NATIVE AMERICAN AND MIGRANT PROGRAMS.

SEC. 401. NATIVE AMERICAN AND MIGRANT PROGRAMS. (a) Performance Standards.— Section 401(h)(1)) of the Act (29 U.S.C. 1671(h)(1)) is amended by inserting “pursuant to section 106” after “performance standards”. (b) Native American Programs.—Section 401(j) of the Act (29 U.S.C. 167l(j)) is amended to read as follows: “(j) (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 Act. “(2) Such organizational unit shall— “(A) be responsible for administering the provisions of the Native American programs authorized under this Act, 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.”. (c) Permanent Advisory Council.—Section 401 of the Act (29 U.S.C. 1671) is amended by adding at the end the following new subsection: “(k) (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 Act. A majority of the members of the Council shall have field experience in the daily operation of the program authorized under this section. 106 STAT. 1075 “(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 the date of enactment of this subsection— “(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 section and other programs providing services to Native American youth and adults under this Act; “(C) advise and make recommendations to the Secretary with respect to the design and implementation of performance standards developed under section 106(f); “(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) 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, United States Code, for each day the member is engaged in the performance106 STAT. 1076 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.”. (d) Competition.— Section 401 of the Act (29 U.S.C. 1671), as amended by subsection (c), is further amended by adding at the end the following new subsection: “(l) 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”. (e) Migrant and Seasonal Farmworker Programs.— Section 402(c)(2) of the Act (29 U.S.C. 1672(c)(2)) is amended to read as follows: “(c) (2) 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 upon receipt from the recipient of a satisfactory 2-year program plan for the succeeding 2-year grant period.”. (f) Reservation.— Section 402 of the Act (29 U.S.C. 1672) is amended by striking subsection (f). (g) Grant Procedures.— Part A of title IV of the Act (29 U.S.C. 1671 et seq.) is amended by adding at the end the following new section: “GRANT PROCEDURES “Sec. 403. Grants under sections 401 and 402 shall be subject to the Single Audit Act of 1984 (31 U.S.C. 7501 et seq.) and charging of costs under such sections shall be subject to appropriate circulars issued by the Office of Management and Budget.”.