
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC9858g]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 105--COMMUNITY SERVICES PROGRAMS
 
         SUBCHAPTER II-B--CHILD CARE AND DEVELOPMENT BLOCK GRANT
 
Sec. 9858g. Administration and enforcement


(a) Administration

    The Secretary shall--
        (1) coordinate all activities of the Department of Health and 
    Human Services relating to child care, and, to the maximum extent 
    practicable, coordinate such activities with similar activities of 
    other Federal entities;
        (2) collect, publish and make available to the public a listing 
    of State child care standards at least once every 3 years; and
        (3) provide technical assistance to assist States to carry out 
    this subchapter, including assistance on a reimbursable basis.

(b) Enforcement

              (1) Review of compliance with State plan

        The Secretary shall review and monitor State compliance with 
    this subchapter and the plan approved under section 9858c(c) of this 
    title for the State.

                          (2) Noncompliance

        (A) In general

            If the Secretary, after reasonable notice to a State and 
        opportunity for a hearing, finds that--
                (i) there has been a failure by the State to comply 
            substantially with any provision or requirement set forth in 
            the plan approved under section 9858c(c) of this title for 
            the State; or
                (ii) in the operation of any program for which 
            assistance is provided under this subchapter there is a 
            failure by the State to comply substantially with any 
            provision of this subchapter;

        the Secretary shall notify the State of the finding and shall 
        require that the State reimburse the Secretary for any funds 
        that were improperly expended for purposes prohibited or not 
        authorized by this subchapter, that the Secretary deduct from 
        the administrative portion of the State allotment for the 
        following fiscal year an amount that is less than or equal to 
        any improperly expended funds, or a combination of such options.

        (B) Additional sanctions

            In the case of a finding of noncompliance made pursuant to 
        subparagraph (A), the Secretary may, in addition to imposing the 
        sanctions described in such subparagraph, impose other 
        appropriate sanctions, including recoupment of money improperly 
        expended for purposes prohibited or not authorized by this 
        subchapter, and disqualification from the receipt of financial 
        assistance under this subchapter.

        (C) Notice

            The notice required under subparagraph (A) shall include a 
        specific identification of any additional sanction being imposed 
        under subparagraph (B).

                        (3) Issuance of rules

        The Secretary shall establish by rule procedures for--
            (A) receiving, processing, and determining the validity of 
        complaints concerning any failure of a State to comply with the 
        State plan or any requirement of this subchapter; and
            (B) imposing sanctions under this section.

(Pub. L. 97-35, title VI, Sec. 658I, as added Pub. L. 101-508, title V, 
Sec. 5082(2), Nov. 5, 1990, 104 Stat. 1388-242; amended Pub. L. 102-401, 
Sec. 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102-586, Sec. 8(c)(1), 
Nov. 4, 1992, 106 Stat. 5036; Pub. L. 104-193, title VI, Sec. 609, Aug. 
22, 1996, 110 Stat. 2284.)


                               Amendments

    1996--Subsec. (b)(1). Pub. L. 104-193, Sec. 609(1), struck out ``, 
and shall have the power to terminate payments to the State in 
accordance with paragraph (2)'' before period at end.
    Subsec. (b)(2)(A). Pub. L. 104-193, Sec. 609(2), in closing 
provisions, substituted before period at end ``finding and shall require 
that the State reimburse the Secretary for any funds that were 
improperly expended for purposes prohibited or not authorized by this 
subchapter, that the Secretary deduct from the administrative portion of 
the State allotment for the following fiscal year an amount that is less 
than or equal to any improperly expended funds, or a combination of such 
options'' for ``finding and that no further payments may be made to such 
State under this subchapter (or, in the case of noncompliance in the 
operation of a program or activity, that no further payments to the 
State will be made with respect to such program or activity) until the 
Secretary is satisfied that there is no longer any such failure to 
comply or that the noncompliance will be promptly corrected''.
    1992--Pub. L. 102-401 and Pub. L. 102-586 made identical technical 
corrections to directory language of Pub. L. 101-508, Sec. 5082(2), 
which added this section.


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-193 effective Oct. 1, 1996, see section 615 
of Pub. L. 104-193, set out as a note under section 9858 of this title.
