
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC9858m]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 105--COMMUNITY SERVICES PROGRAMS
 
         SUBCHAPTER II-B--CHILD CARE AND DEVELOPMENT BLOCK GRANT
 
Sec. 9858m. Amounts reserved; allotments


(a) Amounts reserved

                   (1) Territories and possessions

        The Secretary shall reserve not to exceed one half of 1 percent 
    of the amount appropriated under this subchapter in each fiscal year 
    for payments to Guam, American Samoa, the Virgin Islands of the 
    United States, and the Commonwealth of the Northern Mariana Islands 
    to be allotted in accordance with their respective needs.

                       (2) Indians \1\ tribes
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    \1\ So in original. Probably should be ``Indian''.
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        The Secretary shall reserve not less than 1 percent, and not 
    more than 2 percent, of the amount appropriated under section 9858 
    of this title in each fiscal year for payments to Indian tribes and 
    tribal organizations with applications approved under subsection (c) 
    of this section.

(b) State allotment

                          (1) General rule

        From the amounts appropriated under section 9858 of this title 
    for each fiscal year remaining after reservations under subsection 
    (a) of this section, the Secretary shall allot to each State an 
    amount equal to the sum of--
            (A) an amount that bears the same ratio to 50 percent of 
        such remainder as the product of the young child factor of the 
        State and the allotment percentage of the State bears to the sum 
        of the corresponding products for all States; and
            (B) an amount that bears the same ratio to 50 percent of 
        such remainder as the product of the school lunch factor of the 
        State and the allotment percentage of the State bears to the sum 
        of the corresponding products for all States.

                       (2) Young child factor

        The term ``young child factor'' means the ratio of the number of 
    children in the State under 5 years of age to the number of such 
    children in all States as provided by the most recent annual 
    estimates of population in the States by the Census Bureau of the 
    Department of Commerce.

                       (3) School lunch factor

        The term ``school lunch factor'' means the ratio of the number 
    of children in the State who are receiving free or reduced price 
    lunches under the school lunch program established under the Richard 
    B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) to the 
    number of such children in all the States as determined annually by 
    the Department of Agriculture.

                      (4) Allotment percentage

        (A) In general

            The allotment percentage for a State is determined by 
        dividing the per capita income of all individuals in the United 
        States, by the per capita income of all individuals in the 
        State.

        (B) Limitations

            If an allotment percentage determined under subparagraph 
        (A)--
                (i) exceeds 1.2 percent, then the allotment percentage 
            of that State shall be considered to be 1.2 percent; and
                (ii) is less than 0.8 percent, then the allotment 
            percentage of the State shall be considered to be 0.8 
            percent.

        (C) Per capita income

            For purposes of subparagraph (A), per capita income shall 
        be--
                (i) determined at 2-year intervals;
                (ii) applied for the 2-year period beginning on October 
            1 of the first fiscal year beginning on the date such 
            determination is made; and
                (iii) equal to the average of the annual per capita 
            incomes for the most recent period of 3 consecutive years 
            for which satisfactory data are available from the 
            Department of Commerce at the time such determination is 
            made.

(c) Payments for benefit of Indian children

                        (1) General authority

        From amounts reserved under subsection (a)(2) of this section, 
    the Secretary may make grants to or enter into contracts with Indian 
    tribes or tribal organizations that submit applications under this 
    section, for the planning and carrying out of programs or activities 
    consistent with the purposes of this subchapter.

                  (2) Applications and requirements

        An application for a grant or contract under this section shall 
    provide that:

        (A) Coordination

            The applicant will coordinate, to the maximum extent 
        feasible, with the lead agency in the State or States in which 
        the applicant will carry out programs or activities under this 
        section.

        (B) Services on reservations

            In the case of an applicant located in a State other than 
        Alaska, California, or Oklahoma, programs and activities under 
        this section will be carried out on the Indian reservation for 
        the benefit of Indian children.

        (C) Reports and audits

            The applicant will make such reports on, and conduct such 
        audits of, programs and activities under a grant or contract 
        under this section as the Secretary may require.

              (3) Consideration of secretarial approval

        In determining whether to approve an application for a grant or 
    contract under this section, the Secretary shall take into 
    consideration--
            (A) the availability of child care services provided in 
        accordance with this subchapter by the State or States in which 
        the applicant proposes to carry out a program to provide child 
        care services; and
            (B) whether the applicant has the ability (including skills, 
        personnel, resources, community support, and other necessary 
        components) to satisfactorily carry out the proposed program or 
        activity.

                        (4) Three-year limit

        Grants or contracts under this section shall be for periods not 
    to exceed 3 years.

               (5) Dual eligibility of Indian children

        The awarding of a grant or contract under this section for 
    programs or activities to be conducted in a State or States shall 
    not affect the eligibility of any Indian child to receive services 
    provided or to participate in programs and activities carried out 
    under a grant to the State or States under this subchapter.

            (6) Construction or renovation of facilities

        (A) Request for use of funds

            An Indian tribe or tribal organization may submit to the 
        Secretary a request to use amounts provided under this 
        subsection for construction or renovation purposes.

        (B) Determination

            With respect to a request submitted under subparagraph (A), 
        and except as provided in subparagraph (C), upon a determination 
        by the Secretary that adequate facilities are not otherwise 
        available to an Indian tribe or tribal organization to enable 
        such tribe or organization to carry out child care programs in 
        accordance with this subchapter, and that the lack of such 
        facilities will inhibit the operation of such programs in the 
        future, the Secretary may permit the tribe or organization to 
        use assistance provided under this subsection to make payments 
        for the construction or renovation of facilities that will be 
        used to carry out such programs.

        (C) Limitation

            The Secretary may not permit an Indian tribe or tribal 
        organization to use amounts provided under this subsection for 
        construction or renovation if such use will result in a decrease 
        in the level of child care services provided by the tribe or 
        organization as compared to the level of such services provided 
        by the tribe or organization in the fiscal year preceding the 
        year for which the determination under subparagraph (B) is being 
        made.

        (D) Uniform procedures

            The Secretary shall develop and implement uniform procedures 
        for the solicitation and consideration of requests under this 
        paragraph.

(d) Data and information

    The Secretary shall obtain from each appropriate Federal agency, the 
most recent data and information necessary to determine the allotments 
provided for in subsection (b) of this section.

(e) Reallotments

                           (1) In general

        Any portion of the allotment under subsection (b) of this 
    section to a State that the Secretary determines is not required to 
    carry out a State plan approved under section 9858c(d) of this 
    title, in the period for which the allotment is made available, 
    shall be reallotted by the Secretary to other States in proportion 
    to the original allotments to the other States.

                           (2) Limitations

        (A) Reduction

            The amount of any reallotment to which a State is entitled 
        to under paragraph (1) shall be reduced to the extent that it 
        exceeds the amount that the Secretary estimates will be used in 
        the State to carry out a State plan approved under section 
        9858c(d) of this title.

        (B) Reallotments

            The amount of such reduction shall be similarly reallotted 
        among States for which no reduction in an allotment or 
        reallotment is required by this subsection.

                       (3) Amounts reallotted

        For purposes of any other section of this subchapter, any amount 
    reallotted to a State under this subsection shall be considered to 
    be part of the allotment made under subsection (b) of this section 
    to the State.

              (4) Indian tribes or tribal organizations

        Any portion of a grant or contract made to an Indian tribe or 
    tribal organization under subsection (c) of this section that the 
    Secretary determines is not being used in a manner consistent with 
    the provision of this subchapter in the period for which the grant 
    or contract is made available, shall be allotted by the Secretary to 
    other tribes or organizations that have submitted applications under 
    subsection (c) of this section in accordance with their respective 
    needs.

(f) ``State'' defined

    For the purposes of this section, the term ``State'' includes only 
the 50 States, the District of Columbia, and the Commonwealth of Puerto 
Rico.

(Pub. L. 97-35, title VI, Sec. 658O, as added Pub. L. 101-508, title V, 
Sec. 5082(2), Nov. 5, 1990, 104 Stat. 1388-246; amended Pub. L. 102-401, 
Sec. 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102-586, Sec. 8(c)(1), 
Nov. 4, 1992, 106 Stat. 5036; Pub. L. 104-193, title VI, Sec. 613, Aug. 
22, 1996, 110 Stat. 2286; Pub. L. 105-33, title V, Sec. 5602(4), Aug. 5, 
1997, 111 Stat. 646; Pub. L. 106-78, title VII, Sec. 752(b)(17), Oct. 
22, 1999, 113 Stat. 1170.)

                       References in Text

    The Richard B. Russell National School Lunch Act, referred to in 
subsec. (b)(3), is act June 4, 1946, ch. 281, 60 Stat. 230, as amended, 
which is classified generally to chapter 13 (Sec. 1751 et seq.) of this 
title. For complete classification of this Act to the Code, see Short 
Title note set out under section 1751 of this title and Tables.


                               Amendments

    1999--Subsec. (b)(3). Pub. L. 106-78 substituted ``Richard B. 
Russell National School Lunch Act'' for ``National School Lunch Act''.
    1997--Subsec. (c)(6)(C). Pub. L. 105-33 substituted ``subparagraph 
(B)'' for ``subparagraph (A)''.
    1996--Subsec. (a)(1). Pub. L. 104-193, Sec. 613(1)(A), made 
technical amendment to heading, inserted ``and'' before ``the 
Commonwealth of the Northern Marianna Islands'', and struck out ``, and 
the Trust Territory of the Pacific Islands'' before ``to be allotted in 
accordance''.
    Subsec. (a)(2). Pub. L. 104-193, Sec. 613(1)(B), substituted ``less 
than 1 percent, and not more than 2 percent,'' for ``more than 3 
percent''.
    Subsec. (c)(5). Pub. L. 104-193, Sec. 613(2)(A), substituted 
``activities carried out'' for ``activities carried our''.
    Subsec. (c)(6). Pub. L. 104-193, Sec. 613(2)(B), added par. (6).
    Subsec. (e)(4). Pub. L. 104-193, Sec. 613(3), added par. (4).
    1992--Pub. L. 102-401 and Pub. L. 102-586 made identical technical 
corrections to directory language of Pub. L. 101-508, Sec. 5082(2), 
which added this section.


                    Effective Date of 1997 Amendment

    Amendment by Pub. L. 105-33 effective 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 of Pub. L. 105-33, set out as a note under section 618 of this 
title.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 9858d, 9858h of this title.
