P3 AUTHORIZING STATUTES .PDF

Maricopa County — Formal (2018-04-11)

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Performance Partnership Pilots for Disconnected Youth
Authorizing Statutes
Consolidated Appropriations Act, 2014
(Public Law No: 113-76)
Sec. 526. (a) Definitions.--In this section,
(1) ``Performance Partnership Pilot'' (or ``Pilot'') is a project that seeks to identify, through a
demonstration, cost- effective strategies for providing services at the State, regional, or local
level that--
(A) involve two or more Federal programs (administered by one or more Federal agencies)--
(i) which have related policy goals, and
(ii) at least one of which is administered (in whole or in part) by a State, local, or tribal
government; and
(B) achieve better results for regions, communities, or specific at-risk populations through
making better use of the budgetary resources that are available for supporting such programs.
(2) ``To improve outcomes for disconnected youth'' means to increase the rate at which
individuals between the ages of 14 and 24 (who are low-income and either homeless, in foster
care, involved in the juvenile justice system, unemployed, or not enrolled in or at risk of
dropping out of an educational institution) achieve success in meeting educational, employment,
or other key goals.
(3) The ``lead Federal administering agency'' is the Federal agency, to be designated by the
Director of the Office of Management and Budget (from among the participating Federal
agencies that have statutory responsibility for the Federal discretionary funds that will be used in
a Performance Partnership Pilot), that will enter into and administer the particular Performance
Partnership Agreement on behalf of that agency and the other participating Federal agencies.
(b) Use of Discretionary Funds in Fiscal Year 2014.--Federal agencies may use Federal
discretionary funds that are made available in this Act to carry out up to 10 Performance
Partnership Pilots. Such Pilots shall:
(1) be designed to improve outcomes for disconnected youth, and
(2) involve Federal programs targeted on disconnected youth, or designed to prevent youth from
disconnecting from school or work, that provide education, training, employment, and other
related social services.

(c) Performance Partnership Agreements.--Federal agencies may use Federal discretionary funds,
as authorized in subsection (b), to participate in a Performance Partnership Pilot only in
accordance with the terms of a Performance Partnership Agreement that--
(1) is entered into between--
(A) the head of the lead Federal administering agency, on behalf of all of the participating
Federal agencies (subject to the head of the lead Federal administering agency having received
from the heads of each of the other participating agencies their written concurrence for entering
into the Agreement), and
(B) the respective representatives of all of the State, local, or tribal governments that are
participating in the Agreement; and
(2) specifies, at a minimum, the following information:
(A) the length of the Agreement (which shall not extend beyond September 30, 2018);
(B) the Federal programs and federally funded services that are involved in the Pilot;
(C) the Federal discretionary funds that are being used in the Pilot (by the respective Federal
account identifier, and the total amount from such account that is being used in the Pilot), and the
period (or periods) of availability for obligation (by the Federal Government) of such funds;
(D) the non-Federal funds that are involved in the Pilot, by source (which may include private
funds as well as governmental funds) and by amount;
(E) the State, local, or tribal programs that are involved in the Pilot;
(F) the populations to be served by the Pilot;
(G) the cost-effective Federal oversight procedures that will be used for the purpose of
maintaining the necessary level of accountability for the use of the Federal discretionary funds;
(H) the cost-effective State, local, or tribal oversight procedures that will be used for the purpose
of maintaining the necessary level of accountability for the use of the Federal discretionary
funds;
(I) the outcome (or outcomes) that the Pilot is designed to achieve;
(J) the appropriate, reliable, and objective outcome-measurement methodology that the Federal
Government and the participating State, local, or tribal governments will use, in carrying out the
Pilot, to determine whether the Pilot is achieving, and has achieved, the specified outcomes that
the Pilot is designed to achieve;

(K) the statutory, regulatory, or administrative requirements related to Federal mandatory
programs that are barriers to achieving improved outcomes of the Pilot; and
(L) in cases where, during the course of the Pilot, it is determined that the Pilot is not achieving
the specified outcomes that it is designed to achieve,
(i) the consequences that will result from such deficiencies with respect to the Federal
discretionary funds that are being used in the Pilot, and
(ii) the corrective actions that will be taken in order to increase the likelihood that the Pilot, upon
completion, will have achieved such specified outcomes.
(d) Agency Head Determinations.--A Federal agency may participate in a Performance
Partnership Pilot (including by providing Federal discretionary funds that have been appropriated
to such agency) only upon the written determination by the head of such agency that the agency's
participation in such Pilot-_
(1) will not result in denying or restricting the eligibility of any individual for any of the services
that (in whole or in part) are funded by the agency's programs and Federal discretionary funds
that are involved in the Pilot, and
(2) based on the best available information, will not otherwise adversely affect vulnerable
populations that are the recipients of such services.
In making this determination, the head of the agency may take into consideration the other
Federal discretionary funds that will be used in the Pilot as well as any non-Federal funds
(including from private sources as well as governmental sources) that will be used in the Pilot.
(e) Transfer Authority.--For the purpose of carrying out the Pilot in accordance with the
Performance Partnership Agreement, and subject to the written approval of the Director of the
Office of Management and Budget, the head of each participating Federal agency may transfer
Federal discretionary funds that are being used in the Pilot to an account of the lead Federal
administering agency that includes Federal discretionary funds that are being used in the Pilot.
Subject to the waiver authority under subsection (f), such transferred funds shall remain available
for the same purposes for which such funds were originally appropriated: Provided, That such
transferred funds shall remain available for obligation by the Federal Government until the
expiration of the period of availability for those Federal discretionary funds (which are being
used in the Pilot) that have the longest period of availability, except that any such transferred
funds shall not remain available beyond September 30, 2018.
(f) Waiver Authority.--In connection with a Federal agency's participation in a Performance
Partnership Pilot, and subject to the other provisions of this section (including subsection (e)),
the head of the Federal agency to which the Federal discretionary funds were appropriated may
waive (in whole or in part) the application, solely to such discretionary funds that are being used
in the Pilot, of any statutory, regulatory, or administrative requirement that such agency head--

(1) is otherwise authorized to waive (in accordance with the terms and conditions of such other
authority), and
(2) is not otherwise authorized to waive, provided that in such case the agency head shall--
(A) not waive any requirement related to nondiscrimination, wage and labor standards, or
allocation of funds to State and substate levels;
(B) issue a written determination, prior to granting the waiver, with respect to such discretionary
funds that the granting of such waiver for purposes of the Pilot--
(i) is consistent with both--
(I) the statutory purposes of the Federal program for which such discretionary funds were
appropriated, and
(II) the other provisions of this section, including the written determination by the agency head
issued under subsection (d);
(ii) is necessary to achieve the outcomes of the Pilot as specified in the Performance Partnership
Agreement, and is no broader in scope than is necessary to achieve such outcomes; and
(iii) will result in either--
(I) realizing efficiencies by simplifying reporting burdens or reducing administrative barriers
with respect to such discretionary funds, or
(II) increasing the ability of individuals to obtain access to services that are provided by such
discretionary funds; and
(C) provide at least 60 days advance written notice to the Committees on Appropriations and
other committees of jurisdiction in the House of Representatives and the Senate.

Consolidated and Further Continuing Appropriations Act, 2015
(Public Law No: 113-235)
Sec. 524. (a) Federal agencies may use Federal discretionary funds that are made available in this
Act to carry out up to 10 Performance Partnership Pilots. Such Pilots shall:
(1) be designed to improve outcomes for disconnected youth, and
(2) involve Federal programs targeted on disconnected youth, or designed to prevent youth from
disconnecting from school or work, that provide education, training, employment, and other
related social services. Such Pilots shall be governed by the provisions of section 526 of the
Departments of Labor, Health and Human Services, and Education, and Related Agencies
Appropriations Act, 2014, except that in carrying out such Pilots section 526 shall be applied by
substituting ``fiscal year 2015'' for ``fiscal year 2014'' in the title of subsection (b) and by
substituting ``September 30, 2019'' for ``September 30, 2018'' each place it appears.
(b) In addition, Federal agencies may use Federal discretionary funds that are made available in
this Act to participate in Performance Partnership Pilots that are being carried out pursuant to the
authority provided by section 526 of the Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 2014.

Consolidated Appropriations Act, 2016
(Public Law No: 114-113)
Division B
Sec. 219. Discretionary funds that are made available in this Act for the Office of Justice
Programs may be used to participate in Performance Partnership Pilots authorized under section
526 of division H of Public Law 113-76, section 524 of division G of Public Law 113-235, and
such authorities as are enacted for Performance Partnership Pilots in an appropriations Act for
fiscal year 2016.
…
Division H
Sec. 525. (a) Federal agencies may use Federal discretionary funds that are made available in this
Act to carry out up to 10 Performance Partnership Pilots. Such Pilots shall—
(1) be designed to improve outcomes for disconnected youth;
(2) include communities that have recently experienced civil unrest; and
(3) involve Federal programs targeted on disconnected youth, or designed to prevent youth from
disconnecting from school or work, that provide education, training, employment, and other
related social services. Such Pilots shall be governed by the provisions of section 526 of division
H of Public Law 113–76, except that in carrying out such Pilots section 526 shall be applied by
substituting “Fiscal Year 2016” for “Fiscal Year 2014” in the title of subsection (b) and by
substituting “September 30, 2020” for “September 30, 2018” each place it appears.
(b) In addition, Federal agencies may use Federal discretionary funds that are made available in
this Act to participate in Performance Partnership Pilots that are being carried out pursuant to the
authority provided by section 526 of division H of Public Law 113–76, and section 524 of
division G of Public Law 113–235: Provided, That new pilots that are being carried out with
discretionary funds made available in division G of Public Law 113–235 shall include
communities that have recently experienced civil unrest.