Sec. 114. Performance accountability system
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Section 136 ( 29 U.S.C. 2871 ) is amended— in subsection (b)— by amending paragraphs
(1)and
(2)to read as follows: For each State, the State performance measures shall consist of— the core indicators of performance described in paragraph (2)(A); and additional indicators of performance (if any) identified by the State under paragraph (2)(B); and a State adjusted level of performance for each indicator described in subparagraph (A). The core indicators of performance for the program of employment and training activities authorized under sections 132(a)(2) and 134, the program of adult education and literacy activities authorized under title II, and the program authorized under title I of the Rehabilitation Act of 1973 ( 29 U.S.C. 720 et seq. ), other than section 112 or part C of that title ( 29 U.S.C. 732 , 741), shall consist of the following indicators of performance, each disaggregated by the populations identified in the State and local plans: The percentage and number of program participants who are in unsubsidized employment during the second full calendar quarter after exit from the program. The percentage and number of program participants who are in unsubsidized employment during the fourth full calendar quarter after exit from the program. The median earnings of program participants who are in unsubsidized employment during the second full calendar quarter after exit from the program compared to the median earnings of such participants prior to the training received under such program. The percentage and number of program participants who obtain a recognized postsecondary credential, a registered apprenticeship, an industry-recognized credential, or a regular secondary school diploma or its recognized equivalent (subject to clause (ii)), during participation in or within 1 year after exit from program. The percentage and number of program participants who, during a program year— are in an education or training program that leads to a recognized postsecondary credential, a registered apprenticeship or on-the-job training program, an industry-recognized credential, a regular secondary school diploma or its recognized equivalent, or unsubsidized employment; and are achieving measurable basic skill gains toward such a credential or employment. The percentage and number of program participants who obtain unsubsidized employment in the field relating to the training services described in section 134(c)(4) that such participants received. For purposes of clause (i)(IV), program participants who obtain a regular secondary school diploma or its recognized equivalent shall be included in the percentage counted as meeting the criterion under such clause only if such participants, in addition to obtaining such diploma or its recognized equivalent, have, within 1 year after exit from the program, obtained or retained employment, have been removed from public assistance, or are in an education or training program leading to a recognized postsecondary credential. A State may identify in the State plan additional indicators for workforce investment activities authorized under this subtitle. ; and in paragraph (3)— in subparagraph (A)— in the heading, by striking ; and customer satisfaction indicator in clause (i), by striking and the customer satisfaction indicator described in paragraph (2)(B) ; in clause (ii), by striking and the customer satisfaction indicator of performance, for the first 3 and inserting , for all 3 ; in clause (iii)— in the heading, by striking ; and for first 3 years by striking and the customer satisfaction indicator of performance, for the first 3 program years and inserting for all 3 program years ; in clause (iv)— by striking or
(v); by striking subclause
(I)and redesignating subclauses
(II)and
(III)as subclauses
(I)and (II), respectively; and in subclause
(I)(as so redesignated)— by striking taking into account and inserting which shall be adjusted based on ; by inserting , such as unemployment rates and job losses or gains in particular industries after economic conditions ; and by inserting , such as indicators of poor work experience, dislocation from high-wage employment, low levels of literacy or English proficiency, disability status, including the number of veterans with disabilities, and welfare dependency after program ; by striking clause
(v)and redesignating clause
(vi)as clause (v); and in clause
(v)(as so redesignated), by striking described in clause (iv)(II) and inserting described in clause (iv)(I) ; and by striking or
(v); and in subparagraph (B), by striking paragraph (2)(C) and inserting paragraph (2)(B) ; in subsection (c)— by amending clause
(i)of paragraph (1)(A) to read as follows:
(i)the core indicators of performance described in subsection (b)(2)(A) for activities described in such subsections, other than statewide workforce investment activities; and ; in clause
(ii)of paragraph (1)(A), by striking (b)(2)(C) and inserting (b)(2)(B) ; and by amending paragraph
(3)to read as follows: In determining such local levels of performance, the local board, the chief elected official, and the Governor shall ensure such levels are adjusted based on the specific economic characteristics (such as unemployment rates and job losses or gains in particular industries), demographic characteristics, or other characteristics of the population to be served in the local area. ; in subsection (d)— in paragraph (1)— by striking 127 or ; by striking and the customer satisfaction indicator each place it appears; and in the last sentence, by inserting before the period the following: , and on the amount and percentage of the State’s annual allotment under section 132 the State spends on administrative costs and on the amount and percentage of its annual allocation under section 133 each local area in the State spends on administrative costs ; in paragraph (2)— by striking subparagraphs (A), (B), and (D); by redesignating subparagraph
(C)as subparagraph (A); by redesignating subparagraph
(E)as subparagraph (B); in subparagraph (B), as so redesignated— by striking (excluding participants who received only self-service and informational activities) ; and by striking and at the end; by striking subparagraph (F); by adding at the end the following: with respect to each local area in the State— the number of individuals who received work ready services described under section 134(c)(2) and the number of individuals who received training services described under section 134(c)(4) during the most recent program year and fiscal year, and the preceding 5 program years, where the individuals received the training, disaggregated by the type of entity that provided the training, and the amount of funds spent on each type of service; the number of individuals who successfully exited out of work ready services described under section 134(c)(2) and the number of individuals who exited out of training services described under section 134(c)(4) during the most recent program year and fiscal year, and the preceding 5 program years, and where the individuals received the training, disaggregated by the type of entity that provided the training; and the average cost per participant of those individuals who received work ready services described under section 134(c)(2) and the average cost per participant of those individuals who received training services described under section 134(c)(4) during the most recent program year and fiscal year, and the preceding 5 program years, and where the individuals received the training, disaggregated by the type of entity that provided the training; and the amount of funds spent on training services and discretionary one-stop delivery activities, disaggregated by the populations identified in the State and local plans. ; in paragraph (3)(A), by striking through publication and inserting through electronic means ; and by adding at the end the following: In preparing the reports described in this subsection, each State shall establish procedures, consistent with guidelines issued by the Secretary, to ensure the information contained in the report is valid and reliable. Each State that receives an allotment under section 132 shall maintain a central repository of policies related to access, eligibility, availability of services, and other matters and plans approved by the State board and make such repository available to the public, including by electronic means. Each local area that receives an allotment under section 133 shall maintain a central repository of policies related to access, eligibility, availability of services, and other matters and plans approved by the local board and make such repository available to the public, including by electronic means. ; in subsection (g)— in paragraph (1)(A), by striking or
(B); in paragraph (1)(B), by striking may reduce by not more than 5 percent, and inserting shall reduce ; and by striking paragraph
(2)and inserting the following: The Secretary shall return to the Treasury the amount retained, as a result of a reduction in an allotment to a State made under paragraph (1)(B). ; in subsection (h)(1), by striking or
(B); in subsection (h)(2)— in subparagraph (A), by amending the matter preceding clause
(i)to read as follows: If such failure continues for a second consecutive year, the Governor shall take corrective actions, including the development of a reorganization plan. Such plan shall— ; by redesignating subparagraphs
(B)and
(C)as subparagraphs
(C)and (D), respectively; by inserting after subparagraph (A), the following: If such failure continues for a third consecutive year, the Governor of a State shall reduce the amount of the grant that would (in the absence of this subparagraph) be payable to the local area under such program for the program year after such third consecutive year. Such penalty shall be based on the degree of failure to meet local levels of performance. ; in subparagraph (C)(i) (as so redesignated), by striking a reorganization plan under subparagraph
(A)may, not later than 30 days after receiving notice of the reorganization plan, appeal to the Governor to rescind or revise such plan and inserting corrective actions under subparagraphs
(A)and
(B)may, not later than 30 days after receiving notice of the actions, appeal to the Governor to rescind or revise such actions ; and in subparagraph
(D)(as so redesignated), by striking subparagraph
(B)each place it appears and inserting subparagraph
(C); in subsection (i)(1)(B), by striking subsection (b)(2)(C) and inserting subsection (b)(2)(B) ; in subsection (i)(1)(C), by striking (b)(3)(A)(vi) and inserting (b)(3)(A)(v) ; in subsection (i)(2), by striking the activities described in section 502 concerning ; in subsection (i)(3), by striking described in paragraph
(1)and in the activities described in section 502 and inserting and activities described in this subsection ; and by adding at the end the following new subsections: In addition to the programs carried out under chapter 5, and consistent with the requirements of the applicable authorizing laws, the Secretary shall use the core indicators of performance described in subsection (b)(2)(A) to assess the effectiveness of the programs described under section 121(b)(1)(B) that are carried out by the Secretary. At the discretion of the Governor of a State, a State may establish an incentive system for local boards to implement pay-for-performance contract strategies for the delivery of employment and training services in the local areas served by the local boards. A State that establishes a pay-for-performance incentive system shall reserve not more than 10 percent of the total amount allotted to the State under section 132(b)(2) for a fiscal year to provide funds to local areas in the State whose local boards have implemented a pay-for-performance contract strategy. A State described in paragraph
(2)shall use funds reserved by the State under section 133(a)(1) to evaluate the return on investment of pay-for-performance contract strategies implemented by local boards in the State. .
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- 29 USC 2871
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