[Congressional Record (Bound Edition), Volume 154 (2008), Part 6]
[Senate]
[Pages 8133-8136]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. NELSON of Florida (for himself, Ms. Snowe, Mr. Kerry, and 
        Mr. Martinez:)
  S. 2998. A bill to require accurate and reasonable disclosure of the 
terms and conditions of prepaid telephone calling cards and services, 
and for other purposes; to the Committee on Commerce, Science, and 
Transportation.
  Mr. NELSON of Florida. Mr. President, prepaid telephone calling cards 
are used by many Americans to stay in touch with loved ones around the 
country and throughout the world. Unfortunately, some providers and 
distributors of these cards are scamming consumers--by imposing 
undisclosed junk fees, charging exorbitant rates, and selling cards 
that expire shortly after consumers start using them.
  Over the past couple of years, a number of State Attorneys General 
and the Federal Trade Commission have opened investigations and found 
that a number of providers and distributors are engaging in unfair and 
deceptive business practices. These practices include charging 
customers for calls where they receive busy signals, imposing weekly 
``maintenance fees'' that may take away up to 20 percent of the card's 
overall value, and billing for calls in 3-minute increments.
  As a result of these investigations, some companies have been fined 
or have entered into consent decrees forbidding them from engaging in 
some deceptive practices. In addition, some states--including Florida--
have imposed certain regulatory requirements on prepaid calling card 
providers and distributors. To date, however, neither the Federal 
Communications Commission nor the Federal Trade Commission has taken 
any action to impose up-front nationwide consumer protection 
requirements on this industry. This lack of Federal standards allows 
many of these unscrupulous operators to move from State to State, and 
create new ``shell companies'' to escape consumer protection 
regulations. This is wrong, and I think we need to fix this situation.
  That is why I rise today to introduce the Prepaid Calling Card 
Consumer Protection Act of 2008.
  The Prepaid Calling Card Consumer Protection Act of 2008 requires the 
Federal Trade Commission to draft comprehensive rules requiring all 
prepaid telephone calling card providers and distributors to disclose 
the rates and fees associated with their calling cards upfront, at the 
point of sale. It also requires providers who market their cards in 
languages other than English to disclose rates and fees in that 
language as well. Furthermore, the legislation requires providers to 
honor the cards for at least a year after the time the card is first 
used.
  To enforce these disclosure requirements, the bill gives the Federal 
Trade Commission, State Attorneys General, and State consumer 
protection advocates the ability to sue the fraudsters who violate 
these requirements in Federal court. In addition, the law expressly 
preserves additional state consumer protection requirements--such as 
state utility commission certification or bonding requirements.
  I invite my colleagues to join with Senators Snowe, Kerry, Martinez 
and myself in supporting the Prepaid Calling Card Consumer Protection 
Act of 2008. We should waste no time in ensuring that military 
servicemembers, seniors, immigrants and other Americans using these 
prepaid telephone calling cards are protected from bad actors in the 
marketplace.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2998

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Prepaid Calling Card 
     Consumer Protection Act of 2008''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Commission.--The term ``Commission'' means the Federal 
     Trade Commission.
       (2) Fees.--
       (A) In general.--The term ``fees'' means all charges, fees, 
     taxes, or surcharges, including connection, hang-up, service, 
     payphone, and maintenance charges, which may be applicable to 
     the use of a prepaid telephone calling card or a prepaid 
     telephone calling service used by a consumer for calls 
     originating within the United States.
       (B) Exclusion.--The term ``fees'' does not include the 
     applicable per unit or per minute rate for the particular 
     destination called by a consumer.
       (3) International preferred destination.--The term 
     ``international preferred destination'' means a specific 
     international destination named on a prepaid telephone 
     calling card or on the packaging material accompanying a 
     prepaid telephone calling card.
       (4) Prepaid telephone calling card.--
       (A) In general.--The terms ``prepaid telephone calling 
     card'' and ``card'' mean any right of use purchased in 
     advance for a sum certain linked to an access number and 
     authorization code that enables a consumer to use a prepaid 
     telephone calling service. Such rights of use may be embodied 
     on a card or other physical object or may be purchased by an 
     electronic or telephonic means through which the purchaser 
     obtains access numbers and authorization codes that are not 
     physically located on a card or other physical object.
       (B) Exclusion.--The terms ``prepaid telephone calling 
     card'' and ``card'' do not include cards or other rights of 
     use that provide access to--
       (i) a telecommunications service with respect to which the 
     card or other rights of use and the telecommunications 
     service are provided for free or at no additional charge as a 
     promotional item accompanying a product or service purchased 
     by a consumer; or

[[Page 8134]]

       (ii) a wireless telecommunications service account with a 
     wireless service provider that the purchaser has a 
     preexisting relationship with or establishes a carrier-
     customer relationship with via the purchase of a prepaid 
     wireless telecommunications service handset package.
       (5) Prepaid telephone calling card distributor.--
       (A) In general.--The term ``prepaid telephone calling card 
     distributor'' means any entity, corporation, company, 
     association, firm, partnership, or person that purchases 
     prepaid telephone calling cards or services from a prepaid 
     telephone calling card distributor or prepaid telephone 
     calling service provider and sells, resells, issues, or 
     distributes prepaid telephone calling cards for a fee to 1 or 
     more distributors of such cards or to 1 or more retail 
     sellers of such cards.
       (B) Exclusion.--The term ``prepaid telephone calling card 
     distributor'' does not include any retail merchants or 
     sellers of prepaid telephone calling cards exclusively 
     engaged in point-of-sale transactions with end-user 
     customers.
       (6) Prepaid telephone calling service.--
       (A) In general.--The terms ``prepaid telephone calling 
     service'' and ``service'' mean any telecommunications 
     service, paid for in advance by a consumer, that allows a 
     consumer to originate voice telephone calls through a local, 
     long distance, or toll-free access number and authorization 
     code, whether manually or electronically dialed.
       (B) Exclusion.--The terms ``prepaid telephone calling 
     service'' and ``service'' do not include any service that 
     provides access to a wireless telecommunications service 
     account wherein the purchaser has a preexisting relationship 
     with the wireless service provider or establishes a carrier-
     customer relationship via the purchase of a prepaid wireless 
     telecommunications service handset package.
       (7) Prepaid telephone calling service provider.--The term 
     ``prepaid telephone calling service provider'' means any 
     entity, corporation, company, association, firm, partnership, 
     or person providing prepaid telephone calling service to the 
     public using its own, or a resold, telecommunications network 
     or voice over Internet technology.
       (8) Wireless telecommunications service.--The term 
     ``wireless telecommunications service'' has the meaning given 
     the term ``commercial mobile service'' in section 332(d) of 
     the Communications Act of 1934 (47 U.S.C. 332(d)).

     SEC. 3. REQUIRED DISCLOSURES OF PREPAID TELEPHONE CALLING 
                   CARDS OR SERVICES.

       (a) Rulemaking.--Not later than 180 days after the date of 
     the enactment of this Act, the Commission shall prescribe 
     regulations that require every prepaid telephone calling 
     service provider and prepaid telephone calling card 
     distributor to disclose, with respect to the terms and 
     conditions of a prepaid telephone calling card or service 
     provided, sold, resold, issued, or distributed by such 
     service provider or distributor, as the case may be, the 
     following:
       (1)(A) The number of calling units or minutes of domestic 
     interstate calls provided by such card or service at the time 
     of purchase; or
       (B) the dollar value of such card or service and the 
     domestic interstate rate per minute provided by such card or 
     service at the time of purchase.
       (2) The applicable calling unit or per minute rates for all 
     international preferred destinations served by such card or 
     service.
       (3) The applicable per minute rates for all individual 
     international destinations served by such card or service.
       (4) That the rates described in paragraph (3) may be 
     obtained through the prepaid telephone calling card 
     provider's toll-free customer service number or Internet 
     website.
       (5) All terms and conditions pertaining to the use of such 
     card or service, including the following:
       (A) The maximum amount and frequency of all fees.
       (B) Applicable policies relating to refund, recharge, 
     decrement, and expiration.
       (C) Limitations, if any, on the use or period of time for 
     which the displayed, promoted, or advertised minutes or rates 
     will be available to the customer.
       (6) The name and address of such service provider.
       (7) A toll-free telephone number to contact the customer 
     service department of such service provider and the hours of 
     service of such customer service department.
       (b) Clear and Conspicuous Disclosure of Required 
     Information and Language Requirements.--The regulations 
     prescribed under subsection (a) shall include requirements as 
     follows:
       (1) Cards.--In the case of a prepaid telephone calling 
     card, the disclosures described in subsection (a) (other than 
     paragraph (3) of such subsection) shall be printed in plain 
     English in a clear and conspicuous location on each prepaid 
     telephone calling card or the packaging of such card so that 
     such disclosures are plainly visible to a consumer at the 
     point of sale.
       (2) Online services.--In the case of a prepaid telephone 
     calling service that consumers access and purchase via the 
     Internet, the disclosures described in subsection (a) (other 
     than paragraph (4) of such subsection) shall be displayed in 
     plain English in a clear and conspicuous location on the 
     Internet site from which the consumer purchases such service.
       (3) Advertising and other promotional material.--The 
     disclosures described in subsection (a) (other than paragraph 
     (3) of such subsection) shall be printed on any advertising 
     for the prepaid telephone calling card or service, including 
     on any signs for display by retail merchants, any promotional 
     emails, any Internet site used to promote such card or 
     service, and on any other promotional material.
       (4) Languages other than english.--If a language other than 
     English is predominantly used on a prepaid telephone calling 
     card or its packaging, or in the point-of-sale advertising, 
     Internet advertising, or promotional material of a prepaid 
     telephone calling card or prepaid telephone calling service, 
     than the disclosures required by the regulations prescribed 
     under subsection (a) shall be disclosed in that language on 
     such card, packaging, advertisement, or promotional material 
     in the same manner as if English were used.
       (c) Additional Regulations.--The Commission may, in 
     accordance with section 553 of title 5, United States Code, 
     prescribe such other regulations as the Commission determines 
     are necessary to protect consumers of prepaid telephone 
     calling cards and services.

     SEC. 4. UNLAWFUL CONDUCT RELATED TO PREPAID TELEPHONE CALLING 
                   CARDS.

       (a) Prepaid Telephone Calling Service Provider.--It shall 
     be unlawful for any prepaid telephone calling service 
     provider to do any of the following:
       (1) Undisclosed fees and charges.--To assess or deduct from 
     the balance of a prepaid telephone calling card any fee or 
     other amount for use of the prepaid telephone calling 
     service, except--
       (A) the per minute rate or value for each particular 
     destination called by the consumer; and
       (B) fees that are disclosed as required by regulations 
     prescribed under section 3.
       (2) Minutes and rates as promoted and advertised.--With 
     respect to a prepaid telephone calling card for a service of 
     the prepaid telephone calling service provider, to provide 
     fewer minutes than the number of minutes promoted or 
     advertised, or to charge a higher per minute rate to a 
     specific destination than the per minute rate to that 
     specific destination promoted or advertised, on--
       (A) the prepaid telephone calling card;
       (B) any point-of-sale material relating to the card; or
       (C) other advertising related to the card or service.
       (3) Minutes announced, promoted, and advertised through 
     voice prompts.--To provide fewer minutes than the number of 
     minutes announced, promoted, or advertised through any voice 
     prompt given by the prepaid telephone calling service 
     provider to a consumer at the time the consumer places a call 
     to a dialed destination with a prepaid telephone calling card 
     or service.
       (4) Expiration.--Unless a different expiration date is 
     clearly disclosed pursuant to the disclosure requirements of 
     regulations prescribed under section 3, to provide, sell, 
     resell, issue, or distribute a prepaid telephone calling card 
     or service that expires--
       (A) before the date that is 1 year after the date on which 
     such card or service is first used; or
       (B) in the case of a prepaid telephone calling card or 
     service that permits a consumer to purchase additional usage 
     minutes or add additional value to the card or service, 
     before the date that is 1 year after the date on which the 
     consumer last purchased additional usage minutes or added 
     additional value to the card or service.
       (5) Charges for unconnected calls.--To assess any fee or 
     charge for any unconnected telephone call. For purposes of 
     this paragraph, a telephone call shall not be considered 
     connected if the person placing the call receives a busy 
     signal or if the call is unanswered.
       (b) Prepaid Telephone Calling Card Distributor.--It shall 
     be unlawful for any prepaid telephone calling card 
     distributor to do any of the following:
       (1) Undisclosed fees and charges.--To assess or deduct from 
     the balance of a prepaid telephone calling card any fee or 
     other amount for use of the prepaid telephone calling 
     service, except--
       (A) the per minute rate or value for each particular 
     destination called by the consumer; and
       (B) fees that are disclosed as required by regulations 
     prescribed under section 3.
       (2) Minutes as promoted and advertised.--To sell, resell, 
     issue, or distribute any prepaid telephone calling card that 
     the distributor knows provides fewer minutes than the number 
     of minutes promoted or advertised, or a higher per minute 
     rate to a specific destination than the per minute rate to 
     that specific destination promoted or advertised, on--
       (A) the prepaid telephone calling card;
       (B) any point of sale material relating to the card; or
       (C) other advertising relating to the card or service.

[[Page 8135]]

       (3) Minutes announced, promoted, or advertised through 
     voice prompts.--To sell, resell, issue, or distribute a 
     prepaid telephone calling card that such distributor knows 
     provides fewer minutes than the number of minutes announced, 
     promoted, or advertised through any voice prompt given to a 
     consumer at the time the consumer places a call to a dialed 
     destination with the prepaid telephone calling card or 
     service.
       (4) Expiration.--Unless a different expiration date is 
     clearly disclosed pursuant to the disclosure requirements of 
     regulations prescribed under section 3, to provide, sell, 
     resell, issue, or distribute a prepaid telephone calling card 
     that expires--
       (A) before the date that is 1 year after the date on which 
     such card or service is first used; or
       (B) in the case of a prepaid telephone calling card or 
     service that permits a consumer to purchase additional usage 
     minutes or add additional value to the card or service, 
     before the date that is 1 year after the date on which the 
     consumer last purchased additional usage minutes or added 
     additional value to the card or service.
       (c) Liability.--A prepaid telephone calling service 
     provider or a prepaid telephone calling card distributor may 
     not avoid liability under this section by stating that the 
     displayed, announced, promoted, or advertised minutes, or the 
     per minute rate to a specific destination, are subject to 
     fees or charges, or by utilizing other disclaimers or 
     limitations.

     SEC. 5. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.

       (a) Unfair and Deceptive Act or Practice.--Notwithstanding 
     any other provision of law, a violation of a regulation 
     prescribed under section 3 or the commission of an unlawful 
     act proscribed under section 4 shall be treated as a 
     violation of a rule defining an unfair or deceptive act or 
     practice prescribed under section 18(a)(1)(B) of the Federal 
     Trade Commission Act (15 U.S.C. 57a(a)(1)(B)).
       (b) Authority of the Commission.--The Commission shall 
     enforce this Act in the same manner and by the same means as 
     though all applicable terms and provisions of the Federal 
     Trade Commission Act were incorporated into and made a part 
     of this Act.
       (c) Rulemaking Authority.--The Commission may prescribe 
     regulations to carry out this Act.

     SEC. 6. STATE ENFORCEMENT.

       (a) In General.--
       (1) Civil actions.--In any case in which the attorney 
     general of a State, a State utility commission, or other 
     authorized State consumer protection agency has reason to 
     believe that an interest of the residents of that State has 
     been or is threatened or adversely affected by the engagement 
     of any person in a practice that is prohibited under this 
     Act, the State, as parens patriae, may bring a civil action 
     on behalf of the residents of that State in a district court 
     of the United States of appropriate jurisdiction, or any 
     other court of competent jurisdiction--
       (A) to enjoin that practice;
       (B) to enforce compliance with this Act;
       (C) to obtain damage, restitution, or other compensation on 
     behalf of residents of the State; or
       (D) to obtain such other relief as the court may consider 
     to be appropriate.
       (2) Notice to federal trade commission.--
       (A) In general.--Before filing an action under paragraph 
     (1), the attorney general of a State, a State utility 
     commission, or an authorized State consumer protection agency 
     shall provide to the Commission--
       (i) written notice of the action; and
       (ii) a copy of the complaint for the action.
       (B) Exemption.--
       (i) In general.--Subparagraph (A) shall not apply to the 
     filing of an action under paragraph (1) if the attorney 
     general of a State, a State utility commission, or an 
     authorized State consumer protection agency filing such 
     action determines that it is not feasible to provide the 
     notice described in subparagraph (A) before the filing of the 
     action.
       (ii) Notification.--In an action described in clause (i), 
     the attorney general of a State, a State utility commission, 
     or an authorized State consumer protection agency shall 
     provide notice and a copy of the complaint to the Commission 
     at the time the action is filed.
       (b) Intervention by Federal Trade Commission.--
       (1) In general.--Upon receiving notice under subsection 
     (a)(2), the Commission may intervene in the action that is 
     the subject of such notice.
       (2) Effect of intervention.--If the Commission intervenes 
     in an action under subsection (a), the Commission may--
       (A) be heard with respect to any matter that arises in that 
     action; and
       (B) file a petition for appeal.
       (c) Construction.--Nothing in this Act may be construed to 
     prevent an attorney general of a State, a State utility 
     commission, or an authorized State consumer protection agency 
     from exercising the powers conferred on the attorney general, 
     a State utility commission, or an authorized State consumer 
     protection agency by the laws of that State--
       (1) to conduct investigations;
       (2) to administer oaths or affirmations;
       (3) to compel the attendance of witnesses or the production 
     of documentary and other evidence;
       (4) to enforce any State consumer protection laws of 
     general applicability; or
       (5) to establish or utilize existing administrative 
     procedures to enforce the provisions of the law of such 
     State.
       (d) Venue; Service of Process.--
       (1) Venue.--Any action brought under subsection (a) may be 
     brought in the district court of the United States that meets 
     applicable requirements relating to venue under section 1391 
     of title 28, United States Code.
       (2) Service of process.--In an action brought under 
     subsection (a), process may be served in any district in 
     which the defendant--
       (A) is an inhabitant; or
       (B) may be found.

     SEC. 7. APPLICATION.

       The regulations prescribed under section 3 and the 
     provisions of section 4 shall apply to any prepaid telephone 
     calling card issued or placed into the stream of commerce, 
     and to any advertisement, promotion, point-of-sale material 
     or voice prompt regarding a prepaid telephone calling service 
     that is created or disseminated 90 days after the date on 
     which the regulations are prescribed under section 3(a).

     SEC. 8. PREEMPTION.

       Nothing in this Act shall affect the authority of any State 
     to establish or continue in effect a provision of the law of 
     a State relating to regulation of prepaid calling cards, 
     prepaid calling card distributors, prepaid calling services, 
     or prepaid calling service providers, except to the extent 
     that such provision of law is inconsistent with the 
     provisions of this Act or a regulation prescribed under this 
     Act, and then only to the extent of such inconsistency. A 
     provision of the law of a State is not inconsistent with this 
     Act or a regulation prescribed under this Act if such 
     provision provides equal or greater protection to consumers 
     than what is provided under this Act or the regulations 
     prescribed under this Act.
                                 ______
                                 
      By Mr. AKAKA (for himself and Mr. Inouye):
  S. 3000. A bill to amend title 38, United States Code, to include 
Federally recognized tribal organizations in certain grant programs of 
the Department of Veterans Affairs for the several States and 
territories, and for other purposes; to the Committee on Veterans' 
Affairs.
  Mr. AKAKA. Mr. President, today I proudly introduce, along with my 
good friend and colleague, the senior Senator from Hawaii, Senator 
Daniel Inouye, the Native American Veterans Access Act. This measure 
would provide equitable veterans' services to Native Americans by 
allowing tribal governments to apply for veterans' program grants 
currently limited to States, and in some cases, even U.S. Territories.
  Native veterans have a long history of honorable and extraordinary 
service in our national defense. From the American Indians who served 
alongside General George Washington, to Nainoa Hoe, a Native Hawaiian 
soldier who was killed on patrol in Iraq while carrying the battle flag 
his father held in Vietnam, native veterans have served bravely and 
honorably.
  Unfortunately, too often our Nation's track record in serving native 
veterans does not match their service. Especially in the case of native 
veterans who return to their ancestral homelands, reservation 
communities, or tribal villages, many native veterans are 
geographically and culturally disconnected from the services provided 
by State and Federal veterans' programs.
  Part of the problem is that veterans' programs are not always 
designed with native veterans in mind. For example, while the 
Department of Veterans Affairs and Department of Labor operate several 
exemplary veterans' grant programs for State governments, most of these 
programs are not open to tribal governments. The bill I am introducing 
today would address this issue, by giving tribal governments access to 
many of these important programs.
  First, my bill would provide access to VA's two nursing home grants, 
which help local governments construct veterans' nursing homes and pay 
for nursing home care, adult day care, domiciliary care, and hospital 
care. It is important that tribal governments be included in these 
grants, given the expected rise in the number of older native veterans. 
The U.S. Census projects that while the overall number of older 
veterans will decrease by 10 percent by 2020, during that same period 
the number of older native veterans will increase by 60 percent. This 
expected

[[Page 8136]]

boom in older native veterans makes it important that we give tribal 
governments the same opportunities we already provide State governments 
to care for their elder veterans.
  My bill would also give the Secretary of Labor discretion to include 
tribal governments in Veterans Employment and Training programs and 
grants. Veterans' employment services are much needed among native 
veterans, and in Indian Country. Census data indicates that American 
Indian and Alaska Native veterans are twice as likely as other veterans 
to be unemployed. For those veterans living on-reservation, the labor 
market is shamefully dismal: a recently published report from the 
Bureau of Indian Affairs found on-reservation unemployment to be 49 
percent. That unemployment rate is twice as high as national 
unemployment was during the worst year of the Great Depression. Surely 
it is not too much to ask that tribal governments in these 
circumstances be considered for the veterans' employment programs 
States and U.S. Territories already have access to.
  I ask my colleagues to join me in supporting these measures, as we 
work towards parity in access and benefits for Native American 
veterans.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the the Record.
  There being no objection, the text of the bill was ordered to be 
placed in the Record, as follows:

                                S. 3000

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Native American Veterans 
     Access Act of 2008''.

     SEC. 2. INCLUSION OF FEDERALLY RECOGNIZED TRIBAL 
                   ORGANIZATIONS IN CERTAIN GRANT PROGRAMS OF THE 
                   DEPARTMENT OF VETERANS AFFAIRS FOR THE STATES 
                   AND TERRITORIES.

       (a) Treatment of Tribal Organization Health Facilities as 
     State Homes.--Section 8138 of title 38, United States Code, 
     is amended--
       (1) by redesignating subsection (e) as subsection (f); and
       (2) by inserting after subsection (d) the following new 
     subsection (e):
       ``(e)(1) A health facility (or certain beds in a health 
     facility) of a tribal organization is treatable as a State 
     home under subsection (a) in accordance with the provisions 
     of that subsection.
       ``(2) Except as provided in paragraph (3), the provisions 
     of this section shall apply to a health facility (or certain 
     beds in such facility) treated as a State home under 
     subsection (a) by reason of this subsection to the same 
     extent as health facilities (or beds) treated as a State home 
     under subsection (a).
       ``(3) Subsection (f) shall not apply to the treatment of 
     health facilities (or certain beds in such facilities) of 
     tribal organizations as a State home under subsection (a).
       ``(4) In this subsection, the term `tribal organization' 
     has the meaning given such term in section 3764(4) of this 
     title.''.
       (b) State Home Facilities for Domiciliary, Nursing, and 
     Other Care.--
       (1) In general.--Chapter 81 of such title is further 
     amended--
       (A) in section 8131, by adding at the end the following new 
     paragraph:
       ``(5) The term `tribal organization' has the meaning given 
     such term in section 3764(4) of this title.'';
       (B) in section 8132, by inserting ``and tribal 
     organizations'' after ``the several States''; and
       (C) by inserting after section 8133 the following new 
     section:

     ``Sec. 8133A. Tribal organizations

       ``(a) The Secretary may make grants to tribal organizations 
     under this subchapter in order to carry out the purposes of 
     this subchapter.
       ``(b) Grants to tribal organizations under this section 
     shall be made in the same manner, and under the same 
     conditions, as grants made to the several States under the 
     provisions of this subchapter, subject to such exceptions as 
     the Secretary shall prescribe for purposes of this subchapter 
     to take into account the unique circumstances of tribal 
     organizations.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 81 of such title is amended by inserting 
     after the item relating to section 8133 the following new 
     item:

``8133A. Tribal organizations.''.

       (c) Job Counseling, Training and Placement Services for 
     Veterans.--Section 4101 of such title is amended--
       (1) in paragraph (6), by inserting ``tribal 
     organizations,'' after ``to the extent determined necessary 
     and feasible,''; and
       (2) by adding at the end the following new paragraph:
       ``(9) The term `tribal organization' has the meaning given 
     such term in section 3764(4) of this title.''.

                          ____________________