Page:United States Statutes at Large Volume 106 Part 2.djvu/169

 PUBLIC LAW 102-367 —SEPT. 7, 1992 106 STAT, 1049 "(3) In order to allow for the preparation of national estimates necessary to meet the requirements of subsection (c), recipients shall m£dntain standardized records for all individual participants and provide to the Secretary a sufficient number of such records to provide for an adequate analysis. "(4)(A) Except as provided in subparagraph (B), records medntained by recipients pursuant to this subsection shall be made available to the public upon request. "(B) Subparagraph (A) shall not apply to— "(i) information, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; and "(ii) trade secrets, or commercial or financial information, obtained from a person and privileged or confidential. "(C) Recipients may charge fees sufficient to recover costs applicable to the processing of requests for records under subparagraph (A). ". (b) AUDIT NOTICE.— Section 165(b) is amended by adding the 29 USC 1575. following new paragraph: "(3)(A) In carrying out any audit under this Act (other than any initial audit survey or any audit investigating possible criminal or fraudulent conduct), either directly or through grant or contract, the Secretary, the Inspector General, or the Comptroller General shall furnish to the State, administrative entity, recipient, or other entity to be audited, advance notification of the overall objectives and purposes of the audit, and any extensive recordkeeping or data requirements to be met, not fewer than 14 days (or as soon as practicable), prior to the commencement of the audit. "(B) If the scope, objectives, or purposes of the audit change substantially during the course of the audit, the entity being audited shall be notified of the change as soon as practicable. "(C) The reports on the results of such audits shall cite the law, regulation, policy, or other criteria applicable to any finding. "(D) Nothing contained in this Act shall be construed so as to be inconsistent with the Inspector General Act of 1978 (5 U.S.C. App.) or government auditing standards issued by the Comptroller General.". (c) MONITORING OF SERVICE PROVIDERS.— Section 165(c) of the Act (29 U.S.C. 1575(c)) is amended to read as follows: "(c) Each State, each administrative entity, and each recipient (other than a subrecipient, grantee or contractor of a recipient) receiving funds under this Act shall— "(1) make readily accessible reports concerning its operations and expenditures as shall be prescribed by the Secretary; "(2) prescribe and maintain comparable management information systems, in accordance with guidelines that shall be prescribed by the Secretary, designed to facilitate the uniform compilation, cross tabulation, and analysis of programmatic, participant, and financial data, on statewide and service delivery area bases, necessary for reporting, monitoring, and evaluating purposes, including data necessary to comply with section 167; and "(3) monitor the performance of service providers in complying with the terms of grants, contracts, or other agreements made pursuant to this Act.". (d) REPORT INFORMATION; RECORD RETENTION.—Section 165 of the Act is further amended by adding the following new subsections:

�