CHAPTER 34 - ECONOMIC OPPORTUNITY PROGRAM
Title 42 > CHAPTER 34
Sections (114)
§ 2701 Repealed. Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519
§ 2702 Omitted
§§ 2702a, 2702b Omitted
§ 2703 Repealed. Pub. L. 93–644, § 16(b), Jan. 4, 1975, 88 Stat. 2330
§ 2704 Discontinued Job Corps centers; utilization for special youth programs
(a) Notwithstanding any other provision of law, the Director of the Office of Economic Opportunity shall establish procedures and make arrangements which are designed to assure that facilities and equipment of Job Corps centers which are being discontinued will, where feasible, be made available for use by State or Federal agencies and other public or private agencies, institutions, and organizations with satisfactory arrangements for utilizing such facilities and equipment for conducting programs, especially those providing opportunities for low-income disadvantaged youth, including, without limitation— special remedial programs; summer youth programs; exemplary vocational preparation and training programs; cultural enrichment programs, including music, the arts, and the humanities; training programs designed to improve the qualifications of educational personnel, including instructors in vocational educational programs; and youth conservation work and other conservation programs.
(b) To achieve the objectives of this section, the Director of the Office of Economic Opportunity shall consult with, elicit the cooperation of, and utilize the services of the Administrator of the General Services Administration, and the Secretaries of Agriculture, of the Interior, and of Labor.
§ 2705 Repealed. Pub. L. 93–644, § 16(a), Jan. 4, 1975, 88 Stat. 2330
§ 2706 Repealed. Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519
§ 2707 Omitted
§§ 2711 to 2716 Repealed. Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519
§§ 2717 to 2729 Repealed. Pub. L. 93–203, title VI, § 614, Dec. 28, 1973, 87 Stat. 883
§ 2731 Repealed. Pub. L. 89–794, title I, § 112(a), Nov. 8, 1966, 80 Stat. 1454
§§ 2732 to 2736 Omitted
§§ 2737 to 2749 Repealed. Pub. L. 93–203, title VI, § 614, Dec. 28, 1973, 87 Stat. 883
§ 2751 Transferred
§ 2752 Transferred
§ 2753 Transferred
§ 2754 Transferred
§ 2755 Transferred
§ 2756 Transferred
§ 2756a Transferred
§ 2756b Transferred
§ 2757 Repealed. Pub. L. 90–575, title I, § 131(a), Oct. 16, 1968, 82 Stat. 1028
§§ 2761, 2762 Omitted
§§ 2763 to 2768 Repealed. Pub. L. 92–424, § 25(b), Sept. 19, 1972, 86 Stat. 703
§§ 2769 to 2769f Repealed. Pub. L. 93–203, title VI, § 614, Dec. 28, 1973, 87 Stat. 883
§ 2771 Repealed. Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519
§ 2781 Repealed. Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519
§§ 2782 to 2789 Omitted
§§ 2790, 2791 Repealed. Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519
§§ 2792 to 2794 Omitted
§§ 2795 to 2797 Repealed. Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519
§§ 2801 to 2807 Repealed. Pub. L. 89–750, title III, § 315, Nov. 3, 1966, 80 Stat. 1222
§§ 2808 to 2815 Repealed. Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519
§§ 2821, 2822 Omitted
§§ 2823 to 2825 Repealed. Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519
§ 2826 Repealed. Pub. L. 92–424, § 27(b)(1), Sept. 19, 1972, 86 Stat. 705
§§ 2827, 2828 Repealed. Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519
§ 2829 Repealed. Pub. L. 95–568, § 6(d), Nov. 2, 1978, 92 Stat. 2428
§ 2830 Repealed. Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519
§ 2831 Omitted
§ 2832 Repealed. Pub. L. 95–568, § 7(a), Nov. 2, 1978, 92 Stat. 2428
§§ 2833 to 2837 Repealed. Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519
§§ 2841 to 2856 Repealed. Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519
§§ 2861 to 2865 Repealed. Pub. L. 95–568, § 8(a)(2), Nov. 2, 1978, 92 Stat. 2428
§ 2871 Repealed. Pub. L. 95–568, § 8(a)(2), Nov. 2, 1978, 92 Stat. 2428
§ 2881 Repealed. Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519
§§ 2901 to 2906 Repealed. Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519
§§ 2906a to 2907 Repealed. Pub. L. 93–386, § 2(b), Aug. 23, 1974, 88 Stat. 745
§§ 2921 to 2923 Repealed. Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519
§§ 2924, 2925 Omitted
§§ 2928 to 2928g Repealed. Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519
§ 2928g–1 Omitted
§§ 2928h to 2928n Repealed. Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519
§§ 2929 to 2929c Repealed. Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519
§§ 2930 to 2930f Repealed. Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519
§§ 2931 to 2933 Repealed. Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519
§§ 2941 to 2948 Repealed. Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519
§ 2949 Repealed. Pub. L. 93–644, § 9(c)(6), Jan. 4, 1975, 88 Stat. 2314
§§ 2950, 2951 Repealed. Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519
§§ 2961 to 2970 Repealed. Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519
§ 2971 Repealed. Pub. L. 95–568, § 13(i), Nov. 2, 1978, 92 Stat. 2436
§§ 2971a to 2971g Repealed. Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519
§§ 2972 to 2978 Repealed. Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519
§ 2979 Repealed. Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519
§§ 2979a, 2980 Repealed. Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519
§§ 2981 to 2981c Repealed. Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519
§§ 2982 to 2982c Repealed. Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519
§ 2982d Omitted
§§ 2983 to 2983b Repealed. Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519
§§ 2984, 2984a Repealed. Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519
§ 2984b Omitted
§§ 2985 to 2985c Repealed. Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519
§ 2985c–1 Repealed. Pub. L. 95–568, § 14(k), Nov. 2, 1978, 92 Stat. 2438
§§ 2985d to 2985g Repealed. Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519
§ 2991 Short title
This subchapter may be cited as the “Native American Programs Act of 1974”. ( Pub. L. 88–452, title VIII, § 801 , as added Pub. L. 93–644, § 11 , Jan. 4, 1975 , 88 Stat. 2323 .)
§ 2991a Congressional statement of purpose
The purpose of this subchapter is to promote the goal of economic and social self-sufficiency for American Indians, Native Hawaiians, other Native American Pacific Islanders (including American Samoan Natives), and Alaska Natives. ( Pub. L. 88–452, title VIII, § 802 , as added Pub. L. 93–644, § 11 , Jan. 4, 1975 , 88 Stat. 2324 ; amended Pub. L. 100–175, title V , §§ 504(b)(1), 506(c)(1), Nov. 29, 1987 , 101 Stat. 975 , 978; Pub. L. 102–375, title VIII, § 822(21) , Sept. 30, 1992 , 106 Stat. 1300 ; Pub. L. 103–171, § 5(1) , Dec. 2, 1993 , 107 Stat. 1991 .)
“SECTION 1 CONGRESSIONAL FINDINGS AND DECLARATION OF POLICY.
“The Congress finds and declares the following: The Joint Federal-State Commission on Policies and Programs Affecting Alaska Natives (hereafter in this Act referred to as the ‘Alaska Natives Commission’) was established by Public Law 101–379 ( 42 U.S.C. 2991a note) following the publication in 1989 of the ‘Report on the Status of Alaska Natives: A Call for Action’ by the Alaska Federation of Natives and after extensive congressional hearings which focused on the need for the first comprehensive assessment of the social, cultural, and economic condition of Alaska’s 86,000 Natives since the enactment of the Alaska Native Claims Settlement Act, Public Law 92–203 [ 43 U.S.C. 1601 et seq.]. The 14-member Alaska Natives Commission held 15 regional hearings throughout Alaska between July 1992 and October 1993, and 2 statewide hearings in Anchorage coinciding with the Conventions of 1992 and 1993 of the Alaska Federation of Natives. In May 1994, the Alaska Natives Commission issued its 3 volume, 440 page report. As required by Public Law 101–379 , the report was formally conveyed to the Congress, the President of the United States, and the Governor of Alaska. The Alaska Natives Commission found that many Alaska Native individuals, families, and communities were experiencing a social, cultural, and economic crisis marked by rampant unemployment, lack of economic opportunity, alcohol abuse, depression, and morbidity and mortality rates that have been described by health care professionals as ‘staggering’. The Alaska Natives Commission found that due to the high rate of unemployment and lack of economic opportunities for Alaska Natives, government programs for the poor have become the foundation of many village economies. Displacing traditional Alaska Native social safety nets, these well-meaning programs have undermined the healthy interdependence and self-sufficiency of Native tribes and families and have put Native tribes and families at risk of becoming permanent dependencies of Government. Despite these seemingly insurmountable problems, the Alaska Natives Commission found that Alaska Natives, building on the Alaska Native Claims Settlement Act, had begun a unique process of critical self-examination which, if supported by the United States Congress through innovative legislation, and effective public administration at all levels including traditional Native governance, could provide the basis for an Alaska Native social, cultural, economic, and spiritual renewal. The Alaska Natives Commission recognized that the key to the future well-being of Alaska Natives lay in— the systematic resumption of responsibility by Alaska Natives for the well-being of their members, the strengthening of their economies, the strengthening, operation, and control of their systems of governance, social services, education, health care, and law enforcement, and exercising rights they have from their special relationship with the Federal Government and as citizens of the United States and Alaska. The Alaska Natives Commission recognized that the following 3 basic principles must be respected in addressing the myriad of problems facing Alaska Natives: Self-reliance. Self-determination. Integrity of Native cultures. There is a need to address the problems confronting Alaska Natives. This should be done rapidly, with certainty, and in conformity with the real economic, social, and cultural needs of Alaska Natives. Congress retains and has exercised its constitutional authority over Native affairs in Alaska subsequent to the Treaty of Cession and does so now through this Act.
“SEC. 2 ALASKA NATIVE IMPLEMENTATION STUDY.
(“(a) Findings.— The Congress finds and declares that— the Alaska Natives Commission adopted certain recommendations raising important policy questions which are unresolved in Alaska and which require further study and review before Congress considers legislation to implement solutions to address these recommendations; and the Alaska Federation of Natives is the representative body of statewide Alaska Native interests best suited to further investigate and report to Congress with proposals to implement the recommendations of the Alaska Natives Commission.
(“(b) Grant.— The Secretary of Health and Human Services shall make a grant to the Alaska Federation of Natives to conduct the study and submit the report required by this section. Such grant may only be made if the Alaska Federation of Natives agrees to abide by the requirements of this section.
(“(c) Study.— Pursuant to subsection (b), the Alaska Federation of Natives shall— examine the recommendations of the Alaska Natives Commission; examine initiatives in the United States, Canada, and elsewhere for successful ways that issues similar to the issues addressed by the Alaska Natives Commission have been addressed; conduct hearings within the Alaska Native community on further ways in which the Commission’s recommendations might be implemented; and recommend enactment of specific provisions of law and other actions the Congress should take to implement such recommendations.
(“(d) Consideration of Local Control.— In developing its recommendations pursuant to subsection (c)(4), the Alaska Federation of Natives shall give specific attention to the ways in which the recommendations may be achieved at the local level with maximum local control of the implementation of the recommendations.
(“(e) Report.— Not later than 12 months after the date on which the grant is made under subsection (b), the Alaska Federation of Natives shall submit a report on the study conducted under this section, together with the recommendations developed pursuant to subsection (c)(4), to the President and the Congress and to the Governor and legislature of the State of Alaska. In addition, the Alaska Federation of Natives shall make the report available to Alaska Native villages and organizations and to the general public.
(“(f) Authorization of Appropriations.— There is authorized to be appropriated $350,000 for the grant under subsection (b).
(“(g) Additional State Funding.— The Congress encourages the State of Alaska to provide the additional funding necessary for the completion of the study under this section.”
§ 2991b Financial assistance for Native American projects
(a) Authorization for financial assistance to public and nonprofit agencies; consultation with other Federal agencies to avoid duplication The Commissioner is authorized to provide financial assistance, on a single year or multiyear basis, to public and nonprofit private agencies, including but not limited to, governing bodies of Indian Tribes on Federal and State reservations, Alaska Native villages and regional corporations established by the Alaska Native Claims Settlement Act [ 43 U.S.C. 1601 et seq.], and such public and nonprofit private agencies serving Native Hawaiians, and Indian and Alaska Native organizations in urban or rural areas that are not Indian reservations or Alaska Native villages, for projects pertaining to the purposes of this subchapter. The Commissioner is authorized to provide financial assistance to public and nonprofit private agencies serving other Native American Pacific Islanders (including American Samoan Natives) for projects pertaining to the purposes of this Act. In determining the projects to be assisted under this subchapter, the Commissioner shall consult with other Federal agencies for the purpose of eliminating duplication or conflict among similar activities or projects and for the purpose of determining whether the findings resulting from those projects may be incorporated into one or more programs for which those agencies are responsible. Every determination made with respect to a request for financial assistance under this section shall be made without regard to whether the agency making such request serves, or the project to be assisted is for the benefit of, Indians who are not members of a federally recognized Tribe. To the greatest extent practicable, the Commissioner shall ensure that each project to be assisted under this subchapter is consistent with the priorities established by the agency which receives such assistance.
(b) Economic development The Commissioner may provide assistance under subsection (a) for projects relating to the purposes of this subchapter to a Native community development financial institution, as defined by the Secretary of the Treasury. With regard to not less than 50 percent of the total amount available for assistance under this section, the Commissioner shall give priority to any application seeking assistance for— the development of a Tribal code or court system for purposes of economic development, including commercial codes, training for court personnel, regulation pursuant to section 261 of title 25 , and the development of nonprofit subsidiaries or other Tribal business structures; the development of a community development financial institution, including training and administrative expenses; or the development of a Tribal master plan for community and economic development and infrastructure.
(c) Limitations of financial assistance; exceptions; non-Federal contributions Financial assistance extended to an agency under this subchapter shall not exceed 80 per centum of the approved costs of the assisted project, except that the Commissioner may approve assistance in excess of such percentage if the Commissioner determines, in accordance with regulations establishing objective criteria, that such action is required in furtherance of the purposes of this subchapter. Non-Federal contributions may be in cash or in kind, fairly evaluated, including but not limited to plant, equipment, and services. The Commissioner shall not require non-Federal contributions in excess of 20 per centum of the approved costs of programs or activities assisted under this subchapter.
(d) Assistance as addition to, and not substitution for, activities previously carried out without Federal assistance; waiver; nonreservation areas No project shall be approved for assistance under this subchapter unless the Commissioner is satisfied that the activities to be carried out under such project will be in addition to, and not in substitution for, comparable activities previously carried out without Federal assistance, except that the Commissioner may waive this requirement in any case in which the Commissioner determines, in accordance with regulations establishing objective criteria, that application of the requirement would result in unnecessary hardship or otherwise be inconsistent with the purposes of this subchapter. No project may be disapproved for assistance under this subchapter solely because the agency requesting such assistance is an Indian organization in a nonreservation area or serves Indians in a nonreservation area.
(e) Grants to improve Tribal regulation of environmental quality The Commissioner shall award grants to Indian Tribes for the purpose of funding 80 percent of the costs of planning, developing, and implementing programs designed to improve the capability of the governing body of the Indian Tribe to regulate environmental quality pursuant to Federal and Tribal environmental laws. The purposes for which funds provided under any grant awarded under paragraph (1) may be used include, but are not limited to— the training and education of employees responsible for enforcing, or monitoring compliance with, environmental quality laws, the development of Tribal laws on environmental quality, and the enforcement and monitoring of environmental quality laws. The 20 percent of the costs of planning, developing, and implementing a program for which a grant is awarded under paragraph (1) that are not to be paid from such grant may be paid by the grant recipient in cash or through the provision of property or services, but only to the extent that such cash or property is from any source (including any Federal agency) other than a program, contract, or grant authorized under this subchapter. Grants shall be awarded under paragraph (1) on the basis of applications that are submitted by Indian Tribes to the Commissioner in such form as the Commissioner shall prescribe.
§ 2991b–1 Loan fund; demonstration project
(a) Grant to Office of Hawaiian Affairs to establish revolving loan fund; purposes of fund; administrative costs; matching funds In order to provide funding that is not available from private sources, the Commissioner shall award a grant to the Office of Hawaiian Affairs of the State of Hawaii (referred to in this section as the “Office”), which shall use that grant to carry out, in the State of Hawaii, a demonstration project involving the establishment of a revolving loan fund— from which the Office shall make loans or loan guarantees to Native Hawaiian organizations and to individual Native Hawaiians for the purpose of promoting economic development in the State of Hawaii; and into which all payments, interest, charges, and other amounts collected from loans made under subparagraph (A) shall be deposited notwithstanding any other provision of law. The agreement under which a grant is awarded under paragraph (1) shall contain provisions which set forth the administrative costs of the grantee that are to be paid out of the funds provided under the grant and a requirement that the grantee contribute to the revolving loan fund an amount of non-Federal funds equal to the amount of such grant.
(b) Loans or loan guarantees to borrowers; determinations; term; interest rate; default and collection procedures; prohibition on self-lending The Office may make a loan or loan guarantee to a borrower under subsection (a)(1)(A) only if the Office determines that— the borrower is unable to obtain financing from other sources on reasonable terms and conditions; and there is a reasonable prospect that the borrower will repay the loan. Each loan or loan guarantee made under subsection (a)(1)(A) shall be— for a term that does not exceed 7 years; and at a rate of interest that does not exceed a rate equal to the sum of— the most recently published prime rate (as published in the newspapers of general circulation in the State of Hawaii before the date on which the loan is made); and 3 percentage points. The Office may require any borrower of a loan made under subsection (a)(1)(A) to provide such collateral as the Office determines to be necessary to secure the loan. Prior to making loans under subsection (a)(1)(A), the Office shall establish written procedures and definitions pertaining to defaults and collections of payments under the loans which shall be subject to the review and approval of the Commissioner. Such Office shall provide to each applicant for a loan under subsection (a)(1)(A), at the time application for the loan is made, a written copy of such procedures and definitions. The Office may not lend to itself any of the funds awarded under the grant.
(c) Notice to Commissioner of loans in default and uncollectability of such loans; instructions by Commissioner The Office shall provide the Commissioner at regular intervals written notice of each loan made under subsection (a)(1)(A) that is in default and the status of such loan. After making reasonable efforts to collect all amounts payable under a loan made under subsection (a)(1)(A) that is in default, the Office shall notify the Commissioner that such loan is uncollectable or collectable only at an unreasonable cost. Such notice shall include recommendations for future action to be taken by the Office. Upon receiving such notice, the Commissioner shall instruct the Office— to continue with its collection activities; to cancel, adjust, compromise, or reduce the amount of such loan; or to modify any term or condition of such loan, including any term or condition relating to the rate of interest or the time of payment of any installment of principal or interest, or portion thereof, that is payable under such loan. The Office shall carry out all instructions received under subparagraph (B) from the Commissioner.
(d) Payment of administrative costs; management and technical assistance The Office shall, out of funds available in the revolving loan fund established under such subsection— pay expenses incurred by the Office in administering the revolving loan fund; and provide competent management and technical assistance to borrowers of loans made under subsection (a)(1)(A) to assist the borrowers to achieve the purposes of such loans. The Commissioner shall provide to the Office such management and technical assistance as the Office may request in order to carry out the provisions of this section.
(e) Regulations Not later than 120 days after November 29, 1987 , the Commissioner, in consultation with appropriate agencies of the State of Hawaii and community-based Native Hawaiian organizations, shall prescribe regulations which set forth the procedures and criteria to be used— in making loans under subsection (a)(1)(A); and in canceling, adjusting, compromising, and reducing under subsection (c) the outstanding amounts of such loans. The Commissioner may prescribe such other regulations as may be necessary to carry out the purposes of this section, including regulations involving reporting and auditing.
(f) Authorization of appropriations; investment in obligations of United States There is authorized to be appropriated for each of the fiscal years 2000 and 2001, $1,000,000 for the purpose of carrying out the provisions of this section. Any amount appropriated under this paragraph shall remain available for expenditure without fiscal year limitation. The revolving loan fund that is required to be established under subsection (a)(1) shall be maintained as a separate account. Any portion of the revolving loan fund that is not required for expenditure shall be invested in obligations of the United States or in obligations guaranteed or insured by the United States.
(g) Reports to Congress; contents The Commissioner, in consultation with the Office, shall submit a report to the President pro tempore of the Senate and the Speaker of the House of Representatives not later than January 1 following each fiscal year, regarding the administration of this section in such fiscal year. Such report shall include the views and recommendations of the Commissioner with respect to the revolving loan fund established under subsection (a)(1) and with respect to loans made from such fund, and shall— describe the effectiveness of the operation of such fund in improving the economic and social self-sufficiency of Native Hawaiians; specify the number of loans made in such fiscal year; specify the number of loans outstanding as of the end of such fiscal year; and specify the number of borrowers who fail in such fiscal year to repay loans in accordance with the agreements under which such loans are required to be repaid.
§ 2991b–2 Establishment of Administration for Native Americans
(a) Establishment There is established in the Department of Health and Human Services (referred to in this subchapter as the “Department”) the Administration for Native Americans (referred to in this subchapter as the “Administration”), which shall be headed by a Commissioner of the Administration for Native Americans (referred to in this subchapter as the “Commissioner”). The Administration shall be the agency responsible for carrying out the provisions of this subchapter.
(b) Commissioner The Commissioner shall be appointed by the President, by and with the advice and consent of the Senate.
(c) Duties The Commissioner shall— provide for financial assistance, loan funds, technical assistance, training, research and demonstration projects, and other activities, described in this subchapter; serve as the effective and visible advocate on behalf of Native Americans within the Department, and with other departments and agencies of the Federal Government regarding all Federal policies affecting Native Americans; with the assistance of the Intra-Departmental Council on Native American Affairs established by subsection (d)(1), coordinate activities within the Department leading to the development of policies, programs, and budgets, and their administration affecting Native Americans, and provide quarterly reports and recommendations to the Secretary; collect and disseminate information related to the social and economic conditions of Native Americans, and assist the Secretary in preparing an annual report to the Congress about such conditions; give preference to agencies described in section 2991b(a) of this title that are eligible for assistance under this subchapter, in entering into contracts for technical assistance, training, and evaluation under this subchapter; and encourage agencies that carry out projects under this subchapter, to give preference to Native Americans, in hiring and entering into contracts to carry out such projects.
(d) Intra-Departmental Council on Native American Affairs There is established in the Office of the Secretary the Intra-Departmental Council on Native American Affairs. The Commissioner shall be the chairperson of such Council and shall advise the Secretary on all matters affecting Native Americans that involve the Department. The Director of the Indian Health Service shall serve as vice chairperson of the Council. The membership of the Council shall be the heads of principal operating divisions within the Department, as determined by the Secretary, and such persons in the Office of the Secretary as the Secretary may designate. In addition to the duties described in subsection (c)(3), the Council shall, within 180 days following September 30, 1992 , prepare a plan, including legislative recommendations, to allow Tribal governments and other organizations described in section 2991b(a) of this title to consolidate grants administered by the Department and to designate a single office to oversee and audit the grants. Such plan shall be submitted to the committees of the Senate and the House of Representatives having jurisdiction over the Administration for Native Americans.
(e) Staffing levels The Secretary shall assure that adequate staff and administrative support is provided to carry out the purpose of this subchapter. In determining the staffing levels of the Administration, the Secretary shall consider among other factors the unmet needs of the Native American population, the need to provide adequate oversight and technical assistance to grantees, the need to carry out the activities of the Council, the additional reporting requirements established, and the staffing levels previously maintained in support of the Administration.
§ 2991b–3 Grant program to ensure survival and continuing vitality of Native American languages
(a) Authority to award grants The Secretary shall award a grant to any agency or organization that is— eligible for financial assistance under section 2991b(a) of this title ; and selected under subsection (c); to be used to assist Native Americans in ensuring the survival and continuing vitality of Native American languages.
(b) Purposes for which grants may be used The purposes for which each grant awarded under subsection (a) may be used include, but are not limited to— the establishment and support of a community Native American language project to bring older and younger Native Americans together to facilitate and encourage the transfer of Native American language skills from one generation to another; the establishment of a project to train Native Americans to teach a Native American language to others or to enable them to serve as interpreters or translators of such language; the development, printing, and dissemination of materials to be used for the teaching and enhancement of a Native American language; the establishment or support of a project to train Native Americans to produce or participate in a television or radio program to be broadcast in a Native American language; the compilation, transcription, and analysis of oral testimony to record and preserve a Native American language; the purchase of equipment (including audio and video recording equipment, computers, and software) required to conduct a Native American language project; and Native American language nests, which are site-based educational programs that— provide instruction and child care through the use of a Native American language for at least 5 children under the age of 7 for an average of at least 500 hours per year per student; provide classes in a Native American language for parents (or legal guardians) of students enrolled in a Native American language nest (including Native American language-speaking parents); and ensure that a Native American language is the dominant medium of instruction in the Native American language nest; Native American language survival schools, which are site-based educational programs for school-age students that— provide an average of at least 500 hours of instruction through the use of 1 or more Native American languages for at least 10 students for whom a Native American language survival school is their principal place of instruction; develop instructional courses and materials for learning Native American languages and for instruction through the use of Native American languages; provide for teacher training; work toward a goal of all students achieving— fluency in a Native American language; and academic proficiency in mathematics, reading (or language arts), and science; and are located in areas that have high numbers or percentages of Native American students; and Native American language restoration programs, which are educational programs that— operate at least 1 Native American language program for the community in which it serves; provide training programs for teachers of Native American languages; develop instructional materials for the programs; work toward a goal of increasing proficiency and fluency in at least 1 Native American language; provide instruction in at least 1 Native American language; and may use funds received under this section for— Native American language programs, such as Native American language immersion programs, Native American language and culture camps, Native American language programs provided in coordination and cooperation with educational entities, Native American language programs provided in coordination and cooperation with local universities and colleges, Native American language programs that use a master-apprentice model of learning languages, and Native American language programs provided through a regional program to better serve geographically dispersed students; Native American language teacher training programs, such as training programs in Native American language translation for fluent speakers, training programs for Native American language teachers, training programs for teachers in schools to utilize Native American language materials, tools, and interactive media to teach Native American language; and the development of Native American language materials, such as books, audio and visual tools, and interactive media programs.
(c) Applications For the purpose of making grants under subsection (a), the Secretary shall select applicants from among agencies and organizations described in such subsection on the basis of applications submitted to the Secretary at such time, in such form, and containing such information as the Secretary shall require, but each application shall include at a minimum— a detailed description of the current status of the Native American language to be addressed by the project for which a grant under subsection (a) is requested, including a description of existing programs and projects, if any, in support of such language; a detailed description of the project for which such grant is requested; a statement of objectives that are consonant with the purpose described in subsection (a); a detailed description of a plan to be carried out by the applicant to evaluate such project, consonant with the purpose for which such grant is made; if appropriate, an identification of opportunities for the replication of such project or the modification of such project for use by other Native Americans; a plan for the preservation of the products of the Native American language project for the benefit of future generations of Native Americans and other interested persons; and in the case of an application for a grant to carry out any purpose specified in subsection (b)(7)(B), a certification by the applicant that the applicant has not less than 3 years of experience in operating and administering a Native American language survival school, a Native American language nest, or any other educational program in which instruction is conducted in a Native American language.
(d) Participating organizations If a Tribal organization or other eligible applicant decides that the objectives of its proposed Native American language project would be accomplished more effectively through a partnership arrangement with a school, college, or university, the applicant shall identify such school, college, or university as a participating organization in the application submitted under subsection (c).
(e) Limitations on funding Notwithstanding any other provision of this subchapter, a grant made under subsection (a) may not be expended to pay more than 80 percent of the cost of the project that is assisted by such grant. Not less than 20 percent of such cost— shall be in cash or in kind, fairly evaluated, including plant, equipment, or services; and may be provided from any private or non-Federal source; and may include funds (including interest) distributed to a Tribe— by the Federal Government pursuant to the satisfaction of a claim made under Federal law; from funds collected and administered by the Federal Government on behalf of such Tribe or its constituent members; or by the Federal Government for general Tribal administration or Tribal development under a formula or subject to a Tribal budgeting priority system, such as, but not limited to, funds involved in the settlement of land or other judgment claims, severance or other royalty payments, or payments under the Indian Self-Determination Act ( 25 U.S.C. 450f et seq.) 1 or Tribal budget priority system. The Secretary may make grants made under subsection (a) on a 1-year, 2-year, 3-year, 4-year, or 5-year basis, except that grants made under such subsection for any purpose specified in subsection (b)(7) may be made only on a 3-year, 4-year, or 5-year basis.
(f) Administration The Secretary shall carry out this section through the Administration for Native Americans. Not later than 180 days after October 26, 1992 , the Secretary shall appoint a panel of experts for the purpose of assisting the Secretary to review— applications submitted under subsection (a); evaluations carried out to comply with subsection (c)(4); and the preservation of products required by subsection (c)(5). Such panel shall include, but not be limited to— a designee of the Institute of American Indian and Alaska Native Culture and Arts Development; a designee of the regional centers funded under section 3215 1 of title 20; representatives of national, Tribal, and regional organizations that focus on Native American language, or Native American cultural, 2 research, development, or training; and other individuals who are recognized for their expertise in the area of Native American language. Recommendations for appointment to such panel shall be solicited from Indian Tribes and Tribal organizations. The duties of such panel include— making recommendations regarding the development and implementation of regulations, policies, procedures, and rules of general applicability with respect to the administration of this section; reviewing applications received under subsection (c); providing to the Secretary a list of recommendations for the approval of such applications— in accordance with regulations issued by the Secretary; and the relative need for the project; and reviewing evaluations submitted to comply with subsection (c)(4). Subject to clause (ii), a copy of the products of the Native American language project for which a grant is made under subsection (a)— shall be transmitted to the Institute of American Indian and Alaska Native Culture and Arts Development; and may be transmitted, in the discretion of the grantee, to national and regional repositories of similar material; for preservation and use consonant with their respective responsibilities under other Federal law. Based on the Federal recognition of the sovereign authority of Indian Tribes over all aspects of their cultures and language and except as provided in clause (iii), an Indian Tribe may make a determination— not to transmit copies of such products under clause (i) or not to permit the redistribution of such copies; or to restrict in any manner the use or redistribution of such copies after transmission under such clause. Clause (ii) shall not be construed to authorize Indian Tribes— to limit the access of the Secretary to such products for purposes of administering this section or evaluating such products; or to sell such products, or copies of such products, for profit to the entities referred to in clause (i).
(g) Emergency grants for Native American language preservation and maintenance Not later than 180 days after the effective date of this subsection, the Secretary shall award grants to entities eligible to receive assistance under subsection (a)(1) to ensure the survival and continuing vitality of Native American languages during and after the public health emergency declared by the Secretary pursuant to section 247d of this title with respect to the COVID–19 pandemic.
§ 2991c Technical assistance and training
(a) In general The Commissioner shall provide, directly or through other arrangements— technical assistance to the public and private agencies in planning, developing, conducting, and administering projects under this subchapter; short-term in-service training for specialized or other personnel that is needed in connection with projects receiving financial assistance under this subchapter; and upon denial of a grant application, technical assistance to a potential grantee in revising a grant proposal.
(b) Priority In providing assistance under subsection (a), the Commissioner shall give priority to any application described in section 2991b(b)(2) of this title .
§ 2991d Research, demonstration, and pilot projects
(a) The Commissioner may provide financial assistance through grants or contracts for research, demonstration, or pilot projects conducted by public or private agencies which are designed to test or assist in the development of new approaches or methods that will aid in overcoming special problems or otherwise furthering the purposes of this subchapter.
(b) The Commissioner shall establish an overall plan to govern the approval of research, demonstration, and pilot projects and the use of all research authority under this subchapter. The plan shall set forth specific objectives to be achieved and priorities among such objectives.
§ 2991d–1 Panel review of applications for assistance
(a) Establishment of formal panel; members The Commissioner shall establish a formal panel review process for purposes of— evaluating applications for financial assistance under sections 2991b and 2991d of this title; and determining the relative merits of the projects for which such assistance is requested. To implement the process established under paragraph (1), the Commissioner shall appoint members of review panels from among individuals who are not officers or employees of the Administration for Native Americans. In making appointments to such panels, the Commissioner shall give preference to American Indians, Native Hawaiians, other Native American Pacific Islanders (including American Samoan Natives), and Alaska Natives.
(b) Duties of panel Each review panel appointed under subsection (a)(2) that reviews any application for financial assistance shall— determine the merit of each project described in such application; rank such application with respect to all other applications it reviews for the fiscal year involved, according to the relative merit of all of the projects that are described in such application and for which financial assistance is requested; and submit to the Commissioner a list that identifies all applications reviewed by such panel and arranges such applications according to rank determined under paragraph (2).
(c) Notice to Congressional committee chairman; information required Upon the request of the chairman of the Committee on Indian Affairs of the Senate or of the chairman of the Committee on Education and Labor of the House of Representatives made with respect to any application for financial assistance under section 2991b or 2991d of this title, the Commissioner shall transmit to the chairman written notice— identifying such application; containing a copy of the list submitted to the Commissioner under subsection (b)(3) in which such application is ranked; specifying which other applications ranked in such list have been approved by the Commissioner under sections 2991b and 2991d of this title; and if the Commissioner has not approved each application superior in merit, as indicated on such list, to the application with respect to which such notice is transmitted, containing a statement of the reasons relied upon by the Commissioner for— approving the application with respect to which such notice is transmitted; and failing to approve each pending application that is superior in merit, as indicated on such list, to the application described in subparagraph (A).
§ 2991e Announcement of research, demonstration, or pilot projects
(a) The Commissioner shall make a public announcement concerning— the title, purpose, intended completion date, identity of the grantee or contractor, and proposed cost of any grant or contract with a private or non-Federal public agency for a research, demonstration, or pilot project; and except in cases in which the Commissioner determines that it would not be consistent with the purposes of this subchapter, the results, findings, data, or recommendations made or reported as a result of such activities.
(b) The public announcements required by subsection (a) shall be made within thirty days of making such grants or contracts, and the public announcements required by subsection (b) of this section shall be made within thirty days of the receipt of such results.
§ 2991f Submission of plans to State and local officials
(a) Submission to governing body of Indian reservation or Alaska Native village No financial assistance may be provided to any project under section 2991b of this title or any research, demonstration, or pilot project under section 2991d of this title , which is to be carried out on or in an Indian reservation or Alaska Native village, unless a plan setting forth the project has been submitted to the governing body of that reservation or village and the plan has not been disapproved by the governing body within thirty days of its submission.
(b) Notification to chief executive officer of State or Territory No financial assistance may be provided to any project under section 2991b of this title or any research, demonstration, or pilot project under section 2991d of this title , which is to be carried out in a State or Territory other than on or in an Indian reservation or Alaska Native village or Hawaiian Homestead, unless the Commissioner has notified the chief executive officer of the State or Territory of the decision of the Commissioner to provide that assistance.
(c) Notification to local governing officials of political subdivision No financial assistance may be provided to any project under section 2991b of this title or any research, demonstration, or pilot project under section 2991d of this title , which is to be carried out in a city, county, or other major political subdivision of a State or Territory, other than on or in an Indian reservation or Alaska Native village, or Hawaiian Homestead, unless the Commissioner has notified the local governing officials of the political subdivision of the decision of the Commissioner to provide that assistance.
§ 2991g Records and audits
(a) Each agency which receives financial assistance under this subchapter shall keep such records as the Commissioner may prescribe, including records which fully disclose the amount and disposition by that agency of such financial assistance, the total cost of the project in connection with which such financial assistance is given or used, the amount of that portion of the cost of the project supplied by other sources, and such other records as will facilitate an effective audit.
(b) The Commissioner and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of any agency which receives financial assistance under this subchapter that are pertinent to the financial assistance received under this subchapter.
§ 2991h Appeals, notice, and hearing
(a) The Commissioner shall prescribe procedures to assure that— financial assistance under this subchapter shall not be suspended, except in emergency situations, unless the assisted agency has been given reasonable notice and opportunity to show cause why such action should not be taken; and financial assistance under this subchapter shall not be terminated, and application for refunding shall not be denied, and a suspension of financial assistance shall not be continued for longer than thirty days, unless the assisted agency has been afforded reasonable notice and opportunity for a full and fair hearing.
(b) If an application is rejected on the grounds that the applicant is ineligible or that activities proposed by the applicant are ineligible for funding, the applicant may appeal to the Secretary, not later than 30 days after the date of receipt of notification of such rejection, for a review of the grounds for such rejection. On appeal, if the Secretary finds that an applicant is eligible or that its proposed activities are eligible, such eligibility shall not be effective until the next cycle of grant proposals are considered by the Administration.
§ 2992 Evaluation of projects
(a) Description and measurement of project impact, effectiveness, and structure and mechanisms for delivery of services; frequency of evaluations The Commissioner shall provide, directly or through grants or contracts, for the evaluation of projects assisted under this subchapter including evaluations that describe and measure the impact of such projects, their effectiveness in achieving stated goals, their impact on related programs, and their structure and mechanisms for delivery of services, including, where appropriate, comparisons with appropriate control groups composed of persons who have not participated in such projects. Evaluations shall be conducted by persons not directly involved in the administration of the program or project evaluated. The projects assisted under this subchapter shall be evaluated in accordance with this section not less frequently than at 3-year intervals.
(b) General standards for evaluation Prior to obligating funds for the programs and projects covered by this subchapter with respect to fiscal year 1976, the Commissioner shall develop and publish general standards for evaluation of program and project effectiveness in achieving the objectives of this subchapter. The extent to which such standards have been met shall be considered in deciding whether to renew or supplement financial assistance authorized under this subchapter.
(c) Independent evaluations In carrying out evaluations under this subchapter, the Commissioner may require agencies which receive assistance under this subchapter to provide for independent evaluations.
(d) Specificity of views In carrying out evaluations under this subchapter, the Commissioner shall, whenever feasible, arrange to obtain the specific views of persons participating in and served by programs and projects assisted under this subchapter about such programs and projects.
(e) Publication of results; submission to Congress The Commissioner shall publish the results of evaluative research and summaries of evaluations of program and project impact and effectiveness not later than ninety days after the completion thereof. The Commissioner shall submit to the appropriate committees of the Congress copies of all such research studies and evaluation summaries.
(f) Evaluation results as United States property The Commissioner shall take the necessary action to assure that all studies, evaluations, proposals, and data produced or developed with assistance under this subchapter shall become the property of the United States.
§ 2992–1 Annual report
The Secretary shall, not later than January 31 of each year, prepare and transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives an annual report on the social and economic conditions of American Indians, Native Hawaiians, other Native American Pacific Islanders (including American Samoan Natives), and Alaska Natives, together with such recommendations to Congress as the Secretary considers to be appropriate. ( Pub. L. 88–452, title VIII, § 811A , as added Pub. L. 102–375, title VIII, § 822(12) , Sept. 30, 1992 , 106 Stat. 1299 .)
§ 2992a Labor standards
All laborers and mechanics employed by contractors or subcontractors in the construction, alteration, or repair, including painting or decorating, of buildings or other facilities in connection with projects assisted under this subchapter, shall be paid wages at rates not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor in accordance with sections 3141–3144, 3146, and 3147 of title 40. The Secretary of Labor shall have, with respect to such labor standards, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950, and section 3145 of title 40 . ( Pub. L. 88–452, title VIII, § 812 , formerly § 811, as added Pub. L. 93–644, § 11 , Jan. 4, 1975 , 88 Stat. 2327 ; renumbered § 812, Pub. L. 100–175, title V, § 502(3) , Nov. 29, 1987 , 101 Stat. 973 .)
§ 2992a–1 Staff
In all personnel actions of the Administration, preference shall be given to individuals who are eligible for assistance under this subchapter. Such preference shall be implemented in the same fashion as the preference given to veterans referred to in section 2108(3)(C) of title 5 . The Commissioner shall take such additional actions as may be necessary to promote recruitment of such individuals for employment in the Administration. ( Pub. L. 88–452, title VIII, § 812A , as added Pub. L. 102–375, title VIII, § 822(13) , Sept. 30, 1992 , 106 Stat. 1299 .)
§ 2992b Administration
Nothing in this subchapter shall be construed to prohibit interagency funding agreements made between the Administration and other agencies of the Federal Government for the development and implementation of specific grants or projects. ( Pub. L. 88–452, title VIII, § 813 , as added Pub. L. 102–375, title VIII, § 822(14) , Sept. 30, 1992 , 106 Stat. 1299 .)
§ 2992b–1 Additional requirements applicable to rulemaking
(a) In general Notwithstanding subsection (a) of section 553 of title 5 , and except as otherwise provided in this section, such section 553 shall apply with respect to the establishment and general operation of any program that provides loans, grants, benefits, or contracts authorized by this subchapter.
(b) Interpretative rule or general statement of policy; waiver of notice and public procedure regarding any other rule Subparagraph (A) of the last sentence of section 553(b) of title 5 shall not apply with respect to any interpretative rule or general statement of policy— proposed under this subchapter; or applicable exclusively to any program, project, or activity authorized by, or carried out under, this subchapter. Subparagraph (B) of the last sentence of section 553(b) of title 5 , shall not apply with respect to any rule (other than an interpretative rule or a general statement of policy)— proposed under this subchapter; or applicable exclusively to any program, project, or activity authorized by, or carried out under, this subchapter. The first 2 sentences of section 553(b) of title 5 shall apply with respect to any rule (other than an interpretative rule, a general statement of policy, or a rule of agency organization, procedure, or practice) that is— proposed under this subchapter; or applicable exclusively to any program, project, or activity authorized by, or carried out under, this subchapter; unless the Secretary for good cause finds (and incorporates the finding and a brief statement of the reasons therefor in such rule) that notice and public procedure thereon are contrary to the public interest or would impair the effective administration of any program, project, or activity with respect to which such rule is issued.
(c) Effective date of rule or general statement of policy Notwithstanding section 553(d) of title 5 , no rule (including an interpretative rule) or general statement of policy that— is issued to carry out this subchapter; or applies exclusively to any program, project, or activity authorized by, or carried out under, this subchapter; may take effect until 30 days after the publication required under the first 2 sentences of section 553(b) of title 5 .
(d) Statutory citation required Each rule (including an interpretative rule) and each general statement of policy to which this section applies shall contain after each of its sections, paragraphs, or similar textual units a citation to the particular provision of statutory or other law that is the legal authority for such section, paragraph, or unit.
(e) Rule or general statement of policy necessary as result of legislation; time for issuance Except as provided in subsection (c), if as a result of the enactment of any law affecting the administration of this subchapter it is necessary or appropriate for the Secretary to issue any rule (including any interpretative rule) or a general statement of policy, the Secretary shall issue such rule or such general statement of policy not later than 180 days after the date of the enactment of such law.
(f) Copy of rule or general statement of policy to Congressional leaders Whenever an agency publishes in the Federal Register a rule (including an interpretative rule) or a general statement of policy to which subsection (c) applies, such agency shall transmit a copy of such rule or such general statement of policy to the Speaker of the House of Representatives and the President pro tempore of the Senate.
§ 2992c Definitions
As used in this subchapter, the term— “average” means the aggregate number of hours of instruction through the use of a Native American language to all students enrolled in a native language immersion program during a school year divided by the total number of students enrolled in the immersion program; “financial assistance” includes assistance advanced by grant, agreement, or contract, but does not include the procurement of plant or equipment, or goods or services; “Indian reservation or Alaska Native village” includes the reservation of any federally or State recognized Indian Tribe, including any band, nation, pueblo, or rancheria, any former reservation in Oklahoma, and community under the jurisdiction of an Indian Tribe, including a band, nation, pueblo, or rancheria, with allotted lands or lands subject to a restriction against alienation imposed by the United States or a State, and any lands of or under the jurisdiction of an Alaska Native village or group, including any lands selected by Alaska Natives or Alaska Native organizations under the Alaska Native Claims Settlement Act [ 43 U.S.C. 1601 et seq.]; “Native Hawaiian” means any individual any of whose ancestors were natives of the area which consists of the Hawaiian Islands prior to 1778; the term “rule” has the meaning given it in section 551(4) of title 5 , as amended from time to time; “Secretary” means the Secretary of Health and Human Services; and the term “Native American Pacific Islander” means an individual who is indigenous to a United States territory or possession located in the Pacific Ocean, and includes such individual while residing in the United States. ( Pub. L. 88–452, title VIII, § 815 , formerly § 813, as added Pub. L. 93–644, § 11 , Jan. 4, 1975 , 88 Stat. 2327 ; amended Pub. L. 98–558, title X, § 1004 , Oct. 30, 1984 , 98 Stat. 2906 ; renumbered § 815 and amended Pub. L. 100–175, title V , §§ 502(2), 503(b), Nov. 29, 1987 , 101 Stat. 973 , 975; Pub. L. 102–375, title VIII, § 822(21) , Sept. 30, 1992 , 106 Stat. 1300 ; Pub. L. 102–497, § 9(b) , Oct. 24, 1992 , 106 Stat. 3257 ; Pub. L. 103–171, § 5(6) , Dec. 2, 1993 , 107 Stat. 1992 ; Pub. L. 109–394, § 3 , Dec. 14, 2006 , 120 Stat. 2707 ; Pub. L. 116–261, § 5(d)(1) , Dec. 30, 2020 , 134 Stat. 3314 .)
§ 2992d Authorization of appropriations
(a) There are authorized to be appropriated for the purpose of carrying out the provisions of this subchapter (other than sections 2991b(e), 2991b–1, 2991b–3 of this title, subsection (d) of this section, and any other provision of this subchapter for which there is an express authorization of appropriations), $34,000,000 for each of fiscal years 2021 through 2025.
(b) Not less than 90 per centum of the funds made available to carry out the provisions of this subchapter (other than sections 2991b(e), 2991b–1, 2991b–3, 2991c of this title, subsection (d) of this section, and any other provision of this subchapter for which there is an express authorization of appropriations) for a fiscal year shall be expended to carry out section 2991b(a) of this title for such fiscal year.
(c) There is authorized to be appropriated $8,000,000 for each of fiscal years 1999, 2000, 2001, and 2002, for the purpose of carrying out the provisions of section 2991b(e) of this title .
(d) For fiscal year 1994, there are authorized to be appropriated such sums as may be necessary for the purpose of— establishing demonstration projects to conduct research related to Native American studies and Indian policy development; and continuing the development of a detailed plan, based in part on the results of the projects, for the establishment of a National Center for Native American Studies and Indian Policy Development. Such a plan shall be delivered to the Congress not later than 30 days after September 30, 1992 .
(e) There are authorized to be appropriated to carry out section 2991b–3 of this title $13,000,000 for each of fiscal years 2020 through 2024.
(f) In addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of any money in the Treasury not otherwise appropriated, $20,000,000 to remain available until expended, to carry out section 2291b–3(g) of this title .
§§ 2993 to 2993b Repealed. Pub. L. 93–113, title VI, § 603, Oct. 1, 1973, 87 Stat. 417
§§ 2994 to 2994d Repealed. Pub. L. 93–113, title VI, § 603, Oct. 1, 1973, 87 Stat. 417
§§ 2995 to 2995c Repealed. Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519
§ 2995d Omitted
§ 2996 Congressional findings and declaration of purpose
The Congress finds and declares that— there is a need to provide equal access to the system of justice in our Nation for individuals who seek redress of grievances; there is a need to provide high quality legal assistance to those who would be otherwise unable to afford adequate legal counsel and to continue the present vital legal services program; providing legal assistance to those who face an economic barrier to adequate legal counsel will serve best the ends of justice and assist in improving opportunities for low-income persons consistent with the purposes of this chapter; for many of our citizens, the availability of legal services has reaffirmed faith in our government of laws; to preserve its strength, the legal services program must be kept free from the influence of or use by it of political pressures; and attorneys providing legal assistance must have full freedom to protect the best interests of their clients in keeping with the Code of Professional Responsibility, the Canons of Ethics, and the high standards of the legal profession. ( Pub. L. 88–452, title X, § 1001 , as added Pub. L. 93–355, § 2 , July 25, 1974 , 88 Stat. 378 ; amended Pub. L. 95–222, § 2 , Dec. 28, 1977 , 91 Stat. 1619 .)
§ 2996a Definitions
As used in this subchapter, the term— “Board” means the Board of Directors of the Legal Services Corporation; “Corporation” means the Legal Services Corporation established under this subchapter; “eligible client” means any person financially unable to afford legal assistance; “Governor” means the chief executive officer of a State; “legal assistance” means the provision of any legal services consistent with the purposes and provisions of this subchapter; “recipient” means any grantee, contractee, or recipient of financial assistance described in clause (A) of section 2996e(a)(1) of this title ; “staff attorney” means an attorney who receives more than one-half of his annual professional income from a recipient organized solely for the provision of legal assistance to eligible clients under this subchapter; and “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States. ( Pub. L. 88–452, title X, § 1002 , as added Pub. L. 93–355, § 2 , July 25, 1974 , 88 Stat. 378 .)
§ 2996b Legal Services Corporation
(a) Establishment; purpose There is established in the District of Columbia a private nonmembership nonprofit corporation, which shall be known as the Legal Services Corporation, for the purpose of providing financial support for legal assistance in noncriminal proceedings or matters to persons financially unable to afford legal assistance.
(b) Principal office; agent for service of process The Corporation shall maintain its principal office in the District of Columbia and shall maintain therein a designated agent to accept service of process for the Corporation. Notice to or service upon the agent shall be deemed notice to or service upon the Corporation.
(c) Status of Corporation under tax laws The Corporation, and any legal assistance program assisted by the Corporation, shall be eligible to be treated as an organization described in section 170(c)(2)(B) of title 26 and as an organization described in section 501(c)(3) of title 26 which is exempt from taxation under section 501(a) of title 26 . If such treatments are conferred in accordance with the provisions of title 26, the Corporation, and legal assistance programs assisted by the Corporation, shall be subject to all provisions of title 26 relevant to the conduct of organizations exempt from taxation.
§ 2996c Board of Directors
(a) Establishment; membership The Corporation shall have a Board of Directors consisting of eleven voting members appointed by the President, by and with the advice and consent of the Senate, no more than six of whom shall be of the same political party. A majority shall be members of the bar of the highest court of any State, and none shall be a full-time employee of the United States. Effective with respect to appointments made after December 28, 1977 , but not later than July 31, 1978 , the membership of the Board shall be appointed so as to include eligible clients, and to be generally representative of the organized bar, attorneys providing legal assistance to eligible clients, and the general public.
(b) Term of office The term of office of each member of the Board shall be three years, except that five of the members first appointed, as designated by the President at the time of appointment, shall serve for a term of two years. Each member of the Board shall continue to serve until the successor to such member has been appointed and qualified. The term of initial members shall be computed from the date of the first meeting of the Board. The term of each member other than initial members shall be computed from the date of termination of the preceding term. Any member appointed to fill a vacancy occurring prior to the expiration of the term for which such member’s predecessor was appointed shall be appointed for the remainder of such term. No member shall be reappointed to more than two consecutive terms immediately following such member’s initial term.
(c) Board members not deemed officers or employees of United States The members of the Board shall not, by reason of such membership, be deemed officers or employees of the United States.
(d) Chairman The President shall select from among the voting members of the Board a chairman, who shall serve for a term of three years. Thereafter the Board shall annually elect a chairman from among its voting members.
(e) Removal A member of the Board may be removed by a vote of seven members for malfeasance in office or for persistent neglect of or inability to discharge duties, or for offenses involving moral turpitude, and for no other cause.
(f) State advisory councils Within six months after the first meeting of the Board, the Board shall request the Governor of each State to appoint a nine-member advisory council for such State. A majority of the members of the advisory council shall be appointed, after recommendations have been received from the State bar association, from among the attorneys admitted to practice in the State, and the membership of the council shall be subject to annual reappointment. If ninety days have elapsed without such an advisory council appointed by the Governor, the Board is authorized to appoint such a council. The advisory council shall be charged with notifying the Corporation of any apparent violation of the provisions of this subchapter and applicable rules, regulations, and guidelines promulgated pursuant to this subchapter. The advisory council shall, at the same time, furnish a copy of the notification to any recipient affected thereby, and the Corporation shall allow such recipient a reasonable time (but in no case less than thirty days) to reply to any allegation contained in the notification.
(g) Open meetings; applicability of Government in the Sunshine provisions All meetings of the Board, of any executive committee of the Board, and of any advisory council established in connection with this subchapter shall be open and shall be subject to the requirements and provisions of section 552b of title 5 (relating to open meetings).
(h) Quarterly meetings The Board shall meet at least four times during each calendar year.
§ 2996d Officers and employees
(a) Appointment of president; outside compensation of officers prohibited; terms The Board shall appoint the president of the Corporation, who shall be a member of the bar of the highest court of a State and shall be a non-voting ex officio member of the Board, and such other officers as the Board determines to be necessary. No officer of the Corporation may receive any salary or other compensation for services from any source other than the Corporation during his period of employment by the Corporation, except as authorized by the Board. All officers shall serve at the pleasure of the Board.
(b) Power of president to appoint and remove employees; nonpartisan appointments The president of the Corporation, subject to general policies established by the Board, may appoint and remove such employees of the Corporation as he determines necessary to carry out the purposes of the Corporation. No political test or political qualification shall be used in selecting, appointing, promoting, or taking any other personnel action with respect to any officer, agent, or employee of the Corporation or of any recipient, or in selecting or monitoring any grantee, contractor, or person or entity receiving financial assistance under this subchapter.
(c) Conflict of interest No member of the Board may participate in any decision, action, or recommendation with respect to any matter which directly benefits such member or pertains specifically to any firm or organization with which such member is then associated or has been associated within a period of two years.
(d) Compensation Officers and employees of the Corporation shall be compensated at rates determined by the Board, but not in excess of the rate of level V of the Executive Schedule specified in section 5316 of title 5 .
(e) Officers and employees not deemed officers and employees of Federal Government; Corporation not deemed a department, agency, or instrumentality of Federal Government; review of annual budget Except as otherwise specifically provided in this subchapter, officers and employees of the Corporation shall not be considered officers or employees, and the Corporation shall not be considered a department, agency, or instrumentality, of the Federal Government. Nothing in this subchapter shall be construed as limiting the authority of the Office of Management and Budget to review and submit comments upon the Corporation’s annual budget request at the time it is transmitted to the Congress.
(f) Exceptions Officers and employees of the Corporation shall be considered officers and employees of the Federal Government for purposes of the following provisions of title 5: subchapter I of chapter 81 (relating to compensation for work injuries); chapter 83 (relating to civil service retirement); chapter 87 (relating to life insurance); and chapter 89 (relating to health insurance). The Corporation shall make contributions at the same rates applicable to agencies of the Federal Government under the provisions referred to in this subsection.
(g) Freedom of information The Corporation and its officers and employees shall be subject to the provisions of section 552 of title 5 (relating to freedom of information).
§ 2996e Powers, duties, and limitations
(a) Powers of nonprofit corporation; additional powers To the extent consistent with the provisions of this subchapter, the Corporation shall exercise the powers conferred upon a nonprofit corporation by the District of Columbia Nonprofit Corporation Act (except for section 1005( o ) of title 29 of the District of Columbia Code). In addition, the Corporation is authorized— to provide financial assistance to qualified programs furnishing legal assistance to eligible clients, and to make grants to and contracts with— individuals, partnerships, firms, corporations, and nonprofit organizations, and State and local governments (only upon application by an appropriate State or local agency or institution and upon a special determination by the Board that the arrangements to be made by such agency or institution will provide services which will not be provided adequately through non-governmental arrangements), for the purpose of providing legal assistance to eligible clients under this subchapter, and (B) to make such other grants and contracts as are necessary to carry out the purposes and provisions of this subchapter; to accept in the name of the Corporation, and employ or dispose of in furtherance of the purposes of this subchapter, any money or property, real, personal, or mixed, tangible or intangible, received by gift, devise, bequest, or otherwise; and to undertake directly, or by grant or contract, the following activities relating to the delivery of legal assistance— research, except that broad general legal or policy research unrelated to representation of eligible clients may not be undertaken by grant or contract, training and technical assistance, and to serve as a clearinghouse for information.
(b) Disciplinary powers; representational questions; interference with professional responsibilities of attorneys; bar membership; restrictions; languages other than English The Corporation shall have authority to insure the compliance of recipients and their employees with the provisions of this subchapter and the rules, regulations, and guidelines promulgated pursuant to this subchapter, and to terminate, after a hearing in accordance with section 2996j of this title , financial support to a recipient which fails to comply. No question of whether representation is authorized under this subchapter, or the rules, regulations or guidelines promulgated pursuant to this subchapter, shall be considered in, or affect the final disposition of, any proceeding in which a person is represented by a recipient or an employee of a recipient. A litigant in such a proceeding may refer any such question to the Corporation which shall review and dispose of the question promptly, and take appropriate action. This subparagraph shall not preclude judicial review available under applicable law. If a recipient finds that any of its employees has violated or caused the recipient to violate the provisions of this subchapter or the rules, regulations, and guidelines promulgated pursuant to this subchapter, the recipient shall take appropriate remedial or disciplinary action in accordance with the types of procedures prescribed in the provisions of section 2996j of this title . The Corporation shall not, under any provision of this subchapter, interfere with any attorney in carrying out his professional responsibilities to his client as established in the Canons of Ethics and the Code of Professional Responsibility of the American Bar Association (referred to collectively in this subchapter as “professional responsibilities”) or abrogate as to attorneys in programs assisted under this subchapter the authority of a State or other jurisdiction to enforce the standards of professional responsibility generally applicable to attorneys in such jurisdiction. The Corporation shall ensure that activities under this subchapter are carried out in a manner consistent with attorneys’ professional responsibilities. No attorney shall receive any compensation, either directly or indirectly, for the provision of legal assistance under this subchapter unless such attorney is admitted or otherwise authorized by law, rule, or regulation to practice law or provide such assistance in the jurisdiction where such assistance is initiated. The Corporation shall insure that (A) no employee of the Corporation or of any recipient (except as permitted by law in connection with such employee’s own employment situation), while carrying out legal assistance activities under this subchapter, engage in, or encourage others to engage in, any public demonstration or picketing, boycott, or strike; and (B) no such employee shall, at any time, engage in, or encourage others to engage in, any of the following activities: (i) any rioting or civil disturbance, (ii) any activity which is in violation of an outstanding injunction of any court of competent jurisdiction, (iii) any other illegal activity, or (iv) any intentional identification of the Corporation or any recipient with any political activity prohibited by section 2996f(a)(6) of this title . The Board, within ninety days after its first meeting, shall issue rules and regulations to provide for the enforcement of this paragraph and section 2996f(a)(5) of this title , which rules shall include, among available remedies, provisions, in accordance with the types of procedures prescribed in the provisions of section 2996j of this title , for suspension of legal assistance supported under this subchapter, suspension of an employee of the Corporation or of any employee of any recipient by such recipient, and, after consideration of other remedial measures and after a hearing in accordance with section 2996j of this title , the termination of such assistance or employment, as deemed appropriate for the violation in question. In areas where significant numbers of eligible clients speak a language other than English as their principal language, the Corporation shall, to the extent feasible, provide that their principal language is used in the provision of legal assistance to such clients under this subchapter.
(c) Participation in litigation; lobbying activities The Corporation shall not itself— participate in litigation unless the Corporation or a recipient of the Corporation is a party, or a recipient is representing an eligible client in litigation in which the interpretation of this subchapter or a regulation promulgated under this subchapter is an issue, and shall not participate on behalf of any client other than itself; or undertake to influence the passage or defeat of any legislation by the Congress of the United States or by any State or local legislative bodies, except that personnel of the Corporation may testify or make other appropriate communication (A) when formally requested to do so by a legislative body, a committee, or a member thereof, or (B) in connection with legislation or appropriations directly affecting the activities of the Corporation.
(d) Miscellaneous prohibitions The Corporation shall have no power to issue any shares of stock, or to declare or pay any dividends. No part of the income or assets of the Corporation shall inure to the benefit of any director, officer, or employee, except as reasonable compensation for services or reimbursement for expenses. Neither the Corporation nor any recipient shall contribute or make available corporate funds or program personnel or equipment to any political party or association, or the campaign of any candidate for public or party office. Neither the Corporation nor any recipient shall contribute or make available corporate funds or program personnel or equipment for use in advocating or opposing any ballot measures, initiatives, or referendums. However, an attorney may provide legal advice and representation as an attorney to any eligible client with respect to such client’s legal rights. No class action suit, class action appeal, or amicus curiae class action may be undertaken, directly or through others, by a staff attorney, except with the express approval of a project director of a recipient in accordance with policies established by the governing body of such recipient. Attorneys employed by a recipient shall be appointed to provide legal assistance without reasonable compensation only when such appointment is made pursuant to a statute, rule, or practice applied generally to attorneys practicing in the court where the appointment is made.
(e) Political activities of Corporation employees and staff attorneys Employees of the Corporation or of recipients shall not at any time intentionally identify the Corporation or the recipient with any partisan or nonpartisan political activity associated with a political party or association, or the campaign of any candidate for public or party office. Employees of the Corporation and staff attorneys shall be deemed to be State or local employees for purposes of chapter 15 of title 5, except that no staff attorney may be a candidate in a partisan political election.
(f) Harassment; malicious abuse of legal process If an action is commenced by the Corporation or by a recipient and a final order is entered in favor of the defendant and against the Corporation or a recipient’s plaintiff, the court shall, upon motion by the defendant and upon a finding by the court that the action was commenced or pursued for the sole purpose of harassment of the defendant or that the Corporation or a recipient’s plaintiff maliciously abused legal process, enter an order (which shall be appealable before being made final) awarding reasonable costs and legal fees incurred by the defendant in defense of the action, except when in contravention of a State law, a rule of court, or a statute of general applicability. Any such costs and fees shall be directly paid by the Corporation.
§ 2996f Grants and contracts
(a) Requisites With respect to grants or contracts in connection with the provision of legal assistance to eligible clients under this subchapter, the Corporation shall— insure the maintenance of the highest quality of service and professional standards, the preservation of attorney-client relationships, and the protection of the integrity of the adversary process from any impairment in furnishing legal assistance to eligible clients; establish, in consultation with the Director of the Office of Management and Budget and with the Governors of the several States, maximum income levels (taking into account family size, urban and rural differences, and substantial cost-of-living variations) for individuals eligible for legal assistance under this subchapter; establish guidelines to insure that eligibility of clients will be determined by recipients on the basis of factors which include— the liquid assets and income level of the client, the fixed debts, medical expenses, and other factors which affect the client’s ability to pay, the cost of living in the locality, and such other factors as relate to financial inability to afford legal assistance, which may include evidence of a prior determination that such individual’s lack of income results from refusal or unwillingness, without good cause, to seek or accept an employment situation; and insure that (i) recipients, consistent with goals established by the Corporation, adopt procedures for determining and implementing priorities for the provision of such assistance, taking into account the relative needs of eligible clients for such assistance (including such outreach, training, and support services as may be necessary), including particularly the needs for service on the part of significant segments of the population of eligible clients with special difficulties of access to legal services or special legal problems (including elderly and handicapped individuals); and (ii) appropriate training and support services are provided in order to provide such assistance to such significant segments of the population of eligible clients; insure that grants and contracts are made so as to provide the most economical and effective delivery of legal assistance to persons in both urban and rural areas; insure that attorneys employed full time in legal assistance activities supported in major part by the Corporation refrain from (A) any compensated outside practice of law, and (B) any uncompensated outside practice of law except as authorized in guidelines promulgated by the Corporation; insure that no funds made available to recipients by the Corporation shall be used at any time, directly or indirectly, to influence the issuance, amendment, or revocation of any executive order or similar promulgation by any Federal, State, or local agency, or to undertake to influence the passage or defeat of any legislation by the Congress of the United States, or by any State or local legislative bodies, or State proposals by initiative petition, except where— representation by an employee of a recipient for any eligible client is necessary to the provision of legal advice and representation with respect to such client’s legal rights and responsibilities (which shall not be construed to permit an attorney or a recipient employee to solicit a client, in violation of professional responsibilities, for the purpose of making such representation possible); or a governmental agency, legislative body, a committee, or a member thereof— requests personnel of the recipient to testify, draft, or review measures or to make representations to such agency, body, committee, or member, or is considering a measure directly affecting the activities under this subchapter of the recipient or the Corporation. insure that all attorneys engaged in legal assistance activities supported in whole or in part by the Corporation refrain, while so engaged, from— any political activity, or any activity to provide voters or prospective voters with transportation to the polls or provide similar assistance in connection with an election (other than legal advice and representation), or any voter registration activity (other than legal advice and representation); require recipients to establish guidelines, consistent with regulations promulgated by the Corporation, for a system for review of appeals to insure the efficient utilization of resources and to avoid frivolous appeals (except that such guidelines or regulations shall in no way interfere with attorneys’ professional responsibilities); insure that recipients solicit the recommendations of the organized bar in the community being served before filling staff attorney positions in any project funded pursuant to this subchapter and give preference in filling such positions to qualified persons who reside in the community to be served; insure that every grantee, contractor, or person or entity receiving financial assistance under this subchapter or predecessor authority under this chapter which files with the Corporation a timely application for refunding is provided interim funding necessary to maintain its current level of activities until (A) the application for refunding has been approved and funds pursuant thereto received, or (B) the application for refunding has been finally denied in accordance with section 2996j of this title ; insure that all attorneys, while engaged in legal assistance activities supported in whole or in part by the Corporation, refrain from the persistent incitement of litigation and any other activity prohibited by the Canons of Ethics and Code of Professional Responsibility of the American Bar Association, and insure that such attorneys refrain from personal representation for a private fee in any cases in which they were involved while engaged in such legal assistance activities; and ensure that an indigent individual whose primary residence is subject to civil forfeiture is represented by an attorney for the Corporation in such civil action.
(b) Limitations on uses No funds made available by the Corporation under this subchapter, either by grant or contract, may be used— to provide legal assistance (except in accordance with guidelines promulgated by the Corporation) with respect to any fee-generating case (which guidelines shall not preclude the provision of legal assistance in cases in which a client seeks only statutory benefits and appropriate private representation is not available); to provide legal assistance with respect to any criminal proceeding, except to provide assistance to a person charged with an offense in an Indian tribal court; to provide legal assistance in civil actions to persons who have been convicted of a criminal charge where the civil action arises out of alleged acts or failures to act and the action is brought against an officer of the court or against a law enforcement official for the purpose of challenging the validity of the criminal conviction; for any of the political activities prohibited in paragraph (6) of subsection (a) of this section; to make grants to or enter into contracts with any private law firm which expends 50 percent or more of its resources and time litigating issues in the broad interests of a majority of the public; to support or conduct training programs for the purpose of advocating particular public policies or encouraging political activities, labor or antilabor activities, boycotts, picketing, strikes, and demonstrations, as distinguished from the dissemination of information about such policies or activities, except that this provision shall not be construed to prohibit the training of attorneys or paralegal personnel necessary to prepare them to provide adequate legal assistance to eligible clients; to initiate the formation, or act as an organizer, of any association, federation, or similar entity, except that this paragraph shall not be construed to prohibit the provision of legal assistance to eligible clients; to provide legal assistance with respect to any proceeding or litigation which seeks to procure a nontherapeutic abortion or to compel any individual or institution to perform an abortion, or assist in the performance of an abortion, or provide facilities for the performance of an abortion, contrary to the religious beliefs or moral convictions of such individual or institution; to provide legal assistance with respect to any proceeding or litigation relating to the desegregation of any elementary or secondary school or school system, except that nothing in this paragraph shall prohibit the provision of legal advice to an eligible client with respect to such client’s legal rights and responsibilities; to provide legal assistance with respect to any proceeding or litigation arising out of a violation of the Military Selective Service Act [ 50 U.S.C. 3801 et seq.] or of desertion from the Armed Forces of the United States, except that legal assistance may be provided to an eligible client in a civil action in which such client alleges that he was improperly classified prior to July 1, 1973 , under the Military Selective Service Act or prior corresponding law; or to provide legal assistance in a manner inconsistent with the Assisted Suicide Funding Restriction Act of 1997 [ 42 U.S.C. 14401 et seq.].
(c) Recipient organizations In making grants or entering into contracts for legal assistance, the Corporation shall insure that any recipient organized solely for the purpose of providing legal assistance to eligible clients is governed by a body at least 60 percent of which consists of attorneys who are members of the bar of a State in which the legal assistance is to be provided (except that the Corporation (1) shall, upon application, grant waivers to permit a legal services program, supported under section 2809(a)(3) 1 of this title, which on July 25, 1974 , has a majority of persons who are not attorneys on its policy-making board to continue such a non-attorney majority under the provisions of this subchapter, and (2) may grant, pursuant to regulations issued by the Corporation, such a waiver for recipients which, because of the nature of the population they serve, are unable to comply with such requirement) and at least one-third of which consists of persons who are, when selected, eligible clients who may also be representatives of associations or organizations of eligible clients. Any such attorney, while serving on such board, shall not receive compensation from a recipient.
(d) Program evaluation The Corporation shall monitor and evaluate and provide for independent evaluations of programs supported in whole or in part under this subchapter to insure that the provisions of this subchapter and the bylaws of the Corporation and applicable rules, regulations, and guidelines promulgated pursuant to this subchapter are carried out.
(e) Corporation president authorized to make grants and enter into contracts The president of the Corporation is authorized to make grants and enter into contracts under this subchapter.
(f) Public notification At least thirty days prior to the approval of any grant application or prior to entering into a contract or prior to the initiation of any other project, the Corporation shall announce publicly, and shall notify the Governor, the State bar association of any State, and the principal local bar associations (if there be any) of any community, where legal assistance will thereby be initiated, of such grant, contract, or project. Notification shall include a reasonable description of the grant application or proposed contract or project and request comments and recommendations.
(g) Staff-attorney program study The Corporation shall provide for comprehensive, independent study of the existing staff-attorney program under this chapter and, through the use of appropriate demonstration projects, of alternative and supplemental methods of delivery of legal services to eligible clients, including judicare, vouchers, prepaid legal insurance, and contracts with law firms; and, based upon the results of such study, shall make recommendations to the President and the Congress, not later than two years after the first meeting of the Board, concerning improvements, changes, or alternative methods for the economical and effective delivery of such services.
(h) Study and report to Congress on special needs of eligible clients The Corporation shall conduct a study on whether eligible clients who are— veterans, native Americans, migrants or seasonal farm workers, persons with limited English-speaking abilities, and persons in sparsely populated areas where a harsh climate and an inadequate transportation system are significant impediments to receipt of legal services 2 have special difficulties of access to legal services or special legal problems which are not being met. The Corporation shall report to Congress not later than January 1, 1979 , on the extent and nature of any such problems and difficulties and shall include in the report and implement appropriate recommendations.
§ 2996g Records and reports
(a) Authority to require reports The Corporation is authorized to require such reports as it deems necessary from any grantee, contractor, or person or entity receiving financial assistance under this subchapter regarding activities carried out pursuant to this subchapter.
(b) Authority to require recordkeeping; access to records The Corporation is authorized to prescribe the keeping of records with respect to funds provided by grant or contract and shall have access to such records at all reasonable times for the purpose of insuring compliance with the grant or contract or the terms and conditions upon which financial assistance was provided.
(c) Annual report to President and Congress; contents The Corporation shall publish an annual report which shall be filed by the Corporation with the President and the Congress. Such report shall include a description of services provided pursuant to section 2996f(a)(2)(C)(i) and (ii) of this title.
(d) Copies and retention of reports Copies of all reports pertinent to the evaluation, inspection, or monitoring of any grantee, contractor, or person or entity receiving financial assistance under this subchapter shall be submitted on a timely basis to such grantee, contractor, or person or entity, and shall be maintained in the principal office of the Corporation for a period of at least five years subsequent to such evaluation, inspection, or monitoring. Such reports shall be available for public inspection during regular business hours, and copies shall be furnished, upon request, to interested parties upon payment of such reasonable fees as the Corporation may establish.
(e) Publication in Federal Register of rules, regulations, guidelines and instructions The Corporation shall afford notice and reasonable opportunity for comment to interested parties prior to issuing rules, regulations, and guidelines, and it shall publish in the Federal Register at least 30 days prior to their effective date all its rules, regulations, guidelines, and instructions.
§ 2996h Audits
(a) Annual audit; availability of records; filing and inspection of report The accounts of the Corporation shall be audited annually. Such audits shall be conducted in accordance with generally accepted auditing standards by independent certified public accountants who are certified by a regulatory authority of the jurisdiction in which the audit is undertaken. The audits shall be conducted at the place or places where the accounts of the Corporation are normally kept. All books, accounts, financial records, reports, files, and other papers or property belonging to or in use by the Corporation and necessary to facilitate the audits shall be made available to the person or persons conducting the audits; and full facilities for verifying transactions with the balances and securities held by depositories, fiscal agents, and custodians shall be afforded to any such person. The report of the annual audit shall be filed with the Government Accountability Office and shall be available for public inspection during business hours at the principal office of the Corporation.
(b) Audit by Government Accountability Office In addition to the annual audit, the financial transactions of the Corporation for any fiscal year during which Federal funds are available to finance any portion of its operations may be audited by the Government Accountability Office in accordance with such rules and regulations as may be prescribed by the Comptroller General of the United States. Any such audit shall be conducted at the place or places where accounts of the Corporation are normally kept. The representatives of the Government Accountability Office shall have access to all books, accounts, financial records, reports, files, and other papers or property belonging to or in use by the Corporation and necessary to facilitate the audit; and full facilities for verifying transactions with the balances and securities held by depositories, fiscal agents, and custodians shall be afforded to such representatives. All such books, accounts, financial records, reports, files, and other papers or property of the Corporation shall remain in the possession and custody of the Corporation throughout the period beginning on the date such possession or custody commences and ending three years after such date, but the Government Accountability Office may require the retention of such books, accounts, financial records, reports, files, papers, or property for a longer period under section 3523(c) of title 31 . A report of such audit shall be made by the Comptroller General to the Congress and to the President, together with such recommendations with respect thereto as he shall deem advisable.
(c) Annual financial audit of recipient persons or bodies The Corporation shall conduct, or require each grantee, contractor, or person or entity receiving financial assistance under this subchapter to provide for, an annual financial audit. The report of each such audit shall be maintained for a period of at least five years at the principal office of the Corporation. Upon request, the Corporation shall submit to the Comptroller General of the United States copies of such reports, and the Comptroller General may, in addition, inspect the books, accounts, financial records, files, and other papers or property belonging to or in use by such grantee, contractor, or person or entity, which relate to the disposition or use of funds received from the Corporation. Such audit reports shall be available for public inspection, during regular business hours, at the principal office of the Corporation.
(d) Attorney-client privilege Notwithstanding the provisions of this section or section 2996g of this title , neither the Corporation nor the Comptroller General shall have access to any reports or records subject to the attorney-client privilege.
§ 2996i Financing
(a) Authorization of appropriations There are authorized to be appropriated for the purpose of carrying out the activities of the Corporation, 100,000,000 for fiscal year 1976, and such sums as may be necessary for fiscal year 1977. There are authorized to be appropriated for the purpose of carrying out the activities of the Corporation $205,000,000 for the fiscal year 1978, and such sums as may be necessary for each of the two succeeding fiscal years. The first appropriation may be made available to the Corporation at any time after six or more members of the Board have been appointed and qualified. Appropriations for that purpose shall be made for not more than two fiscal years, and shall be paid to the Corporation in annual installments at the beginning of each fiscal year in such amounts as may be specified in Acts of Congress making appropriations.
(b) Availability of funds Funds appropriated pursuant to this section shall remain available until expended.
(c) Non-Federal funds Non-Federal funds received by the Corporation, and funds received by any recipient from a source other than the Corporation, shall be accounted for and reported as receipts and disbursements separate and distinct from Federal funds; but any funds so received for the provision of legal assistance shall not be expended by recipients for any purpose prohibited by this subchapter, except that this provision shall not be construed to prevent recipients from receiving other public funds or tribal funds (including foundation funds benefiting Indians or Indian tribes) and expending them in accordance with the purposes for which they are provided, or to prevent contracting or making other arrangements with private attorneys, private law firms, or other State or local entities of attorneys, or with legal aid societies having separate public defender programs, for the provision of legal assistance to eligible clients under this subchapter.
(d) Limitations on grant or contract authority Not more than 10 percent of the amounts appropriated pursuant to subsection (a) of this section for any fiscal year shall be available for grants or contracts under section 2996e(a)(3) of this title in any such year.
§ 2996j Special limitations
The Corporation shall prescribe procedures to insure that— financial assistance under this subchapter shall not be suspended unless the grantee, contractor, or person or entity receiving financial assistance under this subchapter has been given reasonable notice and opportunity to show cause why such action should not be taken; and financial assistance under this subchapter shall not be terminated, an application for refunding shall not be denied, and a suspension of financial assistance shall not be continued for longer than thirty days, unless the grantee, contractor, or person or entity receiving financial assistance under this subchapter has been afforded reasonable notice and opportunity for a timely, full, and fair hearing, and, when requested, such hearing shall be conducted by an independent hearing examiner. Such hearing shall be held prior to any final decision by the Corporation to terminate financial assistance or suspend or deny funding. Hearing examiners shall be appointed by the Corporation in accordance with procedures established in regulations promulgated by the Corporation. ( Pub. L. 88–452, title X, § 1011 , as added Pub. L. 93–355, § 2 , July 25, 1974 , 88 Stat. 388 ; amended Pub. L. 95–222, § 16 , Dec. 28, 1977 , 91 Stat. 1624 .)
§ 2996k Coordination
The President may direct that appropriate support functions of the Federal Government may be made available to the Corporation in carrying out its activities under this subchapter, to the extent not inconsistent with other applicable law. ( Pub. L. 88–452, title X, § 1012 , as added Pub. L. 93–355, § 2 , July 25, 1974 , 88 Stat. 388 .)
§ 2996l Reservation of right to repeal, alter, or amend
The right to repeal, alter, or amend this subchapter at any time is expressly reserved. ( Pub. L. 88–452, title X, § 1013 , as added Pub. L. 93–355, § 2 , July 25, 1974 , 88 Stat. 388 .)