29 U.S.C. § 3221 — Native American programs

Page 908 TITLE 29—LABOR § 3212 1 See References in Text note below. (B) submit an additional financial report under paragraph (1) for each 6-month period subsequent to the finding of the budgetary shortfall until the Secretary demonstrates, through such report, that the Job Corps pro- gram has no budgetary shortfall. (b) Third-party review Every 5 years after July 22, 2014, the Secretary shall provide for a third-party review of the Job Corps program under this part that addresses all of the areas described in subparagraphs (A) through (G) of section 3224(a)(2) of this title. The results of the review shall be submitted to the Committee on Education and the Workforce of the House of Representatives and the Com- mittee on Health, Education, Labor, and Pen- sions of the Senate. (c) Criteria for Job Corps center closures By not later than December 1, 2014, the Sec- retary shall establish written criteria that the Secretary shall use to determine when a Job Corps center supported under this part is to be closed and how to carry out such closure, and shall submit such criteria to the applicable com- mittees. (d) Definition of applicable committees In this section, the term ‘‘applicable commit- tees’’ means— (1) the Committee on Education and the Workforce of the House of Representatives; (2) the Subcommittee on Labor, Health and Human Services, Education, and Related Agencies of the Committee of Appropriations of the House of Representatives; (3) the Committee on Health, Education, Labor, and Pensions of the Senate; and (4) the Subcommittee on Labor, Health and Human Services, Education, and Related Agencies of the Committee of Appropriations of the Senate. (Pub. L. 113–128, title I, § 161, July 22, 2014, 128 Stat. 1558.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first full pro- gram year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title. § 3212. Authorization of appropriations There are authorized to be appropriated to carry out this part— (1) $1,688,155,000 for fiscal year 2015; (2) $1,818,548,000 for fiscal year 2016; (3) $1,856,283,000 for fiscal year 2017; (4) $1,897,455,000 for fiscal year 2018; (5) $1,942,064,000 for fiscal year 2019; and (6) $1,983,236,000 for fiscal year 2020. (Pub. L. 113–128, title I, § 162, July 22, 2014, 128 Stat. 1559.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first full pro- gram year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title. PART D—NATIONAL PROGRAMS Statutory Notes and Related Subsidiaries DEFINITION OF ‘‘SECRETARY’’ In this part, ‘‘Secretary’’ means the Secretary of Labor, see section 3151(b)(1)(C)(ii)(II) of this title. § 3221. Native American programs (a) Purpose (1) In general The purpose of this section is to support em- ployment and training activities for Indian, Alaska Native, and Native Hawaiian individ- uals in order— (A) to develop more fully the academic, oc- cupational, and literacy skills of such indi- viduals; (B) to make such individuals more com- petitive in the workforce and to equip them with the entrepreneurial skills necessary for successful self-employment; and (C) to promote the economic and social de- velopment of Indian, Alaska Native, and Na- tive Hawaiian communities in accordance with the goals and values of such commu- nities. (2) Indian policy All programs assisted under this section shall be administered in a manner consistent with the principles of the Indian Self-Deter- mination and Education Assistance Act (25 U.S.C. 450 et seq.) 1 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’’ includes a Native and a descendant of a Native, as such terms are defined in subsections (b) and (r) of section 1602 of title 43. (2) Indian, Indian tribe, and tribal organiza- tion The terms ‘‘Indian’’, ‘‘Indian tribe’’, and ‘‘tribal organization’’ have the meanings given such terms in subsections (d), (e), and (l), re- spectively, of section 4 of the Indian Self-De- termination and Education Assistance Act (25 U.S.C. 450b).1 (3) Native Hawaiian and Native Hawaiian orga- nization The terms ‘‘Native Hawaiian’’ and ‘‘Native Hawaiian organization’’ have the meanings given such terms in section 7517 of title 20. (c) Program authorized Every 4 years, the Secretary shall, on a com- petitive basis, make grants to, or enter into con- tracts or cooperative agreements with, Indian tribes, tribal organizations, Alaska Native enti- ties, Indian-controlled organizations serving In- dians, or Native Hawaiian organizations to carry Page 909 TITLE 29—LABOR § 3221 out the authorized activities described in sub- section (d). (d) Authorized activities (1) In general Funds made available under subsection (c) shall be used to carry out the activities de- scribed in paragraph (2) that— (A) are consistent with this section; and (B) are necessary to meet the needs of In- dians, Alaska Natives, or Native Hawaiians preparing to enter, reenter, or retain unsub- sidized employment leading to self-suffi- ciency. (2) Workforce development activities and sup- plemental services (A) In general Funds made available under subsection (c) shall be used for— (i) comprehensive workforce develop- ment activities for Indians, Alaska Na- tives, or Native Hawaiians, including training on entrepreneurial skills; or (ii) supplemental services for Indian, Alaska Native, or Native Hawaiian youth on or near Indian reservations and in Okla- homa, 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 eligi- ble to participate in an activity assisted under this section. (e) Program plan In order to receive a grant or enter into a con- tract or cooperative agreement under this sec- tion, an entity described in subsection (c) shall submit to the Secretary a program plan that de- scribes a 4-year strategy for meeting the needs of Indian, Alaska Native, or Native Hawaiian in- dividuals, as appropriate, in the area served by such entity. Such plan shall— (1) be consistent with the purpose of this sec- tion; (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 em- ployment leading to self-sufficiency; (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 perform- ance accountability measures to be used to as- sess the performance of entities in carrying out the activities assisted under this section, which shall include the primary indicators of performance described in section 3141(b)(2)(A) of this title and expected levels of performance for such indicators, in accordance with sub- section (h). (f) Consolidation of funds Each entity receiving assistance under sub- section (c) may consolidate such assistance with assistance received from related programs in ac- cordance with the provisions of the Indian Em- ployment, Training and Related Services Dem- onstration Act of 1992 (25 U.S.C. 3401 et seq.).1 (g) Nonduplicative and nonexclusive services Nothing in this section shall be construed— (1) to limit the eligibility of any entity de- scribed 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) Performance accountability measures (1) Additional performance indicators and standards (A) Development of indicators and standards The Secretary, in consultation with the Native American Employment and Training Council, shall develop a set of performance indicators and standards that is in addition to the primary indicators of performance de- scribed in section 3141(b)(2)(A) of this title and that shall be applicable to programs under this section. (B) Special considerations Such performance indicators and stand- ards shall take into account— (i) the purpose of this section as de- scribed in subsection (a)(1); (ii) the needs of the groups served by this section, including the differences in needs among such groups in various geographic service areas; and (iii) the economic circumstances of the communities served, including differences in circumstances among various geo- graphic service areas. (2) Agreement on adjusted levels of perform- ance The Secretary and the entity described in subsection (c) shall reach agreement on the levels of performance for each of the primary indicators of performance described in section 3141(b)(2)(A) of this title, taking into account economic conditions, characteristics of the in- dividuals served, and other appropriate factors and using, to the extent practicable, the sta- tistical adjustment model under section 3141(b)(3)(A)(viii) of this title. The levels agreed to shall be the adjusted levels of per- formance and shall be incorporated in the pro- gram plan. (i) Administrative provisions (1) Organizational unit established The Secretary shall designate a single orga- nizational unit within the Department of Labor that shall have primary responsibility for the administration of the activities au- thorized under this section. (2) Regulations The Secretary shall consult with the enti- ties described in subsection (c) in— (A) establishing regulations to carry out this section, including regulations relating Page 910 TITLE 29—LABOR § 3221 to the performance accountability measures for entities receiving assistance under this section; and (B) developing a funding distribution plan that takes into consideration previous levels of funding (prior to July 22, 2014) to such en- tities. (3) Waivers (A) In general With respect to an entity described in sub- section (c), 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 sub- chapter that are inconsistent with the spe- cific needs of the entity 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 im- prove 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 con- sistent with the requirements of section 3249(i)(3)(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 de- scribed in paragraph (2) and to provide the advice described in subparagraph (C). (B) Composition The Council shall be composed of individ- uals, appointed by the Secretary, who are representatives of the entities described in subsection (c). (C) Duties The Council shall advise the Secretary on the operation and administration of the pro- grams assisted under this section, including the selection of the individual appointed as head of the unit established under paragraph (1). (D) Personnel matters (i) Compensation of members Members of the Council shall serve with- out compensation. (ii) Travel expenses The members of the Council shall be al- lowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under sub- chapter 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 1013 of title 5 shall not apply to the Council. (5) Technical assistance The Secretary, acting through the unit es- tablished under paragraph (1), is authorized to provide technical assistance to entities de- scribed in subsection (c) that receive assist- ance under such subsection to enable such en- tities 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 pro- gram A federally recognized Indian tribe that ad- ministers funds provided under this section and funds provided by more than one State under other sections of this subchapter 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. (j) Compliance with single audit requirements; related requirement Grants made and contracts and cooperative agreements entered into under this section shall be subject to the requirements of chapter 75 of subtitle V of title 31, and charging of costs under this section shall be subject to appropriate cir- culars issued by the Office of Management and Budget. (k) Assistance to unique populations in Alaska and Hawaii (1) In general Notwithstanding any other provision of law, the Secretary is authorized to award grants, on a competitive basis, to entities with dem- onstrated experience and expertise in devel- oping and implementing programs for the unique populations who reside in Alaska or Hawaii, including public and private nonprofit organizations, tribal organizations, American Indian tribal colleges or universities, institu- tions of higher education, or consortia of such organizations or institutions, to improve job training and workforce investment activities for such unique populations. (2) Authorization of appropriations There are authorized to be appropriated to carry out this subsection— (A) $461,000 for fiscal year 2015; (B) $497,000 for fiscal year 2016; Page 911 TITLE 29—LABOR § 3222 (C) $507,000 for fiscal year 2017; (D) $518,000 for fiscal year 2018; (E) $530,000 for fiscal year 2019; and (F) $542,000 for fiscal year 2020. (Pub. L. 113–128, title I, § 166, July 22, 2014, 128 Stat. 1560; Pub. L. 114–95, title IX, § 9215(yyy)(4), Dec. 10, 2015, 129 Stat. 2192; Pub. L. 117–286, § 4(a)(192), Dec. 27, 2022, 136 Stat. 4327.) Editorial Notes REFERENCES IN TEXT The Indian Self-Determination and Education Assist- ance Act, referred to in subsecs. (a)(2) and (b)(2), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which was classified principally to subchapter II (§ 450 et seq.) of chapter 14 of Title 25, Indians, prior to editorial reclassification as chapter 46 (§ 5301 et seq.) of Title 25. Section 4 of the Act was classified to section 450b of Title 25 prior to editorial reclassification as section 5304 of Title 25. For complete classification of this Act to the Code, see Short Title note set out under section 5301 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, § 199(b)(2), Aug. 7, 1998, 112 Stat. 1059, effective July 1, 2000. The Indian Employment, Training and Related Serv- ices Demonstration Act of 1992, referred to in subsec. (f), is Pub. L. 102–477, Oct. 23, 1992, 106 Stat. 2302, which is classified generally to chapter 36 (§ 3401 et seq.) of Title 25, Indians. The Act was renamed the Indian Em- ployment, Training and Related Services Act of 1992 by Pub. L. 115–93, § 2, Dec. 18, 2017, 131 Stat. 2026. For com- plete classification of this Act to the Code, see Short Title note set out under section 3401 of Title 25 and Ta- bles. This Act, referred to in subsec. (g)(1), is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425, known as the Work- force Innovation and Opportunity Act, which enacted this chapter, repealed chapter 30 (§ 2801 et seq.) of this title and chapter 73 (§ 9201 et seq.) of Title 20, Edu- cation, and made amendments to numerous other sec- tions and notes in the Code. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. AMENDMENTS 2022—Subsec. (i)(4)(G). Pub. L. 117–286 substituted ‘‘Section 1013 of title 5’’ for ‘‘Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.)’’. 2015—Subsec. (b)(3). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7517 of title 20. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education. EFFECTIVE DATE Section effective on the first day of the first full pro- gram year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title. § 3222. Migrant and seasonal farmworker pro- grams (a) In general Every 4 years, the Secretary shall, on a com- petitive basis, make grants to, or enter into con- tracts with, eligible entities to carry out the ac- tivities described in subsection (d). (b) Eligible entities To be eligible to receive a grant or enter into a contract under this section, an entity shall have an understanding of the problems of eligi- ble migrant and seasonal farmworkers (includ- ing dependents), a familiarity with the area to be served, and the ability to demonstrate a ca- pacity to administer and deliver effectively a di- versified program of workforce investment ac- tivities (including youth workforce investment activities) and related assistance for eligible mi- grant and seasonal farmworkers. (c) Program plan (1) In general To be eligible to receive a grant or enter into a contract under this section, an entity described in subsection (b) shall submit to the Secretary a plan that describes a 4-year strat- egy for meeting the needs of eligible migrant and seasonal farmworkers in the area to be served by such entity. (2) Contents Such plan shall— (A) describe the population to be served and identify the education and employment needs of the population to be served and the manner in which the services to be provided will strengthen the ability of the eligible mi- grant and seasonal farmworkers and depend- ents to obtain or retain unsubsidized em- ployment, or stabilize their unsubsidized employment, including upgraded employ- ment in agriculture; (B) describe the related assistance and sup- portive services to be provided and the man- ner in which such assistance and services are to be integrated and coordinated with other appropriate services; (C) describe the performance account- ability measures to be used to assess the per- formance of such entity in carrying out the activities assisted under this section, which shall include the expected levels of perform- ance for the primary indicators of perform- ance described in section 3141(b)(2)(A) of this title; (D) describe the availability and accessi- bility of local resources, such as supportive services, services provided through one-stop delivery systems, and education and train- ing services, and how the resources can be made available to the population to be served; and (E) describe the plan for providing services under this section, including strategies and systems for outreach, career planning, as- sessment, and delivery through one-stop de- livery systems. (3) Agreement on adjusted levels of perform- ance The Secretary and the entity described in subsection (b) shall reach agreement on the levels of performance for each of the primary indicators of performance described in section 3141(b)(2)(A) of this title, taking into account economic conditions, characteristics of the in-