[Congressional Record Volume 147, Number 12 (Tuesday, January 30, 2001)]
[Senate]
[Pages S714-S715]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CAMPBELL (for himself and Mr. Inouye):
  S. 210. 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; to the Committee on Indian 
Affairs.
  Mr. CAMPBELL. Mr. President, I am pleased to be joined today by the 
Vice Chairman of the Committee on Indian Affairs Senator Daniel K. 
Inouye in introducing the Native American Alcohol and Substance Abuse 
Program Consolidation Act of 2001. This important legislation will 
authorize Indian Tribes to consolidate and integrate alcohol, substance 
abuse prevention and treatment and mental health programs to provide 
more comprehensive treatment and services to Native Americans across 
the country.
  More often than not, individuals with alcohol and substance abuse 
problems are also hobbled with mental health problems, and this bill 
authorizes tribes to make mental health services available as well.
  Native Americans have higher rates of alcohol and drug use than any 
other racial or ethnic group in the United States. Despite previous 
treatment and preventive efforts, alcoholism and substance abuse 
continue to be prevalent among Native youth: 82 percent of Native 
adolescents admitted to having used alcohol, compared with 66 percent 
of non-Native youth.
  Alcohol continues to be an important risk factor associated with the 
top three killers of Native youngsters--accidents, suicide, and 
homicide.
  Based on 1993 data, the rate of mortality due to alcoholism among 
Native youth ages 15 to 24 was 5.2 per 100,000, which is 17 times the 
rate for whites in the same age group.
  In a 1994 school-based study, 39 percent of Native high school 
seniors reported having ``gotten drunk'' and 39 percent of Native kids 
admitted to using marijuana.
  Alcohol and substance abuse also contribute to other social problems 
including sexually transmitted diseases, child and spousal abuse, poor 
school achievement and dropout, unemployment, drunk-driving and 
vehicular deaths, mental health problems, hopelessness and suicide.
  Alcohol, substance abuse, and mental health program funds are 
available to tribes from virtually every agency in the federal 
government including the Departments of Education, Health and Human 
Services, Housing and Urban Development, Interior, Justice, and 
Transportation.
  To help Tribes slice through the bureaucracy, this bill authorizes 
Tribal governments and inter-Tribal organizations to: 1, consolidate 
these programs through a single federal office in the Department of 
Health and Human Services--Indian Health Services, IHS; and 2, use a 
single plan to reduce the administrative and bureaucratic processes, 
resulting in better services to Native Americans.
  This bill tries to replicate the success of the widely-hailed ``477 
model'' that Tribes have used to effectively coordinate employment 
training and related services through the Indian Employment Training 
and Related Services Demonstration Act of 1992, Pub. Law 102-477.
  Under the ``477 model,'' and applicant Tribe files a single plan to 
draw and coordinate resources from the spectrum of federal agencies and 
administer them through one office. I am hopeful that armed with this 
creative tool, Tribes can begin to bring an end to the devastation of 
alcohol and drug abuse in their communities.
  Mr. President, I ask unanimous consent that a copy of the legislation 
be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 210

       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 2001''.

     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 Native Americans afflicted with alcohol and other 
     substance abuse problems; and
       (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.

     SEC. 3. DEFINITIONS.

       (a) In General.--In this Act:
       (1) Federal agency.--The term ``Federal agency'' has the 
     meaning given the term ``agency'' in section 551(1) of title 
     5, United States Code.
       (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)).
       (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).
       (4) Secretary.--Except where otherwise provided, the term 
     ``Secretary'' means the Secretary of Health and Human 
     Services.
       (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.
       (b) Indian Tribe.--
       (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).
       (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.

     SEC. 4. INTEGRATION OF SERVICES AUTHORIZED.

       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.

     SEC. 5. PROGRAMS AFFECTED.

       The programs that may be integrated in a demonstration 
     project under any plan referred to in section 4 shall 
     include--
       (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;
       (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--

[[Page S715]]

       (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
       (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
       (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.

     SEC. 6. PLAN REQUIREMENTS.

       For a plan to be acceptable under section 4, the plan 
     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 project;
       (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;
       (4) describe the manner 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.

       (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.
       (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 the 
     purposes of this Act or with those provisions of the Act that 
     authorizes the program involved which are 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 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.
       (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 
     the plan for the individual 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 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
       (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).
       (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 
     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, 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.

     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 utilized 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 deem appropriate to help insure 
     the success of such program.
                                 ______