Page:United States Statutes at Large Volume 102 Part 3.djvu/423

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-485—OCT. 13, 1988

102 STAT. 2375

graph (I)(A)) if the State's participation rate (determined under subparagraph (B)) for the preceding fiscal year does not exceed or equal— "(i) 7 percent if the preceding fiscal year is 1990; "(ii) 7 percent if such year is 1991; "(iii) 11 percent if such year is 1992; "(iv) 11 percent if such year is 1993; "(v) 15 percent if such year is 1994; and "(vi) 20 percent if such year is 1995. "(B)(i) The State's participation rate for a fiscal year shall be the average of its participation rates for computation periods (as defined in clause (ii)) in such fiscal year, "(ii) The computation periods shall be— "CD the fiscal year, in the case of fiscal year 1990, "(II) the first six months, and the seventh through twelfth months, in the case of fiscal year 1991, "(10) the first three months, the fourth through sixth months, the seventh through ninth months, and the tenth through twelfth months, in the case of fiscal years 1992 and 1993, and "(TV) each month, in the case of fiscal years 1994 and 1995. "(iii) The State's participation rate for a computation period shall be the number, expressed as a percentage, equal to— "(I) the average monthly number of individuals required or allowed by the State to participate in the pr(^ram under part F who have participated in such pn^ram in months in the computation period, plus the number of individuals required or allowed by the State to participate in such pn^ram who have so participated in that month in such period for which the number of such participants is the greatest, divided by "(II) twice the average monthly number of individuals required to participate in such period (other than individuals described in subparagraph (CKiii)(I) or (D) of section 402(a)(19) with respect to whom the State has exercised its option to require their participation). For purposes of this subparagraph, an individual shall not be considered to have satisfactorily participated in the pr(^ram under part F solely by reason of such individual being roistered to participate in such program. "(C) Notwithstanding any other provision of this paragraph, no State shall be subject to payment under this paragraph (in lieu of paragraph (I)(A)) for failing to meet any participation rate required under this paragraph with respect to any fiscal year before 1991. "(D) For purposes of this paragraph, an individual shall be determined to have participated in the pn^ram under part F, if such individual has participated in accordance with such requirements, consistent with r^ulations of the Secretary, as the State shall establish. "(E) If the Secretary determines that the State has failed to achieve the participation rate for any fiscal year specified in the numbered clauses of subparagraph (A), he may waive, in whole or in part, the reduction in the payment rate otherwise required by such subparagraph if he finds that— "(i) the State is in conformity with section 402(a)(19) and partF; "(ii) the State has made a good faith effort to achieve the applicable participation rate for such fiscal year; and