Page:United States Statutes at Large Volume 106 Part 2.djvu/166

From Wikisource
Jump to: navigation, search
This page needs to be proofread.


106 STAT. 1046 PUBLIC LAW 102-367 —SEPT. 7, 1992 if a collective bargaining agreement covering the parties to the grievance so provides. "(2) The remedies available under paragraph (1) shall be limited to the remedies available under subsection (i)(l)(C) and subsection (f)(2). "(f)(1) Except as provided in paragraph (2), remedies available to grievants under this section for violations of section 143 shall be limited to— "(A) suspension or termination of payments under this Act; "(B) prohibition of placement of a participant, for an appropriate period of time, in a program under this Act with an employer that has violated section 143, as determined under subsection (d) or (e); and "(C) appropriate equitable relief (other than back pay). "(2) In addition to the remedies available under paragraph (1), remedies available under this section for violations of subsection (a)(4), paragraphs (1) and (3) of subsection (b), and subsection (d) of section 143 may include— "(A) reinstatement of the grievant to the position held by such grievant prior to displacement; "(B) payment of lost wages and benefits; euid "(C) restablishment of other relevant terms, conditions, and privileges of employment. "(g) Nothing in subsection (f) shall be construed to prohibit a grievant from pursuing a remedy authorized under another Federal, State, or local law for a violation of section 143.". (b) CONFORMING AMENDMENT.— Section 166(a) of the Act (29 U.S.C. 1576(a)) is amended in the 3rd sentence by inserting "section 141(c), subsections (d) and (e) of section 144, or" after "Except to the extent provided for in". Subtitle E—Federal and Fiscal Administrative Provisions SEC. 141. PROMPT ALLOCATION OF FUNDS. Section 162 of the Act (29 U.S.C. 1572) is amended by adding at the end the following new subsection: "(f) 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.". SEC. 142. FISCAL CONTROLS; SANCTIONS. 29 USC 1574. (a) FISCAL CONTROLS.— Section 164(a) of the Act (29 U.S.C. 1579(a)) is amended to read as follows: "(a)(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 titles II and III. Such procedures shall ensure that all financial transactions are conducted and records maintained in accordance with generally accepted accounting principles applicable in each State. Regulations. "(2) The Secretary shall prescribe regulations establishing uniform cost principles substantially equivalent to such principles generally applicable to recipients of Federal grants funds. At a