Page:United States Statutes at Large Volume 116 Part 1.djvu/344

 116 STAT. 318 PUBLIC LAW 107-171—MAY 13, 2002 which the liability amount is determined under subparagraph (C). "(E) PAYMENT OF AT-RISK AMOUNT FOR CERTAIN STATES.— "(i) IN GENERAL. —^A State agency shall pay to the Secretary the at-risk amount designated under subparagraph (D)(i)(III) for any fiscal year in accordance with clause (ii), if, with respect to the immediately following fiscal year, a liability amount has been established for the State agency under subparagraph (C). "(ii) METHOD OF PAYMENT OF AT-RISK AMOUNT.— " (I) REMISSION TO THE SECRETARY. —In the case of a State agency required to pay an atrisk amount under clause (i), as soon as practicable after completion of all administrative and judicial reviews with respect to that requirement to pay, the chief executive officer of the State shall remit to the Secretary the at-risk amount required to be paid. " (II) ALTERNATIVE METHOD OF COLLECTION.— "(aa) IN GENERAL.— I f the chief executive officer of the State fails to make the payment under subclause (I) within a reasonable period of time determined by the Secretary, the Secretary may reduce any amount due to the State agency under any other provision of this section by the amount required to be paid under clause (i). "(bb) ACCRUAL OF INTEREST.—During any period of time determined by the Secretary under item (aa), interest on the payment under subclause (I) shall not accrue under section 13(a)(2). " (F) USE OF PORTION OF LIABILITY AMOUNT FOR NEW INVESTMENT.— "(i) REDUCTION OF OTHER AMOUNTS DUE TO STATE AGENCY.—In the case of a State agency that fails to comply with a requirement for new investment under subparagraph (D)(i)(II) or clause (iii)(I), the Secretary may reduce any amount due to the State agency under any other provision of this section by the portion of the liability amount that has not been used in accordance with that requirement. "(ii) EFFECT OF STATE AGENCY'S WHOLLY PRE- VAILING ON APPEAL.—I f a State agency begins required new investment under subparagraph (D)(i)(II), the State agency appeals the liability amount of the State agency, and the determination by the Secretary of the liability amount is reduced to $0 on administrative or judicial review, the Secretary shall pay to the State agency an amount equal to 50 percent of the new investment amount that was included in the liability amount subject to the appeal. "(iii) EFFECT OF SECRETARY'S WHOLLY PREVAILING ON APPEAL.—I f a State agency does not begin required new investment under subparagraph (D)(i)(II), the State agency appeals the liability amount of the State

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