42 USC 9858g - Administration and enforcement

U.S Code last checked for updates: Feb 22, 2025

§ 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;

(3)

provide technical assistance, such as business technical assistance, as described in section 9858c(c)(2)(V) of this title, to States (which may include providing assistance on a reimbursable basis) which shall be provided by qualified experts on practices grounded in scientifically valid research, where appropriate, to carry out this subchapter;

(4)

disseminate, for voluntary informational purposes, information on practices that scientifically valid research indicates are most successful in improving the quality of programs that receive assistance with this subchapter; and

(5)

after consultation with the heads of any other Federal agencies involved, issue guidance and disseminate information on best practices regarding the use of funding combined by States as described in section 9858c(c)(2)(O)(ii) of this title, consistent with laws other than this subchapter.

(b)

Enforcement

(1)

Review of compliance with State plan

(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

(C)

Notice

(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.

(c)

Request for relief

(1)

In general

The Secretary may waive for a period of not more than three years any provision under this subchapter or sanctions imposed upon a State in accordance with subsection (b)(2) upon the State’s request for such a waiver if the Secretary finds that—

(A)

the request describes one or more conflicting or duplicative requirements preventing the effective delivery of child care services to justify a waiver, extraordinary circumstances, such as natural disaster or financial crisis, or an extended period of time for a State legislature to enact legislation to implement the provisions of this subchapter;

(B)

such circumstances included in the request prevent the State from complying with any statutory or regulatory requirements of this subchapter;

(C)

the waiver will, by itself, contribute to or enhance the State’s ability to carry out the purposes of this subchapter; and,1

 So in original. The comma probably should not appear.

(D)

the waiver will not contribute to inconsistency with the objectives of this law.

(2)

Contents

Such request shall be provided to the Secretary in writing and will—

(A)

detail each sanction or provision within this subchapter that the State seeks relief from;

(B)

describe how a waiver from that sanction or provision of this subchapter will, by itself, improve delivery of child care services for children in the State; and

(C)

certify that the health, safety, and well-being of children served through assistance received under this subchapter will not be compromised as a result of the waiver.

(3)

Approval

(4)

External conditions

(5)

Duration

(6)

Termination

(7)

Renewal

(8)

Restrictions

(Pub. L. 97–35, title VI, § 658I, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–242; amended Pub. L. 102–401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102–586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036; Pub. L. 104–193, title VI, § 609, Aug. 22, 1996, 110 Stat. 2284; Pub. L. 113–186, § 8(a), (b), Nov. 19, 2014, 128 Stat. 1994, 1995.)

cite as: 42 USC 9858g