Page:United States Statutes at Large Volume 120.djvu/2616

 PUBLIC LAW 109–365—OCT. 17, 2006

120 STAT. 2585

‘‘(1) The applicant’s ability to administer a project that serves the greatest number of eligible individuals, giving particular consideration to individuals with greatest economic need, individuals with greatest social need, and individuals described in subsection (a)(3)(B)(ii) or (b)(2) of section 518. ‘‘(2) The applicant’s ability to administer a project that provides employment for eligible individuals in the communities in which such individuals reside, or in nearby communities, that will contribute to the general welfare of the communities involved. ‘‘(3) The applicant’s ability to administer a project that moves eligible individuals into unsubsidized employment. ‘‘(4) The applicant’s prior performance, if any, in meeting core measures of performance and addressing additional indicators of performance under this title and the applicant’s ability to address core indicators of performance and additional indicators of performance under this title and under other Federal or State programs in the case of an applicant that has not previously received a grant under this title. ‘‘(5) The applicant’s ability to move individuals with multiple barriers to employment, including individuals described in subsection (a)(3)(B)(ii) or (b)(2) of section 518, into unsubsidized employment. ‘‘(6) The applicant’s ability to coordinate activities with other organizations at the State and local level. ‘‘(7) The applicant’s plan for fiscal management of the project to be administered with funds received in accordance with this section. ‘‘(8) The applicant’s ability to administer a project that provides community service. ‘‘(9) The applicant’s ability to minimize disruption in services for participants and in community services provided. ‘‘(10) Any additional criteria that the Secretary considers to be appropriate in order to minimize disruption in services for participants. ‘‘(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 applicant’s history with regard to the management of other grants. ‘‘(3) FAILURE TO SATISFY TEST.—The failure to satisfy a responsibility test with respect to any 1 factor that is listed in paragraph (4), excluding those listed in subparagraphs (A) and (B) of such paragraph, does not establish that the applicant is not responsible unless such failure is substantial or persists for 2 or more consecutive years. ‘‘(4) TEST.—The responsibility tests include review of the following factors: ‘‘(A) Unsuccessful efforts by the applicant to recover debts, after 3 demand letters have been sent, that are established by final agency action, or a failure to comply with an approved repayment plan.

VerDate 14-DEC-2004

09:16 Jul 13, 2007

Jkt 059194

PO 00003

Frm 00064

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL003.109

APPS06

PsN: PUBL003

�