118 STAT. 2733 PUBLIC LAW 108–446—DEC. 3, 2004 ‘‘(1) DEEMED APPROVAL.—The Secretary shall review (including the specific provisions described in subsection (b)) each performance plan submitted by a State pursuant to sub section (b)(1)(B) and the plan shall be deemed to be approved by the Secretary unless the Secretary makes a written deter mination, prior to the expiration of the 120 day period begin ning on the date on which the Secretary received the plan, that the plan does not meet the requirements of this section, including the specific provisions described in subsection (b). ‘‘(2) DISAPPROVAL.—The Secretary shall not finally dis approve a performance plan, except after giving the State notice and an opportunity for a hearing. ‘‘(3) NOTIFICATION.—If the Secretary finds that the plan does not meet the requirements, in whole or in part, of this section, the Secretary shall— ‘‘(A) give the State notice and an opportunity for a hearing; and ‘‘(B) notify the State of the finding, and in such notifica tion shall— ‘‘(i) cite the specific provisions in the plan that do not meet the requirements; and ‘‘(ii) request additional information, only as to the provisions not meeting the requirements, needed for the plan to meet the requirements of this section. ‘‘(4) RESPONSE.—If the State responds to the Secretary’s notification described in paragraph (3)(B) during the 30 day period beginning on the date on which the State received the notification, and resubmits the plan with the requested informa tion described in paragraph (3)(B)(ii), the Secretary shall approve or disapprove such plan prior to the later of— ‘‘(A) the expiration of the 30 day period beginning on the date on which the plan is resubmitted; or ‘‘(B) the expiration of the 120 day period described in paragraph (1). ‘‘(5) FAILURE TO RESPOND.—If the State does not respond to the Secretary’s notification described in paragraph (3)(B) during the 30 day period beginning on the date on which the State received the notification, such plan shall be deemed to be disapproved. ‘‘(d) SECRETARY’S REVIEW AND DETERMINATION.— ‘‘(1) REVIEW.—The Secretary shall annually review the State performance report submitted pursuant to subsection (b)(2)(C)(ii)(II) in accordance with this section. ‘‘(2) DETERMINATION.— ‘‘(A) IN GENERAL.—Based on the information provided by the State in the State performance report, information obtained through monitoring visits, and any other public information made available, the Secretary shall determine if the State— ‘‘(i) meets the requirements and purposes of this part; ‘‘(ii) needs assistance in implementing the require ments of this part; ‘‘(iii) needs intervention in implementing the requirements of this part; or ‘‘(iv) needs substantial intervention in imple menting the requirements of this part. Deadlines. Deadline.
�
