[Congressional Record Volume 148, Number 117 (Tuesday, September 17, 2002)]
[Senate]
[Pages S8696-S8699]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 NATIVE AMERICAN ALCOHOL AND SUBSTANCE ABUSE PROGRAM CONSOLIDATION ACT 
                                OF 2002

  Mr. REID. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of Calendar No. 560, S. 210.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 210) to authorize the integration and 
     consolidation of alcohol and substance abuse programs and 
     services provided by Indian tribal governments, and for other 
     purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Indian Affairs with an 
amendment to strike all after the enacting clause and insert in lieu 
thereof the following:
  [Strike the part shown in black brackets and insert the part shown in 
italic.]
       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--
       [(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

[[Page S8697]]

     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.]

     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

[[Page S8698]]

     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.

[[Page S8699]]

     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.
  Mr. REID. Mr. President, I ask unanimous consent that the Senate 
agree to the committee substitute amendment; that the bill, as amended, 
be read a third time and passed; that the motion to reconsider be laid 
upon the table; and that any statements relating to the bill be printed 
in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 210), as amended, was read the third time and passed.

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