96 STAT. 1332 29 USC 1515. Publication. Appeal. PUBLIC LAW 97-300-OCT. 13, 1982 (A) a description of activities conducted during the program year; (B) characteristics of participants; and (C) the extent to which the activities exceeded or failed to meet relevant performance standards. (c) If changes in labor market conditions, funding, or other factors require substantial deviation from an approved job training plan, the private industry council and the appropriate chief elected official or officials (as described in section 103(c)) shall submit a modification of such plan (including modification of the budget under subsection (b)(6)), which shall be subject to review in accordance with section 105. REVIEW AND APPROVAL OF PLAN SEC. 105. (a)(1) Not less than 120 days before the beginning of the first of the two program years covered by the job training plan— (A) the proposed plan or summary thereof shall be published; and (B) such plan shall be made available for review and comment to (i) each house of the State legislature for appropriate referral; (ii) appropriate local educational and other public agencies in the service delivery area; and (iii) labor organizations in the area which represent employees having the skills in which training is proposed; and (C) such plan shall be reasonably available to the general public through such means as public hearings and local news facilities. (2) The final plan, or a summary thereof, shall be published not later than 80 days before the first of the two program years and shall be submitted to the Governor in accordance with section 103(d)(2). Any modification shall be published not later than 80 days before it is effective and shall be submitted to the Governor in accordance with such section. (bX1) The Governor shall approve the job training plan or modification thereof unless he finds that (A) corrective measures for deficiencies found in audits or in meeting performance standards from previous years have not been taken or are not acceptably underway; (B) the entity proposed to administer the program does not have the capacity to administer the funds; (C) there are inadequate safeguards for the protection of funds received; (D) the plan (or modification) does not comply with a particular provision or provisions of this Act or of regulations of the Secretary under this Act; or (E) the plan (or modification) does not comply with the criteria under section 121(b) for coordinating activities under this Act with related program activities. (2) The Governor shall approve or disapprove a job training plan (or modification) within 30 days after the date that the plan (or modification) is submitted, except that if a petition is filed under paragraph (3) such period shall be extended to 45 days. Any disapproval by the Governor may be appealed to the Secretary, who shall PUBLIC LAW 97-300-OCT. 13, 1982 make a final decision of whether the Governor's disapproval complies with paragraph (1) of this subsection within 45 days after receipt of the appeal. 96 STAT. 1333 (3)A) Interested parties may petition the Governor within 15 days Petition. of the date of submission for disapproval of the plan or modification thereof if (i) the party can demonstrate that it represents a substantial client interest, (ii) the party took appropriate steps to present its views and seek resolution of disputed issues prior to submission of the plan to the Governor, and (iii) the request for disapproval is based on a violation of statutory requirements. notification. (B) If the Governor approves the plan (or modification), the Gover- Petitioner, nor shall notify the petitioner in writing of such decision and the reasons therefor. (c)(1) If a private industry council and the appropriate chief Service delivery elected official or officials fail to reach the agreement required areas, redesignation. under section 103 (b) or (d) and, as a consequence, funds for a service delivery area may not be made available under section 104, then the Governor shall redesignate, without regard to sections 101 (a)(4) and (cX1), the service delivery areas in the State to merge the affected area into one or more other service delivery areas, in order to promote the reaching of agreement. (2) In any State in which service delivery areas are redesignated under paragraph (1), private industry councils shall, to the extent necessary for the redesignation, be reconstituted and job training plans modified as required to comply with sections 102 and 103. Services under an approved plan shall not be suspended while the council is reconstituted and the plan is modified. (d) In any case in which the service delivery area is a State, the Plan submittal. plan (or modification) shall be submitted to the Secretary for approval. For the purpose of this subsection, the Secretary shall have the same authority as the Governor has under this section. PERFORMANCE STANDARDS SEC. 106. (a) The Congress recognizes that job training is an investment in human capital and not an expense. In order to determine whether that investment has been productive, the Congress finds that (1) it is essential that criteria for measuring the return on this investment be developed; and (2) the basic return on the investment is to be measured by the increased employment and earnings of participants and the reductions in welfare dependency. 29 USC 1516. Adult training (b)(1) The basic measure of performance for adult training programs under title II is the increase in employment and earnings and programs. the reductions in welfare dependency resulting from participation in the program. In order to determine whether these basic measures are achieved, the Secretary shall prescribe standards on the basis of appropriate factors which may include (A) placement in unsubsidized employment, (B) retention in unsubsidized employment, (C) the increase in earnings, including hourly wages, and (D) reduction in the number of individuals and families receiving cash welfare payments and the amounts of such payments. 96 STAT. 1334 Youth programs. Post, p. 1357. Report to Modification. Report to PUBLIC LAW 97-300-OCT. 13, 1982 (2) In prescribing standards under this section the Secretary shall also designate factors for evaluating the performance of youth programs which, in addition to appropriate utilization of the factors described in paragraph (1), shall be (A) attainment of recognized employment competencies recognized by the private industry council, (B) elementary, secondary, and postsecondary school completion, or the equivalent thereof, and (C) enrollment in other training programs or apprenticeships, or enlistment in the Armed Forces. (3) The standards shall include provisions governing (A) the base period prior to program participation that will be used; (B) a representative period after termination from the program that is a reasonable indicator of postprogram earnings and cash welfare payment reductions; and (C) cost-effective methods for obtaining such data as is necessary to carry out this section, which, notwithstanding any other provision of law, may include access to earnings records, State employment security records, Federal Insurance Contributions Act records, State aid to families with dependent children records, statistical sampling techniques, and similar records or measures. (4) The Secretary shall prescribe performance standards relating gross program expenditures to various performance measures. (c) Within six months after the date of the enactment of this Act, the Secretary shall establish initial performance standards which are designed to contribute to the achievement of the performance goals set forth in subsection (b)(1), based upon data accumulated under the Comprehensive Employment and Training Act, from the National Commission for Employment Policy, and from other appropriate sources. In the development of the initial standards under this subsection, the Secretary shall relate gross program expenditures to the accomplishment of program goals set forth in subsection (b)(1). (d)(1) The Secretary shall, not later than January 31, 1984, prescribe performance standards for the first program year under this Act to measure the results of the participation in the program to achieve the goals set forth in subsection (b)(1) based upon the initial standards established in subsection (c). (2) The Secretary, not later than six months after the completion of the first two program years, shall prepare and submit a report to the Congress containing the performance standards established under paragraph (1) of this subsection, together with an analysis of the manner in which the performance standards contribute to the achievement of the goals set forth in subsection (b)(1), including the relative importance of each standard to the accomplishment of such goals. (3) The Secretary shall prescribe variations in performance standards for special populations to be served, including Native Americans, migrant and seasonal farmworkers, and ex-offenders, taking into account their special circumstances. (4)(A) The Secretary may modify the performance standards under this subsection not more often than once every two program years and such modifications shall not be retroactive. (B) The Secretary shall prepare and submit a report to the Congress containing any modifications established under subparagraph. (A), and the reasons for such modifications. PUBLIC LAW 97-300-OCT. 13, 1982 96 STAT. 1335 standards. (e) Each Governor may prescribe, within parameters established Variations of by the Secretary, variations in the standards under this subsection based upon specific economic, geographic, and demographic factors in the State and in service delivery areas within the State, the characteristics of the population to be served, and the type of services to be provided. (f) The National Commission for Employment Policy shall (1) Development of advise the Secretary in the development of performance standards standards. under this section for measuring results of participation in job training and in the development of parameters for variations of such standards referred to in subsection (e), (2) evaluate the usefulness of such standards as measures of desired performance, and (3) evaluate the impacts of such standards (intended or otherwise) on the choice of who is served, what services are provided, and the cost of such services in service delivery areas. (g) The Secretary shall prescribe performance standards for programs under title III based on placement and retention in unsubsi- Post, p. 1364. dized employment. (h)(1) The Governor shall provide technical assistance to programs Reorganizaiton which do not meet performance criteria. If the failure to meet plan. performance standards persists for a second year, the Governor shall impose a reorganization plan. Such plan may restructure the private industry council, prohibit the use of designated service providers or make such other changes as the Governor deems necessary to improve performance. The Governor may also select an alternate entity to administer the program for the service delivery area. (2) The alternate administrative entity may be a newly formed private industry council or any agency jointly selected by the Governor and the chief elected official of the largest unit of general local government in the service delivery area. (3) No change may be made under this subsection without an opportunity for a hearing before a hearing officer. (4) The decision of the Governor may be appealed to the Secretary, Appeal. who shall make a final decision within 60 days of the receipt of the appeal. SELECTION OF SERVICE PROVIDERS SEC. 107. (a) The primary consideration in selecting agencies or organizations to deliver services within a service delivery area shall be the effectiveness of the agency or organization in delivering comparable or related services based on demonstrated performance, in terms of the likelihood of meeting performance goals, cost, quality of training, and characteristics of participants. In complying with this subsection, proper consideration shall be given to communitybased organizations as service providers. 29 USC 1517. (b) Funds provided under this Act shall not be used to duplicate Restrictions. facilities or services available in the area (with or without reimbursement) from Federal, State, or local sources, unless it is demonstrated that alternative services or facilities would be more effective or more likely to achieve the service delivery area's performance goals. Educational (c) Appropriate education agencies in the service delivery area shall be provided the opportunity to provide educational services, services. unless the administrative entity demonstrates that alternative agencies or organizations would be more effective or would have greater 96 STAT. 1336 29 USC 1518. Post, p. 1358 Work experience expenditure. PUBLIC LAW 97-300–OCT. 13, 1982 potential to enhance the participants' continued occupational and career growth. (d) The administrative entity shall not fund any occupational skills training program unless the level of skills provided in the program are in accordance with guidelines established by the private industry council. LIMITATION ON CERTAIN COSTS Sec. 108. (a) Not more than 15 percent of the funds available to a service delivery area for any fiscal year for programs under part A of title II may be expended for the cost of administration. For purposes of this paragraph, costs of program support (such as coun seling) which are directly related to the provision of education or training and such additional costs as may be attributable to the development of training described in section 2048 shall not be counted as part of the cost of administration. (b1) Not more than 30 percent of the funds available to a service delivery area for any fiscal year for programs under part A of title II may be expended for administrative costs (as defined under subser tion (a)) and costs specified in paragraph (2). (2)A) For purposes of paragraph (1), the costs specified in this paragraph are (i) 50 percent of any work experience expenditures which meet the requirements of paragraph (3) (ii) 100 percent of the cost of any work experience program expenditures which do not meet the requirements of paragraph (3), (iii) supportive services; and (iv) needs-based projects described in section 204(27). (B) For purposes of paragraph (1), the costs specified in this paragraph do not include expenditures for tryout employment which meets the requirements of section 205(d) (3)1ĖL (3) For purposes of paragraph (2), a work experience expenditure meets the requirements of this paragraph if— (A) the work experience is of not more than 6 months' duration and is combined with a classroom or other training pro gram; (B) an individual participant is prohibited from participating in any other work experience program following participation in a program meeting the requirements of this paragraph; (C) the classroom or other training program component is specified in a preemployment contract or meets established academic standards; and (D) wages paid in the work experience program do not exceed the prevailing entry-level wage for the same occupation in the same labor market area. (c)(1) Notwithstanding subsection (b), expenditures may be made in excess of the limitation contained in such subsection if such expenditures are made in accordance with the requirements of this subsection. (2) Expenditures may be made in excess of the limitation contained in subsection (b) in any service delivery area if— (A) the private industry council for such area initiates a request for such excess costs; and (B) excess costs are due to one or more of the following conditions in such area: |