Page:United States Statutes at Large Volume 99 Part 2.djvu/466

 99 STAT. 1576

PUBLIC LAW 99-198—DEC. 23, 1985

and consistent with similar programs operated within the State, and (ii) ensure, to the maximum extent practicable, that employment and training programs are provided for Indians on reservations. "(J)(i) For any fiscal year, the Secretary shall establish performance standards for each State that, in the case of persons who are subject to employment requirements under this section and who are not exempt under subparagraph (D), designate the minimum percentages (not to exceed 50 percent through September 30, 1989) of such persons that State agencies shall place in programs under this paragraph. Such standards need not be uniform for all the States, but may vary among the several States. The Secretary shall consider the cost to the States in setting performance standards and the degree of participation in progrsuns under this paragraph by exempt persons. "(ii) In making any determination as to whether a State agency has met a performance standard under clause (i), the Secretary shall— "(I) consider the extent to which persons have elected to participate in programs under this paragraph; "(II) consider such factors as placement in unsubsidized employment, increases in earnings, and reduction in the number of persons participating in the food stamp program; and "(III) consider other factors determined by the Secretary to be related to employment and training, "(iii) The Secretary shall vary the performance stamdards established under clause (i) according to differences in the characteristics of persons required to participate and the type of progrgim to which the standard is applied. "(iv) The Secretary may delay establishing performance standards for up to 18 months after national implementation of the provisions of this paragraph, in order to baSe performance standards on State agency experience in implementing this paragraph. "(K)(i) The Secretary shall ensure that State agencies comply with 7 USC 2020 note, the requirements of this paragraph and section ll(e)(22). "(ii) If^ the Secretary determines that a State agency has failed, without good cause, to comply with such a requirement, including any failure to meet a performance standard under subparagraph (J), the Secretary may withhold from such State, in accordance with 7 USC 2025. section 16(a), (c), and (h), such funds as the Secretary determines to be appropriate, subject to administrative and judicial review under 7 USC 2023. section 14. "(L) The facilities of the State public employment offices and agencies operating programs under the Job Training Partnership 29 USC 1501 Act may be used to find employment and training opportunities for note. household members under the programs under this paragraph.". 0)) Section 11(e) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)) is amended by— (1) striking out "and" at the end of paragraph (20); (2) striking out the period at the end of paragraph (21) and inserting in lieu thereof "; and"; and (3) adding at the end thereof the following: "(22) the plans of the State agency for carrying out employAnte, pp. 1572, ment and training programs under section 6(d)(4), including the 1573. nature and extent of such p r c ^ a m s, the geographic areas and households to be covered under such program, and the basis, including any cost information, for exemptions of categories and

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