Page:United States Statutes at Large Volume 102 Part 5.djvu/220

 102 STAT. 4226 42 USC 11705.

Classified information.

Reports.

PUBLIC LAW 100-690—NOV. 18, 1988

SEC. 2306. ADMINISTRATION OF GRANTS AND CONTRACTS.

(a) TERBfS AND CONDITIONS.—The Secretary shall include in any grant made or contract entered into under this subtitle such terms and conditions as the Secretary considers necessary or appropriate to ensure that the objectives 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 subtitle. (c) ADMINISTRATIVE REQUIREMENTS.—The Secretary may not make a grant or enter into a contract under this subtitle with an entity 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 contract; (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 substantial portion of which has a limited ability to speak the Elnglish 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 communicate 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 approved under title XIX of the Social Security Act— (A) if the entity will provide under the grant or contract any such health services directly— (i) the entity has entered into a participation agreement under such plan; and (ii) the entity is qualified to receive payments 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 receive payments under such plan; and (5) agrees to submit to the Secretary and to Papa Ola Lokahi an annual report that describes 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 information as the Secretary determines to be appropriate. (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 2304, the Secretary shall, prior to renewing such contract, attempt to resolve the areas of noncompliance or unsatisfactory performance and modify such contract to prevent future

�