[Congressional Record (Bound Edition), Volume 149 (2003), Part 14]
[Senate]
[Pages 19145-19149]
[From the U.S. Government Publishing Office, www.gpo.gov]




 NATIVE AMERICAN ALCOHOL AND SUBSTANCE ABUSE PROGRAM CONSOLIDATION ACT 
                                OF 2003

  Mr. DeWINE. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of calendar No. 143, S. 285.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (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.

  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 inserting in lieu 
thereof the following:

       [Strike the part shown in black brackets and insert the 
     part shown in italic.]

                                 S. 285

       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 ystem 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

[[Page 19146]]

     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--

[[Page 19147]]

       [(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.]

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Native 
     American Alcohol and Substance Abuse Program Consolidation 
     Act of 2003''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

 TITLE I--INTEGRATION AND CONSOLIDATION OF ALCOHOL AND SUBSTANCE ABUSE 
                         PROGRAMS AND SERVICES

Sec. 101. Purposes.
Sec. 102. Definitions.
Sec. 103. Plans.
Sec. 104. Programs affected.
Sec. 105. Plan requirements.
Sec. 106. Plan review.
Sec. 107. Plan approval.
Sec. 108. Use of funds for technology.
Sec. 109. Federal responsibilities.
Sec. 110. No reduction in amounts.
Sec. 111. Interagency fund transfers.
Sec. 112. Administration of funds; excess funds.
Sec. 113. Fiscal accountability.
Sec. 114. Report on statutory and other barriers to integration.
Sec. 115. Assignment of Federal personnel to State Indian alcohol and 
              drug treatment or mental health programs.

TITLE II--REAUTHORIZATION OF CERTAIN INDIAN ALCOHOL AND SUBSTANCE ABUSE 
                   PREVENTION AND TREATMENT PROGRAMS

Sec. 201. Indian Alcohol and Substance Abuse Prevention and Treatment 
              Act of 1986.
Sec. 202. Effective date.

 TITLE I--INTEGRATION AND CONSOLIDATION OF ALCOHOL AND SUBSTANCE ABUSE 
                         PROGRAMS AND SERVICES

     SEC. 101. PURPOSES.

       The purposes of this title 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;
       (7) to encourage and facilitate timely and effective 
     analysis and evaluation of Indian behavioral health care 
     programs; and
       (8) to reauthorize certain Indian alcohol and substance 
     abuse prevention and treatment programs.

     SEC. 102. DEFINITIONS.

       In this title:
       (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. 103. 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. 104. PROGRAMS AFFECTED.

       Programs that may be integrated in a demonstration project 
     described in section 103 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. 105. PLAN REQUIREMENTS.

       A plan of an Indian tribe submitted under section 103 
     shall--
       (1) identify the programs to be integrated;
       (2) be consistent with this title;
       (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. 106. PLAN REVIEW.

       (a) Consultation.--On receipt of a plan from an Indian 
     tribe under section 103, 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 101 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 that has been identified by the Indian 
     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) this title;
       (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

[[Page 19148]]

     plan, to such a degree as would render ineffectual activities 
     funded under the program.

     SEC. 107. PLAN APPROVAL.

       (a) In General.--Not later than 90 days after the date of 
     receipt by the Secretary of a plan under section 103, 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 title (including with respect to information 
     regarding the timing, availability, and receipt of all 
     program funding to be consolidated or integrated);
       (B) the plan does not comply with this title;
       (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 106(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. 108. 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 
     103, 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 106.

     SEC. 109. 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 107.
       (2) Coordinating agency.--The coordinating agency under 
     this title shall be the Indian Health Service.
       (3) Responsibilities.--The responsibilities of the 
     coordinating agency under this title shall include--
       (A) the development of a single reporting format--
       (i) relating to each plan for a demonstration project 
     submitted under section 103, 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 coordinating 
     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 
     coordinating 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 title, in consultation with each of the Indian 
     tribes that participate in projects under this title, 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 title to discuss issues 
     relating to the implementation of this title with officials 
     of each agency specified in paragraph (1).
       (b) Report Requirements.--
       (1) In general.--The single reporting format described in 
     subsection (a)(3)(A) shall be developed by the Secretary in 
     accordance with this title.
       (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. 110. NO REDUCTION IN AMOUNTS.

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

     SEC. 111. 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 title.

     SEC. 112. ADMINISTRATION OF FUNDS; EXCESS FUNDS.

       (a) Administration of Funds.--
       (1) In general.--Program funds shall be administered under 
     this title 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 
     title--
       (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 title.

     SEC. 113. FISCAL ACCOUNTABILITY.

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

     SEC. 114. 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 
     title.
       (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 title; 
     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 title.

     SEC. 115. 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.

TITLE II--REAUTHORIZATION OF CERTAIN INDIAN ALCOHOL AND SUBSTANCE ABUSE 
                   PREVENTION AND TREATMENT PROGRAMS

     SEC. 201. INDIAN ALCOHOL AND SUBSTANCE ABUSE PREVENTION AND 
                   TREATMENT ACT OF 1986.

       (a) Tribal Action Plans.--
       (1) In general.--Section 4206(d) of the Indian Alcohol and 
     Substance Abuse Prevention and Treatment Act of 1986 (25 
     U.S.C. 2412(d)) is amended--
       (A) by striking ``(1) The Secretary'' and inserting the 
     following:
       ``(1) In general.--The Secretary''; and
       (B) by striking paragraph (2) and inserting the following:
       ``(2) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection 
     such sums as are necessary for each of fiscal years 2004 
     through 2008.''.
       (2) Additional authorization.--Section 4206(f) of the 
     Indian Alcohol and Substance Abuse Prevention and Treatment 
     Act of 1986 (25 U.S.C. 2412(f)), is amended--
       (A) by striking ``(f)(1) The Secretary'' and inserting the 
     following:
       ``(f) Grants for In-School Training Programs.--
       ``(1) In general.--The Secretary'';
       (B) in paragraph (2)--
       (i) by striking ``(2) Funds'' and inserting the following:
       ``(2) Use of funds.--Funds''; and
       (ii) by indenting subparagraphs (A) through (E) 
     appropriately; and
       (C) by striking paragraph (3) and inserting the following:

[[Page 19149]]

       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection 
     such sums as are necessary for each of fiscal years 2004 
     through 2008.''.
       (b) Newsletter.--Section 4210 of the Indian Alcohol and 
     Substance Abuse Prevention and Treatment Act of 1986 (25 
     U.S.C. 2416) is amended by striking subsection (b) and 
     inserting the following:
       ``(b) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as are necessary for each of fiscal years 2004 through 
     2008.''.
       (c) Indian Education Programs.--Section 4212(a) of the 
     Indian Alcohol and Substance Abuse Prevention and Treatment 
     Act of 1986 (25 U.S.C. 2432(a)) is amended--
       (1) in the first sentence, by striking ``The Assistant 
     Secretary of Indian Affairs'' and inserting the following:
       ``(1) In general.--The Assistant Secretary of Indian 
     Affairs'';
       (2) in the second sentence, by striking ``The Assistant 
     Secretary shall'' and inserting the following:
       ``(2) Defrayment of costs.--The Assistant Secretary 
     shall''; and
       (3) by striking the third sentence and inserting the 
     following:
       ``(3) Authorization of appropriations.--There are 
     authorized to be appropriated to carry out this subsection 
     such sums as are necessary for each of fiscal years 2004 
     through 2008.''.
       (d) Emergency Shelters.--Section 4213(e) of the Indian 
     Alcohol and Substance Abuse Prevention and Treatment Act of 
     1986 (25 U.S.C. 2433(e)) is amended--
       (1) by striking paragraphs (1) through (3) and inserting 
     the following:
       ``(1) In general.--There are authorized to be appropriated 
     to carry out planning and design, construction, and 
     renovation of, or to purchase or lease land or facilities 
     for, emergency shelters and halfway houses to provide 
     emergency care for Indian youth, such sums as are necessary 
     for each of fiscal years 2004 through 2008.
       ``(2) Staffing and operation.--There is authorized to be 
     appropriated for staffing and operation of emergency shelters 
     and halfway houses, described in paragraph (1), $7,000,000 
     for each of fiscal years 2004 through 2008.
       ``(3) Allocation.--
       ``(A) In general.--The Secretary of the Interior shall 
     allocate funds made available under this subsection to Indian 
     tribes on the basis of priority of need of the Indian tribes.
       ``(B) Contracting and grants.--Funds allocated under 
     subparagraph (A) shall be subject to contracting or available 
     for grants under the Indian Self-Determination Act (25 U.S.C. 
     450f et seq.).'';
       (2) in paragraph (4), by striking ``(4) Funds'' and 
     inserting the following:
       ``(4) Conditions for use.--Funds''; and
       (3) in paragraph (5)--
       (A) by striking ``(5) Nothing in this Act may be 
     construed'' and inserting the following:
       ``(5) Effect on other authority.--Nothing in this Act'';
       (B) in subparagraph (A)--
       (i) by striking ``to limit'' and inserting ``limits''; and
       (ii) by striking ``houses, or'' and inserting ``houses; 
     or''; and
       (C) in subparagraph (B), by striking ``to require'' and 
     inserting ``requires''.
       (e) Tohono O'Odham and St. Regis Reservations; Illegal 
     Narcotics Traffic.--Section 4216(a) of the Indian Alcohol and 
     Substance Abuse Prevention and Treatment Act of 1986 (25 
     U.S.C. 2442(a)) is amended by striking paragraph (3) and 
     inserting the following:
       ``(3) Authorization of appropriations.--There is authorized 
     to be appropriated--
       ``(A) to carry out paragraph (1)(A), $1,000,000 for each of 
     fiscal years 2004 through 2008; and
       ``(B) to carry out provisions of this subsection other than 
     paragraph (1)(A), such sums as are necessary for each of 
     fiscal years 2004 through 2008.''.
       (f) Bureau of Indian Affairs Law Enforcement and Judicial 
     Training.--Section 4218 of the Indian Alcohol and Substance 
     Abuse Prevention and Treatment Act of 1986 (25 U.S.C. 2451) 
     is amended by striking subsection (b) and inserting the 
     following:
       ``(b) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as are necessary for each of fiscal years 2004 through 
     2008.''.
       (g) Juvenile Detention Centers.--Section 4220 of the Indian 
     Alcohol and Substance Abuse Prevention and Treatment Act of 
     1986 (25 U.S.C. 2453) is amended by striking subsection (b) 
     and inserting the following:
       ``(b) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section such 
     sums as are necessary for each of fiscal years 2004 through 
     2008.''.

     SEC. 202. EFFECTIVE DATE.

       This title and the amendments made by this title take 
     effect on the date of enactment of this Act.
  Mr. DeWINE. Mr. President, I ask unanimous consent that the committee 
amendment be agreed to, the bill, as amended, be read a third time and 
passed, 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. 285), as amended, was passed.

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