
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC2991b-2]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 34--ECONOMIC OPPORTUNITY PROGRAM
 
                SUBCHAPTER VIII--NATIVE AMERICAN PROGRAMS
 
Sec. 2991b-2. Establishment of Administration for Native 
        Americans
        

(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) of this 
    section, 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 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) of this 
section, 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 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.

(Pub. L. 88-452, title VIII, Sec. 803B, as added Pub. L. 102-375, title 
VIII, Sec. 822(3), Sept. 30, 1992, 106 Stat. 1296; amended Pub. L. 103-
171, Sec. 5(4), Dec. 2, 1993, 107 Stat. 1992.)


                               Amendments

    1993--Subsec. (c)(5). Pub. L. 103-171, Sec. 5(4)(A), substituted 
``agencies described in section 2991b(a) of this title that'' for 
``individuals who''.
    Subsec. (c)(6). Pub. L. 103-171, Sec. 5(4)(B), substituted ``Native 
Americans,'' for ``such individuals''.
