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SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Empowering Parents and Teachers for 
a Drug-Free Education Act of 2004''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) Fifty-four percent of high school seniors in 2001 had 
        used an illicit drug in their lifetime.
            (2) Forty-two percent of 12th graders, 37 percent of 10th 
        graders, and 20 percent of 8th graders in 2001 had used an 
        illicit drug in the past year.
            (3) Eighty percent of 12th graders, 70 percent of 10th 
        graders, and 51 percent of 8th graders in 2001 had used alcohol 
        in their lifetime.
            (4) Sixty-four percent of 12th graders, 48 percent of 10th 
        graders, and 23 percent of 8th graders in 2001 had been 
        intoxicated.
            (5) Use of 3,4-methylenedioxy methamphetamine (commonly 
        referred to as ``MDMA'' or ``ecstasy'') by 12th graders 
        increased from 6 percent in 1998 to 11.7 percent in 2001.
            (6) Schoolchildren who use and abuse addictive illicit 
        drugs or alcohol increase the risk to the health and safety of 
        all students and impact the learning environment of the school 
        because--
                    (A) use of illicit drugs or alcohol can lead to 
                serious health effects, the development of life-
                threatening diseases, and even death;
                    (B) use of illicit drugs like marijuana or ecstasy 
                kills brain cells in the learning centers of the brain, 
                directly impacting a student's ability to learn in 
                school;
                    (C) chemicals left in the central nervous system 
                after using marijuana cause the brain to be irritated 
                and uncontrollable, resulting in disruptive behavior in 
                the classroom;
                    (D) students who smoke cigarettes or use other 
                illicit drugs have been shown to have less desire to 
                learn, resulting in lower grade point averages when 
                compared to other students; and
                    (E) students who use illicit drugs or alcohol have 
                a higher rate of breaking school rules.

SEC. 3. DRUG-FREE SCHOOL DEMONSTRATION PROGRAMS.

    (a) Demonstration Programs.--Part A of title IV of the Elementary 
and Secondary Education Act of 1965 (20 U.S.C. 7101 et seq.; also known 
as the ``Safe and Drug-Free Schools and Communities Act'') is amended--
            (1) by redesignating subpart 4 as subpart 5; and
            (2) by inserting after subpart 3 the following:

          ``Subpart 4--Drug-Free School Demonstration Programs

``SEC. 4145. DRUG-FREE SCHOOL DEMONSTRATION PROGRAMS.

    ``(a) Grants.--The Secretary may make grants to local educational 
agencies and private schools to establish drug-free school 
demonstration programs described in subsection (b).
    ``(b) Requirements.--A grant may be made under subsection (a) only 
if the local educational agency or private school involved agrees to 
use the funds received under the grant to establish a drug-free school 
demonstration program that--
            ``(1) includes, consistent with the fourth amendment to the 
        Constitution of the United States, random drug testing of 
        students;
            ``(2) requires that any such testing be conducted using 
        only drug tests approved by the Food and Drug Administration;
            ``(3) requires that any analysis of such testing be 
        conducted by a drug-testing laboratory certified by the 
        Substance Abuse and Mental Health Services Administration, or 
        approved by the College of American Pathologists, for forensic 
        drug testing;
            ``(4) requires a review of each positive test result by a 
        medical review officer;
            ``(5) prohibits any disclosure to law enforcement officials 
        of the results of the random drug testing;
            ``(6) requires that drug-testing records be kept strictly 
        confidential in accordance with subsection (c);
            ``(7) requires, upon the submission of a report by a 
        medical review officer under subsection (c)(3) relating to a 
        preliminary positive test result, the destruction of all 
        records relating to the result if the medical review officer 
        does not confirm the result;
            ``(8) requires the destruction of all records relating to 
        drug or alcohol testing of a student when the student graduates 
        or otherwise leaves the local educational agency or private 
        school involved;
            ``(9) ensures that the parents of the students to be tested 
        are informed in detail about the random drug-testing program;
            ``(10) provides parents the right to withdraw their child 
        from participation in the random drug-testing program, and 
        ensures that parents receive notification of such right at the 
        beginning of every school year;
            ``(11) includes a clear, written policy on school behavior 
        that--
                    ``(A) prohibits students from attending school or 
                school activities under the influence of illegal drugs 
                or alcohol;
                    ``(B) prohibits the use or possession of illegal 
                drugs in school; and
                    ``(C) sets forth the consequences of violating the 
                prohibitions described in subparagraphs (A) and (B);
            ``(12) provides drug and alcohol abuse prevention training 
        for a total of not less than 2 hours for each student and staff 
        member of the local educational agency or private school 
        involved;
            ``(13) provides student access to a student assistance 
        program, including confidential assessment, referral, and 
        short-term problem resolution; and
            ``(14) provides continuing alcohol, tobacco, and drug abuse 
        prevention education.
    ``(c) Privacy Protection.--Each drug-free school demonstration 
program established with assistance made available under this section 
shall--
            ``(1) include, as reasonably necessary and appropriate, 
        practices and procedures to ensure the confidentiality of 
        student drug test results and of any participation by a student 
        in a treatment or rehabilitation program;
            ``(2) prohibit the mandatory disclosure of medical 
        information by a student unless the student tests positive for 
        drugs; and
            ``(3) require a medical review officer reviewing student 
        drug test results to report the final results of such tests in 
        writing and in a manner designed to ensure the confidentiality 
        of the results.
    ``(d) Technical Assistance.--To the extent or in the amounts 
provided in advance in appropriations Acts, the Secretary may enter 
into contracts with public and private entities to provide assistance 
related to carrying out the drug-free school demonstration programs 
established pursuant to this section.
    ``(e) Applications.--To seek a grant under this section, a local 
educational agency or private school shall submit an application to the 
Secretary at such time, in such manner, and containing such information 
as the Secretary may require.
    ``(f) Definitions.--For purposes of this section:
            ``(1) The term `medical review officer'--
                    ``(A) means a licensed physician with knowledge of 
                substance abuse disorders; and
                    ``(B) does not include any--
                            ``(i) employee of the school involved; or
                            ``(ii) employee or agent of, or any person 
                        having a financial interest in, the laboratory 
                        for which the drug test results are being 
                        reviewed.
            ``(2) The term `student' means any individual enrolled on 
        school records as eligible to attend, or actually attending, 
        school for educational purposes in any of grades 8 through 
        12.''.
    (b) Report.--Not later than 18 months after the date of the 
enactment of this Act, the Secretary of Education shall submit to the 
Congress a report on the results of the drug-free school demonstration 
programs established with assistance under this section.
    (c) Authorization of Appropriations.--Section 4003 of the 
Elementary and Secondary Education Act of 1965 (20 U.S.C. 7103) is 
amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) $25,000,000 for fiscal year 2005, and for each of 
        fiscal years 2006 and 2007, for drug-free school demonstration 
        programs under subpart 4.''.
    (d) Conforming Amendment.--The table of contents at section 2 of 
the Elementary and Secondary Education Act of 1965 is amended--
            (1) by redesignating the item relating to subpart 4 of part 
        A of title IV as the item relating to subpart 5 of part A of 
        title IV; and
            (2) by inserting after the item relating to section 4141 
        the following:

          ``subpart 4--drug-free school demonstration programs
``4145. Drug-free school demonstration programs.''.
Empowering Parents and Teachers for a Drug-Free Education Act of 2004 - Amends the Elementary and Secondary Education Act of 1965 (under provisions which are also known as the Safe and Drug-Free Schools and Communities Act) to authorize the Secretary of Education to make grants to local educational agencies and private schools to establish drug-free school demonstration programs that include random drug testing of students and meet other specified requirements.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Rural Law Enforcement Assistance Act 
of 1999''.

SEC. 2. FUNDING TO NATIONAL CENTER FOR RURAL LAW ENFORCEMENT.

    (a) Funding Authority.--The Attorney General shall provide funds, 
subject to appropriations, to the National Center for Rural Law 
Enforcement if the Executive Director of the Center certifies, in 
writing, to the Attorney General that the Center--
            (1) is incorporated in accordance with applicable State 
        laws;
            (2) is in compliance with the by-laws of the Center;
            (3) shall use amounts made available under this section in 
        accordance with subsection (b); and
            (4) shall not support any political party or candidate for 
        elected or appointed office.
    (b) Uses of Funds.--
            (1) Required uses of funds.--The Center shall use funds 
        made available under this section to develop an educational 
        program for employees of law enforcement agencies serving rural 
        areas which shall include--
                    (A) the development and delivery of management 
                education and training, technical assistance, practical 
                research and evaluation, and computer and forensic 
                education and training for employees of law enforcement 
                agencies serving rural areas, tribal law enforcement 
                employees and railroad law enforcement employees, 
                including supervisory and executive managers of those 
                agencies;
                    (B) conducting research into the causes and 
                prevention of criminal activity in rural areas, 
                including the causes, assessment, evaluation, analysis, 
                and prevention of criminal activity;
                    (C) the development and dissemination of 
                information designed to assist States and units of 
                local government in rural areas throughout the United 
                States;
                    (D) the establishment and maintenance of a resource 
                and information center for the collection, preparation, 
                and dissemination of information regarding criminal 
                justice and law enforcement in rural areas, including 
                programs for the prevention of crime and recidivism; 
                and
                    (E) the delivery of assistance, in a consulting 
                capacity, to criminal justice agencies in the 
                development, establishment, maintenance, and 
                coordination of programs, facilities and services, 
                training, and research relating to crime in rural 
                areas.
            (2) Permissive uses of funds.--The Center may use funds 
        made available under this section to enhance the educational 
        program developed under paragraph (1), through--
                    (A) educational opportunities for rural law 
                enforcement agencies;
                    (B) the development, promotion, and voluntary 
                adoption of educational and training standards and 
                accreditation certification programs for law 
                enforcement agencies serving rural areas and the 
                employees of those agencies;
                    (C) grants to, and contracts with, State, and local 
                governments, law enforcement agencies, public and 
                private agencies, educational institutions, and other 
                organizations and individuals to carry out this 
                paragraph;
                    (D) the formulation and recommendation of law 
                enforcement policy, goals, and standards in rural areas 
                applicable to criminal justice agencies, organizations, 
                institutions, and personnel; and
                    (E) coordination with institutions of higher 
                education for the purpose of encouraging programs of 
                study for law enforcement in rural areas at such 
                institutions.
    (c) Powers.--In carrying out subsection (b), the Executive Director 
may--
            (1) request the head of any Federal department or agency to 
        detail, on a reimbursable basis, any of the personnel of that 
        department or agency to the Center to assist it in carrying out 
        its duties under this Act;
            (2) request the Administrator of the General Services 
        Administration to provide the Center, on a reimbursable basis, 
        the administrative support services necessary for the Center to 
        carry out its responsibilities under this Act; and
            (3) procure temporary and intermittent services under 
        section 3109(b) of title 5, United States Code, at rates of 
        compensation established by the Board, but not to exceed the 
        daily equivalent of the maximum rate of pay payable for a 
        position at level IV of the Executive Schedule under section 
        5315 of title 5, United States Code.
    (d) Travel Expenses.--For purposes of official travel, expenses 
shall be reimbursed, including per diem in lieu of subsistence, in the 
same manner as such expenses are permitted under sections 5702 and 5703 
of title 5, United States Code.
    (e) Reporting Requirements.--The Center shall submit an annual 
report to the Attorney General that includes--
            (1) a description of the education and training program 
        conducted by the Center;
            (2) the number and demographic representation of 
        individuals who attended programs sponsored by the Center;
            (3) a description of the extent resources of other 
        governmental agencies or private entities were used; and
            (5) a description of the extent contracts with other public 
        and private resources were used.
    (f) Definitions.--For purposes of this Act:
            (1) The term ``Board'' means the members of the Board of 
        the Center as elected according to its bylaws.
            (2) The term ``Center'' means the National Center for Rural 
        Law Enforcement, a nonprofit corporation located in Little 
        Rock, Arkansas.
            (3) The term ``Executive Director'' means the Executive 
        Director of the Center as appointed according to the bylaws of 
        the Center.
            (4) The term ``metropolitan statistical area'' has the same 
        meaning given such term by the Bureau of the Census.
            (5) The term ``rural law enforcement agency'' means a law 
        enforcement agency that serves a city, town, township, borough, 
        or village outside a metropolitan statistical area.
    (g) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section--
            (1) $22,000,000 for fiscal year 2000; and
            (2) such sums as may be necessary for each of fiscal years 
        2001 through 2005.
Rural Law Enforcement Assistance Act of 1999 - Directs the Attorney General to provide funds to the National Center for Rural Law Enforcement if the Center's Executive Director certifies in writing that the Center: (1) is incorporated in accordance with applicable State laws; (2) is in compliance with its by-laws; (3) shall use amounts made available in accordance with requirements of this Act; and (4) shall not support any political party or candidate for elected or appointed office. 
Requires the Center to use such funds to develop an educational program for employees of law enforcement agencies serving rural areas for specified purposes, including: (1) the development and delivery of management education and training for employees of law enforcement agencies serving rural areas; and (2) the delivery of assistance (in a consulting capacity) to criminal justice agencies in the development and coordination of programs, training, and research relating to crime in rural areas. 
Permits the Center to use such funds to enhance that educational program through specified means, including: (1) educational opportunities for rural law enforcement agencies; and (2) coordination with institutions of higher education to encourage programs of study for law enforcement in rural areas at such institutions. 
Sets forth reporting requirements.  Authorizes appropriations.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Native American Trust Fund 
Accounting and Management Reform Act of 1993''.

SEC. 2. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``Secretary'' means the Secretary of the 
        Interior; and
            (2) the term ``Bureau'' means the Bureau of Indian Affairs 
        of the Department of the Interior.

                 TITLE I--TRUST FUND INTEREST PAYMENTS

SEC. 101. PAYMENT OF INTEREST ON FUNDS INVESTED.

    (a) Payment of Interest.--(1) The fourth proviso of subsection (a) 
of the first section of the Act of June 24, 1938 (25 U.S.C. 162a), is 
amended by striking ``may invest'' and inserting ``shall invest''.
    (2) The first section of the Act of June 24, 1938 (25 U.S.C. 162a), 
is amended by adding at the end the following new subsection:
    ``(d) Amounts deposited or invested under subsection (a) shall earn 
interest at the appropriate rates, taking into consideration the type 
of deposit or investment. The Secretary shall periodically pay such 
interest to the appropriate Indian tribe or individual Indian or, at 
the election of the Indian tribe or individual Indian, add such 
interest to the principal so deposited or invested.''.
    (b) Technical Correction.--The second subsection (b) of the first 
section of the Act of June 24, 1938 (25 U.S.C. 162a), as added by 
section 302 of Public Law 101-644 (104 Stat. 4667), is hereby 
redesignated as subsection (c).
    (c) Repeal of Limitation on United States Liability.--Paragraph (2) 
of subsection (c) of the first section of the Act of June 24, 1938, as 
amended by subsection (b), is amended to read as follows:
    ``(2) Amounts deposited or invested under this subsection shall 
generate earnings at the appropriate rates, taking into consideration 
the type of investment concerned. The Secretary shall periodically pay 
such earnings to the appropriate Indian tribe or individual Indian or, 
at the election of the Indian tribe or individual Indian, add such 
earnings to the principal of such funds so invested.''.
    (d) Effective Date.--The amendments made by this section shall 
apply to interest earned on amounts deposited or invested on or after 
the date of the enactment of this Act.

SEC. 102. AUTHORITY FOR PAYMENT OF CLAIMS FOR INTEREST OWED.

    The Secretary is authorized to make payments to an Indian tribe or 
an individual Indian--
            (1) in full satisfaction of any claim of such Indian tribe 
        or individual Indian for interest on amounts deposited or 
        invested on behalf of such Indian tribe or individual Indian 
        before the date of enactment of this Act under the Act of June 
        24, 1938 (25 U.S.C. 162a), and who was not paid the appropriate 
        amount of interest on such funds; and
            (2) in an amount equal to the interest which would have 
        been earned if funds of such Indian tribe or individual Indians 
        which were subject to the Act of June 24, 1938 (25 U.S.C. 
        162a), had been deposited or invested in accordance with such 
        Act.

      TITLE II--INDIAN TRUST FUND MANAGEMENT DEMONSTRATION PROGRAM

SEC. 201. PURPOSE.

    The purpose of this title is to demonstrate new approaches for the 
management of tribal and individual Indian funds held in trust by the 
United States and managed by the Secretary through the Bureau, that, 
consistent with the trust responsibility of the United States and the 
principles of self-determination, will--
            (1) give Indian tribal governments and individual Indian 
        account holders greater control over the management of such 
        trust funds;
            (2) pursuant to tribal instructions, involve investment of 
        such trust funds by the Secretary in a manner that will also 
        help to promote economic development in Indian communities; or
            (3) otherwise demonstrate how the principles of self-
        determination can work with respect to the management of such 
        trust funds, in a manner consistent with the trust 
        responsibility of the United States.

SEC. 202. DEFINITION.

    For the purposes of this title, except for the purposes of section 
208, the terms ``Indian tribe'' and ``tribe'' mean--
            (1) an Indian tribe;
            (2) a consortia of Indian tribes; or
            (3) an association of Indians holding individual Indian 
        trust fund accounts managed by the Secretary through the 
        Bureau.

SEC. 203. DEMONSTRATION PLANS.

    An Indian tribe may submit to the Secretary a plan to demonstrate a 
new approach for the management of tribal or individual Indian funds 
held in trust by the United States for such tribe or the members of 
such tribe, and as of the date of the enactment of this Act, managed by 
the Secretary through the Bureau. Such plan may provide for the 
following:
            (1) Management of such funds directly by the Indian tribe 
        in financial institutions selected by the tribe, subject to 
        supervision and oversight by the Secretary. For the purposes of 
        this section, the term ``management'' may include one or more 
        of the functions carried out, as of the date of the enactment 
        of this Act, by the Secretary through the Bureau in managing 
        such funds, such as collection, disbursement, and investment 
        functions.
            (2) Management of such funds by the Secretary in a manner 
        that--
                    (A) involves investment of such funds in financial 
                institutions on or near the reservation;
                    (B) increases tribal access to such institutions;
                    (C) promotes economic development activities on the 
                reservation; or
                    (D) otherwise promotes tribal priorities.
            (3) Management of such funds at the local level through 
        contracts with local financial institutions that meet the 
        purposes of this title.
            (4) Such other approaches, as determined by the Secretary, 
        that meet the purpose of this title.

SEC. 204. APPROVAL OF PLANS BY THE SECRETARY.

    (a) In General.--The Secretary shall approve and implement, or 
provide for the implementation by an Indian tribe of, a plan that meets 
the following conditions:
            (1) Such plan has been approved by the appropriate Indian 
        tribe, as follows:
                    (A) For a plan involving tribal trust funds, such 
                plan is accompanied by a resolution from the tribal 
                governing body approving the plan.
                    (B) For a plan submitted by an Indian tribe (as 
                defined in paragraphs (1) and (2) of section 202) 
                involving individual Indian money accounts, where most 
                or all of the account holders are members of the 
                submitting tribe, it is accompanied by a resolution 
                from the tribal governing body approving the plan, 
                along with a certification that the tribe held no fewer 
                than 2 public meetings to provide an opportunity for 
                account holders to comment on the plan.
                    (C) For a plan submitted by an Indian tribe (as 
                defined in paragraph (3) of section 202), it is 
                accompanied by a written approval signed by each 
                participating account holder, along with a 
                certification that the tribe on whose reservation the 
                trust asset that is the source of the funds is located, 
                has been consulted regarding the plan.
            (2) The Secretary determines such plan to be consistent 
        with standards of reasonable prudence, after considering all 
        appropriate factors, including but not limited to the 
        following:
                    (A) The capability and experience of the 
                individuals or institutions that will be managing the 
                trust funds.
                    (B) The protection against substantial loss of 
                principal.
                    (C) The rate of return, provided that the plan need 
                not produce the highest rate of return possible if the 
                Indian tribe chooses to accept a lower rate in return 
                for other benefits such as the benefits from investing 
                in local financial institutions.
                    (D) The ability of the Secretary to effectively 
                monitor the demonstration, pursuant to the trust 
                responsibility of the United States as specified in 
                section 205.
            (3) The duration of the plan does not exceed 5 years.
    (b) Investment in Equities.--Nothing in this section shall prohibit 
an Indian tribe submitting a plan for a demonstration under this 
section from providing in such plan for the investment of its trust 
funds in equities, if the Secretary determines that such plan meets the 
standard of reasonable prudence under subsection (a)(2).

SEC. 205. FEDERAL TRUST RESPONSIBILITY.

    (a) In General.--If an Indian tribe assumes management of trust 
funds pursuant to a demonstration under this title, the trust 
responsibility of the United States with respect to such funds shall, 
for the duration of the demonstration, be limited to the following:
            (1) The exercise of reasonable prudence by the Secretary in 
        approving the plan for the demonstration.
            (2) An annual audit provided by the Secretary, directly or 
        by contract, to determine that the tribe is performing in 
        conformance with the plan for the demonstration.
            (3) If the Secretary finds, through such audits, that the 
        tribe is not in compliance with the terms of the plan, the 
        Secretary shall--
                    (A) terminate the demonstration; or
                    (B) prescribe remedial action to be taken by the 
                tribe to achieve compliance with the plan.
    (b) Decrease in Interest and Loss of Principal.--If a plan for a 
demonstration submitted under this title and approved by the Secretary 
provides for the implementation of such demonstration by the Secretary, 
the United States shall not be liable, during the period of such 
demonstration, for any decrease in interest rate or any loss of 
principal that is proximately caused by the Secretary's prudent 
implementation of such demonstration.
    (c) Agreement.--Prior to the implementation of any demonstration 
under this title, the Indian tribe involved shall sign a written 
statement indicating that it understands and accepts the limitations on 
the trust responsibility of the United States as provided in this 
section.

SEC. 206. TECHNICAL AND FINANCIAL ASSISTANCE.

    The Secretary shall, directly or by contract, provide Indian tribes 
with technical and financial assistance in developing, implementing, 
and managing plans for demonstrations under this title.

SEC. 207. NO INCOME TAX CONSEQUENCES.

    Funds managed pursuant to a demonstration program under this title, 
and distributions made from such funds, shall, for purposes of the 
Internal Revenue Code of 1986, be treated in the same manner as such 
funds would be treated if such funds were managed directly by the 
Secretary, through the Bureau.

SEC. 208. VOLUNTARY WITHDRAWAL FROM TRUST FUND PROGRAM.

    (a) In General.--An Indian tribe may, in accordance with this 
section, submit a plan to withdraw some or all funds held in trust for 
such tribe by the United States and managed by the Secretary through 
the Bureau.
    (b) Approval of Plan.--The Secretary shall approve a plan under 
this section that meets the requirements specified in section 204(a)(1) 
and subparagraphs (A) and (B) of section 204(a)(2).
    (c) Termination of Trust Responsibility.--Beginning on the date 
funds are withdrawn pursuant to this section, any trust responsibility 
of the United States with respect to such funds shall terminate.

SEC. 209. REPORT TO CONGRESS.

    The Secretary shall, beginning one year after the date of the 
enactment of this Act, submit an annual report to the Congress on the 
implementation of demonstration programs under this title. Such report 
shall include recommendations for changes necessary to effectively 
implement the purpose of this title.

             TITLE III--RECOGNITION OF TRUST RESPONSIBILITY

SEC. 301. AFFIRMATIVE ACTION REQUIRED.

    The first section of the Act of June 24, 1938 (25 U.S.C. 162a), as 
amended by section 101(a)(2), is amended by adding at the end the 
following new subsection:
    ``(e) The Secretary shall properly discharge the trust 
responsibilities of the United States under this section by--
            ``(1) providing adequate systems for accounting for and 
        reporting trust fund balances;
            ``(2) providing adequate controls over receipts and 
        disbursements;
            ``(3) providing periodic, timely reconciliations to assure 
        the accuracy of accounts;
            ``(4) determining accurate cash balances;
            ``(5) preparing and supplying account holders with 
        meaningful periodic statements of their account balances;
            ``(6) establishing consistent, written policies and 
        procedures for trust fund management and accounting; and
            ``(7) providing adequate staffing, supervision, and 
        training for trust fund management and accounting.''.

SEC. 302. TRUST RESPONSIBILITY WITH RESPECT TO NATURAL RESOURCES.

    The Congress recognizes that the trust responsibility of the United 
States extends to tribal and individual Indian owners of natural 
resources located within the boundaries of Indian reservations and 
trust lands. This includes the fiduciary responsibility to manage funds 
held in trust by the United States for Indian tribes and individual 
Indians derived from actions including, but not limited to, the use and 
sale of leased lands, judgments, mineral leases, oil and gas leases, 
timber permits and sales, and water resources.

                    TITLE IV--TRAINING AND PERSONNEL

SEC. 401. TRAINING.

    (a) Training Program.--The Secretary shall establish a program to 
assist Indians, including, but not limited to, employees of the Bureau 
and members and employees of Indian tribes, to obtain expertise in the 
management of trust funds. Components of such program may include the 
following:
            (1) An outreach program to encourage and assist Indians to 
        obtain employment with private financial institutions.
            (2) Agreements with financial institutions and other 
        entities under which such entities would provide classroom 
        training, on-the-job training, internships, and employment 
        opportunities not to exceed 2 years, for employees and 
        prospective employees of the Bureau.
    (b) Recruitment.--
            (1) Employment descriptions.--The Secretary shall ensure 
        that the employment description for any Federal position 
        related to the management of Indian trust funds contains 
        requirements necessary to ensure that a person filling such 
        position would have the necessary skills, based on industry 
        standards, to fully perform the position's responsibilities in 
        a manner consistent with the responsibility of the United 
        States to properly manage Indian trust funds.
            (2) Pay.--The Secretary, in consultation with the Office of 
        Personnel Management, shall establish the rate of pay payable 
        for a position related to the management of Indian trust funds 
        at a level of the General Schedule appropriate for such 
        position.
    (c) Indian Preference.--Nothing in this title shall authorize or 
permit any waiver of Indian preference laws as such term is defined in 
section 2(f)(2) of Public Law 96-135 (25 U.S.C. 472 et seq.).

       TITLE V--RESPONSIBILITY TO ACCOUNT FOR INDIAN TRUST FUNDS

SEC. 501. RESPONSIBILITY OF SECRETARY TO ACCOUNT FOR THE DAILY AND 
              ANNUAL BALANCES OF INDIAN TRUST FUNDS.

    (a) Requirement to Account.--The Secretary shall account for the 
daily and annual balance of all funds held in trust by the United 
States for the benefit of an Indian tribe or an individual Indian which 
are deposited or invested pursuant to the Act of June 24, 1938 (25 
U.S.C. 162a).
    (b) Periodic Statement of Performance.--Not later than 10 business 
days after the close of a calendar month, the Secretary shall provide a 
statement of performance to each Indian tribe and individual with 
respect to whom funds are deposited or invested pursuant to the Act of 
June 24, 1938 (25 U.S.C. 162a). The statement, for the period 
concerned, shall--
            (1) identify the source, type, and status of the funds;
            (2) the beginning balance;
            (3) the earnings and losses; and
            (4) the ending balance.
    (c) Annual Audit.--The Secretary shall cause to be conducted an 
annual audit on a fiscal year basis of all funds held in trust by the 
United States for the benefit of an Indian tribe or an individual 
Indian which are deposited or invested pursuant to the Act of June 24, 
1938 (25 U.S.C. 162a), and shall include a letter relating to the audit 
in the first statement of performance provided under subsection (b) 
after the completion of the audit.
    (d) Effective Date.--This section shall take effect October 1, 
1993, but shall only apply with respect to earnings and losses 
occurring on or after October 1, 1993, on funds held in trust by the 
United States for the benefit of an Indian tribe or an individual 
Indian.

                                 

HR 1846 IH----2

TABLE OF CONTENTS: 
     Title I:  Trust Fund Interest Payments 
     Title II:  Indian Trust Fund Management Demonstration Program 
     Title III:  Recognition of Trust Responsibility 
     Title IV:  Training and Personnel 
     Title V:  Responsibility to Account for Indian Trust Funds 
Native American Trust Fund Accounting and Management Reform Act of 1993 - 
Title I:  Trust Fund Interest Payments
 - Amends Federal law to change from discretionary to mandatory the authority of the Secretary of the Interior to invest Indian trust funds in debt obligations issued or guaranteed by the United States. 
Requires the Secretary to pay interest periodically on such deposited or invested funds to the appropriate Indian tribe or individual Indian. 
Repeals Federal law that relieves the United States from any liability relating to the interest payable on such invested funds. 
Authorizes the Secretary to make payments to an Indian tribe or individual Indian in full satisfaction of any claim of such tribe or Indian for any interest owed on amounts deposited or invested on their behalf before the enactment of this Act. 
Title II:  Indian Trust Fund Management Demonstration Program
 - Authorizes an Indian tribe to submit to the Secretary a demonstration plan for new approaches to management of tribal or individual funds held in trust by the United States and managed by the Bureau of Indian Affairs (BIA) for a tribe or its members.  Sets forth:  (1) plan approval criteria; and (2) Federal trust responsibility in the case of tribal trust fund management. Provides for voluntary withdrawal of program funds. 
Title III:  Recognition of Trust Responsibility
 - Amends Federal law to require the Secretary to take specified actions to properly discharge U.S. trust responsibilities with regard to Indian funds investment. 
States that the Congress recognizes a trust responsibility with respect to natural resources on Indian reservations and trust lands. 
Title IV:  Training and Personnel
 - Directs the Secretary to establish a trust fund management training program for Indians. 
Title V:  Responsibility to Account for Indian Trust Funds
 - Requires the Secretary to:  (1) account for daily and annual balances of Indian trust funds; and (2) provide periodic performance statements.