[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 210 Reported in Senate (RS)]






                                                       Calendar No. 560
107th CONGRESS
  2d Session
                                 S. 210

                          [Report No. 107-250]

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

                            January 30, 2001

Mr. Campbell (for himself, Mr. Inouye, Mr. Johnson, and Mr. Murkowski) 
introduced the following bill; which was read twice and referred to the 
                      Committee on Indian Affairs

                           September 3, 2002

               Reported by Mr. Inouye, 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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Native American Alcohol and 
Substance Abuse Program Consolidation Act of 2001''.</DELETED>

<DELETED>SEC. 2. STATEMENT OF PURPOSE.</DELETED>

<DELETED>    The purposes of this Act are--</DELETED>
        <DELETED>    (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 Native Americans afflicted with alcohol and other 
        substance abuse problems; and</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

<DELETED>    (a) In General.--In this Act:</DELETED>
        <DELETED>    (1) Federal agency.--The term ``Federal agency'' 
        has the meaning given the term ``agency'' in section 551(1) of 
        title 5, United States Code.</DELETED>
        <DELETED>    (2) Indian.--The term ``Indian'' has the meaning 
        given that term in section 4(d) of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 
        450b(d)).</DELETED>
        <DELETED>    (3) Indian tribe.--The terms ``Indian tribe'' and 
        ``tribe'' have the meaning given the term ``Indian tribe'' in 
        section 4(e) of the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450b(e)) and shall include entities 
        as provided for in subsection (b)(2).</DELETED>
        <DELETED>    (4) Secretary.--Except where otherwise provided, 
        the term ``Secretary'' means the Secretary of Health and Human 
        Services.</DELETED>
        <DELETED>    (5) Substance abuse.--The term ``substance abuse'' 
        includes the illegal use or abuse of a drug, the abuse of an 
        inhalant, or the abuse of tobacco or related 
        products.</DELETED>
<DELETED>    (b) Indian Tribe.--</DELETED>
        <DELETED>    (1) In general.--In any case in which an Indian 
        tribe has authorized another Indian tribe, an inter-tribal 
        consortium, or a tribal organization to plan for or carry out 
        programs, services, functions, or activities (or portions 
        thereof) on its behalf under this Act, the authorized Indian 
        tribe, inter-tribal consortium, or tribal organization shall 
        have the rights and responsibilities of the authorizing Indian 
        tribe (except as otherwise provided in the authorizing 
        resolution or in this Act).</DELETED>
        <DELETED>    (2) Inclusion of other entities.--In a case 
        described in paragraph (1), the term ``Indian tribe'', as 
        defined in subsection (a)(2), shall include the additional 
        authorized Indian tribe, inter-tribal consortium, or tribal 
        organization.</DELETED>

<DELETED>SEC. 4. INTEGRATION OF SERVICES AUTHORIZED.</DELETED>

<DELETED>    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 United States Attorney 
General, and the Secretary of Transportation, as appropriate, shall, 
upon the receipt of a plan acceptable to the Secretary that is 
submitted by an Indian tribe, authorize the tribe to coordinate, in 
accordance with such plan, its federally funded alcohol and substance 
abuse and mental health programs in a manner that integrates the 
program services involved into a single, coordinated, comprehensive 
program and reduces administrative costs by consolidating 
administrative functions.</DELETED>

<DELETED>SEC. 5. PROGRAMS AFFECTED.</DELETED>

<DELETED>    The programs that may be integrated in a demonstration 
project under any plan referred to in section 4 shall include--
</DELETED>
        <DELETED>    (1) any program under which an Indian tribe is 
        eligible for the 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 mental health 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, or mental health problems 
        or disorders;</DELETED>
        <DELETED>    (2) any program under which an Indian tribe is 
        eligible for receipt of funds though a competitive or other 
        grant program for the purposes of prevention, diagnosis, or 
        treatment of alcohol and other substance abuse problems and 
        disorders, or mental health problems and disorders, or 
        treatment, diagnosis, or prevention of related 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, or mental health problems 
        or disorders, if--</DELETED>
                <DELETED>    (A) the Indian tribe has provided notice 
                to the appropriate agency regarding the intentions of 
                the tribe to include the grant program in the plan it 
                submits to the Secretary, and the affected agency has 
                consented to the inclusion of the grant in the plan; 
                or</DELETED>
                <DELETED>    (B) the Indian tribe has elected to 
                include the grant program in its plan, and the 
                administrative requirements contained in the plan are 
                essentially the same as the administrative requirements 
                under the grant program; and</DELETED>
        <DELETED>    (3) any program under which an Indian tribe is 
        eligible for receipt of funds under any other funding scheme 
        for the purposes of prevention, diagnosis, or treatment of 
        alcohol and other substance abuse problems and disorders, or 
        mental health problems and disorders, or treatment, diagnosis, 
        or prevention of related 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, or mental health problems or disorders.</DELETED>

<DELETED>SEC. 6. PLAN REQUIREMENTS.</DELETED>

<DELETED>    For a plan to be acceptable under section 4, the plan 
shall--</DELETED>
        <DELETED>    (1) identify the programs to be 
        integrated;</DELETED>
        <DELETED>    (2) be consistent with the purposes of this Act 
        authorizing the services to be integrated into the 
        project;</DELETED>
        <DELETED>    (3) describe a comprehensive strategy that 
        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;</DELETED>
        <DELETED>    (4) describe the manner in which services are to 
        be integrated and delivered and the results expected under the 
        plan;</DELETED>
        <DELETED>    (5) identify the projected expenditures under the 
        plan in a single budget;</DELETED>
        <DELETED>    (6) identify the agency or agencies in the tribe 
        to be involved in the delivery of the services integrated under 
        the plan;</DELETED>
        <DELETED>    (7) identify any statutory provisions, 
        regulations, policies, or procedures that the tribe believes 
        need to be waived in order to implement its plan; and</DELETED>
        <DELETED>    (8) be approved by the governing body of the 
        tribe.</DELETED>

<DELETED>SEC. 7. PLAN REVIEW.</DELETED>

<DELETED>    (a) Consultation.--Upon receipt of a plan from an Indian 
tribe under section 4, the Secretary shall consult with the head of 
each Federal agency providing funds to be used to implement the plan, 
and with the tribe submitting the plan.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (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 the purposes of this Act or with those provisions of the Act that 
authorizes the program involved which are specifically applicable to 
Indian programs.</DELETED>

<DELETED>SEC. 8. PLAN APPROVAL.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 9. FEDERAL RESPONSIBILITIES.</DELETED>

<DELETED>    (a) Responsibilities of the Indian Health Service.--
</DELETED>
        <DELETED>    (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 United States 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.</DELETED>
        <DELETED>    (2) Lead agency.--The lead agency under this Act 
        shall be the Indian Health Service.</DELETED>
        <DELETED>    (3) Responsibilities.--The responsibilities of the 
        lead agency under this Act shall include--</DELETED>
                <DELETED>    (A) the development of a single reporting 
                format related to the plan for the individual project 
                which shall be used by a tribe to report on the 
                activities carried out under the plan;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (C) the development of a single system of 
                Federal oversight for the plan, which shall be 
                implemented by the lead agency;</DELETED>
                <DELETED>    (D) 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</DELETED>
                <DELETED>    (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 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 paragraph (1).</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) allow a determination that the tribe has 
        complied with the requirements incorporated in its approved 
        plan; and</DELETED>
        <DELETED>    (2) 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.</DELETED>

<DELETED>SEC. 10. NO REDUCTION IN AMOUNTS.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 11. INTERAGENCY FUND TRANSFERS AUTHORIZED.</DELETED>

<DELETED>    The Secretary, the Secretary of the Interior, the 
Secretary of Labor, the Secretary of Education, the Secretary of 
Housing and Urban Development, the United States 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.</DELETED>

<DELETED>SEC. 12. ADMINISTRATION OF FUNDS AND OVERAGE.</DELETED>

<DELETED>    (a) Administration of Funds.--</DELETED>
        <DELETED>    (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 utilized from each program) are expended on 
        activities authorized under such program.</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 13. FISCAL ACCOUNTABILITY.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 14. REPORT ON STATUTORY AND OTHER BARRIERS TO 
              INTEGRATION.</DELETED>

<DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

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

<DELETED>    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 deem appropriate 
to help insure the success of such program.</DELETED>

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.




                                                       Calendar No. 560

107th CONGRESS

  2d Session

                                 S. 210

                          [Report No. 107-250]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           September 3, 2002

                       Reported with an amendment