[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 285 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
                                 S. 285

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 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 
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 2003''.

SEC. 2. PURPOSES.

    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 mental health, alcohol, or 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, 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.

    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.--
                    (A) In general.--The term ``Indian tribe'' has the 
                meaning given the term in section 4 of the Indian Self 
                Determination and Education Assistance Act (25 U.S.C. 
                450b).
                    (B) Inclusions.--The term ``Indian tribe'', in a 
                case in which an intertribal consortium, tribal 
                organization, or Indian health center is authorized to 
                carry out 1 or more programs, services, functions, or 
                activities of an Indian tribe under this Act, includes 
                the intertribal consortium, tribal organization, or 
                Indian health center.
            (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.

SEC. 4. PLANS.

    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, on receipt of a plan 
acceptable to the Secretary that is submitted by an Indian tribe, 
authorize the Indian tribe to carry out a demonstration project to 
coordinate, in accordance with the plan, the Indian behavioral health 
care programs of the Indian tribe in a manner that integrates the 
program services 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.

SEC. 5. PROGRAMS AFFECTED.

    Programs that may be integrated in a demonstration project 
described in section 4 are--
            (1) an Indian behavioral health care program under which an 
        Indian tribe is eligible for the receipt of funds under a 
        statutory or administrative formula;
            (2) an 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 provides notice to the 
                appropriate agency regarding the intentions of the 
                Indian tribe to include the Indian behavioral health 
                care program in the plan that the Indian tribe submits 
                to the Secretary; and
                    (ii) the agency consents to the inclusion of the 
                grant in the plan; or
                    (B)(i) the Indian tribe elects to include the 
                Indian behavioral health care program in the 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) an Indian behavioral health care program under which an 
        Indian tribe is eligible to receive 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 this Act;
            (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 service area of the Indian tribe; 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 Indian 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 Indian tribe requests be 
        waived in order to implement the plan; and
            (8) be approved by the governing body of the Indian tribe.

SEC. 7. PLAN REVIEW.

    (a) Consultation.--On 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 Indian tribe.
    (b) Identification of Waivers.--Each party consulting on the 
implementation of a plan under section 4 shall identify any waivers of 
statutory requirements or of Federal agency regulations, policies, or 
procedures that the party determines to be necessary to enable the 
Indian tribe to implement the plan.
    (c) Waivers.--Notwithstanding any other provision of law, the head 
of a Federal agency may waive any statutory requirement, regulation, 
policy, or procedure promulgated by the Federal agency is identified by 
the Indian tribe or the Federal agency under subsection (b) unless the 
head of the affected Federal agency determines that a waiver is 
inconsistent with--
            (1) this Act;
            (2) any statutory requirement applicable to the program to 
        be integrated under the plan that is specifically applicable to 
        Indian programs; and
            (3) any underlying statutory objective or purpose of a 
        program to be consolidated under the plan, to such a degree as 
        would render ineffectual activities funded under the program.

SEC. 8. PLAN APPROVAL.

    (a) In General.--Not later than 90 days after the date of receipt 
by the Secretary of a plan under section 4, the Secretary shall inform 
the Indian tribe that submitted the plan, in writing, of the approval 
or disapproval of the plan (including any request for a waiver that is 
made as part of the plan).
    (b) Disapproval.--
            (1) In general.--The Secretary may disapprove a plan if--
                    (A) the plan does not provide sufficient 
                information for the Secretary to adequately review the 
                plan for compliance with this Act;
                    (B) the plan does not comply with this Act;
                    (C) the plan provides for the purchase, lease, 
                license, or training for, an automated clinical 
                information system, but the purchase, lease, license, 
                or training would require aggregate expenditures of 
                program funding at such a level as would render other 
                program substantially ineffectual; or
                    (D)(i) the plan identifies waivers that cannot be 
                waived under section 7(c); and
                    (ii) the plan would be rendered substantially 
                ineffectual without the waivers.
            (2) Notice.--If a plan is disapproved under subsection (a), 
        the Secretary shall--
                    (A) inform the Indian tribe, in writing, of the 
                reasons for the disapproval; and
                    (B) provide the Indian tribe an opportunity--
                            (i) to amend and resubmit the plan; or
                            (ii) to petition the Secretary to 
                        reconsider the disapproval (including 
                        reconsidering the disapproval of any waiver 
                        requested by the Indian tribe).

SEC. 9. 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 described in section 4, 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 if the purchase, lease, licensing of, or provision of training 
is conducted in accordance with a plan approved by the Secretary under 
section 8.

SEC. 10. 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 a memorandum of agreement 
        providing for the implementation of the plans approved under 
        section 8.
            (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--
                            (i) relating to each plan for a 
                        demonstration project submitted under section 
                        4, which shall be used by an Indian tribe to 
                        report activities carried out under the plan; 
                        and
                            (ii) relating to the projected expenditures 
                        for the individual plan, which shall be used by 
                        an Indian tribe to report all plan 
                        expenditures;
                    (B) the development of a single system of Federal 
                oversight for the plan, which shall be implemented by 
                the lead agency;
                    (C) the provision of, or arrangement for provision 
                of, technical assistance to an Indian tribe that is 
                appropriate to support and implement the plan, 
                delivered under an arrangement subject to the approval 
                of the Indian tribe participating in the project 
                (except that an Indian tribe shall have the authority 
                to accept or reject the plan for providing the 
                technical assistance and the technical assistance 
                provider); and
                    (D) the convening by an appropriate official of the 
                lead agency (who shall be an official appointed by and 
                with the advice and consent 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 at least 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.--
            (1) In general.--The single reporting formats described in 
        subsection (a)(3)(A) shall be developed by the Secretary in 
        accordance with this Act.
            (2) Information.--The single reporting format, together 
        with records maintained on the consolidated program at the 
        tribal level, shall contain such information as the Secretary 
        determines will--
                    (A) allow the Secretary to determine whether the 
                Indian tribe has complied with the requirements 
                incorporated in the approved plan of the Indian tribe; 
                and
                    (B) provide assurances to the Secretary that the 
                Indian tribe has complied with all--
                            (i) applicable statutory requirements; and
                            (ii) applicable regulatory requirements 
                        that have not been waived.

SEC. 11. NO REDUCTION IN AMOUNTS.

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

SEC. 12. INTERAGENCY FUND TRANSFERS.

    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, may take such action as is necessary to provide for the 
interagency transfer of funds otherwise available to an Indian tribe in 
order to carry out this Act.

SEC. 13. ADMINISTRATION OF FUNDS; EXCESS FUNDS.

    (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 by 
        the Secretary that funds made available for specific programs 
        (or an amount equal to the amount used from each program) are 
        expended on activities authorized under the program.
            (2) Separate records not required.--Nothing in this section 
        requires an Indian tribe--
                    (A) to maintain separate records tracing any 
                service provided or activity conducted under the 
                approved plan of the Indian tribe to the individual 
                programs under which funds were authorized; or
                    (B) to allocate expenditures among individual 
                programs.
    (b) Excess Funds.--With respect to administrative costs of carrying 
out the approved plan of an Indian tribe under this Act--
            (1) all administrative costs under the approved plan may be 
        commingled;
            (2) an Indian tribe that carries out a demonstration 
        program under such an approved plan shall be entitled to 
        receive reimbursement for the full amount of those costs in 
        accordance with regulations of each program or department; and
            (3) if the Indian tribe, after paying administrative costs 
        associated with carrying out the approved plans, realizes 
        excess administrative funds, those funds shall not be counted 
        for Federal audit purposes if the excess funds are used for the 
        purposes provided for under this Act.

SEC. 14. FISCAL ACCOUNTABILITY.

    Nothing in this Act affects the authority of the Secretary or the 
lead agency to safeguard Federal funds in accordance with chapter 75 of 
title 31, United States Code.

SEC. 15. 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 to the Committee on 
Indian Affairs of the Senate and the Committee on Resources of the 
House of Representatives a preliminary report that describes the 
implementation of this Act.
    (b) Final Report.--Not later than 5 years after the date of 
enactment of this Act, the Secretary shall submit to the Committee on 
Indian Affairs of the Senate and the Committee on Resources of the 
House of Representatives a final report that--
            (1) describes the results of implementation of this Act; 
        and
            (2) identifies statutory barriers to the ability of Indian 
        tribes to integrate more effectively alcohol and substance 
        abuse services in a manner consistent with 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 toward 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, determines to be 
appropriate to help ensure the success of the program.
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