Page 669 TITLE 29—LABOR § 1671

1995 to carry out this section. The total amount

appropriated for all 5 such fiscal years shall not

exceed $250,000,000. Amounts appropriated pursuant to this subsection shall remain available

until expended.

(i) Regulations

The Secretary shall prescribe regulations to

carry out this section not later than 180 days

after November 15, 1990.

(j) GAO assessment of effects of Clean Air Act

compliance on employment

The Comptroller General of the United States

shall—

(1) identify and assess, to the extent possible, the effects on employment that are attributable to compliance with the provisions

of the Clean Air Act [42 U.S.C. 7401 et seq.];

and

(2) submit to the Congress on the 4th anniversary of November 15, 1990, a written report

on the assessments required under paragraph

(1).

(Pub. L. 97–300, title III, §326, as added Pub. L.

101–549, title XI, §1101(a), Nov. 15, 1990, 104 Stat.

2709; amended Pub. L. 102–367, title I, §102(b),

Sept. 7, 1992, 106 Stat. 1024.)

REFERENCES IN TEXT

The Clean Air Act, referred to in subsecs. (a)(1)(B),

(b)(1), and (j)(1), is act July 14, 1955, ch. 360, 69 Stat. 322,

as amended, which is classified generally to chapter 85

(§7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the

Code, see Short Title note set out under section 7401 of

Title 42 and Tables.

CODIFICATION

November 15, 1990, referred to in subsec. (j)(2), was in

the original ‘‘the date of the enactment of this subtitle’’, and was translated as meaning the date of the

enactment of Pub. L. 101–549 which enacted this section, to reflect the probable intent of Congress because

the Job Training Partnership Act which is classified to

this chapter does not contain subtitles.

AMENDMENTS

1992—Subsec. (h). Pub. L. 102–367 substituted ‘‘1502(b)’’

for ‘‘1502(c)’’.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102–367 effective July 1, 1993,

see section 701(a) of Pub. L. 102–367, set out as an Effective Date of 1992 Amendment; Transition Provisions

note under section 1501 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1502, 1662d–1 of

this title.

SUBCHAPTER IV—FEDERALLY

ADMINISTERED PROGRAMS

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 31 section 6703;

title 42 section 4368a.

PART A—EMPLOYMENT AND TRAINING PROGRAMS

FOR NATIVE AMERICANS AND MIGRANT AND

SEASONAL FARMWORKERS

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 1502, 1516 of this

title.

§ 1671. Native American programs

(a) Congressional findings

The Congress finds that (1) serious unemployment and economic disadvantages exist among

members of Indian, Alaskan Native, and Hawaiian Native communities; (2) there is a compelling need for the establishment of comprehensive training and employment programs for

members of those communities; and (3) such programs are essential to the reduction of economic

disadvantages among individual members of

those communities and to the advancement of

economic and social development in the communities consistent with their goals and lifestyles.

(b) Congressional declaration of guidelines

The Congress therefore declares that, because

of the special relationship between the Federal

Government and most of the individuals to be

served by the provisions of this section, (1) such

programs shall be administered at the national

level; (2) such programs shall be available to federally recognized Indian tribes, bands, and

groups and to other groups and individuals of

Native American descent; and (3) such programs

shall be administered in such a manner as to

maximize the Federal commitment to support

growth and development as determined by representatives of the communities and groups

served by this section.

(c) Operation through Native American organizations where possible

(1)(A) In carrying out responsibilities under

this section, the Secretary shall, wherever possible, utilize Indian tribes, bands, or groups on

Federal or State reservations, Oklahoma Indians, and including for the purpose of this chapter, Alaska Native villages or groups as defined

in the Alaska Native Claims Settlement Act [43

U.S.C. 1601 et seq.], having a governing body for

the provision of employment and training services under this section. When the Secretary determines that such tribe, band, or group has

demonstrated the capability to effectively administer a comprehensive employment and

training program, the Secretary shall require

such tribe, band, or group to submit a comprehensive plan meeting such requirements as the

Secretary prescribes.

(B) The Secretary shall arrange for programs

to meet the employment and training needs of

Hawaiian natives through such organizations as

the Secretary determines will best meet their

needs.

(2) In carrying out responsibilities under this

section, the Secretary shall make arrangements

with organizations (meeting requirements prescribed by the Secretary) serving nonreservation

Native Americans for programs and projects designed to meet the needs of such Native Americans for employment and training and related

services.

(d) Alternative operation through approved organizations

Whenever the Secretary determines not to utilize Indian tribes, bands, or groups for the provision of employment and training services under

this section, the Secretary shall, to the maximum extent feasible, enter into arrangements
§ 1671 TITLE 29—LABOR Page 670

for the provision of such services with organizations which meet with the approval of the

tribes, bands, or groups to be served.

(e) Monitoring of programs

The Secretary is directed to take appropriate

action to establish administrative procedures

and machinery (including personnel having particular competence in this field) for the selection, administration, monitoring, and evaluation of Native American employment and training programs authorized under this chapter.

(f) Availability of funds for other job training activities

Funds available for this section shall be expended for programs and activities consistent

with the purposes of this section including but

not limited to such programs and activities carried out by recipients under other provisions of

this chapter.

(g) Continuation of Federal trust responsibilities

No provision of this section shall abrogate in

any way the trust responsibilities of the Federal

Government to Native American bands, tribes,

or groups.

(h) Consultation with Native Americans in prescription of regulations; performance goals

(1) The Secretary shall, after consultation

with representatives of Indians and other Native

Americans, prescribe such rules, regulations,

and performance standards pursuant to section

1516 of this title relating to Native American

programs under this section as may be required

to meet the special circumstances under which

such programs operate.

(2) Recipients of funds under this section shall

establish performance goals, which shall, to the

extent required by the Secretary, comply with

performance standards established by the Secretary pursuant to section 1516 of this title.

(i) Technical assistance to Native American organizations

The Secretary shall provide technical assistance as necessary to tribes, bands, and groups

eligible for assistance under this section.

(j) Organizational unit responsible for administration

(1) The Secretary shall designate a single organizational unit that shall have as its primary

responsibility the administration of all Native

American programs authorized under this chapter.

(2) Such organizational unit shall—

(A) be responsible for administering the provisions of the Native American programs authorized under this chapter, including monitoring such programs and making recommendations regarding the selection of the recipients of financial assistance;

(B) be responsible for the development of the

policies and procedures related to the implementation of such programs; and

(C) coordinate the development of policy and

procedures for the employment and training

programs within the Department relating to

services for Native American workers.

(3) In the hiring and promotion of the professional staff for the organizational unit designated under paragraph (1), special consideration shall be given to individuals who have

field experience in the daily operation of service

and training programs for Native Americans,

and individuals who are Indians or Alaskan Natives. The Secretary shall take such additional

actions as may be necessary to promote the recruitment and promotion of Indians, Alaskan

Natives, and Hawaiian Natives to positions in

such unit.

(k) Native American Employment and Training

Council

(1) There is hereby established a Native American Employment and Training Council (referred

to in this subsection as the ‘‘Council’’), which

shall consist of not fewer than 17 Indians, Alaskan Natives, and Hawaiian Natives appointed by

the Secretary from among individuals nominated by Indian tribes or Indian, Alaskan Native, or Hawaiian Native organizations. The

membership of the Council shall represent all

geographic areas of the United States with a

substantial Indian, Alaskan Native, or Hawaiian

Native population and shall include representatives of tribal governments and of nonreservation Native American organizations who are

service providers under this chapter. A majority

of the members of the Council shall have field

experience in the daily operation of the program

authorized under this section.

(2) The Council shall select a chairperson from

among its members by a majority vote. The

Council shall meet not less often than twice

each program year.

(3) Members of the Native American Programs

Advisory Committee that existed before September 7, 1992—

(A) shall serve as members of the Council

until their successors are appointed; and

(B) may be appointed as members of the

Council, if such appointment is consistent

with the provisions of this subsection.

(4) Each member of the Council shall serve for

a term of 2 years, except that—

(A) one-half of the members initially appointed (as designated by the Secretary) shall

serve for terms of 1 year;

(B) any vacancy occurring in the membership of the Council shall be filled in the same

manner as the original appointment, and shall

not affect the power of the remaining members to execute the duties of the Council;

(C) any member appointed to such a vacancy

shall serve for the remainder of the term for

which the predecessor of the member was appointed; and

(D) members may be reappointed.

(5) The initial membership of the Council shall

be appointed not later than the beginning of

program year 1993.

(6) The Council shall—

(A) solicit the views of a wide variety of Indian tribes and Native American groups, including groups operating employment and

training programs funded under this section,

on issues affecting the operation and administration of such programs;

(B) advise the Secretary with respect to the

implementation of programs under this sec-
Page 671 TITLE 29—LABOR § 1672

tion and other programs providing services to

Native American youth and adults under this

chapter;

(C) advise and make recommendations to the

Secretary with respect to the design and implementation of performance standards developed under section 1516(f) of this title;

(D) advise and make recommendations to

the Secretary with respect to the services obtained or to be obtained by the Department of

Labor through contracts or arrangements with

non-Federal agencies or entities that involve

the program authorized by this section;

(E) evaluate the effectiveness of Native

American job training programs and make

recommendations with respect to the improvement of such programs;

(F) advise the Secretary with respect to individuals to be considered to fill the position

of the official in charge of the organizational

unit designated under subsection (j)(1) of this

section whenever a vacancy in such position

occurs; and

(G) prepare and submit directly to the Secretary and to the Congress, not later than

January 1 of each even numbered year, a report containing information on the progress of

Native American job training programs and

recommendations for improving their administration and effectiveness.

(7) Members of the Council shall serve without

compensation. Each member of the Council shall

receive 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 for each day the member is engaged in the performance of duties away from

the home or regular place of business of the

member.

(8) The Secretary shall provide the Council

with such administrative support as may be necessary to perform its functions.

(l) Competition for grants; waiver; 2-year grant

period

The competition for grants under this section

shall be conducted every 2 years, except that if

a recipient of such a grant has performed satisfactorily under the terms of the existing grant

agreement, the Secretary may waive the requirement for such competition on receipt from

the recipient of a satisfactory 2-year program

plan for the succeeding 2-year grant period.

(Pub. L. 97–300, title IV, §401, Oct. 13, 1982, 96

Stat. 1368; Pub. L. 97–404, §4(a), Dec. 31, 1982, 96

Stat. 2026; Pub. L. 102–367, title IV, §401(a)–(d),

Sept. 7, 1992, 106 Stat. 1074–1076.)

REFERENCES IN TEXT

The Alaska Native Claims Settlement Act, referred

to in subsec. (c)(1)(A), is Pub. L. 92–203, Dec. 18, 1971, 85

Stat. 688, as amended, which is classified generally to

chapter 33 (§1601 et seq.) of Title 43, Public Lands. For

complete classification of this Act to the Code, see

Short Title note set out under section 1601 of Title 43

and Tables.

AMENDMENTS

1992—Subsec. (h)(1). Pub. L. 102–367, §401(a), inserted

‘‘pursuant to section 1516 of this title’’ after ‘‘performance standards’’.

Subsec. (j). Pub. L. 102–367, §401(b), amended subsec.

(j) generally. Prior to amendment, subsec. (j) read as

follows: ‘‘For the purpose of carrying out this section,

the Secretary shall reserve, from funds available for

this subchapter (other than part B of this subchapter)

for any fiscal year, an amount equal to 3.3 percent of

the amount available for part A of subchapter II of this

chapter for such fiscal year.’’

Subsec. (k). Pub. L. 102–367, §401(c), added subsec. (k).

Subsec. (l). Pub. L. 102–367, §401(d), added subsec. (l).

1982—Subsec. (h)(2). Pub. L. 97–404 substituted reference to section 1516 of this title for reference to section 1513 of this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102–367 effective July 1, 1993,

see section 701(a) of Pub. L. 102–367, set out as an Effective Date of 1992 Amendment; Transition Provisions

note under section 1501 of this title.

TERMINATION OF ADVISORY COUNCILS

Advisory councils established after Jan. 5, 1973, to

terminate not later than the expiration of the 2-year

period beginning on the date of their establishment,

unless, in the case of a council established by the President or an officer of the Federal Government, such

council is renewed by appropriate action prior to the

expiration of such 2-year period, or in the case of a

council established by Congress, its duration is otherwise provided by law. See sections 3(2) and 14 of Pub. L.

92–463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1502, 1631, 1673,

1781, 1782a, 1782h, 1783, 1784a, 1784b of this title.

§ 1672. Migrant and seasonal farmworker programs

(a) Congressional findings

The Congress finds and declares that—

(1) chronic seasonal unemployment and

underemployment in the agricultural industry, aggravated by continual advancements in

technology and mechanization resulting in

displacement, constitute a substantial portion

of the Nation’s rural employment problem and

substantially affect the entire national economy; and

(2) because of the special nature of farmworker employment and training problems,

such programs shall be centrally administered

at the national level.

(b) Monitoring of programs for migrant and seasonal employment

The Secretary is directed to take appropriate

action to establish administrative procedures

and machinery (including personnel having particular competence in this field) for the selection, administration, monitoring, and evaluation of migrant and seasonal employment and

training programs authorized under this chapter.

(c) Operation through experienced organizations; use of procedures consistent with competitive procurement policies; competition

for grants; waiver; goals of programs; recipient performance goals; section programs not

exclusive of other kinds of aid

(1) The Secretary shall provide services to

meet the employment and training needs of migrant and seasonal farmworkers through such

public agencies and private nonprofit organiza-