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31 U.S.C. § 7502 — Audit requirements; exemptions

submitted 42 years ago by Pub. L. 98-502 to r/title-31-MONEY-AND-FINANCE · 1,375 words · no verdicts yet

in plain englishAI-generated · not legal advice

Nonprofits, states, and local governments that spend $300,000 or more in Federal awards in a fiscal year must get a single audit, or in some cases a program-specific audit, by an independent auditor. The Director must review the threshold every 2 years, and may adjust it consistently with this chapter's purposes but may not set it below $300,000.

(a)(1) Entities spending $300,000 or more in federal awards in a fiscal year, or another amount the Director sets, must have a single audit or program-specific audit: (A) is the general rule; (B) an entity with more than one federal program must get a single audit; (C) an entity with only one program, not otherwise required to get a financial statement audit, may choose a program-specific audit instead.
(2)(A) Entities spending less than $300,000, or the Director's other amount, are exempt that year from (i) this chapter's audit requirements and (ii) other federal financial-audit requirements tied to those programs. (B) This exemption doesn't excuse the entity from keeping required records or from letting federal agencies, pass-through entities, or the Comptroller General access those records.
(3) Every 2 years, the Director must review the $300,000 threshold and may adjust it in accordance with the purposes of this chapter, but may not adjust it below $300,000.

(b)(1) Audits are normally annual. (2) A state or local government whose constitution or law, as of January 1, 1987, required less-frequent audits may audit biennially, covering both years each time. (3) A nonprofit that did biennial audits for every two-year period ending between July 1, 1992, and January 1, 1995, may also audit biennially, covering both years.

(c) Audits must be done by an independent auditor following government auditing standards; performance audits aren't required unless the Director authorizes them.

(d) A single audit must either (1) cover the entire entity, or (2), at the entity's choice, be a series of audits covering its departments or units that handled federal awards, each treated as its own "non-Federal entity" for audit purposes.

(e) The auditor must (1) check whether the financial statements are fairly presented under standard accounting rules; (2) check whether the schedule of federal award spending is fairly presented relative to those statements; (3) for internal controls on each major program's compliance requirements, (A) understand the controls, (B) assess control risk, and (C) test the controls unless they're clearly ineffective; and (4) determine whether the entity complied with the laws, regulations, and grant or contract terms that materially affect each major program.

(f)(1) Each federal agency giving awards must (A) tell recipients the program names, ID numbers, and requirements that apply, and (B) review recipient audits to check whether they've properly fixed audit findings. (2) Each pass-through entity must (A) give subrecipients the same program information, (B) monitor subrecipients through site visits, limited audits, or other means, (C) review subrecipient audits for corrective action, and (D) require subrecipients to let its independent auditor access their records as needed.

(g)(1) The auditor must report results following the Director's guidance. (2) For a single audit, the report must summarize results on the entity's financial statements, internal controls, and legal compliance.

(h) The entity must electronically submit its full reporting package, meaning financial statements, schedule of federal awards, corrective action plan, and audit reports, to a federal clearinghouse the Director designates, and make it public within the earlier of (1) 30 days after getting the auditor's report, or (2)(A) 13 months after the audit period ends, during a transition period after the 1996 Single Audit Act Amendments, or (B) for later years, 9 months after the period ends, unless the agency allows more time because 9 months would be an undue burden.

(i) If an audit finds problems, such as material noncompliance with a major program's requirements or weak internal controls, the entity must submit a corrective action plan to fix them, or explain why no correction is needed, consistent with the Comptroller General's audit-resolution standards.

(j) The Director may authorize pilot projects testing alternative ways to meet this chapter's goals, but only after consulting the top members of the relevant Senate and House committees.

the actual law source: uscode.house.gov ↗public domain
(a)
(1)
(A)

Each non-Federal entity that expends a total amount of Federal awards equal to or in excess of $300,000 or such other amount specified by the Director under subsection (a)(3) in any fiscal year of such non-Federal entity shall have either a single audit or a program-specific audit made for such fiscal year in accordance with the requirements of this chapter.

(B)

Each such non-Federal entity that expends Federal awards under more than one Federal program shall undergo a single audit in accordance with the requirements of subsections (b) through (i) of this section and guidance issued by the Director under section 7505.

(C)

Each such non-Federal entity that expends awards under only one Federal program and is not subject to laws, regulations, or Federal award agreements that require a financial statement audit of the non-Federal entity, may elect to have a program-specific audit conducted in accordance with applicable provisions of this section and guidance issued by the Director under section 7505.

(2)
(A)

Each non-Federal entity that expends a total amount of Federal awards of less than $300,000 or such other amount specified by the Director under subsection (a)(3) in any fiscal year of such entity, shall be exempt for such fiscal year from compliance with—

(i)

the audit requirements of this chapter; and

(ii)

any applicable requirements concerning financial audits contained in Federal statutes and regulations governing programs under which such Federal awards are provided to that non-Federal entity.

(B)

The provisions of subparagraph (A)(ii) of this paragraph shall not exempt a non-Federal entity from compliance with any provision of a Federal statute or regulation that requires such non-Federal entity to maintain records concerning Federal awards provided to such non-Federal entity or that permits a Federal agency, pass-through entity, or the Comptroller General access to such records.

(3)

Every 2 years, the Director shall review the amount for requiring audits prescribed under paragraph (1)(A) and may adjust such dollar amount consistent with the purposes of this chapter, provided the Director does not make such adjustments below $300,000.

(b)
(1)

Except as provided in paragraphs (2) and (3), audits conducted pursuant to this chapter shall be conducted annually.

(2)

A State or local government that is required by constitution or statute, in effect on January 1, 1987, to undergo its audits less frequently than annually, is permitted to undergo its audits pursuant to this chapter biennially. Audits conducted biennially under the provisions of this paragraph shall cover both years within the biennial period.

(3)

Any nonprofit organization that had biennial audits for all biennial periods ending between July 1, 1992, and January 1, 1995, is permitted to undergo its audits pursuant to this chapter biennially. Audits conducted biennially under the provisions of this paragraph shall cover both years within the biennial period.

(c)

Each audit conducted pursuant to subsection (a) shall be conducted by an independent auditor in accordance with generally accepted government auditing standards, except that, for the purposes of this chapter, performance audits shall not be required except as authorized by the Director.

(d)

Each single audit conducted pursuant to subsection (a) for any fiscal year shall—

(1)

cover the operations of the entire non-Federal entity; or

(2)

at the option of such non-Federal entity such audit shall include a series of audits that cover departments, agencies, and other organizational units which expended or otherwise administered Federal awards during such fiscal year provided that each such audit shall encompass the financial statements and schedule of expenditures of Federal awards for each such department, agency, and organizational unit, which shall be considered to be a non-Federal entity.

(e)

The auditor shall—

(1)

determine whether the financial statements are presented fairly in all material respects in conformity with generally accepted accounting principles;

(2)

determine whether the schedule of expenditures of Federal awards is presented fairly in all material respects in relation to the financial statements taken as a whole;

(3)

with respect to internal controls pertaining to the compliance requirements for each major program—

(A)

obtain an understanding of such internal controls;

(B)

assess control risk; and

(C)

perform tests of controls unless the controls are deemed to be ineffective; and

(4)

determine whether the non-Federal entity has complied with the provisions of laws, regulations, and contracts or grants pertaining to Federal awards that have a direct and material effect on each major program.

(f)
(1)

Each Federal agency which provides Federal awards to a recipient shall—

(A)

provide such recipient the program names (and any identifying numbers) from which such awards are derived, and the Federal requirements which govern the use of such awards and the requirements of this chapter; and

(B)

review the audit of a recipient as necessary to determine whether prompt and appropriate corrective action has been taken with respect to audit findings, as defined by the Director, pertaining to Federal awards provided to the recipient by the Federal agency.

(2)

Each pass-through entity shall—

(A)

provide such subrecipient the program names (and any identifying numbers) from which such assistance is derived, and the Federal requirements which govern the use of such awards and the requirements of this chapter;

(B)

monitor the subrecipient’s use of Federal awards through site visits, limited scope audits, or other means;

(C)

review the audit of a subrecipient as necessary to determine whether prompt and appropriate corrective action has been taken with respect to audit findings, as defined by the Director, pertaining to Federal awards provided to the subrecipient by the pass-through entity; and

(D)

require each of its subrecipients of Federal awards to permit, as a condition of receiving Federal awards, the independent auditor of the pass-through entity to have such access to the subrecipient’s records and financial statements as may be necessary for the pass-through entity to comply with this chapter.

(g)
(1)

The auditor shall report on the results of any audit conducted pursuant to this section, in accordance with guidance issued by the Director.

(2)

When reporting on any single audit, the auditor shall include a summary of the auditor’s results regarding the non-Federal entity’s financial statements, internal controls, and compliance with laws and regulations.

(h)

The non-Federal entity shall transmit the reporting package, in an electronic form in accordance with the data standards established under chapter 64 and which shall include the non-Federal entity’s financial statements, schedule of expenditures of Federal awards, corrective action plan defined under subsection (i), and auditor’s reports developed pursuant to this section, to a Federal clearinghouse designated by the Director, and make it available for public inspection within the earlier of—

(1)

30 days after receipt of the auditor’s report; or

(2)
(A)

for a transition period of at least 2 years after the effective date of the Single Audit Act Amendments of 1996, as established by the Director, 13 months after the end of the period audited; or

(B)

for fiscal years beginning after the period specified in subparagraph (A), 9 months after the end of the period audited, or within a longer timeframe authorized by the Federal agency, determined under criteria issued under section 7504, when the 9-month timeframe would place an undue burden on the non-Federal entity.

(i)

If an audit conducted pursuant to this section discloses any audit findings, as defined by the Director, including material noncompliance with individual compliance requirements for a major program by, or reportable conditions in the internal controls of, the non-Federal entity with respect to the matters described in subsection (e), the non-Federal entity shall submit to Federal officials designated by the Director, a plan for corrective action to eliminate such audit findings or reportable conditions or a statement describing the reasons that corrective action is not necessary. Such plan shall be consistent with the audit resolution standard promulgated by the Comptroller General (as part of the standards for internal controls in the Federal Government) pursuant to section 3512(c).

(j)

The Director may authorize pilot projects to test alternative methods of achieving the purposes of this chapter. Such pilot projects may begin only after consultation with the Chair and Ranking Minority Member of the Committee on Governmental Affairs of the Senate and the Chair and Ranking Minority Member of the Committee on Government Reform and Oversight of the House of Representatives.

Source credit: (Added Pub. L. 98–502, § 2(a), Oct. 19, 1984, 98 Stat. 2329; amended Pub. L. 103–272, § 4(f)(1)(W), July 5, 1994, 108 Stat. 1363; Pub. L. 104–156, § 2, July 5, 1996, 110 Stat. 1399; Pub. L. 116–103, § 5(a)(1), Dec. 30, 2019, 133 Stat. 3270.)

history & why it existsrecord from the source credit
  • 1984Enacted · Pub. L. 98-502 · 98 Stat. 2329
  • 1994Amended · Pub. L. 103-272 · 108 Stat. 1363
  • 1996Amended · Pub. L. 104-156 · 110 Stat. 1399
  • 2019Amended · Pub. L. 116-103 · 133 Stat. 3270

A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-502 on 1984-10-19.

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