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DINAP Workforce Investment Act of 1998

Excerpt from the text of the Workforce Investment Act of 1998


Subtitle D--National Programs


     SEC. 166. 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 3(b) of the Alaska 

     Native Claims Settlement Act (43 U.S.C. 1602(b)).

       (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 

     paragraphs (1) and (3), respectively, of section 9212 of the 

     Native Hawaiian Education Act (20 U.S.C. 7912).

       (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).

       (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) 

     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) 

     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 401 of the Job Training Partnership 

     Act (29 U.S.C. 1671) (as such section was in effect on the 

     day before the date of enactment of this Act) 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) 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) 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) 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) 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) 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 the date 

     of enactment of this Act) to such entities.

       (3) Waivers.--

       (A) In general.--With respect to an entity described in 

     subsection (c), the Secretary, notwithstanding any other 

     provision of law, may, pursuant to a request submitted by 

     such entity that meets the requirements established under 

     paragraph (2), waive any of the statutory or regulatory 

     requirements of this title 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) 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 189(i)(4)(B).

       (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).

       (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, United States 

     Code, 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) that receive assistance under subsection (c) 

     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 1 State under 

     other sections of this title 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, United 

     States Code (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.

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