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TITLE 42 > CHAPTER 35 > SUBCHAPTER IX > § 3056k
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§ 3056k. Performance

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(a) Measures
(1) Establishment of measures
The Secretary shall establish, in consultation with grantees, subgrantees, and host agencies under this subchapter, States, older individuals, area agencies on aging, and other organizations serving older individuals, performance measures for each grantee for projects and services carried out under this subchapter.
(2) Content
(A) Composition of measures
The performance measures as established by the Secretary and described in paragraph (1) shall consist of indicators of performance and levels of performance applicable to each indicator. The measures shall be designed to promote continuous improvement in performance.
(B) Adjustment
The levels of performance described in subparagraph (A) applicable to a grantee shall be adjusted only with respect to the following factors:
(i) High rates of unemployment, poverty, or welfare recipiency in the areas served by a grantee, relative to other areas of the State or Nation.
(ii) Significant downturns in the areas served by the grantee or in the national economy.
(iii) Significant numbers or proportions of enrollees with one or more barriers to employment served by a grantee relative to grantees serving other areas of the State or Nation.
(C) Placement
For all grantees, the Secretary shall establish a measure of performance of not less than 20 percent (adjusted in accordance with subparagraph (B)) for placement of enrollees into unsubsidized public or private employment as defined in subsection (c)(2) of this section.
(3) Performance evaluation of public or private nonprofit agencies and organizations
The Secretary shall annually establish national performance measures for each public or private nonprofit agency or organization that is a grantee under this subchapter, which shall be applicable to the grantee without regard to whether such grantee operates the program directly or through contracts, grants, or agreements with other entities. The performance of the grantees with respect to such measures shall be evaluated in accordance with section 3056l (e)(1) of this title regarding performance of the grantees on a national basis, and in accordance with section 3056l (e)(3) of this title regarding the performance of the grantees in each State.
(4) Performance evaluation of States
The Secretary shall annually establish performance measures for each State that is a grantee under this subchapter, which shall be applicable to the State grantee without regard to whether such grantee operates the program directly or through contracts, grants, or agreements with other entities. The performance of the State grantees with respect to such measures shall be evaluated in accordance with section 3056l (f) of this title.
(5) Limitation
An agreement to be evaluated on the performance measures shall be a requirement for application for, and a condition of, all grants authorized by this subchapter.
(b) Required indicators
The indicators described in subsection (a) of this section shall include—
(1) the number of persons served, with particular consideration given to individuals with greatest economic need, greatest social need, or poor employment history or prospects, and individuals who are over the age of 60;
(2) community services provided;
(3) placement into and retention in unsubsidized public or private employment;
(4) satisfaction of the enrollees, employers, and their host agencies with their experiences and the services provided; and
(5) any additional indicators of performance that the Secretary determines to be appropriate to evaluate services and performance.
(c) Definitions of indicators
(1) In general
The Secretary, after consultation with national and State grantees, representatives of business and labor organizations, and providers of services, shall, by regulation, issue definitions of the indicators of performance described in subsection (b) of this section.
(2) Definitions of certain terms
In this section:
(A) Placement into public or private unsubsidized employment
The term “placement into public or private unsubsidized employment” means full- or part-time paid employment in the public or private sector by an enrollee under this subchapter for 30 days within a 90-day period without the use of funds under this subchapter or any other Federal or State employment subsidy program, or the equivalent of such employment as measured by the earnings of an enrollee through the use of wage records or other appropriate methods.
(B) Retention in public or private unsubsidized employment
The term “retention in public or private unsubsidized employment” means full- or part-time paid employment in the public or private sector by an enrollee under this subchapter for 6 months after the starting date of placement into unsubsidized employment without the use of funds under this subchapter or any other Federal or State employment subsidy program.
(d) Corrective efforts
A State or other grantee that does not achieve the established levels of performance on the performance measures shall submit to the Secretary, for approval, a plan of correction as described in subsection (e) or (f) of section 3056l of this title to achieve the established levels of performance.
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