(a) If a State fails to meet the adjusted levels of performance
agreed to under Sec. 666.120 for core indicators of performance or
customer satisfaction indicators for the adult, dislocated worker or
youth program under title I of WIA, the Secretary must, upon request,
provide technical assistance, as authorized under WIA sections 136(g)
and 170.
(b) If a State fails to meet the adjusted levels of performance for
core indicators of performance or customer satisfaction indicators for
the same program in two successive years, the amount of the succeeding
year's allocation for the applicable program may be reduced by up to
five percent.
(c) The exact amount of any allocation reduction will be based upon
the degree of failure to meet the adjusted levels of performance for
core indicators. In making a determination of the amount, if any, of
such a sanction, the Department may consider factors such as:
(1) The State's performance relative to other States;
(2) Improvement efforts underway;
(3) Incremental improvement on the performance measures;
(4) Technical assistance previously provided;
(5) Changes in economic conditions and program design;
(6) The characteristics of participants served compared to the
participant characteristics described in the State Plan; and
(7) Performance on other core indicators of performance and
customer satisfaction indicators for that program. (WIA section
136(g).)
(d) In accordance with 20 CFR 667.300(e), a State grant may be
reduced for failure to submit an annual performance progress report.
(e) A State may request review of a sanction imposed by the
Department in accordance with the provisions of 20 CFR 667.800.
