
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC300w-5]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
                      SUBCHAPTER XVII--BLOCK GRANTS
 
       Part A--Preventive Health and Health Services Block Grants
 
Sec. 300w-5. Reports, data, and audits


(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.

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

                       References in Text

    The Omnibus Budget Reconciliation Act of 1981, referred to in 
subsec. (c), is Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 357, as amended. 
Title XVII of the Omnibus Budget Reconciliation Act of 1981 enacted 
sections 3595, and 4511 to 4514 of Title 5, Government Organization and 
Employees, amended sections 3393, 3593, 3596, 4501, 4502, 4505, 4506, 
7542, 7543, 8340, and 8345 of Title 5, and sections 2003 and 2401 of 
Title 39, Postal Service, and enacted provisions set out as notes under 
sections 3595, 4501, 5303, 5343, 8340, and 8345 of Title 5, section 1243 
of former Title 31, Money and Finance, and sections 403, 2003, 2004, and 
2401 of Title 39. For complete classification of this Act to the Code, 
see Tables.


                               Amendments

    1992--Pub. L. 102-531, Sec. 104(b)(1), substituted ``Reports, data, 
and audits'' for ``Reports and audits'' in section catchline.
    Subsec. (a). Pub. L. 102-531, Sec. 104(a), amended subsec. (a) 
generally, substituting present provisions for provisions requiring an 
annual report by each State of its activities under this part, outlining 
the contents of such report, and for providing copies of the report to 
interested persons.
    Subsec. (d). Pub. L. 102-531, Sec. 104(b)(2), struck out subsec. (d) 
which provided for development of model criteria and forms for 
collection of data and information on services provided under this part.
    1988--Subsec. (a)(3). Pub. L. 100-607, Sec. 301(d)(1), added par. 
(3).
    Subsec. (b)(6). Pub. L. 100-607, Sec. 301(d)(2), substituted 
``1990'' for ``1983''.
    1984--Subsec. (a)(1)(B). Pub. L. 98-555, Sec. 5(b), substituted 
``preventive health and preventive health services programs in the State 
assisted by funds from allotments under this part, including a summary 
of the services which were provided, the providers of such services, and 
the individuals who received such services'' for ``activities of the 
State under this part''.
    Subsec. (d). Pub. L. 98-555, Sec. 5(c), added subsec. (d).

                  Section Referred to in Other Sections

    This section is referred to in sections 300w-1, 300w-4, 300w-10, 
9875 of this title.
