PUBLIC LAW 102-569—OCT. 29, 1992

106 STAT. 4385

Federal

Register,

publication.

SEC. 127. EVALUATION.

(a) AMENDMENT.—Part A of title I (29 U.S.C. 720 et seq.)
(as amended by section 126(a)), is further amended by adding
at the end the following:

"SEC. 106. EVALUATION STANDARDS AND PERFORMANCE INDICATORS. 29 USC 726.

"(a) ESTABLISHMENT.—

"(1) IN GENERAL.—The Commissioner shall, not later than
September 30,1994, establish and publish evaluation standards
and performance indicators for the vocational rehabilitation
program under this title.

"(2) MEASURES.—The standards and indicators shall
include outcome and related measures of program performance
that facilitate and in no way impede the accomplishment of
the purpose and policy of this title.

"(3) COMMENT.—The standards and indicators shall be
developed with input from State vocational rehabilitation agen-
cies, related professional and consumer organizations, recipi-
ents 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 estab-
lished by the Secretary, each State shall report to the Commis-
sioner 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 sub-
sections (c) and (d) of section 107, 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.