106 STAT. 1032 PUBLIC LAW 102-367 —SEPT. 7, 1992 t "(ii) includes employer-assisted employment benefits, including health benefits, consistent with the requirements of section 143(a)(4) relating to subsidized employment; and "(E) exceed the performance standards established by the Governor under subsection (e) for programs under title II, except that not more than 25 percent of the incentive grsuits shall be awarded on performance standards established under subsection (e). "(8) PROGRAM EXPENDITURES.— The Secretary shall prescribe performance standards relating gross program expenditures to various performance measures under this subsection, excluding any cost per participant measure. The Governors shall not take performance standards prescribed under this paragraph into consideration in awarding incentive grants under paragraph (7). "(c) TITLE III PERFORMANCE STANDARDS.— "(1) IN GENERAL. —The Secretary shall prescribe performance standards for programs under title III based on placement and retention in unsubsidized employment. "(2) NEEDS-RELATED PAYMENTS. —In prescribing performance standards under paragraph (1), the Secretary shall make appropriate allowance for the difference in cost resulting from serving workers receiving needs-related payments under section 314(e). " (d) STATE VARIATION OF PERFORMANCE STANDARDS.— "(1) AUTHORITY OF GOVERNOR.— Each Governor shall prescribe, and report in the Governor's coordination and special services plan, within parameters established by the Secretary, variations in the standards issued under subsections (b) and (c) based upon— "(A) specific economic, geographic, and demographic factors in the State and in service delivery areas and substate areas within the State; "(B) the characteristics of the population to be served; "(C) the demonstrated difficulties in serving the population; and "(D) the type of services to be provided. "(2) RESPONSIBILITIES OF SECRETARY.— The Secretary shall— "(A) provide information and technical assistance on performance standards adjustments; "(B) collect data that identifies hard-to-serve individuals; "(C) provide guidance on setting performance standards at the service provider level that encourages increased service to such individuals; and "(D) review performance standards to ensure that such standards provide maximum incentive in serving such individuals. "(e) ADDITIONAL STATE STANDARDS PERMITTED. —The Governor may prescribe performance standards for programs under title II and title III in addition to those standards established by the Secretary under subsections (b) and (c). Such additional standards may include criteria relating to establishment of effective linkages with other programs to avoid duplication and enhance the delivery of services, the provision of high quality services, and successful service to hard-to-serve individuals. The additional performance standards established for title II shall be reported in the Governor's coordination and special services plan.
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