PUBLIC LAW 105-220—AUG. 7, 1998 112 STAT. 1213 Indian tribes, or tribal organizations, that are currently unserved or underserved by projects. "(f)(1) The Commissioner shall, as necessary, develop and publish in the Federal Register, in final form, indicators of what constitutes minimum compliance consistent with the evaluation standards under subsection (d)(1). "(2) Each grant recipient shall report to the Commissioner Reports, at the end of each project year the extent to which the grant recipient is in compliance with the evaluation standards. "(3)(A) The Commissioner shall annually conduct onsite compliance reviews of at least 15 percent of grant recipients. The Commissioner shall select grant recipients for review on a random basis. "(B) The Commissioner shall use the indicators in determining compliance with the evaluation standards. "(C) The Commissioner shall ensure that at least one member of a team conducting such a review shall be an individual who— "(i) is not an employee of the Federal Government; and "(ii) has experience or expertise in conducting projects. "(D) The Commissioner shall ensure that— "(i) a representative of the appropriate designated State unit shall participate in the review; and "(ii) no person shall participate in the review of a grant recipient if— "(I) the grant recipient provides any direct financial benefit to the reviewer; or "(II) participation in the review would give the appearance of a conflict of interest. "(4) In making a determination concerning any subsequent grant under this section, the Commissioner shall consider the past performance of the applicant, if applicable. The Commissioner shall use compliance indicators developed under this subsection that are consistent with program evaluation standards developed under subsection (d) to assess minimum project performance for purposes of making continuation awards in the third, fourth, and fifth years. "(5) Each fiscal year the Commissioner shall include in the Reports, annual report to Congress required by section 13 an analysis of the extent to which grant recipients have complied with the evaluation standards. The Commissioner may identify individual grant recipients in the analysis. In addition, the Commissioner shall report the results of onsite compliance reviews, identifying individual grant recipients. "(g) The Commissioner may provide, directly or by way of grant, contract, or cooperative agreement, technical assistance to— "(1) entities conducting projects for the purpose of assisting such entities in— "(A) the improvement of or the development of relationships with private industry or labor; or "(B) the improvement of relationships with State vocational rehabilitation agencies; and "(2) entities planning the development of new projects. "(h) As used in this section: "(1) The term 'agreement' means an agreement described in subsection (a)(4). "(2) The term 'project' means a Project With Industry established under subsection (a)(2). "(3) The term 'grant recipient' meems a recipient of a grant under subsection (a)(2). Federal Register, publication.
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