Page:United States Statutes at Large Volume 96 Part 1.djvu/1377

 PUBLIC LAW 97-300—OCT. 13, 1982

96 STAT. 1335

(e) Each Governor may prescribe, within parameters established Variations of by the Secretary, variations in the standards under this subsection standards. based upon specific economic, geographic, and demographic factors in the State and in service delivery areas within the State, the characteristics of the population to be served, and the type of services to be provided. (f) The National Commission for Employment Policy shall (1) Development of advise the Secretary in the development of performance standards 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 (e), (2) evaluate the usefulness of such standards as measures of desired performance, and (3) evaluate the impacts 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. (g) The Secretary shall prescribe performance standards for programs under title III based on placement and retention in unsubsi- Post, p. 1364. dized employment. (h)(1) The Governor shall provide technical assistance to programs Reorganizaiton which do not meet performance criteria. If the failure to meet plan. performance standards persists for a second year, the Governor shall impose a reorganization plan. Such plan may restructure the private industry council, prohibit the use of designated service providers or make such other changes as the Governor deems necessary to improve performance. The Governor may also select an alternate entity to administer the program for the service delivery area. (2) The alternate administrative entity may be a newly formed private industry council or any agency jointly selected by the Governor and the chief elected official of the largest unit of general local government in the service delivery area. (3) No change may be made under this subsection without an opportunity for a hearing before a hearing officer. (4) The decision of the Governor may be appealed to the Secretary, Appeal who shall make a final decision within 60 days of the receipt of the appeal. SELECTION OF SERVICE PROVIDERS

SEC. 107. (a) The primary consideration in selecting agencies or organizations to deliver services within a service delivery area shall be the effectiveness of the agency or organization in delivering comparable or related services based on demonstrated performance, in terms of the likelihood of meeting performance goals, cost, quality of training, and characteristics of participants. In complying with this subsection, proper consideration shall be given to communitybased organizations as service providers. Qo) Funds provided under this Act shall not be used to duplicate facilities or services available in the area (with or without reimbursement) from Federal, State, or local sources, unless it is demonstrated that alternative services or facilities would be more effective or more likely to achieve the service delivery area's performance goals. (c) Appropriate education agencies in the service delivery area shall be provided the opportunity to provide educational services, unless the administrative entity demonstrates that alternative agencies or organizations would be more effective or would have greater

97-200 O—84—pt. 1

44: QL3

29 USC 1517.

Restrictions.

Educational services.

�