{"identifier":"/us/usc/t42/s3056k","title":42,"num":"\u00a7\u202f3056k.","heading":"Performance","text":"\u00a7\u202f3056k.\nPerformance\n(a)\nMeasures\n(1)\nEstablishment and implementation of measures\nThe Secretary shall establish and implement, after consultation with grantees, subgrantees, and host agencies under this subchapter, States, older individuals, area agencies on aging, and other organizations serving older individuals, core measures of performance 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.\n(2)\nContent\n(A)\nComposition of measures\nThe core measures of performance established 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 applicable to each core indicator of performance.\n(B)\nExpected levels of performance\nThe 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 specified in subparagraph (A). Funds may not be awarded under the grant until such agreement is reached. At the conclusion of negotiations concerning the levels with all grantees, the Secretary shall make available for public review the final negotiated expected levels of performance for each grantee, including any comments submitted by the grantee regarding the grantee\u2019s satisfaction with the negotiated levels.\n(C)\nAgreement on expected levels of performance\n(i)\nFirst 2 years\nEach grantee shall reach agreement with the Secretary on levels of performance for each measure described in subparagraph (A)(i),\n1\n1 So in original. Subparagraph (A) does not contain clauses.\n(ii)\nThird and fourth year\nEach 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 described 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 grantee and the factors described in subparagraph (D). The levels agreed to shall be considered to be the expected levels of performance for the grantee for such program years.\n(D)\nFactors\nIn reaching the agreements described in subparagraph (B), each grantee and the Secretary shall\u2014\n(i) take into account how the levels involved compare with the expected levels of performance established for other grantees;\n(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)\n2\n2 So in original. Probably should be \u201c3141(b)(3)(A)(viii)\u201d.\n3\n3 See References in Text note below.\n(iii) take into account the extent to which the levels involved promote continuous improvement in performance accountability on the core measures and ensure optimal return on the investment of Federal funds.\n(E)\nAdjustments based on economic conditions and individuals served during the program year\nThe Secretary shall, in accordance with the objective statistical model developed pursuant to subparagraph (D)(ii), adjust the expected levels of performance for a program year for grantees, to reflect the actual economic conditions and characteristics of participants in the corresponding projects during such program year.\n(3)\nLimitation\nAn agreement to be evaluated on the core measures of performance shall be a requirement for application for, and a condition of, all grants authorized by this subchapter.\n(b)\nIndicators of performance\n(1)\nCore indicators\nThe core indicators of performance described in subsection (a)(2)(A) shall consist of\u2014\n(A) hours (in the aggregate) of community service employment;\n(B) the percentage of project participants who are in unsubsidized employment during the second quarter after exit from the project;\n(C) the percentage of project participants who are in unsubsidized employment during the fourth quarter after exit from the project;\n(D) the median earnings of project participants who are in unsubsidized employment during the second quarter after exit from the project;\n(E) indicators of effectiveness in serving employers, host agencies, and project participants; and\n(F) the number of eligible individuals served, including the number of participating individuals described in subsection (a)(3)(B)(ii) or (b)(2) of\nsection 3056p of this title\n(2)\nDefinitions of indicators\nThe Secretary, after consultation with national and State grantees, representatives of business and labor organizations, and providers of services, shall, by regulation, issue definitions of the indicators of performance described in paragraph (1).\n(c)\nEvaluation\nThe Secretary shall annually evaluate, and publish and make available for public review information on, the actual performance of each grantee with respect to the levels achieved for each of the core indicators of performance, compared to the expected levels of performance established under subsection (a)(2)(B) (including any adjustments to such levels made in accordance with subsection (a)(2)(E)).\n(d)\nTechnical assistance and corrective efforts\n(1)\nInitial determinations\n(A)\nIn general\nAs soon as practicable after\nJuly 1, 2016\n(B)\nTechnical assistance\nIf the Secretary determines that the grantee, for program year 2016, failed to meet the expected levels of performance described in subparagraph (A), the Secretary shall provide technical assistance to assist the grantee to meet the expected levels of performance.\n(2)\nNational grantees\n(A)\nIn general\nNot later than 120 days after the end of each program year, the Secretary shall determine if a national grantee awarded a grant under\nsection 3056(b) of this title\nl\n(B)\nTechnical assistance and corrective action plan\n(i)\nIn general\nIf the Secretary determines that a national grantee fails to meet the expected levels of performance described in subparagraph (A), the Secretary after each year of such failure, shall provide technical assistance and require such grantee to submit a corrective action plan not later than 160 days after the end of the program year.\n(ii)\nContent\nThe plan submitted under clause (i) shall detail the steps the grantee will take to meet the expected levels of performance in the next program year.\n(iii)\nRecompetition\nAny grantee who has failed to meet the expected levels of performance for 4 consecutive years shall not be allowed to compete in the subsequent grant competition under section 3056\nl\n(iv)\nUse of core indicators\nFor purposes of assessing grantee performance under this subparagraph before program year 2017, the Secretary shall use the core indicators of performance in effect at the time of the award and the most recent corresponding expected levels of performance.\n(3)\nState grantees\n(A)\nIn general\nNot later than 120 days after the end of each program year, the Secretary shall determine if a State grantee allotted funds under\nsection 3056d(e) of this title\n(B)\nTechnical assistance and corrective action plan\n(i)\nIn general\nIf the Secretary determines that a State fails to meet the expected levels of performance described in subparagraph (A), the Secretary, after each year of such failure, shall provide technical assistance and require the State to submit a corrective action plan not later than 160 days after the end of the program year.\n(ii)\nContent\nThe plan submitted under clause (i) shall detail the steps the State will take to meet the expected levels of performance in the next program year.\n(iii)\nCompetition\nIf the Secretary determines that the State fails to meet the expected levels of performance described in subparagraph (A) for 3 consecutive program years, the Secretary shall provide for the conduct by the State of a competition to award the funds allotted to the State under\nsection 3056d(e) of this title\n(4)\nSpecial rule for implementation\nThe Secretary shall implement the core measures of performance described in this section not later than\nDecember 31, 2017\n(e)\nImpact on grant competition\nEffective on\nJanuary 1, 2018","url":"https://projectusc.org/usc/t42/s3056k.html","content":[{"t":"sec","id":"/us/usc/t42/s3056k","children":[{"t":"num","text":"\u00a7\u202f3056k."},{"t":"heading","text":"Performance"},{"t":"subsec","id":"/us/usc/t42/s3056k/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Measures"},{"t":"para","id":"/us/usc/t42/s3056k/a/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Establishment and implementation of measures"},{"t":"content","children":[{"t":"p","text":"The Secretary shall establish and implement, after consultation with grantees, subgrantees, and host agencies under this subchapter, States, older individuals, area agencies on aging, and other organizations serving older individuals, core measures of performance 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.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s3056k/a/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Content"},{"t":"subpara","id":"/us/usc/t42/s3056k/a/2/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"Composition of measures"},{"t":"content","children":[{"t":"p","text":"The core measures of performance established 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 applicable to each core indicator of performance.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s3056k/a/2/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Expected levels of performance"},{"t":"content","children":[{"t":"p","text":"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 specified in subparagraph (A). Funds may not be awarded under the grant until such agreement is reached. At the conclusion of negotiations concerning the levels with all grantees, the Secretary shall make available for public review the final negotiated expected levels of performance for each grantee, including any comments submitted by the grantee regarding the grantee\u2019s satisfaction with the negotiated levels.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s3056k/a/2/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Agreement on expected levels of performance"},{"t":"clause","id":"/us/usc/t42/s3056k/a/2/C/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"First 2 years"},{"t":"content","children":[{"t":"p","text":"Each grantee shall reach agreement with the Secretary on levels of performance for each measure described in subparagraph (A)(i),","children":[{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSo in original. Subparagraph (A) does not contain clauses."},{"t":"text","text":"\u202fSo in original. Subparagraph (A) does not contain clauses.","tail":" 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 considered to be the expected levels of performance for the grantee for such program years."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s3056k/a/2/C/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Third and fourth year"},{"t":"content","children":[{"t":"p","text":"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 described 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 grantee and the factors described in subparagraph (D). The levels agreed to shall be considered to be the expected levels of performance for the grantee for such program years.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s3056k/a/2/D","children":[{"t":"num","text":"(D)"},{"t":"heading","text":"Factors"},{"t":"chapeau","text":"In reaching the agreements described in subparagraph (B), each grantee and the Secretary shall\u2014"},{"t":"clause","id":"/us/usc/t42/s3056k/a/2/D/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" take into account how the levels involved compare with the expected levels of performance established for other grantees;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s3056k/a/2/D/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" 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)\u202f","children":[{"t":"ref","text":"2"},{"t":"num","text":"2","tail":"\u202fSo in original. Probably should be \u201c3141(b)(3)(A)(viii)\u201d."},{"t":"text","text":"\u202fSo in original. Probably should be \u201c3141(b)(3)(A)(viii)\u201d.","tail":" of title 29;\u202f"},{"t":"ref","text":"3"},{"t":"num","text":"3","tail":"\u202fSee References in Text note below."},{"t":"text","text":"\u202fSee References in Text note below.","tail":" and"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s3056k/a/2/D/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" take into account the extent to which the levels involved promote continuous improvement in performance accountability on the core measures and ensure optimal return on the investment of Federal funds.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s3056k/a/2/E","children":[{"t":"num","text":"(E)"},{"t":"heading","text":"Adjustments based on economic conditions and individuals served during the program year"},{"t":"content","children":[{"t":"p","text":"The Secretary shall, in accordance with the objective statistical model developed pursuant to subparagraph (D)(ii), adjust the expected levels of performance for a program year for grantees, to reflect the actual economic conditions and characteristics of participants in the corresponding projects during such program year.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s3056k/a/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Limitation"},{"t":"content","children":[{"t":"p","text":"An agreement to be evaluated on the core measures of performance shall be a requirement for application for, and a condition of, all grants authorized by this subchapter.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s3056k/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Indicators of performance"},{"t":"para","id":"/us/usc/t42/s3056k/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Core indicators"},{"t":"chapeau","text":"The core indicators of performance described in subsection (a)(2)(A) shall consist of\u2014"},{"t":"subpara","id":"/us/usc/t42/s3056k/b/1/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" hours (in the aggregate) of community service employment;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s3056k/b/1/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the percentage of project participants who are in unsubsidized employment during the second quarter after exit from the project;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s3056k/b/1/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" the percentage of project participants who are in unsubsidized employment during the fourth quarter after exit from the project;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s3056k/b/1/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" the median earnings of project participants who are in unsubsidized employment during the second quarter after exit from the project;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s3056k/b/1/E","children":[{"t":"num","text":"(E)"},{"t":"content","text":" indicators of effectiveness in serving employers, host agencies, and project participants; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s3056k/b/1/F","children":[{"t":"num","text":"(F)"},{"t":"content","text":" the number of eligible individuals served, including the number of participating individuals described in subsection (a)(3)(B)(ii) or (b)(2) of ","children":[{"t":"ref","text":"section 3056p of this title","href":"/us/usc/t42/s3056p","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s3056k/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Definitions of indicators"},{"t":"content","children":[{"t":"p","text":"The Secretary, after consultation with national and State grantees, representatives of business and labor organizations, and providers of services, shall, by regulation, issue definitions of the indicators of performance described in paragraph (1).","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s3056k/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Evaluation"},{"t":"content","children":[{"t":"p","text":"The Secretary shall annually evaluate, and publish and make available for public review information on, the actual performance of each grantee with respect to the levels achieved for each of the core indicators of performance, compared to the expected levels of performance established under subsection (a)(2)(B) (including any adjustments to such levels made in accordance with subsection (a)(2)(E)).","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s3056k/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Technical assistance and corrective efforts"},{"t":"para","id":"/us/usc/t42/s3056k/d/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Initial determinations"},{"t":"subpara","id":"/us/usc/t42/s3056k/d/1/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"As soon as practicable after ","children":[{"t":"text","text":"July 1, 2016","tail":", the Secretary shall determine if a grantee under this subchapter has, for program year 2016, met the expected levels of performance established under subsection (a)(2)(B) (including any adjustments to such levels made in accordance with subsection (a)(2)(E)) for the core indicators of performance."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s3056k/d/1/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Technical assistance"},{"t":"content","children":[{"t":"p","text":"If the Secretary determines that the grantee, for program year 2016, failed to meet the expected levels of performance described in subparagraph (A), the Secretary shall provide technical assistance to assist the grantee to meet the expected levels of performance.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s3056k/d/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"National grantees"},{"t":"subpara","id":"/us/usc/t42/s3056k/d/2/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Not later than 120 days after the end of each program year, the Secretary shall determine if a national grantee awarded a grant under ","children":[{"t":"ref","text":"section 3056(b) of this title","href":"/us/usc/t42/s3056/b","tail":" in accordance with section 3056"},{"t":"text","text":"l","tail":" of this title has met the expected levels of performance established under subsection (a)(2)(B) (including any adjustments to such levels made in accordance with subsection (a)(2)(E)) for the core indicators of performance described in subsection (b)(1)."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s3056k/d/2/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Technical assistance and corrective action plan"},{"t":"clause","id":"/us/usc/t42/s3056k/d/2/B/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"If the Secretary determines that a national grantee fails to meet the expected levels of performance described in subparagraph (A), the Secretary after each year of such failure, shall provide technical assistance and require such grantee to submit a corrective action plan not later than 160 days after the end of the program year.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s3056k/d/2/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Content"},{"t":"content","children":[{"t":"p","text":"The plan submitted under clause (i) shall detail the steps the grantee will take to meet the expected levels of performance in the next program year.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s3056k/d/2/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"heading","text":"Recompetition"},{"t":"content","children":[{"t":"p","text":"Any grantee who has failed to meet the expected levels of performance for 4 consecutive years shall not be allowed to compete in the subsequent grant competition under section 3056","children":[{"t":"text","text":"l","tail":" of this title following the fourth consecutive year of failure but may compete in the next such grant competition after that subsequent competition."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s3056k/d/2/B/iv","children":[{"t":"num","text":"(iv)"},{"t":"heading","text":"Use of core indicators"},{"t":"content","children":[{"t":"p","text":"For purposes of assessing grantee performance under this subparagraph before program year 2017, the Secretary shall use the core indicators of performance in effect at the time of the award and the most recent corresponding expected levels of performance.","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s3056k/d/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"State grantees"},{"t":"subpara","id":"/us/usc/t42/s3056k/d/3/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"Not later than 120 days after the end of each program year, the Secretary shall determine if a State grantee allotted funds under ","children":[{"t":"ref","text":"section 3056d(e) of this title","href":"/us/usc/t42/s3056d/e","tail":" has met the expected levels of performance established under subsection (a)(2)(B) (including any adjustments to such levels made in accordance with subsection (a)(2)(E)) for the core indicators of performance described in subsection (b)(1)."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t42/s3056k/d/3/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Technical assistance and corrective action plan"},{"t":"clause","id":"/us/usc/t42/s3056k/d/3/B/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"If the Secretary determines that a State fails to meet the expected levels of performance described in subparagraph (A), the Secretary, after each year of such failure, shall provide technical assistance and require the State to submit a corrective action plan not later than 160 days after the end of the program year.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s3056k/d/3/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Content"},{"t":"content","children":[{"t":"p","text":"The plan submitted under clause (i) shall detail the steps the State will take to meet the expected levels of performance in the next program year.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t42/s3056k/d/3/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"heading","text":"Competition"},{"t":"content","children":[{"t":"p","text":"If the Secretary determines that the State fails to meet the expected levels of performance described in subparagraph (A) for 3 consecutive program years, the Secretary shall provide for the conduct by the State of a competition to award the funds allotted to the State under ","children":[{"t":"ref","text":"section 3056d(e) of this title","href":"/us/usc/t42/s3056d/e","tail":" for the first full program year following the Secretary\u2019s determination."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t42/s3056k/d/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Special rule for implementation"},{"t":"content","children":[{"t":"p","text":"The Secretary shall implement the core measures of performance described in this section not later than ","children":[{"t":"text","text":"December 31, 2017","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t42/s3056k/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Impact on grant competition"},{"t":"content","children":[{"t":"p","text":"Effective on ","children":[{"t":"text","text":"January 1, 2018","tail":", the Secretary may not publish a notice announcing a grant competition under this subchapter, or solicit proposals for grants, until the day on which the Secretary implements the core measures of performance."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}