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42 U.S.C. § 9917 — Accountability and reporting require-
Federal law — U.S. Code and appendices · legal_authorities
Page 7960
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 9917
agency administering activities or services
carried out under this chapter and shall be
conducted in accordance with generally ac-
cepted accounting principles.
(B) Single audit requirements
Audits shall be conducted under this para-
graph in the manner and to the extent pro-
vided in chapter 75 of title 31 (commonly
known as the ‘‘Single Audit Act Amend-
ments of 1996’’).
(C) Submission of copies
Within 30 days after the completion of
each such audit in a State, the chief execu-
tive 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 Sec-
retary.
(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 ade-
quate 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.
(2) Response to complaints
The Secretary shall respond in an expedi-
tious and speedy manner to complaints of a
substantial or serious nature that a State has
failed to use funds in accordance with the pro-
visions of this chapter, including the assur-
ances provided by the State under section 9908
of this title. For purposes of this paragraph, a
complaint of a failure to
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Page 7960
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 9917
agency administering activities or services
carried out under this chapter and shall be
conducted in accordance with generally ac-
cepted accounting principles.
(B) Single audit requirements
Audits shall be conducted under this para-
graph in the manner and to the extent pro-
vided in chapter 75 of title 31 (commonly
known as the ‘‘Single Audit Act Amend-
ments of 1996’’).
(C) Submission of copies
Within 30 days after the completion of
each such audit in a State, the chief execu-
tive 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 Sec-
retary.
(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 ade-
quate 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.
(2) Response to complaints
The Secretary shall respond in an expedi-
tious and speedy manner to complaints of a
substantial or serious nature that a State has
failed to use funds in accordance with the pro-
visions of this chapter, including the assur-
ances provided by the State under section 9908
of this title. For purposes of this paragraph, a
complaint of a failure to meet any one of the
assurances provided under section 9908 of this
title that constitutes disregarding that assur-
ance 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 de-
scribed in paragraph (2) from any State in any
fiscal year, the Secretary shall conduct an in-
vestigation of the use of funds received under
this chapter by such State in order to ensure
compliance with the provisions of this chap-
ter.
(Pub. L. 97–35, title VI, § 678D, as added Pub. L.
105–285, title II, § 201, Oct. 27, 1998, 112 Stat. 2744.)
§ 9917. Accountability and reporting require-
ments
(a) State accountability and reporting require-
ments
(1) Performance measurement
(A) In general
By October 1, 2001, each State that re-
ceives funds under this chapter shall partici-
pate, and shall ensure that all eligible enti-
ties in the State participate, in a perform-
ance measurement system, which may be a
performance measurement system for which
the Secretary facilitated development pursu-
ant to subsection (b), or an alternative sys-
tem that the Secretary is satisfied meets the
requirements of subsection (b).
(B) Local agencies
The State may elect to have local agencies
that are subcontractors of the eligible enti-
ties under this chapter participate in the
performance measurement system. If the
State makes that election, references in this
section to eligible entities shall be consid-
ered to include the local agencies.
(2) Annual report
Each State shall annually prepare and sub-
mit to the Secretary a report on the measured
performance of the State and the eligible enti-
ties in the State. Prior to the participation of
the State in the performance measurement
system, the State shall include in the report
any information collected by the State relat-
ing to such performance. Each State shall also
include in the report an accounting of the ex-
penditure of funds received by the State
through the community services block grant
program, including an accounting of funds
spent on administrative costs by the State and
the eligible entities, and funds spent by eligi-
ble entities on the direct delivery of local
services, and shall include information on the
number of and characteristics of clients served
under this chapter in the State, based on data
collected from the eligible entities. The State
shall also include in the report a summary de-
scribing the training and technical assistance
offered by the State under section 9915(a)(3) of
this title during the year covered by the re-
port.
(b) Secretary’s accountability and reporting re-
quirements
(1) Performance measurement
The Secretary, in collaboration with the
States and with eligible entities throughout
the Nation, shall facilitate the development of
one or more model performance measurement
systems, which may be used by the States and
by eligible entities to measure their perform-
ance in carrying out the requirements of this
chapter and in achieving the goals of their
community action plans. The Secretary shall
provide technical assistance, including sup-
port for the enhancement of electronic data
systems, to States and to eligible entities to
enhance their capability to collect and report
data for such a system and to aid in their par-
ticipation in such a system.
(2) Reporting requirements
At the end of each fiscal year beginning
after September 30, 1999, the Secretary shall,
directly or by grant or contract, prepare a re-
port containing—
(A) a summary of the planned use of funds
by each State, and the eligible entities in
the State, under the community services
block grant program, as contained in each
Page 7961
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 9918
State plan submitted pursuant to section
9908 of this title;
(B) a description of how funds were actu-
ally spent by the State and eligible entities
in the State, including a breakdown of funds
spent on administrative costs and on the di-
rect delivery of local services by eligible en-
tities;
(C) information on the number of entities
eligible for funds under this chapter, the
number of low-income persons served under
this chapter, and such demographic data on
the low-income populations served by eligi-
ble entities as is determined by the Sec-
retary to be feasible;
(D) a comparison of the planned uses of
funds for each State and the actual uses of
the funds;
(E) a summary of each State’s perform-
ance results, and the results for the eligible
entities, as collected and submitted by the
States in accordance with subsection (a)(2);
and
(F) any additional information that the
Secretary considers to be appropriate to
carry out this chapter, if the Secretary in-
forms the States of the need for such addi-
tional information and allows a reasonable
period of time for the States to collect and
provide the information.
(3) Submission
The Secretary shall submit to the Com-
mittee on Education and the Workforce of the
House of Representatives and the Committee
on Labor and Human Resources of the Senate
the report described in paragraph (2), and any
comments the Secretary may have with re-
spect to such report. The report shall include
definitions of direct and administrative costs
used by the Department of Health and Human
Services for programs funded under this chap-
ter.
(4) Costs
Of the funds reserved under section 9903(b)(3)
of this title, not more than $350,000 shall be
available to carry out the reporting require-
ments contained in paragraph (2).
(Pub. L. 97–35, title VI, § 678E, as added Pub. L.
105–285, title II, § 201, Oct. 27, 1998, 112 Stat. 2746.)
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.
§ 9918. Limitations on use of funds
(a) Construction of facilities
(1) Limitations
Except as provided in paragraph (2), grants
made under this chapter (other than amounts
reserved under section 9903(b)(3) of this title)
may not be used by the State, or by any other
person with which the State makes arrange-
ments to carry out the purposes of this chap-
ter, for the purchase or improvement of land,
or the purchase, construction, or permanent
improvement (other than low-cost residential
weatherization or other energy-related home
repairs) of any building or other facility.
(2) Waiver
The Secretary may waive the limitation
contained in paragraph (1) upon a State re-
quest for such a waiver, if the Secretary finds
that the request describes extraordinary cir-
cumstances to justify the purchase of land or
the construction of facilities (or the making of
permanent improvements) and that permit-
ting the waiver will contribute to the ability
of the State to carry out the purposes of this
chapter.
(b) Political activities
(1) Treatment as a State or local agency
For purposes of chapter 15 of title 5, any en-
tity that assumes responsibility for planning,
developing, and coordinating activities under
this chapter and receives assistance under this
chapter shall be deemed to be a State or local
agency. For purposes of paragraphs (1) and (2)
of section 1502(a) of such title, any entity re-
ceiving assistance under this chapter shall be
deemed to be a State or local agency.
(2) Prohibitions
Programs assisted under this chapter shall
not be carried on in a manner involving the
use of program funds, the provision of serv-
ices, or the employment or assignment of per-
sonnel, in a manner supporting or resulting in
the identification of such programs with—
(A) any partisan or nonpartisan political
activity or any political activity associated
with a candidate, or contending faction or
group, in an election for public or party of-
fice;
(B) any activity to provide voters or pro-
spective voters with transportation to the
polls or similar assistance in connection
with any such election; or
(C) any voter registration activity.
(3) Rules and regulations
The Secretary, after consultation with the
Office of Personnel Management, shall issue
rules and regulations to provide for the en-
forcement of this subsection, which shall in-
clude provisions for summary suspension of
assistance or other action necessary to permit
enforcement on an emergency basis.
(c) Nondiscrimination
(1) In general
No person shall, on the basis of race, color,
national origin, or sex be excluded from par-
ticipation in, be denied the benefits of, or be
subjected to discrimination under, any pro-
gram or activity funded in whole or in part
with funds made available under this chapter.
Any prohibition against discrimination on the
basis of age under the Age Discrimination Act
of 1975 (42 U.S.C. 6101 et seq.) or with respect
to an otherwise qualified individual with a dis-
ability as provided in section 504 of the Reha-
bilitation Act of 1973 (29 U.S.C. 794), or title II
of the Americans with Disabilities Act of 1990
(42 U.S.C. 12131 et seq.) shall also apply to any
such program or activity.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** Subject to the availability of appropriations, the Secretary shall establish in the Department of Health and Human Services a Disability, Independent Living, and Rehabilitation Research Advisory Council (referred to in this section as the “Council”) composed of not less than 12 members appointed by the Secretary.
**(b) Duties** The Council shall advise the Director with respect to research priorities and the development and revision of the 5-year plan required by [section 762(h) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section762/h&num=0&edition=prelim).
**(c) Qualifications** Members of the Council shall be generally representative of the community of disability, independent living, and rehabilitation professionals, the community of disability, independent living, and rehabilitation researchers, the directors of independent living centers and community rehabilitation programs, the business community (including a representative of the small business community) that has experience with the system of vocational rehabilitation services and independent living services carried out under this chapter and with hiring individuals with disabilities, the community of stakeholders involved in assistive technology, the community of covered school professionals, and the community of individuals with disabilities, and the individuals’ representatives. At least one-half of the members shall be individuals with disabilities or the individuals’ representatives.
**(d) Terms of appointment**
(1) **Length of term** — Each member of the Council shall serve for a term of up to 3 years, determined by the Secretary, except that—
(A) a member appointed to fill a vacancy occurring prior to the expiration of the term for whic
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 794
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Federal law — U.S. Code and appendices · legal_authorities
Page 300
TITLE 29—LABOR
§ 794
1 See References in Text note below.
‘‘handicapped individuals’’ and ‘‘section 706(8) of this
title’’ for ‘‘section 706(7) of this title’’.
Subsec.
(b).
Pub.
L.
99–506,
§§ 103(d)(2)(B),
(C),
1001(f)(2), substituted ‘‘individual with handicaps’’ for
‘‘handicapped individual’’, ‘‘individuals with handi-
caps’’ for ‘‘handicapped individuals’’, and ‘‘a contract’’
for ‘‘his contract’’.
Subsec. (c). Pub. L. 99–506, § 1001(f)(3), substituted
‘‘The President’’ for ‘‘he’’ in two places and substituted
‘‘the reasons’’ for ‘‘his reasons’’.
1978—Subsec. (a). Pub. L. 95–602 substituted ‘‘section
706(7) of this title’’ for ‘‘section 706(6) of this title’’.
§ 794. Nondiscrimination under Federal grants
and programs
(a) Promulgation of rules and regulations
No otherwise qualified individual with a dis-
ability in the United States, as defined in sec-
tion 705(20) of this title, shall, solely by reason
of her or his disability, be excluded from the
participation in, be denied the benefits of, or be
subjected to discrimination under any program
or activity receiving Federal financial assist-
ance or under any program or activity con-
ducted by any Executive agency or by the
United States Postal Service. The head of each
such agency shall promulgate such regulations
as may be necessary to carry out the amend-
ments to this section made by the Rehabilita-
tion, Comprehensive Services, and Develop-
mental Disabilities Act of 1978. Copies of any
proposed regulation shall be submitted to appro-
priate authorizing committees of the Congress,
and such regulation may take effect no earlier
than the thirtieth day after the date on which
such regulation is so submitted to such commit-
tees.
(b) ‘‘Program or activity’’ defined
For the
Source: Supplied 2024 U.S. Code historical extraction · 29 U.S.C. § 794
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Federal law — U.S. Code and appendices · legal_authorities
Every employer, employment agency, labor organization, or joint labor-management committee covered under this subchapter shall post notices in an accessible format to applicants, employees, and members describing the applicable provisions of this chapter, in the manner prescribed by [section 2000e–10 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000e-10&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 12131
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Federal law — U.S. Code and appendices · legal_authorities
Page 8246
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 12117
1 See References in Text note below.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective 24 months after July 26, 1990, see
section 108 of Pub. L. 101–336, set out as a note under
section 12111 of this title.
§ 12117. Enforcement
(a) Powers, remedies, and procedures
The powers, remedies, and procedures set forth
in sections 2000e–4, 2000e–5, 2000e–6, 2000e–8, and
2000e–9 of this title shall be the powers, rem-
edies, and procedures this subchapter provides
to the Commission, to the Attorney General, or
to any person alleging discrimination on the
basis of disability in violation of any provision
of this chapter, or regulations promulgated
under section 12116 of this title, concerning em-
ployment.
(b) Coordination
The agencies with enforcement authority for
actions which allege employment discrimina-
tion under this subchapter and under the Reha-
bilitation Act of 1973 [29 U.S.C. 701 et seq.] shall
develop procedures to ensure that administra-
tive complaints filed under this subchapter and
under the Rehabilitation Act of 1973 are dealt
with in a manner that avoids duplication of ef-
fort and prevents imposition of inconsistent or
conflicting standards for the same requirements
under this subchapter and the Rehabilitation
Act of 1973. The Commission, the Attorney Gen-
eral, and the Office of Federal Contract Compli-
ance Programs shall establish such coordinating
mechanisms (similar to provisions contained in
the joint regulations promulgated by the Com-
mission and the Attorney General at part 42 of
title 28 and part 1691 of title 29, Code of Federal
Regulations, and the Memorandum of Under-
standing between the Commission and the Office
of Federal Contract Compl
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 12131
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Federal law — U.S. Code and appendices · legal_authorities
It is the purpose of this chapter to prohibit discrimination on the basis of age in programs or activities receiving Federal financial assistance.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6101
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Federal law — U.S. Code and appendices · legal_authorities
Page 6644
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§§ 6081 to 6083
Stat. 1317; amended Pub. L. 93–45, title III, § 301(b), June
18, 1973, 87 Stat. 95; Pub. L. 94–103, title I, §§ 101(a),
110(a), Oct. 4, 1975, 89 Stat. 486, 489; Pub. L. 95–602, title
V, § 510(a), Nov. 6, 1978, 92 Stat. 3010; Pub. L. 97–35, title
IX, § 911(c), Aug. 13, 1981, 95 Stat. 563; Pub. L. 98–221,
title III, § 304, Feb. 22, 1984, 98 Stat. 35, authorized ap-
propriations for State allotments, prior to the general
amendment of this chapter by Pub. L. 98–527.
Section 6062, Pub. L. 88–164, title I, § 152, as added
Pub. L. 98–527, § 2, Oct. 19, 1984, 98 Stat. 2681; amended
Pub. L. 100–146, title IV, § 402, Oct. 29, 1987, 101 Stat. 853;
Pub. L. 101–496, § 17, Oct. 31, 1990, 104 Stat. 1200; Pub. L.
103–230, title IV, § 403, Apr. 6, 1994, 108 Stat. 320; Pub. L.
105–12, § 9(l)(3), Apr. 30, 1997, 111 Stat. 28, provided for
administration and operation grants.
A prior section 6062, Pub. L. 88–164, title I, § 132, as
added Pub. L. 91–517, title I, § 101(b), Oct. 30, 1970, 84
Stat. 1317; amended Pub. L. 94–103, title I, § 110(b)–(e)(1),
title III, § 302(b)(1), Oct. 4, 1975, 89 Stat. 489, 490, 506;
Pub. L. 94–278, title XI, § 1107(a) Apr. 22, 1976, 90 Stat.
416; Pub. L. 95–602, title V, § 510(b), Nov. 6, 1978, 92 Stat.
3010, related to allotments to States, prior to the gen-
eral amendment of this chapter by Pub. L. 98–527.
Section 6063, Pub. L. 88–164, title I, § 153, as added
Pub. L. 98–527, § 2, Oct. 19, 1984, 98 Stat. 2682; amended
Pub. L. 100–146, title IV, § 403, Oct. 29, 1987, 101 Stat. 855;
Pub. L. 101–496, § 18, Oct. 31, 1990, 104 Stat. 1203; Pub. L.
103–230, title IV, § 404, Apr. 6, 1994, 108 Stat. 324, related
to applications.
A prior section 6063, Pub. L. 88–164, title I, § 1
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 6101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) State accountability and reporting requirements**
(1) **Performance measurement**
(A) *In general* — By October 1, 2001, each State that receives funds under this chapter shall participate, and shall ensure that all eligible entities in the State participate, in a performance measurement system, which may be a performance measurement system for which the Secretary facilitated development pursuant to subsection (b), or an alternative system that the Secretary is satisfied meets the requirements of subsection (b).
(B) *Local agencies* — The State may elect to have local agencies that are subcontractors of the eligible entities under this chapter participate in the performance measurement system. If the State makes that election, references in this section to eligible entities shall be considered to include the local agencies.
(2) **Annual report** — Each State shall annually prepare and submit to the Secretary a report on the measured performance of the State and the eligible entities in the State. Prior to the participation of the State in the performance measurement system, the State shall include in the report any information collected by the State relating to such performance. Each State shall also include in the report an accounting of the expenditure of funds received by the State through the community services block grant program, including an accounting of funds spent on administrative costs by the State and the eligible entities, and funds spent by eligible entities on the direct delivery of local services, and shall include information on the number of and characteristics of clients served under this chapter in the State, based on data collected from the eligible entities. The State shall also include in the report a summary describing the training
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