Page:United States Statutes at Large Volume 94 Part 1.djvu/414

 94 STAT. 364

PUBLIC LAW 96-249—MAY 26, 1980 STATE INCENTIVES FOR REDUCING ERROR

7 USC 2025.

SEC. 125. Section 16(c) of the Food Stamp Act of 1977 is amended by— (1) striking out "Effective October 1, 1978, the" and inserting in lieu thereof The"; (2) inserting "(1) effective October 1, 1978," after "such share to"; (3) inserting "(A)" after "State agency whose"; (4) inserting "semiannual" before "cumulative"; (5) striking out "section is less" and inserting in lieu thereof "section are less"; (6) inserting before the period at the end thereof the following: "and (B) whose rate of invalid decisions in denying eligibility as calculated in the quality control program conducted under subsection (d)(1) of this section is less than a nationwide percentage that the Secretary determines to be reasonable; "(2) effective October 1, 1980, 65 per centum of all such administrative costs in the case of a State agency meeting the standards contained in paragraph (1) of this subsection; "(3) effective October 1, 1980, 60 per centum of all such administrative costs in the case of a State agency whose cumulative allotment error rate as determined under paragraph (1)(A) of this subsection is greater than 5 per centum but less than 8 per centum or the national standard payment error rate for the base period, whichever is lower, and which also meets the standard contained in paragraph (1)(B) of this subsection; and "(4) effective October 1, 1980, 55 per centum of all such administrative costs in the case of a State agency whose annual rate of error reduction is equal to or exceeds 25 per centum. No State agency shall receive more than one of the increased federally funded shares of administrative costs set forth in paragraphs (1) through (4) of this subsection". STATE LIABILTTY FOR ERRORS

Definitions.

SEC. 126. Section 16 of the Food Stamp Act of 1977 is amended by adding at the end thereof a new subsection (g) as follows: "(g)(1) The Secretary shall institute an error liability program under which each State agency shall, other than for good cause as determined by the Secretary, pay to the Secretary or have withheld by the Secretary as described in paragraph (4) of this subsection, the amount by which the dollar value equivalent of the State agency's payment error rate, as determined by the Secretary, for each sixmonth period, exceeds the dollar value equivalent of either— "(A) the State agency payment error rate for the base period less a national annual rate of error reduction, as determined by the Secretary, taking into account program circumstances and rates of error reduction in comparable Federal or federally assisted public assistance programs, or "(B) the national standard payment error rate for the base period, whichever is higher. "(2) As used in this subsection, (A) 'base period' means, for fiscal year 1981, the six months beginning October 1, 1979, and ending March 31, 1980 and, for each fiscal year thereafter, the six months beginning October 1 and ending March 30 of the prior fiscal year; (B) 'payment error rate' means the percentage of ail food stamp allot-

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