29 USC 3141 - Performance accountability system

U.S Code last checked for updates: Apr 26, 2024

§ 3141.

Performance accountability system

(a)

Purpose

(b)

State performance accountability measures

(1)

In general

For each State, the performance accountability measures for the core programs shall consist of—

(A)

(i)

the primary indicators of performance described in paragraph (2)(A); and

(ii)

the additional indicators of performance (if any) identified by the State under paragraph (2)(B); and

(B)

a State adjusted level of performance for each indicator described in subparagraph (A).

(2)

Indicators of performance

(A)

Primary indicators of performance

(i)

In general

The State primary indicators of performance for activities provided under the adult and dislocated worker programs authorized under subpart 3 of part B, the program of adult education and literacy activities authorized under subchapter II, the employment services program authorized under sections 1 through 13 of the Wagner-Peyser Act (29 U.S.C. 49 et seq.) (except that subclauses (IV) and (V) shall not apply to such program), 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—

(I)

the percentage of program participants who are in unsubsidized employment during the second quarter after exit from the program;

(II)

the percentage of program participants who are in unsubsidized employment during the fourth quarter after exit from the program;

(III)

the median earnings of program participants who are in unsubsidized employment during the second quarter after exit from the program;

(IV)

the percentage of program participants who obtain a recognized postsecondary credential, or a secondary school diploma or its recognized equivalent (subject to clause (iii)), during participation in or within 1 year after exit from the program;

(V)

the percentage of program participants who, during a program year, are in an education or training program that leads to a recognized postsecondary credential or employment and who are achieving measurable skill gains toward such a credential or employment; and

(VI)

the indicators of effectiveness in serving employers established pursuant to clause (iv).

(ii)

Primary indicators for eligible youth

The primary indicators of performance for the youth program authorized under subpart 2 of part B shall consist of—

(I)

the percentage of program participants who are in education or training activities, or in unsubsidized employment, during the second quarter after exit from the program;

(II)

the percentage of program participants who are in education or training activities, or in unsubsidized employment, during the fourth quarter after exit from the program; and

(III)

the primary indicators of performance described in subclauses (III) through (VI) of subparagraph (A)(i).

(iii)

Indicator relating to credential

(iv)

Indicator for services to employers

(B)

Additional indicators

(3)

Levels of performance

(A)

State adjusted levels of performance for primary indicators

(i)

In general

(ii)

Included programs

The programs included under clause (i) are—

(I)

the youth program authorized under subpart 2 of part B;

(II)

the adult program authorized under subpart 3 of part B;

(III)

the dislocated worker program authorized under subpart 3 of part B;

(IV)

the program of adult education and literacy activities authorized under subchapter II;

(V)

the employment services program authorized under sections 1 through 13 of the Wagner-Peyser Act (29 U.S.C. 49 et seq.); and

(VI)

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).

(iii)

Identification in State plan

(iv)

Agreement on State adjusted levels of performance

(I)

First 2 years

(II)

Third and fourth year

(v)

Factors

In reaching the agreements described in clause (iv), the State and Secretaries shall—

(I)

take into account how the levels involved compare with the State adjusted levels of performance established for other States;

(II)

ensure that the levels involved are adjusted, using the objective statistical model established by the Secretaries pursuant to clause (viii), based on—

(aa)

the differences among States in actual economic conditions (including differences in unemployment rates and job losses or gains in particular industries); and

(bb)

the characteristics of participants when the participants entered the program involved, including indicators of poor work history, lack of work experience, lack of educational or occupational skills attainment, dislocation from high-wage and high-benefit employment, low levels of literacy or English proficiency, disability status, homelessness, ex-offender status, and welfare dependency;

(III)

take into account the extent to which the levels involved promote continuous improvement in performance accountability on the performance accountability measures by such State and ensure optimal return on the investment of Federal funds; and

(IV)

take into account the extent to which the levels involved will assist the State in meeting the goals described in clause (vi).

(vi)

Goals

(vii)

Revisions based on economic conditions and individuals served during the program year

(viii)

Statistical adjustment model

(B)

Levels of performance for additional indicators

(4)

Definitions of indicators of performance

(A)

In general

(B)

Representatives

(c)

Local performance accountability measures for part B

(1)

In general

For each local area in a State designated under section 3121 of this title, the local performance accountability measures for each of the programs described in subclauses (I) through (III) of subsection (b)(3)(A)(ii) shall consist of—

(A)

(i)

the primary indicators of performance described in subsection (b)(2)(A) that are applicable to such programs; and

(ii)

additional indicators of performance, if any, identified by the State for such programs under subsection (b)(2)(B); and

(B)

the local level of performance for each indicator described in subparagraph (A).

(2)

Local level of performance

(3)

Adjustment factors

(d)

Performance reports

(1)

In general

(2)

Contents of State performance reports

The performance report for a State shall include, subject to paragraph (5)(C)—

(A)

information specifying the levels of performance achieved with respect to the primary indicators of performance described in subsection (b)(2)(A) for each of the programs described in subsection (b)(3)(A)(ii) and the State adjusted levels of performance with respect to such indicators for each program;

(B)

information specifying the levels of performance achieved with respect to the primary indicators of performance described in subsection (b)(2)(A) for each of the programs described in subsection (b)(3)(A)(ii) with respect to individuals with barriers to employment, disaggregated by each subpopulation of such individuals, and by race, ethnicity, sex, and age;

(C)

the total number of participants served by each of the programs described in subsection (b)(3)(A)(ii);

(D)

the number of participants who received career and training services, respectively, during the most recent program year and the 3 preceding program years, and the amount of funds spent on each type of service;

(E)

the number of participants who exited from career and training services, respectively, during the most recent program year and the 3 preceding program years;

(F)

the average cost per participant of those participants who received career and training services, respectively, during the most recent program year and the 3 preceding program years;

(G)

the percentage of participants in a program authorized under this part who received training services and obtained unsubsidized employment in a field related to the training received;

(H)

the number of individuals with barriers to employment served by each of the programs described in subsection (b)(3)(A)(ii), disaggregated by each subpopulation of such individuals;

(I)

the number of participants who are enrolled in more than 1 of the programs described in subsection (b)(3)(A)(ii);

(J)

the percentage of the State’s annual allotment under section 3172(b) of this title

that the State spent on administrative costs;

(K)

in the case of a State in which local areas are implementing pay-for-performance contract strategies for programs—

(i)

the performance of service providers entering into contracts for such strategies, measured against the levels of performance specified in the contracts for such strategies; and

(ii)

an evaluation of the design of the programs and performance of the strategies, and, where possible, the level of satisfaction with the strategies among employers and participants benefitting from the strategies; and

(L)

other information that facilitates comparisons of programs with programs in other States.

(3)

Contents of local area performance reports

The performance reports for a local area shall include, subject to paragraph (6)(C)—

(A)

the information specified in subparagraphs (A) through (L) of paragraph (2), for each of the programs described in subclauses (I) through (III) of subsection (b)(3)(A)(ii);

(B)

the percentage of the local area’s allocation under sections 3163(b) and 3173(b) of this title that the local area spent on administrative costs; and

(C)

other information that facilitates comparisons of programs with programs in other local areas (or planning regions, as appropriate).

(4)

Contents of eligible training providers performance reports

The performance report for an eligible provider of training services under section 3152 of this title shall include, subject to paragraph (6)(C), with respect to each program of study (or the equivalent) of such provider—

(A)

information specifying the levels of performance achieved with respect to the primary indicators of performance described in subclauses (I) through (IV) of subsection (b)(2)(A)(i) with respect to all individuals engaging in the program of study (or the equivalent);

(B)

the total number of individuals exiting from the program of study (or the equivalent);

(C)

the total number of participants who received training services through each of the adult program and the dislocated worker program authorized under subpart 3 of part B, disaggregated by the type of entity that provided the training, during the most recent program year and the 3 preceding program years;

(D)

the total number of participants who exited from training services, disaggregated by the type of entity that provided the training, during the most recent program year and the 3 preceding program years;

(E)

the average cost per participant for the participants who received training services, disaggregated by the type of entity that provided the training, during the most recent program year and the 3 preceding program years; and

(F)

the number of individuals with barriers to employment served by each of the adult program and the dislocated worker program authorized under subpart 3 of part B, disaggregated by each subpopulation of such individuals, and by race, ethnicity, sex, and age.

(5)

Data validation

(6)

Publication

(A)

State performance reports

(B)

Local area and eligible training provider performance reports

(C)

Rules for reporting of data

(D)

Dissemination to Congress

(e)

Evaluation of State programs

(1)

In general

(2)

Design

(3)

Results

(4)

Cooperation with Federal evaluations

(f)

Sanctions for State failure to meet State performance accountability measures

(1)

States

(A)

Technical assistance

(B)

Reduction in amount of grant

(g)

Sanctions for local area failure to meet local performance accountability measures

(1)

Technical assistance

(2)

Corrective actions

(A)

In general

If such failure continues for a third consecutive year, the Governor shall take corrective actions, which shall include development of a reorganization plan through which the Governor shall—

(i)

require the appointment and certification of a new local board, consistent with the criteria established under section 3122(b) of this title;

(ii)

prohibit the use of eligible providers and one-stop partners identified as achieving a poor level of performance; or

(iii)

take such other significant actions as the Governor determines are appropriate.

(B)

Appeal by local area

(i)

Appeal to Governor

(ii)

Subsequent action

(C)

Effective date

(h)

Establishing pay-for-performance contract strategy incentives

(i)

Fiscal and management accountability information systems

(1)

In general

(2)

Wage records

(3)

Confidentiality

(Pub. L. 113–128, title I, § 116, July 22, 2014, 128 Stat. 1471; Pub. L. 114–18, § 2(c), May 22, 2015, 129 Stat. 213.)

cite as: 29 USC 3141