---
kind: "section"
citation: "42 U.S.C. § 1320a–2a"
title: "42"
title_heading: "The Public Health and Welfare"
number: "1320a–2a"
heading: "Reviews of child and family services programs, and of foster care and adoption assistance programs, for conformity with State plan requirements"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/1320a-2a"
units:
  - "Chapter 7 — Social Security"
  - "Subchapter XI — General Provisions, Peer Review, and Administrative Simplification"
  - "Part A — General Provisions"
---

# §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](/usc/42/1301.md?p=a-6), in consultation with the [State agencies](/usc/42/629a.md?p=a-3) administering the [State](/usc/42/619.md?p=5) programs under parts B and E of subchapter IV, shall promulgate regulations for the review of such programs to determine whether such programs are in substantial conformity with—
  - (1) [State](/usc/42/619.md?p=5) plan requirements under such parts B and E,
  - (2) implementing regulations promulgated by the [Secretary](/usc/42/1301.md?p=a-6), and
  - (3) the relevant approved [State](/usc/42/619.md?p=5) plans.
- (b) **Elements of review system—** The regulations referred to in [subsection (a)](#a) shall—
  - (1) specify the timetable for conformity reviews of [State](/usc/42/619.md?p=5) programs, [including](/usc/42/1301.md?p=b)—
    - (A) an initial review of each [State](/usc/42/619.md?p=5) program;
    - (B) a timely review of a [State](/usc/42/619.md?p=5) program following a review in which such program was found not to be in substantial conformity; and
    - (C) less frequent reviews of [State](/usc/42/619.md?p=5) programs which have been found to be in substantial conformity, but such regulations shall permit the [Secretary](/usc/42/1301.md?p=a-6) to reinstate more frequent reviews based on information which indicates that a [State](/usc/42/619.md?p=5) program may not be in conformity;
  - (2) specify the requirements subject to review (which shall include determining whether the [State](/usc/42/619.md?p=5) program is in conformity with the requirement of [section 671(a)(27) of this title](/usc/42/671.md?p=a-27)), 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)](#b-4)) due to the [State](/usc/42/619.md?p=5) 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](/usc/42/619.md?p=5)’s reliance upon and correct use of formal written statements of Federal law or policy provided to the [State](/usc/42/619.md?p=5) by the [Secretary](/usc/42/1301.md?p=a-6); and
    - (C) the amount of such funds withheld is related to the extent of the failure to so conform; and
  - (4) require the [Secretary](/usc/42/1301.md?p=a-6), with respect to any [State](/usc/42/619.md?p=5) program found to have failed substantially to so conform—
    - (A) to afford the [State](/usc/42/619.md?p=5) an opportunity to adopt and implement a corrective action plan, approved by the [Secretary](/usc/42/1301.md?p=a-6), designed to end the failure to so conform;
    - (B) to make technical assistance available to the [State](/usc/42/619.md?p=5) to the extent feasible to enable the [State](/usc/42/619.md?p=5) 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)](#a) shall—
  - (1) require the [Secretary](/usc/42/1301.md?p=a-6), not later than 10 days after a final determination that a program of the [State](/usc/42/619.md?p=5) is not in conformity, to notify the [State](/usc/42/619.md?p=5) of—
    - (A) the basis for the determination; and
    - (B) the amount of the Federal matching funds (if any) to be withheld from the [State](/usc/42/619.md?p=5);
  - (2) afford the [State](/usc/42/619.md?p=5) an opportunity to appeal the determination to the Departmental Appeals Board within 60 days after receipt of the notice described in [paragraph (1)](#c-1) (or, if later, after failure to continue or to complete a corrective action plan); and
  - (3) afford the [State](/usc/42/619.md?p=5) an opportunity to obtain judicial review of an adverse decision of the Board, within 60 days after the [State](/usc/42/619.md?p=5) receives notice of the decision of the Board, by appeal to the district court of the [United States](/usc/42/1301.md?p=a-2) for the judicial district in which the principal or headquarters office of the [agency](/usc/42/1397n–12.md?p=1) responsible for administering the program is located.

## Source credit

(Aug. 14, 1935, ch. 531, title XI, § 1123A, formerly § 1123, as added Pub. L. 103–432, title II, § 203(a), Oct. 31, 1994, 108 Stat. 4454; renumbered § 1123A, Pub. L. 104–193, title V, § 504, Aug. 22, 1996, 110 Stat. 2278; amended Pub. L. 109–432, div. B, title IV, § 405(c)(1)(B)(ii), Dec. 20, 2006, 120 Stat. 2999.)

## Notes

### Editorial Notes

### Codification

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

### Amendments

2006—Subsec. (b)(2). Pub. L. 109–432 inserted “(which shall include determining whether the State program is in conformity with the requirement of section 671(a)(27) of this title)” after “review”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2006 Amendment

Amendment by Pub. L. 109–432 effective on the date that is 6 months after Dec. 20, 2006, see section 405(c)(1)(B)(iii) of Pub. L. 109–432, set out as a note under section 671 of this title.

### Effective Date

Pub. L. 103–432, title II, § 203(c)(1), Oct. 31, 1994, 108 Stat. 4456, 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

Pub. L. 103–432, title II, § 203(c)(3), Oct. 31, 1994, 108 Stat. 4456, required the regulations referred to in subsec. (a) of this section to be promulgated no later than July 1, 1995, to take effect on Apr. 1, 1996.