42 U.S.C. § 9858h — Payments

Page 7929 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9858h longer than one year. A State seeking to renew their waiver approval must inform the Secretary of this intent no later than 30 days prior to the expiration date of the waiver. The State shall re-certify in its extension request the provisions in paragraph (2) of this sub- chapter, and shall also explain the need for ad- ditional time of relief from such sanction(s) or provisions approved under this law as provided in this subchapter. (8) Restrictions Nothing in this subchapter shall be con- strued as providing the Secretary the author- ity to permit States to alter the eligibility re- quirements for eligible children, including work requirements, job training, or edu- cational program participation, that apply to the parents of eligible children under this sub- chapter. Nothing in this subsection shall be construed to allow the Secretary to waive anything related to his or her authority under this subchapter. (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.) Editorial Notes AMENDMENTS 2014—Subsec. (a)(2). Pub. L. 113–186, § 8(a)(1), inserted a comma after ‘‘publish’’ and struck out ‘‘and’’ at end. Subsec. (a)(3). Pub. L. 113–186, § 8(a)(2), added par. (3) and struck out former par. (3) which read as follows: ‘‘provide technical assistance to assist States to carry out this subchapter, including assistance on a reim- bursable basis.’’ Subsec. (a)(4), (5). Pub. L. 113–186, § 8(a)(3), added pars. (4) and (5). Subsec. (c). Pub. L. 113–186, § 8(b), added subsec. (c). 1996—Subsec. (b)(1). Pub. L. 104–193, § 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, § 609(2), in closing provisions, substituted before period at end ‘‘finding and shall require that the State reimburse the Sec- retary for any funds that were improperly expended for purposes prohibited or not authorized by this sub- chapter, that the Secretary deduct from the adminis- trative 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 pro- gram or activity, that no further payments to the State will be made with respect to such program or ac- tivity) until the Secretary is satisfied that there is no longer any such failure to comply or that the non- compliance will be promptly corrected’’. 1992—Pub. L. 102–401 and Pub. L. 102–586 made iden- tical technical corrections to directory language of Pub. L. 101–508, § 5082(2), which added this section. Statutory Notes and Related Subsidiaries 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. § 9858h. Payments (a) In general Subject to the availability of appropriations, a State that has an application approved by the Secretary under section 9858c(d) of this title shall be entitled to a payment under this section for each fiscal year in an amount equal to its al- lotment under section 9858m of this title for such fiscal year. (b) Method of payment (1) In general Subject to paragraph (2), the Secretary may make payments to a State in installments, and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments, as the Sec- retary may determine. (2) Limitation The Secretary may not make such payments in a manner that prevents the State from complying with the requirement specified in section 9858c(c)(3) of this title. (c) Spending of funds by State Payments to a State from the allotment under section 9858m of this title for any fiscal year may be obligated by the State in that fiscal year or in the succeeding fiscal year. (Pub. L. 97–35, title VI, § 658J, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–243; amended Pub. L. 102–27, title III, § 310, Apr. 10, 1991, 105 Stat. 153; Pub. L. 102–401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102–586, § 8(a), (c)(1), Nov. 4, 1992, 106 Stat. 5035, 5036; Pub. L. 103–171, § 8, Dec. 2, 1993, 107 Stat. 1994; Pub. L. 104–193, title VI, § 610, Aug. 22, 1996, 110 Stat. 2284.) Editorial Notes AMENDMENTS 1996—Subsec. (c). Pub. L. 104–193 substituted ‘‘obli- gated’’ for ‘‘expended’’ and ‘‘succeeding fiscal year’’ for ‘‘succeeding 3 fiscal years’’. 1993—Subsec. (c). Pub. L. 103–171 made technical cor- rection to directory language of Pub. L. 102–586, § 8(a). See 1992 Amendment note below. 1992—Pub. L. 102–401 and Pub. L. 102–586, § 8(c)(1), made identical technical corrections to directory lan- guage of Pub. L. 101–508, § 5082(2), which added this sec- tion. Subsec. (c). Pub. L. 102–586, § 8(a), as amended by Pub. L. 103–171, substituted ‘‘expended’’ for ‘‘obligated’’ and ‘‘succeeding 3 fiscal years’’ for ‘‘succeeding fiscal year’’. 1991—Subsec. (c). Pub. L. 102–27 substituted ‘‘obli- gated’’ for ‘‘expended’’. Statutory Notes and Related Subsidiaries 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. EFFECTIVE DATE OF 1992 AMENDMENT Pub. L. 102–586, § 8(d), Nov. 4, 1992, 106 Stat. 5036, pro- vided that: ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the amendments made by this section [enacting section 9858q of this title and amending this section and sec- Page 7930 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9858i 1 So in original. Probably should be followed by a comma. 2 So in original. 3 So in original. The period probably should be a semicolon. tion 9858n of this title] shall take effect on the date of enactment of this Act [Nov. 4, 1992]. ‘‘(2) APPLICATION.—The amendments made by this section shall not apply with respect to fiscal years be- ginning before October 1, 1992.’’ § 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 sub- paragraph shall include, with respect to a family unit receiving assistance under this subchapter 1 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, includ- ing— (I) employment, including self-employ- ment; (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 main- tenance 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 and Nu- trition Act of 2008 [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 in- volved was a relative; (ix) the cost of child care for such fami- lies; (x) the average hours per month of such care; and (xi) whether the children receiving as- sistance under this subchapter are home- less children; during the period for which such informa- tion is required to be submitted. (C) Submission to Secretary A State described in subparagraph (A) shall, on a quarterly basis, submit the infor- mation required to be collected under sub- paragraph (B) to the Secretary. (D) Use of samples (i) Authority A State may comply with the require- ment 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. (E) Prohibition Reports submitted to the Secretary under subparagraph (C) shall not contain person- ally identifiable information. (2) Annual reports Not later than 1 year after November 19, 2014, and annually thereafter,,2 a State de- scribed 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(6) 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 sub- chapter, listed by the type of child care serv- ices 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 pro- vided; (D) the manner in which consumer edu- cation information was provided to parents and the number of parents to whom such in- formation was provided; and (E) the total number (without duplication) of children and families served under this subchapter; and (F) the number of child fatalities occur- ring among children while in the care and facility of child care providers receiving as- sistance under this subchapter, listed by type of child care provider and indicating whether the providers (excluding child care providers described in section 9858n(6)(B) of this title) are licensed or license-exempt.3 during the period for which such report is re- quired to be submitted. (b) Audits (1) Requirement A State shall, after the close of each pro- gram period covered by an application ap-