Title 29, LaborRelease 119-110

§3245 Reports; Recordkeeping; Investigations

Title 29 › CHAPTER 32 — WORKFORCE INNOVATION AND OPPORTUNITY › SUBCHAPTER I — WORKFORCE DEVELOPMENT ACTIVITIES › Part E — Administration › § 3245

Last updated Sep 22, 2026|Official source

Summary

Recipients of these federal funds must keep clear records so reports can be made and money can be traced to how it was spent. They must keep standardized records on participants and give the Secretary enough of those records for proper review. Performance reports go to the Secretary, normally no more than once each quarter unless Congress asks (then an estimate may be given). Records must be open to the public on request, except for private personal information and confidential business secrets, and recipients may charge fees to cover request costs. Each year the Secretary must investigate fund use in several States, and the Comptroller General may investigate any recipient. Investigators may not ask for information that recipients are not already required to keep or that is not readily available. For audits (except initial surveys or fraud/criminal probes), advance notice of the audit goals and big record needs must be given at least 14 days before the audit starts (or as soon as possible), and any major change in the audit must be communicated. Audit reports must list the law or rules used for findings. States, local boards, and main recipients must make reports available, run compatible management information systems as the Secretary directs, monitor providers, and, when practical, submit reports electronically. Required report data include participant demographics (race, ethnicity, sex, age), the programs and time in them, outcomes like occupations and nontraditional placements, program costs, and any data needed for section 3248; the Secretary must define each data element and require uniform reporting. Local boards must send quarterly financial reports to their Governor showing all costs by cost category and year of appropriation. States must send quarterly summaries of those reports to the Secretary, who must send them quarterly to the Senate Committee on Health, Education, Labor, and Pensions and the House Committee on Education and the Workforce. States and local boards must also track any income or profits earned (including by subrecipients) and any allowable costs that are limited by funding rules. When requiring cost categories, the Secretary may limit them to just administrative or programmatic.

Full Legal Text

Title 29, §3245

Labor, Source: USLM XML via OLRC

(a)Recipient recordkeeping and reports
(1)In general
Recipients of funds under this subchapter shall keep records that are sufficient to permit the preparation of reports required by this subchapter and to permit the tracing of funds to a level of expenditure adequate to ensure that the funds have not been spent unlawfully.
(2)Records and reports regarding general performance
Every such recipient shall maintain such records and submit such reports, in such form and containing such information, as the Secretary may require regarding the performance of programs and activities carried out under this subchapter. 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 Congress or a committee of Congress, in which case an estimate regarding such information may be provided.
(3)Maintenance of standardized records
In order to allow for the preparation of the reports required under subsection (c), such 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 of the records.
(4)Availability to the public
(A)In general
Except as provided in subparagraph (B), records maintained by such recipients pursuant to this subsection shall be made available to the public upon request.
(B)Exception
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, that is—
(I)obtained from a person; and
(II)privileged or confidential.
(C)Fees to recover costs
Such recipients may charge fees sufficient to recover costs applicable to the processing of requests for records under subparagraph (A).
(b)Investigations of use of funds
(1)In general
(A)Secretary
In order to evaluate compliance with the provisions of this subchapter, the Secretary shall conduct, in several States, in each fiscal year, investigations of the use of funds received by recipients under this subchapter.
(B)Comptroller general of the United States
In order to ensure compliance with the provisions of this subchapter, the Comptroller General of the United States may conduct investigations of the use of funds received under this subchapter by any recipient.
(2)Prohibition
In conducting any investigation under this subchapter, the Secretary or the Comptroller General of the United States may not request the compilation of any information that the recipient is not otherwise required to compile and that is not readily available to such recipient.
(3)Audits
(A)In general
In carrying out any audit under this subchapter (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 of the Department of Labor, or the Comptroller General of the United States shall furnish to the State, 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 later than 14 days (or as soon as practicable) prior to the commencement of the audit.
(B)Notification requirement
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)Additional requirement
The reports on the results of such audits shall cite the law, regulation, policy, or other criteria applicable to any finding contained in the reports.
(D)Rule of construction
Nothing contained in this subchapter shall be construed so as to be inconsistent with chapter 4 of title 5 or government auditing standards issued by the Comptroller General of the United States.
(c)Grantee information responsibilities
Each State, each local board, and each recipient (other than a subrecipient, subgrantee, or contractor of a recipient) receiving funds under this subchapter—
(1)shall make readily accessible such reports concerning its operations and expenditures as shall be prescribed by the Secretary;
(2)shall 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, local area, and other appropriate bases, necessary for reporting, monitoring, and evaluating purposes, including data necessary to comply with section 3248 of this title;
(3)shall monitor the performance of providers in complying with the terms of grants, contracts, or other agreements made pursuant to this subchapter; and
(4)shall, to the extent practicable, submit or make available (including through electronic means) any reports, records, plans, or any other data that are required to be submitted or made available, respectively, under this subchapter.
(d)Information to be included in reports
(1)In general
The reports required in subsection (c) shall include information regarding programs and activities carried out under this subchapter pertaining to—
(A)the relevant demographic characteristics (including race, ethnicity, sex, and age) and other related information regarding participants;
(B)the programs and activities in which participants are enrolled, and the length of time that participants are engaged in such programs and activities;
(C)outcomes of the programs and activities for participants, including the occupations of participants, and placement for participants in nontraditional employment;
(D)specified costs of the programs and activities; and
(E)information necessary to prepare reports to comply with section 3248 of this title.
(2)Additional requirement
The Secretary shall ensure that all elements of the information required for the reports described in paragraph (1) are defined and that the information is reported uniformly.
(e)Quarterly financial reports
(1)In general
Each local board in a State shall submit quarterly financial reports to the Governor with respect to programs and activities carried out under this subchapter. Such reports shall include information identifying all program and activity costs by cost category in accordance with generally accepted accounting principles and by year of the appropriation involved.
(2)Additional requirement
Each State shall submit to the Secretary, and the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives, on a quarterly basis, a summary of the reports submitted to the Governor pursuant to paragraph (1).
(f)Maintenance of additional records
Each State and local board shall maintain records with respect to programs and activities carried out under this subchapter that identify—
(1)any 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.
(g)Cost categories
In requiring entities to maintain records of costs by cost category under this subchapter, the Secretary shall require only that the costs be categorized as administrative or programmatic costs.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2022—Subsec. (b)(3)(D). Pub. L. 117–286 substituted “chapter 4 of title 5” for “the Inspector General Act of 1978 (5 U.S.C. App.)”.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the first day of the first full program 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.

Reference

Citations & Metadata

Citation

29 U.S.C. § 3245

Title 29, Labor

Last Updated

Sep 22, 2026

Release point: 119-110