
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1320a-2a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
   SUBCHAPTER XI--GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE 
                             SIMPLIFICATION
 
                       Part A--General Provisions
 
Sec. 1320a-2a. Reviews of child and family services programs, 
        and of foster care and adoption assistance programs, for 
        conformity with State plan requirements
        

(a) In general

    The Secretary, in consultation with the State agencies administering 
the State programs under parts B and E of subchapter IV of this chapter, 
shall promulgate regulations for the review of such programs to 
determine whether such programs are in substantial conformity with--
        (1) State plan requirements under such parts B and E,
        (2) implementing regulations promulgated by the Secretary, and
        (3) the relevant approved State plans.

(b) Elements of review system

    The regulations referred to in subsection (a) of this section 
shall--
        (1) specify the timetable for conformity reviews of State 
    programs, including--
            (A) an initial review of each State program;
            (B) a timely review of a State program following a review in 
        which such program was found not to be in substantial 
        conformity; and
            (C) less frequent reviews of State programs which have been 
        found to be in substantial conformity, but such regulations 
        shall permit the Secretary to reinstate more frequent reviews 
        based on information which indicates that a State program may 
        not be in conformity;

        (2) specify the requirements subject to review, and the criteria 
    to be used to measure conformity with such requirements and to 
    determine whether there is a substantial failure to so conform;
        (3) specify the method to be used to determine the amount of any 
    Federal matching funds to be withheld (subject to paragraph (4)) due 
    to the State program's failure to so conform, which ensures that--
            (A) such funds will not be withheld with respect to a 
        program, unless it is determined that the program fails 
        substantially to so conform;
            (B) such funds will not be withheld for a failure to so 
        conform resulting from the State's reliance upon and correct use 
        of formal written statements of Federal law or policy provided 
        to the State by the Secretary; and
            (C) the amount of such funds withheld is related to the 
        extent of the failure to so conform; and

        (4) require the Secretary, with respect to any State program 
    found to have failed substantially to so conform--
            (A) to afford the State an opportunity to adopt and 
        implement a corrective action plan, approved by the Secretary, 
        designed to end the failure to so conform;
            (B) to make technical assistance available to the State to 
        the extent feasible to enable the State to develop and implement 
        such a corrective action plan;
            (C) to suspend the withholding of any Federal matching funds 
        under this section while such a corrective action plan is in 
        effect; and
            (D) to rescind any such withholding if the failure to so 
        conform is ended by successful completion of such a corrective 
        action plan.

(c) Provisions for administrative and judicial review

    The regulations referred to in subsection (a) of this section 
shall--
        (1) require the Secretary, not later than 10 days after a final 
    determination that a program of the State is not in conformity, to 
    notify the State of--
            (A) the basis for the determination; and
            (B) the amount of the Federal matching funds (if any) to be 
        withheld from the State;

        (2) afford the State an opportunity to appeal the determination 
    to the Departmental Appeals Board within 60 days after receipt of 
    the notice described in paragraph (1) (or, if later, after failure 
    to continue or to complete a corrective action plan); and
        (3) afford the State an opportunity to obtain judicial review of 
    an adverse decision of the Board, within 60 days after the State 
    receives notice of the decision of the Board, by appeal to the 
    district court of the United States for the judicial district in 
    which the principal or headquarters office of the agency responsible 
    for administering the program is located.

(Aug. 14, 1935, ch. 531, title XI, Sec. 1123A, formerly Sec. 1123, as 
added Pub. L. 103-432, title II, Sec. 203(a), Oct. 31, 1994, 108 Stat. 
4454; renumbered Sec. 1123A, Pub. L. 104-193, title V, Sec. 504, Aug. 
22, 1996, 110 Stat. 2278.)

                       References in Text

    Parts B and E of subchapter IV of this chapter, referred to in 
subsec. (a), are classified to sections 620 et seq. and 670 et seq., 
respectively, of this title.

                          Codification

    Section was formerly classified to section 1320a-1a of this title 
prior to renumbering by Pub. L. 104-193.


                             Effective Date

    Section 203(c)(1) of Pub. L. 103-432 provided that: ``The amendment 
made by subsection (a) [enacting this section] shall take effect on the 
date of the enactment of this Act [Oct. 31, 1994].''


                               Regulations

    Section 203(c)(3) of Pub. L. 103-432 provided that: ``The Secretary 
shall promulgate the regulations referred to in section 1123(a) [now 
1123A(a)] of the Social Security Act [subsec. (a) of this section] (as 
added by this section) not later than July 1, 1995, to take effect on 
April 1, 1996.''

                  Section Referred to in Other Sections

    This section is referred to in section 674 of this title.
