29 U.S.C. § 726 | Evaluation standards and performance indicators

(a)

In general

(1)

Standards and indicators

section 3141(b) of this titleThe evaluation standards and performance indicators for the vocational rehabilitation program carried out under this subchapter shall be subject to the performance accountability provisions described in .

(2)

Additional performance accountability indicators

section 721 of this titleA State may establish and provide information on additional performance accountability indicators, which shall be identified in the State plan submitted under .

(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 compliance with the standards and indicators.

(2)

Program improvement

(A)

Plan

If the Commissioner determines that the performance of any State is below established 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 program improvement efforts of the State and, if the State has not improved its performance to acceptable levels, as determined 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 sustains satisfactory performance over a period of more than 1 year.

(c)

Withholding

section 727 of this titleIf the Commissioner determines that a State whose performance falls below the established standards has failed to enter into a program improvement plan, or is not complying substantially with the terms and conditions of such a program improvement plan, the Commissioner shall, consistent with subsections (c) and (d) of , reduce or make no further 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 substantially with the terms and conditions of such a program improvement plan, as appropriate.

(d)

Report to Congress

section 710 of this titleBeginning in fiscal year 1999, the Commissioner shall include in each annual report to the Congress under an analysis of program performance, including relative State performance, based on the standards and indicators.

Pub. L. 93–112, title I, § 106 Pub. L. 105–220, title IV, § 404Aug. 7, 1998112 Stat. 1156 Pub. L. 113–128, title IV, § 416July 22, 2014128 Stat. 1654(, as added , , ; amended , , .)

Editorial Notes

Prior Provisions

Pub. L. 93–112, title I, § 106 Pub. L. 102–569, title I, § 127(a)Oct. 29, 1992106 Stat. 4385 Pub. L. 105–220A prior section 726, , as added , , , related to evaluation standards and performance indicators, prior to the general amendment of this subchapter by .

Amendments

Pub. L. 113–128, § 416(1)2014—Subsec. (a). , added subsec. (a) and struck out former subsec. (a) which provided for the establishment, review, and revision of evaluation standards and performance indicators.

Pub. L. 113–128, § 416(2)Subsec. (b)(2)(B)(i). , substituted “on a biannual basis, review the program improvement efforts of the State and, if the State has not improved its performance to acceptable levels, as determined by the Commissioner, direct the State” for “review the program improvement efforts of the State on a biannual basis and, if necessary, request the State”.

Statutory Notes and Related Subsidiaries

Pub. L. 113–128Definitions of Terms in

section 3 of Pub. L. 113–128 section 3102 of this titleExcept as otherwise provided, definitions in , which is classified to , apply to this section.