42 U.S.C. § 3056j — Treatment of assistance

Page 5803 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3056k 1 So in original. Subparagraph (A) does not contain clauses. 2 So in original. Probably should be ‘‘3141(b)(3)(A)(viii)’’. 3 See References in Text note below. 2014—Subsec. (a). Pub. L. 113–128, § 512(w)(7)(A), sub- stituted ‘‘Grantees under this subchapter shall be one- stop partners as described in subparagraphs (A) and (B)(v) of section 121(b)(1) of the Workforce Innovation and Opportunity Act in the one-stop delivery system established under section 121(e) of such Act for the ap- propriate local workforce development areas’’ for ‘‘Grantees under this subchapter shall be one-stop part- ners as described in subparagraphs (A) and (B)(vi) of section 121(b)(1) of the Workforce Investment Act of 1998 (29 U.S.C. 2841(b)(1)) in the one-stop delivery sys- tem established under section 134(c) of such Act (29 U.S.C. 2864(c)) for the appropriate local workforce in- vestment areas’’. Subsec. (b)(2). Pub. L. 113–128, § 512(w)(7)(B), sub- stituted ‘‘be signatories of the memorandum of under- standing established under section 121(c) of the Work- force Innovation and Opportunity Act’’ for ‘‘be signato- ries of the memorandum of understanding established under section 121(c) of the Workforce Investment Act of 1998 (29 U.S.C. 2841(c))’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2014 AMENDMENT Amendment by Pub. L. 113–128 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 an Effective Date note under section 3101 of Title 29, Labor. § 3056j. Treatment of assistance Assistance provided under this subchapter shall not be considered to be financial assistance described in section 1255a(h)(1)(A) of title 8. (Pub. L. 89–73, title V, § 512, as added Pub. L. 109–365, title V, § 501, Oct. 17, 2006, 120 Stat. 2580.) Editorial Notes PRIOR PROVISIONS A prior section 3056j, Pub. L. 89–73, title V, § 512, as added Pub. L. 106–501, title V, § 501, Nov. 13, 2000, 114 Stat. 2280, related to coordination with the Workforce Investment Act of 1998, prior to the general amendment of this subchapter by Pub. L. 109–365. See section 3056i of this title. § 3056k. Performance (a) Measures (1) Establishment and implementation of meas- ures The Secretary shall establish and imple- ment, after consultation with grantees, sub- grantees, and host agencies under this sub- chapter, States, older individuals, area agen- cies on aging, and other organizations serving older individuals, core measures of perform- ance for each grantee for projects and services carried out under this subchapter. The core measures of performance shall be applicable to each grantee under this subchapter without regard to whether such grantee operates the program directly or through subcontracts, subgrants, or agreements with other entities. (2) Content (A) Composition of measures The core measures of performance estab- lished by the Secretary in accordance with paragraph (1) shall consist of core indicators of performance specified in subsection (b)(1) and the expected levels of performance ap- plicable to each core indicator of perform- ance. (B) Expected levels of performance The Secretary and each grantee shall reach agreement on the expected levels of performance for each program year for each of the core indicators of performance speci- fied in subparagraph (A). Funds may not be awarded under the grant until such agree- ment is reached. At the conclusion of nego- tiations concerning the levels with all grant- ees, the Secretary shall make available for public review the final negotiated expected levels of performance for each grantee, in- cluding any comments submitted by the grantee regarding the grantee’s satisfaction with the negotiated levels. (C) Agreement on expected levels of perform- ance (i) First 2 years Each grantee shall reach agreement with the Secretary on levels of performance for each measure described in subparagraph (A)(i),1 for each of the first 2 program years covered by the grant agreement. In reaching the agreement, the grantee and the Secretary shall take into account the expected levels proposed by the grantee and the factors described in subparagraph (D). The levels agreed to shall be consid- ered to be the expected levels of perform- ance for the grantee for such program years. (ii) Third and fourth year Each grantee shall reach agreement with the Secretary, prior to the third program year covered by the grant agreement, on levels of performance for each measure de- scribed in subparagraph (A), for each of the third and fourth program years so covered. In reaching the agreement, the grantee and the Secretary shall take into account the expected levels proposed by the grant- ee and the factors described in subpara- graph (D). The levels agreed to shall be considered to be the expected levels of per- formance for the grantee for such program years. (D) Factors In reaching the agreements described in subparagraph (B), each grantee and the Sec- retary shall— (i) take into account how the levels in- volved compare with the expected levels of performance established for other grant- ees; (ii) ensure that the levels involved are adjusted, using an objective statistical model based on the model established by the Secretary in accordance with section 3141(a)(3)(A)(viii) 2 of title 29; 3 and (iii) take into account the extent to which the levels involved promote contin- uous improvement in performance ac-