Page:United States Statutes at Large Volume 113 Part 3.djvu/347

 PUBLIC LAW 106-170—DEC. 17, 1999 113 STAT. 1865 to work and self-sufficiency, are provided to disabled beneficiaries by the State agency acting as an employment network shall be governed by plans for vocational rehabilitation services approved under title I of the Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.). " (B) STATE AGENCIES ADMINISTERING MATERNAL AND CHILD HEALTH SERVICES PROGRAMS. — Subparagraph (A) shall not apply with respect to any State agency administering a program under title V of this Act. "(3) AGREEMENTS BETWEEN STATE AGENCIES AND EMPLOY- MENT NETWORKS.— State agencies and employment networks shall enter into agreements regarding the conditions under which services will be provided when an individual is referred by an employment network to a State agency for services. The Commissioner shall establish by regulations the timeframe within which such agreements must bie entered into and the mechanisms for dispute resolution bety/een State agencies and employment networks with respect to such agreements. "(d) RESPONSIBILITIES OF THE COMMISSIONER.— " (1) SELECTION AND QUALIFICATIONS OF PROGRAM MAN- AGERS.— The Commissioner shall enter into agreements with 1 or more organizations in the privEite or public sector for service as a program manager to assist the Commissioner in administering the Program. Any such program manager shall be selected by means of a competitive bidding process, from among organizations in the private or public sector with available expertise and experience in t;he field of vocational rehabilitation or employment services. "(2) TENURE, RENEWAL, AND EARLY TERMINATION.—Each agreement entered into under paragrjiph (1) shall provide for early termination upon failure to meet performance standards which shall be specified in the agreement and which shall be weighted to take into account any performance in prior terms. Such performance standards shall include— "(A) measures for ease of access by beneficiaries to services; and "(B) measures for determining the extent to which failures in obtaining services for beneficiaries fall within acceptable parameters, as determined by the Commissioner. "(3) PRECLUSION FROM DIRECT PARTICIPATION IN DELIVERY OF SERVICES IN OWN SERVICE AREA.— Agreements under paragraph (1) shall preclude— "(A) direct participation by a program manager in the delivery of employment services, vocational rehabilitation services, or other support servic€!S to beneficiaries in the service area covered by the progriim manager's agreement; and "(B) the holding by a program manager of a financial interest in an employment nety;rork or service provider which provides services in a geographic area covered under the program manager's agreement. "(4) SELECTION OF EMPLOYMENT NETWORKS. — "(A) IN GENERAL.— The Commissioner shall select and enter into agreements with employment networks for service under the Program. Such employment networks

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