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U.S. Code as of:
01/19/04
Section 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.
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