29 U.S.C. § 726 — Evaluation standards and performance in-

Page 244 TITLE 29—LABOR § 726 Subsec. (b)(5)(B). Pub. L. 105–277, § 101(f) [title VIII, § 402(c)(6)(C)], substituted ‘‘chief executive officer’’ for ‘‘Governor’’ in heading and ‘‘appointing authority de- scribed in paragraph (3) shall’’ for ‘‘Governor shall’’ in text. Subsec. (b)(6)(A)(ii), (7)(B). Pub. L. 105–277, § 101(f) [title VIII, § 402(c)(6)(D)], substituted ‘‘appointing au- thority described in paragraph (3)’’ for ‘‘Governor’’. Statutory Notes and Related Subsidiaries DEFINITIONS OF TERMS IN PUB. L. 113–128 Except as otherwise provided, definitions in section 3 of Pub. L. 113–128, which is classified to section 3102 of this title, apply to this section. § 726. Evaluation standards and performance in- dicators (a) In general (1) Standards and indicators The evaluation standards and performance indicators for the vocational rehabilitation program carried out under this subchapter shall be subject to the performance account- ability provisions described in section 3141(b) of this title. (2) Additional performance accountability indi- cators A State may establish and provide informa- tion on additional performance accountability indicators, which shall be identified in the State plan submitted under section 721 of this title. (b) Compliance (1) State reports In accordance with regulations established by the Secretary, each State shall report to the Commissioner after the end of each fiscal year the extent to which the State is in com- pliance with the standards and indicators. (2) Program improvement (A) Plan If the Commissioner determines that the performance of any State is below estab- lished standards, the Commissioner shall provide technical assistance to the State, and the State and the Commissioner shall jointly develop a program improvement plan outlining the specific actions to be taken by the State to improve program performance. (B) Review The Commissioner shall— (i) on a biannual basis, review the pro- gram improvement efforts of the State and, if the State has not improved its per- formance to acceptable levels, as deter- mined by the Commissioner, direct the State to make further revisions to the plan to improve performance; and (ii) continue to conduct such reviews and request such revisions until the State sus- tains satisfactory performance over a pe- riod of more than 1 year. (c) Withholding If the Commissioner determines that a State whose performance falls below the established standards has failed to enter into a program im- provement plan, or is not complying substan- tially with the terms and conditions of such a program improvement plan, the Commissioner shall, consistent with subsections (c) and (d) of section 727 of this title, reduce or make no fur- ther payments to the State under this program, until the State has entered into an approved program improvement plan, or satisfies the Commissioner that the State is complying sub- stantially with the terms and conditions of such a program improvement plan, as appropriate. (d) Report to Congress Beginning in fiscal year 1999, the Commis- sioner shall include in each annual report to the Congress under section 710 of this title an anal- ysis of program performance, including relative State performance, based on the standards and indicators. (Pub. L. 93–112, title I, § 106, as added Pub. L. 105–220, title IV, § 404, Aug. 7, 1998, 112 Stat. 1156; amended Pub. L. 113–128, title IV, § 416, July 22, 2014, 128 Stat. 1654.) Editorial Notes PRIOR PROVISIONS A prior section 726, Pub. L. 93–112, title I, § 106, as added Pub. L. 102–569, title I, § 127(a), Oct. 29, 1992, 106 Stat. 4385, related to evaluation standards and perform- ance indicators, prior to the general amendment of this subchapter by Pub. L. 105–220. AMENDMENTS 2014—Subsec. (a). Pub. L. 113–128, § 416(1), added sub- sec. (a) and struck out former subsec. (a) which pro- vided for the establishment, review, and revision of evaluation standards and performance indicators. Subsec. (b)(2)(B)(i). Pub. L. 113–128, § 416(2), sub- stituted ‘‘on a biannual basis, review the program im- provement efforts of the State and, if the State has not improved its performance to acceptable levels, as deter- mined by the Commissioner, direct the State’’ for ‘‘re- view the program improvement efforts of the State on a biannual basis and, if necessary, request the State’’. Statutory Notes and Related Subsidiaries DEFINITIONS OF TERMS IN PUB. L. 113–128 Except as otherwise provided, definitions in section 3 of Pub. L. 113–128, which is classified to section 3102 of this title, apply to this section. § 727. Monitoring and review (a) In general (1) Duties In carrying out the duties of the Commis- sioner under this subchapter, the Commis- sioner shall— (A) provide for the annual review and peri- odic onsite monitoring of programs under this subchapter; and (B) determine whether, in the administra- tion of the State plan, a State is complying substantially with the provisions of such plan and with evaluation standards and per- formance indicators established under sec- tion 726 of this title. (2) Procedures for reviews In conducting reviews under this section the Commissioner shall consider, at a minimum—