PUBLIC LAW 105-220—AUG. 7, 1998 112 STAT. 967 as specified in the procedure, and shall meet appropriate levels of performance for the program, as specified in the procedure; and (iii) if the provider does not provide training services on such date, shall meet appropriate requirements, as specified in the procedure, (c) SUBSEQUENT ELIGIBILITY DETERMINATION.— (1) PROCEDURE. —Each Governor of a State shall establish a procedure for use by local boards in the State in determining the eligibility of a provider described in subsection (a)(2) to continue to receive funds as described in subsection (a) for a program after an initial period of eligibility under subsection (b) (referred to in this section as "subsequent eligibility"). (2) RECOMMENDATIONS. —In developing such procedure, the Governor shall solicit and take into consideration the recommendations of local boards and providers of training services within the State. (3) OPPORTUNITY TO SUBMIT COMMENTS.— The Governor shall provide an opportunity, during the development of the procedure, for interested members of the public, including representatives of business and labor organizations, to submit comments on such procedure. (4) CONSIDERATIONS.— In developing such procedure, the Governor shall ensure that the procedure requires the local boards to take into consideration, in making the determinations of subsequent eligibility— (A) the specific economic, geographic, and demographic factors in the local areas in which providers seeking eligibility are located; and (B) the characteristics of the populations served by providers seeking eligibility, including the demonstrated difficulties in serving such populations, where applicable. (5) REQUIREMENTS. —In establishing the procedure, the Governor shall require that, to be eligible to continue to receive funds as described in subsection (a) for a program after the initial period of eligibility, a provider described in subsection (a)(2) shall— (A) submit the performance information and program cost information described in subsection (d)(1) for the program and any additional information required to be submitted in accordance with subsection (d)(2) for the program annually to the appropriate local board at such time and in such manner as may be required; and (B) annually meet the performance levels described in paragraph (6) for the program, as demonstrated utilizing quarterly records described in section 136, in a manner consistent with section 136. (6) LEVELS OF PERFORMANCE.— (A) IN GENERAL.—At a minimum, the procedure described in paragraph (1) shall require the provider to meet minimum acceptable levels of performance based on the performance information referred to in paragraph (5)(A). (B) HIGHER LEVELS OF PERFORMANCE ELIGIBILITY.— The local board may require higher levels of performance
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