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Title 42 — The Public Health and Welfare

Chapter 113 — State Justice Institute

§ 10711. Audits

Statutory text

(a)

Time and place of audits; standards; availability of books, accounts, facilities, etc., to auditors; filing of report and availability for public inspection

(1)

The accounts of the Institute 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 Institute are normally kept. All books, accounts, financial records, reports, files, and other papers or property belonging to or in use by the Institute and necessary to facilitate the audits shall be made available to the person or persons conducting the audits. The 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 Institute.

(b)

Additional audits; requirements; reports and recommendations to Congress and Attorney General

(1)

In addition to the annual audit, the financial transactions of the Institute 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 Institute 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 Institute and necessary to facilitate the audit. The 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 Institute shall remain in the possession and custody of the Institute 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, and other 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 Attorney General, together with such recommendations with respect thereto as the Comptroller General deems advisable.

(c)

Annual audits by Institute or recipients; reports; submission of copies to Comptroller General; inspection of books, accounts, etc.; availability of audit reports for public inspection

(1)

The Institute shall conduct, or require each recipient to provide for, an annual fiscal audit. The report of each such audit shall be maintained for a period of at least five years at the principal office of the Institute.

(2)

The Institute 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, person, or entity, which relate to the disposition or use of funds received from the Institute. Such audit reports shall be available for public inspection during regular business hours, at the principal office of the Institute.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. State Justice Institute Act of 1984

    Pub. L. 98–620 title II § 212 · 98 Stat. 3335

    Enacted · 42 U.S.C. § 10711

    Pub. L. 98–620, title II, § 212, Nov. 8, 1984, 98 Stat. 3345

    Source evidence

    Code source credit
    Pub. L. 98–620, title II, § 212, Nov. 8, 1984, 98 Stat. 3345

    Enacted provision · exact public law section
    Sec. 212. audits (a) (1) The accounts of the Institute shall be audited 42 USC 10711. 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 Institute are normally kept. All books, accounts, financial records, reports, files, and other papers or property belonging to or in use by the Institute and necessary to facilitate the audits shall be made available to the person or persons conducting the audits. The 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 General Report. Public availability. Accounting Office and shall be available for public inspection during business hours at the principal office of the Institute. (b) (1) In addition to the annual audit, the financial transactions of the Institute for any fiscal year during which Federal funds are available to finance any portion of its operations may be audited by the General Accounting 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 Institute are normally kept. The representatives of the General Accounting Office shall have access to all books, accounts, financial records, reports, files, and other papers or property belonging to or in use by the Institute and necessary to facilitate the audit. The 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 Institute shall remain in the possession and custody of the Institute throughout the period beginning on the date such possession or custody commences and ending three years after such date, but the General Accounting Office may require the retention of such books, accounts, financial records, reports, files, and other papers or property for a longer period under section 3523(c) of title 31, United States Code. (3) A report of such audit shall be made by the Comptroller General to the Congress and to the Attorney General, together with such recommendations with respect thereto as the Comptroller General deems advisable. (c) (1) The Institute shall conduct, or require each recipient to provide for, an annual fiscal audit. The report of each such audit shall be maintained for a period of at least five years at the principal office of the Institute. (2) The Institute 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, person, or entity, which relate to the disposition or use of Public availability. funds received from the Institute. Such audit reports shall be available for public inspection during regular business hours, at the principal office of the Institute.

  2. GAO Human Capital Reform Act of 2004

    Pub. L. 108–271 § 8(b) · 118 Stat. 811

    Substituted · 42 U.S.C. § 10711(a)(3); 42 U.S.C. § 10711(b)(1); 42 U.S.C. § 10711(a)(2)

    Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” wherever appearing

    Source evidence

    Code amendment note
    Subsecs. (a)(3), (b)(1), (2). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” wherever appearing.

    Enacted provision · exact public law section
    (b) References.— Any reference to the General Accounting Office in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act shall be considered to refer and apply to the Government Accountability Office.

2 of 2 references resolved to an enrolled provision

Editorial Notes

Amendments

2004—Subsecs. (a)(3), (b)(1), (2). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective , see section 216 of Pub. L. 98–620, set out as a note under section 10701 of this title.

Credits

1984–2004 · 2 acts
  1. 1984Pub. L. 98–620, title II, § 212, , 98 Stat. 3345
  2. 2004Pub. L. 108–271, § 8(b), , 118 Stat. 814.
Show as published

(Pub. L. 98–620, title II, § 212, , 98 Stat. 3345; Pub. L. 108–271, § 8(b), , 118 Stat. 814.)

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