42 U.S.C. § 9842 — Records and audits

Page 7886 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9842 Subsec. (a)(1), (2). Pub. L. 110–134, § 16(2), inserted ‘‘procedures to assure that’’ after the par. designation. Subsec. (a)(3) to (6). Pub. L. 110–134, § 16(3), added pars. (3) to (6) and struck out former pars. (3) and (4) which read as follows: ‘‘(3) financial assistance under this subchapter shall not be terminated or reduced, an application for re- funding shall not be denied, and a suspension of finan- cial assistance shall not be continued for longer than 30 days, unless the recipient has been afforded reasonable notice and opportunity for a full and fair hearing; and ‘‘(4) the Secretary shall develop and publish proce- dures (including mediation procedures) to be used in order to— ‘‘(A) resolve in a timely manner conflicts poten- tially leading to adverse action between— ‘‘(i) recipients of financial assistance under this subchapter; and ‘‘(ii) delegate agencies or Head Start Parent Pol- icy Councils; and ‘‘(B) avoid the need for an administrative hearing on an adverse action.’’ 1994—Subsec. (a)(4). Pub. L. 103–252, § 113(a), added par. (4). Subsecs. (b) to (e). Pub. L. 103–252, § 113(b), added sub- secs. (b) to (e) and struck out former subsec. (b) which read as follows: ‘‘The Secretary may not prescribe any procedure that would modify the operation of section 1303.21 or 1303.33, or any of subdivisions (a) through (f) of section 1303.35, of title 45 of the Code of Federal Reg- ulations as in effect on April 1, 1990.’’ 1990—Subsec. (a). Pub. L. 101–501, § 115(1), (2), des- ignated existing provisions as subsec. (a) and inserted ‘‘or reduced’’ after ‘‘terminated’’ in par. (3). Subsec. (b). Pub. L. 101–501, § 115(3), added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–252 effective May 18, 1994, but not applicable to Head Start agencies and other re- cipients of financial assistance under the Head Start Act (42 U.S.C. 9831 et seq.) until Oct. 1, 1994, see section 127 of Pub. L. 103–252, set out as a note under section 9832 of this title. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by section 115(1), (2) of Pub. L. 101–501 ef- fective Oct. 1, 1990, and amendment by section 115(3) of Pub. L. 101–501 effective Apr. 1, 1990, see section 1001(a), (b)(2) of Pub. L. 101–501, set out as a note under section 8621 of this title. § 9842. Records and audits (a) Each recipient of financial assistance under this subchapter shall keep such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such finan- cial assistance, the total cost of the project or undertaking in connection with which such fi- nancial assistance is given or used, the amount of that portion of the cost of the project or un- dertaking supplied by other sources, and such other records as will facilitate an effective audit. (b) The Secretary and the Comptroller General of the United States, or any of their duly au- thorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the re- cipients that are pertinent to the financial as- sistance received under this subchapter. (c) Each recipient of financial assistance under this subchapter shall— (1) maintain, and annually submit to the Secretary, a complete accounting of the re- cipient’s administrative expenses (including a detailed statement identifying the amount of financial assistance provided under this sub- chapter used to pay expenses for salaries and compensation and the amount (if any) of other funds used to pay such expenses); (2) not later than 30 days after the date of completion of an audit conducted in the man- ner and to the extent provided in chapter 75 of title 31 (commonly known as the ‘‘Single Audit Act of 1984’’), submit to the Secretary a copy of the audit management letter and of any audit findings as they relate to the Head Start program; and (3) provide such additional documentation as the Secretary may require. (Pub. L. 97–35, title VI, § 647, Aug. 13, 1981, 95 Stat. 505; Pub. L. 110–134, § 17, Dec. 12, 2007, 121 Stat. 1422.) Editorial Notes AMENDMENTS 2007—Subsec. (c). Pub. L. 110–134 added subsec. (c). § 9843. Technical assistance and training (a) Secretarial training and technical assistance (1) Authority From the funds provided under section 9835(a)(2)(C)(i) of this title, the Secretary shall provide, directly or through grants, contracts, or other agreements or arrangements as the Secretary considers appropriate, technical as- sistance and training for Head Start programs for the purposes of improving program quality and helping prepare children to succeed in school. (2) Process The process for determining the technical assistance and training activities to be carried out under this section shall— (A) ensure that the needs of local Head Start agencies and programs relating to im- proving program quality and to program ex- pansion are addressed to the maximum ex- tent practicable; and (B) incorporate mechanisms to ensure re- sponsiveness to local needs, including an on- going procedure for obtaining input from the individuals and agencies carrying out Head Start programs. (3) Activities In providing training and technical assist- ance and for allocating resources for such as- sistance under this section, the Secretary shall— (A) give priority consideration to— (i) activities to correct program and management deficiencies identified through reviews carried out pursuant to section 9836a(c) of this title (including the provision of assistance to local programs in the development of quality improve- ment plans under section 9836a(d)(2) of this title); (ii) assisting Head Start agencies in en- suring the school readiness of children; and