US Code

Public Law 119-73 (01/23/2026)

42 U.S.C. § 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

1
1 So in original. Probably should be followed by a comma.
The information required under this subparagraph shall include, with respect to a family unit receiving assistance under this subchapter  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, including—
(I)
employment, including self-employment;
(II)
cash or other assistance under—
(aa)
42 U.S.C. 601 the temporary assistance for needy families program under part A of title IV of the Social Security Act ( et seq.); and
(bb)
42 U.S.C. 609(a)(7) a State program for which State spending is counted toward the maintenance of effort requirement under section 409(a)(7) of the Social Security Act ();
(III)
housing assistance;
(IV)
7 U.S.C. 2011 assistance under the Food and Nutrition Act of 2008 [ 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 involved was a relative;
(ix)
the cost of child care for such families;
(x)
the average hours per month of such care; and
(xi)
whether the children receiving assistance under this subchapter are homeless children;
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.

(E)

Prohibition

Reports submitted to the Secretary under subparagraph (C) shall not contain personally identifiable information.

(2)

Annual reports

2
2 So in original.
Not later than 1 year after , and annually thereafter,, a State described in paragraph (1)(A) shall prepare and submit to the Secretary a report that includes aggregate data concerning—
(A)
section 9858n(6) of this title the number of child care providers that received funding under this subchapter as separately identified based on the types of providers listed in ;
(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
(E)
the total number (without duplication) of children and families served under this subchapter; and
(F)
section 9858n(6)(B) of this title3
3 So in original. The period probably should be a semicolon.
the number of child fatalities occurring among children while in the care and facility of child care providers receiving assistance under this subchapter, listed by type of child care provider and indicating whether the providers (excluding child care providers described in ) are licensed or license-exempt.
during the period for which such report is required to be submitted.
(b)

Audits

(1)

Requirement

section 9858c(d) of this titleA State shall, after the close of each program period covered by an application approved under audit its expenditures during such program period from amounts received under this subchapter.

(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.

(3)

Submission

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.

Pub. L. 97–35, title VI, § 658KPub. L. 101–508, title V, § 5082(2)104 Stat. 1388–243Pub. L. 102–401, § 3(a)106 Stat. 1959Pub. L. 102–586, § 8(c)(1)106 Stat. 5036Pub. L. 104–193, title VI, § 611110 Stat. 2284Pub. L. 105–33, title V, § 5602(2)111 Stat. 646Pub. L. 110–234, title IV, § 4002(b)(1)(B)122 Stat. 1096Pub. L. 110–246, § 4(a)122 Stat. 1664Pub. L. 113–186, § 8(c)128 Stat. 1996(, as added , , ; amended , , ; , , ; , , ; , , ; , (2)(FF), , , 1098; , title IV, § 4002(b)(1)(B), (2)(FF), , , 1857, 1859; , (e), , , 1998.)

Editorial Notes

References in Text

act Aug. 14, 1935, ch. 53149 Stat. 620section 1305 of this titleThe Social Security Act, referred to in subsec. (a)(1)(B)(v)(II)(aa), is , . 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 and Tables.

Pub. L. 88–52578 Stat. 703section 2011 of Title 7The Food and Nutrition Act of 2008, referred to in subsec. (a)(1)(B)(v)(IV), is , , , 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 and Tables.

Codification

Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4(a) of Pub. L. 110–246 and made identical amendments to this section. The amendments by were repealed by .

Amendments

Pub. L. 113–186, § 8(c)(1)2014—Subsec. (a)(1)(B)(xi). , which directed amendment of par. (1)(B) by adding cl. (xi) “at the end”, was executed by adding cl. (xi) after cl. (x), to reflect the probable intent of Congress and the presence of concluding provisions in par. (1)(B).

Pub. L. 113–186, § 8(e)Subsec. (a)(1)(E). , added subpar. (E).

Pub. L. 113–186, § 8(c)(2)(A)Subsec. (a)(2). , substituted “1 year after , and annually thereafter,” for “, and every 12 months thereafter” in introductory provisions.

Pub. L. 113–186, § 8(c)(2)(B)Subsec. (a)(2)(A). , substituted “section 9858n(6)” for “section 9858n(5)”.

Pub. L. 113–186, § 8(c)(2)(C)Subsec. (a)(2)(E). , which directed substitution of “; and” for period at end, was executed by making the substitution for semicolon at end, to reflect the probable intent of Congress.

Pub. L. 113–186, § 8(c)(2)(D)Subsec. (a)(2)(F). , which directed amendment of par. (2) by adding subpar. (F) “at the end”, was executed by adding subpar. (F) after subpar. (E), to reflect the probable intent of Congress and the presence of concluding provisions in par. (2).

Pub. L. 110–246, § 4002(b)(1)(B)2008—Subsec. (a)(1)(B)(v)(IV). , (2)(FF), substituted “Food and Nutrition Act of 2008” for “Food Stamp Act of 1977”.

Pub. L. 105–33, § 5602(2)(A)(i)(I)1997—Subsec. (a)(1)(B)(iv). , added cl. (iv) and struck out former cl. (iv) which read as follows: “whether the family includes only one parent;”.

Pub. L. 105–33, § 5602(2)(A)(i)(II)(aa)Subsec. (a)(1)(B)(v). , substituted “including—” for “including the amount obtained from (and separately identified)—” in introductory provisions.

Pub. L. 105–33, § 5602(2)(A)(i)(II)(bb)Subsec. (a)(1)(B)(v)(II). , 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;”.

Pub. L. 105–33, § 5602(2)(A)(i)(III)Subsec. (a)(1)(B)(x). , substituted “month” for “week”.

Pub. L. 105–33, § 5602(2)(A)(ii)Subsec. (a)(1)(D). , 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.”

Pub. L. 105–33, § 5602(2)(B)Subsec. (a)(2). , substituted “Annual” for “Biannual” in heading and “12” for “6” in introductory provisions of text.

Pub. L. 104–193, § 611(1)1996—, substituted “Reports” for “Annual report” in section catchline.

Pub. L. 104–193, § 611(2)section 9858c(c)(3) of this titleSubsec. (a). , amended heading and text of subsec. (a) generally. Prior to amendment, text related to requirement of reports by , and annually thereafter, which include specification of expenditures under , 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.

Pub. L. 104–193, § 611(2)[(3)]Subsec. (b)(1). (A), substituted “an application approved” for “a application approved”.

Pub. L. 104–193, § 611(2)[(3)]Subsec. (b)(2). (B), substituted “the State that receives” for “any agency administering activities that receive”.

Pub. L. 104–193, § 611(2)[(3)]Subsec. (b)(4). (C), substituted “entitled under this subchapter” for “entitles under this subchapter”.

Pub. L. 102–401Pub. L. 102–586Pub. L. 101–508, § 5082(2)1992— and made identical technical corrections to directory language of , which added this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–234Pub. L. 110–246Pub. L. 110–234section 4 of Pub. L. 110–246section 8701 of Title 7Amendment of this section and repeal of by effective , the date of enactment of , except as otherwise provided, see , set out as an Effective Date note under , Agriculture.

Pub. L. 110–246section 4407 of Pub. L. 110–246section 1161 of Title 2Amendment by section 4002(b)(1)(B), (2)(FF) of effective , see , set out as a note under , The Congress.

Effective Date of 1997 Amendment

Pub. L. 105–33Pub. L. 104–193section 5603 of Pub. L. 105–33section 618 of this titleAmendment by effective as if included in the enactment of title VI of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, , see , set out as a note under .

Effective Date of 1996 Amendment

Pub. L. 104–193section 615 of Pub. L. 104–193section 9858 of this titleAmendment by effective , see , set out as a note under .