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42 U.S.C. § 300w–5Reports, data, and audits

submitted 82 years ago by Pub. L. 97-35 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 874 words · no verdicts yet

in plain englishAI-generated · not legal advice

States must send the Secretary an annual report on how they spent section 300w–2 payments and collected required data. States must also run independent annual audits and repay any money spent improperly. The Comptroller General reviews state spending, and the Secretary reported to Congress by 1990.

(a) Annual reports; contents; data collection; copies: (1) A state satisfies the data-collection rule in section 300w–4(c)(5)(B)(i) if, by February 1 of the next fiscal year, it sends the Secretary a report that: (A) describes what the state spent its section 300w–2 payments on; (B) describes its progress under section 300w–4(c)(5)(A); (C) meets the conditions below; and (D) includes any other information on section 300w–3 activities, in the form, that the Secretary requires. (2) (A) The Secretary, working with the states, must build uniform data sets defining health status for the year 2000 health objectives, made up of data items, plus formats for collecting and reporting them. (B) Each state must, using the Secretary's format, collect and report — for one year — the necessary information for one data item from each uniform data set, as chosen by the Secretary for that state. (C) Starting in fiscal year 1995, each state must collect and report the necessary information for every uniform data set tied to the year 2000 health objectives the state named, in its plan, as a purpose for its payments. (3) The Secretary, working with the states, must set rules for uniformly collecting and reporting data on section 300w–3 activities that don't have uniform data items yet. (4) A state must make its yearly report available for public inspection, and give a copy to anyone who asks, for no more than the cost of copying it. (b) Fiscal control; accounting procedures; annual audits; repayments and offsets; public inspection; Comptroller General evaluations; report to Congress: (1) Each state must set up fiscal controls and accounting procedures to properly track federal funds it gets under section 300w–2 and funds transferred under section 300w–3(c). (2) Each state must audit its own spending every year, using an auditor independent of the agency running the program, following the Comptroller General's government-auditing standards as closely as practical. Within 30 days of each audit, the state's chief executive officer must send a copy to the Secretary. (3) After the Secretary gives a state notice and a chance for an in-state hearing, the state must repay any money not spent according to this part's rules or the state's certification. If it doesn't repay, the Secretary — after another notice-and-hearing — may offset the amount against the state's future allotments. (4) The state must make its reports and audits available for public inspection within the state. (5) The Comptroller General must periodically evaluate state spending of these grants, to check it matches the law and the state's certification. (6) By October 1, 1990, the Secretary must report to Congress on what states did with this funding, and may recommend legislative changes. (c) Inapplicability of title XVII of Omnibus Budget Reconciliation Act of 1981: That law's audit rules do not apply to audits of funds allotted under this part.
the actual law source: uscode.house.gov ↗public domain
(a) Annual reports; contents; data collection; copies
(1)

For purposes of section 300w–4(c)(5)(B)(i) of this title, a State is collecting and reporting data for a fiscal year in accordance with this subsection if the State submits to the Secretary, not later than February 1 of the succeeding fiscal year, a report that—

(A)

describes the purposes for which the State expended payments made to the State under section 300w–2 of this title;

(B)

pursuant to section 300w–4(c)(5)(A) of this title, describes the extent of progress made by the State for purposes of such section;

(C)

meets the conditions described in the subsequent paragraphs of this subsection; and

(D)

contains such additional information regarding activities authorized in section 300w–3 of this title, and is submitted in such form, as the Secretary may require.

(2)
(A)

The Secretary, in consultation with the States, shall develop sets of data for uniformly defining health status for purposes of the year 2000 health objectives (which sets are in this subsection referred to as “uniform data sets”). Each of such sets shall consist of one or more categories of information (in this subsection individually referred to as a “uniform data item”). The Secretary shall develop formats for the uniform collecting and reporting of information on such items.

(B)

A condition under paragraph (1)(C) for a fiscal year is that the State involved will, in accordance with the applicable format under subparagraph (A), collect during such year, and include in the report under paragraph (1), the necessary information for one uniform data item from each of the uniform data sets, which items are selected for the State by the Secretary.

(C)

In the case of fiscal year 1995 and each subsequent fiscal year, a condition under paragraph (1) for a State is that the State will, in accordance with the applicable format under subparagraph (A), collect during such year, and include in the report under paragraph (1), the necessary information for each of the uniform data sets appropriate to the year 2000 health objectives that the State has, in the State plan submitted under section 300w–4 of this title for the fiscal year, specified as a purpose for which payments under section 300w–2 of this title are to be expended.

(3)

The Secretary, in consultation with the States, shall establish criteria for the uniform collection and reporting of data on activities authorized in section 300w–3 of this title with respect to which no uniform data items exist.

(4)

A condition under paragraph (1) for a fiscal year is that the State involved will make copies of the report submitted under such paragraph for the fiscal year available for public inspection, and will upon request provide a copy of the report to any individual for a charge not exceeding the cost of providing the copy.

(b) Fiscal control; accounting procedures; annual audits; repayments and offsets; public inspection; Comptroller General evaluations; report to Congress
(1)

Each State shall establish fiscal control and fund accounting procedures as may be necessary to assure the proper disbursal of and accounting for Federal funds paid to the State under section 300w–2 of this title and funds transferred under section 300w–3(c) of this title for use under this part.

(2)

Each State shall annually audit its expenditures from payments received under section 300w–2 of this title. Such State audits shall be conducted by an entity independent of any agency administering a program funded under this part and, in so far as practical, in accordance with the Comptroller General’s standards for auditing governmental organizations, programs, activities, and functions. Within 30 days following the date each audit is completed, the chief executive officer of the State shall transmit a copy of that audit to the Secretary.

(3)

Each State shall, after being provided by the Secretary with adequate notice and opportunity for a hearing within the State, repay to the United States amounts found not to have been expended in accordance with the requirements of this part or the certification provided by the State under section 300w–4 of this title. If such repayment is not made, the Secretary shall, after providing the State with adequate notice and opportunity for a hearing within the State, offset such amounts against the amount of any allotment to which the State is or may become entitled under this part.

(4)

The State shall make copies of the reports and audits required by this section available for public inspection within the State.

(5)

The Comptroller General of the United States shall, from time to time, evaluate the expenditures by States of grants under this part in order to assure that expenditures are consistent with the provisions of this part and the certification provided by the State under section 300w–4 of this title.

(6)

Not later than October 1, 1990, the Secretary shall report to the Congress on the activities of the States that have received funds under this part and may include in the report any recommendations for appropriate changes in legislation.

(c) Inapplicability of title XVII of Omnibus Budget Reconciliation Act of 1981

Title XVII of the Omnibus Budget Reconciliation Act of 1981 shall not apply with respect to audits of funds allotted under this part.

Source credit: (July 1, 1944, ch. 373, title XIX, § 1906, as added Pub. L. 97–35, title IX, § 901, Aug. 13, 1981, 95 Stat. 540; amended Pub. L. 98–555, § 5(b), (c), Oct. 30, 1984, 98 Stat. 2855, 2856; Pub. L. 100–607, title III, § 301(d), Nov. 4, 1988, 102 Stat. 3112; Pub. L. 102–531, title I, § 104, Oct. 27, 1992, 106 Stat. 3473.)

history & why it existsrecord from the source credit
  • 1944Enacted · Pub. L. 97-35 · 95 Stat. 540
  • 1984Amended · Pub. L. 98-555 · 98 Stat. 2855, 2856
  • 1988Amended · Pub. L. 100-607 · 102 Stat. 3112
  • 1992Amended · Pub. L. 102-531 · 106 Stat. 3473

A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-35 on 1944-07-01.

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