Page:United States Statutes at Large Volume 116 Part 1.djvu/345

 PUBLIC LAW 107-171—MAY 13, 2002 116 STAT. 319 agency, and the determination by the Secretary of the habihty amount is wholly upheld on administrative or judicial review, the Secretary shall— "(I) require all or any portion of the new investment amount to be used by the State agency for new investment, approved by the Secretary, to improve administration by the State agency of the food stamp program, which amount shall not be matched by Federal funds; and "(11) require payment of any remaining portion of the new investment amount in accordance with subparagraph (E)(ii). "(iv) EFFECT OF NEITHER PARTY'S WHOLLY PRE- VAILING ON APPEAL. —The Secretary shall promulgate Regulations, regulations regarding obligations of the Secretary and the State agency in a case in which the State agency appeals the liability amount of the State agency and neither the Secretary nor the State agency wholly prevails. "(G) CORRECTIVE ACTION PLANS.— The Secretary shall foster management improvements by the States by requiring State agencies, other than State agencies with payment error rates of less than 6 percent, to develop and implement corrective action plans to reduce payment errors."; (2) in paragraph (4), by striking "(4)" and all that follows through the end of the first sentence and inserting the following: " (4) REPORTING REQUIREMENTS.—The Secretary may require a State agency to report any factors that the Secretary considers necessary to determine a State agency's payment error rate, liability amount or new investment amount under paragraph (1), or performance under the performance measures under subsection (d)."; (3) in paragraph (5)— (A) by striking "(5)" and all that follows through the end of the second sentence and inserting the following: "(5) PROCEDURES.—To facilitate the implementation of this subsection, each State agency shall expeditiously submit to the Secretary data concerning the operations of the State agency in each fiscal year sufficient for the Secretary to establish the State agency's payment error rate, liability amount or new investment amount under paragraph (1), or performance under the performance measures under subsection (d)."; and (B) in the last sentence, by striking "paragraph (1)(C)" and inserting "paragraph (1)"; (4) in paragraph (6)— (A) by striking "(6) At" and inserting the following: " (6) NATIONAL PERFORMANCE MEASURE FOR PAYMENT ERROR RATES.— "(A) ANNOUNCEMENT.—At"; (B) in subparagraph (A) (as designated by subparagraph (A)), by striking "and incentive payments or claims pursuant to paragraphs (1)(A) and (1)(C)"; (C) in the first and third sentences, by striking "paragraph (5)" each place it appears and inserting "paragraph (8)";

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