Page:United States Statutes at Large Volume 102 Part 2.djvu/670

 102 STAT. 1674

PUBLIC LAW 100-435—SEPT. 19, 1988

The results of such studies and reports shall be considered in developing or updating the performance standards required under section 6.

TITLE VI—IMPROVING PAYMENT ACCURACY SEC. 601. REVIEW OF STATE PROGRAM INVESTMENT WHEN SETTLING CLAIMS.

Section 13(a)(l) of the Food Stamp Act of 1977 (7 U.S.C. 2022(a)(l)) is amended by inserting at the end thereof the following new sentence: "In determining whether to settle, adjust, compromise, or waive a claim arising against a State agency pursuant to section 16(c), the Secretary shall review a State agency's plans for new dollar investment in activities to improve program administration in order to reduce payment error, and shall take the State agency's plans for new dollar investment in such activities into consideration as the Secretary considers appropriate.". SEC. 602. INTEREST ON CLAIMS AGAINST STATE AGENCIES.

Section 13(a)(l) of the Food Stamp Act of 1977 (7 U.S.C. 2022(a)(l)), as amended by section 601, is further amended by adding at the end thereof the following new sentences: "To the extent that a State agency does not pay a claim established under section 16(c)(l)(C), inclutUng an agreement to have all or part of the claim paid through a reduction in Federal administrative ftinding, within 30 days from the date on which the bill for collection (after a determination on any request for a waiver for good cause related to the claim has been made by the Secretary) is received by the State agency, the State agency shall be liable for interest on any unpaid portion of such claim accruing from the date on which the bill for collection was received by the State agency, unless the State agency appeals the claim under section 16(c)(7). If the State agency appeals such claim (in whole or in part), the interest on any unpaid portion of the claim shall accrue from the date of the decision on the administrative appeal, or from a date that is 2 years after the date the bill is received, whichever is earlier, until the date the unpaid portion of the payment is received. If the State agency pays such claim (in whole or in part, including an agreement to have all or part of the claim paid through a reduction in Federal administrative funding) and the claim is subsequently overturned through administrative or judicial appeal, any amounts paid by the State agency shall be promptly returned with interest, accruing from the date the payment is received until the date the payment is returned. Any interest assessed under this paragraph shall be computed at a rate determined by the Secretary based on the average of the bond equivalent of the weekly 90-day Treasury bill auction rates during the period such interest accrues.". Claims.

SEC. 603. ADMINISTRATIVE AND JUDICIAL REVIEW.

Records.

Section 14(a) of the Food Stamp Act of 1977 (7 U.S.C. 2023(a)) is amended— (1) by inserting immediately after the fifth sentence the following new sentences: "Determinations regarding claims made pursuant to section 16(c) shall be made on the record after

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