(a) General. The Secretary shall prescribe performance standards for
adult programs under title II-A, for youth programs under title II-C,
for dislocated worker programs under title III, and for older worker
programs under section 204(d) of the Act. Any performance standards
developed for employment competencies shall be based on such factors as
entry level skills and other hiring requirements.
(b) Pursuant to instructions and time lines issued by the Secretary,
the Governor shall:
(1) Collect the data necessary to set performance standards pursuant
to section 106 of the Act; and
(2) Maintain records and submit reports required by sections
106(j)(3), 165(a)(3), (c)(1), and (d) and 121(b)(6) of the Act.
(c) Title II performance standards. (1) The Governor shall establish
SDA performance standards for title II within the parameters set by the
Secretary pursuant to sections 106(b) and (d) of the Act and apply the
standards in accordance with section 202(c)(1)(B) of the Act.
(2) The Governor shall establish incentive award policies pursuant
to section 106(b)(7) of the Act, except for programs operated under
section 204(d) of the Act. Pursuant to section 106(b)(8) of the Act,
Governors may not consider standards relating gross program expenditures
to performance measures in making such incentive awards.
(3) The Governor shall provide technical assistance to SDA's failing
to meet performance standards established by the Secretary for a given
program year (section 106(j)(2)).
(4)(i) If an SDA fails to meet a prescribed number of the
Secretary's performance standards for 2 consecutive years, the Governor
shall notify the Secretary and the service delivery area of the
continued failure and impose a reorganization plan (section 106(j)(4)).
(ii) The number of standards deemed to constitute failure shall be
specified by the Secretary biennially and shall be based on an
appropriate proportion of the total number established by the Secretary
for that performance cycle. In determining failure, the specified
proportion shall be applied separately to each year of the two year
cycle.
(iii) A reorganization plan shall not be imposed for a failure to
meet performance standards other than those established by the
Secretary.
(iv) A reorganization plan shall be considered to be imposed when,
at a minimum:
(A) The problem or deficiency is identified,
(B) The problem is communicated to the SDA, and
(C) The SDA is provided an initial statement of the actions or steps
required and the timeframe within which they are to be initiated. A
final statement of required steps and actions is to be issued within 30
days.
(d)(1) If the Governor does not impose a reorganization plan,
required by paragraph (c)(4) of this section, within 90 days of
notifying the Grant Officer of an SDA's continued failure to meet
performance standards, the Grant Officer shall develop and impose such a
plan (section 106(j)(5)).
(2) Before imposing a reorganization plan, the Grant Officer shall
notify the Governor and SDA in writing of the intent to impose the plan
and provide both parties the opportunity to submit comments within 30
days of receipt of the Grant Officer's notice.
(e) An SDA subject to a reorganization plan under paragraphs (c)(4)
or (d) of this section may, within 30 days of receiving notice of such
action, appeal to the Secretary to revise or rescind the reorganization
plan under the procedures set forth at Sec. 627.471 of this subpart,
Reorganization plan appeals (section 106(j)(6)(A)).
(f) Secretarial action to recapture or withhold funds. (1) The Grant
Officer shall recapture or withhold an amount not to exceed one-fifth of
the State administration set-aside allocated under sections 202(c)(1)(A)
and 262(c)(1)(A) of the Act when:
(i) The Governor has failed to impose a reorganization plan under
paragraph (c)(4) of this section, for the purposes of providing
technical assistance under a reorganization plan imposed by the
Secretary (section 106(j)(5)(B)); or
(ii) The Secretary determines in an appeal provided for at paragraph
(e) of this section, and set forth at Sec. 627.471 of this subpart, that
the Governor has not provided appropriate technical assistance as
required at section 106(j)(2) (section 106(j)(6)(B)).
(2)(i) A Governor of a State that is subject to recapture or
withholding under paragraph (f)(1) of this section may, within 30 days
of receipt of such notice, appeal such recapture or withholding to the
Secretary.
(ii) The Secretary may consider any comments submitted by the
Governor
and shall make a decision within 45 days after the appeal is received.
(g) Title III performance standards. (1) The Governor shall
establish SSG performance standards for programs under title III within
the parameters set annually by the Secretary pursuant to section 106(c)
and (d) of the Act.
(2) Any performance standard for programs under title III shall make
appropriate allowances for the difference in cost resulting from serving
workers receiving needs-related payments authorized under Sec. 631.20 of
this chapter (section 106(c)(2)).
(3) The Secretary annually shall certify compliance, if the program
is in compliance, with the title III performance standards established
pursuant to paragraph (a) of section 322(a)(4) of the Act.
(4) The Governor shall not establish standards for the operation of
programs under title III that are inconsistent with the performance
standards established by the Secretary under provisions of section
106(c) of the Act (section 311(b)(8)).
(5) When an SSG fails to meet performance standards for 2
consecutive years, the Governor may institute procedures pursuant to the
Governor's by-pass authority in accordance with Sec. 631.38(b) of this
chapter or require redesignation of the substate grantee in accordance
with Sec. 631.35 of this chapter, as appropriate.
