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B-306475 1 (2006-01-30)

handle is hein.gao/gaocrptastc0001 and id is 1 raw text is: 



  SGAO
       Accountability * Integrity  Reliability
United States Government Accountability Office
Washington, DC 20548


          B-306475



          January 30, 2006

          Mr. Roger La Rouche
          Acting Inspector General
          Election Assistance Commission

          Subject: Help America Vote Act of 2002: Audits and Recoveiy of Funds

          Dear Mr. La Rouche:

          You requested information on how the Government Accountability Office (GAO) will
          implement section 902(c) of the Help America Vote Act of 2002 (HAVA). Pub. L.
          No. 107-252, § 902(c), 116 Stat. 1666, 1728 (Oct. 29, 2002) (codified at42 U.S.C.
          § 5542(c)). Section 902(c) provides that recipients of funds provided pursuant to
          HAVA shall repay certain amounts if the Comptroller General makes a determination
          as a result of certain audits that the recipient did not comply with program
          requirements or received an excess payment. In an audit of California's use of HAVA
          funds, conducted on behalf of the U.S. Election Assistance Commission (the
          Commission) by the Department of the Interior, Office of Inspector General
          (DOI-OIG), auditors questioned some of California's costs because they were either
          unallowable or unsupported. You would like to know if the Comptroller General
          must make a determination under section 902(c) for an agency to recover funds, and
          if so, what procedure he will apply in doing so. For the reasons set forth below, the
          Comptroller General need not make a determination under section 902(c) before an
          agency making payments may take corrective action on questioned costs.

          HAVA authorizes various federal agencies to make grants or provide payments of
          federal funds to the states and various other entities for purposes related to election
          reform. See, e.g., Pub. L. No. 107-252, § 101, 116 Stat. 1666, 1668-69 (Oct. 29, 2002)
          (codifiedat42 U.S.C. § 15301). The U.S. General Services Administration (GSA)
          disbursed $27,340,830 of HAVA funds' in fiscal year 2003 to California to improve the


          1 GSA paid the funds to California pursuant to section 101 of HAVA, codified at
          42 U.S.C. § 15301. Congress appropriated the funds to GSA for such payments on
          February 20, 2003. Miscellaneous Appropriations Act, 2003, Pub. L. No. 108-7, div. N,
          117 Stat. 537 (Feb. 20, 2003). Such payments are to be deposited into an election
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