§ 1655. — Evaluations; renewals.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 25USC1655]
TITLE 25--INDIANS
CHAPTER 18--INDIAN HEALTH CARE
SUBCHAPTER IV--HEALTH SERVICES FOR URBAN INDIANS
Sec. 1655. Evaluations; renewals
(a) Contract compliance and performance
The Secretary, through the Service, shall develop procedures to
evaluate compliance with grant requirements under this subchapter and
compliance with, and performance of contracts entered into by urban
Indian organizations under this subchapter. Such procedures shall
include provisions for carrying out the requirements of this section.
(b) Annual onsite evaluation
The Secretary, through the Service, shall conduct an annual onsite
evaluation of each urban Indian organization which has entered into a
contract or received a grant under section 1653 of this title for
purposes of determining the compliance of such organization with, and
evaluating the performance of such organization under, such contract or
the terms of such grant.
(c) Noncompliance or unsatisfactory performance
If, as a result of the evaluations conducted under this section, the
Secretary determines that an urban Indian organization has not complied
with the requirements of a grant or complied with or satisfactorily
performed a contract under section 1653 of this title, the Secretary
shall, prior to renewing such contract or grant, attempt to resolve with
such organization the areas of noncompliance or unsatisfactory
performance and modify such contract or grant to prevent future
occurrences of such noncompliance or unsatisfactory performance. If the
Secretary determines that such noncompliance or unsatisfactory
performance cannot be resolved and prevented in the future, the
Secretary shall not renew such contract or grant with such organization
and is authorized to enter into a contract or make a grant under section
1653 of this title with another urban Indian organization which is
situated in the same urban center as the urban Indian organization whose
contract or grant is not renewed under this section.
(d) Contract and grant renewals
In determining whether to renew a contract or grant with an urban
Indian organization under section 1653 of this title which has completed
performance of a contract or grant under section 1654 of this title, the
Secretary shall review the records of the urban Indian organization, the
reports submitted under section 1657 of this title, and, in the case of
a renewal of a contract or grant under section 1653 of this title, shall
consider the results of the onsite evaluations conducted under
subsection (b) of this section.
(Pub. L. 94-437, title V, Sec. 505, as added Pub. L. 100-713, title V,
Sec. 501, Nov. 23, 1988, 102 Stat. 4822; amended Pub. L. 102-573, title
V, Sec. 501(b)(3), Oct. 29, 1992, 106 Stat. 4568.)
Prior Provisions
A prior section 1655, Pub. L. 94-437, title V, Sec. 505, Sept. 30,
1976, 90 Stat. 1412; Pub. L. 96-537, Sec. 7, Dec. 17, 1980, 94 Stat.
3179, related to reports by urban Indian organizations and rural Indian
organizations to Secretary, contents, audit of reports and records,
prior to the general revision of this subchapter by Pub. L. 100-713.
Amendments
1992--Pub. L. 102-573, Sec. 501(b)(3)(E), substituted ``renewals''
for ``contract renewals'' in section catchline.
Subsec. (a). Pub. L. 102-573, Sec. 501(b)(3)(A), inserted
``compliance with grant requirements under this subchapter and'' before
``compliance with, and''.
Subsec. (b). Pub. L. 102-573, Sec. 501(b)(3)(B), inserted ``or
received a grant'' after ``entered into a contract'' and ``or the terms
of such grant'' before period at end.
Subsec. (c). Pub. L. 102-573, Sec. 501(b)(3)(C), inserted ``the
requirements of a grant or complied with'' after ``has not complied
with'', ``or grant'' after ``such contract'' wherever appearing, ``or
make a grant'' after ``enter into a contract'', and ``or grant'' after
``whose contract''.
Subsec. (d). Pub. L. 102-573, Sec. 501(b)(3)(D), inserted ``or
grant'' after ``a contract'' wherever appearing.
