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42 U.S.C. § 9916 — Fiscal controls, audits, and withholding
Federal law — U.S. Code and appendices · legal_authorities
**(a) Fiscal controls, procedures, audits, and inspections**
(1) **In general** — A State that receives funds under this chapter shall—
(A) establish fiscal control and fund accounting procedures necessary to assure the proper disbursal of and accounting for Federal funds paid to the State under this chapter, including procedures for monitoring the funds provided under this chapter;
(B) ensure that cost and accounting standards of the Office of Management and Budget apply to a recipient of the funds under this chapter;
(C) subject to paragraph (2), prepare, at least every year, an audit of the expenditures of the State of amounts received under this chapter and amounts transferred to carry out the purposes of this chapter; and
(D) make appropriate books, documents, papers, and records available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for examination, copying, or mechanical reproduction on or off the premises of the appropriate entity upon a reasonable request for the items.
(2) **Audits**
(A) *In general* — Subject to subparagraph (B), each audit required by subsection (a)(1)(C) shall be conducted by an entity independent of any agency administering activities or services carried out under this chapter and shall be conducted in accordance with generally accepted accounting principles.
(B) *Single audit requirements* — Audits shall be conducted under this paragraph in the manner and to the extent provided in chapter 75 of title 31 (commonly known as the “Single Audit Act Amendments of 1996”).
(C) *Submission of copies* — Within 30 days after the completion of each such audit in a State, the chief executive officer of the State shall submit a copy of such audit to any eligib
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Source file: Laws/federal/codes/united-states-code/title-42/section-9916-fiscal-controls-audits-and-withholding--7bd240838e.md
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Source location: Title 42, Chapter 106, § 9916; chapter-106-community-services-block-grant-program.md
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**(a) Fiscal controls, procedures, audits, and inspections**
(1) **In general** — A State that receives funds under this chapter shall—
(A) establish fiscal control and fund accounting procedures necessary to assure the proper disbursal of and accounting for Federal funds paid to the State under this chapter, including procedures for monitoring the funds provided under this chapter;
(B) ensure that cost and accounting standards of the Office of Management and Budget apply to a recipient of the funds under this chapter;
(C) subject to paragraph (2), prepare, at least every year, an audit of the expenditures of the State of amounts received under this chapter and amounts transferred to carry out the purposes of this chapter; and
(D) make appropriate books, documents, papers, and records available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for examination, copying, or mechanical reproduction on or off the premises of the appropriate entity upon a reasonable request for the items.
(2) **Audits**
(A) *In general* — Subject to subparagraph (B), each audit required by subsection (a)(1)(C) shall be conducted by an entity independent of any agency administering activities or services carried out under this chapter and shall be conducted in accordance with generally accepted accounting principles.
(B) *Single audit requirements* — Audits shall be conducted under this paragraph in the manner and to the extent provided in chapter 75 of title 31 (commonly known as the “Single Audit Act Amendments of 1996”).
(C) *Submission of copies* — Within 30 days after the completion of each such audit in a State, the chief executive officer of the State shall submit a copy of such audit to any eligible entity that was the subject of the audit at no charge, to the legislature of the State, and to the Secretary.
(3) **Repayments** — The State shall repay to the United States amounts found not to have been expended in accordance with this chapter or the Secretary may offset such amounts against any other amount to which the State is or may become entitled under this chapter.
**(b) Withholding**
(1) **In general** — The Secretary shall, after providing adequate notice and an opportunity for a hearing conducted within the affected State, withhold funds from any State that does not utilize the grant or allotment under section 9905 or 9906 of this title in accordance with the provisions of this chapter, including the assurances such State provided under [section 9908 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9908&num=0&edition=prelim).
(2) **Response to complaints** — The Secretary shall respond in an expeditious and speedy manner to complaints of a substantial or serious nature that a State has failed to use funds in accordance with the provisions of this chapter, including the assurances provided by the State under [section 9908 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9908&num=0&edition=prelim). For purposes of this paragraph, a complaint of a failure to meet any one of the assurances provided under [section 9908 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9908&num=0&edition=prelim) that constitutes disregarding that assurance shall be considered to be a complaint of a serious nature.
(3) **Investigations** — Whenever the Secretary determines that there is a pattern of complaints of failures described in paragraph (2) from any State in any fiscal year, the Secretary shall conduct an investigation of the use of funds received under this chapter by such State in order to ensure compliance with the provisions of this chapter.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Designation of lead agency**
(1) **Designation** — The chief executive officer of a State desiring to receive a grant or allotment under section 9905 or 9906 of this title shall designate, in an application submitted to the Secretary under subsection (b), an appropriate State agency that complies with the requirements of paragraph (2) to act as a lead agency for purposes of carrying out State activities under this chapter.
(2) **Duties** — The lead agency shall—
(A) develop the State plan to be submitted to the Secretary under subsection (b);
(B) in conjunction with the development of the State plan as required under subsection (b), hold at least one hearing in the State with sufficient time and statewide distribution of notice of such hearing, to provide to the public an opportunity to comment on the proposed use and distribution of funds to be provided through the grant or allotment under section 9905 or 9906 of this title for the period covered by the State plan; and
(C) conduct reviews of eligible entities under [section 9914 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9914&num=0&edition=prelim).
(3) **Legislative hearing** — In order to be eligible to receive a grant or allotment under section 9905 or 9906 of this title, the State shall hold at least one legislative hearing every 3 years in conjunction with the development of the State plan.
**(b) State application and plan** Beginning with fiscal year 2000, to be eligible to receive a grant or allotment under section 9905 or 9906 of this title, a State shall prepare and submit to the Secretary an application and State plan covering a period of not less than 1 fiscal year and not more than 2 fiscal years. The plan shall be submitted not later than 30
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9908
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Federal law — U.S. Code and appendices · legal_authorities
Page 7959
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 9916
and especially with respect to compliance with
section 9908(b) of this title. The Secretary shall
submit, to each State evaluated, a report con-
taining the results of such evaluations, and rec-
ommendations of improvements designed to en-
hance the benefit and impact of the activities
carried out with such funds for people in need.
On receiving the report, the State shall submit
to the Secretary a plan of action in response to
the recommendations contained in the report.
The results of the evaluations shall be sub-
mitted annually to the Chairperson of the Com-
mittee on Education and the Workforce of the
House of Representatives and the Chairperson of
the Committee on Labor and Human Resources
of the Senate as part of the report submitted by
the
Secretary
in
accordance
with
section
9917(b)(2) of this title.
(Pub. L. 97–35, title VI, § 678B, as added Pub. L.
105–285, title II, § 201, Oct. 27, 1998, 112 Stat. 2743.)
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Committee on Labor and Human Resources of Senate
changed to Committee on Health, Education, Labor,
and Pensions of Senate by Senate Resolution No. 20,
One Hundred Sixth Congress, Jan. 19, 1999.
§ 9915. Corrective action; termination and reduc-
tion of funding
(a) Determination
If the State determines, on the basis of a final
decision in a review pursuant to section 9914 of
this title, that an eligible entity fails to comply
with the terms of an agreement, or the State
plan, to provide services under this chapter or to
meet appropriate standards, goals, and other re-
quirements established by the State (including
performance objectives), the State shall—
(1) inform the entity of the deficiency to be
corrected;
(2)
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 9916
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