42 U.S.C. § 2996g — Records and reports

Page 5663 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2996g of eligible clients, for provisions requiring recipients to include at least one individual eligible to receive legal assistance. Subsec. (f). Pub. L. 95–222, § 12, inserted provision re- quiring notice to principal local bar association, if any, of community. Subsec. (h). Pub. L. 95–222, § 13, added subsec. (h). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–185 applicable to any for- feiture proceeding commenced on and after the date that is 120 days after Apr. 25, 2000, see section 21 of Pub. L. 106–185, set out as a note under section 1324 of Title 8, Aliens and Nationality. EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105–12 effective Apr. 30, 1997, and applicable to Federal payments made pursuant to obligations incurred after Apr. 30, 1997, for items and services provided on or after such date, and also subject to also being applicable with respect to contracts en- tered into, renewed, or extended after Apr. 30, 1997, as well as contracts entered into before Apr. 30, 1997, to the extent permitted under such contracts, see section 11 of Pub. L. 105–12, set out as an Effective Date note under section 14401 of this title. EFFECTIVE DATE OF 1977 AMENDMENT Amendment by sections 7(b), 9(a), (b)(1), (c), 10, 12, and 13 of Pub. L. 95–222 effective Dec. 28, 1977, see sec- tion 17(b) of Pub. L. 95–222, set out as a note under sec- tion 2996 of this title. Pub. L. 95–222, § 17(a)(1), Dec. 28, 1977, 91 Stat. 1624, provided that: ‘‘The amendment made by section 11 of this Act [amending this section] shall be effective six months after the first day of the first calendar month following the date of enactment of this Act [Dec. 28, 1977].’’ IMPLEMENTATION OF SYSTEM FOR COMPETITIVE AWARD OF GRANTS AND CONTRACTS Pub. L. 101–515, title VI, § 607 (part), Nov. 5, 1991, 104 Stat. 2153, provided: ‘‘That after October 1, 1991, (but not before) the Board of Directors of the Legal Services Corporation shall develop and implement a system for the competitive award of all grants and contracts, in- cluding support centers, except that nothing herein shall prohibit the Corporation Board, members, or staff from engaging in in-house reviews of or holding hear- ings on proposals for a system for the competitive award of all grants and contracts, including support centers, and that nothing herein shall apply to any competitive awards program currently in existence’’. Pub. L. 101–162, title VI, § 608 (part), Nov. 21, 1989, 103 Stat. 1036, provided: ‘‘That none of the funds appro- priated under this Act or under any prior Acts for the Legal Services Corporation shall be used to consider, develop, or implement any system for the competitive award of grants or contracts until such action is au- thorized pursuant to a majority vote of a Board of Di- rectors of the Legal Services Corporation composed of eleven individuals nominated by the President after January 20, 1989, and subsequently confirmed by the United States Senate, except that nothing herein shall prohibit the Corporation Board, members, or staff from engaging in in-house reviews of or holding hearings on proposals for a system for the competitive award of all grants and contracts, including support centers, and that nothing herein shall apply to any competitive awards program currently in existence; subsequent to confirmation such new Board of Directors shall develop and implement a proposed system for the competitive award of all grants and contracts’’. Pub. L. 100–459, title VI, § 605, Oct. 1, 1988, 102 Stat. 2227, provided: ‘‘That a Board of Directors of the Legal Services Corporation, composed of individuals nomi- nated by the President after January 20, 1989 and subse- quently confirmed by the United States Senate, shall develop and implement a system for the competitive award of all grants and contracts, including support centers, to take effect after September 30, 1989.’’ § 2996g. Records and reports (a) Authority to require reports The Corporation is authorized to require such reports as it deems necessary from any grantee, contractor, or person or entity receiving finan- cial assistance under this subchapter regarding activities carried out pursuant to this sub- chapter. (b) Authority to require recordkeeping; access to records The Corporation is authorized to prescribe the keeping of records with respect to funds pro- vided by grant or contract and shall have access to such records at all reasonable times for the purpose of insuring compliance with the grant or contract or the terms and conditions upon which financial assistance was provided. (c) Annual report to President and Congress; contents The Corporation shall publish an annual re- port which shall be filed by the Corporation with the President and the Congress. Such re- port shall include a description of services pro- vided pursuant to section 2996f(a)(2)(C)(i) and (ii) of this title. (d) Copies and retention of reports Copies of all reports pertinent to the evalua- tion, inspection, or monitoring of any grantee, contractor, or person or entity receiving finan- cial assistance under this subchapter shall be submitted on a timely basis to such grantee, contractor, or person or entity, and shall be maintained in the principal office of the Cor- poration for a period of at least five years subse- quent to such evaluation, inspection, or moni- toring. Such reports shall be available for public inspection during regular business hours, and copies shall be furnished, upon request, to inter- ested parties upon payment of such reasonable fees as the Corporation may establish. (e) Publication in Federal Register of rules, regu- lations, guidelines and instructions The Corporation shall afford notice and rea- sonable opportunity for comment to interested parties prior to issuing rules, regulations, and guidelines, and it shall publish in the Federal Register at least 30 days prior to their effective date all its rules, regulations, guidelines, and in- structions. (Pub. L. 88–452, title X, § 1008, as added Pub. L. 93–355, § 2, July 25, 1974, 88 Stat. 386; amended Pub. L. 95–222, § 9(b)(2), Dec. 28, 1977, 91 Stat. 1621.) Editorial Notes AMENDMENTS 1977—Subsec. (c). Pub. L. 95–222 inserted provisions setting forth required contents of annual report. Page 5664 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2996h Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–222 effective Dec. 28, 1977, see section 17(b) of Pub. L. 95–222, set out as a note under section 2996 of this title. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (c) of this section relating to filing annual report with Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and item 2 on page 202 of House Document No. 103–7. § 2996h. Audits (a) Annual audit; availability of records; filing and inspection of report (1) The accounts of the Corporation shall be audited annually. Such audits shall be con- ducted in accordance with generally accepted auditing standards by independent certified pub- lic accountants who are certified by a regu- latory authority of the jurisdiction in which the audit is undertaken. (2) The audits shall be conducted at the place or places where the accounts of the Corporation are normally kept. All books, accounts, finan- cial records, reports, files, and other papers or property belonging to or in use by the Corpora- tion and necessary to facilitate the audits shall be made available to the person or persons con- ducting the audits; and full facilities for verifying transactions with the balances and se- curities held by depositories, fiscal agents, and custodians shall be afforded to any such person. (3) The report of the annual audit shall be filed with the Government Accountability Office and shall be available for public inspection during business hours at the principal office of the Cor- poration. (b) Audit by Government Accountability Office (1) In addition to the annual audit, the finan- cial transactions of the Corporation for any fis- cal year during which Federal funds are avail- able to finance any portion of its operations may be audited by the Government Account- ability Office in accordance with such rules and regulations as may be prescribed by the Comp- troller General of the United States. (2) Any such audit shall be conducted at the place or places where accounts of the Corpora- tion are normally kept. The representatives of the Government Accountability Office shall have access to all books, accounts, financial records, reports, files, and other papers or prop- erty belonging to or in use by the Corporation and necessary to facilitate the audit; and full fa- cilities for verifying transactions with the bal- ances and securities held by depositories, fiscal agents, and custodians shall be afforded to such representatives. All such books, accounts, finan- cial records, reports, files, and other papers or property of the Corporation shall remain in the possession and custody of the Corporation throughout the period beginning on the date such possession or custody commences and end- ing three years after such date, but the Govern- ment Accountability Office may require the re- tention of such books, accounts, financial rec- ords, reports, files, papers, or property for a longer period under section 3523(c) of title 31. (3) A report of such audit shall be made by the Comptroller General to the Congress and to the President, together with such recommendations with respect thereto as he shall deem advisable. (c) Annual financial audit of recipient persons or bodies (1) The Corporation shall conduct, or require each grantee, contractor, or person or entity re- ceiving financial assistance under this sub- chapter to provide for, an annual financial audit. The report of each such audit shall be maintained for a period of at least five years at the principal office of the Corporation. (2) Upon request, the Corporation shall submit to the Comptroller General of the United States copies of such reports, and the Comptroller Gen- eral may, in addition, inspect the books, ac- counts, financial records, files, and other papers or property belonging to or in use by such grant- ee, contractor, or person or entity, which relate to the disposition or use of funds received from the Corporation. Such audit reports shall be available for public inspection, during regular business hours, at the principal office of the Cor- poration. (d) Attorney-client privilege Notwithstanding the provisions of this section or section 2996g of this title, neither the Cor- poration nor the Comptroller General shall have access to any reports or records subject to the attorney-client privilege. (Pub. L. 88–452, title X, § 1009, as added Pub. L. 93–355, § 2, July 25, 1974, 88 Stat. 387; amended Pub. L. 95–222, § 14, Dec. 28, 1977, 91 Stat. 1623; Pub. L. 104–66, title II, § 2111, Dec. 21, 1995, 109 Stat. 730; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814.) Editorial Notes CODIFICATION In subsec. (b)(2), ‘‘section 3523(c) of title 31’’ sub- stituted for ‘‘section 117(b) of the Accounting and Au- diting Act of 1950 (31 U.S.C. 67(b))’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first sec- tion of which enacted Title 31, Money and Finance. AMENDMENTS 2004—Subsecs. (a)(3), (b)(1), (2). Pub. L. 108–271 sub- stituted ‘‘Government Accountability Office’’ for ‘‘Gen- eral Accounting Office’’ wherever appearing. 1995—Subsec. (c)(2). Pub. L. 104–66 substituted ‘‘Upon request, the’’ for ‘‘The’’ in first sentence. 1977—Subsec. (b)(2). Pub. L. 95–222 inserted provisions relating to duration of retention of books, etc., by Cor- poration. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–222 effective Dec. 28, 1977, see section 17(b) of Pub. L. 95–222, set out as a note under section 2996 of this title. § 2996i. Financing (a) Authorization of appropriations There are authorized to be appropriated for the purpose of carrying out the activities of the Corporation, $90,000,000 for fiscal year 1975, $100,000,000 for fiscal year 1976, and such sums as