text: 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.
  
      (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 (the Intergovernmental 
  Personnel Act of 1970), may deem appropriate to help insure the success 
  of such program.
  
              Passed the Senate June 13, 2000.
  
              Attest:
  
                                                      GARY SISCO,
  
                                                               Secretary.
target: Prohibits any reduction of Federal funds available to a participating tribe as a result of this Act. Provides for interagency fund transfers to carry out this Act.
  Makes any State with an alcohol and substance abuse or mental health program targeted to Indian tribes eligible to receive, at no cost, such Federal personnel assignments as the Secretary may deem appropriate to help ensure the success of such program.
feat_title: Native American Alcohol and Substance Abuse Program Consolidation Act of 2000