Page:United States Statutes at Large Volume 94 Part 2.djvu/317

 PUBLIC LAW 96-398—OCT. 7, 1980

94 STAT. 1595

(2) the term "urban Indian organization" has the same mean- "Urban Indian ing as is given that term by the Indian Health Care Improvement organization. Act. PROCEDURES

SEC. 309. In considering any application for a grant or contract 42 USC 9465. under this title or title II, the Secretary shall provide a reasonable f^rj^^' PP ^^^^• opportunity for the submission of comments on the application. If the Secretary does not approve an application, the Secretary shall provide the applicant and the State mental health authority of the State in which the applicant is located to the Secretary with a statement of the reasons of the Secretary for not approving the application. PART C—PERFORMANCE PERFORMANCE CONTRACTS

SEC. 315. No payment may be made under any grant or contract 42 USC 9471. made or entered into under title II or this title unless the Secretary has entered into a contract with the entity to which the grant has been made or with which the contract has been entered into specifying the following with respect to the performance of the activities for which the grant or contract was made or entered into: (DA schedule for the performance of such activities. (2) The standards by which the performance of such activities by the entity will be monitored and evaluated, the incentives which will be provided the entity to meet such standards, and the role of the Secretary and of consumers and representatives of communities affected by such activities in such monitoring and evaluation. (3) The methods and format which will be used in collecting and transmitting data to the Secretary respecting the performance of such activities. (4) An expeditious and impartial method for the resolution of disputes between the entity and the Secretary respecting the performance of such activities. (5) Such other matters which the Secretary includes in the contract to carry out the purposes of the section under which the grant or contract was made or entered into. PERFORMANCE STANDARDS

SEC. 316. (a) The Secretary shall prescribe standard measures of 42 USC 9472. performance designed to test the quality and extent of performance by the recipients of grants and contracts under title II and this title and the extent to which such performance has helped to achieve the national or other objectives for which the grants or contracts were made or entered into. (h) In determining whether or not to approve an application for a grant or contract under title II or this title, the Secretary shall consider the performance by the applicant under any prior grant or contract under title II or this title as measured under subsection (a). EVALUATION AND MONITORING

SEC. 317. (a) With the approval of the Secretary, any recipient of a 42 USC 9473. grant or contract under title II or this title may use a portion of that grant or contract for evaluation of the project or activity involved.

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