Page:United States Statutes at Large Volume 114 Part 4.djvu/221

 PUBLIC LAW 106-501—NOV. 13, 2000 114 STAT. 2283 "(1) The applicant's ability to administer a program that serves the greatest number of eligible individuals, giving particular consideration to individuals with greatest economic need, greatest social need, poor employment history or prospects, and over the age of 60. "(2) The applicant's ability to administer a program that provides emplo3niient for eligible individuals in the communities in which such individuals reside, or in nearby communities, that will contribute to the general welfare of the community. "(3) The applicant's ability to administer a program that moves eligible individuals into unsubsidized employment. "(4) The applicant's ability to move individuals with multiple barriers to employment into unsubsidized employment. "(5) The applicant's ability to coordinate with other organizations at the State and local level. "(6) The applicant's plan for fiscal management of the program to be administered with funds received under this section. "(7) Any additional criteria that the Secretary deems appropriate in order to minimize disruption for current enrollees. "(d) RESPONSIBILITY TESTS. — "(1) IN GENERAL. —Before final selection of a grantee, the Secretary shall conduct a review of available records to assess the applicant's overall responsibility to administer Federal funds. "(2) REVIEW. —As part of the review described in paragraph (1), the Secretary may consider any information, including the organization's history with regard to the management of other grants. "(3) FAILURE TO SATISFY TEST. —The failure to satisfy any one responsibility test that is listed in paragraph (4), except for those listed in subparagraphs (A) and (B) of such paragraph, does not establish that the organization is not responsible unless such failure is substantial or persistent (for 2 or more consecutive years). "(4) TEST,—The responsibility tests include review of the following factors: "(A) Efforts by the organization to recover debts, after three demand letters have been sent, that are established by final agency action and have been unsuccessful, or that there has been failure to comply with an approved repay- ment plan. "(B) Established fraud or criminal activity of a significant nature within the organization, "(C) Serious administrative deficiencies identified by the Secretary, such as failure to maintain a financial management system as required by Federal regulations. "(D) Willful obstruction of the audit process. "(E) Failure to provide services to applicants as agreed to in a current or recent grant or to meet applicable performance measures. "(F) Failure to correct deficiencies brought to the grantee's attention in writing as a result of monitoring activities, reviews, assessments, or other activities.

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