Self-governance demonstration program for behavioral health programs for Indian Tribes

Part D of title V of the Public Health Service Act (42 U.S.C. 290dd et seq.) is amended by adding at the end the following: 554. Self-governance demonstration program for behavioral health programs for Indian Tribes (a) In general Not later than 180 days after the date of enactment of this section, the Secretary shall establish a demonstration program under which participating Indian Tribes, Tribal organizations, or inter-Tribal consortia may assume the administration of certain behavioral health covered programs of the Department of Health and Human Services through self-governance compacts and funding agreements. (b) Demonstration duration The demonstration program shall operate for a period of 5 years beginning on the date the Secretary executes the first funding agreement under this section. (c) Selection of participating Indian Tribes (1) In general The Secretary may select not more than 15 Indian Tribes, Tribal organizations, or inter-Tribal consortia to administer 1 or more covered programs, services, functions, or activities under this program each year of the demonstration program. (2) Eligibility To be eligible to be selected under paragraph (1), an Indian Tribe or inter-Tribal consortium shall— (A) submit to the Secretary a request pursuant to a resolution or other official action by— (i) in the case of a request submitted by an Indian Tribe, the governing body of that Indian Tribe; (ii) in the case of a request submitted by a Tribal organization, the governing body of each Indian Tribe included in the Tribal organization; and (iii) in the case of a request submitted by an inter-Tribal consortium, the governing body of each Indian Tribe included in that inter-Tribal consortium; and (B) as of the date of such submission— (i) be a party to a compact and funding agreement under the Indian Self-Determination and Education Assistance Act; and (ii) satisfy any additional criteria established by the Secretary in consultation with Indian Tribes. (3) Other authorized Indian Tribe, inter-Tribal consortium, or Tribal organization If an Indian Tribe authorizes another Indian Tribe, an inter-Tribal consortium, or a Tribal organization by resolution to plan for or carry out an included program on its behalf under this section, 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). (d) Compacts and funding agreements (1) In general Not later than 60 days after the date of selection by the Secretary of a participating Indian Tribe, inter-Tribal consortium, or Tribal organization described in subsection (c)(2), the Secretary shall negotiate and enter into a written compact and funding agreement with the Indian Tribe, Tribal organization, or inter-Tribal consortium in a manner consistent with Federal trust responsibilities, treaty obligations, and the government-to-government relationships between Indian Tribes and the United States. (2) Contents (A) In general The contents of a compact and funding agreement entered into or modified under paragraph (1) shall be consistent with the contents required to be in a compact and funding agreement, respectively, under sections 504 and 505 of the Indian Self-Determination and Education Assistance Act, except that such contents under this section may include such reasonable modifications as the Secretary and the Indian Tribe, Tribal organization authorized by an Indian Tribe, or inter-Tribal consortium determine necessary to support Tribal administration of included programs. (B) Reporting The provisions of chapter 75 of title 31, United States Code, requiring a single agency audit report shall apply to a compact and funding agreement under this section, subject to the condition that any additional reporting provisions with respect to the compact and funding agreement shall be subject to negotiation under paragraph (1) between the Indian Tribe and the Secretary. (e) Funding (1) In general The Secretary shall provide funds to the Indian Tribe, Tribal organization authorized by an Indian Tribe, or inter-Tribal consortium under a self-governance compact or funding agreement entered into under this section for programs included in such self-governance compact or funding agreement in an amount that is equal to the amount such Indian Tribe, Tribal organization, or inter-Tribal consortium would have been entitled to receive under such programs. Funding shall be subject to a negotiations process, with the minimum amount provided in an amount that is not less than what the Indian Tribe, Tribal organization, or inter-Tribal consortium would have otherwise received under such programs. (2) Matching requirement At the request of an Indian Tribe, Tribal organization authorized by an Indian Tribe, or inter-Tribal consortium selected under this section, if the Secretary determines the request to be reasonable, the Secretary shall waive any matching requirement that would otherwise apply to the Indian Tribe, Tribal organization, or inter-Tribal consortium under an included program covered by a compact or funding agreement under this section. (f) Rules of construction The Secretary shall implement each provision of this section, and each provision of a compact or funding agreement entered into or modified pursuant to this section, in a manner consistent with title V of the Indian Self-Determination and Education Assistance Act, except the Secretary may make reasonable modifications— (1) to comply with the provisions of this title when the provisions of this title conflict with the provisions of title V of the Indian Self-Determination and Education Assistance Act; and (2) to the extent necessary to fulfill the policies described in the declaration of policy in section 3 of title V of the Indian Self-Determination and Education Assistance Act relating to Tribal administration of programs, services, functions, or activities (or portions thereof) pursuant to title V of such Act. (g) Waivers (1) In general At the request of an Indian Tribe, Tribal organization authorized by an Indian Tribe, or inter-Tribal consortium, if the Secretary determines that a waiver would further the declaration of policy under section 3 of the Indian Self-Determination and Education Assistance Act, the Secretary shall grant a waiver of statutory, regulatory, or program requirements to facilitate the ability of an Indian Tribe, Tribal organization authorized by an Indian Tribe, or inter-Tribal consortium to redesign or consolidate included programs or reallocate funds. (2) Documentation The Secretary shall document all requests for a waiver under paragraph (1), including a description of— (A) the reasons for each request; (B) the effect of the waiver on the Indian Tribe, authorized Tribal organization, or inter-Tribal consortium making the request; and (C) the views of the Indian Tribe, authorized Tribal organization, or inter-Tribal consortium regarding the requested waiver. (3) Disagreement Waiver requests shall be subject to the final offer process described in section 507(b) of the Indian Self-Determination and Education Assistance Act. (h) Other agency statements Unless expressly agreed to by an Indian Tribe, Tribal organization authorized by an Indian Tribe, or inter-Tribal consortium in a compact of funding agreement entered into or modified pursuant to this section, an Indian Tribe, Tribal organization, or inter-Tribal consortium selected under this section shall not be subject to any agency circular, policy, manual, guidance, or regulation. (i) Applicability of other provisions The following provisions of the Indian Self-Determination and Education Assistance Act shall apply to a compact or funding agreement under this title: (1) Section 102(d). (2) Subsections (b), (c)(1), (c)(2), (d), (e), and (h) of section 506. (3) Subsections (g), (h), and (i) of section 508. (j) Technical assistance (1) In general The Director of the Office of Tribal Self-Governance of the Department of Health and Human Services shall provide technical assistance to the Secretary and participating Indian Tribes and Tribal organizations to carry out this section, including technical assistance to Indian Tribes and Tribal organizations to conduct evaluations of programs for which such Indian Tribes and Tribal organizations have participated in self-governance under this section. (2) Technical assistance grants The Secretary shall award grants to national organizations with expertise on Tribal self-governance, for purposes of providing technical assistance to Indian Tribes and Tribal organizations in the negotiation of self-governance compact or funding agreements described in subsection (a). (3) Authorization of appropriations (A) In general There are authorized to be appropriated— (i) $2,000,000 to carry out the technical assistance grants under paragraph (2); and (ii) such sums as necessary to provide technical assistance under paragraph (1). (B) Availability Amounts made available pursuant to subparagraph (A) shall remain available until expended. (k) Consultation The Secretary shall conduct Tribal consultation before promulgating regulations to carry out this section. (l) Reporting The Secretary, in consultation with the participating Indian Tribes and inter-Tribal consortia, shall submit to Congress annual reports on the implementation of this section. (m) Definitions In this section: (1) Covered program The term covered program means any mental health, substance abuse prevention and treatment, recovery support, crisis response, suicide prevention, or related behavioral health program of the Substance Abuse and Mental Health Services Administration as the Secretary determines appropriate. (2) Funding agreement The term funding agreement means a negotiated agreement between the Secretary and an Indian Tribe or inter-Tribal consortium that specifies the programs, services, functions, and activities to be performed by such Indian Tribe or Tribal organization. (3) Indian Tribe, Tribal organization The terms Indian Tribe and Tribal organization have the meanings given such terms in section 4 of the Indian Self-Determination and Education Assistance Act. (4) Inter-Tribal consortium The term inter-Tribal consortium has the meaning given the term in section 501 of the Indian Self-Determination and Education Assistance Act. (5) Self governance compact The term self-governance compact means a negotiated agreement between the Secretary and an Indian Tribe, inter-Tribal consortium, or a Tribal organization authorized by an Indian Tribe that establishes the general terms of the relationship between the Secretary and such Indian Tribe or inter-Tribal consortium..