§ 9858g. Administration and enforcement

Footnotes

1. 1 So in original. The comma probably should not appear.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1990

   Pub. L. 97–35 title VI § 658I · 95 Stat. 357

   Enacted · 42 U.S.C. § 9858g

   Pub. L. 97–35, title VI, § 658I, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–242

   Source evidence

   Code source credit
   Pub. L. 97–35, title VI, § 658I, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–242

2. 1992

   Head Start Improvement Act of 1992

   Pub. L. 102–401 § 3(a) · 106 Stat. 1956

   Added · 42 U.S.C. § 9858g

   Pub. L. 102–401 and Pub. L. 102–586 made identical technical corrections to directory language of Pub. L. 101–508, § 5082(2), which added this section

   Source evidence

   Code amendment note
   Pub. L. 102–401 and Pub. L. 102–586 made identical technical corrections to directory language of Pub. L. 101–508, § 5082(2), which added this section.

   Enacted provision · exact public law section
   (a) Placement of Act.— Section 5082 of the Omnibus Budget 42 USC 9858 et seq. Reconciliation Act of 1990 (Public Law 101–508; 104 Stat. 1388–236) is amended in the matter preceding paragraph (1) by striking “title IV” and inserting “title VI”.

3. 1996

   Child Care and Development Block Grant Amendments of 1996

   Pub. L. 104–193 § 609(1) · 110 Stat. 2105

   Struck · 42 U.S.C. § 9858g(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (1) in paragraph (1), by striking “, and shall have” and all that follows through “(2)”; and

   Effective date note
   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.

4. 1996

   Child Care and Development Block Grant Amendments of 1996

   Pub. L. 104–193 § 609(2) · 110 Stat. 2105

   Substituted · 42 U.S.C. § 9858g(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 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”

   Source evidence

   Code amendment note
   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 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”.

   Enacted provision · exact public law section
   (2) in the matter following clause (ii) of paragraph (2)(A), by striking “finding and that” and all that follows through the period and inserting “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.”.

   Effective date note
   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.

5. 2014

   Child Care and Development Block Grant Act of 2014

   Pub. L. 113–186 § 8(a)(1) · 128 Stat. 1971

   1. Inserted · 42 U.S.C. § 9858g(a)(2)

      Pub. L. 113–186, § 8(a)(1), inserted a comma after “publish”

   2. Struck · 42 U.S.C. § 9858g(a)(2)

      Pub. L. 113–186, § 8(a)(1), struck out “and” at end

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 113–186, § 8(a)(1), inserted a comma after “publish” and struck out “and” at end.

   Enacted provision · exact public law section
   (1) in paragraph (2)— (A) by inserting a comma after “publish”; and (B) by striking “and” at the end;

6. 2014

   Child Care and Development Block Grant Act of 2014

   Pub. L. 113–186 § 8(a)(2) · 128 Stat. 1971

   1. Added · 42 U.S.C. § 9858g(a)(3)

      Pub. L. 113–186, § 8(a)(2), added par. (3)

   2. Struck · 42 U.S.C. § 9858g(a)(3)

      Pub. L. 113–186, § 8(a)(2), struck out former par. (3) which read as follows: “provide technical assistance to assist States to carry out this subchapter, including assistance on a reimbursable basis.”

   Source evidence

   Code amendment note
   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 reimbursable basis.”

   Enacted provision · exact public law section
   (2) by striking paragraph (3) and inserting the following: “(3) provide technical assistance, such as business technical assistance, as described in section 658E(c)(2)(V), 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;” ; and

7. 2014

   Child Care and Development Block Grant Act of 2014

   Pub. L. 113–186 § 8(a)(3) · 128 Stat. 1971

   Added · 42 U.S.C. § 9858g(a)(4); 42 U.S.C. § 9858g(a)(5)

   Pub. L. 113–186, § 8(a)(3), added pars. (4) and (5)

   Source evidence

   Code amendment note
   Subsec. (a)(4), (5). Pub. L. 113–186, § 8(a)(3), added pars. (4) and (5).

   Enacted provision · exact public law section
   (3) by adding at the end the following: “(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 658E(c)(2)(O)(ii), consistent with laws other than this subchapter.” .

8. 2014

   Child Care and Development Block Grant Act of 2014

   Pub. L. 113–186 § 8(b) · 128 Stat. 1971

   Added · 42 U.S.C. § 9858g(c)

   Pub. L. 113–186, § 8(b), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 113–186, § 8(b), added subsec. (c).

   Enacted provision · exact public law section
   (b) Request For Relief.— Section 658I of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858g), as amended by subsection (a), is further amended by adding at the end of the following: “(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, “(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) Certification. 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.— Within 90 days after the receipt of a State’s request under this subsection, the Secretary shall inform the State of approval or disapproval of the request. If the plan is disapproved, the Secretary shall, at this time, inform the State, the Committee on Education and the Workforce of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate of the reasons for the disapproval and give the State the opportunity to amend the request. Reports. In the case of approval, the Secretary shall, within 30 days of granting such waiver, notify and submit a report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate on the circumstances of the waiver including each specific sanction or provision waived, the reason as given by the State of the need for a waiver, and the expected impact of the waiver on children served under this program. “(4) External conditions.— The Secretary shall not require or impose any new or additional requirements in exchange for receipt of a waiver if such requirements are not specified in this subchapter. “(5) Duration.— The Secretary may approve a request under this subsection for a period not to exceed three years, unless a renewal is granted under paragraph (7). “(6) Termination.— The Secretary shall terminate approval of a request for a waiver authorized under this subsection if the Secretary determines, after notice and opportunity for a hearing, that the performance of a State granted relief under this subsection has been inadequate, or if such relief is no longer necessary to achieve its original purposes. “(7) Renewal.— The Secretary may approve or disapprove a request from a State for renewal of an existing waiver under this subchapter for a period no longer than one year. Notification. Deadline. 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. Certification. The State shall re-certify in its extension request the provisions in paragraph (2) of this subchapter, and shall also explain the need for additional 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 construed as providing the Secretary the authority to permit States to alter the eligibility requirements for eligible children, including work requirements, job training, or educational program participation, that apply to the parents of eligible children under this subchapter. Nothing in this subsection shall be construed to allow the Secretary to waive anything related to his or her authority under this subchapter.” .

9 of 10 references resolved to an enrolled provision · 1 partial