42 U.S.C. § 2996h: Audits

Summary

The Corporation must have its accounts checked every year by independent certified public accountants who follow standard auditing rules. The audits must be done where the Corporation keeps its records. Auditors must be given all books, records, reports, files, and help to verify balances and holdings. The yearly audit report must be filed with the Government Accountability Office and be available for the public to inspect at the Corporation’s main office during business hours. If federal money helps pay any of the Corporation’s operations, the Government Accountability Office (GAO) may also audit those financial transactions under rules set by the Comptroller General. GAO staff can inspect the same records and can require the Corporation to keep them for at least three years, or longer under section 3523(c) of title 31. GAO will report its audit results to Congress and the President. The Corporation must also require that each grantee, contractor, or other recipient of its funds have an annual financial audit and keep those audit reports for at least five years at the main office. The Comptroller General can request copies and inspect recipients’ records about the funds. Records protected by attorney‑client privilege cannot be accessed by the Corporation or the Comptroller General.

Title 42, §2996h

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

(a)Annual audit; availability of records; filing and inspection of report

(1)The accounts of the Corporation shall be audited annually. Such audits shall be conducted in accordance with generally accepted auditing standards by independent certified public accountants who are certified by a regulatory authority of the jurisdiction in which the audit is undertaken.

(2)The audits shall be conducted at the place or places where the accounts of the Corporation are normally kept. All books, accounts, financial records, reports, files, and other papers or property belonging to or in use by the Corporation and necessary to facilitate the audits shall be made available to the person or persons conducting the audits; and full facilities for verifying transactions with the balances and securities held by depositories, fiscal agents, and custodians shall be afforded to any such person.

(3)The report of the annual audit shall be filed with the Government Accountability Office and shall be available for public inspection during business hours at the principal office of the Corporation.

(b)Audit by Government Accountability Office

(1)In addition to the annual audit, the financial transactions of the Corporation for any fiscal year during which Federal funds are available to finance any portion of its operations may be audited by the Government Accountability Office in accordance with such rules and regulations as may be prescribed by the Comptroller General of the United States.

(2)Any such audit shall be conducted at the place or places where accounts of the Corporation are normally kept. The representatives of the Government Accountability Office shall have access to all books, accounts, financial records, reports, files, and other papers or property belonging to or in use by the Corporation and necessary to facilitate the audit; and full facilities for verifying transactions with the balances and securities held by depositories, fiscal agents, and custodians shall be afforded to such representatives. All such books, accounts, financial records, reports, files, and other papers or property of the Corporation shall remain in the possession and custody of the Corporation throughout the period beginning on the date such possession or custody commences and ending three years after such date, but the Government Accountability Office may require the retention of such books, accounts, financial records, reports, files, papers, or property for a longer period under section 3523(c) of title 31.

(3)A report of such audit shall be made by the Comptroller General to the Congress and to the President, together with such recommendations with respect thereto as he shall deem advisable.

(c)Annual financial audit of recipient persons or bodies

(1)The Corporation shall conduct, or require each grantee, contractor, or person or entity receiving financial assistance under this subchapter to provide for, an annual financial audit. The report of each such audit shall be maintained for a period of at least five years at the principal office of the Corporation.

(2)Upon request, the Corporation shall submit to the Comptroller General of the United States copies of such reports, and the Comptroller General may, in addition, inspect the books, accounts, financial records, files, and other papers or property belonging to or in use by such grantee, contractor, or person or entity, which relate to the disposition or use of funds received from the Corporation. Such audit reports shall be available for public inspection, during regular business hours, at the principal office of the Corporation.

(d)Attorney-client privilege

Notwithstanding the provisions of this section or section 2996g of this title, neither the Corporation nor the Comptroller General shall have access to any reports or records subject to the attorney-client privilege.

Notes & Related Subsidiaries

Editorial Notes

Codification In subsec. (b)(2), “section 3523(c) of title 31” substituted for “section 117(b) of the Accounting and Auditing Act of 1950 (31 U.S.C. 67(b))” on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

Amendments

2004—Subsecs. (a)(3), (b)(1), (2). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” wherever appearing. 1995—Subsec. (c)(2). Pub. L. 104–66 substituted “Upon request, the” for “The” in first sentence. 1977—Subsec. (b)(2). Pub. L. 95–222 inserted provisions relating to duration of retention of books, etc., by Corporation.

Statutory Notes and Related Subsidiaries

Effective Date

of 1977 AmendmentAmendment by Pub. L. 95–222 effective Dec. 28, 1977, see section 17(b) of Pub. L. 95–222, set out as a note under section 2996 of this title.

§2996h Audits