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42 U.S.C. § 2991h — Establishment of Administration for Native Americans

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2991h — Establishment of Administration for Native Americans

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Stable record: federal_law:legal_authorities:record_usc_fb31525337c9660363f6f267
Source file: Laws/federal/codes/united-states-code/title-42/section-2991h-establishment-of-administration-for-native-americans--57696c583b.md
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Source location: Title 42, Chapter 34, § 2991h; chapter-034-economic-opportunity-program.md

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**(a) Establishment** There is established in the Department of Health and Human Services (referred to in this subchapter as the “Department”) the Administration for Native Americans (referred to in this subchapter as the “Administration”), which shall be headed by a Commissioner of the Administration for Native Americans (referred to in this subchapter as the “Commissioner”). The Administration shall be the agency responsible for carrying out the provisions of this subchapter. **(b) Commissioner** The Commissioner shall be appointed by the President, by and with the advice and consent of the Senate. **(c) Duties** The Commissioner shall— (1) provide for financial assistance, loan funds, technical assistance, training, research and demonstration projects, and other activities, described in this subchapter; (2) serve as the effective and visible advocate on behalf of Native Americans within the Department, and with other departments and agencies of the Federal Government regarding all Federal policies affecting Native Americans; (3) with the assistance of the Intra-Departmental Council on Native American Affairs established by subsection (d)(1), coordinate activities within the Department leading to the development of policies, programs, and budgets, and their administration affecting Native Americans, and provide quarterly reports and recommendations to the Secretary; (4) collect and disseminate information related to the social and economic conditions of Native Americans, and assist the Secretary in preparing an annual report to the Congress about such conditions; (5) give preference to agencies described in [section 2991b(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2991b/a&num=0&edition=prelim) that are eligible for assistance under this subchapter, in entering into contracts for technical assistance, training, and evaluation under this subchapter; and (6) encourage agencies that carry out projects under this subchapter, to give preference to Native Americans, in hiring and entering into contracts to carry out such projects. **(d) Intra-Departmental Council on Native American Affairs** (1) There is established in the Office of the Secretary the Intra-Departmental Council on Native American Affairs. The Commissioner shall be the chairperson of such Council and shall advise the Secretary on all matters affecting Native Americans that involve the Department. The Director of the Indian Health Service shall serve as vice chairperson of the Council. (2) The membership of the Council shall be the heads of principal operating divisions within the Department, as determined by the Secretary, and such persons in the Office of the Secretary as the Secretary may designate. (3) In addition to the duties described in subsection (c)(3), the Council shall, within 180 days following September 30, 1992, prepare a plan, including legislative recommendations, to allow Tribal governments and other organizations described in [section 2991b(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2991b/a&num=0&edition=prelim) to consolidate grants administered by the Department and to designate a single office to oversee and audit the grants. Such plan shall be submitted to the committees of the Senate and the House of Representatives having jurisdiction over the Administration for Native Americans. **(e) Staffing levels** The Secretary shall assure that adequate staff and administrative support is provided to carry out the purpose of this subchapter. In determining the staffing levels of the Administration, the Secretary shall consider among other factors the unmet needs of the Native American population, the need to provide adequate oversight and technical assistance to grantees, the need to carry out the activities of the Council, the additional reporting requirements established, and the staffing levels previously maintained in support of the Administration.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2992c — Records and audits

**(a)** Each agency which receives financial assistance under this subchapter shall keep such records as the Commissioner may prescribe, including records which fully disclose the amount and disposition by that agency of such financial assistance, the total cost of the project in connection with which such financial assistance is given or used, the amount of that portion of the cost of the project supplied by other sources, and such other records as will facilitate an effective audit. **(b)** The Commissioner and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of any agency which receives financial assistance under this subchapter that are pertinent to the financial assistance received under this subchapter.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2991h — Appeals, notice, and hearing

Page 5650 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2991h L. 102–375, title VIII, § 822(9), Sept. 30, 1992, 106 Stat. 1298.) Editorial Notes PRIOR PROVISIONS A prior section 809 of Pub. L. 88–452 was renumbered section 810 and is classified to section 2991h of this title. AMENDMENTS 1992—Subsecs. (a), (b). Pub. L. 102–375 substituted ‘‘Commissioner’’ for ‘‘Secretary’’. § 2991h. Appeals, notice, and hearing (a) The Commissioner shall prescribe proce- dures to assure that— (1) financial assistance under this sub- chapter shall not be suspended, except in emergency situations, unless the assisted agency has been given reasonable notice and opportunity to show cause why such action should not be taken; and (2) financial assistance under this sub- chapter shall not be terminated, and applica- tion for refunding shall not be denied, and a suspension of financial assistance shall not be continued for longer than thirty days, unless the assisted agency has been afforded reason- able notice and opportunity for a full and fair hearing. (b) If an application is rejected on the grounds that the applicant is ineligible or that activities proposed by the applicant are ineligible for fund- ing, the applicant may appeal to the Secretary, not later than 30 days after the date of receipt of notification of such rejection, for a review of the grounds for such rejection. On appeal, if the Secretary finds that an applicant is eligible or that its proposed activities are eligible, such eli- gibility shall not be effective until the next cycle of grant proposals are considered by the Administration. (Pub. L. 88–452, title VIII, § 810, formerly § 809, as added Pub. L. 93–644, § 11, Jan. 4, 1975, 88 Stat. 2326; renumbered § 810, Pub. L. 100–175, title V, § 502(3)

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