29 U.S.C. § 3243 — Monitoring

Page 937 TITLE 29—LABOR § 3244 506 of Pub. L. 113–128, set out as a note under section 3101 of this title. § 3243. Monitoring (a) In general The Secretary is authorized to monitor all re- cipients of financial assistance under this sub- chapter to determine whether the recipients are complying with the provisions of this sub- chapter, including the regulations issued under this subchapter. (b) Investigations The Secretary may investigate any matter the Secretary determines to be necessary to deter- mine the compliance of the recipients with this subchapter, including the regulations issued under this subchapter. The investigations au- thorized by this subsection may include exam- ining records (including making certified copies of the records), questioning employees, and en- tering any premises or onto any site in which any part of a program or activity of such a re- cipient is conducted or in which any of the records of the recipient are kept. (c) Additional requirement For the purpose of any investigation or hear- ing conducted under this subchapter by the Sec- retary, the provisions of section 49 of title 15 (re- lating to the attendance of witnesses and the production of documents) apply to the Sec- retary, in the same manner and to the same ex- tent as the provisions apply to the Federal Trade Commission. (Pub. L. 113–128, title I, § 183, July 22, 2014, 128 Stat. 1590.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the first full pro- gram year after July 22, 2014 (July 1, 2015), see section 506 of Pub. L. 113–128, set out as a note under section 3101 of this title. § 3244. Fiscal controls; sanctions (a) Establishment of fiscal controls by States (1) In general Each State shall establish such fiscal con- trol and fund accounting procedures as may be necessary to assure the proper disbursal of, and accounting for, Federal funds allocated to local areas under part B. Such procedures shall ensure that all financial transactions carried out under part B are conducted and records maintained in accordance with gen- erally accepted accounting principles applica- ble in each State. (2) Cost principles (A) In general Each State (including the Governor of the State), local area (including the chief elect- ed official for the area), and provider receiv- ing funds under this subchapter shall comply with the applicable uniform cost principles included in appropriate circulars or rules of the Office of Management and Budget for the type of entity receiving the funds. (B) Exception The funds made available to a State for administration of statewide workforce in- vestment activities in accordance with sec- tion 3174(a)(3)(B) of this title shall be allo- cable to the overall administration of work- force investment activities, but need not be specifically allocable to— (i) the administration of adult employ- ment and training activities; (ii) the administration of dislocated worker employment and training activi- ties; or (iii) the administration of youth work- force investment activities. (3) Uniform administrative requirements (A) In general Each State (including the Governor of the State), local area (including the chief elect- ed official for the area), and provider receiv- ing funds under this subchapter shall comply with the appropriate uniform administrative requirements for grants and agreements ap- plicable for the type of entity receiving the funds, as promulgated in circulars or rules of the Office of Management and Budget. (B) Additional requirement Procurement transactions under this sub- chapter between local boards and units of State or local governments shall be con- ducted only on a cost-reimbursable basis. (4) Monitoring Each Governor of a State shall conduct on an annual basis onsite monitoring of each local area within the State to ensure compli- ance with the uniform administrative require- ments referred to in paragraph (3). (5) Action by Governor If the Governor determines that a local area is not in compliance with the uniform admin- istrative requirements referred to in para- graph (3), the Governor shall— (A) require corrective action to secure prompt compliance with the requirements; and (B) impose the sanctions provided under subsection (b) in the event of failure to take the required corrective action. (6) Certification The Governor shall, every 2 years, certify to the Secretary that— (A) the State has implemented the uni- form administrative requirements referred to in paragraph (3); (B) the State has monitored local areas to ensure compliance with the uniform admin- istrative requirements as required under paragraph (4); and (C) the State has taken appropriate action to secure compliance with the requirements pursuant to paragraph (5). (7) Action by the Secretary If the Secretary determines that the Gov- ernor has not fulfilled the requirements of this subsection, the Secretary shall— (A) require corrective action to secure prompt compliance with the requirements of this subsection; and