
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: 42USC9858i]

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


(a) Reports

               (1) Collection of information by States

        (A) In general

            A State that receives funds to carry out this subchapter 
        shall collect the information described in subparagraph (B) on a 
        monthly basis.

        (B) Required information

            The information required under this subparagraph shall 
        include, with respect to a family unit receiving assistance 
        under this subchapter information concerning--
                (i) family income;
                (ii) county of residence;
                (iii) the gender, race, and age of children receiving 
            such assistance;
                (iv) whether the head of the family unit is a single 
            parent;
                (v) the sources of family income, including--
                    (I) employment, including self-employment;
                    (II) cash or other assistance under--
                        (aa) the temporary assistance for needy families 
                    program under part A of title IV of the Social 
                    Security Act (42 U.S.C. 601 et seq.); and
                        (bb) a State program for which State spending is 
                    counted toward the maintenance of effort requirement 
                    under section 409(a)(7) of the Social Security Act 
                    (42 U.S.C. 609(a)(7));

                    (III) housing assistance;
                    (IV) assistance under the Food Stamp Act of 1977 [7 
                U.S.C. 2011 et seq.]; and
                    (V) other assistance programs;

                (vi) the number of months the family has received 
            benefits;
                (vii) the type of child care in which the child was 
            enrolled (such as family child care, home care, or center-
            based child care);
                (viii) whether the child care provider involved was a 
            relative;
                (ix) the cost of child care for such families; and
                (x) the average hours per month of such care;

        during the period for which such information is required to be 
        submitted.

        (C) Submission to Secretary

            A State described in subparagraph (A) shall, on a quarterly 
        basis, submit the information required to be collected under 
        subparagraph (B) to the Secretary.

        (D) Use of samples

            (i) Authority

                A State may comply with the requirement to collect the 
            information described in subparagraph (B) through the use of 
            disaggregated case record information on a sample of 
            families selected through the use of scientifically 
            acceptable sampling methods approved by the Secretary.
            (ii) Sampling and other methods

                The Secretary shall provide the States with such case 
            sampling plans and data collection procedures as the 
            Secretary deems necessary to produce statistically valid 
            samples of the information described in subparagraph (B). 
            The Secretary may develop and implement procedures for 
            verifying the quality of data submitted by the States.

                         (2) Annual reports

        Not later than December 31, 1997, and every 12 months 
    thereafter, a State described in paragraph (1)(A) shall prepare and 
    submit to the Secretary a report that includes aggregate data 
    concerning--
            (A) the number of child care providers that received funding 
        under this subchapter as separately identified based on the 
        types of providers listed in section 9858n(5) of this title;
            (B) the monthly cost of child care services, and the portion 
        of such cost that is paid for with assistance provided under 
        this subchapter, listed by the type of child care services 
        provided;
            (C) the number of payments made by the State through 
        vouchers, contracts, cash, and disregards under public benefit 
        programs, listed by the type of child care services provided;
            (D) the manner in which consumer education information was 
        provided to parents and the number of parents to whom such 
        information was provided; and
            (E) the total number (without duplication) of children and 
        families served under this subchapter;

    during the period for which such report is required to be submitted.

(b) Audits

                           (1) Requirement

        A State shall, after the close of each program period covered by 
    an application approved under section 9858c(d) of this title audit 
    its expenditures during such program period from amounts received 
    under this subchapter.

                       (2) Independent auditor

        Audits under this subsection shall be conducted by an entity 
    that is independent of the State that receives assistance under this 
    subchapter and be in accordance with generally accepted auditing 
    principles.

                           (3) Submission

        Not later than 30 days after the completion of an audit under 
    this subsection, the State shall submit a copy of the audit to the 
    legislature of the State and to the Secretary.

                      (4) Repayment of amounts

        Each State shall repay to the United States any amounts 
    determined through an audit under this subsection not to have been 
    expended in accordance with this subchapter, or the Secretary may 
    offset such amounts against any other amount to which the State is 
    or may be entitled under this subchapter.

(Pub. L. 97-35, title VI, Sec. 658K, as added Pub. L. 101-508, title V, 
Sec. 5082(2), Nov. 5, 1990, 104 Stat. 1388-243; 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. 611, Aug. 
22, 1996, 110 Stat. 2284; Pub. L. 105-33, title V, Sec. 5602(2), Aug. 5, 
1997, 111 Stat. 646.)

                       References in Text

    The Social Security Act, referred to in subsec. 
(a)(1)(B)(v)(II)(aa), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as 
amended. Part A of title IV of the Act is classified generally to part A 
(Sec. 601 et seq.) of subchapter IV of chapter 7 of this title. For 
complete classification of this Act to the Code, see section 1305 of 
this title and Tables.
    The Food Stamp Act of 1977, referred to in subsec. (a)(1)(B)(v)(IV), 
is Pub. L. 88-525, Aug. 31, 1964, 78 Stat. 703, as amended, which is 
classified generally to chapter 51 (Sec. 2011 et seq.) of Title 7, 
Agriculture. For complete classification of this Act to the Code, see 
Short Title note set out under section 2011 of Title 7 and Tables.


                               Amendments

    1997--Subsec. (a)(1)(B)(iv). Pub. L. 105-33, Sec. 5602(2)(A)(i)(I), 
added cl. (iv) and struck out former cl. (iv) which read as follows: 
``whether the family includes only one parent;''.
    Subsec. (a)(1)(B)(v). Pub. L. 105-33, Sec. 5602(2)(A)(i)(II)(aa), 
substituted ``including--'' for ``including the amount obtained from 
(and separately identified)--'' in introductory provisions.
    Subsec. (a)(1)(B)(v)(II). Pub. L. 105-33, 
Sec. 5602(2)(A)(i)(II)(bb), added subcl. (II) and struck out former 
subcl. (II) which read as follows: ``cash or other assistance under part 
A of title IV of the Social Security Act;''.
    Subsec. (a)(1)(B)(x). Pub. L. 105-33, Sec. 5602(2)(A)(i)(III), 
substituted ``month'' for ``week''.
    Subsec. (a)(1)(D). Pub. L. 105-33, Sec. 5602(2)(A)(ii), added 
subpar. (D) and struck out heading and text of former subpar. (D). Text 
read as follows: ``The Secretary may disapprove the information 
collected by a State under this paragraph if the State uses sampling 
methods to collect such information.''
    Subsec. (a)(2). Pub. L. 105-33, Sec. 5602(2)(B), substituted 
``Annual'' for ``Biannual'' in heading and ``12'' for ``6'' in 
introductory provisions of text.
    1996--Pub. L. 104-193, Sec. 611(1), substituted ``Reports'' for 
``Annual report'' in section catchline.
    Subsec. (a). Pub. L. 104-193, Sec. 611(2), amended heading and text 
of subsec. (a) generally. Prior to amendment, text related to 
requirement of reports by Dec. 31, 1992, and annually thereafter, which 
include specification of expenditures under section 9858c(c)(3) of this 
title, data on fulfillment of child care needs, description of 
improvements in affordability and availability, description of review of 
State licensing and regulatory requirements and policies and results of 
review, explanation of any reductions in child care standards, and 
description of standards and health and safety requirements applicable 
to providers.
    Subsec. (b)(1). Pub. L. 104-193, Sec. 611(2)[(3)](A), substituted 
``an application approved'' for ``a application approved''.
    Subsec. (b)(2). Pub. L. 104-193, Sec. 611(2)[(3)](B), substituted 
``the State that receives'' for ``any agency administering activities 
that receive''.
    Subsec. (b)(4). Pub. L. 104-193, Sec. 611(2)[(3)](C), substituted 
``entitled under this subchapter'' for ``entitles under this 
subchapter''.
    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 1997 Amendment

    Amendment by Pub. L. 105-33 effective as if included in the 
enactment of title VI of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see section 
5603 of Pub. L. 105-33, set out as a note under section 618 of this 
title.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in section 9858j of this title.
