Page:United States Statutes at Large Volume 106 Part 2.djvu/153

 PUBLIC LAW 102-367—SEPT. 7, 1992 106 STAT. 1033 "(f) TITLE IV STANDARDS.—The Secretary shall prescribe performance standards for programs under parts A and B of title IV. "(g) ADJUSTMENT FOR SPECIAL POPULATIONS. —The Secretary shall prescribe a system for variations in performance standards for special populations to be served, including Native Americans, migrant and seasonal farmworkers, disabled and Vietnam era veterans, including veterans who served in the Indochina Theater between August 5, 1964 and May 7, 1975, older individuals, including those served under section 204(d), and offenders, taking into account their special circumstances. "(h) MODIFICATIONS. — "(1) IN GENERAL. — The Secretary may modify the performance standards under this section not more often than once every 2 program years. Such modifications shall not be retroactive. (2) JOB CORPS. —Notwithstanding paragraph (1), the Secretary may modify standards relating to programs under part B of title IV each program year, "(i) FUNCTIONS OF NCEP. —The National Commission for Employ- ment Policy shall— "(1) advise the Secretary in the development of performance 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 (d); "(2) evaluate the usefulness of such standards as measures of desired performance; and "(3) evaluate the impact 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, "( j) FAILURE To MEET STANDARDS.— " (1) UNIFORM CRITERLV. -The Secretary shall establish uniform criteria for determining whether— "(A) a service delivery area fails to meet performance standards under this section; and "(B) the circumstances under which remedial action authorized under this subsection shall be taken. "(2) TECHNICAL ASSISTANCE.— Each Governor shall provide technical assistance to service delivery areas failing to meet performance standards under the uniform criteria established under paragraph (1)(A). "(3) PROCESS FOR CORRECTION. —Not later than 90 days after the end of each program year, each Governor shall report to the Secretary the final performance standards and performance for each service delivery area within the State, along with the plans of the Governor for providing the techniccQ assistance required under paragraph (2). "(4) REORGANIZATION PLAN. — "(A) PLAN REQUIRED FOR CONTINUED FAILURE.—I f a service delivery area continues to fail to meet such performance standards for 2 consecutive program years, the Governor shall notify the Secretary and the service delivery area of the continued failure, and shall develop and impose a reorganization plan. "(B) ELEMENTS. — Such plan may restructure the private industry council, prohibit the use of designated service providers, merge the service delivery area into one or more other existing service delivery areas, or make other changes as the Governor determines to be necessary to improve

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