Sec. 381. Worker training for Indians (including Alaska Natives) and Native Hawaiians
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/bill/114/s/3151/is/section-381A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The purpose of this section is to support worker training activities described in subsection
(c)for Indian (including Alaska Native) and Native Hawaiian individuals in order— to develop more fully the academic, occupational, and literacy skills of such individuals; to make such individuals more competitive in the workforce; and to promote the economic and social development of Indian (including Alaska Native) and Native Hawaiian communities in accordance with the goals and values of such communities. All programs of activities 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. The Secretary shall use funds appropriated under subsection
(j)for programs that provide worker training activities under subsection (c), by providing grants on a competitive basis to, or entering into contracts or cooperative agreements on a competitive basis with, any of the following entities: Indian tribes. Tribal organizations. Alaska Native entities. Indian-controlled organizations serving Indians. Native Hawaiian organizations. Institutions of higher education. Tribally controlled postsecondary career and technical education institutions. United Tribes Technical College. Navajo Technical University. Nonprofit organizations. An entity receiving funds made available through a grant, contract, or cooperative agreement under subsection
(b)shall use such funds for comprehensive worker training activities listed in paragraph
(2)for Indians (including Alaska Natives) and Native Hawaiians. The comprehensive worker training activities described in this subsection shall include— activities related to— skills assessment; job skills and readiness training; on-the-job training; job development and placement; educational attainment, including attainment of literacy, remedial, and postsecondary education and career and technical education; vocational rehabilitation, as described in section 375(a); enabling program participation and preparing for, obtaining, and retaining employment or educational opportunities; and other activities the Secretary determines will promote education and employment of Indians (including Alaska Natives) or Native Hawaiians; and services to supplement the activities described in subparagraph
(A)for youth who are Indians (including Alaska Natives) or Native Hawaiians. This section shall not be construed to— limit the eligibility of any entity described in subsection
(b)to participate in any activity offered by a State or local entity under this Act; or preclude or discourage any agreement, between any entity described in such subsection and any State or local entity, to facilitate the provision of services by such entity or to the population served by such entity. Using funds appropriated under subsection
(j)to carry out this section, the Secretary shall establish a council to be known as the Native American Employment and Training Council (referred to in this section as the Council ), to carry out the duties under paragraph (3). The Council shall be composed of individuals, appointed by the Secretary, who are representatives of the entities described in subsection (b). The Council shall advise the Secretary on all aspects of the operation and administration of the programs assisted under this section. The Council may provide technical assistance to entities that receive assistance under this section to enable such entities to improve their performance on the activities under subsection (c). Members of the Council shall serve without compensation. Notwithstanding section 1342 of title 31, United States Code, the Secretary may accept the voluntary and uncompensated services of members of the Council. 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. The Secretary shall provide the Council with such administrative support as may be necessary to perform the functions of the Council. The Council shall select a chairperson from among its members. The Council shall have not fewer than 2 meetings each year. Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council. An Indian tribe that administers funds provided under this section and funds provided by more than one 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. Grants, contracts, and cooperative agreements entered into under this section shall be subject to the requirements of chapter 75 of title 31, United States Code (commonly known as the Single Audit Act of 1984 ). The charging of costs under this section shall be subject to appropriate circulars issued by the Office of Management and Budget. Notwithstanding any other provision of law, the Secretary is authorized to provide assistance to American Samoa individuals who reside in Hawaii for the co-location of federally funded and State-funded worker training services and activities. In this section, the term tribally controlled postsecondary career and technical institution means an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ), except that subsection (a)(2) of such section shall not be applicable and the reference to Secretary in subsection (a)(5) of such section shall be deemed to refer to the Secretary of the Interior) that— is formally controlled, or has been formally sanctioned or chartered, by the governing body of an Indian tribe or Indian tribes; offers a technical degree or certificate granting program; is governed by a board of directors or trustees, a majority of whom are Indians; demonstrates adherence to stated goals, a philosophy, or a plan of operation, that fosters individual Indian economic and self-sufficiency opportunity, including programs that are appropriate to stated tribal goals of developing individual entrepreneurships and self-sustaining economic infrastructures on reservations; has been in operation for at least 3 years; holds accreditation with or is a candidate for accreditation by a nationally recognized accrediting authority for postsecondary career and technical education; and enrolls the full-time equivalent of not less than 100 students, of whom a majority are Indians. For the purpose of providing funds under subsections
(b)and (e), there is authorized to be appropriated, and there is appropriated, for fiscal year 2016 the amount of the reservation under section 110(c) of the Rehabilitation Act of 1973 ( 29 U.S.C. 730(c) ), as in effect on the day before the effective date of this title, for fiscal year 2015, increased by the percentage change in the Consumer Price Index, determined in a manner similar to the determination under section 100(c) of such Act ( 29 U.S.C. 720(c) ), as in effect on that day. For the purpose of providing funds under subsections
(b)and (e), there is authorized to be appropriated, and there is appropriated, for fiscal year 2017 and each succeeding fiscal year the amount of the appropriation under this subsection for the immediately preceding fiscal year, increased by the percentage change in the Consumer Price Index, as so determined. There is authorized to be appropriated to carry out this subtitle— $110,781,535 for fiscal year 2016; $111,821,535 for fiscal year 2017; $112,956,535 for fiscal year 2018; $114,186,535 for fiscal year 2019; and $115,322,535 for fiscal year 2020.
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Sec. 381
Worker training for Indians (including Alaska Natives) and Native Hawaiians
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