§ 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—
(b)
Definitions
As used in this section:
(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—
(2)
Workforce investment activities and supplemental services
(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—
(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;
(g)
Nonduplicative and nonexclusive services
Nothing in this section shall be construed—
(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—
(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
(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.
(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