42 U.S.C. § 11707 — Administration of grants and contracts

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; Page 8214 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 11708 (B) the amounts and purposes for which Fed- eral funds were expended; and (C) such other information as the Secretary may request. (2) The reports and records of any entity which concern any grant or contract under this chap- ter shall be subject to audit by the Secretary, the Inspector General of the Department of Health and Human Services, and the Comp- troller General of the United States. (g) Annual private audit The Secretary shall allow as a cost of any grant made or contract entered into under this chapter the cost of an annual private audit con- ducted by a certified public accountant. (Pub. L. 100–579, § 8, Oct. 31, 1988, 102 Stat. 2921; Pub. L. 100–690, title II, § 2308, Nov. 18, 1988, 102 Stat. 4228; Pub. L. 102–396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsec. (c)(4), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Title XIX of the Act is classified generally to subchapter XIX (§ 1396 et seq.) of chapter 7 of this title. For complete classifica- tion of this Act to the Code, see section 1305 of this title and Tables. CODIFICATION In subsec. (d)(3), ‘‘sections 3131 and 3133 of title 40’’ substituted for ‘‘the Act of August 24, 1935 (40 U.S.C. 270a et seq.)’’ on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works. 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 substan- tially identical sections. The text of this section is based on section 8 of Pub. L. 100–579, as subsequently amended. AMENDMENTS 1992—Pub. L. 102–396 amended section generally. Prior to amendment, section defined terms for purposes of this chapter. § 11708. Assignment of personnel (a) In general The Secretary is authorized to enter into an agreement with any entity under which the Sec- retary is authorized to assign personnel of the Department of Health and Human Services with expertise identified by such entity to such enti- ty on detail for the purposes of providing com- prehensive health promotion and disease preven- tion services to Native Hawaiians. (b) Applicable Federal personnel provisions Any assignment of personnel made by the Sec- retary under any agreement entered into under the authority of subsection (a) shall be treated as an assignment of Federal personnel to a local government that is made in accordance with subchapter VI of chapter 33 of title 5. (Pub. L. 100–579, § 9, Oct. 31, 1988, 102 Stat. 2923; Pub. L. 100–690, title II, § 2309, Nov. 18, 1988, 102 Stat. 4229; Pub. L. 102–396, title IX, § 9168, Oct. 6, 1992, 106 Stat. 1948.) Editorial Notes CODIFICATION 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 substan- tially identical sections. The text of this section is based on section 9 of Pub. L. 100–579, as subsequently amended. AMENDMENTS 1992—Pub. L. 102–396 amended section generally. Prior to amendment, section related to rule of construction. § 11709. Native Hawaiian health scholarships (a) Eligibility Subject to the availability of funds appro- priated under the authority of subsection (c) of this section, the Secretary shall provide funds through a direct grant or a cooperative agree- ment to Papa Ola Lokahi for the purpose of pro- viding scholarship assistance to students who— (1) meet the requirements of paragraphs (1), (3), and (4) of section 254l(b) of this title, and (2) are Native Hawaiians. (b) Terms and conditions (1) The scholarship assistance provided under subsection (a) of this section shall be provided under the same terms and subject to the same conditions, regulations, and rules that apply to scholarship assistance provided under section 254l of this title, provided that— (A) the provision of scholarships in each type of health care profession training shall correspond to the need for each type of health care professional identified in the Native Ha- waiian comprehensive health care master plan implemented under section 11703 of this title to serve the Native Hawaiian health care sys- tems, as identified by Papa Ola Lokahi; (B) the primary health services covered under the scholarship assistance program under this section shall be the services in- cluded under the definition of that term under section 11711(8) of this title; (C) to the maximum extent practicable, the Secretary shall select scholarship recipients from a list of eligible applicants submitted by the Papa Ola Lokahi; (D) the obligated service requirement for each scholarship recipient shall be fulfilled through the full-time clinical or nonclinical practice of the health profession of the schol- arship recipient, in an order of priority that would provide for practice— (i) first, in any one of the five Native Ha- waiian health care systems; and (ii) second, in— (I) a health professional shortage area or medically underserved area located in the State of Hawaii; or