II 

Calendar No. 143

108TH CONGRESS 

1ST SESSION S. 285

[Report No. 108–75] 

To authorize the integration and consolidation of alcohol and substance abuse 

programs and services provided by Indian tribal governments, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 4, 2003

Mr. CAMPBELL (for himself, Ms. MURKOWSKI, Mr. DOMENICI, and Mr. 

INOUYE) introduced the following bill; which was read twice and referred 

to the Committee on Indian Affairs 

JUNE 18, 2003

Reported by Mr. CAMPBELL, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL

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,
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Native American Alco3 hol and Substance Abuse Program Consolidation Act of 

4 2003’’. 

5 SEC. 2. PURPOSES. 

6 The purposes of this Act are—

7 (1) to enable Indian tribes to consolidate and 

8 integrate alcohol and other substance abuse preven9 tion, diagnosis, and treatment programs, and mental 

10 health and related programs, to provide unified and 

11 more effective and efficient services to Indians af12 flicted with mental health, alcohol, or other sub13 stance abuse problems; 

14 (2) to recognize that Indian tribes can best de15 termine the goals and methods for establishing and 

16 implementing prevention, diagnosis, and treatment 

17 programs for their communities, consistent with the 

18 policy of self-determination; 

19 (3) to encourage and facilitate the implementa20 tion of an automated clinical information system to 

21 complement the Indian health care delivery system; 

22 (4) to authorize the use of Federal funds to 

23 purchase, lease, license, or provide training for tech24 nology for an automated clinical information ystem 

25 that incorporates clinical, financial, and reporting 
3

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1 capabilities for Indian behavioral health care pro2 grams; 

3 (5) to encourage quality assurance policies and 

4 procedures, and empower Indian tribes through 

5 training and use of technology, to significantly en6 hance the delivery of, and treatment results from, 

7 Indian behavioral health care programs; 

8 (6) to assist Indian tribes in maximizing use of 

9 public, tribal, human, and financial resources in de10 veloping effective, understandable, and meaningful 

11 practices under Indian behavioral health care pro12 grams; and 

13 (7) to encourage and facilitate timely and effec14 tive analysis and evaluation of Indian behavioral 

15 health care programs. 

16 SEC. 3. DEFINITIONS. 

17 In this Act: 

18 (1) AUTOMATED CLINICAL INFORMATION SYS19 TEM.—The term ‘‘automated clinical information 

20 system’’ means an automated computer software 

21 system that can be used to manage clinical, finan22 cial, and reporting information for Indian behavioral 

23 health care programs. 
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1 (2) FEDERAL AGENCY.—The term ‘‘Federal 

2 agency’’ has the meaning given the term ‘‘agency’’ 

3 in section 551 of title 5, United States Code. 

4 (3) INDIAN.—The term ‘‘Indian’’ has the mean5 ing given the term in section 4 of the Indian Self6 Determination and Education Assistance Act (25 

7 U.S.C. 450b). 

8 (4) INDIAN BEHAVIORAL HEALTH CARE PRO9 GRAM.—The term ‘‘Indian behavioral health care 

10 program’’ means a federally funded program, for the 

11 benefit of Indians, to prevent, diagnose, or treat, or 

12 enhance the ability to prevent, diagnose, or treat—

13 (A) mental health problems; or 

14 (B) alcohol or other substance abuse prob15 lems. 

16 (5) INDIAN TRIBE.—

17 (A) IN GENERAL.—The term ‘‘Indian 

18 tribe’’ has the meaning given the term in sec19 tion 4 of the Indian Self Determination and 

20 Education Assistance Act (25 U.S.C. 450b). 

21 (B) INCLUSIONS.—The term ‘‘Indian 

22 tribe’’, in a case in which an intertribal consor23 tium, tribal organization, or Indian health cen24 ter is authorized to carry out 1 or more pro25 grams, services, functions, or activities of an In-
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1 dian tribe under this Act, includes the inter2 tribal consortium, tribal organization, or Indian 

3 health center. 

4 (6) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of Health and Human Services. 

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

7 abuse’’ includes—

8 (A) the illegal use or abuse of a drug or 

9 an inhalant; and 

10 (B) the abuse of tobacco or a related prod11 uct. 

12 SEC. 4. PLANS. 

13 The Secretary, in cooperation with the Secretary of 

14 Labor, the Secretary of the Interior, the Secretary of Edu15 cation, the Secretary of Housing and Urban Development, 

16 the Attorney General, and the Secretary of Transpor17 tation, as appropriate, shall, on receipt of a plan accept18 able to the Secretary that is submitted by an Indian tribe, 

19 authorize the Indian tribe to carry out a demonstration 

20 project to coordinate, in accordance with the plan, the In21 dian behavioral health care programs of the Indian tribe 

22 in a manner that integrates the program services into a 

23 single, coordinated, comprehensive program that uses, to 

24 the extent necessary, an automated clinical information 

25 system to better manage administrative and clinical serv-
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1 ices, costs, and reporting requirements through the con2 solidation and integration of administrative and clinical 

3 functions. 

4 SEC. 5. PROGRAMS AFFECTED. 

5 Programs that may be integrated in a demonstration 

6 project described in section 4 are—

7 (1) an Indian behavioral health care program 

8 under which an Indian tribe is eligible for the receipt 

9 of funds under a statutory or administrative for10 mula; 

11 (2) an Indian behavioral health care program 

12 under which an Indian tribe is eligible for receipt of 

13 funds through competitive or other grants, if—

14 (A)(i) the Indian tribe provides notice to 

15 the appropriate agency regarding the intentions 

16 of the Indian tribe to include the Indian behav17 ioral health care program in the plan that the 

18 Indian tribe submits to the Secretary; and 

19 (ii) the agency consents to the inclusion of 

20 the grant in the plan; or 

21 (B)(i) the Indian tribe elects to include the 

22 Indian behavioral health care program in the 

23 plan; and 

24 (ii) the administrative requirements con25 tained in the plan are essentially the same as 
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1 the administrative requirements applicable to a 

2 grant under the Indian behavioral health care 

3 program; and 

4 (3) an Indian behavioral health care program 

5 under which an Indian tribe is eligible to receive 

6 funds under any other funding scheme. 

7 SEC. 6. PLAN REQUIREMENTS. 

8 A plan of an Indian tribe submitted under section 4 

9 shall—

10 (1) identify the programs to be integrated; 

11 (2) be consistent with this Act; 

12 (3) describe a comprehensive strategy that—

13 (A) identifies the full range of existing and 

14 potential alcohol and substance abuse and men15 tal health treatment and prevention programs 

16 available on and near the service area of the In17 dian tribe; and 

18 (B) may include site and technology as19 sessments and any necessary computer hard20 ware installation and support; 

21 (4) describe the manner in which services are to 

22 be integrated and delivered and the results expected 

23 under the plan (including, if implemented, the man24 ner and expected results of implementation of an 

25 automated clinical information system); 
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1 (5) identify the projected expenditures under 

2 the plan in a single budget; 

3 (6) identify the agency or agencies in the In4 dian tribe to be involved in the delivery of the serv5 ices integrated under the plan; 

6 (7) identify any statutory provisions, regula7 tions, policies, or procedures that the Indian tribe 

8 requests be waived in order to implement the plan; 

9 and 

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

11 Indian tribe. 

12 SEC. 7. PLAN REVIEW. 

13 (a) CONSULTATION.—On receipt of a plan from an 

14 Indian tribe under section 4, the Secretary shall consult 

15 with—

16 (1) the head of each Federal agency providing 

17 funds to be used to implement the plan; and 

18 (2) the Indian tribe. 

19 (b) IDENTIFICATION OF WAIVERS.—Each party con20 sulting on the implementation of a plan under section 4 

21 shall identify any waivers of statutory requirements or of 

22 Federal agency regulations, policies, or procedures that 

23 the party determines to be necessary to enable the Indian 

24 tribe to implement the plan. 
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1 (c) WAIVERS.—Notwithstanding any other provision 

2 of law, the head of a Federal agency may waive any statu3 tory requirement, regulation, policy, or procedure promul4 gated by the Federal agency is identified by the Indian 

5 tribe or the Federal agency under subsection (b) unless 

6 the head of the affected Federal agency determines that 

7 a waiver is inconsistent with—

8 (1) this Act; 

9 (2) any statutory requirement applicable to the 

10 program to be integrated under the plan that is spe11 cifically applicable to Indian programs; and 

12 (3) any underlying statutory objective or pur13 pose of a program to be consolidated under the plan, 

14 to such a degree as would render ineffectual activi15 ties funded under the program. 

16 SEC. 8. PLAN APPROVAL. 

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

18 date of receipt by the Secretary of a plan under section 

19 4, the Secretary shall inform the Indian tribe that sub20 mitted the plan, in writing, of the approval or disapproval 

21 of the plan (including any request for a waiver that is 

22 made as part of the plan). 

23 (b) DISAPPROVAL.—

24 (1) IN GENERAL.—The Secretary may dis25 approve a plan if—
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1 (A) the plan does not provide sufficient in2 formation for the Secretary to adequately re3 view the plan for compliance with this Act; 

4 (B) the plan does not comply with this 

5 Act; 

6 (C) the plan provides for the purchase, 

7 lease, license, or training for, an automated 

8 clinical information system, but the purchase, 

9 lease, license, or training would require aggre10 gate expenditures of program funding at such a 

11 level as would render other program substan12 tially ineffectual; or 

13 (D)(i) the plan identifies waivers that can14 not be waived under section 7(c); and 

15 (ii) the plan would be rendered substan16 tially ineffectual without the waivers. 

17 (2) NOTICE.—If a plan is disapproved under 

18 subsection (a), the Secretary shall—

19 (A) inform the Indian tribe, in writing, of 

20 the reasons for the disapproval; and 

21 (B) provide the Indian tribe an oppor22 tunity—

23 (i) to amend and resubmit the plan; 

24 or 
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1 (ii) to petition the Secretary to recon2 sider the disapproval (including reconsid3 ering the disapproval of any waiver re4 quested by the Indian tribe). 

5 SEC. 9. USE OF FUNDS FOR TECHNOLOGY. 

6 Notwithstanding any requirement applicable to an In7 dian behavioral health care program of an Indian tribe 

8 that is integrated under a demonstration project described 

9 in section 4, the Indian tribe may use funds made avail10 able under the program to purchase, lease, license, or pro11 vide training for technology for an automated clinical in12 formation system if the purchase, lease, licensing of, or 

13 provision of training is conducted in accordance with a 

14 plan approved by the Secretary under section 8. 

15 SEC. 10. FEDERAL RESPONSIBILITIES. 

16 (a) RESPONSIBILITIES OF THE INDIAN HEALTH

17 SERVICE.— 

18 (1) MEMORANDUM OF UNDERSTANDING.—Not 

19 later than 180 days after the date of enactment of 

20 this Act, the Secretary, the Secretary of the Interior, 

21 the Secretary of Labor, the Secretary of Education, 

22 the Secretary of Housing and Urban Development, 

23 the Attorney General, and the Secretary of Trans24 portation shall enter into a memorandum of agree-
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1 ment providing for the implementation of the plans 

2 approved under section 8. 

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

4 this Act shall be the Indian Health Service. 

5 (3) RESPONSIBILITIES.—The responsibilities of 

6 the lead agency under this Act shall include—

7 (A) the development of a single reporting 

8 format—

9 (i) relating to each plan for a dem10 onstration project submitted under section 

11 4, which shall be used by an Indian tribe 

12 to report activities carried out under the 

13 plan; and 

14 (ii) relating to the projected expendi15 tures for the individual plan, which shall 

16 be used by an Indian tribe to report all 

17 plan expenditures; 

18 (B) the development of a single system of 

19 Federal oversight for the plan, which shall be 

20 implemented by the lead agency; 

21 (C) the provision of, or arrangement for 

22 provision of, technical assistance to an Indian 

23 tribe that is appropriate to support and imple24 ment the plan, delivered under an arrangement 

25 subject to the approval of the Indian tribe par-
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1 ticipating in the project (except that an Indian 

2 tribe shall have the authority to accept or reject 

3 the plan for providing the technical assistance 

4 and the technical assistance provider); and 

5 (D) the convening by an appropriate offi6 cial of the lead agency (who shall be an official 

7 appointed by and with the advice and consent 

8 of the Senate) and a representative of the In9 dian tribes that carry out projects under this 

10 Act, in consultation with each of the Indian 

11 tribes that participate in projects under this 

12 Act, of a meeting at least twice during each fis13 cal year, for the purpose of providing an oppor14 tunity for all Indian tribes that carry out 

15 projects under this Act to discuss issues relat16 ing to the implementation of this Act with offi17 cials of each agency specified in paragraph (1). 

18 (b) REPORT REQUIREMENTS.—

19 (1) IN GENERAL.—The single reporting formats 

20 described in subsection (a)(3)(A) shall be developed 

21 by the Secretary in accordance with this Act. 

22 (2) INFORMATION.—The single reporting for23 mat, together with records maintained on the con24 solidated program at the tribal level, shall contain 

25 such information as the Secretary determines will—
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1 (A) allow the Secretary to determine 

2 whether the Indian tribe has complied with the 

3 requirements incorporated in the approved plan 

4 of the Indian tribe; and 

5 (B) provide assurances to the Secretary 

6 that the Indian tribe has complied with all—

7 (i) applicable statutory requirements; 

8 and 

9 (ii) applicable regulatory requirements 

10 that have not been waived. 

11 SEC. 11. NO REDUCTION IN AMOUNTS. 

12 In no case shall the amount of Federal funds avail13 able to an Indian tribe involved in any project under this 

14 Act be reduced as a result of the enactment of this Act. 

15 SEC. 12. INTERAGENCY FUND TRANSFERS. 

16 The Secretary, the Secretary of the Interior, the Sec17 retary of Labor, the Secretary of Education, the Secretary 

18 of Housing and Urban Development, the Attorney Gen19 eral, or the Secretary of Transportation, as appropriate, 

20 may take such action as is necessary to provide for the 

21 interagency transfer of funds otherwise available to an In22 dian tribe in order to carry out this Act. 

23 SEC. 13. ADMINISTRATION OF FUNDS; EXCESS FUNDS. 

24 (a) ADMINISTRATION OF FUNDS.— 
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1 (1) IN GENERAL.—Program funds shall be ad2 ministered under this Act in such a manner as to 

3 allow for a determination by the Secretary that 

4 funds made available for specific programs (or an 

5 amount equal to the amount used from each pro6 gram) are expended on activities authorized under 

7 the program. 

8 (2) SEPARATE RECORDS NOT REQUIRED.—

9 Nothing in this section requires an Indian tribe—

10 (A) to maintain separate records tracing 

11 any service provided or activity conducted under 

12 the approved plan of the Indian tribe to the in13 dividual programs under which funds were au14 thorized; or 

15 (B) to allocate expenditures among indi16 vidual programs. 

17 (b) EXCESS FUNDS.—With respect to administrative 

18 costs of carrying out the approved plan of an Indian tribe 

19 under this Act—

20 (1) all administrative costs under the approved 

21 plan may be commingled; 

22 (2) an Indian tribe that carries out a dem23 onstration program under such an approved plan 

24 shall be entitled to receive reimbursement for the 
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1 full amount of those costs in accordance with regula2 tions of each program or department; and 

3 (3) if the Indian tribe, after paying administra4 tive costs associated with carrying out the approved 

5 plans, realizes excess administrative funds, those 

6 funds shall not be counted for Federal audit pur7 poses if the excess funds are used for the purposes 

8 provided for under this Act. 

9 SEC. 14. FISCAL ACCOUNTABILITY. 

10 Nothing in this Act affects the authority of the Sec11 retary or the lead agency to safeguard Federal funds in 

12 accordance with chapter 75 of title 31, United States 

13 Code. 

14 SEC. 15. REPORT ON STATUTORY AND OTHER BARRIERS TO 

15 INTEGRATION. 

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

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

18 submit to the Committee on Indian Affairs of the Senate 

19 and the Committee on Resources of the House of Rep20 resentatives a preliminary report that describes the imple21 mentation of this Act. 

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

23 date of enactment of this Act, the Secretary shall submit 

24 to the Committee on Indian Affairs of the Senate and the
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1 Committee on Resources of the House of Representatives 

2 a final report that—

3 (1) describes the results of implementation of 

4 this Act; and 

5 (2) identifies statutory barriers to the ability of 

6 Indian tribes to integrate more effectively alcohol 

7 and substance abuse services in a manner consistent 

8 with this Act. 

9 SEC. 15. ASSIGNMENT OF FEDERAL PERSONNEL TO STATE 

10 INDIAN ALCOHOL AND DRUG TREATMENT OR 

11 MENTAL HEALTH PROGRAMS. 

12 Any State with an alcohol and substance abuse or 

13 mental health program targeted toward Indian tribes shall 

14 be eligible to receive, at no cost to the State, such Federal 

15 personnel assignments as the Secretary, in accordance 

16 with the applicable provisions of subchapter IV of chapter 

17 33 of title 5, United States Code, determines to be appro18 priate to help ensure the success of the program.

19 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

20 (a) SHORT TITLE.—This Act may be cited as the ‘‘Na21 tive American Alcohol and Substance Abuse Program Con22 solidation Act of 2003’’. 

23 (b) TABLE OF CONTENTS.—The table of contents of this 

24 Act is as follows:

Sec. 1. Short title; table of contents. 
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TITLE I—INTEGRATION AND CONSOLIDATION OF ALCOHOL AND 

SUBSTANCE ABUSE PROGRAMS AND SERVICES 

Sec. 101. Purposes. 

Sec. 102. Definitions. 

Sec. 103. Plans. 

Sec. 104. Programs affected. 

Sec. 105. Plan requirements. 

Sec. 106. Plan review. 

Sec. 107. Plan approval. 

Sec. 108. Use of funds for technology. 

Sec. 109. Federal responsibilities. 

Sec. 110. No reduction in amounts. 

Sec. 111. Interagency fund transfers. 

Sec. 112. Administration of funds; excess funds. 

Sec. 113. Fiscal accountability. 

Sec. 114. Report on statutory and other barriers to integration. 

Sec. 115. Assignment of Federal personnel to State Indian alcohol and drug treatment or mental health programs. 

TITLE II—REAUTHORIZATION OF CERTAIN INDIAN ALCOHOL AND 

SUBSTANCE ABUSE PREVENTION AND TREATMENT PROGRAMS 

Sec. 201. Indian Alcohol and Substance Abuse Prevention and Treatment Act of 

1986. 

Sec. 202. Effective date.

1 TITLE I—INTEGRATION AND 

2 CONSOLIDATION OF ALCO3 HOL AND SUBSTANCE ABUSE 

4 PROGRAMS AND SERVICES 

5 SEC. 101. PURPOSES. 

6 The purposes of this title are—

7 (1) to enable Indian tribes to consolidate and in8 tegrate alcohol and other substance abuse prevention, 

9 diagnosis, and treatment programs, and mental 

10 health and related programs, to provide unified and 

11 more effective and efficient services to Indians af12 flicted with mental health, alcohol, or other substance 

13 abuse problems; 
19

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1 (2) to recognize that Indian tribes can best deter2 mine the goals and methods for establishing and im3 plementing prevention, diagnosis, and treatment pro4 grams for their communities, consistent with the pol5 icy of self-determination; 

6 (3) to encourage and facilitate the implementa7 tion of an automated clinical information system to 

8 complement the Indian health care delivery system; 

9 (4) to authorize the use of Federal funds to pur10 chase, lease, license, or provide training for technology 

11 for an automated clinical information system that in12 corporates clinical, financial, and reporting capabili13 ties for Indian behavioral health care programs; 

14 (5) to encourage quality assurance policies and 

15 procedures, and empower Indian tribes through train16 ing and use of technology, to significantly enhance the 

17 delivery of, and treatment results from, Indian behav18 ioral health care programs; 

19 (6) to assist Indian tribes in maximizing use of 

20 public, tribal, human, and financial resources in de21 veloping effective, understandable, and meaningful 

22 practices under Indian behavioral health care pro23 grams; 
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1 (7) to encourage and facilitate timely and effec2 tive analysis and evaluation of Indian behavioral 

3 health care programs; and 

4 (8) to reauthorize certain Indian alcohol and 

5 substance abuse prevention and treatment programs. 

6 SEC. 102. DEFINITIONS. 

7 In this title: 

8 (1) AUTOMATED CLINICAL INFORMATION SYS9 TEM.—The term ‘‘automated clinical information sys10 tem’’ means an automated computer software system 

11 that can be used to manage clinical, financial, and 

12 reporting information for Indian behavioral health 

13 care programs. 

14 (2) FEDERAL AGENCY.—The term ‘‘Federal agen15 cy’’ has the meaning given the term ‘‘agency’’ in sec16 tion 551 of title 5, United States Code. 

17 (3) INDIAN.—The term ‘‘Indian’’ has the mean18 ing given the term in section 4 of the Indian Self-De19 termination and Education Assistance Act (25 U.S.C. 

20 450b). 

21 (4) INDIAN BEHAVIORAL HEALTH CARE PRO22 GRAM.—The term ‘‘Indian behavioral health care pro23 gram’’ means a federally funded program, for the ben24 efit of Indians, to prevent, diagnose, or treat, or en25 hance the ability to prevent, diagnose, or treat—
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1 (A) mental health problems; or 

2 (B) alcohol or other substance abuse prob3 lems. 

4 (5) INDIAN TRIBE.—

5 (A) IN GENERAL.—The term ‘‘Indian tribe’’ 

6 has the meaning given the term in section 4 of 

7 the Indian Self Determination and Education 

8 Assistance Act (25 U.S.C. 450b). 

9 (B) INCLUSIONS.—The term ‘‘Indian tribe’’, 

10 in a case in which an intertribal consortium, 

11 tribal organization, or Indian health center is 

12 authorized to carry out 1 or more programs, 

13 services, functions, or activities of an Indian 

14 tribe under this Act, includes the intertribal con15 sortium, tribal organization, or Indian health 

16 center. 

17 (6) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of Health and Human Services. 

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

20 abuse’’ includes—

21 (A) the illegal use or abuse of a drug or an 

22 inhalant; and 

23 (B) the abuse of tobacco or a related prod24 uct.
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1 SEC. 103. PLANS. 

2 The Secretary, in cooperation with the Secretary of 

3 Labor, the Secretary of the Interior, the Secretary of Edu4 cation, the Secretary of Housing and Urban Development, 

5 the Attorney General, and the Secretary of Transportation, 

6 as appropriate, shall, on receipt of a plan acceptable to the 

7 Secretary that is submitted by an Indian tribe, authorize 

8 the Indian tribe to carry out a demonstration project to 

9 coordinate, in accordance with the plan, the Indian behav10 ioral health care programs of the Indian tribe in a manner 

11 that integrates the program services into a single, coordi12 nated, comprehensive program that uses, to the extent nec13 essary, an automated clinical information system to better 

14 manage administrative and clinical services, costs, and re15 porting requirements through the consolidation and inte16 gration of administrative and clinical functions. 

17 SEC. 104. PROGRAMS AFFECTED. 

18 Programs that may be integrated in a demonstration 

19 project described in section 103 are—

20 (1) an Indian behavioral health care program 

21 under which an Indian tribe is eligible for the receipt 

22 of funds under a statutory or administrative formula; 

23 (2) an Indian behavioral health care program 

24 under which an Indian tribe is eligible for receipt of 

25 funds through competitive or other grants, if—
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1 (A)(i) the Indian tribe provides notice to 

2 the appropriate agency regarding the intentions 

3 of the Indian tribe to include the Indian behav4 ioral health care program in the plan that the 

5 Indian tribe submits to the Secretary; and 

6 (ii) the agency consents to the inclusion of 

7 the grant in the plan; or 

8 (B)(i) the Indian tribe elects to include the 

9 Indian behavioral health care program in the 

10 plan; and 

11 (ii) the administrative requirements con12 tained in the plan are essentially the same as the 

13 administrative requirements applicable to a 

14 grant under the Indian behavioral health care 

15 program; and 

16 (3) an Indian behavioral health care program 

17 under which an Indian tribe is eligible to receive 

18 funds under any other funding scheme. 

19 SEC. 105. PLAN REQUIREMENTS. 

20 A plan of an Indian tribe submitted under section 103 

21 shall—

22 (1) identify the programs to be integrated; 

23 (2) be consistent with this title; 

24 (3) describe a comprehensive strategy that—
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1 (A) identifies the full range of existing and 

2 potential alcohol and substance abuse and men3 tal health treatment and prevention programs 

4 available on and near the service area of the In5 dian tribe; and 

6 (B) may include site and technology assess7 ments and any necessary computer hardware in8 stallation and support; 

9 (4) describe the manner in which services are to 

10 be integrated and delivered and the results expected 

11 under the plan (including, if implemented, the man12 ner and expected results of implementation of an 

13 automated clinical information system); 

14 (5) identify the projected expenditures under the 

15 plan in a single budget; 

16 (6) identify the agency or agencies in the Indian 

17 tribe to be involved in the delivery of the services inte18 grated under the plan; 

19 (7) identify any statutory provisions, regula20 tions, policies, or procedures that the Indian tribe re21 quests be waived in order to implement the plan; and 

22 (8) be approved by the governing body of the In23 dian tribe. 
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1 SEC. 106. PLAN REVIEW. 

2 (a) CONSULTATION.—On receipt of a plan from an In3 dian tribe under section 103, the Secretary shall consult 

4 with—

5 (1) the head of each Federal agency providing 

6 funds to be used to implement the plan; and 

7 (2) the Indian tribe. 

8 (b) IDENTIFICATION OF WAIVERS.—Each party con9 sulting on the implementation of a plan under section 101 

10 shall identify any waivers of statutory requirements or of 

11 Federal agency regulations, policies, or procedures that the 

12 party determines to be necessary to enable the Indian tribe 

13 to implement the plan. 

14 (c) WAIVERS.—Notwithstanding any other provision 

15 of law, the head of a Federal agency may waive any statu16 tory requirement, regulation, policy, or procedure promul17 gated by the Federal agency that has been identified by the 

18 Indian tribe or the Federal agency under subsection (b) un19 less the head of the affected Federal agency determines that 

20 such a waiver is inconsistent with—

21 (1) this title; 

22 (2) any statutory requirement applicable to the 

23 program to be integrated under the plan that is spe24 cifically applicable to Indian programs; and 

25 (3) any underlying statutory objective or purpose 

26 of a program to be consolidated under the plan, to 
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1 such a degree as would render ineffectual activities 

2 funded under the program. 

3 SEC. 107. PLAN APPROVAL. 

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

5 date of receipt by the Secretary of a plan under section 103, 

6 the Secretary shall inform the Indian tribe that submitted 

7 the plan, in writing, of the approval or disapproval of the 

8 plan (including any request for a waiver that is made as 

9 part of the plan). 

10 (b) DISAPPROVAL.—

11 (1) IN GENERAL.—The Secretary may dis12 approve a plan if—

13 (A) the plan does not provide sufficient in14 formation for the Secretary to adequately review 

15 the plan for compliance with this title (including 

16 with respect to information regarding the tim17 ing, availability, and receipt of all program 

18 funding to be consolidated or integrated); 

19 (B) the plan does not comply with this title; 

20 (C) the plan provides for the purchase, 

21 lease, license, or training for, an automated clin22 ical information system, but the purchase, lease, 

23 license, or training would require aggregate ex24 penditures of program funding at such a level as
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1 would render other program substantially inef2 fectual; or 

3 (D)(i) the plan identifies waivers that can4 not be waived under section 106(c); and 

5 (ii) the plan would be rendered substan6 tially ineffectual without the waivers. 

7 (2) NOTICE.—If a plan is disapproved under 

8 subsection (a), the Secretary shall—

9 (A) inform the Indian tribe, in writing, of 

10 the reasons for the disapproval; and 

11 (B) provide the Indian tribe an oppor12 tunity—

13 (i) to amend and resubmit the plan; or 

14 (ii) to petition the Secretary to recon15 sider the disapproval (including reconsid16 ering the disapproval of any waiver re17 quested by the Indian tribe). 

18 SEC. 108. USE OF FUNDS FOR TECHNOLOGY. 

19 Notwithstanding any requirement applicable to an In20 dian behavioral health care program of an Indian tribe that 

21 is integrated under a demonstration project described in 

22 section 103, the Indian tribe may use funds made available 

23 under the program to purchase, lease, license, or provide 

24 training for technology for an automated clinical informa25 tion system if the purchase, lease, licensing of, or provision 
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1 of training is conducted in accordance with a plan ap2 proved by the Secretary under section 106. 

3 SEC. 109. FEDERAL RESPONSIBILITIES. 

4 (a) RESPONSIBILITIES OF THE INDIAN HEALTH SERV5 ICE.— 

6 (1) MEMORANDUM OF UNDERSTANDING.—Not 

7 later than 180 days after the date of enactment of this 

8 Act, the Secretary, the Secretary of the Interior, the 

9 Secretary of Labor, the Secretary of Education, the 

10 Secretary of Housing and Urban Development, the 

11 Attorney General, and the Secretary of Transpor12 tation shall enter into a memorandum of agreement 

13 providing for the implementation of the plans ap14 proved under section 107. 

15 (2) COORDINATING AGENCY.—The coordinating 

16 agency under this title shall be the Indian Health 

17 Service. 

18 (3) RESPONSIBILITIES.—The responsibilities of 

19 the coordinating agency under this title shall in20 clude—

21 (A) the development of a single reporting 

22 format—

23 (i) relating to each plan for a dem24 onstration project submitted under section 

25 103, which shall be used by an Indian tribe 
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1 to report activities carried out under the 

2 plan; and 

3 (ii) relating to the projected expendi4 tures for the individual plan, which shall be 

5 used by an Indian tribe to report all plan 

6 expenditures; 

7 (B) the development of a single system of 

8 Federal oversight for the plan, which shall be im9 plemented by the coordinating agency; 

10 (C) the provision of, or arrangement for 

11 provision of, technical assistance to an Indian 

12 tribe that is appropriate to support and imple13 ment the plan, delivered under an arrangement 

14 subject to the approval of the Indian tribe par15 ticipating in the project (except that an Indian 

16 tribe shall have the authority to accept or reject 

17 the plan for providing the technical assistance 

18 and the technical assistance provider); and 

19 (D) the convening by an appropriate offi20 cial of the coordinating agency (who shall be an 

21 official appointed by and with the advice and 

22 consent of the Senate) and a representative of the 

23 Indian tribes that carry out projects under this 

24 title, in consultation with each of the Indian 

25 tribes that participate in projects under this 
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1 title, of a meeting at least twice during each fis2 cal year, for the purpose of providing an oppor3 tunity for all Indian tribes that carry out 

4 projects under this title to discuss issues relating 

5 to the implementation of this title with officials 

6 of each agency specified in paragraph (1). 

7 (b) REPORT REQUIREMENTS.—

8 (1) IN GENERAL.—The single reporting format 

9 described in subsection (a)(3)(A) shall be developed by 

10 the Secretary in accordance with this title. 

11 (2) INFORMATION.—The single reporting format, 

12 together with records maintained on the consolidated 

13 program at the tribal level, shall contain such infor14 mation as the Secretary determines will—

15 (A) allow the Secretary to determine wheth16 er the Indian tribe has complied with the re17 quirements incorporated in the approved plan of 

18 the Indian tribe; and 

19 (B) provide assurances to the Secretary that 

20 the Indian tribe has complied with all—

21 (i) applicable statutory requirements; 

22 and 

23 (ii) applicable regulatory requirements 

24 that have not been waived. 
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1 SEC. 110. NO REDUCTION IN AMOUNTS. 

2 In no case shall the amount of Federal funds available 

3 to an Indian tribe involved in any project under this title 

4 be reduced as a result of the enactment of this title. 

5 SEC. 111. INTERAGENCY FUND TRANSFERS. 

6 The Secretary, the Secretary of the Interior, the Sec7 retary of Labor, the Secretary of Education, the Secretary 

8 of Housing and Urban Development, the Attorney General, 

9 or the Secretary of Transportation, as appropriate, may 

10 take such action as is necessary to provide for the inter11 agency transfer of funds otherwise available to an Indian 

12 tribe in order to carry out this title. 

13 SEC. 112. ADMINISTRATION OF FUNDS; EXCESS FUNDS. 

14 (a) ADMINISTRATION OF FUNDS.— 

15 (1) IN GENERAL.—Program funds shall be ad16 ministered under this title in such a manner as to 

17 allow for a determination by the Secretary that funds 

18 made available for specific programs (or an amount 

19 equal to the amount used from each program) are ex20 pended on activities authorized under the program. 

21 (2) SEPARATE RECORDS NOT REQUIRED.—Noth22 ing in this section requires an Indian tribe—

23 (A) to maintain separate records tracing 

24 any service provided or activity conducted under 

25 the approved plan of the Indian tribe to the in-
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1 dividual programs under which funds were au2 thorized; or 

3 (B) to allocate expenditures among indi4 vidual programs. 

5 (b) EXCESS FUNDS.—With respect to administrative 

6 costs of carrying out the approved plan of an Indian tribe 

7 under this title—

8 (1) all administrative costs under the approved 

9 plan may be commingled; 

10 (2) an Indian tribe that carries out a dem11 onstration program under such an approved plan 

12 shall be entitled to receive reimbursement for the full 

13 amount of those costs in accordance with regulations 

14 of each program or department; and 

15 (3) if the Indian tribe, after paying administra16 tive costs associated with carrying out the approved 

17 plans, realizes excess administrative funds, those 

18 funds shall not be counted for Federal audit purposes 

19 if the excess funds are used for the purposes provided 

20 for under this title. 

21 SEC. 113. FISCAL ACCOUNTABILITY. 

22 Nothing in this title affects the authority of the Sec23 retary or the coordinating agency to safeguard Federal 

24 funds in accordance with chapter 75 of title 31, United 

25 States Code.
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1 SEC. 114. REPORT ON STATUTORY AND OTHER BARRIERS 

2 TO INTEGRATION. 

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

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

5 submit to the Committee on Indian Affairs of the Senate 

6 and the Committee on Resources of the House of Representa7 tives a preliminary report that describes the implementa8 tion of this title. 

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

10 date of enactment of this Act, the Secretary shall submit 

11 to the Committee on Indian Affairs of the Senate and the 

12 Committee on Resources of the House of Representatives a 

13 final report that—

14 (1) describes the results of implementation of this 

15 title; and 

16 (2) identifies statutory barriers to the ability of 

17 Indian tribes to integrate more effectively alcohol and 

18 substance abuse services in a manner consistent with 

19 this title. 

20 SEC. 115. ASSIGNMENT OF FEDERAL PERSONNEL TO STATE 

21 INDIAN ALCOHOL AND DRUG TREATMENT OR 

22 MENTAL HEALTH PROGRAMS. 

23 Any State with an alcohol and substance abuse or 

24 mental health program targeted toward Indian tribes shall 

25 be eligible to receive, at no cost to the State, such Federal 

26 personnel assignments as the Secretary, in accordance with 
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1 the applicable provisions of subchapter IV of chapter 33 of 

2 title 5, United States Code, determines to be appropriate 

3 to help ensure the success of the program. 

4 TITLE II—REAUTHORIZATION OF 

5 CERTAIN INDIAN ALCOHOL 

6 AND SUBSTANCE ABUSE PRE7 VENTION AND TREATMENT 

8 PROGRAMS 

9 SEC. 201. INDIAN ALCOHOL AND SUBSTANCE ABUSE PRE10 VENTION AND TREATMENT ACT OF 1986. 

11 (a) TRIBAL ACTION PLANS.—

12 (1) IN GENERAL.—Section 4206(d) of the Indian 

13 Alcohol and Substance Abuse Prevention and Treat14 ment Act of 1986 (25 U.S.C. 2412(d)) is amended—

15 (A) by striking ‘‘(1) The Secretary’’ and in16 serting the following: 

17 ‘‘(1) IN GENERAL.—The Secretary’’; and 

18 (B) by striking paragraph (2) and inserting 

19 the following: 

20 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—

21 There are authorized to be appropriated to carry out 

22 this subsection such sums as are necessary for each of 

23 fiscal years 2004 through 2008.’’. 

24 (2) ADDITIONAL AUTHORIZATION.—Section 

25 4206(f) of the Indian Alcohol and Substance Abuse 
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1 Prevention and Treatment Act of 1986 (25 U.S.C. 

2 2412(f)), is amended—

3 (A) by striking ‘‘(f)(1) The Secretary’’ and 

4 inserting the following: 

5 ‘‘(f) GRANTS FOR IN-SCHOOL TRAINING PROGRAMS.—

6 ‘‘(1) IN GENERAL.—The Secretary’’; 

7 (B) in paragraph (2)—

8 (i) by striking ‘‘(2) Funds’’ and insert9 ing the following: 

10 ‘‘(2) USE OF FUNDS.—Funds’’; and 

11 (ii) by indenting subparagraphs (A) 

12 through (E) appropriately; and 

13 (C) by striking paragraph (3) and inserting 

14 the following: 

15 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—

16 There are authorized to be appropriated to carry out 

17 this subsection such sums as are necessary for each of 

18 fiscal years 2004 through 2008.’’. 

19 (b) NEWSLETTER.—Section 4210 of the Indian Alcohol 

20 and Substance Abuse Prevention and Treatment Act of 

21 1986 (25 U.S.C. 2416) is amended by striking subsection 

22 (b) and inserting the following: 

23 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated to carry out this section 
36

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1 such sums as are necessary for each of fiscal years 2004 

2 through 2008.’’. 

3 (c) INDIAN EDUCATION PROGRAMS.—Section 4212(a) 

4 of the Indian Alcohol and Substance Abuse Prevention and 

5 Treatment Act of 1986 (25 U.S.C. 2432(a)) is amended—

6 (1) in the first sentence, by striking ‘‘The Assist7 ant Secretary of Indian Affairs’’ and inserting the 

8 following: 

9 ‘‘(1) IN GENERAL.—The Assistant Secretary of 

10 Indian Affairs’’; 

11 (2) in the second sentence, by striking ‘‘The As12 sistant Secretary shall’’ and inserting the following: 

13 ‘‘(2) DEFRAYMENT OF COSTS.—The Assistant 

14 Secretary shall’’; and 

15 (3) by striking the third sentence and inserting 

16 the following: 

17 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—

18 There are authorized to be appropriated to carry out 

19 this subsection such sums as are necessary for each of 

20 fiscal years 2004 through 2008.’’. 

21 (d) EMERGENCY SHELTERS.—Section 4213(e) of the 

22 Indian Alcohol and Substance Abuse Prevention and Treat23 ment Act of 1986 (25 U.S.C. 2433(e)) is amended—

24 (1) by striking paragraphs (1) through (3) and 

25 inserting the following:
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1 ‘‘(1) IN GENERAL.—There are authorized to be 

2 appropriated to carry out planning and design, con3 struction, and renovation of, or to purchase or lease 

4 land or facilities for, emergency shelters and halfway 

5 houses to provide emergency care for Indian youth, 

6 such sums as are necessary for each of fiscal years 

7 2004 through 2008. 

8 ‘‘(2) STAFFING AND OPERATION.—There is au9 thorized to be appropriated for staffing and operation 

10 of emergency shelters and halfway houses, described in 

11 paragraph (1), $7,000,000 for each of fiscal years 

12 2004 through 2008. 

13 ‘‘(3) ALLOCATION.—

14 ‘‘(A) IN GENERAL.—The Secretary of the 

15 Interior shall allocate funds made available 

16 under this subsection to Indian tribes on the 

17 basis of priority of need of the Indian tribes. 

18 ‘‘(B) CONTRACTING AND GRANTS.—Funds 

19 allocated under subparagraph (A) shall be sub20 ject to contracting or available for grants under 

21 the Indian Self-Determination Act (25 U.S.C. 

22 450f et seq.).’’; 

23 (2) in paragraph (4), by striking ‘‘(4) Funds’’ 

24 and inserting the following: 

25 ‘‘(4) CONDITIONS FOR USE.—Funds’’; and 
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1 (3) in paragraph (5)—

2 (A) by striking ‘‘(5) Nothing in this Act 

3 may be construed’’ and inserting the following: 

4 ‘‘(5) EFFECT ON OTHER AUTHORITY.—Nothing 

5 in this Act’’; 

6 (B) in subparagraph (A)—

7 (i) by striking ‘‘to limit’’ and inserting 

8 ‘‘limits’’; and 

9 (ii) by striking ‘‘houses, or’’ and in10 serting ‘‘houses; or’’; and 

11 (C) in subparagraph (B), by striking ‘‘to 

12 require’’ and inserting ‘‘requires’’. 

13 (e) TOHONO O’ODHAM AND ST. REGIS RESERVATIONS; 

14 ILLEGAL NARCOTICS TRAFFIC.—Section 4216(a) of the In15 dian Alcohol and Substance Abuse Prevention and Treat16 ment Act of 1986 (25 U.S.C. 2442(a)) is amended by strik17 ing paragraph (3) and inserting the following: 

18 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.—

19 There is authorized to be appropriated—

20 ‘‘(A) to carry out paragraph (1)(A), 

21 $1,000,000 for each of fiscal years 2004 through 

22 2008; and 

23 ‘‘(B) to carry out provisions of this sub24 section other than paragraph (1)(A), such sums 
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1 as are necessary for each of fiscal years 2004 

2 through 2008.’’. 

3 (f) BUREAU OF INDIAN AFFAIRS LAW ENFORCEMENT

4 AND JUDICIAL TRAINING.—Section 4218 of the Indian Alco5 hol and Substance Abuse Prevention and Treatment Act of 

6 1986 (25 U.S.C. 2451) is amended by striking subsection 

7 (b) and inserting the following: 

8 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated to carry out this section 

10 such sums as are necessary for each of fiscal years 2004 

11 through 2008.’’. 

12 (g) JUVENILE DETENTION CENTERS.—Section 4220 of 

13 the Indian Alcohol and Substance Abuse Prevention and 

14 Treatment Act of 1986 (25 U.S.C. 2453) is amended by 

15 striking subsection (b) and inserting the following: 

16 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

17 are authorized to be appropriated to carry out this section 

18 such sums as are necessary for each of fiscal years 2004 

19 through 2008.’’. 

20 SEC. 202. EFFECTIVE DATE. 

21 This title and the amendments made by this title take 

22 effect on the date of enactment of this Act.
Calendar No. 143

108TH CONGRESS 

1ST SESSION S. 285

[Report No. 108–75] 

A BILL

To authorize the integration and consolidation of 

alcohol and substance abuse programs and services provided by Indian tribal governments, and for other purposes. 

JUNE 18, 2003

Reported with an amendment