29-U.S.C.-2935
§2935 – Reports; Recordkeeping; Investigations
Pathway
Title 29 > Chapter 30 > Subchapter V > Section 2935
Details
- Reference: Section 2935
- Legend: §2935 – Reports; Recordkeeping; Investigations
- USCode Year: 2013
Provision Content
(a) Reports
(1) In general
Recipients of funds under this chapter shall keep records that are sufficient to permit the preparation of reports required by this chapter and to permit the tracing of funds to a level of expenditure adequate to ensure that the funds have not been spent unlawfully.
(2) Submission to the Secretary
Every such recipient shall maintain such records and submit such reports, in such form and containing such information, as the Secretary may require regarding the performance of programs and activities carried out under this chapter. Such records and reports shall be submitted to the Secretary but shall not be required to be submitted more than once each quarter unless specifically requested by Congress or a committee of Congress, in which case an estimate may be provided.
(3) Maintenance of standardized records
In order to allow for the preparation of the reports required under subsection (c) of this section, such recipients shall maintain standardized records for all individual participants and provide to the Secretary a sufficient number of such records to provide for an adequate analysis of the records.
(4) Availability to the public
(A) In general
Except as provided in subparagraph (B), records maintained by such recipients pursuant to this subsection shall be made available to the public upon request.
(B) Exception
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, that is obtained from a person and privileged or confidential.
(C) Fees to recover costs
Such recipients may charge fees sufficient to recover costs applicable to the processing of requests for records under subparagraph (A).
(b) Investigations of use of funds
(1) In general
(A) Secretary
In order to evaluate compliance with the provisions of this chapter, the Secretary shall conduct, in several States, in each fiscal year, investigations of the use of funds received by recipients under this chapter.
(B) Comptroller General of the United States
In order to ensure compliance with the provisions of this chapter, the Comptroller General of the United States may conduct investigations of the use of funds received under this chapter by any recipient.
(2) Prohibition
In conducting any investigation under this chapter, the Secretary or the Comptroller General of the United States may not request the compilation of any information that the recipient is not otherwise required to compile and that is not readily available to such recipient.
(3) Audits
(A) In general
In carrying out any audit under this chapter (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 of the Department of Labor, or the Comptroller General of the United States shall furnish to the State, 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 later than 14 days (or as soon as practicable), prior to the commencement of the audit.
(B) Notification requirement
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) Additional requirement
The reports on the results of such audits shall cite the law, regulation, policy, or other criteria applicable to any finding contained in the reports.
(D) Rule of construction
Nothing contained in this chapter 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 of the United States.
(c) Accessibility of reports
Each State, each local board, and each recipient (other than a subrecipient, subgrantee, or contractor of a recipient) receiving funds under this chapter—
(1) shall make readily accessible such reports concerning its operations and expenditures as shall be prescribed by the Secretary;
(2) shall 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, local area, and other appropriate bases, necessary for reporting, monitoring, and evaluating purposes, including data necessary to comply with section 2938 of this title; and
(3) shall monitor the performance of providers in complying with the terms of grants, contracts, or other agreements made pursuant to this chapter.
(d) Information to be included in reports
(1) In general
The reports required in subsection (c) of this section shall include information regarding programs and activities carried out under this chapter pertaining to—
(A) the relevant demographic characteristics (including race, ethnicity, sex, and age) and other related information regarding participants;
(B) the programs and activities in which participants are enrolled, and the length of time that participants are engaged in such programs and activities;
(C) outcomes of the programs and activities for participants, including the occupations of participants, and placement for participants in nontraditional employment;
(D) specified costs of the programs and activities; and
(E) information necessary to prepare reports to comply with section 2938 of this title.
(2) Additional requirement
The Secretary shall ensure that all elements of the information required for the reports described in paragraph (1) are defined and reported uniformly.
(e) Quarterly financial reports
(1) In general
Each local board in the State shall submit quarterly financial reports to the Governor with respect to programs and activities carried out under this chapter. Such reports shall include information identifying all program and activity costs by cost category in accordance with generally accepted accounting principles and by year of the appropriation involved.
(2) Additional requirement
Each State shall submit to the Secretary, on a quarterly basis, a summary of the reports submitted to the Governor pursuant to paragraph (1).
(f) Maintenance of additional records
Each State and local board shall maintain records with respect to programs and activities carried out under this chapter that identify—
(1) any income or profits earned, including such income or profits earned by subrecipients; and
(2) any costs incurred (such as stand-in costs) that are otherwise allowable except for funding limitations.
(g) Cost categories
In requiring entities to maintain records of costs by category under this chapter, the Secretary shall require only that the costs be categorized as administrative or programmatic costs.
(Pub. L. 105–220, title I, §185, Aug. 7, 1998, 112 Stat. 1046.)
References in Text
This chapter, referred to in text, was in the original this title meaning title I of Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 939, which enacted this chapter, repealed sections 1501 to 1505, 1511 to 1583, 1592 to 1735, 1737 to 1791h, 1792 to 1792b, 2301 to 2314 of this title, section 211 of former Title 40, Appendix, Public Buildings, Property, and Works, sections 11421, 11441 to 11447, 11449, 11450, 11461 to 11466, 11471, and 11472 of Title 42, The Public Health and Welfare, and sections 42101 to 42106 of Title 49, Transportation, enacted provisions set out as notes under sections 1501, 2301, and 2940 of this title and section 11421 of Title 42, and repealed provisions set out as notes under sections 801 and 2301 of this title and section 1255a of Title 8, Aliens and Nationality. For complete classification of title I to the Code, see Tables.
The Inspector General Act of 1978, referred to in subsec. (b)(3)(D), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, which is set out in the Appendix to Title 5, Government Organization and Employees.
Prior Provisions
Provisions similar to this section were contained in section 1575 of this title prior to repeal by Pub. L. 105–220.
U.S. Encyclopedia of Law Coverage
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