
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: 42USC9874]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 105--COMMUNITY SERVICES PROGRAMS
 
    SUBCHAPTER IV--GRANTS TO STATES FOR PLANNING AND DEVELOPMENT OF 
             DEPENDENT CARE PROGRAMS AND FOR OTHER PURPOSES
 
Sec. 9874. Use of allotments


(a) Referral systems; information; contents

    (1) Subject to the provisions of subsections (c) and (d) of this 
section, amounts paid to a State under section 9873 of this title from 
its allotment under section 9872 of this title may be used for the 
planning, development, establishment, operation, expansion, or 
improvement by the States, directly or by grant or contract with public 
or private entities, of State and local resource and referral systems to 
provide information concerning the availability, types, costs, and 
locations of dependent care services. The information provided by any 
such system may include--
        (A) the types of dependent care services available, including 
    services provided by individual homes, religious organizations, 
    community organizations, employers, private industry, and public and 
    private institutions;
        (B) the costs of available dependent care services;
        (C) the locations in which dependent care services are provided;
        (D) the forms of transportation available to such locations;
        (E) the hours during which such dependent care services are 
    available;
        (F) the dependents eligible to enroll for such dependent care 
    services; and
        (G) any resource and referral system planned, developed, 
    established, expanded, or improved with amounts paid to a State 
    under this subchapter.

    (2) The State, with respect to the uses of funds described in 
paragraph (1) of this subsection shall--
        (A) provide assurances that no information will be included with 
    respect to any dependent care services which are not provided in 
    compliance with the laws of the State and localities in which such 
    services are provided; and
        (B) provide assurances that the information provided will be the 
    latest information available and will be kept up to date.

(b) School-age child care services; assurances; estimates

    (1) Subject to the provisions of subsections (c) and (d) of this 
section, amounts paid to a State under section 9873 of this title from 
its allotment under section 9872 of this title may be used for the 
planning, development, establishment, operation, expansion, or 
improvement by the States, directly, or by grant or contract, with 
public agencies or private nonprofit organizations of programs to 
furnish school-age child care services before and after school. Amounts 
so paid to a State and used for the operation of such child care 
services shall be designed to enable children, whose families lack 
adequate financial resources, to participate in before or after school 
child care programs.
    (2) The State, with respect to the uses of funds described in 
paragraph (1) of this subsection shall--
        (A) provide assurances, in the case of an applicant that is not 
    a State or local educational agency, that the applicant has or will 
    enter into an agreement with the State or local educational agency, 
    institution of higher education or community center containing 
    provisions for--
            (i) the use of facilities for the provision of before or 
        after school child care services (including such use during 
        holidays and vacation periods),
            (ii) the restrictions, if any, on the use of such space, and
            (iii) the times when the space will be available for the use 
        of the applicant;

        (B) provide an estimate of the costs of the establishment of the 
    child care service program in the facilities;
        (C) provide assurances that the parents of school-age children 
    will be involved in the development and implementation of the 
    program for which assistance is sought under this Act; \1\
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    \1\ So in original. Probably should be ``subchapter''.
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        (D) provide assurances that the applicant is able and willing to 
    seek to enroll racially, ethnically, and economically diverse 
    school-age children, as well as handicapped school-age children, in 
    the child care service program for which assistance is sought under 
    this Act; \1\
        (E) provide assurances that the child care program is in 
    compliance with State and local child care licensing laws and 
    regulations governing day care services for school-age children to 
    the extent that such regulations are appropriate to the age group 
    served; and
        (F) provide such other assurances as the chief executive officer 
    of the State may reasonably require to carry out this Act.\1\

(c) Percentage of allotment; waiver

    (1) Except as provided in paragraph (2), of the allotment to each 
State in each fiscal year--
        (A) 40 percent shall be available for the activities described 
    in subsection (a) of this section;
        (B) 60 percent shall be available for the activities described 
    in subsection (b) of this section.

    (2) For any fiscal year the Secretary may waive the percentage 
requirements specified in paragraph (1) on the request of a State if 
such State demonstrates to the satisfaction of the Secretary--
        (A) that the amount of funds available as a result of one of 
    such percentage requirements is not needed in such fiscal year for 
    the activities for which such amount is so made available; and
        (B) the adequacy of the alternative percentages, relative to 
    need, the State specifies the State will apply with respect to all 
    of the activities referred to in paragraph (1) if such waiver is 
    granted.

(d) Prohibition; use of amounts

    A State may not use amounts paid to it under this subchapter to--
        (1) make cash payments to intended recipients of dependent care 
    services including child care services;
        (2) pay for construction or renovation; or
        (3) satisfy any requirement for the expenditure of non-Federal 
    funds as a condition for the receipt of Federal funds.

(e) Federal share; cost of administration

    (1) The Federal share of any project supported under this subchapter 
shall be not more than 75 percent.
    (2) Not more than 10 percent of the allotment of each State under 
this subchapter may be available for the cost of administration.

(f) Duplication of services

    Projects supported under this section to plan, develop, establish, 
expand, operate, or improve a State or local resource and referral 
system or before or after school child care program shall not duplicate 
any services which are provided before October 30, 1984, by the State or 
locality which will be served by such system.

(g) Technical assistance to States; planning and operational activities

    The Secretary may provide technical assistance to States in planning 
and carrying out activities under this subchapter.

(Pub. L. 97-35, title VI, Sec. 670D, as added Pub. L. 98-558, title I, 
Sec. 109, Oct. 30, 1984, 98 Stat. 2880; amended Pub. L. 99-425, title 
III, Sec. 302, Sept. 30, 1986, 100 Stat. 967; Pub. L. 101-501, title 
III, Secs. 302, 303, 305(a), Nov. 3, 1990, 104 Stat. 1249, 1250.)

                       References in Text

    This Act, referred to in subsec. (b)(2)(C), (D), (F), is Pub. L. 97-
35, known as the Omnibus Budget Reconciliation Act of 1981, but probably 
should have been ``this subchapter'', meaning subchapter E of chapter 8 
of subtitle A of title VI of Pub. L. 97-35, known as the State Dependent 
Care Development Grants Act, which is classified to this subchapter.


                               Amendments

    1990--Subsec. (a)(1). Pub. L. 101-501, Secs. 303(a)(1), 305(a)(1), 
inserted ``operation,'' after ``establishment,'' and struck out ``for 
fiscal year 1985 and fiscal year 1986'' before ``may be used''.
    Subsec. (b)(1). Pub. L. 101-501, Secs. 303(a)(2), (3), 305(a)(2), 
struck out ``for fiscal year 1985 and fiscal year 1986'' before ``may be 
used'', inserted ``operation,'' after ``establishment,'', struck out 
``in public or private school facilities or in community centers in 
communities'' after ``before and after school'', and inserted at end 
``Amounts so paid to a State and used for the operation of such child 
care services shall be designed to enable children, whose families lack 
adequate financial resources, to participate in before or after school 
child care programs.''
    Subsec. (b)(2)(D). Pub. L. 101-501, Sec. 305(a)(3)(A), inserted 
``school-age children,'' after ``diverse'' and inserted comma after last 
reference to ``children''.
    Subsec. (b)(2)(F). Pub. L. 101-501, Sec. 305(a)(3)(B), substituted 
``chief executive officer of the State'' for ``Governor'' and struck out 
``the provisions of'' before ``this Act''.
    Subsec. (c). Pub. L. 101-501, Sec. 302, designated existing 
provision as par. (1), redesignated pars. (1) and (2) as subpars. (A) 
and (B), respectively, substituted ``Except as provided in paragraph 
(2), of'' for ``Of'', and added par. (2).
    Subsec. (d). Pub. L. 101-501, Sec. 303(b), redesignated pars. (2), 
(4), and (5) as (1), (2), and (3), respectively, and struck out former 
pars. (1) and (3) which read as follows:
    ``(1) pay the costs of operation of any resource and referral system 
or before or after school child care program established, expanded, or 
improved under subsection (a) of this section;
    ``(3) subsidize the direct provision of dependent care services 
including child care services;''.
    Subsec. (d)(1). Pub. L. 101-501, Sec. 305(a)(4), which directed the 
substitution of ``subsections (a) and (b) of this section'' for 
``subsection (a) of this section'', could not be executed because of the 
intervening amendment by Pub. L. 101-501, Sec. 303(b), see above.
    Subsec. (f). Pub. L. 101-501, Secs. 303(a)(4), 305(a)(5), inserted 
``operate,'' after ``expand,'' and substituted ``which are provided 
before October 30, 1984,'' for ``, which prior to October 30, 1984, are 
provided''.
    Subsec. (g). Pub. L. 101-501, Sec. 305(a)(6), substituted ``carrying 
out activities'' for ``operating activities to be carried out''.
    1986--Subsec. (a). Pub. L. 99-425, Sec. 302(a), designated existing 
provisions as par. (1), substituted ``system may include'' for ``system 
shall include'', redesignated cls. (1) to (7) as (A) to (G), 
respectively, struck out last sentence which read as follows: ``In 
carrying out clause (7) of the previous sentence, no information shall 
be included with respect to any dependent care services which are not 
provided in compliance with the laws of the State and localities in 
which such services are provided'', and added par. (2).
    Subsec. (b)(1). Pub. L. 99-425, Sec. 302(b)(1), struck out ``where 
school facilities are not available'' after ``centers in communities''.
    Subsec. (b)(2)(E). Pub. L. 99-425, Sec. 302(b)(2), inserted ``child 
care'' before ``licensing laws''.


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-501 effective Oct. 1, 1990, see section 
1001(a) of Pub. L. 101-501, set out as a note under section 8621 of this 
title.


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-425 effective Oct. 1, 1986, see section 1001 
of Pub. L. 99-425, set out as a note under section 8621 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 9871 of this title.
