116 STAT. 320 PUBLIC LAW 107-171—MAY 13, 2002 (D) by striking "Where a State" and inserting the following: "(B) USE OF ALTERNATIVE MEASURE OF STATE ERROR. — Where a State"; (E) by striking "The announced" and inserting the following: " (C) USE OF NATIONAL PERFORMANCE MEASURE.—The announced"; (F) in subparagraph (C) (as designated by subparagraph (E)), by striking "the State share of the cost of payment error under paragraph (1)(C)" and inserting "the liability amount of a State under paragraph (1)(C)"; and (G) by adding at the end the following: "(D) No ADMINISTRATIVE OR JUDICIAL REVIEW. —The national performance measure announced under this paragraph shall not be subject to administrative or judicial review."; (5) in paragraph (7)— (A) by striking "(7) If the Secretary asserts a financial claim against" and inserting the following: "(7) ADMINISTRATIVE AND JUDICIAL REVIEW.— "(A) IN GENERAL.— Except as provided in subparagraphs (B) and (C), if the Secretary asserts a financial claim against or establishes a liability amount with respect to"; (B) in subparagraph (A) (as designated by subparagraph (A)), by striking "paragraph (1)(C)" and inserting "paragraph (1)"; and (C) by adding at the end the following: "(B) DETERMINATION OF PAYMENT ERROR RATE. —With respect to any fiscal year, a determination of the payment error rate of a State agency or a determination whether the payment error rate exceeds 105 percent of the national performance measure for payment error rates shall be subject to administrative or judicial review only if the Secretary establishes a liability amount with respect to the fiscal year under paragraph (1)(C). " (C) AUTHORITY OF SECRETARY WITH RESPECT TO LIABILITY AMOUNT.— An action by the Secretary under subparagraph (D) or (F)(iii) of paragraph (1) shall not be subject to administrative or judicial review."; and (6) in paragraph (8)— (A) in subparagraph (A), by striking "paragraph (1)(C)" and inserting "paragraph (1)"; (B) in subparagraph (C)— (i) in clause (i), by striking "payment claimed against State agencies; and" and inserting "payment claimed against State agencies or liability amount established with respect to State agencies;"; (ii) in clause (ii), by striking "claims." and inserting "claims or liability amounts; and"; and (iii) by adding at the end the following: "(iii) provide a copy of the document providing notification under clause (ii) to the chief executive officer and the legislature of the State."; and (C) in subparagraphs (D) and (H), by inserting "or liability amount" after "claim" each place it appears.
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