Page:United States Statutes at Large Volume 112 Part 2.djvu/139

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^ «-W<5 feC.g'JEa#t.<SaBS«*'^'-W PUBLIC LAW 105-220—AUG. 7, 1998 112 STAT. 1023 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 Dy 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