§ 1575 TITLE 29—LABOR Page 624

other manner discriminated against a participant or against any individual in connection

with the administration of the program involved, or against any individual because such

individual has filed any complaint or instituted

or caused to be instituted any proceeding under

or related to this chapter, or has testified or is

about to testify in any such proceeding or investigation under or related to this chapter, or

otherwise unlawfully denied to any individual a

benefit to which that individual is entitled

under the provisions of this chapter or the Secretary’s regulations, the Secretary shall, within

thirty days, take such action or order such corrective measures, as necessary, with respect to

the recipient or the aggrieved individual, or

both.

(h) Remedies not exclusive

The remedies under this section shall not be

construed to be exclusive remedies.

(Pub. L. 97–300, title I, §164, Oct. 13, 1982, 96 Stat.

1348; Pub. L. 102–367, title I, §142, Sept. 7, 1992,

106 Stat. 1046.)

REFERENCES IN TEXT

The Inspector General Act, referred to in subsec.

(c)(2), probably means the Inspector General Act of

1978, Pub. L. 95–452, Oct. 12, 1978, 92 Stat. 1101, as

amended, which is set out in the Appendix to Title 5,

Government Organization and Employees.

AMENDMENTS

1992—Subsec. (a). Pub. L. 102–367, §142(a), amended

subsec. (a) generally. Prior to amendment, subsec. (a)

consisted of pars. (1) to (3) relating to State fiscal controls and fund accounting procedures, biennial audits,

and Federal audit standards.

Subsec. (b). Pub. L. 102–367, §142(b), amended subsec.

(b) generally. Prior to amendment, subsec. (b) read as

follows:

‘‘(1) Whenever, as a result of financial and compliance

audits or otherwise, the Governor determines that

there is a substantial violation of a specific provision

of this chapter or the regulations, and corrective action

has not been taken, the Governor may issue a notice of

intent to revoke approval of all or part of the plan affected. Such notice may be appealed to the Secretary

under the same terms and conditions as the disapproval

of the plan and shall not become effective until (A) the

time for appeal has expired or (B) the Secretary has issued a decision.

‘‘(2) The Governor shall withdraw the notice if the appropriate corrective action has been taken.’’

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102–367 effective July 1, 1993,

see section 701(a) of Pub. L. 102–367, set out as an Effective Date of 1992 Amendment; Transition Provisions

note under section 1501 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1511, 1514, 1517,

1551, 1578 of this title.

§ 1575. Reports, recordkeeping, and investigations

(a) Sufficiency of records; frequency; standardized records

(1) Recipients 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 insure that the funds have not been spent unlawfully.

(2) Every recipient shall maintain such records

and submit such reports, in such form and containing such information, as the Secretary requires regarding the performance of its programs. 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 the Congress or a committee thereof.

(3) In order to allow for the preparation of national estimates necessary to meet the requirements of subsection (c) of this section, 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.

(4)(A) Except as provided in subparagraph (B),

records maintained 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) Investigations; audit notice

(1)(A) 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) In order to insure 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) In conducting any investigation under this

chapter, the Secretary or the Comptroller General of the United States may not request the

compilation of any new information not readily

available to such recipient.

(3)(A) 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, 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 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.
Page 625 TITLE 29—LABOR § 1575

(c) Reporting, recordkeeping, and monitoring

duties of States, administrative entities, and

recipients

Each State, each administrative entity, and

each recipient (other than a subrecipient, grantee or contractor of a recipient) receiving funds

under this chapter 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 1577 of this title; and

(3) monitor the performance of service providers in complying with the terms of grants,

contracts, or other agreements made pursuant

to this chapter.

(d) Report information

(1) The reports required in subsection (c) of

this section shall include information pertaining

to—

(A) the relevant demographic characteristics

(including race, ethnicity, sex, and age) and

other related information regarding participants;

(B) the activities in which participants are

enrolled, and the length of time that participants are engaged in such activities;

(C) program outcomes, including occupations, for participants;

(D) specified program costs; and

(E) information necessary to prepare reports

to comply with section 1577 of this title.

(2) The Secretary shall ensure that all elements of the information required for the reports described in paragraph (1) are defined and

reported uniformly.

(e) Record retention

The Governor shall ensure that requirements

are established for retention of all records pertinent to all grants awarded, and contracts and

agreements entered into, under this chapter, including financial, statistical, property and participant records and supporting documentation.

For funds allotted to a State for any program

year, records shall be retained for 2 years following the date on which the annual expenditure report containing the final expenditures charged

to such program year’s allotment is submitted

to the Secretary. Records for nonexpendable

property shall be retained for a period of 3 years

after final disposition of the property.

(f) Substate grantee and service delivery area reports; statewide summary

(1) Each substate grantee and service delivery

area shall submit quarterly financial reports to

the Governor with respect to programs under

this chapter. Such reports shall include information identifying all program costs by cost category in accordance with generally accepted accounting principles and by year of the appropriation.

(2) Each State shall submit a summary of the

reports submitted pursuant to paragraph (1) to

the Secretary on a quarterly basis.

(g) Substate grantee and service delivery area

record retention

Each State, substate grantee, and service delivery area shall maintain records with respect

to programs under this chapter that identify—

(1) any program 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.

(h) Biennial study of programs under subchapter

II; report to Congress

(1) The Secretary shall conduct a biennial

study on the provision of supportive services

under programs conducted pursuant to subchapter II of this chapter. Such study shall identify—

(A) the amount and proportion of funds expended for supportive services under subchapter II of this chapter;

(B) the types of supportive services provided;

(C) the relative share of funds expended for

each type of supportive service;

(D) the characteristics of the participants

receiving supportive services; and

(E) such other factors as the Secretary determines to be appropriate.

(2) The Secretary shall submit a report to the

Congress containing the results of each study

conducted pursuant to paragraph (1).

(Pub. L. 97–300, title I, §165, Oct. 13, 1982, 96 Stat.

1350; Pub. L. 102–367, title I, §143, Sept. 7, 1992,

106 Stat. 1048.)

REFERENCES IN TEXT

The Inspector General Act of 1978, referred to in subsec. (b)(3)(D), is Pub. L. 95–452, Oct. 12, 1978, 92 Stat.

1101, as amended, which is set out in the Appendix to

Title 5, Government Organization and Employees.

AMENDMENTS

1992—Subsec. (a)(3), (4). Pub. L. 102–367, §143(a), added

pars. (3) and (4).

Subsec. (b)(3). Pub. L. 102–367, §143(b), added par. (3).

Subsec. (c). Pub. L. 102–367, §143(c), amended subsec.

(c) generally. Prior to amendment, subsec. (c) read as

follows: ‘‘Each State, each administrative entity designated under this subchapter, and each recipient

(other than a subrecipient, grantee or contractor of a

recipient) receiving funds under this chapter shall—

‘‘(1) make such reports concerning its operations

and expenditures as shall be prescribed by the Secretary, and

‘‘(2) prescribe and maintain a management information system, in accordance with guidelines prescribed

by the Secretary, designed to facilitate the uniform

compilation and analysis of programmatic and financial data, on statewide and service delivery area

bases, necessary for reporting, monitoring, and evaluating purposes.’’

Subsecs. (d) to (h). Pub. L. 102–367, §143(d), added subsecs. (d) to (h).

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102–367 effective July 1, 1993,

see section 701(a) of Pub. L. 102–367, set out as an Effective Date of 1992 Amendment; Transition Provisions

note under section 1501 of this title.
§ 1576 TITLE 29—LABOR Page 626

§ 1576. Administrative adjudication

(a) Hearing after denial of assistance or sanction

by Secretary

Whenever any applicant for financial assistance under this chapter is dissatisfied because

the Secretary has made a determination not to

award financial assistance in whole or in part to

such applicant, the applicant may request a

hearing before an administrative law judge of

the Department of Labor. A similar hearing may

also be requested by any recipient upon whom a

corrective action or a sanction has been imposed

by the Secretary. Except to the extent provided

for in section 1551(c) of this title, subsections (d)

and (e) of section 1554 of this title, or section

1577 of this title, all other disputes arising under

this chapter shall be adjudicated under grievance procedures established by the recipient or

under applicable law other than this chapter.

(b) Time for filing exceptions; final action by

Secretary

The decision of the administrative law judge

shall constitute final action by the Secretary

unless, within 20 days after receipt of the decision of the administrative law judge, a party

dissatisfied with the decision or any part thereof

has filed exceptions with the Secretary specifically identifying the procedure, fact, law, or policy to which exception is taken. Any exception

not specifically urged shall be deemed to have

been waived. Thereafter the decision of the administrative law judge shall become the final

decision of the Secretary unless the Secretary,

within 30 days of such filing, has notified the

parties that the case has been accepted for review.

(c) Time for Secretary’s review

Any case accepted for review by the Secretary

shall be decided within one hundred and eighty

days of such acceptance. If not so decided, the

decision of the administrative law judge shall

become the final decision of the Secretary.

(d) Judicial review

The provisions of section 1578 of this title

shall apply to any final action of the Secretary

under this section.

(Pub. L. 97–300, title I, §166, Oct. 13, 1982, 96 Stat.

1351; Pub. L. 102–367, title I, §134(b), Sept. 7, 1992,

106 Stat. 1046.)

AMENDMENTS

1992—Subsec. (a). Pub. L. 102–367 inserted ‘‘section

1551(c) of this title, subsections (d) and (e) of section

1554 of this title, or’’ after ‘‘Except to the extent provided for in’’.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102–367 effective July 1, 1993,

see section 701(a) of Pub. L. 102–367, set out as an Effective Date of 1992 Amendment; Transition Provisions

note under section 1501 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1554, 1578, 1791c

of this title; title 20 section 6104.

§ 1577. Nondiscrimination

(a) Applicability of equal protection provisions;

prohibition of construction of religious facility; nondiscrimination against funded activity participants; participant citizenship

(1) For the purpose of applying the prohibitions against discrimination on the basis of age

under the Age Discrimination Act of 1975 [42

U.S.C. 6101 et seq.], on the basis of handicap

under section 504 of the Rehabilitation Act [29

U.S.C. 794], on the basis of sex under title IX of

the Education Amendments of 1972 [20 U.S.C.

1681 et seq.], or on the basis of race, color, or national origin under title VI of the Civil Rights

Act of 1964 [42 U.S.C. 2000d et seq.], programs and

activities funded or otherwise financially assisted in whole or in part under this chapter are

considered to be programs and activities receiving Federal financial assistance.

(2) No individual shall be excluded from participation in, denied the benefits of, subjected to

discrimination under, or denied employment in

the administration of or in connection with any

such program because of race, color, religion,

sex, national origin, age, disability, or political

affiliation or belief.

(3) Participants shall not be employed on the

construction, operation, or maintenance of so

much of any facility as is used or to be used for

sectarian instruction or as a place for religious

worship.

(4) With respect to terms and conditions affecting, or rights provided to, individuals who

are participants in activities supported by funds

provided under this chapter, such individuals

shall not be discriminated against solely because of their status as such participants.

(5) Participation in programs and activities financially assisted in whole or in part under this

chapter shall be open to citizens and nationals

of the United States, lawfully admitted permanent resident aliens, lawfully admitted refugees

and parolees, and other individuals authorized

by the Attorney General to work in the United

States.

(b) Recipient noncompliance and Secretary’s action

Whenever the Secretary finds that a State or

other recipient has failed to comply with a provision of law referred to in subsection (a)(1) of

this section, with paragraph (2), (3), (4), or (5) of

subsection (a) of this section, or with an applicable regulation prescribed to carry out such paragraphs, the Secretary shall notify such State or

recipient and shall request it to comply. If within a reasonable period of time, not to exceed

sixty days, the State or recipient fails or refuses

to comply, the Secretary may—

(1) refer the matter to the Attorney General

with a recommendation that an appropriate

civil action be instituted;

(2) exercise the powers and functions provided by title VI of the Civil Rights Act of 1964

[42 U.S.C. 2000d et seq.], the Age Discrimination Act of 1975 [42 U.S.C. 6101 et seq.], or section 504 of the Rehabilitation Act [29 U.S.C.

794], as may be applicable; or

(3) take such other action as may be provided by law.