Title 42The Public Health and WelfareRelease 119-73

§9916 Fiscal controls, audits, and withholding

Title 42 › Chapter CHAPTER 106— - COMMUNITY SERVICES BLOCK GRANT PROGRAM › § 9916

Last updated Apr 6, 2026|Official source

Summary

States that get money under this law must set up money controls and accounting so the federal funds are spent and tracked properly. They must follow Office of Management and Budget cost and accounting rules. At least once a year the State must have an independent audit of how it spent the funds and any transfers, and must let the Secretary and the Comptroller General see and copy records if asked. Audits must follow generally accepted accounting principles and the rules in chapter 75 of title 31 (the Single Audit Act Amendments of 1996). Within 30 days after an audit finishes, the State’s chief executive must give a free copy to any audited entity, the state legislature, and the Secretary. Money found to be spent wrongly must be paid back or may be offset by the Secretary. The Secretary may withhold grants under sections 9905 or 9906 after notice and a hearing if a State is not using the funds as required or as promised under section 9908. The Secretary must act quickly on serious complaints. If many complaints appear in one fiscal year, the Secretary must investigate the State’s use of the funds.

Full Legal Text

Title 42, §9916

The Public Health and Welfare — Source: USLM XML via OLRC

(a)(1)A State that receives funds under this chapter shall—
(A)establish fiscal control and fund accounting procedures necessary to assure the proper disbursal of and accounting for Federal funds paid to the State under this chapter, including procedures for monitoring the funds provided under this chapter;
(B)ensure that cost and accounting standards of the Office of Management and Budget apply to a recipient of the funds under this chapter;
(C)subject to paragraph (2), prepare, at least every year, an audit of the expenditures of the State of amounts received under this chapter and amounts transferred to carry out the purposes of this chapter; and
(D)make appropriate books, documents, papers, and records available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for examination, copying, or mechanical reproduction on or off the premises of the appropriate entity upon a reasonable request for the items.
(2)(A)Subject to subparagraph (B), each audit required by subsection (a)(1)(C) shall be conducted by an entity independent of any agency administering activities or services carried out under this chapter and shall be conducted in accordance with generally accepted accounting principles.
(B)Audits shall be conducted under this paragraph in the manner and to the extent provided in chapter 75 of title 31 (commonly known as the “Single Audit Act Amendments of 1996”).
(C)Within 30 days after the completion of each such audit in a State, the chief executive officer of the State shall submit a copy of such audit to any eligible entity that was the subject of the audit at no charge, to the legislature of the State, and to the Secretary.
(3)The State shall repay to the United States amounts found not to have been expended in accordance with this chapter or the Secretary may offset such amounts against any other amount to which the State is or may become entitled under this chapter.
(b)(1)The Secretary shall, after providing adequate notice and an opportunity for a hearing conducted within the affected State, withhold funds from any State that does not utilize the grant or allotment under section 9905 or 9906 of this title in accordance with the provisions of this chapter, including the assurances such State provided under section 9908 of this title.
(2)The Secretary shall respond in an expeditious and speedy manner to complaints of a substantial or serious nature that a State has failed to use funds in accordance with the provisions of this chapter, including the assurances provided by the State under section 9908 of this title. For purposes of this paragraph, a complaint of a failure to meet any one of the assurances provided under section 9908 of this title that constitutes disregarding that assurance shall be considered to be a complaint of a serious nature.
(3)Whenever the Secretary determines that there is a pattern of complaints of failures described in paragraph (2) from any State in any fiscal year, the Secretary shall conduct an investigation of the use of funds received under this chapter by such State in order to ensure compliance with the provisions of this chapter.

Reference

Citations & Metadata

Citation

42 U.S.C. § 9916

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73