42 U.S.C. § 9914 — Monitoring of eligible entities

Page 7958 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9912 lated to annual reports by Secretary, prior to the gen- eral amendment of this chapter by Pub. L. 105–285. Another prior section 9911, Pub. L. 97–35, title VI, § 682, Aug. 13, 1981, 95 Stat. 518; Pub. L. 97–115, § 17(c), Dec. 29, 1981, 95 Stat. 1609; Pub. L. 97–274, Sept. 30, 1982, 96 Stat. 1183, related to transition provisions, prior to repeal by Pub. L. 101–501, § 407(a). A prior section 677 of Pub. L. 97–35 was classified to section 9906 of this title, prior to the general amend- ment of this chapter by Pub. L. 105–285. § 9912. Office of Community Services (a) Office The Secretary shall carry out the functions of this chapter through an Office of Community Services, which shall be established in the De- partment of Health and Human Services. The Office shall be headed by a Director. (b) Grants, contracts, and cooperative agree- ments The Secretary shall carry out functions of this chapter through grants, contracts, or coopera- tive agreements. (Pub. L. 97–35, title VI, § 678, as added Pub. L. 105–285, title II, § 201, Oct. 27, 1998, 112 Stat. 2742.) Editorial Notes PRIOR PROVISIONS A prior section 9912, Pub. L. 97–35, title VI, § 684, for- merly § 683, Aug. 13, 1981, 95 Stat. 519; Pub. L. 98–288, § 31(b), May 21, 1984, 98 Stat. 198; renumbered § 684, Pub. L. 103–252, title II, § 205(1), May 18, 1994, 108 Stat. 655, contained provisions repealing certain other statutory provisions, reauthorizing appropriations, and con- forming references, prior to general amendment of this chapter by Pub. L. 105–285. A prior section 678 of Pub. L. 97–35 was classified to section 9907 of this title, prior to the general amend- ment of this chapter by Pub. L. 105–285. § 9913. Training, technical assistance, and other activities (a) Activities (1) In general The Secretary shall use amounts reserved in section 9903(b)(2) of this title— (A) for training, technical assistance, plan- ning, evaluation, and performance measure- ment, to assist States in carrying out cor- rective action activities and monitoring (to correct programmatic deficiencies of eligible entities), and for reporting and data collec- tion activities, related to programs carried out under this chapter; and (B) to distribute amounts in accordance with subsection (c). (2) Grants, contracts, and cooperative agree- ments The activities described in paragraph (1)(A) may be carried out by the Secretary through grants, contracts, or cooperative agreements with appropriate entities. (b) Terms and technical assistance process The process for determining the training and technical assistance to be carried out under this section shall— (1) ensure that the needs of eligible entities and programs relating to improving program quality (including quality of financial man- agement practices) are addressed to the max- imum extent feasible; and (2) incorporate mechanisms to ensure re- sponsiveness to local needs, including an ongo- ing procedure for obtaining input from the na- tional and State networks of eligible entities. (c) Distribution requirement (1) In general The amounts reserved under section 9903(b)(2)(A) of this title for activities to be carried out under this subsection shall be dis- tributed directly to eligible entities, organiza- tions, or associations described in paragraph (2) for the purpose of improving program qual- ity (including quality of financial manage- ment practices), management information and reporting systems, and measurement of pro- gram results, and for the purpose of ensuring responsiveness to identified local needs. (2) Eligible entities, organizations, or associa- tions Eligible entities, organizations, or associa- tions described in this paragraph shall be eli- gible entities, or statewide or local organiza- tions or associations, with demonstrated ex- pertise in providing training to individuals and organizations on methods of effectively addressing the needs of low-income families and communities. (Pub. L. 97–35, title VI, § 678A, as added Pub. L. 105–285, title II, § 201, Oct. 27, 1998, 112 Stat. 2742.) § 9914. Monitoring of eligible entities (a) In general In order to determine whether eligible entities meet the performance goals, administrative standards, financial management requirements, and other requirements of a State, the State shall conduct the following reviews of eligible entities: (1) A full onsite review of each such entity at least once during each 3-year period. (2) An onsite review of each newly des- ignated entity immediately after the comple- tion of the first year in which such entity re- ceives funds through the community services block grant program. (3) Followup reviews including prompt re- turn visits to eligible entities, and their pro- grams, that fail to meet the goals, standards, and requirements established by the State. (4) Other reviews as appropriate, including reviews of entities with programs that have had other Federal, State, or local grants (other than assistance provided under this chapter) terminated for cause. (b) Requests The State may request training and technical assistance from the Secretary as needed to com- ply with the requirements of this section. (c) Evaluations by the Secretary The Secretary shall conduct in several States in each fiscal year evaluations (including inves- tigations) of the use of funds received by the States under this chapter in order to evaluate compliance with the provisions of this chapter, 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) require the entity to correct the defi- ciency; (3)(A) offer training and technical assist- ance, if appropriate, to help correct the defi- ciency, and prepare and submit to the Sec- retary a report describing the training and technical assistance offered; or (B) if the State determines that such train- ing and technical assistance are not appro- priate, prepare and submit to the Secretary a report stating the reasons for the determina- tion; (4)(A) at the discretion of the State (taking into account the seriousness of the deficiency and the time reasonably required to correct the deficiency), allow the entity to develop and implement, within 60 days after being in- formed of the deficiency, a quality improve- ment plan to correct such deficiency within a reasonable period of time, as determined by the State; and (B) not later than 30 days after receiving from an eligible entity a proposed quality im- provement plan pursuant to subparagraph (A), either approve such proposed plan or specify the reasons why the proposed plan cannot be approved; and (5) after providing adequate notice and an opportunity for a hearing, initiate proceedings to terminate the designation of or reduce the funding under this chapter of the eligible enti- ty unless the entity corrects the deficiency. (b) Review A determination to terminate the designation or reduce the funding of an eligible entity is re- viewable by the Secretary. The Secretary shall, upon request, review such a determination. The review shall be completed not later than 90 days after the Secretary receives from the State all necessary documentation relating to the deter- mination to terminate the designation or reduce the funding. If the review is not completed with- in 90 days, the determination of the State shall become final at the end of the 90th day. (c) Direct assistance Whenever a State violates the assurances con- tained in section 9908(b)(8) of this title and ter- minates or reduces the funding of an eligible en- tity prior to the completion of the State hearing described in that section and the Secretary’s re- view as required in subsection (b), the Secretary is authorized to provide financial assistance under this chapter to the eligible entity affected until the violation is corrected. In such a case, the grant or allotment for the State under sec- tion 9905 or 9906 of this title for the earliest ap- propriate fiscal year shall be reduced by an amount equal to the funds provided under this subsection to such eligible entity. (Pub. L. 97–35, title VI, § 678C, as added Pub. L. 105–285, title II, § 201, Oct. 27, 1998, 112 Stat. 2743.) § 9916. Fiscal controls, audits, and withholding (a) Fiscal controls, procedures, audits, and in- spections (1) In general A State that receives funds under this chap- ter shall— (A) establish fiscal control and fund ac- counting procedures necessary to assure the proper disbursal of and accounting for Fed- eral funds paid to the State under this chap- ter, including procedures for monitoring the funds provided under this chapter; (B) ensure that cost and accounting stand- ards 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 expendi- tures 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 Sec- retary and the Comptroller General of the United States, or any of their duly author- ized representatives, for examination, copy- ing, 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 re- quired by subsection (a)(1)(C) shall be con- ducted by an entity independent of any