
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 29USC726]

 
                             TITLE 29--LABOR
 
 CHAPTER 16--VOCATIONAL REHABILITATION AND OTHER REHABILITATION SERVICES
 
            SUBCHAPTER I--VOCATIONAL REHABILITATION SERVICES
 
                       Part A--General Provisions
 
Sec. 726. Evaluation standards and performance indicators


(a) Establishment

                           (1) In general

        (A) Establishment of standards and indicators

            The Commissioner shall, not later than July 1, 1999, 
        establish and publish evaluation standards and performance 
        indicators for the vocational rehabilitation program carried out 
        under this subchapter.

        (B) Review and revision

            Effective July 1, 1999, the Commissioner shall review and, 
        if necessary, revise the evaluation standards and performance 
        indicators every 3 years. Any revisions of the standards and 
        indicators shall be developed with input from State vocational 
        rehabilitation agencies, related professional and consumer 
        organizations, recipients of vocational rehabilitation services, 
        and other interested parties. Any revisions of the standards and 
        indicators shall be subject to the publication, review, and 
        comment provisions of paragraph (3).

        (C) Bases

            Effective July 1, 1999, to the maximum extent practicable, 
        the standards and indicators shall be consistent with the core 
        indicators of performance established under section 2871(b) of 
        this title.

                            (2) Measures

        The standards and indicators shall include outcome and related 
    measures of program performance that facilitate the accomplishment 
    of the purpose and policy of this subchapter.

                             (3) Comment

        The standards and indicators shall be developed with input from 
    State vocational rehabilitation agencies, related professional and 
    consumer organizations, recipients of vocational rehabilitation 
    services, and other interested parties. The Commissioner shall 
    publish in the Federal Register a notice of intent to regulate 
    regarding the development of proposed standards and indicators. 
    Proposed standards and indicators shall be published in the Federal 
    Register for review and comment. Final standards and indicators 
    shall be published in the Federal Register.

(b) Compliance

                          (1) State reports

        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) Program improvement

        (A) Plan

            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) Review

            The Commissioner shall--
                (i) review the program improvement efforts of the State 
            on a biannual basis and, if necessary, request 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) Withholding

    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) Report to Congress

    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.

(Pub. L. 93-112, title I, Sec. 106, as added Pub. L. 105-220, title IV, 
Sec. 404, Aug. 7, 1998, 112 Stat. 1156.)


                            Prior Provisions

    A prior section 726, Pub. L. 93-112, title I, Sec. 106, as added 
Pub. L. 102-569, title I, Sec. 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 721, 727 of this title.
