PUBLIC LAW 105-220—AUG. 7, 1998 112 STAT. 1157 the Commissioner shall provide technical assist£ince to the State, and the State and the Commissioner shall jointly develop a program improvement plan outlining the specific actions to be taken by the State to improve program performance. "(B) REVIEW.— The Commissioner shall— "(i) review the program improvement efforts of the State on a biannual basis and, if necessary, request the State to make further revisions to the plan to improve performance; and "(ii) continue to conduct such reviews and request such revisions until the State sustains satisfactory performance over a period of more than 1 year. "(c) WITHHOLDING.—I f the Commissioner determines that a State whose performance falls below the established standards has failed to enter into a program improvement plan, or is not complying substantially with the terms and conditions of such a program improvement plan, the Commissioner shall, consistent with subsections (c) and (d) of section 107, reduce or make no further pa3anents to the State under this program, until the State has entered into an approved program improvement plan, or satisfies the Commissioner that the State is complying substantially with the terms and conditions of such a program improvement plan, as appropriate. "(d) REPORT TO CONGRESS.— Beginning in fiscal year 1999, the Effective date. Commissioner shall include in each Einnual report to the Congress under section 13 an analysis of program performance, including relative State performance, based on the standards and indicators. "SEC. 107. MONITORING AND REVIEW. 29 USC 727. "(a) IN GENERAL.— "(1) DUTIES. —In carrying out the duties of the Commissioner under this title, the Commissioner shall— "(A) provide for the annual review and periodic onsite monitoring of programs under this title; and "(B) determine whether, in the administration of the State plan, a State is complying substantially with the provisions of such plan and with evaluation standards and performance indicators established under section 106. (2) PROCEDURES FOR REVIEWS.—In conducting reviews under this section the Commissioner shall consider, at a minimum— "(A) State policies and procedures; "(B) guidance materials; "(C) decisions resulting from hearings conducted in accordance with due process; "(D) State goals established under section 101(a)(15) and the extent to which the State has achieved such goals; "(E) plans and reports prepared under section 106(b); "(F) consumer satisfaction reviews and analyses described in section 105(c)(4); "(G) information provided by the State Rehabilitation Council established under section 105, if the State has such a Council, or by the commission described in section 101(a)(21)(A)(i), if the State has such a commission; "(H) reports; and "(I) budget and financial management data.
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