AMENDMENTS.

SEC. 822. AMENDMENTS. The Native American Programs Act of 1974 (42 U.S.C. 2991 et seq.) is amended— (1) in section 803 (42 U.S.C. 2991b)— (A) by striking “Secretary” each place the term appears and inserting “Commissioner”; and (B) in the first sentence of subsection (a)— 106 STAT. 1296 (i) by striking “Indian organizations” and inserting “Indian and Alaska Native organizations”; and (ii) by striking “nonreservation area” and inserting “area that is not an Indian reservation or Alaska Native village”; (2) in section 803A (42 U.S.C. 2991b–1)— (A) in subsection (a)(1)— (i) by striking “one agency” and all that follows through “of Native Hawaiians” and inserting “the Office of Hawaiian Affairs of the State of Hawaii (referred to in this section as the ‘Office’)”; (ii) by striking “5-year”; and (iii) in subparagraph (A) by striking “such agency or Native Hawaiian organization” and inserting “the Office”; (B) by striking “agency or organization to which a grant is awarded under subsection (a)(1) of this section” each place the term appears and inserting “Office”; (C) by striking “agency or organization” each place the term appears and inserting “Office”; (D) by striking “Secretary” each place the term appears and inserting “Commissioner”; (E) in subsection (a)(2) by inserting before the period at the end the following: “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”; (F) by striking subsection (b)(6); (G) in subsection (f)(1) by striking “fiscal years 1988, 1989, and 1990 the aggregate amount of $3,000,000 for all such fiscal years” and inserting “each of the fiscal years 1992, 1993, and 1994, $1,000,000”; (H) by striking subsection (f)(3); and (I) by striking subsection (g) and inserting the following: “(g) (1) 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. “(2) 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— “(A) describe the effectiveness of the operation of such fund in improving the economic and social self-sufficiency of Native Hawaiians; “(B) specify the number of loans made in such fiscal year; “(C) specify the number of loans outstanding as of the end of such fiscal year; and “(D) 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.”; (3) after section 803A (42 U.S.C. 2991b–1) by inserting the following: 106 STAT. 1297 “ESTABLISHMENT OF ADMINISTRATION FOR NATIVE AMERICANS “SEC. 803B. (a) There is established in the Department of Health and Human Services (referred to in this title as the ‘Department’) the Administration for Native Americans (referred to in this title as the ‘Administration’), which shall be headed by a Commissioner of the Administration for Native Americans (referred to in this title as the ‘Commissioner’). The Administration shall be the agency responsible for carrying out the provisions of this title. “(b) The Commissioner shall be appointed by the President, by and with the advice and consent of the Senate. “(c) The Commissioner shall— “(1) provide for financial assistance, loan funds, technical assistance, training, research and demonstration projects, and other activities, described in this title; “(2) 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; “(3) 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; “(4) 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; “(5) give preference to individuals who are eligible for assistance under this title, in entering into contracts for technical assistance, training, and evaluation under this title; and “(6) encourage agencies that carry out projects under this title, to give preference to such individuals in hiring and entering into contracts to carry out such projects. “(d) (1) 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. “(2) 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. “(3) In addition to the duties described in subsection (c)(3), the Council shall, within 180 days following the date of the enactment of the Native American Programs Act Amendments of 1992, prepare a plan, including legislative recommendations, to allow tribal governments and other organizations described in section 803(a) 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. 106 STAT. 1298 “(e) The Secretary shall assure that adequate staff and administrative support is provided to carry out the purpose of this title. 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.”; (4) by striking section 804 (42 U.S.C. 2991c) and inserting the following: “TECHNICAL ASSISTANCE AND TRAINING “Sec. 804. The Commissioner shall provide, directly or through other arrangements— “(1) technical assistance to the public and private agencies in planning, developing, conducting, and administering projects under this title; “(2) short-term in-service training for specialized or other personnel that is needed in connection with projects receiving financial assistance under this title; and “(3) upon denial of a grant application, technical assistance to a potential grantee in revising a grant proposal.”; (5) in section 805 (42 U.S.C. 2991d) by striking “Secretary” each place the term appears and inserting “Commissioner”; (6) in section 806 (42 U.S.C. 2991d–1) by striking “Secretary” each place the term appears and inserting “Commissioner”; (7) in section 807 (42 U.S.C. 2991e) by striking “Secretary” each place the term appears and inserting “Commissioner”; (8) in section 808 (42 U.S.C. 2991f) by striking “Secretary” each place the term appears and inserting “Commissioner”; (9) in section 809 (42 U.S.C. 2991g) by striking “Secretary” each place the term appears and inserting “Commissioner”; (10) in section 810 (42 U.S.C. 2991h)— (A) by striking “Secretary” and inserting “Commissioner”; (B) by designating the text as subsection (a); and (C) by adding at the end the following: “(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.”; (11) in section 811 (42 U.S.C. 2992)— (A) by striking “Secretary” each place the term appears and inserting “Commissioner”; (B) in subsection (a)— (i) by inserting “(1)” after “(a)”, and (ii) by adding at the end the following: “(2) The projects assisted under this title shall be evaluated in accordance with this section not less frequently than at 3-year intervals.”; 106 STAT. 1299 (12) after section 811 (42 U.S.C. 2992) by inserting the following: “annual report “Sec. 811A. 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.”; (13) after section 812 (42 U.S.C. 2992a) by inserting the following: “STAFF “Sec. 812A In all personnel actions of the Administration, preference shall be given to individuals who are eligible for assistance under this title. 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, United States Code. The Commissioner shall take such additional actions as may be necessary to promote recruitment of such individuals for employment in the Administration.”; (14) by striking section 813 (42 U.S.C. 2992b) and inserting the following: “ADMINISTRATION “SEC. 813. Nothing in this title 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.”; (15) in section 816(a) (42 U.S.C. 2992d(a))— (A) by striking “1988” and all that follows and inserting “1992, 1993, 1994, and 1995”; and (B) by striking “and 803A” and inserting a comma and “803A, subsection (e) of this section, and any other provision of this title for which there is an express authorization of appropriations; (16) in section 816(b) (42 U.S.C. 2992d(b)) by striking “and 803A” and inserting a comma and “803A, 804, subsection (e) of this section, and any other provision of this title for which there is an express authorization of appropriations”; (17) in section 816(c)(1) (42 U.S.C. 2992d(c)(1))— (A) by striking “(1) Except as provided in paragraph (2), there are” and inserting “There are”; and (B) by striking “1988, 1989, 1990, and 1991” and inserting “1992, 1993, 1994, and 1995”; (18) by striking section 816(c)(2) (42 U.S.C. 2992d(c)(2)); (19) in section 816(d) by striking “1991,”; (20) in section 816 (42 U.S.C. 2992d) by adding at the end the following: “(e) (1) For fiscal years 1992 and 1993, there are authorized to be appropriated such sums as may be necessary for the purpose of— 106 STAT. 1300 “(A) establishing demonstration projects to conduct research related to Native American studies and Indian policy development; and “(B) 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. “(2) Such a plan shall be delivered to the Congress not later than 30 days after the date of enactment of this subsection.”; and (21) in sections 802, 803(a), 806(a)(2), 808, and 815(2) (42 U.S.C. 2991a, 2991b(a), 2991d–1(a)(2), 2991f, and 2992c(2)) by striking “Alaskan Native” each place the term appears and inserting “Alaska Native”.