Page:United States Statutes at Large Volume 102 Part 5.djvu/221

 PUBLIC LAW 100-690—NOV. 18, 1988

102 STAT. 4227

occurrences of such noncompliance or unsatisfactory performance. If the Secretary determines that such noncompliance or unsatisfactory performance cannot be resolved and prevented in the future, the Secretary shall not renew such contract with such entity and is authorized to enter into a contract under section 2304 with another entity referred to in section 2304(b) that provides services to the same population of Native Hawaiians which is served by the entity whose contract is not renewed by reason of this subsection. (2) In determining whether to renew a contract entered into with an entity under this subtitle, the Secretary shall consider the results of evaluation under this section. (3) All contracts entered into by the Secretary under this subtitle shall be in accordance with all Federal contracting laws and regulations except that, in the discretion of the Secretary, such contracts may be negotiated without advertising and may be exempted from the provisions of the Act of August 24, 1935 (40 U.S.C. 270a et seq.). (4) Payments made under any contract entered into under this sulDtitle may be made in advance, by means of reimbursement, or in installments and shall be made on such conditions as the Secretary deems necessary to carry out the purposes of this section. (e) LIMITATION ON U S E OF FUNDS FOR ADMINISTRATIVE EXPENSES.—

Except for grants and contracts under section 2305, the Secretary may not make a grant to, or enter into a contract with, an entity under this subtitle unless the entity agrees that the entity will not expend more than 10 percent of amounts received pursuant to this subtitle for the purpose of administering the grant or contract. (f) REPORT.—(1) For each fiscal year during which an entity receives or expends funds pursuant to a grant or contract under this subtitle, 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; (B) the amounts and purposes for which Federal 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 subtitle shall be subject to audit by the Secretary, the Inspector General of Health and Human Services, and the Comptroller 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 subtitle the cost of an annual private audit conducted by a certified public accountant. SEC. 2307. ASSIGNMENT OF PERSONNEL.

(a) IN GENERAL.—The Secretary is authorized to enter into an agreement with any entity under which the Secretary is authorized to assign personnel of the Department of Health and Human Services with expertise identified by such entity to such entity on detail for the purposes of providing comprehensive health promotion and disease prevention services to Native Hawaiians. (h) APPLICABLE FEDERAL PERSONNEL PROVISIONS.—Any assignment of personnel made by the Secretary under any agreement entered into under the authority of paragraph (1) 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, United States Code.

42 USC 11706.

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