Page 621 TITLE 29—LABOR § 1573

(b) Expending of obligated funds

(1) Funds obligated for any program year may

be expended by each recipient during that program year and the two succeeding program

years and no amount shall be deobligated on account of a rate of expenditure which is consistent with the job training plan.

(2) Notwithstanding paragraph (1), funds obligated for any program year for programs authorized by section 1732 of this title shall remain

available until expended.

(Pub. L. 97–300, title I, §161, Oct. 13, 1982, 96 Stat.

1347; Pub. L. 100–495, §1, Oct. 17, 1988, 102 Stat.

2454; Pub. L. 102–367, title VII, §702(a)(7), (8),

Sept. 7, 1992, 106 Stat. 1112.)

AMENDMENTS

1992—Subsec. (b)(2). Pub. L. 102–367, §702(a)(7), substituted ‘‘section 1732’’ for ‘‘sections 1732 through 1735’’.

Subsec. (c). Pub. L. 102–367, §702(a)(8), struck out subsec. (c) which read as follows:

‘‘(1) Appropriations for fiscal year 1984 shall be available both to fund activities for the period between October 1, 1983, and July 1, 1984, and for the program year

beginning July 1, 1984.

‘‘(2) There are authorized to be appropriated such additional sums as may be necessary to carry out the provisions of this subsection for the transition to program

year funding.’’

1988—Subsec. (b). Pub. L. 100–495 designated existing

provisions as par. (1) and added par. (2).

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.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 2 of Pub. L. 100–495 provided that: ‘‘The

amendments made by this Act [amending this section]

shall apply with respect to funds available for expenditure on or after June 30, 1988.’’

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1502, 1572 of this

title.

§ 1572. Prompt allocation of funds

(a) Use of most recent data

All allotments and allocations under this

chapter shall be based on the latest available

data and estimates satisfactory to the Secretary. All data relating to economically disadvantaged and low-income persons shall be

based on 1980 Census or later data.

(b) Publication in Federal Register

Whenever the Secretary allots and allocates

funds required to be allotted or allocated by formula under this chapter, the Secretary shall

publish in a timely fashion in the Federal Register the proposed amount to be distributed to

each recipient.

(c) Distribution after appropriation

All funds required to be distributed by formula

under this chapter shall be allotted within 45

days after enactment of the appropriations, except that, if such funds are appropriated in advance as authorized by section 1571 of this title,

such funds shall be allotted not later than the

March 31 preceding the program year for which

such funds are to be available for obligation.

(d) Publication of allotment formula

Whenever the Secretary utilizes a formula to

allot or allocate funds made available for distribution at the Secretary’s discretion under

this chapter, the Secretary shall, not later than

30 days prior to such allotment or allocation,

publish such formula in the Federal Register for

comments along with the rationale for the formula and the proposed amounts to be distributed to each State and area. After consideration

of any comments received, the Secretary shall

publish final allotments and allocations in the

Federal Register.

(e) Distribution to grant recipient

Funds shall be made available to the grant recipient for the service delivery area not later

than 30 days after the date they are made available to the Governor or 7 days after the date the

plan is approved, whichever is later.

(f) Advance payments to nonprofit organizations

When contracting with nonprofit organizations of demonstrated effectiveness, the Secretary, States, substate areas, and service delivery areas may make advance payments, provided that such payments are based on the financial need of such organization and are not in

excess of 20 percent of the total contract

amount.

(Pub. L. 97–300, title I, §162, Oct. 13, 1982, 96 Stat.

1347; Pub. L. 102–367, title I, §141, Sept. 7, 1992,

106 Stat. 1046.)

AMENDMENTS

1992—Subsec. (f). Pub. L. 102–367 added subsec. (f).

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 1602, 1642 of this

title.

§ 1573. Monitoring

(a) Compliance with law and regulations

The Secretary is authorized to monitor all recipients of financial assistance under this chapter to determine whether they are complying

with the provisions of this chapter and the regulations issued under this chapter.

(b) Investigations

The Secretary may investigate any matter the

Secretary deems necessary to determine compliance with this chapter and regulations issued

under this chapter. The investigations authorized by this subsection may include examining

records (including making certified copies thereof), questioning employees, and entering any

premises or onto any site in which any part of

a program of a recipient is conducted or in

which any of the records of the recipient are

kept.

(c) Witnesses; books, papers, and documents

For the purpose of any investigation or hearing under this chapter, the provisions of section

9 of the Federal Trade Commission Act (15