
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: 42USC3057j]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 35--PROGRAMS FOR OLDER AMERICANS
 
                SUBCHAPTER X--GRANTS FOR NATIVE AMERICANS
 
                     Part B--Native Hawaiian Program
 
Sec. 3057j. Application


(a) Approval criteria; provisions and assurances

    No grant may be made under this part unless the public or nonprofit 
private organization submits an application to the Assistant Secretary 
which meets such criteria as the Assistant Secretary may by regulation 
prescribe. Each such application shall--
        (1) provide that the organization will evaluate the need for 
    supportive and nutrition services among older Native Hawaiians to be 
    represented by the organization;
        (2) provide for the use of such methods of administration as are 
    necessary for the proper and efficient administration of the program 
    to be assisted;
        (3) provide assurances that the organization will coordinate its 
    activities with the State agency on aging and with the activities 
    carried out under subchapter III of this chapter in the same 
    geographical area;
        (4) provide that the organization will make such reports in such 
    form and containing such information as the Assistant Secretary may 
    reasonably require, and comply with such requirements as the 
    Assistant Secretary may impose to ensure the correctness of such 
    reports;
        (5) provide for periodic evaluation of activities and projects 
    carried out under the application;
        (6) establish objectives, consistent with the purpose of this 
    subchapter, toward which activities described in the application 
    will be directed, identify obstacles to the attainment of such 
    objectives, and indicate the manner in which the organization 
    proposes to overcome such obstacles;
        (7) provide for establishing and maintaining information and 
    assistance services to assure that older Native Hawaiians to be 
    served by the assistance made available under this part will have 
    reasonably convenient access to such services;
        (8) provide a preference for Native Hawaiians 60 years of age 
    and older for full or part-time staff positions wherever feasible;
        (9) provide that any legal or ombudsman services made available 
    to older Native Hawaiians represented by the nonprofit private 
    organization will be substantially in compliance with the provisions 
    of subchapter III of this chapter relating to the furnishing and 
    similar services; and
        (10) provide satisfactory assurances that the fiscal control and 
    fund accounting procedures will be adopted as may be necessary to 
    assure proper disbursement of, and accounting for, Federal funds 
    paid under this part to the nonprofit private organization, 
    including any funds paid by the organization to a recipient of a 
    grant or contract.

(b) Approval by Assistant Secretary

    The Assistant Secretary shall approve any application which complies 
with the provisions of subsection (a) of this section.

(c) Disapproval by Assistant Secretary

    Whenever the Assistant Secretary determines not to approve an 
application submitted under subsection (a) of this section the Assistant 
Secretary shall--
        (1) state objections in writing to the nonprofit private 
    organization within 60 days after such decision;
        (2) provide to the extent practicable technical assistance to 
    the nonprofit private organization to overcome such stated 
    objections; and
        (3) provide the organization with a hearing under such rules and 
    regulations as the Assistant Secretary may prescribe.

(d) Funds per year

    Whenever the Assistant Secretary approves an application of a 
nonprofit private or public organization under this part funds shall be 
awarded for not less than 12 months.

(Pub. L. 89-73, title VI, Sec. 624, as added Pub. L. 100-175, title I, 
Sec. 171, Nov. 29, 1987, 101 Stat. 962; amended Pub. L. 102-375, title 
I, Sec. 102(b)(4), title VI, Sec. 603, Sept. 30, 1992, 106 Stat. 1201, 
1270; Pub. L. 103-171, Sec. 3(a)(13), Dec. 2, 1993, 107 Stat. 1990.)


                               Amendments

    1993--Pub. L. 103-171 substituted ``Assistant Secretary'' for 
``Commissioner'' wherever appearing.
    1992--Subsec. (a)(3). Pub. L. 102-375, Sec. 603, inserted before 
semicolon at end ``and with the activities carried out under subchapter 
III of this chapter in the same geographical area''.
    Subsec. (a)(7). Pub. L. 102-375, Sec. 102(b)(4), substituted 
``information and assistance'' for ``information and referral''.


                    Effective Date of 1992 Amendment

    Amendment by section 603 of Pub. L. 102-375 inapplicable to fiscal 
year 1992, see section 905(b)(5) of Pub. L. 102-375, set out as a note 
under section 3001 of this title.
