[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 210 Referred in House (RFH)]

  2d Session
                                 S. 210


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 18, 2002

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

    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 2002''.

SEC. 2. STATEMENT OF PURPOSE.

    The purposes of this Act are--
            (1) to enable Indian tribes to consolidate and integrate 
        alcohol and other substance abuse prevention, diagnosis, and 
        treatment programs, and mental health and related programs, to 
        provide unified and more effective and efficient services to 
        Indians afflicted with alcohol and other substance abuse 
        problems;
            (2) 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;
            (3) to encourage and facilitate the implementation of an 
        automated clinical information system to complement the Indian 
        health care delivery system;
            (4) to authorize the use of Federal funds to purchase, 
        lease, license, or provide training for, technology for an 
        automated clinical information system that incorporates 
        clinical, as well as financial and reporting, capabilities for 
        Indian behavioral health care programs;
            (5) to encourage quality assurance policies and procedures, 
        and empower Indian tribes through training and use of 
        technology, to significantly enhance the delivery of, and 
        treatment results from, Indian behavioral health care programs;
            (6) to assist Indian tribes in maximizing use of public, 
        tribal, human, and financial resources in developing effective, 
        understandable, and meaningful practices under Indian 
        behavioral health care programs; and
            (7) to encourage and facilitate timely and effective 
        analysis and evaluation of Indian behavioral health care 
        programs.

SEC. 3. DEFINITIONS.

    (a) In General.--In this Act:
            (1) Automated clinical information system.--The term 
        ``automated clinical information system'' means an automated 
        computer software system that can be used to manage clinical, 
        financial, and reporting information for Indian behavioral 
        health care programs.
            (2) Federal agency.--The term ``Federal agency'' has the 
        meaning given the term ``agency'' in section 551 of title 5, 
        United States Code.
            (3) Indian.--The term ``Indian'' has the meaning given the 
        term in section 4 of the Indian Self-Determination and 
        Education Assistance Act (25 U.S.C. 450b).
            (4) Indian behavioral health care program.--The term 
        ``Indian behavioral health care program'' means a federally 
        funded program, for the benefit of Indians, to prevent, 
        diagnose, or treat, or enhance the ability to prevent, 
        diagnose, or treat--
                    (A) mental health problems; or
                    (B) alcohol or other substance abuse problems.
            (5) Indian tribe.--The terms ``Indian tribe'' and ``tribe'' 
        have the meaning given the term ``Indian tribe'' in section 4 
        of the Indian Self Determination and Education Assistance Act 
        (25 U.S.C. 450b) and include entities as provided for in 
        subsection (b)(2).
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (7) Substance abuse.--The term ``substance abuse'' 
        includes--
                    (A) the illegal use or abuse of a drug or an 
                inhalant; and
                    (B) the abuse of tobacco or a related product.
    (b) Indian Tribe.--
            (1) In general.--In any case in which an Indian tribe has 
        authorized another Indian tribe, an intertribal consortium, a 
        tribal organization, or an Indian health center to plan for or 
        carry out programs, services, functions, or activities (or 
        portions thereof) on its behalf under this Act, the authorized 
        Indian tribe, intertribal consortium, tribal organization, or 
        Indian health center shall have the rights and responsibilities 
        of the authorizing Indian tribe (except as otherwise provided 
        in the authorizing resolution or in this Act).
            (2) Inclusion of other entities.--In a case described in 
        paragraph (1), the term ``Indian tribe'', as defined in 
        subsection (a)(3), shall include the additional authorized 
        Indian tribe, intertribal consortium, tribal organization, or 
        Indian health center.

SEC. 4. INTEGRATION OF SERVICES AUTHORIZED.

    (a) In General.--The Secretary, in cooperation with the Secretary 
of Labor, the Secretary of the Interior, the Secretary of Education, 
the Secretary of Housing and Urban Development, the Attorney General, 
and the Secretary of Transportation, as appropriate, shall, upon 
receipt of a plan acceptable to the Secretary that is submitted by an 
Indian tribe, authorize the tribe to carry out a demonstration project 
to coordinate, in accordance with the plan, the Indian behavioral 
health care programs of the tribe in a manner that integrates the 
program services involved into a single, coordinated, comprehensive 
program that uses, to the extent necessary, an automated clinical 
information system to better manage administrative and clinical 
services, costs, and reporting requirements through the consolidation 
and integration of administrative and clinical functions.
    (b) Use of Funds for Technology.--Notwithstanding any requirement 
applicable to an Indian behavioral health care program of an Indian 
tribe that is integrated under a demonstration project carried out 
under subsection (a), the Indian tribe may use funds made available 
under the program to purchase, lease, license, or provide training for, 
technology for an automated clinical information system.

SEC. 5. PROGRAMS AFFECTED.

    The programs that may be integrated in a demonstration project 
under a plan submitted under section 4 are--
            (1) any Indian behavioral health care program under which 
        an Indian tribe is eligible for the receipt of funds under a 
        statutory or administrative formula;
            (2) any Indian behavioral health care program under which 
        an Indian tribe is eligible for receipt of funds through 
        competitive or other grants, if--
                    (A)(i) the Indian tribe has provided notice to the 
                appropriate agency regarding the intentions of the 
                tribe to include the Indian behavioral health care 
                program in the plan that the tribe submits to the 
                Secretary; and
                    (ii) the affected agency has consented to the 
                inclusion of the grant in the plan; or
                    (B)(i) the Indian tribe has elected to include the 
                Indian behavioral health care program in its plan; and
                    (ii) the administrative requirements contained in 
                the plan are essentially the same as the administrative 
                requirements applicable to a grant under the Indian 
                behavioral health care program; and
            (3) any Indian behavioral health care program under which 
        an Indian tribe is eligible for receipt of funds under any 
        other funding scheme.

SEC. 6. PLAN REQUIREMENTS.

    A plan of an Indian tribe submitted under section 4 shall--
            (1) identify the programs to be integrated;
            (2) be consistent with the purposes of this Act authorizing 
        the services to be integrated into the demonstration project;
            (3) describe a comprehensive strategy that--
                    (A) identifies the full range of existing and 
                potential alcohol and substance abuse and mental health 
                treatment and prevention programs available on and near 
                the tribe's service area; and
                    (B) may include site and technology assessments and 
                any necessary computer hardware installation and 
                support;
            (4) describe the manner in which services are to be 
        integrated and delivered and the results expected under the 
        plan, including, if implemented, the manner and expected 
        results of implementation of an automated clinical information 
        system;
            (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.

    (a) Consultation.--Upon receipt of a plan from an Indian tribe 
under section 4, the Secretary shall consult with--
            (1) the head of each Federal agency providing funds to be 
        used to implement the plan; and
            (2) the tribe submitting the plan.
    (b) Identification of Waivers.--The parties consulting on the 
implementation of the plan under subsection (a) 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.
    (c) Waivers.--Notwithstanding any other provision of law, the head 
of the affected Federal agency shall have the authority to waive any 
statutory requirement, regulation, policy, or procedure promulgated by 
the Federal agency that has been identified by the tribe or the Federal 
agency under subsection (b) unless the head of the affected Federal 
agency determines that such a waiver is inconsistent with--
            (1) the purposes of this Act; or
            (2) any statutory requirement applicable to the program to 
        be integrated under the plan that is specifically applicable to 
        Indian programs.

SEC. 8. PLAN APPROVAL.

    (a) In General.--Not later than 90 days after the receipt by the 
Secretary of a tribe's plan under section 4, 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.
    (b) Disapproval.--If a plan is disapproved under subsection (a), 
the Secretary shall inform the tribal government, in writing, of the 
reasons for the disapproval and shall give the tribe 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 Indian Health Service.--
            (1) Memorandum of understanding.--Not later than 180 days 
        after the date of enactment of this Act, the Secretary, the 
        Secretary of the Interior, the Secretary of Labor, the 
        Secretary of Education, the Secretary of Housing and Urban 
        Development, the Attorney General, and the Secretary of 
        Transportation shall enter into an interdepartmental memorandum 
        of agreement providing for the implementation of the plans 
        authorized under this Act.
            (2) Lead agency.--The lead agency under this Act shall be 
        the Indian Health Service.
            (3) Responsibilities.--The responsibilities of the lead 
        agency under this Act shall include--
                    (A) the development of a single reporting format 
                related to each plan for a demonstration project, which 
                shall be used by a tribe to report on the activities 
                carried out under the plan;
                    (B) the development of a single reporting format 
                related to the projected expenditures for the 
                individual plan, which shall be used by a tribe to 
                report on all plan expenditures;
                    (C) the development of a single system of Federal 
                oversight for the plan, which shall be implemented by 
                the lead agency;
                    (D) the provision of, or arrangement for provision 
                of, technical assistance to a tribe appropriate to 
                support and implement 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
                    (E) 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 twice 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 
                paragraph (1).
    (b) Report Requirements.--The single reporting format shall be 
developed by the Secretary under subsection (a)(3), consistent with the 
requirements of this Act. Such reporting format, together with records 
maintained on the consolidated program at the tribal level shall 
contain such information as will--
            (1) allow a determination that the tribe has complied with 
        the requirements incorporated in its approved plan; and
            (2) provide assurances to the Secretary that the tribe has 
        complied with all directly applicable statutory requirements 
        and with those directly applicable regulatory requirements that 
        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, the Secretary of the Interior, the Secretary of 
Labor, the Secretary of Education, the Secretary of Housing and Urban 
Development, the Attorney General, or the Secretary of Transportation, 
as appropriate, is authorized to take such action as may be necessary 
to provide for the 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 under 
        this Act in such a manner as to allow for a determination that 
        funds from specific programs (or an amount equal to the amount 
        used from each program) are expended on activities authorized 
        under such program.
            (2) Separate records not required.--Nothing in this section 
        shall be construed as requiring a tribe to maintain separate 
        records tracing any services or activities conducted under its 
        approved plan under section 4 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 under a plan under this Act 
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 so long as 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 
chapter 75 of title 31, United States Code.

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

    (a) Preliminary Report.--Not later than 2 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 implementation of the 
program authorized under this Act.
    (b) Final Report.--Not later than 5 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 abuse services in a manner 
consistent with the purposes of this Act.

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

    Any State with an alcohol and substance abuse or mental health 
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 subchapter IV of 
chapter

33 of title 5, United States Code, may determine appropriate to help 
ensure the success of such program.

            Passed the Senate September 17, 2002.

            Attest:

                                                  JERI THOMSON,

                                                             Secretary.