42 U.S. Code § 9858i - Reports and audits
(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—
(v) the sources of family income, including—
(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
(vii) the type of child care in which the child was enrolled (such as family child care, home care, or center-based child 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
during the period for which such report is required to be submitted.
(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.
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.
Source(Pub. L. 97–35, title VI, § 658K, as added Pub. L. 101–508, title V, § 5082(2),Nov. 5, 1990, 104 Stat. 1388–243; 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, § 611,Aug. 22, 1996, 110 Stat. 2284; Pub. L. 105–33, title V, § 5602(2),Aug. 5, 1997, 111 Stat. 646; Pub. L. 110–234, title IV, § 4002(b)(1)(B), (2)(FF),May 22, 2008, 122 Stat. 1096, 1098; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(B), (2)(FF),June 18, 2008, 122 Stat. 1664, 1857, 1859.)
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 (§ 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 and Nutrition Act of 2008, referred to in subsec. (a)(1)(B)(v)(IV), is Pub. L. 88–525, Aug. 31, 1964, 78 Stat. 703, which is classified generally to chapter 51 (§ 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.
Pub. L. 110–234and Pub. L. 110–246made identical amendments to this section. The amendments by Pub. L. 110–234were repealed by section 4(a) ofPub. L. 110–246.
2008—Subsec. (a)(1)(B)(v)(IV). Pub. L. 110–246, § 4002(b)(1)(B), (2)(FF), substituted “Food and Nutrition Act of 2008” for “Food Stamp Act of 1977”.
1997—Subsec. (a)(1)(B)(iv). Pub. L. 105–33, § 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, § 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, § 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, § 5602(2)(A)(i)(III), substituted “month” for “week”.
Subsec. (a)(1)(D). Pub. L. 105–33, § 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, § 5602(2)(B), substituted “Annual” for “Biannual” in heading and “12” for “6” in introductory provisions of text.
1996—Pub. L. 104–193, § 611(1), substituted “Reports” for “Annual report” in section catchline.
Subsec. (a). Pub. L. 104–193, § 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, § 611(2)[(3)](A), substituted “an application approved” for “a application approved”.
Subsec. (b)(2). Pub. L. 104–193, § 611(2)[(3)](B), substituted “the State that receives” for “any agency administering activities that receive”.
Subsec. (b)(4). Pub. L. 104–193, § 611(2)[(3)](C), substituted “entitled under this subchapter” for “entitles under this subchapter”.
1992—Pub. L. 102–401and Pub. L. 102–586made identical technical corrections to directory language of Pub. L. 101–508, § 5082(2), which added this section.
Effective Date of 2008 Amendment
Amendment of this section and repeal of Pub. L. 110–234by Pub. L. 110–246effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 ofPub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.
Amendment by section 4002(b)(1)(B), (2)(FF) ofPub. L. 110–246effective Oct. 1, 2008, see section 4407 ofPub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress.
Effective Date of 1997 Amendment
Amendment by Pub. L. 105–33effective 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 ofPub. L. 105–33, set out as a note under section 618 of this title.
Effective Date of 1996 Amendment