Sec. 402. Performance accountability system
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/bill/114/s/3151/is/section-402·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The purpose of this section is to establish a comprehensive performance accountability system, comprised of the activities described in this section, to assess the effectiveness of States, other direct recipients, and local areas in achieving continuous improvement of worker training services and activities, in order to optimize the return on investment of Federal funds in statewide and local worker training services and activities. For each covered program providing worker training services and activities, required statistics shall include— the number of individuals who enrolled in the program; the number, and percentage, of individuals who completed the program; the total cost of the program; the cost of the program, per individual who enrolled in the program; and the cost of the program per individual who completed the program.
For each covered program providing worker training services and activities, performance indicators shall include— entry, by individuals unemployed when enrolling in the program, into unsubsidized employment that is related to the service or activity; retention of unsubsidized employment 6 months after entry into the employment, for individuals unemployed when enrolling in the program; increase in wages 6 months after completion of the program, for individuals employed when enrolling; attainment of a license or certification by individuals participating in the program; attainment of an academic degree or recognized equivalent by such individuals; attainment of basic skills and, as appropriate, work readiness or occupational skills by such individuals; and placement and retention of such individuals in institutions of higher education, advanced training, or an apprenticeship registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act ; 50 Stat. 664, chapter 663; 29 U.S.C. 50 et seq. ) or certified by the State, or placement and retention in military service.
For each covered program providing worker training services and activities, demographic factors shall include whether, at the time the individual enrolls in the program, the individual— is an individual with a disability; is blind, as determined pursuant to title II or title XVI of the Social Security Act ( 42 U.S.C. 401 et seq. and 1381 et seq.); has attained a secondary school diploma or the recognized equivalent of such diploma; has a degree from an institution of higher education; is long-term unemployed, meaning— the individual has been unemployed for not less than 27 consecutive weeks prior to enrolling in a worker training service or activity supported under this Act; or the individual is a recipient of aid under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) or the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ); is a disadvantaged youth; is homeless; is an eligible adult offender, as defined in section 212(a) of the Second Chance Act of 2007 ( 42 U.S.C. 17532(a) ); and is an eligible youth offender, as defined in such section.
At the end of each fiscal year, any local board or entity carrying out a covered program providing worker training services and activities shall report all required statistics described in subsection (b)(1) and information indicating the level of performance on all applicable performance indicators described in subsection (b)(2) in accordance with the process established by the State Board under section 211(c)(6). The required statistics and information on the level of performance on all performance indicators included in the annual report shall be reported in the aggregate and disaggregated by the demographic factors described in subsection (b)(3).
An entity shall submit the information described in clauses
(i)and (ii)— in accordance with the process established by the State board, under section 211(c)(6), in the case of an entity that receives the funds for the covered program providing worker training services and activities through a grant, contract, or agreement with a Governor of a State, State board, local board, or one-stop operator, or in the case of a local board; or to the Secretary, consistent with regulations promulgated by the Secretary, in the case of any other direct recipient. By the last day of each fiscal year, each State board shall compile a report detailing the information received by the State board under subparagraph (A)(iii)(I) and submit it to the Secretary. The Secretary shall— make the information contained in the reports under paragraph
(1)available to the general public, through publication and other appropriate methods; disseminate State-by-State comparisons of the information; and submit the reports to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate. For each State board, there shall be established, in accordance with this subparagraph, levels of performance for each of the performance indicators described in subsection (b)(2). The levels of performance established under this subparagraph shall, at a minimum— be expressed in an objective, quantifiable, and measurable form; and show the progress of the State toward continuously improving in performance. Each State shall identify, in the State plan submitted under section 212, expected levels of performance for each of the performance indicators described in subsection (b)(2) for the years covered by the State plan. In order to ensure an optimal return on the investment of Federal funds in worker training services and activities, the Secretary and each Governor shall reach agreement on levels of performance for the State for each of the performance indicators for all of the fiscal years covered by the State plan. Such levels of performance shall be established for all participants in a covered program providing worker training services and activities through the State, State board, local board, or one-stop operator and disaggregated by the demographic factors described in subsection (b)(3). The levels agreed to shall be considered to be the State adjusted levels of performance for such years and shall be incorporated into the State plan prior to the approval of such plan. If unanticipated circumstances arise in a State, the Governor may request that the State adjusted levels of performance agreed to under clause
(iii)be revised. The Secretary shall issue objective criteria and methods for making such revisions. The State may, if the State chooses— select other performance indicators in addition to the indicators required under subsection (b)(2); and identify in the State plan the State levels of performance for such additional performance indicators. If a State fails to meet the State adjusted levels of performance under paragraph (1)(A) for a program for 2 consecutive fiscal years, or if a State fails to submit a complete report under subsection
(c)for any fiscal year, the Secretary may reduce by not more than 5 percent the amount of the grant that would (in the absence of this paragraph) be payable to the State under such program for the immediately succeeding fiscal year. Any such penalty for failure to meet the State adjusted levels of performance shall be based on the degree of failure to meet such State adjusted levels of performance. The Secretary shall use any amount retained as a result of a reduction in an allotment to a State made under subparagraph
(A)to increase the allotments to all other States under section 312(c)(2) in accordance with such section. By not later than 90 days after the effective date of this Act, the Secretary shall establish a performance accountability system for other direct recipients that— for each covered program providing worker training services and activities offered by such other direct recipient, establishes levels of performance for the indicators described in subsection (b)(2) (as applicable to the program), adjusted levels of performance for such indicators, and sanctions for failure to meet those levels; and is comparable to the accountability system for States established under subsections
(c)and (d). The Secretary shall promulgate regulations to carry out subsections
(c)through (e), and to establish requirements regarding the content, timing, and submission of the report required under subsection (c)(1), including requirements regarding what data should be provided and how that data should be formatted.
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Sec. 402
Performance accountability system
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