PUBLIC LAW 109–365—OCT. 17, 2006
120 STAT. 2583
described in subparagraphs (A), (C), (D), and (E) of subsection (b)(1); and ‘‘(ii) achieved the applicable percentage specified in subsection (a)(2)(E)(ii) for the core indicator of performance described in subsection (b)(1)(B). ‘‘(B) TECHNICAL ASSISTANCE.—If the Secretary determines that the grantee, for program year 2006— ‘‘(i) failed to meet the expected levels of performance described in subparagraph (A)(i); or ‘‘(ii) failed to achieve the applicable percentage described in subparagraph (A)(ii), the Secretary shall provide technical assistance to assist the grantee to meet the expected levels of performance and achieve the applicable percentage. ‘‘(2) NATIONAL GRANTEES.— ‘‘(A) IN GENERAL.—Not later than 120 days after the end of each program year, the Secretary shall determine if a national grantee awarded a grant under section 502(b) in accordance with section 514 has met the expected levels of performance established under subsection (a)(2)(C) (including any adjustments to such levels made in accordance with subsection (a)(2)(D)) for the core indicators of performance described in subsection (b)(1). ‘‘(B) TECHNICAL ASSISTANCE AND CORRECTIVE ACTION PLAN.— ‘‘(i) IN GENERAL.—If the Secretary determines that a national grantee fails to meet the expected levels of performance described in subparagraph (A), the Secretary after each year of such failure, shall provide technical assistance and require such grantee to submit a corrective action plan not later than 160 days after the end of the program year. ‘‘(ii) CONTENT.—The plan submitted under clause (i) shall detail the steps the grantee will take to meet the expected levels of performance in the next program year. ‘‘(iii) RECOMPETITION.—Any grantee who has failed to meet the expected levels of performance for 4 consecutive years (beginning with program year 2007) shall not be allowed to compete in the subsequent grant competition under section 514 following the fourth consecutive year of failure but may compete in the next such grant competition after that subsequent competition. ‘‘(3) STATE GRANTEES.— ‘‘(A) IN GENERAL.—Not later than 120 days after the end of each program year, the Secretary shall determine if a State grantee allotted funds under section 506(e) has met the expected levels of performance established under subsection (a)(2)(C) (including any adjustments to such levels made in accordance with subsection (a)(2)(D)) for the core indicators of performance described in subsection (b)(1). ‘‘(B) TECHNICAL ASSISTANCE AND CORRECTIVE ACTION PLAN.— ‘‘(i) IN GENERAL.—If the Secretary determines that a State fails to meet the expected levels of performance
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