 20, Education, and
Tables.
This chapter, referred to in subsec. (h)(3)(A), (6), was in the
original ``this title'' meaning title I of Pub. L. 105-220, Aug. 7,
1998, 112 Stat. 939, as amended, which enacted this chapter, repealed
sections 1501 to 1505, 1511 to 1583, 1592 to 1735, 1737 to 1791h, 1792
to 1792b, 2301 to 2314 of this title, section 211 of former Title 40,
Appendix, Public Buildings, Property, and Works, sections 11421, 11441
to 11447, 11449, 11450, 11461 to 11466, 11471, and 11472 of Title 42,
The Public Health and Welfare, and sections 42101 to 42106 of Title 49,
Transportation, enacted provisions set out as notes under sections 1501,
2301, and 2940 of this title and section 11421 of Title 42, and repealed
provisions set out as notes under sections 801 and 2301 of this title
and section 1255a of Title 8, Aliens and Nationality. For complete
classification of title I to the Code, see Tables.
The Federal Advisory Committee Act, referred to in subsec.
(h)(4)(G), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,
which is set out in the Appendix to Title 5, Government Organization and
Employees.
The Single Audit Act of 1984, referred to in subsec. (i), is Pub. L.
98-502, Oct. 19, 1984, 98 Stat. 2327, as amended, which is classified
generally to chapter 75 (Sec. 7501 et seq.) of Title 31, Money and
Finance. For complete classification of this Act to the Code, see Short
Title of 1984 Amendment note set out under section 7501 of Title 31 and
Tables.
Prior Provisions
Provisions similar to this section were contained in sections 1671
and 1673 of this title prior to repeal by Pub. L. 105-220.
Amendments
2002--Subsec. (b)(3). Pub. L. 107-110 substituted ``section 7517 of
title 20'' for ``paragraphs (1) and (3), respectively, of section 7912
of title 20''.
1998--Subsec. (h)(3)(A). Pub. L. 105-277 substituted ``subparagraph
(B)'' for ``paragraph (2)''.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with
respect to certain noncompetitive programs and competitive programs, see
section 5 of Pub. L. 107-110, set out as an Effective Date note under
section 6301 of Title 20, Education.
Section Referred to in Other Sections
This section is referred to in sections 2852, 2914, 2915, 2918, 2919
of this title.
