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(A) In general
If the Secretary finds, with respect to a State’s program under part D, in a fiscal year beginning on or after October 1, 1997 —
(i) (I) on the basis of data submitted by a State pursuant to section 654(15)(B) of this title , or on the basis of the results of a review conducted under section 652(a)(4) of this title , that the State program failed to achieve the paternity establishment percentages (as defined in section 652(g)(2) of this title ), or to meet other performance measures that may be established by the Secretary; (II) on the basis of the results of an audit or audits conducted under section 652(a)(4)(C)(i) of this title that the State data submitted pursuant to section 654(15)(B) of this title is incomplete or unreliable; or (III) on the basis of the results of an audit or audits conducted under section 652(a)(4)(C) of this title that a State failed to substantially comply with 1 or more of the requirements of part D (other than paragraph (24), or subparagraph (A) or (B)(i) of paragraph (27), of section 654 of this title ); and
(ii) that, with respect to the succeeding fiscal year— (I) the State failed to take sufficient corrective action to achieve the appropriate performance levels or compliance as described in subparagraph (A)(i); or (II) the data submitted by the State pursuant to section 654(15)(B) of this title is incomplete or unreliable;
the amounts otherwise payable to the State under this part for quarters following the end of such succeeding fiscal year, prior to quarters following the end of the first quarter throughout which the State program has achieved the paternity establishment percentages or other performance measures as described in subparagraph (A)(i)(I), or is in substantial compliance with 1 or more of the requirements of part D as described in subparagraph (A)(i)(III), as appropriate, shall be reduced by the percentage specified in subparagraph (B).
(I) on the basis of data submitted by a State pursuant to section 654(15)(B) of this title , or on the basis of the results of a review conducted under section 652(a)(4) of this title , that the State program failed to achieve the paternity establishment percentages (as defined in section 652(g)(2) of this title ), or to meet other performance measures that may be established by the Secretary;
(II) on the basis of the results of an audit or audits conducted under section 652(a)(4)(C)(i) of this title that the State data submitted pursuant to section 654(15)(B) of this title is incomplete or unreliable; or
(III) on the basis of the results of an audit or audits conducted under section 652(a)(4)(C) of this title that a State failed to substantially comply with 1 or more of the requirements of part D (other than paragraph (24), or subparagraph (A) or (B)(i) of paragraph (27), of section 654 of this title ); and
on the basis of data submitted by a State pursuant to section 654(15)(B) of this title , or on the basis of the results of a review conducted under section 652(a)(4) of this title , that the State program failed to achieve the paternity establishment percentages (as defined in section 652(g)(2) of this title ), or to meet other performance measures that may be established by the Secretary;
on the basis of the results of an audit or audits conducted under section 652(a)(4)(C)(i) of this title that the State data submitted pursuant to section 654(15)(B) of this title is incomplete or unreliable; or
on the basis of the results of an audit or audits conducted under section 652(a)(4)(C) of this title that a State failed to substantially comply with 1 or more of the requirements of part D (other than paragraph (24), or subparagraph (A) or (B)(i) of paragraph (27), of section 654 of this title ); and
that, with respect to the succeeding fiscal year—
(I) the State failed to take sufficient corrective action to achieve the appropriate performance levels or compliance as described in subparagraph (A)(i); or
(II) the data submitted by the State pursuant to section 654(15)(B) of this title is incomplete or unreliable;
the State failed to take sufficient corrective action to achieve the appropriate performance levels or compliance as described in subparagraph (A)(i); or
the data submitted by the State pursuant to section 654(15)(B) of this title is incomplete or unreliable;
The reductions required under subparagraph (A) shall be—
(i) not less than 1 nor more than 2 percent;
(ii) not less than 2 nor more than 3 percent, if the finding is the 2nd consecutive finding made pursuant to subparagraph (A); or
(iii) not less than 3 nor more than 5 percent, if the finding is the 3rd or a subsequent consecutive such finding.
not less than 1 nor more than 2 percent;
not less than 2 nor more than 3 percent, if the finding is the 2nd consecutive finding made pursuant to subparagraph (A); or
not less than 3 nor more than 5 percent, if the finding is the 3rd or a subsequent consecutive such finding.
For purposes of this section and section 652(a)(4) of this title , a State determined as a result of an audit—
(i) to have failed to have substantially complied with 1 or more of the requirements of part D shall be determined to have achieved substantial compliance only if the Secretary determines that the extent of the noncompliance is of a technical nature which does not adversely affect the performance of the State’s program under part D; or
(ii) to have submitted incomplete or unreliable data pursuant to section 654(15)(B) of this title shall be determined to have submitted adequate data only if the Secretary determines that the extent of the incompleteness or unreliability of the data is of a technical nature which does not adversely affect the determination of the level of the State’s paternity establishment percentages (as defined under section 652(g)(2) of this title ) or other performance measures that may be established by the Secretary.
to have failed to have substantially complied with 1 or more of the requirements of part D shall be determined to have achieved substantial compliance only if the Secretary determines that the extent of the noncompliance is of a technical nature which does not adversely affect the performance of the State’s program under part D; or
to have submitted incomplete or unreliable data pursuant to section 654(15)(B) of this title shall be determined to have submitted adequate data only if the Secretary determines that the extent of the incompleteness or unreliability of the data is of a technical nature which does not adversely affect the determination of the level of the State’s paternity establishment percentages (as defined under section 652(g)(2) of this title ) or other performance measures that may be established by the Secretary.