---
kind: "section"
citation: "42 U.S.C. § 9858g"
title: "42"
title_heading: "The Public Health and Welfare"
number: "9858g"
heading: "Administration and enforcement"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/9858g"
units:
  - "Chapter 105 — Community Services Programs"
  - "Subchapter II–B — Child Care and Development Block Grant"
---

# §9858g. Administration and enforcement

- (a) **Administration—** The [Secretary](/usc/42/9832.md?p=24) 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](/usc/42/9832.md?p=25) 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](/usc/42/9858c.md?p=c-2-V), to [States](/usc/42/9832.md?p=25) (which may include providing assistance on a reimbursable basis) which shall be provided by qualified experts on [practices](/usc/42/17061.md?p=19) grounded in [scientifically valid research](/usc/42/9832.md?p=23), where appropriate, to carry out this subchapter;
  - (4) disseminate, for voluntary informational purposes, information on [practices](/usc/42/17061.md?p=19) that [scientifically valid research](/usc/42/9832.md?p=23) 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](/usc/42/8262.md?p=1) involved, issue guidance and disseminate information on best [practices](/usc/42/17061.md?p=19) regarding the use of funding combined by [States](/usc/42/9832.md?p=25) as described in [section 9858c(c)(2)(O)(ii) of this title](/usc/42/9858c.md?p=c-2-O-ii), consistent with laws other than this subchapter.
- (b) **Enforcement—**
  - (1) **Review of compliance with State plan—** The [Secretary](/usc/42/9832.md?p=24) shall review and monitor [State](/usc/42/9832.md?p=25) compliance with this subchapter and the plan approved under [section 9858c(c) of this title](/usc/42/9858c.md?p=c) for the [State](/usc/42/9832.md?p=25).
  - (2) **Noncompliance—**
    - (A) **In general—** If the [Secretary](/usc/42/9832.md?p=24), after reasonable notice to a [State](/usc/42/9832.md?p=25) and opportunity for a hearing, finds that—
      - (i) there has been a failure by the [State](/usc/42/9832.md?p=25) to comply substantially with any provision or requirement set forth in the plan approved under [section 9858c(c) of this title](/usc/42/9858c.md?p=c) for the [State](/usc/42/9832.md?p=25); or
      - (ii) in the operation of any program for which assistance is provided under this subchapter there is a failure by the [State](/usc/42/9832.md?p=25) to comply substantially with any provision of this subchapter;

      the [Secretary](/usc/42/9832.md?p=24) shall notify the [State](/usc/42/9832.md?p=25) of the finding and shall require that the [State](/usc/42/9832.md?p=25) reimburse the [Secretary](/usc/42/9832.md?p=24) for any funds that were improperly expended for purposes prohibited or not authorized by this subchapter, that the [Secretary](/usc/42/9832.md?p=24) deduct from the administrative portion of the [State](/usc/42/9832.md?p=25) 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—** In the case of a finding of noncompliance made pursuant to [subparagraph (A)](#b-2-A), the [Secretary](/usc/42/9832.md?p=24) may, in addition to imposing the sanctions described in such subparagraph, impose other appropriate sanctions, including recoupment of money improperly expended for purposes prohibited or not authorized by this subchapter, and disqualification from the receipt of [financial assistance](/usc/42/9832.md?p=5) under this subchapter.
    - (C) **Notice—** The notice required under [subparagraph (A)](#b-2-A) shall include a specific identification of any additional sanction being imposed under [subparagraph (B)](#b-2-B).
  - (3) **Issuance of rules—** The [Secretary](/usc/42/9832.md?p=24) shall establish by rule procedures for—
    - (A) receiving, processing, and determining the validity of complaints concerning any failure of a [State](/usc/42/9832.md?p=25) to comply with the [State](/usc/42/9832.md?p=25) plan or any requirement of this subchapter; and
    - (B) imposing sanctions under this section.
- (c) **Request for relief—**
  - (1) **In general—** The [Secretary](/usc/42/9832.md?p=24) may waive for a period of not more than three years any provision under this subchapter or sanctions imposed upon a [State](/usc/42/9832.md?p=25) in accordance with [subsection (b)(2)](#b-2) upon the [State](/usc/42/9832.md?p=25)’s request for such a waiver if the [Secretary](/usc/42/9832.md?p=24) 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](/usc/42/5204.md?p=2) or financial crisis, or an extended period of time for a [State](/usc/42/9832.md?p=25) legislature to enact legislation to implement the provisions of this subchapter;
    - (B) such circumstances included in the request prevent the [State](/usc/42/9832.md?p=25) from complying with any statutory or regulatory requirements of this subchapter;
    - (C) the waiver will, by itself, contribute to or enhance the [State](/usc/42/9832.md?p=25)’s ability to carry out the purposes of this subchapter; and,[^1]
    - (D) the waiver will not contribute to inconsistency with the objectives of this law.
  - (2) **Contents—** Such request shall be provided to the [Secretary](/usc/42/9832.md?p=24) in writing and will—
    - (A) detail each sanction or provision within this subchapter that the [State](/usc/42/9832.md?p=25) 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](/usc/42/9832.md?p=25); 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—** Within 90 days after the receipt of a [State](/usc/42/9832.md?p=25)’s request under this subsection, the [Secretary](/usc/42/9832.md?p=24) shall inform the [State](/usc/42/9832.md?p=25) of approval or disapproval of the request. If the plan is disapproved, the [Secretary](/usc/42/9832.md?p=24) shall, at this time, inform the [State](/usc/42/9832.md?p=25), 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](/usc/42/9832.md?p=25) the opportunity to amend the request. In the case of approval, the [Secretary](/usc/42/9832.md?p=24) 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](/usc/42/9832.md?p=25) of the need for a waiver, and the expected impact of the waiver on children served under this program.
  - (4) **External conditions—** The [Secretary](/usc/42/9832.md?p=24) 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](/usc/42/9832.md?p=24) may approve a request under this subsection for a period not to exceed three years, unless a renewal is granted under [paragraph (7)](#c-7).
  - (6) **Termination—** The [Secretary](/usc/42/9832.md?p=24) shall terminate approval of a request for a waiver authorized under this subsection if the [Secretary](/usc/42/9832.md?p=24) determines, after notice and opportunity for a hearing, that the performance of a [State](/usc/42/9832.md?p=25) 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](/usc/42/9832.md?p=24) may approve or disapprove a request from a [State](/usc/42/9832.md?p=25) for renewal of an existing waiver under this subchapter for a period no longer than one year. A [State](/usc/42/9832.md?p=25) seeking to renew their waiver approval must inform the [Secretary](/usc/42/9832.md?p=24) of this intent no later than 30 days prior to the expiration date of the waiver. The [State](/usc/42/9832.md?p=25) shall re-certify in its extension request the provisions in [paragraph (2)](#c-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](/usc/42/9832.md?p=24) the authority to permit [States](/usc/42/9832.md?p=25) to alter the eligibility requirements for eligible children, including work requirements, job training, or educational program participation, that apply to the [parents](/usc/42/9858n.md?p=10) of eligible children under this subchapter. Nothing in this subsection shall be construed to allow the [Secretary](/usc/42/9832.md?p=24) to waive anything related to his or her authority under this subchapter.

## Footnotes

[^1]: So in original. The comma probably should not appear.

## 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; 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.)

## Notes

### 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 reimbursable 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 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”.

1992—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.

### 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.