Page:United States Statutes at Large Volume 106 Part 2.djvu/151

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PUBLIC LAW 102-367 —SEPT. 7, 1992 106 STAT. 1031 "(i) attainment of employment competencies (including attainment of the competency levels described in paragraph (5)); "(ii) dropout prevention and recovery; "(iii) secondary and postsecondary school completion or the equivalent of such completion; and "(iv) enrollment in other trguning programs, apprenticeships, or postsecondary education, or enlistment in the Armed Forces. "(B) VARIATIONS. —The Secretary may prescribe variations in the standards described in subparagraph (A) to reflect the differences between in-school and out-of-school programs. "(5) COMPETENCY LEVELS.— The private industry councils, in consultation with appropriate educational agencies, and, where appropriate, the private sector, labor organizations, and community-based organizations, shall establish youth and adult competency levels, based on such factors as entry level skills and other hiring requirements. "(6) REQUIREMENTS. — The performance standards described in paragraphs (3) and (4) shall include provisions governing— "(A) the base period prior to program participation that will be used for measurement of the factors in such paragraphs, as appropriate; "(B) a representative period after termination from the program that is a reasonable indicator of postprogram employment, earnings, and cash welfare payment reductions; and "(C) cost-effective methods for obtaining such data as are necessary to carry out this section and section 452(d) which, notwithstanding any other provision of law, may include access to earnings records. State employment security records, records collected under the Federal Insurance Contributions Act (chapter 21 of the Internal Revenue Code of 1986), State aid to families with dependent children records, statistical sampling techniques, and similar records or measures, with appropriate safeguards to protect the confidentiality of the information obtained. "(7) INCENTIVE GRANTS. —From funds available under section 202(c)(1)(B), and under section 262(c)(1)(B), for providing incentive grants under this paragraph, each (Governor shall award incentive grants for programs under parts A and C of title II, other than programs under section 204(d), to service delivery areas that— "(A) exceed the performance standards established by the Secretary under this subsection (except for the standards established under paragraph (8)) with respect to services to all participants; "(B) exceed the performance standards established by the Secretary under this subsection (except for the standards established under paragraph (8)) with respect to services to populations of hard-to-serve individuals; "(C) serve more than the minimum percentage of outof-school youth required by section 263(f); "(D) place participants in employment that— "(i) provides post-program earnings exceeding the applicable performance criteria; and