§726 — Title 29 Labor | U.S. Code

Summary

Requires that the vocational rehabilitation program follow the performance rules in section 3141(b). States may add extra performance measures and must list them in their State plan under section 721. After each fiscal year, States must report to the Commissioner how well they met the standards, under rules the Secretary sets. If a State falls short, the Commissioner must help and work with the State to make a written improvement plan. The Commissioner will review the plan twice a year and order changes until the State shows acceptable results for more than one year. If a State refuses to make or follow a plan, the Commissioner may reduce or stop payments under the rules in section 727. Starting in fiscal year 1999, the Commissioner must include a performance analysis, with State comparisons, in the annual report to Congress under section 710.

Title 29, §726

Labor — Source: USLM XML via OLRC

(a)(1)The evaluation standards and performance indicators for the vocational rehabilitation program carried out under this subchapter shall be subject to the performance accountability provisions described in section 3141(b) of this title.

(2)A State may establish and provide information on additional performance accountability indicators, which shall be identified in the State plan submitted under section 721 of this title.

(b)(1)In accordance with regulations established by the Secretary, each State shall report to the Commissioner after the end of each fiscal year the extent to which the State is in compliance with the standards and indicators.

(2)(A)If the Commissioner determines that the performance of any State is below established standards, the Commissioner shall provide technical assistance to the State, and the State and the Commissioner shall jointly develop a program improvement plan outlining the specific actions to be taken by the State to improve program performance.

(B)The Commissioner shall—

(i)on a biannual basis, review the program improvement efforts of the State and, if the State has not improved its performance to acceptable levels, as determined by the Commissioner, direct the State to make further revisions to the plan to improve performance; and

(ii)continue to conduct such reviews and request such revisions until the State sustains satisfactory performance over a period of more than 1 year.

(c)If the Commissioner determines that a State whose performance falls below the established standards has failed to enter into a program improvement plan, or is not complying substantially with the terms and conditions of such a program improvement plan, the Commissioner shall, consistent with subsections (c) and (d) of section 727 of this title, reduce or make no further payments to the State under this program, until the State has entered into an approved program improvement plan, or satisfies the Commissioner that the State is complying substantially with the terms and conditions of such a program improvement plan, as appropriate.

(d)Beginning in fiscal year 1999, the Commissioner shall include in each annual report to the Congress under section 710 of this title an analysis of program performance, including relative State performance, based on the standards and indicators.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 726, Pub. L. 93–112, title I, § 106, as added Pub. L. 102–569, title I, § 127(a), Oct. 29, 1992, 106 Stat. 4385, related to evaluation standards and performance indicators, prior to the general amendment of this subchapter by Pub. L. 105–220.

Amendments

2014—Subsec. (a). Pub. L. 113–128, § 416(1), added subsec. (a) and struck out former subsec. (a) which provided for the establishment, review, and revision of evaluation standards and performance indicators. Subsec. (b)(2)(B)(i). Pub. L. 113–128, § 416(2), substituted “on a biannual basis, review the program improvement efforts of the State and, if the State has not improved its performance to acceptable levels, as determined by the Commissioner, direct the State” for “review the program improvement efforts of the State on a biannual basis and, if necessary, request the State”.

Statutory Notes and Related Subsidiaries

Definitions of Terms in Pub. L. 113–128 Except as otherwise provided, definitions in section 3 of Pub. L. 113–128, which is classified to section 3102 of this title, apply to this section.

§726 Evaluation standards and performance indicators