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.
