Indian Youth Alcohol and Substance Abuse Prevention Act

(Measure passed House, amended)

Indian Youth Alcohol and Substance Abuse Prevention Act - Title I: Coordination of Resources and Programs - Directs the Secretary of the Interior and the Secretary of Health and Human Services (the Secretaries) to enter into a memorandum of agreement (MOA) to: (1) determine the scope of alcohol and substance abuse among Indian youth; and (2) identify and coordinate programs of the Bureau of Indian Affairs (BIA), the Indian Health Service (IHS), and other Federal and State programs relating to efforts to combat such abuse among Indian youth. Requires the Secretaries to consult with and solicit the comments of Indians and professionals in the abuse field. Requires such agreement to be submitted to the Congress and published in the Federal Register.

Permits the governing body of an Indian tribe to adopt a resolution for the establishment of a Tribal Action Plan (TAP) to coordinate existing resources and programs to combat alcohol and substance abuse among Indian youth. Requires, upon the request of a tribe, the BIA and IHS to cooperate with the tribe in the development of a TAP. Sets forth specified provisions to be included in the TAP.

Requires the Secretaries to bear equal responsibility for implementation of the provisions of this Act.

Sets forth Congressional intent with respect to the purposes of this Act.

Requires the Secretaries to make Federal property and equipment available for community use. Requires the Secretary of the Interior to: (1) establish summer recreation, employment, and counseling programs for Indian youth on reservations; (2) keep BIA funded schools open during non-school year times; (3) preserve school property that is used for alcohol and substance abuse programs for Indian youth; and (4) provide salaried coordinators for such programs.

Title II: Education Programs - Requires the Secretaries, in the development of the MOA, in cooperation with the Secretary of Education, to review: (1) Federal programs that provide educational benefits to Indian children; and (2) tribal, State and local, and private educational resources to determine their importance in carrying out the purposes of this Act. Requires the results of the review to be provided to Indian tribes for their use in the development of a TAP.

Amends the Indian Elementary and Secondary School Assistance Act and the Indian Education Act to provide for: (1) grants for the training of alcohol and substance abuse counselors in Indian elementary and secondary schools; (2) fellowships to Indian students pursuing a degree in clinical psychology; and (3) a specified percentage of fellowships to be awarded to persons specializing in guidance counseling for alcohol and substance abuse.

Amends the Education Amendments of 1978 to require all BIA schools to include a program of instruction relating to alcohol and substance abuse prevention and treatment within their curriculum. Requires the Assistant Secretary of Education to provide, upon the request of BIA schools and other specified schools, the technical assistance necessary to develop and implement an instruction program regarding alcohol and substance abuse prevention and treatment for students in kindergarten and grades one through 12. Sets forth specified duties of the Secretary of the Interior. Permits the inclusion of activities related to the prevention of alcohol and substance abuse in financial plans for summer programs for students in BIA schools.

Authorizes the use of Federal assistance under specified Federal law that goes to schools because of the enrollment of Indian children to support programs relating to alcohol and substance abuse prevention and treatment.

Requires the Secretary of the Interior to publish, on a quarterly basis, an alcohol and substance abuse newsletter and to circulate it to specified Government agencies that provide such alcohol and substance abuse-related services to Indian people.

Title III: Family and Social Services: Youth Activities - Requires the Secretaries, in the development of the MOA, to review Federal, State and local, tribal, and youth employment programs relating to family and social benefits for Indian families and children.

Requires the Secretary of the Interior, with respect to family services through the BIA or the Indian Self-Determination Act, to compile data relating to the number of child abuse and neglect cases (including alcohol and substance abuse related cases.)

Permits the establishment, through a TAP, of emergency shelters for Indian youths who are alcohol and substance abusers. Provides for the detention, in lieu of incarceration, of Indian youths in such shelters if their offenses are related to alcohol or substance abuse. Requires the Assistant Secretary for Indian Affairs to promulgate guidelines by which such shelters shall become licensed.

Title IV: Law Enforcement and Judicial Services - Requires the Secretaries, in the development of the MOA, to review Federal, State and local, and tribal programs that provide law enforcement or judicial services for Indian tribes.

Requires BIA programs for the training of BIA and tribal law enforcement and judicial personnel to include training in youth alcohol and substance abuse prevention and treatment.

Provides for the implementation at each BIA and IHS service unit of a procedure for the emergency medical assessment and treatment of Indian youth who are arrested or detained by BIA or tribal law enforcement personnel for alcohol or substance abuse offenses.

Requires the Secretary of the Interior to provide for the development of a Model Indian Juvenile Code which shall include provisions relating to the disposition of Indian youth who are arrested or detained by BIA or tribal law enforcement personnel for alcohol or drug related offenses.

Requires the Secretary of the Interior, with respect to BIA law enforcement or judicial services programs, to provide for the compilation of data relating to encounters, arrests and detentions, and disposition of Indian youth who commit alcohol or drug abuse offenses.

Title V: Indian Youth Alcohol and Substance Abuse Treatment and Rehabilitation - Requires the Secretaries, in the development of the MOA, to review Federal, State and local, and tribal programs relating to mental health and alcohol and substance abuse prevention and treatment.

Requires the Director of the Indian Health Service to provide alcohol and substance abuse treatment services including detoxification and counseling services, and follow-up care in IHS facilities and in facilities operated under the Indian Self-Determination and Education Assistance Act to Indian youth and adults.

Requires the Secretary of Health and Human Services, through the IHS, to provide training to tribal and certain Federal personnel in the prevention and treatment of alcohol and substance abuse among Indian youth. Requires the Secretary of Health and Human Services, upon request, to provide certification to persons who complete such training.

Requires the MOA to include provisions relating to IHS being responsible for: (1) determining the scope of alcohol and substance abuse among Indian youth, including the number of such youth and the financial and human costs; (2) an assessment of existing and needed resources necessary for the prevention and treatment of such youth; and (3) an estimate of the funding needed to support a program of prevention and treatment of Indian youth who are alcohol and substance abusers.

Requires the Secretary of Health and Human Services, with respect to IHS health programs, to require the compilation of data relating to the number of alcohol and substance abuse cases that IHS personnel have handled. Requires the Director of the IHS to publish a biennial national report based on such data.