29 U.S.C. § 49h — Fiscal controls and accounting procedures

submitted 93 years ago by ch. 49 to r/title-29-LABOR · 367 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law requires states to control and account for federal employment-service money carefully. Each state must set up fiscal controls, get an independent audit at least every two years, and let the Comptroller General review its spending and records. Any money a state spent improperly must be paid back to the United States after notice and a fair hearing.

(a) Audit — (1) Each state must set up fiscal controls and fund-accounting procedures to properly track and account for the federal money it receives under this chapter. The Director of the Office of Management and Budget, working with the Comptroller General, sets guidance for how audits should be done properly, including reviewing each state's fiscal controls and accounting procedures. (2) At least once every two years, each state must have an independent financial and compliance audit done of the money it received under this chapter. (3) Every audit must follow the applicable auditing standards in the Comptroller General's Standards for Audit of Governmental Organizations, Programs, Activities, and Functions. (b) Evaluations by Comptroller General — (1) The Comptroller General evaluates how states spend money under this chapter, to make sure spending follows the chapter's rules and to judge how effective each state is. The Comptroller General runs evaluations whenever needed and periodically reports findings to Congress. (2) This doesn't relieve the Department of Labor's Inspector General of duties under chapter 4 of title 5. (3) To evaluate and review these programs, the Comptroller General can access and copy any books, accounts, records, correspondence, or other documents related to the programs that the state has. (c) Repayment of funds by State — Each state must repay the United States any money that wasn't spent according to this chapter's rules. But this repayment can't be required unless the state first gets notice and a fair hearing. The Secretary can also offset amounts owed against other money the state is or may become entitled to under this chapter.

the actual law source: uscode.house.gov ↗public domain

(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 chapter 4 of title 5.

(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.

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.

Source credit: (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; Pub. L. 117–286, § 4(b)(47), Dec. 27, 2022, 136 Stat. 4348.)

history & why it existsrecord from the source credit

1933Enacted · Act of June 6, 1933, ch. 49 · 48 Stat. 116
1982Amended · Pub. L. 97-300 · 96 Stat. 1396
1988Amended · Pub. L. 100-628 · 102 Stat. 3248
2022Amended · Pub. L. 117-286 · 136 Stat. 4348

A history note hasn’t been published yet. The record shows enactment by ch. 49 on 1933-06-06.

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