42 U.S.C. § 3056i — Coordination with the Workforce Innova-

Page 5802 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3056h Act to the Code, see Short Title note set out under sec- tion 2011 of Title 7 and Tables. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. PRIOR PROVISIONS A prior section 3056g, Pub. L. 89–73, title V, § 509, as added Pub. L. 106–501, title V, § 501, Nov. 13, 2000, 114 Stat. 2280, related to employment assistance and Fed- eral housing and food stamp programs, prior to the gen- eral amendment of this subchapter by Pub. L. 109–365. Another prior section 3056g, Pub. L. 89–73, title V, § 509, as added Pub. L. 100–175, title I, § 166, Nov. 29, 1987, 101 Stat. 958, related to employment assistance and Federal housing and food stamp programs, prior to the general amendment of this subchapter by Pub. L. 106–501. AMENDMENTS 2014—Pub. L. 113–79 substituted ‘‘supplemental nutri- tion assistance programs’’ for ‘‘food stamp programs’’ in section catchline. 2008—Pub. L. 110–246, § 4002(b)(1)(B), (2)(BB), sub- stituted ‘‘Food and Nutrition Act of 2008’’ for ‘‘Food Stamp Act of 1977’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. Amendment by section 4002(b)(1)(B), (2)(BB) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress. § 3056h. Eligibility for workforce investment ac- tivities Eligible individuals under this subchapter may be considered by local workforce development boards and one-stop operators established under title I of the Workforce Innovation and Oppor- tunity Act [29 U.S.C. 3111 et seq.] to satisfy the requirements for receiving services under such title that are applicable to adults. (Pub. L. 89–73, title V, § 510, as added Pub. L. 109–365, title V, § 501, Oct. 17, 2006, 120 Stat. 2580; amended Pub. L. 113–128, title V, § 512(w)(6), July 22, 2014, 128 Stat. 1715.) Editorial Notes REFERENCES IN TEXT The Workforce Innovation and Opportunity Act, re- ferred to in text, is Pub. L. 113–128, July 22, 2014, 128 Stat. 1425. Title I of the Act is classified generally to subchapter I (§ 3111 et seq.) of chapter 32 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of Title 29 and Tables. PRIOR PROVISIONS A prior section 3056h, Pub. L. 89–73, title V, § 510, as added Pub. L. 106–501, title V, § 501, Nov. 13, 2000, 114 Stat. 2280, related to eligibility for workforce invest- ment activities, prior to the general amendment of this subchapter by Pub. L. 109–365. Another prior section 3056h, Pub. L. 89–73, title V, § 510, as added Pub. L. 102–375, title V, § 506, Sept. 30, 1992, 106 Stat. 1269; amended Pub. L. 103–171, § 2(20), Dec. 2, 1993, 107 Stat. 1989; Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(d)(33)(D), (f)(25)(D)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–426, 2681–433, related to dual eligi- bility, prior to the general amendment of this sub- chapter by Pub. L. 106–501. AMENDMENTS 2014—Pub. L. 113–128 substituted ‘‘by local workforce development boards and one-stop operators established under title I of the Workforce Innovation and Oppor- tunity Act’’ for ‘‘by local workforce investment boards and one-stop operators established under title I of the Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.)’’ and ‘‘such title’’ for ‘‘such title I’’. 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. § 3056i. Coordination with the Workforce Innova- tion and Opportunity Act (a) Partners 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 [29 U.S.C. 3151(b)(1)] in the one-stop delivery system estab- lished under section 121(e) of such Act [29 U.S.C. 3151(e)] for the appropriate local workforce de- velopment areas, and shall carry out the respon- sibilities relating to such partners. (b) Coordination In local workforce investment areas where more than 1 grantee under this subchapter pro- vides services, the grantees shall— (1) coordinate their activities related to the one-stop delivery systems; and (2) be signatories of the memorandum of un- derstanding established under section 121(c) of the Workforce Innovation and Opportunity Act [29 U.S.C. 3151(c)]. (Pub. L. 89–73, title V, § 511, as added Pub. L. 109–365, title V, § 501, Oct. 17, 2006, 120 Stat. 2580; amended Pub. L. 113–128, title V, § 512(w)(7), July 22, 2014, 128 Stat. 1716; Pub. L. 114–144, § 6(c), Apr. 19, 2016, 130 Stat. 343.) Editorial Notes PRIOR PROVISIONS A prior section 3056i, Pub. L. 89–73, title V, § 511, as added Pub. L. 106–501, title V, § 501, Nov. 13, 2000, 114 Stat. 2280, provided that assistance under this sub- chapter was not financial assistance described in sec- tion 1255a(h)(1)(A) of title 8, prior to the general amend- ment of this subchapter by Pub. L. 109–365. See section 3056j of this title. Another prior section 3056i, Pub. L. 89–73, title V, § 511, as added Pub. L. 102–375, title V, § 507, Sept. 30, 1992, 106 Stat. 1269, related to treatment of assistance, prior to the general amendment of this subchapter by Pub. L. 106–501. AMENDMENTS 2016—Pub. L. 114–144 substituted ‘‘Workforce Innova- tion and Opportunity Act’’ for ‘‘Workforce Investment Act of 1998’’ in section catchline. 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-