42 U.S.C. § 290aa–15: Department of Health and…

Summary

Requires grants under the Act to follow specific accountability rules. Applicable committees are the Senate Committee on Health, Education, Labor and Pensions and the House Committee on Energy and Commerce. A covered grant is any grant under the Act, including ones run by the Substance Abuse and Mental Health Services Administration under section 1536 of title 21. A grantee is a grant recipient. The Secretary means the Secretary of Health and Human Services. Each covered grant must follow three main rules. Grantees must report how well their funded activities worked, including how many people were served, how many who sought help could not be served, and other information the Secretary asks for. Within 1 year after July 22, 2016, the Secretary, with the HHS Inspector General, must send the applicable committees a report on policies to prevent waste, fraud, and abuse, including rules to stop unauthorized spending and duplicate grants. No funds may be used for a conference that costs more than $20,000 from these funds unless the program head gives written approval that includes a full cost estimate (food, drinks, audio-visual, speaker fees, entertainment). The Secretary must send the applicable committees an annual report of all such approved conference spending.

Title 42, §290aa–15

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

(1)Definitions

In this section: (A) Applicable committees

(B)Covered grant

The term “covered grant” means a grant awarded by the Secretary under a program established under this Act (or an amendment made by this Act, other than sections 703 through 707), including any grant administered by the Administrator of the Substance Abuse and Mental Health Services Administration under section 1536 of title 21.

(C)Grantee

The term “grantee” means the recipient of a covered grant.

(D)Secretary

The term “Secretary” means the Secretary of Health and Human Services.

(2)Accountability measures

Each covered grant shall be subject to the following accountability requirements:

(A)Effectiveness report

The Secretary shall require grantees to report on the effectiveness of the activities carried out with amounts made available to carry out the program under which the covered grant is awarded, including the number of persons served by such grant, if applicable, the number of persons seeking services who could not be served by such grant, and such other information as the Secretary may prescribe.

(B)Report on prevention of fraud, waste, and abuse

(i)In general

Not later than 1 year after July 22, 2016, the Secretary, in coordination with the Inspector General of the Department of Health and Human Services, shall submit to the applicable committees a report on the policies and procedures the Department has in place to prevent waste, fraud, and abuse in the administration of covered grants.

(ii)Contents

The policies and procedures referred to in clause (i) shall include policies and procedures that are designed to—

(I)prevent grantees from utilizing funds awarded through a covered grant for unauthorized expenditures or otherwise unallowable costs; and

(II)ensure grantees will not receive unwarranted duplicate grants for the same purpose.

(C)Conference expenditures

(i)In general

No amounts made available to the Secretary under this Act (or in a provision of law amended by this Act, other than sections 703 through 707) may be used by the Secretary, or by any individual or entity awarded discretionary funds through a cooperative agreement under a program established under this Act (or in a provision of law amended by this Act), to host or support any expenditure for conferences that uses more than $20,000 in funds made available by the Secretary, unless the head of the relevant operating division or program office provides prior written authorization that the funds may be expended to host or support the conference. Such written authorization shall include a written estimate of all costs associated with the conference, including the cost of all food, beverages, audio-visual equipment, honoraria for speakers, and entertainment.

(ii)Report

The Secretary (or the Secretary’s designee) shall submit to the applicable committees an annual report on all conference expenditures approved by the Secretary under this subparagraph.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This Act, referred to in pars. (1)(B) and (2)(C)(i), is Pub. L. 114–198, July 22, 2016, 130 Stat. 695, known as the Comprehensive Addiction and Recovery Act of 2016. section 703 of the Act is not classified to the Code, and sections 704 to 707 of the Act enacted section 1320a–7n of this title, amended section 1395w–101, 1395w–104, 1395w–152, 1395ddd, 1395iii, 1396a, 1396r–8, 1396w–1, and 1397bb of this title, and enacted provisions set out as notes under section 1395w–101 and 1396r–8 of this title. For complete classification of this Act to the Code, see

Short Title

of 2016 Amendment note set out under section 201 of this title and Tables. Codification Section was enacted as part of the Comprehensive Addiction and Recovery Act of 2016, and not as part of the Public Health Service Act which comprises this chapter.

Statutory Notes and Related Subsidiaries

Additional Report Pub. L. 114–198, title VII, § 701(e), July 22, 2016, 130 Stat. 740, provided that: “In the case of a report submitted under subsection (c) [enacting this section] to the applicable committees, if such report pertains to a grant under section 103 [21 U.S.C. 1536], that report shall also be submitted, in the same manner and at the same time, to the Committee on Oversight and Government Reform [now Committee on Oversight and Accountability] of the House of Representatives and to the Committee on the Judiciary of the Senate.”

§290aa–15 Department of Health and Human Services Grant Accountability