42 U.S.C. § 11706 — Administrative grant for Papa Ola

Page 8212 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11706 (B) will be adjusted to reflect the income of the individual involved. (h) Authorization of appropriations (1) There are authorized to be appropriated such sums as may be necessary for fiscal years 1993 through 2019 to carry out subsection (a)(1). (2) There are authorized to be appropriated such sums as may be necessary to carry out sub- section (a)(2). (Pub. L. 100–579, § 6, Oct. 31, 1988, 102 Stat. 2919; Pub. L. 100–690, title II, § 2306, Nov. 18, 1988, 102 Stat. 4226; Pub. L. 102–396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935; Pub. L. 114–95, title IX, § 9215(jjj), Dec. 10, 2015, 129 Stat. 2187.) Editorial Notes REFERENCES IN TEXT Section 7512(16) of title 20 (as such section was in ef- fect on the day before December 10, 2015), referred to in subsec. (c)(4), means section 7512(16) of title 20 prior to amendment by Pub. L. 114–95, title VI, §§ 6001(a), (b)(1), 6003(a), Dec. 10, 2015, 129 Stat. 2046, 2063. CODIFICATION Amendments by Pub. L. 111–148 are based on section 202(a), (b)(1), of title II of S. 1790, One Hundred Eleventh Congress, as reported by the Committee on Indian Af- fairs of the Senate in Dec. 2009, which was enacted into law by section 10221(a) of Pub. L. 111–148. The 1992 amendment is based on section 1 of S. 2681, One Hundred Second Congress, as passed by the Senate on Aug. 7, 1992, and enacted into law by section 9168 of Pub. L. 102–396. Section 9168, which referred to S. 2681, as passed by the Senate on ‘‘September 12, 1992’’, has been treated as referring to S. 2681, as passed by the Senate on Aug. 7, 1992, to reflect the probable intent of Congress. Pub. L. 100–579 and Pub. L. 100–690 enacted identical sections. The text of this section is based on section 6 of Pub. L. 100–579, as subsequently amended. AMENDMENTS 2015—Subsec. (c)(4). Pub. L. 114–95 substituted ‘‘pri- vate educational organization identified in section 7512(16) of title 20 (as such section was in effect on the day before December 10, 2015) to continue to offer its educational programs and services to Native Hawaiians (as defined in section 7517 of title 20) first and to oth- ers’’ for ‘‘private educational organization identified in section 7512(16) of title 20 to continue to offer its edu- cational programs and services to Native Hawaiians (as defined in section 7517 of title 20) first and to others’’. 2010—Subsec. (c)(4). Pub. L. 111–148, which directed the amendment of section 6(c) of the Native Hawaiian Health Care Act of 1988 by adding par. (4), was executed by making the amendment to this section, which is sec- tion 6 of the Native Hawaiian Health Care Improve- ment Act, to reflect the probable intent of Congress. Subsec. (h)(1). Pub. L. 111–148, which directed the amendment of section 6(h)(1) of the Native Hawaiian Health Care Act of 1988 by substituting ‘‘2019’’ for ‘‘2001’’, was executed by making the amendment to this section, which is section 6 of the Native Hawaiian Health Care Improvement Act, to reflect the probable intent of Congress. 1992—Pub. L. 102–396 amended section generally. Prior to amendment, section related to administration of grants and contracts. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education. EFFECTIVE DATE OF 2010 AMENDMENT Section 202(b)(2) of title II of S. 1790, One Hundred Eleventh Congress, as reported by the Committee on Indian Affairs of the Senate in Dec. 2009, which was en- acted into law by Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935, provided that: ‘‘The amend- ment made by paragraph (1) [amending this section] takes effect on December 5, 2006.’’ § 11706. Administrative grant for Papa Ola Lokahi (a) In general In addition to any other grant or contract under this chapter, the Secretary may make grants to, or enter into contracts with, Papa Ola Lokahi for— (1) coordination, implementation, and updat- ing (as appropriate) of the comprehensive health care master plan developed pursuant to section 11703 of this title; (2) training for the persons described in sec- tion 11705(c)(1)(B) of this title; (3) identification of and research into the diseases that are most prevalent among Na- tive Hawaiians, including behavioral, bio- medical, epidemiological, and health services; (4) the development of an action plan out- lining the contributions that each member or- ganization of Papa Ola Lokahi will make in carrying out the policy of this chapter; (5) a clearinghouse function for— (A) the collection and maintenance of data associated with the health status of Native Hawaiians; (B) the identification and research into diseases affecting Native Hawaiians; and (C) the availability of Native Hawaiian project funds, research projects and publica- tions; (6) the coordination of the health care pro- grams and services provided to Native Hawai- ians; and (7) the administration of special project funds. (b) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary for fiscal years 1993 through 2019 to carry out subsection (a). (Pub. L. 100–579, § 7, Oct. 31, 1988, 102 Stat. 2921; Pub. L. 100–690, title II, § 2307, Nov. 18, 1988, 102 Stat. 4227; Pub. L. 102–396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948; Pub. L. 111–148, title X, § 10221(a), Mar. 23, 2010, 124 Stat. 935.) Editorial Notes CODIFICATION Amendment by Pub. L. 111–148 is based on section 202(a) of title II of S. 1790, One Hundred Eleventh Con- gress, as reported by the Committee on Indian Affairs of the Senate in Dec. 2009, which was enacted into law by section 10221(a) of Pub. L. 111–148. The 1992 amendment is based on section 1 of S. 2681, One Hundred Second Congress, as passed by the Senate on Aug. 7, 1992, and enacted into law by section 9168 of Pub. L. 102–396. Section 9168, which referred to S. 2681, as passed by the Senate on ‘‘September 12, 1992’’, has Page 8213 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11707 been treated as referring to S. 2681, as passed by the Senate on Aug. 7, 1992, to reflect the probable intent of Congress. Pub. L. 100–579 and Pub. L. 100–690 enacted substan- tially identical sections. The text of this section is based on section 7 of Pub. L. 100–579, as subsequently amended. AMENDMENTS 2010—Subsec. (b). Pub. L. 111–148, which directed the amendment of section 7(b) of the Native Hawaiian Health Care Act of 1988 by substituting ‘‘2019’’ for ‘‘2001’’, was executed by making the amendment to this section, which is section 7 of the Native Hawaiian Health Care Improvement Act, to reflect the probable intent of Congress. 1992—Pub. L. 102–396 amended section generally. Prior to amendment, section related to assignment of per- sonnel. § 11707. Administration of grants and contracts (a) Terms and conditions The Secretary shall include in any grant made or contract entered into under this chapter such terms and conditions as the Secretary considers necessary or appropriate to ensure that the ob- jectives of such grant or contract are achieved. (b) Periodic review The Secretary shall periodically evaluate the performance of, and compliance with, grants and contracts under this chapter. (c) Administrative requirements The Secretary may not make a grant or enter into a contract under this chapter with an enti- ty unless the entity— (1) agrees to establish such procedures for fiscal control and fund accounting as may be necessary to ensure proper disbursement and accounting with respect to the grant or con- tract; (2) agrees to ensure the confidentiality of records maintained on individuals receiving health services under the grant or contract; (3) with respect to providing health services to any population of Native Hawaiians, a sub- stantial portion of which has a limited ability to speak the English language— (A) has developed and has the ability to carry out a reasonable plan to provide health services under the grant or contract through individuals who are able to commu- nicate with the population involved in the language and cultural context that is most appropriate; and (B) has designated at least one individual, fluent in both English and the appropriate language, to assist in carrying out the plan; (4) with respect to health services that are covered in the plan of the State of Hawaii ap- proved under title XIX of the Social Security Act [42 U.S.C. 1396 et seq.]— (A) if the entity will provide under the grant or contract any such health services directly— (i) the entity has entered into a partici- pation agreement under such plans; and (ii) the entity is qualified to receive pay- ments under such plan; and (B) if the entity will provide under the grant or contract any such health services through a contract with an organization— (i) the organization has entered into a participation agreement under such plan; and (ii) the organization is qualified to re- ceive payments under such plan; and (5) agrees to submit to the Secretary and to Papa Ola Lokahi an annual report that de- scribes the utilization and costs of health services provided under the grant or contract (including the average cost of health services per user) and that provides such other infor- mation as the Secretary determines to be ap- propriate. (d) Contract evaluation (1) If, as a result of evaluations conducted by the Secretary, the Secretary determines that an entity has not complied with or satisfactorily performed a contract entered into under section 11705 of this title, the Secretary shall, prior to renewing such contract, attempt to resolve the areas of noncompliance or unsatisfactory per- formance and modify such contract to prevent future occurrences of such noncompliance or un- satisfactory performance. If the Secretary deter- mines that such noncompliance or unsatisfac- tory performance cannot be resolved and pre- vented in the future, the Secretary shall not renew such contract with such entity and is au- thorized to enter into a contract under section 11705 of this title with another entity referred to in section 11705(b) of this title that provides services to the same population of Native Ha- waiians which is served by the entity whose con- tract is not renewed by reason of this sub- section. (2) In determining whether to renew a contract entered into with an entity under this chapter, the Secretary shall consider the results of the evaluation under this section. (3) All contracts entered into by the Secretary under this chapter shall be in accordance with all Federal contracting laws and regulations ex- cept that, in the discretion of the Secretary, such contracts may be negotiated without ad- vertising and may be exempted from the provi- sions of sections 3131 and 3133 of title 40. (4) Payments made under any contract entered into under this chapter may be made in advance, by means of reimbursement, or in installments and shall be made on such conditions as the Sec- retary deems necessary to carry out the pur- poses of this chapter. (e) Limitation on use of funds for administrative expenses Except for grants and contracts under section 11706 of this title, the Secretary may not grant to, or enter into a contract with, an entity under this chapter unless the entity agrees that the entity will not expend more than 10 percent of amounts received pursuant to this chapter for the purpose of administering the grant or con- tract. (f) Report (1) For each fiscal year during which an entity receives or expends funds pursuant to a grant or contract under this chapter, such entity shall submit to the Secretary and to Papa Ola Lokahi a quarterly report on— (A) activities conducted by the entity under the grant or contract;