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42 U.S.C. § 300ee–15Requirement of reports and audits by States

submitted 82 years ago by Pub. L. 100-607 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 505 words · no verdicts yet

in plain englishAI-generated · not legal advice

States getting AIDS-education money must send the Secretary an annual report. The report shows how the money was spent and whether it matched state needs and the law's purpose. States must also get regular financial audits and share the reports and audits with the public. The Comptroller General periodically checks that spending followed the law.

(a) Reports The Secretary can't pay a state under section 300ee-11(a) for a fiscal year unless the state agrees to submit an annual report, in whatever form and with whatever information the Secretary decides is necessary, to: (1) record and describe what the state spent its payments on, and who received them; (2) check whether the money was spent to meet the needs the state had to identify under section 300ee-13(a)(2); (3) check whether the money was spent for the purpose described in section 300ee-11(b); and (4) figure out what percentage of the money the state spent on administrative expenses during the previous fiscal year. (b) Audits (1) The Secretary can't pay a state unless it agrees to set up fiscal control and accounting procedures to properly track and account for the money. (2) The Secretary can't pay a state unless it agrees that: (A) it will arrange either a financial and compliance audit of the payments, or a single audit of each entity that manages the payments; (B) the audit happens every two years and covers spending for each of those years; and (C) the audit follows standards the U.S. Comptroller General sets for auditing government programs and activities. (3) The Secretary can't pay a state unless it agrees to send a copy of the audit report to the state legislature within 30 days after the audit is finished. (4) "Financial and compliance audit" means an audit checking whether the entity's financial statements fairly show its financial position and results, following standard accounting rules, and whether it followed the laws and regulations that affect those statements. (c) Availability to public The Secretary can't pay a state unless it agrees to make the reports and audits described in this section available for the public to inspect. (d) Evaluations by Comptroller General The Comptroller General of the United States must, from time to time, evaluate how states spend the payments they receive under section 300ee-11(a), to make sure the spending matches this part's rules.
the actual law source: uscode.house.gov ↗public domain
(a) Reports

The Secretary may not make payments under section 300ee–11(a) of this title for a fiscal year unless the State involved agrees to prepare and submit to the Secretary an annual report in such form and containing such information as the Secretary determines to be necessary for—

(1)

securing a record and a description of the purposes for which payments received by the State pursuant to such section were expended and of the recipients of such payments;

(2)

determining whether the payments were expended in accordance with the needs within the State required to be identified pursuant to section 300ee–13(a)(2) of this title;

(3)

determining whether the payments were expended in accordance with the purpose described in section 300ee–11(b) of this title; and

(4)

determining the percentage of payments received pursuant to such section that were expended by the State for administrative expenses during the preceding fiscal year.

(b) Audits
(1)

The Secretary may not make payments under section 300ee–11(a) of this title for a fiscal year unless the State involved agrees to establish such fiscal control and fund accounting procedures as may be necessary to ensure the proper disbursal of, and accounting for, amounts received by the State under such section.

(2)

The Secretary may not make payments under section 300ee–11(a) of this title for a fiscal year unless the State involved agrees that—

(A)

the State will provide for—

(i)

a financial and compliance audit of such payments; or

(ii)

a single financial and compliance audit of each entity administering such payments;

(B)

the audit will be performed biennially and will cover expenditures in each fiscal year; and

(C)

the audit will be conducted in accordance with standards established by the Comptroller General of the United States for the audit of governmental organizations, programs, activities, and functions.

(3)

The Secretary may not make payments under section 300ee–11(a) of this title for a fiscal year unless the State involved agrees that, not later than 30 days after the completion of an audit under paragraph (2), the State will provide a copy of the audit report to the State legislature.

(4)

For purposes of paragraph (2), the term “financial and compliance audit” means an audit to determine whether the financial statements of an audited entity present fairly the financial position, and the results of financial operations, of the entity in accordance with generally accepted accounting principles, and whether the entity has complied with laws and regulations that may have a material effect upon the financial statements.

(c) Availability to public

The Secretary may not make payments under section 300ee–11(a) of this title for a fiscal year unless the State involved agrees to make copies of the reports and audits described in this section available for public inspection.

(d) Evaluations by Comptroller General

The Comptroller General of the United States shall, from time to time, evaluate the expenditures by States of payments received under section 300ee–11(a) of this title in order to ensure that expenditures are consistent with the provisions of this part.

Source credit: (July 1, 1944, ch. 373, title XXV, formerly title XV, § 2505, as added Pub. L. 100–607, title II, § 221, Nov. 4, 1988, 102 Stat. 3095; amended Pub. L. 100–690, title II, § 2619(d), Nov. 18, 1988, 102 Stat. 4242; renumbered title XXV, Pub. L. 101–93, § 5(e)(1), Aug. 16, 1989, 103 Stat. 612.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 100-607 · 102 Stat. 3095
  • 1988Amended · Pub. L. 100-690 · 102 Stat. 4242
  • 1989Amended · Pub. L. 101-93 · 103 Stat. 612

A history note hasn’t been published yet. The record shows enactment by Pub. L. 100-607 on 1944-07-01.

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