Home > 106th Congressional Bills > S. 1507 (rs) To authorize the integration and consolidation of alcohol and substance programs and services provided by Indian tribal governments, and for other purposes. [Reported in Senate] ...S. 1507 (rs) To authorize the integration and consolidation of alcohol and substance programs and services provided by Indian tribal governments, and for other purposes. [Reported in Senate] ...
106th CONGRESS
2d Session
S. 1507
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 14, 2000
Referred to the Committee on Resources, and in addition to the
Committee on Commerce, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
AN ACT
To authorize the integration and consolidation of alcohol and substance
abuse programs and services provided by Indian tribal governments, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Native American Alcohol and
Substance Abuse Program Consolidation Act of 2000''.
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
same meaning given the term in section 551(1) of title 5,
United States Code.
(2) Indian.--The term ``Indian'' shall have the meaning
given such 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''
shall 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 of Health and Human Services, in cooperation with the
Secretary of Labor, Secretary of the Interior, Secretary of Education,
Secretary of Housing and Urban Development, United States Attorney
General, and 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
and 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 and 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 Secretary 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
Secretary of the affected agency shall have the authority to waive any
statutory requirement, regulation, policy, or procedure promulgated by
the affected agency that has been identified by the tribe or the
Federal agency under subsection (b) unless the Secretary of the
affected department 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 of the
Interior, the Secretary of Labor, the Secretary of Health and
Human Services, 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 of the Interior, the Secretary of Labor, the
Secretary of Health and Human Services, 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 (the Single Audit Act of
1984).
SEC. 14. REPORT ON STATUTORY AND OTHER BARRIERS TO INTEGRATION.
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