### §2413. Departmental responsibility

#### (a) Implementation

The Secretary of the Interior, acting through the Bureau of Indian Affairs, the Attorney General, and the Secretary of Health and Human Services, acting through the Indian Health Service, shall bear equal responsibility for the implementation of this chapter in cooperation with Indian tribes.

#### (b) Office of Alcohol and Substance Abuse

#### (1) Establishment

#### (A) In general

To improve coordination among the Federal agencies and departments carrying out this chapter, there is established within the Substance Abuse and Mental Health Services Administration an office, to be known as the "Office of Indian Alcohol and Substance Abuse" (referred to in this section as the "Office").

#### (B) Director

The director of the Office shall be appointed by the Administrator of the Substance Abuse and Mental Health Services Administration—

(i) on a permanent basis; and

(ii) at a grade of not less than GS–15 of the General Schedule.

#### (2) Responsibilities of Office

In addition to other responsibilities which may be assigned to such Office, it shall be responsible for—

(A) coordinating with other agencies to monitor the performance and compliance of the relevant Federal programs in achieving the goals and purposes of this chapter and the Memorandum of Agreement entered into under section 2411 of this title;

(B) serving as a point of contact for Indian tribes and the Tribal Coordinating Committees regarding the implementation of this chapter, the Memorandum of Agreement, and any Tribal Action Plan established under section 2412 of this title; and

(C) not later than 1 year after July 29, 2010, developing, in coordination and consultation with tribal governments, a framework for interagency and tribal coordination that—

(i) establish 1 the goals and other desired outcomes of this Act;

(ii) prioritizes outcomes that are aligned with the purposes of affected agencies;

(iii) provides guidelines for resource and information sharing;

(iv) provides technical assistance to the affected agencies to establish effective and permanent interagency communication and coordination; and

(v) determines whether collaboration is feasible, cost-effective, and within agency capability.

#### (3) Appointment of employees

The Administrator of the Substance Abuse and Mental Health Services Administration shall appoint such employees to work in the Office, and shall provide such funding, services, and equipment, as may be necessary to enable the Office to carry out the responsibilities under this subsection.

#### (c) Indian Youth Programs Officer

(1) There is established in the Office the position to be known as the Indian Youth Programs Officer. The Administrator of the Substance Abuse and Mental Health Services Administration shall appoint the Indian Youth Programs Officer.

(2) The position of Indian Youth Programs Officer shall be established on a permanent basis at no less than the grade of GS–14 of the General Schedule.

(3) In addition to other responsibilities which may be assigned to the Indian Youth Programs Officer relating to Indian youth such Officer shall be responsible for—

(A) monitoring the performance and compliance of the applicable Federal programs in meeting the goals and purposes of this chapter and the Memorandum of Agreement entered into under section 2411 of this title as they relate to Indian youth efforts, and

(B) providing advice and recommendations, including recommendations submitted by Indian tribes and Tribal Coordinating Committees, to the Director of the Office as they relate to Indian youth.

(Pub. L. 99–570, title IV, §4207, Oct. 27, 1986, 100 Stat. 3207–141; Pub. L. 100–690, title II, §2216, Nov. 18, 1988, 102 Stat. 4221; Pub. L. 102–573, title VII, §703(2), Oct. 29, 1992, 106 Stat. 4583; Pub. L. 111–211, title II, §241(a)(3), July 29, 2010, 124 Stat. 2288.)

#### **Editorial Notes**

#### References in Text

The General Schedule, referred to in subsecs. (b)(1)(B)(ii) and (c)(2), is set out under section 5332 of Title 5, Government Organization and Employees.

This Act, referred to in subsec. (b)(2)(C)(i), is Pub. L. 99–570, Oct. 27, 1986, 100 Stat. 3207, known as the Anti-Drug Abuse Act of 1986. For complete classification of this Act to the Code, see Short Title of 1986 Amendment note set out under section 801 of Title 21, Food and Drugs, and Tables.

#### Amendments

2010—Subsec. (a). Pub. L. 111–211, §241(a)(3)(A), inserted ", the Attorney General" after "Bureau of Indian Affairs".

Subsec. (b)(1). Pub. L. 111–211, §241(a)(3)(B)(i), added par. (1) and struck out former par. (1) which read as follows: "In order to better coordinate the various programs of the Bureau of Indian Affairs in carrying out this chapter, there is established within the Office of the Assistant Secretary of the Interior for Indian Affairs an Office of Alcohol and Substance Abuse. The director of such office shall be appointed by the Assistant Secretary of the Interior for Indian Affairs on a permanent basis at no less than a grade GS–15 of the General Schedule."

Subsec. (b)(2). Pub. L. 111–211, §241(a)(3)(B)(ii)(I), inserted heading.

Subsec. (b)(2)(A). Pub. L. 111–211, §241(a)(3)(B)(ii)(II), added subpar. (A) and struck out former subpar. (A) which read as follows: "monitoring the performance and compliance of programs of the Bureau of Indian Affairs in meeting the goals and purposes of this chapter and the Memorandum of Agreement entered into under section 2411 of this title, and".

Subsec. (b)(2)(B). Pub. L. 111–211, §241(a)(3)(B)(ii)(III)(aa), struck out "within the Bureau of Indian Affairs" after "point of contact".

Subsec. (b)(2)(C). Pub. L. 111–211, §241(a)(3)(B)(ii)(III)(bb), (IV), added subpar. (C).

Subsec. (b)(3). Pub. L. 111–211, §241(a)(3)(B)(iii), added par. (3) and struck out former par. (3) which read as follows: "The Assistant Secretary of the Interior for Indian Affairs shall appoint such employees to work in the Office of Alcohol and Substance Abuse, and shall provide such funding, services, and equipment as may be necessary to enable the Office of Alcohol and Substance Abuse to carry out its responsibilities."

Subsec. (c)(1). Pub. L. 111–211, §241(a)(3)(C)(i), (ii), struck out "of Alcohol and Substance Abuse" after "Office" and substituted "The Administrator of the Substance Abuse and Mental Health Services Administration" for "The Assistant Secretary of the Interior for Indian Affairs".

Subsec. (c)(3). Pub. L. 111–211, §241(a)(3)(C)(iii)(I), which directed substitution of "youth" for "Youth" in introductory provisions, was executed by making the substitution for "Youth" the second time appearing, to reflect the probable intent of Congress.

Subsec. (c)(3)(A). Pub. L. 111–211, §241(a)(3)(C)(iii)(II), substituted "the applicable Federal programs" for "programs of the Bureau of Indian Affairs".

Subsec. (c)(3)(B). Pub. L. 111–211, §241(a)(3)(C)(i), struck out "of Alcohol and Substance Abuse" after "Office".

1992—Subsec. (b)(3). Pub. L. 102–573 amended par. (3) generally. Prior to amendment, par. (3) read as follows: "The Assistant Secretary of the Interior for Indian Affairs shall appoint such employees to work in the Office of Alcohol and Substance Abuse, and shall provide such services and equipment, as may be necessary to enable the Office of Alcohol and Substance Abuse to carry out its responsibilities."

1988—Subsec. (b)(1). Pub. L. 100–690, §2216(1), (2), substituted "Assistant Secretary of the Interior for" for "Assistant Secretary of" and "Assistant Secretary of the Interior for Indian Affairs on" for "Assistant Secretary on".

Subsec. (b)(3). Pub. L. 100–690, §2216(3), added par. (3).

Subsec. (c)(1). Pub. L. 100–690, §2216(4), inserted at end "The Assistant Secretary of the Interior for Indian Affairs shall appoint the Indian Youth Programs Officer."

1 So in original. Probably should be "establishes".