1 So in original. Subparagraph (A) does not contain clauses.
for each of the first 2 program years covered by the grant agreement. In reaching the agreement, the grantee and the Secretary shall take into account the expected levels proposed by the grantee and the factors described in subparagraph (D). The levels agreed to shall be considered to be the expected levels of performance for the grantee for such program years.
2 So in original. Probably should be “3141(span)(3)(A)(viii)”.
of title 29; 
3 See References in Text note below.
and
Editorial Notes
References in Text

Section 3141 of title 29, referred to in subsec. (a)(2)(D)(ii), was in the original a reference to section 116 of the Workforce Investment and Opportunity Act and was translated as meaning section 116 of the Workforce Innovation and Opportunity Act, to reflect the probable intent of Congress.

Prior Provisions

A prior section 3056k, Puspan. L. 89–73, title V, § 513, as added Puspan. L. 106–501, title V, § 501, Nov. 13, 2000, 114 Stat. 2281, related to performance measures, prior to the general amendment of this subchapter by Puspan. L. 109–365.

Amendments

2016—Subsec. (a). Puspan. L. 114–144, § 6(d)(1)(A), struck out “and indicators” after “Measures” in heading.

Subsec. (a)(1). Puspan. L. 114–144, § 6(d)(1)(B), struck out “and indicators” after “measures” in heading and “and additional indicators of performance” after “measures of performance” in two places in text.

Subsec. (a)(2)(A). Puspan. L. 114–144, § 6(d)(1)(C)(i), substituted “Composition of measures” for “Composition of measures and indicators” in heading, struck out cl. (i) designation and heading, and struck out cl. (ii). Prior to amendment, text of cl. (ii) read as follows: “The additional indicators of performance established by the Secretary in accordance with paragraph (1) shall be the additional indicators of performance specified in subsection (span)(2).”

Subsec. (a)(2)(B). Puspan. L. 114–144, § 6(d)(1)(C)(iii), redesignated subpar. (C) as (B), substituted “subparagraph (A)” for “subparagraph (A)(i)”, and struck out “The agreement shall take into account the requirement of subparagraph (B) and the factors described in subparagraph (D), and other appropriate factors as determined by the Secretary, and shall be consistent with the requirements of subparagraph (E).” before “Funds may”. Former subpar. (B) struck out.

Puspan. L. 114–144, § 6(d)(1)(C)(ii), struck out subpar. (B). Text read as follows: “The measures described in subparagraph (A)(i) shall be designed to promote continuous improvement in performance.”

Subsec. (a)(2)(C) to (E). Puspan. L. 114–144, § 6(d)(1)(C)(iv), added subpars. (C) to (E) and struck out former subpars. (D) and (E) which related to adjustment of expected levels of performance and placement into unsubsidized employment, respectively. Former subpar. (C) redesignated (B).

Subsec. (a)(3). Puspan. L. 114–144, § 6(d)(1)(D), struck out “and to report information on the additional indicators of performance” after “measures of performance”.

Subsec. (span)(1). Puspan. L. 114–144, § 6(d)(2)(A)(i), substituted “subsection (a)(2)(A)” for “subsection (a)(2)(A)(i)” in introductory provisions.

Subsec. (span)(1)(B) to (F). Puspan. L. 114–144, § 6(d)(2)(A)(ii), added subpars. (B) to (F) and struck out former subpars. (B) to (E) which read as follows:

“(B) entry into unsubsidized employment;

“(C) retention in unsubsidized employment for 6 months;

“(D) earnings; and

“(E) the number of eligible individuals served, including the number of participating individuals described in subsection (a)(3)(B)(ii) or (span)(2) of section 3056p of the title.”

Subsec. (span)(2), (3). Puspan. L. 114–144, § 6(d)(2)(B)–(D), redesignated par. (3) as (2), substituted “paragraph (1)” for “paragraphs (1) and (2)”, and struck out former par. (2) which related to additional indicators of performance.

Subsec. (c). Puspan. L. 114–144, § 6(d)(3), substituted “shall” for “shall—”, struck out par. (1) designation before “annually evaluate”, substituted “subsection (a)(2)(B)” for “subsection (a)(2)(C)” and “subsection (a)(2)(E)).” for “subsection (a)(2)(D)); and”, and struck out par. (2) which read as follows: “annually publish and make available for public review information on the actual performance of each grantee with respect to the levels achieved for each of the additional indicators of performance.”

Subsec. (d)(1)(A). Puspan. L. 114–144, § 6(d)(4)(A)(i), substituted “July 1, 2016” for “July 1, 2007” and “year 2016,” for “year 2006—”; struck out cl. (i) designation before “met”; substituted “subsection (a)(2)(B)” for “subsection (a)(2)(C)”, “subsection (a)(2)(E)” for “subsection (a)(2)(D)”, and “indicators of performance.” for “indicators of performance described in subparagraphs (A), (C), (D), and (E) of subsection (span)(1); and”; and struck out cl. (ii) which read as follows: “achieved the applicable percentage specified in subsection (a)(2)(E)(ii) for the core indicator of performance described in subsection (span)(1)(B).”

Subsec. (d)(1)(B). Puspan. L. 114–144, § 6(d)(4)(A)(ii), substituted “year 2016,” for “year 2006—” and “subparagraph (A),” for “subparagraph (A)(i); or” and struck out cl. (i) designation before “failed”, “and achieve the applicable percentage” before period at end, and “(ii) failed to achieve the applicable percentage described in subparagraph (A)(ii),” before “the Secretary shall provide”.

Subsec. (d)(2)(A). Puspan. L. 114–144, § 6(d)(4)(B)(i), substituted “(a)(2)(B)” for “(a)(2)(C)” and “(a)(2)(E)” for “(a)(2)(D)”.

Subsec. (d)(2)(B)(iii). Puspan. L. 114–144, § 6(d)(4)(B)(ii)(I), struck out “(beginning with program year 2007)” after “4 consecutive years”.

Subsec. (d)(2)(B)(iv). Puspan. L. 114–144, § 6(d)(4)(B)(ii)(II), added cl. (iv).

Subsec. (d)(3)(A). Puspan. L. 114–144, § 6(d)(4)(C)(i), substituted “(a)(2)(B)” for “(a)(2)(C)” and “(a)(2)(E)” for “(a)(2)(D)”.

Subsec. (d)(3)(B)(iii). Puspan. L. 114–144, § 6(d)(4)(C)(ii), struck out “(beginning with program year 2007)” after “3 consecutive program years”.

Subsec. (d)(4). Puspan. L. 114–144, § 6(d)(4)(D), amended par. (4) generally. Prior to amendment, text read as follows: “The Secretary shall establish and implement the core measures of performance and additional indicators of performance described in this section, including all required indicators described in subsection (span), not later than July 1, 2007.”

Subsec. (e). Puspan. L. 114–144, § 6(d)(5), amended subsec. (e) generally. Prior to amendment, text read as follows: “The Secretary may not publish a notice announcing a grant competition under this subchapter, and solicit proposals for grants, until the day that is the later of—

“(1) the date on which the Secretary implements the core measures of performance and additional indicators of performance described in this section; and

“(2) January 1, 2010.”