IIB

106TH CONGRESS

2D SESSION S. 1507

IN THE HOUSE OF REPRESENTATIVES

JUNE 14, 2000

Referred to the Committee on Resources, and in addition to the Committee

on Commerce, for a period to be subsequently determined by the Speaker,

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

AN ACT

To authorize the integration and consolidation of alcohol

and substance abuse programs and services provided by

Indian tribal governments, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Native American Alco5 hol and Substance Abuse Program Consolidation Act of

6 2000’’.
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1 SEC. 2. STATEMENT OF PURPOSE.

2 The purposes of this Act are—

3 (1) to enable Indian tribes to consolidate and

4 integrate alcohol and other substance abuse preven5 tion, diagnosis and treatment programs, and mental

6 health and related programs, to provide unified and

7 more effective and efficient services to Native Ameri8 cans afflicted with alcohol and other substance abuse

9 problems; and

10 (2) to recognize that Indian tribes can best de11 termine the goals and methods for establishing and

12 implementing prevention, diagnosis and treatment

13 programs for their communities, consistent with the

14 policy of self-determination.

15 SEC. 3. DEFINITIONS.

16 (a) IN GENERAL.—In this Act:

17 (1) FEDERAL AGENCY.—The term ‘‘Federal

18 agency’’ has the same meaning given the term in

19 section 551(1) of title 5, United States Code.

20 (2) INDIAN.—The term ‘‘Indian’’ shall have the

21 meaning given such term in section 4(d) of the In22 dian Self-Determination and Education Assistance

23 Act (25 U.S.C. 450b(d)).

24 (3) INDIAN TRIBE.—The terms ‘‘Indian tribe’’

25 and ‘‘tribe’’ shall have the meaning given the term

26 ‘‘Indian tribe’’ in section 4(e) of the Indian Self-De-
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1 termination and Education Assistance Act (25

2 U.S.C. 450b(e)) and shall include entities as pro3 vided for in subsection (b)(2).

4 (4) SECRETARY.—Except where otherwise pro5 vided, the term ‘‘Secretary’’ means the Secretary of

6 Health and Human Services.

7 (5) SUBSTANCE ABUSE.—The term ‘‘substance

8 abuse’’ includes the illegal use or abuse of a drug,

9 the abuse of an inhalant, or the abuse of tobacco or

10 related products.

11 (b) INDIAN TRIBE.—

12 (1) IN GENERAL.—In any case in which an In13 dian tribe has authorized another Indian tribe, an

14 inter-tribal consortium, or a tribal organization to

15 plan for or carry out programs, services, functions,

16 or activities (or portions thereof) on its behalf under

17 this Act, the authorized Indian tribe, inter-tribal

18 consortium, or tribal organization shall have the

19 rights and responsibilities of the authorizing Indian

20 tribe (except as otherwise provided in the author21 izing resolution or in this Act).

22 (2) INCLUSION OF OTHER ENTITIES.—In a case

23 described in paragraph (1), the term ‘‘Indian tribe’’,

24 as defined in subsection (a)(2), shall include the ad-
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1 ditional authorized Indian tribe, inter-tribal consor2 tium, or tribal organization.

3 SEC. 4. INTEGRATION OF SERVICES AUTHORIZED.

4 The Secretary of Health and Human Services, in co5 operation with the Secretary of Labor, Secretary of the

6 Interior, Secretary of Education, Secretary of Housing

7 and Urban Development, United States Attorney General,

8 and Secretary of Transportation, as appropriate, shall,

9 upon the receipt of a plan acceptable to the Secretary that

10 is submitted by an Indian tribe, authorize the tribe to co11 ordinate, in accordance with such plan, its federally fund12 ed alcohol and substance abuse and mental health pro13 grams in a manner that integrates the program services

14 involved into a single, coordinated, comprehensive pro15 gram and reduces administrative costs by consolidating

16 administrative functions.

17 SEC. 5. PROGRAMS AFFECTED.

18 The programs that may be integrated in a dem19 onstration project under any plan referred to in section

20 4 shall include—

21 (1) any program under which an Indian tribe is

22 eligible for the receipt of funds under a statutory or

23 administrative formula for the purposes of preven24 tion, diagnosis or treatment of alcohol and other

25 substance abuse problems and disorders, or mental
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1 health problems and disorders, or any program de2 signed to enhance the ability to treat, diagnose or

3 prevent alcohol and other substance abuse and re4 lated problems and disorders, or mental health prob5 lems or disorders;

6 (2) any program under which an Indian tribe is

7 eligible for receipt of funds though a competitive or

8 other grant program for the purposes of prevention,

9 diagnosis or treatment of alcohol and other sub10 stance abuse problems and disorders, or mental

11 health problems and disorders, or treatment, diag12 nosis and prevention of related problems and dis13 orders, or any program designed to enhance the abil14 ity to treat, diagnose or prevent alcohol and other

15 substance abuse and related problems and disorders,

16 or mental health problems or disorders, if—

17 (A) the Indian tribe has provided notice to

18 the appropriate agency regarding the intentions

19 of the tribe to include the grant program in the

20 plan it submits to the Secretary, and the af21 fected agency has consented to the inclusion of

22 the grant in the plan; or

23 (B) the Indian tribe has elected to include

24 the grant program in its plan, and the adminis25 trative requirements contained in the plan are
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1 essentially the same as the administrative re2 quirements under the grant program; and

3 (3) any program under which an Indian tribe is

4 eligible for receipt of funds under any other funding

5 scheme for the purposes of prevention, diagnosis or

6 treatment of alcohol and other substance abuse

7 problems and disorders, or mental health problems

8 and disorders, or treatment, diagnosis and preven9 tion of related problems and disorders, or any pro10 gram designed to enhance the ability to treat, diag11 nose or prevent alcohol and other substance abuse

12 and related problems and disorders, or mental health

13 problems or disorders.

14 SEC. 6. PLAN REQUIREMENTS.

15 For a plan to be acceptable under section 4, the plan

16 shall—

17 (1) identify the programs to be integrated;

18 (2) be consistent with the purposes of this Act

19 authorizing the services to be integrated into the

20 project;

21 (3) describe a comprehensive strategy that iden22 tifies the full range of existing and potential alcohol

23 and substance abuse and mental health treatment

24 and prevention programs available on and near the

25 tribe’s service area;
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1 (4) describe the manner in which services are to

2 be integrated and delivered and the results expected

3 under the plan;

4 (5) identify the projected expenditures under

5 the plan in a single budget;

6 (6) identify the agency or agencies in the tribe

7 to be involved in the delivery of the services inte8 grated under the plan;

9 (7) identify any statutory provisions, regula10 tions, policies or procedures that the tribe believes

11 need to be waived in order to implement its plan;

12 and

13 (8) be approved by the governing body of the

14 tribe.

15 SEC. 7. PLAN REVIEW.

16 (a) CONSULTATION.—Upon receipt of a plan from an

17 Indian tribe under section 4, the Secretary shall consult

18 with the Secretary of each Federal agency providing funds

19 to be used to implement the plan, and with the tribe sub20 mitting the plan.

21 (b) IDENTIFICATION OF WAIVERS.—The parties con22 sulting on the implementation of the plan under sub23 section (a) shall identify any waivers of statutory require24 ments or of Federal agency regulations, policies or proce-
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1 dures necessary to enable the tribal government to imple2 ment its plan.

3 (c) WAIVERS.—Notwithstanding any other provision

4 of law, the Secretary of the affected agency shall have the

5 authority to waive any statutory requirement, regulation,

6 policy, or procedure promulgated by the affected agency

7 that has been identified by the tribe or the Federal agency

8 under subsection (b) unless the Secretary of the affected

9 department determines that such a waiver is inconsistent

10 with the purposes of this Act or with those provisions of

11 the Act that authorizes the program involved which are

12 specifically applicable to Indian programs.

13 SEC. 8. PLAN APPROVAL.

14 (a) IN GENERAL.—Not later than 90 days after the

15 receipt by the Secretary of a tribe’s plan under section

16 4, the Secretary shall inform the tribe, in writing, of the

17 Secretary’s approval or disapproval of the plan, including

18 any request for a waiver that is made as part of the plan.

19 (b) DISAPPROVAL.—If a plan is disapproved under

20 subsection (a), the Secretary shall inform the tribal gov21 ernment, in writing, of the reasons for the disapproval and

22 shall give the tribe an opportunity to amend its plan or

23 to petition the Secretary to reconsider such disapproval,

24 including reconsidering the disapproval of any waiver re25 quested by the Indian tribe.
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1 SEC. 9. FEDERAL RESPONSIBILITIES.

2 (a) RESPONSIBILITIES OF THE INDIAN HEALTH

3 SERVICE.—

4 (1) MEMORANDUM OF UNDERSTANDING.—Not

5 later than 180 days after the date of enactment of

6 this Act, the Secretary of the Interior, the Secretary

7 of Labor, the Secretary of Health and Human Serv8 ices, the Secretary of Education, the Secretary of

9 Housing and Urban Development, the United States

10 Attorney General, and the Secretary of Transpor11 tation shall enter into an interdepartmental memo12 randum of agreement providing for the implementa13 tion of the plans authorized under this Act.

14 (2) LEAD AGENCY.—The lead agency under

15 this Act shall be the Indian Health Service.

16 (3) RESPONSIBILITIES.—The responsibilities of

17 the lead agency under this Act shall include—

18 (A) the development of a single reporting

19 format related to the plan for the individual

20 project which shall be used by a tribe to report

21 on the activities carried out under the plan;

22 (B) the development of a single reporting

23 format related to the projected expenditures for

24 the individual plan which shall be used by a

25 tribe to report on all plan expenditures;
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1 (C) the development of a single system of

2 Federal oversight for the plan, which shall be

3 implemented by the lead agency;

4 (D) the provision of technical assistance to

5 a tribe appropriate to the plan, delivered under

6 an arrangement subject to the approval of the

7 tribe participating in the project, except that a

8 tribe shall have the authority to accept or reject

9 the plan for providing the technical assistance

10 and the technical assistance provider; and

11 (E) the convening by an appropriate offi12 cial of the lead agency (whose appointment is

13 subject to the confirmation of the Senate) and

14 a representative of the Indian tribes that carry

15 out projects under this Act, in consultation with

16 each of the Indian tribes that participate in

17 projects under this Act, of a meeting not less

18 than 2 times during each fiscal year for the

19 purpose of providing an opportunity for all In20 dian tribes that carry out projects under this

21 Act to discuss issues relating to the implemen22 tation of this Act with officials of each agency

23 specified in paragraph (1).

24 (b) REPORT REQUIREMENTS.—The single reporting

25 format shall be developed by the Secretary under sub-
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1 section (a)(3), consistent with the requirements of this

2 Act. Such reporting format, together with records main3 tained on the consolidated program at the tribal level shall

4 contain such information as will—

5 (1) allow a determination that the tribe has

6 complied with the requirements incorporated in its

7 approved plan; and

8 (2) provide assurances to the Secretary that the

9 tribe has complied with all directly applicable statu10 tory requirements and with those directly applicable

11 regulatory requirements which have not been waived.

12 SEC. 10. NO REDUCTION IN AMOUNTS.

13 In no case shall the amount of Federal funds avail14 able to a participating tribe involved in any project be re15 duced as a result of the enactment of this Act.

16 SEC. 11. INTERAGENCY FUND TRANSFERS AUTHORIZED.

17 The Secretary of the Interior, the Secretary of Labor,

18 the Secretary of Health and Human Services, the Sec19 retary of Education, the Secretary of Housing and Urban

20 Development, the United States Attorney General, or the

21 Secretary of Transportation, as appropriate, is authorized

22 to take such action as may be necessary to provide for

23 the interagency transfer of funds otherwise available to a

24 tribe in order to further the purposes of this Act.
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1 SEC. 12. ADMINISTRATION OF FUNDS AND OVERAGE.

2 (a) ADMINISTRATION OF FUNDS.—

3 (1) IN GENERAL.—Program funds shall be ad4 ministered under this Act in such a manner as to

5 allow for a determination that funds from specific

6 programs (or an amount equal to the amount uti7 lized from each program) are expended on activities

8 authorized under such program.

9 (2) SEPARATE RECORDS NOT REQUIRED.—

10 Nothing in this section shall be construed as requir11 ing a tribe to maintain separate records tracing any

12 services or activities conducted under its approved

13 plan under section 4 to the individual programs

14 under which funds were authorized, nor shall the

15 tribe be required to allocate expenditures among in16 dividual programs.

17 (b) OVERAGE.—All administrative costs under a plan

18 under this Act may be commingled, and participating In19 dian tribes shall be entitled to the full amount of such

20 costs (under each program or department’s regulations),

21 and no overage shall be counted for Federal audit pur22 poses so long as the overage is used for the purposes pro23 vided for under this Act.

24 SEC. 13. FISCAL ACCOUNTABILITY.

25 Nothing in this Act shall be construed to interfere

26 with the ability of the Secretary or the lead agency to ful-
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1 fill the responsibilities for the safeguarding of Federal

2 funds pursuant to chapter 75 of title 31, United States

3 Code (the Single Audit Act of 1984).

4 SEC. 14. REPORT ON STATUTORY AND OTHER BARRIERS TO

5 INTEGRATION.

6 (a) PRELIMINARY REPORT.—Not later than 2 years

7 after the date of enactment of this Act, the Secretary shall

8 submit a report to the Committee on Indian Affairs of

9 the Senate and the Committee on Resources of the House

10 of Representatives on the implementation of the program

11 authorized under this Act.

12 (b) FINAL REPORT.—Not later than 5 years after the

13 date of the enactment of this Act, the Secretary shall sub14 mit a report to the Committee on Indian Affairs of the

15 Senate and the Committee on Resources of the House of

16 Representatives on the results of the implementation of

17 the program authorized under this Act. The report shall

18 identify statutory barriers to the ability of tribes to inte19 grate more effectively their alcohol and substance abuse

20 services in a manner consistent with the purposes of this

21 Act.
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1 SEC. 15. ASSIGNMENT OF FEDERAL PERSONNEL TO STATE

2 INDIAN ALCOHOL AND DRUG TREATMENT OR

3 MENTAL HEALTH PROGRAMS.

4 Any State with an alcohol and substance abuse or

5 mental health program targeted to Indian tribes shall be

6 eligible to receive, at no cost to the State, such Federal

7 personnel assignments as the Secretary, in accordance

8 with the applicable provisions of subchapter IV of chapter

9 33 of title 5, United States Code (the Intergovernmental

10 Personnel Act of 1970), may deem appropriate to help in11 sure the success of such program.

Passed the Senate June 13, 2000.

Attest: GARY SISCO,

Secretary.