§3057j — Title 42 The Public Health and Welfare | U.S. Code

Summary

Public or nonprofit groups must send an application to the Assistant Secretary and follow the rules the Assistant Secretary sets to get a grant. The application must show the group will check the needs of older Native Hawaiians, run the program properly, work with the State agency on aging and local subchapter III programs, file required reports and allow checks, do regular evaluations, set clear goals and plans to fix problems, offer easy-to-reach information and help, prefer hiring Native Hawaiians 60 years of age and older when possible, make legal/ombudsman help meet subchapter III rules, and keep proper financial controls and records. If an application meets these requirements, the Assistant Secretary must approve it. If not approved, the Assistant Secretary must send written objections within 60 days, try to help the group fix the problems, and give the group a hearing under the Assistant Secretary’s rules. Approved grants must be for at least 12 months.

Title 42, §3057j

The Public Health and Welfare — Source: USLM XML via OLRC

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

(c)Whenever the Assistant Secretary determines not to approve an application submitted under subsection (a) 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)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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1993—Pub. L. 103–171 substituted “Assistant Secretary” for “Commissioner” wherever appearing. 1992—Subsec. (a)(3). Pub. L. 102–375, § 603, inserted before semicolon at end “and with the activities carried out under subchapter III in the same geographical area”. Subsec. (a)(7). Pub. L. 102–375, § 102(b)(4), substituted “information and assistance” for “information and referral”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1992 AmendmentAmendment 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.

Effective Date

Section effective Oct. 1, 1987, except not applicable with respect to any area plan submitted under section 3026(a) of this title or any State plan submitted under section 3027(a) of this title and approved for any fiscal year beginning before Nov. 29, 1987, see section 701(a), (b) of Pub. L. 100–175, set out as an

Effective Date

of 1987 Amendment note under section 3001 of this title.

§3057j Application

Summary

Title 42, §3057j

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Effective Date

Citations & Metadata