[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1507 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1507

To authorize the integration and consolidation of alcohol and substance 
 programs and services provided by Indian tribal governments, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 5, 1999

 Mr. Campbell introduced the following bill; which was read twice and 
              referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
To authorize the integration and consolidation of alcohol and substance 
 programs and services provided by Indian tribal governments, and for 
                            other purposes.

    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 Alcohol and 
Substance Abuse Program Consolidation Act of 1999''.

SEC. 2. STATEMENT OF PURPOSE.

    The purposes of this Act are (a) to enable Indian tribes to 
consolidate and integrate alcohol and other substance abuse prevention, 
diagnosis and treatment programs to provide unified and more effective 
and efficient services to Native Americans afflicted with alcohol and 
other substance abuse problems; and (b) to recognize that Indian tribes 
can best determine the goals and methods for establishing and 
implementing prevention, diagnosis and treatment programs for their 
communities, consistent with the policy of self-determination.

SEC. 3. DEFINITIONS.

    For the purposes of this Act, the following definitions shall 
apply:
            (1) Federal agency.--The term ``Federal agency'' has the 
        same meaning given the term in section 551(1) of title 5, 
        United States Code.
            (2) Indian tribe.--The terms ``Indian tribe'' and ``tribe'' 
        shall have the meaning given the term ``Indian tribe'' in 
        section 4(e) of the Indian Self-Determination and Education 
        Assistance Act.
            (3) Indian.--The term ``Indian'' shall have the meaning 
        given such term in section 4(d) of the Indian Self-
        Determination and Education Assistance Act.
            (4) Secretary.--Except where otherwise provided, the term 
        ``Secretary'' means the Secretary of the Interior.

SEC. 4. INTEGRATION OF SERVICES AUTHORIZED.

    The Secretary of the Interior, in cooperation with the appropriate 
Secretary of Labor, Secretary of Health and Human Services, Secretary 
of Education, Secretary of Housing and Urban Development, United States 
Attorney General, Secretary of Transportation, and Director of the 
National Institutes of Health shall, upon the receipt of a plan 
acceptable to the Secretary submitted by an Indian tribe, authorize the 
tribe to coordinate, in accordance with such plan, its federally funded 
alcohol and substance abuse in a manner that integrates the program 
services involved into a single, corridated, comprehensive program and 
reduces administrative costs by consolidating administrative functions.

SEC. 5. PROGRAMS AFFECTED.

    The programs that may be integrated in any such plan referred to in 
section 4 shall include any program under which an Indian tribe is 
eligible for receipt of funds under a statutory or administrative 
formula for the purposes of prevention, diagnosis or treatment of 
alcohol and other substance abuse problems and disorders, or any 
program designed to enhance the ability to treat, diagnose or prevent 
alcohol and other substance abuse and related problems and disorders.

SEC. 6. PLAN REQUIREMENTS.

    For a plan to be acceptable pursuant to section 4, it shall--
            (1) Identify the programs to be integrated;
            (2) be consistent with the purposes of this Act authorizing 
        the services to be integrated into this project;
            (3) describe a comprehensive strategy which identifies the 
        full range of existing and potential diagnosis, treatment and 
        prevention programs available on and near the tribe's service 
        area;
            (4) describe the way in which services are to be integrated 
        and delivered and the results expected under the plan;
            (5) identify the projected expenditures under the plan in a 
        single budget;
            (6) identify the agency or agencies in the tribe to be 
        involved in the delivery of the services integrated under the 
        plan;
            (7) identify any statutory provisions, regulations, 
        policies or procedures that the tribe believes need to be 
        waived in order to implement its plan; and
            (8) be approved by the governing body of the tribe.

SEC. 7. PLAN REVIEW.

    Upon receipt of the plan from a tribal government, the Secretary 
shall consult with the Secretary of each Federal agency providing funds 
to be used to implement the plan, and with the tribe submitting the 
plan. The parties consulting on the implementation of the plan 
submitted shall identify any waivers of statutory requirements or of 
Federal agency regulations, policies or procedures necessary to enable 
the tribal government to implement its plan. Notwithstanding any other 
provision of law, the Secretary of the affected agency shall have the 
authority to waive any statutory requirement, regulation, policy, or 
procedure promulgated by the affected agency that has been identified 
by the tribe or the Federal agency to be waived, unless the Secretary 
of the affected department determines that such a waiver is 
inconsistent with the purposes of this Act or those provisions of the 
statute from which the program involved derives its authority which are 
specifically applicable to Indian programs.

SEC. 8. PLAN APPROVAL.

    Within 90 days after the receipt of a tribe's plan by the 
Secretary, the Secretary shall inform the tribe, in writing, of the 
Secretary's approval or disapproval of the plan, including any request 
for a waiver that is made as part of the plan submitted by the tribal 
government. If the plan is disapproved, the tribal government shall be 
informed, in writing, of the reasons for the disapproval and shall be 
given an opportunity to amend its plan or to petition the Secretary to 
reconsider such disapproval, including reconsidering the disapproval of 
any waiver requested by the Indian tribe.

SEC. 9. FEDERAL RESPONSIBILITIES.

    (a) Responsibilities of the Department of the Interior.--Within 180 
days following the date of enactment of this Act, the Secretary of the 
Interior, the Secretary of Labor, the Secretary of Health and Human 
Services, the Secretary of Education, the Secretary of Housing and 
Urban Development, the United States Attorney General, the Secretary of 
Transportation, and the Director of the National Institutes of Health 
shall enter into an interdepartmental memorandum of agreement providing 
for the implementation of the plans authorized under this Act. The lead 
agency under this Act shall be the Bureau of Indian Affairs, Department 
of the Interior. The responsibilities of the lead agency shall 
include--
            (1) the use of a single report format related to the plan 
        for the individual project which shall be used by a tribe to 
        report on the activities undertaken by the plan;
            (2) the use of a single report format related to the 
        projected expenditures for the individual plan which shall be 
        used by a tribe to report on all plan expenditures;
            (3) the development of a single system of Federal oversight 
        for the plan, which shall be implemented by the lead agency;
            (4) the provision of technical assistance to a tribe 
        appropriate to the plan, delivered under an arrangement subject 
        to the approval of the tribe participating in the project, 
        except that a tribe shall have the authority to accept or 
        reject the plan for providing the technical assistance and the 
        technical assistance provider; and
            (5) The convening by an appropriate official of the lead 
        agency (whose appointment is subject to the confirmation of the 
        Senate) and a representative of the Indian tribes that carry 
        out projects under this Act, in consultation with each of the 
        Indian tribes that participate in projects under this Act, of a 
        meeting not less than 2 times during each fiscal year for the 
        purpose of providing an opportunity for all Indian tribes that 
        carry out projects under this Act to discuss issues relating to 
        the implementation of this Act with officials of each agency 
        specified in subsection (a).
    (b) Report Requirements.--The single report format shall be 
developed by the Secretary, consistent with the requirements of this 
Act. Such report format, together with records maintained on the 
consolidated program at the tribal level shall contain such information 
as will allow a determination that the tribe has complied with the 
requirements incorporated in its approved plan and will provide 
assurances to the Secretary that the tribe has complied with all 
directly applicable statutory requirements and with those directly 
applicable regulatory requirements which have not been waived.

SEC. 10. NO REDUCTION IN AMOUNTS.

    In no case shall the amount of Federal funds available to a 
participating tribe involved in any project be reduced as a result of 
the enactment of this Act.

SEC. 11. INTERAGENCY FUND TRANSFERS AUTHORIZED.

    The Secretary of the Interior, the Secretary of Labor, the 
Secretary of Health and Human Services, the Secretary of Education, the 
Secretary of Housing and Urban Development, the United States Attorney 
General, the Secretary of Transportation, or the Director of the 
National Institutes of Health, as appropriate, is authorized to take 
such action as necessary to provide for interagency transfer of funds 
otherwise available to a tribe in order to further the purposes of this 
Act.

SEC. 12. ADMINISTRATION OF FUNDS AND OVERAGE.

    (a) Administration of Funds.--
            (1) In general.--Program funds shall be administered in 
        such a manner as to allow for a determination that funds from 
        specific programs (or an amount equal to the amount attracted 
        from each program) are spent on allowable activities authorized 
        under such program.
            (2) Separate records not required.--Nothing in this section 
        shall be construed as requiring the tribe to maintain separate 
        records tracing any services or activities conducted under its 
        approved plan to the individual programs under which funds were 
        authorized, nor shall the tribe be required to allocate 
        expenditures among individual programs.
    (b) Overage.--All administrative costs may be commingled and 
participating Indian tribes shall be entitled to the full amount of 
such costs (under each program or department's regulations), and no 
overage shall be counted for Federal audit purposes, provided that the 
overage is used for the purposes provided for under this Act.

SEC. 13. FISCAL ACCOUNTABILITY.

    Nothing in this Act shall be construed to interfere with the 
ability of the Secretary or the lead agency to fulfill the 
responsibilities for the safeguarding of Federal funds pursuant to the 
Single Audit Act of 1984.

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

    (a) Preliminary Report.--Not later than two years after the date of 
enactment of this Act, the Secretary shall submit a report to the 
Committee on Indian Affairs of the Senate and the Committee on 
Resources of the House of Representatives on the implemenation of the 
program authorized under this Act.
    (b) Final Report.--Not later than five years after the date of the 
enactment of this Act, the Secretary shall submit a report to the 
Committee on Indian Affairs of the Senate and the Committee on 
Resources of the House of Representatives on the results of the 
implementation of the program authorized under this Act. The report 
shall identify statutory barriers to the ability of tribes to integrate 
more effectively their alcohol and substance services in a manner 
consistent with the purposes of this Act.

SEC. 15. ASSIGNMENT OF FEDERAL PERSONNEL TO STATE INDIAN ALCOHOL AND 
              DRUG TREATMENT PROGRAMS.

    Any State with an alcohol and substance abuse program targeted to 
Indian tribes shall be eligible to receive, at no cost to the State, 
such Federal personnel assignments as the Secretary, in accordance with 
the applicable provisions of the Intergovernmental Personnel Act of 
1970, may deem appropriate to help insure the success of such program.

SEC. 16. ALASKA REGIONAL CONSORTIA.

    (a) In General.--Notwithstanding any other provision of law, 
subject to subsection (b), the Secretary shall permit a regional 
consortium of Alaska Native villages or regional or village 
corporations (as defined or established under the Alaska Native Claims 
Settlement Act (43 U.S.C. Sec. 1601, et seq.)) to carry out a project 
under a plan that meets the requirements of this Act through a 
resolution adopted by the governing body of that consortium or 
corporation.
    (b) Withdrawal.--Nothing in subsection (a) is intended to prohibit 
an Alaska Native village or regional corporation from withdrawing from 
participation in any portion of a program conducted pursuant to that 
subsection.
                                 <all>