§ 49g TITLE 29—LABOR Page 16

prior to repeal by act Sept. 8, 1950, ch. 933, §3, 64 Stat.

823.

AMENDMENTS

1990—Subsecs. (c), (d). Pub. L. 101–392 added subsec.

(c) and redesignated former subsec. (c) as (d).

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101–392 effective July 1, 1991,

see section 702(a) of Pub. L. 101–392, set out as a note

under section 2301 of Title 20, Education.

EFFECTIVE DATE

Section effective Oct. 1, 1983, but with Secretary authorized to use funds appropriated for fiscal 1983 to plan

for orderly implementation of section, see section 181(i)

of Pub. L. 97–300, which is classified to section 1591(i) of

this title.

§ 49g. State plans

(a) Submission to Secretary of Labor

Any State desiring to receive the benefits of

this chapter shall, by the agency designated to

cooperate with the United States Employment

Service, submit to the Secretary of Labor detailed plans for carrying out the provisions of

this chapter within such State.

(b) Plan preparation at State and national level

Prior to submission of such plans to the Secretary—

(1) the employment service shall develop

jointly with each appropriate private industry

council and chief elected official or officials

for the service delivery area (designated under

the Job Training Partnership Act [29 U.S.C.

1501 et seq.]) those components of such plans

applicable to such area;

(2) such plans shall be developed taking into

consideration proposals developed jointly by

the appropriate private industry council and

chief elected official or officials in the service

delivery area affected;

(3) such plans shall be transmitted to the

State job training coordinating council (established under such Act) which shall certify such

plans if it determines (A) that the components

of such plans have been jointly agreed to by

the employment service and appropriate private industry council and chief elected official

or officials; and (B) that such plans are consistent with the Governor’s coordination and

special services plan under the Job Training

Partnership Act [29 U.S.C. 1501 et seq.];

(4) if the State job training coordinating

council does not certify that such plans meet

the requirements of clauses (A) and (B) of

paragraph (3), such plans shall be returned to

the employment service for a period of thirty

days for it to consider, jointly with the appropriate private industry council and chief elected official or officials, the council’s recommendations for modifying such plans; and

(5) if the employment service and the appropriate private industry council and chief elected official or officials fail to reach agreement

upon such components of such plans to be submitted finally to the Secretary, such plans

submitted by the State agency shall be accompanied by such proposed modifications as may

be recommended by any appropriate disagreeing private industry council and chief elected

official or officials affected, and the State job

training coordinating council shall transmit

to the Secretary its recommendations for resolution thereof.

(c) Review by Governor

The Governor of the State shall be afforded

the opportunity to review and transmit to the

Secretary proposed modifications of such plans

submitted.

(d) Contents of plans

Such plans shall include provision for the promotion and development of employment opportunities for handicapped persons and for job

counseling and placement of such persons, and

for the designation of at least one person in each

State or Federal employment office, whose duties shall include the effectuation of such purposes. In those States where a State board, department, or agency exists which is charged

with the administration of State laws for vocational rehabilitation of physically handicapped

persons, such plans shall include provision for

cooperation between such board, department, or

agency and the agency designated to cooperate

with the United States Employment Service

under this chapter.

(e) Approval by Secretary

If such plans are in conformity with the provisions of this chapter and reasonably appropriate

and adequate to carry out its purposes, they

shall be approved by the Secretary and due notice of such approval shall be given to the State

agency.

(June 6, 1933, ch. 49, §8, 48 Stat. 115; Aug. 3, 1954,

ch. 655, §6(b), 68 Stat. 665; Pub. L. 97–300, title VI,

§601(d), formerly title V, §501(d), Oct. 13, 1982, 96

Stat. 1395; renumbered title VI, §601(d), Pub. L.

100–628, title VII, §712(a)(1), (2), Nov. 7, 1988, 102

Stat. 3248.)

REFERENCES IN TEXT

The Job Training Partnership Act, referred to in subsec. (b)(1), (3), is Pub. L. 97–300, Oct. 13, 1982, 96 Stat.

1322, as amended, which is classified generally to chapter 19 (§1501 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note

set out under section 1501 of this title and Tables.

AMENDMENTS

1982—Pub. L. 97–300, §601(d)(1), substituted ‘‘Secretary

of Labor’’ for ‘‘Director’’ wherever appearing.

Subsec. (a). Pub. L. 97–300, §601(d)(2), designated provisions relating to the submission of a plan to the Secretary by any State desiring to receive benefits under

certain sections of this chapter as subsec. (a).

Subsecs. (b), (c). Pub. L. 97–300, §601(d)(5), added subsecs. (b) and (c).

Subsec. (d). Pub. L. 97–300, §601(d)(3), designated provisions relating to the inclusion in State plans of provision for handicapped persons employment opportunities and coordination with State agencies similarly

concerned as subsec. (d).

Subsec. (e). Pub. L. 97–300, §601(d)(4), designated provisions relating to approval and notice by the Secretary of the State plans as subsec. (e).

1954—Act Aug. 3, 1954, inserted provisions relating to

promotion and development of employment opportunities and for job counseling and placement of handicapped persons.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97–300 effective Oct. 1, 1983,

but with Secretary authorized to use funds appro-
Page 17 TITLE 29—LABOR § 49i

priated for fiscal 1983 to plan for orderly implementation of amendment, see section 181(i) of Pub. L. 97–300,

which is classified to section 1591(i) of this title.

EFFECTIVE DATE OF 1954 AMENDMENT

Amendment by act Aug. 3, 1954, effective July 1, 1954,

see section 8 of act Aug. 3, 1954, set out as a note under

section 49b of this title.

TRANSFER OF FUNCTIONS

For history of transfer of functions of United States

Employment Service to Secretary of Labor, see note

set out under section 49 of this title.

CROSS REFERENCES

Transfer of Federal property to States, see section

49c–1 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 49c–1, 1531 of

this title; title 39 section 3202.

§ 49h. Fiscal controls and accounting procedures

(a) Audit

(1) Each State shall establish such fiscal control and fund accounting procedures as may be

necessary to assure the proper disbursal of, and

accounting for, Federal funds paid to the recipient under this chapter. The Director of the Office of Management and Budget, in consultation

with the Comptroller General of the United

States, shall establish guidance for the proper

performance of audits. Such guidance shall include a review of fiscal controls and fund accounting procedures established by States under

this section.

(2) At least once every two years, the State

shall prepare or have prepared an independent

financial and compliance audit of funds received

under this chapter.

(3) Each audit shall be conducted in accordance with applicable auditing standards set

forth in the financial and compliance element of

the Standards for Audit of Governmental Organizations, Programs, Activities, and Functions

issued by the Comptroller General of the United

States.

(b) Evaluations by Comptroller General

(1) The Comptroller General of the United

States shall evaluate the expenditures by States

of funds received under this chapter in order to

assure that expenditures are consistent with the

provisions of this chapter and to determine the

effectiveness of the State in accomplishing the

purposes of this chapter. The Comptroller General shall conduct evaluations whenever determined necessary and shall periodically report to

the Congress on the findings of such evaluations.

(2) Nothing in this chapter shall be deemed to

relieve the Inspector General of the Department

of Labor of his responsibilities under the Inspector General Act.

(3) For the purpose of evaluating and reviewing programs established or provided for by this

chapter, the Comptroller General shall have access to and the right to copy any books, accounts, records, correspondence, or other documents pertinent to such programs that are in

the possession, custody, or control of the State.

(c) Repayment of funds by State

Each State shall repay to the United States

amounts found not to have been expended in accordance with this chapter. No such finding

shall be made except after notice and opportunity for a fair hearing. The Secretary may offset such amounts against any other amount to

which the recipient is or may be entitled under

this chapter.

(June 6, 1933, ch. 49, §9, 48 Stat. 116; Pub. L.

97–300, title VI, §601(e), formerly title V, §501(e),

Oct. 18, 1982, 96 Stat. 1396; renumbered title VI,

§601(e), Pub. L. 100–628, title VII, §712(a)(1), (2),

Nov. 7, 1988, 102 Stat. 3248.)

REFERENCES IN TEXT

The Inspector General Act, referred to in subsec.

(b)(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

1982—Pub. L. 97–300 amended section generally, substituting provisions requiring the States to prepare accounting procedures under Federal guidance, to submit

to biennial audit with evaluation of expenditures by

the Comptroller General and providing for repayment

of improperly expended funds, for provisions requiring

reports on expenditures to the Secretary under his regulations and giving him authority to revoke State certification.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97–300 effective Oct. 1, 1983,

but with Secretary authorized to use funds appropriated for fiscal 1983 to plan for orderly implementation of amendment, see section 181(i) of Pub. L. 97–300,

which is classified to section 1591(i) of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 39 section 3202.

§ 49i. Recordkeeping and accountability

(a) Records

Each State 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.

(b) Investigations

(1) The Secretary may investigate such facts,

conditions, practices, or other matters which

the Secretary finds necessary to determine

whether any State receiving funds under this

chapter or any official of such State has violated any provision of this chapter.

(2)(A) In order to evaluate compliance with

the provisions of this chapter, the Secretary

shall conduct investigations of the use of funds

received by States 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 State.

(3) In conducting any investigation under this

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

compilation of information not readily available

to such State.

(c) Reports

Each State receiving funds under this chapter

shall—