 
                CHAPTER 73--ADULT EDUCATION AND LITERACY
 
            SUBCHAPTER I--ADULT EDUCATION AND FAMILY LITERACY
 
              Part A--Adult Education and Literacy Programs
 
                      subpart 1--federal provisions
 
Sec. 9212. Performance accountability system


(a) Purpose

    The purpose of this section is to establish a comprehensive 
performance accountability system, comprised of the activities described 
in this section, to assess the effectiveness of eligible agencies in 
achieving continuous improvement of adult education and literacy 
activities funded under this part, in order to optimize the return on 
investment of Federal funds in adult education and literacy activities.

(b) Eligible agency performance measures

                           (1) In general

        For each eligible agency, the eligible agency performance 
    measures shall consist of--
            (A)(i) the core indicators of performance described in 
        paragraph (2)(A); and
            (ii) additional indicators of performance (if any) 
        identified by the eligible agency under paragraph (2)(B); and
            (B) an eligible agency adjusted level of performance for 
        each indicator described in subparagraph (A).

                    (2) Indicators of performance

        (A) Core indicators of performance

            The core indicators of performance shall include the 
        following:
                (i) Demonstrated improvements in literacy skill levels 
            in reading, writing, and speaking the English language, 
            numeracy, problem solving, English language acquisition, and 
            other literacy skills.
                (ii) Placement in, retention in, or completion of, 
            postsecondary education, training, unsubsidized employment 
            or career advancement.
                (iii) Receipt of a secondary school diploma or its 
            recognized equivalent.

        (B) Additional indicators

            An eligible agency may identify in the State plan additional 
        indicators for adult education and literacy activities 
        authorized under this part.

                      (3) Levels of performance

        (A) Eligible agency adjusted levels of performance for core 
                indicators

            (i) In general

                For each eligible agency submitting a State plan, there 
            shall be established, in accordance with this subparagraph, 
            levels of performance for each of the core indicators of 
            performance described in paragraph (2)(A) for adult 
            education and literacy activities authorized under this 
            part. The levels of performance established under this 
            subparagraph shall, at a minimum--
                    (I) be expressed in an objective, quantifiable, and 
                measurable form; and
                    (II) show the progress of the eligible agency toward 
                continuously improving in performance.
            (ii) Identification in State plan

                Each eligible agency shall identify, in the State plan 
            submitted under section 9224 of this title, expected levels 
            of performance for each of the core indicators of 
            performance for the first 3 program years covered by the 
            State plan.
            (iii) Agreement on eligible agency adjusted levels 
                    of performance for first 3 years

                In order to ensure an optimal return on the investment 
            of Federal funds in adult education and literacy activities 
            authorized under this part, the Secretary and each eligible 
            agency shall reach agreement on levels of performance for 
            each of the core indicators of performance, for the first 3 
            program years covered by the State plan, taking into account 
            the levels identified in the State plan under clause (ii) 
            and the factors described in clause (iv). The levels agreed 
            to under this clause shall be considered to be the eligible 
            agency adjusted levels of performance for the eligible 
            agency for such years and shall be incorporated into the 
            State plan prior to the approval of such plan.
            (iv) Factors

                The agreement described in clause (iii) or (v) shall 
            take into account--
                    (I) how the levels involved compare with the 
                eligible agency adjusted levels of performance 
                established for other eligible agencies, taking into 
                account factors including the characteristics of 
                participants when the participants entered the program, 
                and the services or instruction to be provided; and
                    (II) the extent to which such levels involved 
                promote continuous improvement in performance on the 
                performance measures by such eligible agency and ensure 
                optimal return on the investment of Federal funds.
            (v) Agreement on eligible agency adjusted levels of 
                    performance for 4th and 5th years

                Prior to the fourth program year covered by the State 
            plan, the Secretary and each eligible agency shall reach 
            agreement on levels of performance for each of the core 
            indicators of performance for the fourth and fifth program 
            years covered by the State plan, taking into account the 
            factors described in clause (iv). The levels agreed to under 
            this clause shall be considered to be the eligible agency 
            adjusted levels of performance for the eligible agency for 
            such years and shall be incorporated into the State plan.
            (vi) Revisions

                If unanticipated circumstances arise in a State 
            resulting in a significant change in the factors described 
            in clause (iv)(II), the eligible agency may request that the 
            eligible agency adjusted levels of performance agreed to 
            under clause (iii) or (v) be revised. The Secretary, after 
            collaboration with the representatives described in section 
            2871(i)(1) of title 29, shall issue objective criteria and 
            methods for making such revisions.

        (B) Levels of performance for additional indicators

            The eligible agency may identify, in the State plan, 
        eligible agency levels of performance for each of the additional 
        indicators described in paragraph (2)(B). Such levels shall be 
        considered to be eligible agency adjusted levels of performance 
        for purposes of this part.

(c) Report

                           (1) In general

        Each eligible agency that receives a grant under section 9211(b) 
    of this title shall annually prepare and submit to the Secretary a 
    report on the progress of the eligible agency in achieving eligible 
    agency performance measures, including information on the levels of 
    performance achieved by the eligible agency with respect to the core 
    indicators of performance.

                    (2) Information dissemination

        The Secretary--
            (A) shall make the information contained in such reports 
        available to the general public through publication and other 
        appropriate methods;
            (B) shall disseminate State-by-State comparisons of the 
        information; and
            (C) shall provide the appropriate committees of Congress 
        with copies of such reports.

(Pub. L. 105-220, title II, Sec. 212, Aug. 7, 1998, 112 Stat. 1064; Pub. 
L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 404(c)], Oct. 21, 
1998, 112 Stat. 2681-337, 2681-416.)


                               Amendments

    1998--Subsec. (b)(3)(A)(vi). Pub. L. 105-277 substituted 
``2871(i)(1) of title 29'' for ``2871(j) of title 29''.

                  Section Referred to in Other Sections

    This section is referred to in sections 9224, 9241 of this title.
