§ 3056k. Performance
(a)
Measures and indicators
(1)
Establishment and implementation of measures and indicators
The Secretary shall establish and implement, after consultation with grantees, subgrantees, and host agencies under this subchapter, States, older individuals, area agencies on aging, and other organizations serving older individuals, core measures of performance and additional indicators of performance for each grantee for projects and services carried out under this subchapter. The core measures of performance and additional indicators of performance shall be applicable to each grantee under this subchapter without regard to whether such grantee operates the program directly or through subcontracts, subgrants, or agreements with other entities.
(2)
Content
(A)
Composition of measures and indicators
(B)
Continuous improvement
The measures described in subparagraph (A)(i) shall be designed to promote continuous improvement in performance.
(C)
Expected levels of performance
The Secretary and each grantee shall reach agreement on the expected levels of performance for each program year for each of the core indicators of performance specified in subparagraph (A)(i). 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). Funds may not be awarded under the grant until such agreement is reached. At the conclusion of negotiations concerning the levels with all grantees, the Secretary shall make available for public review the final negotiated expected levels of performance for each grantee, including any comments submitted by the grantee regarding the grantee’s satisfaction with the negotiated levels.
(D)
Adjustment
The expected levels of performance described in subparagraph (C) applicable to a grantee shall be adjusted after the agreement under subparagraph (C) has been reached only with respect to the following factors:
(i)
High rates of unemployment or of poverty or participation in the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), in the areas served by a grantee, relative to other areas of the State involved or Nation.
(iii)
Significant numbers or proportions of participants with 1 or more barriers to employment, including individuals described in subsection (a)(3)(B)(ii) or (b)(2) of section
3056p of this title, served by a grantee relative to such numbers or proportions for grantees serving other areas of the State or Nation.
(E)
Placement
(i)
Level of performance
For all grantees, the Secretary shall establish an expected level of performance of not less than the percentage specified in clause (ii) (adjusted in accordance with subparagraph (D)) for the entry into unsubsidized employment core indicator of performance described in subsection (b)(1)(B).
(b)
Indicators of performance
(1)
Core indicators
The core indicators of performance described in subsection (a)(2)(A)(i) shall consist of—
(E)
the number of eligible individuals served, including the number of participating individuals described in subsection (a)(3)(B)(ii) or (b)(2) of section
3056p of the title.
(c)
Evaluation
The Secretary shall—
(1)
annually evaluate, and 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 core indicators of performance, compared to the expected levels of performance established under subsection (a)(2)(C) (including any adjustments to such levels made in accordance with subsection (a)(2)(D)); and
(d)
Technical assistance and corrective efforts
(1)
Initial determinations
(A)
In general
As soon as practicable after July 1, 2007, the Secretary shall determine if a grantee under this subchapter has, for program year 2006—
(2)
National grantees
(A)
In general
Not later than 120 days after the end of each program year, the Secretary shall determine if a national grantee awarded a grant under section
3056
(b) of this title in accordance with section
3056l of this title has met the expected levels of performance established under subsection (a)(2)(C) (including any adjustments to such levels made in accordance with subsection (a)(2)(D)) for the core indicators of performance described in subsection (b)(1).
(B)
Technical assistance and corrective action plan
(i)
In general
If the Secretary determines that a national grantee fails to meet the expected levels of performance described in subparagraph (A), the Secretary after each year of such failure, shall provide technical assistance and require such grantee to submit a corrective action plan not later than 160 days after the end of the program year.
(ii)
Content
The plan submitted under clause (i) shall detail the steps the grantee will take to meet the expected levels of performance in the next program year.
(iii)
Recompetition
Any grantee who has failed to meet the expected levels of performance for 4 consecutive years (beginning with program year 2007) shall not be allowed to compete in the subsequent grant competition under section
3056l of this title following the fourth consecutive year of failure but may compete in the next such grant competition after that subsequent competition.
(3)
State grantees
(A)
In general
Not later than 120 days after the end of each program year, the Secretary shall determine if a State grantee allotted funds under section
3056d
(e) of this title has met the expected levels of performance established under subsection (a)(2)(C) (including any adjustments to such levels made in accordance with subsection (a)(2)(D)) for the core indicators of performance described in subsection (b)(1).
(B)
Technical assistance and corrective action plan
(i)
In general
If the Secretary determines that a State fails to meet the expected levels of performance described in subparagraph (A), the Secretary, after each year of such failure, shall provide technical assistance and require the State to submit a corrective action plan not later than 160 days after the end of the program year.
(ii)
Content
The plan submitted under clause (i) shall detail the steps the State will take to meet the expected levels of performance in the next program year.
(iii)
Competition
If the Secretary determines that the State fails to meet the expected levels of performance described in subparagraph (A) for 3 consecutive program years (beginning with program year 2007), the Secretary shall provide for the conduct by the State of a competition to award the funds allotted to the State under section
3056d
(e) of this title for the first full program year following the Secretary’s determination.
(e)
Impact on grant competition
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—