
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC9875]

 
                 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. 9875. Application and description of activities; 
        requirements
        

(a) Applications

    (1) In order to receive an allotment under section 9872 of this 
title, each State shall submit an application to the Secretary. Each 
such application shall be in such form and submitted by such date as the 
Secretary shall require.
    (2) Each application required under paragraph (1) for an allotment 
under section 9872 of this title shall contain assurances that the State 
will meet the requirements of subsection (b) of this section.

(b) Certifications

    As part of the annual application required by subsection (a) of this 
section, the chief executive officer of each State shall--
        (1) certify that the State agrees to use the funds allotted to 
    it under section 9872 of this title in accordance with the 
    requirements of this subchapter; and
        (2) certify that the State agrees that Federal funds made 
    available under section 9873 of this title for any period will be so 
    used as to supplement and increase the level of State, local, and 
    other non-Federal funds that would in the absence of such Federal 
    funds be made available for the programs and activities for which 
    funds are provided under that section and will in no event supplant 
    such State, local, and other non-Federal funds.

The Secretary may not prescribe for a State the manner of compliance 
with the requirements of this subsection.

(c) Description; intended use of payments; comments; revision

    (1) The chief executive officer of a State shall, as part of the 
application required by subsection (a) of this section, also prepare and 
furnish the Secretary (in accordance with such form as the Secretary 
shall provide) with a description of the intended use of the payments 
the State will receive under section 9873 of this title, including 
information on the programs and activities to be supported. The 
description shall be made public within the State in such manner as to 
facilitate comment from any person (including any Federal or other 
public agency) during development of the description and after its 
transmittal. The description shall be revised (consistent with this 
section) until September 30, 1991, as may be necessary to reflect 
substantial changes in the programs and activities assisted by the State 
under this subchapter, and any revision shall be subject to the 
requirements of the preceding sentence.
    (2) The chief executive officer of each State shall include in such 
a description of--
        (A) the number of children who participated in before and after 
    school child care programs assisted under this subchapter;
        (B) the characteristics of the children so served including age 
    levels, handicapped condition, income level of families in such 
    programs;
        (C) the salary level and benefits paid to employees in such 
    child care programs; and
        (D) the number of clients served in resource and referral 
    systems assisted under this subchapter, and the types of assistance 
    they requested.

(d) Application to Public Health Service Act

    Except where inconsistent with the provisions of this subchapter, 
the provisions of section 1903(b) [42 U.S.C. 300w-2(b)], paragraphs (1) 
through (5) of section 1906(a) \1\ [42 U.S.C. 300w-5(a)], and sections 
1906(b), 1907, 1908, and 1909 [42 U.S.C. 300w-5(b), 300w-6, 300w-7, 
300w-8] of the Public Health Service Act shall apply to this subchapter 
in the same manner as such provisions apply to part A of title XIX of 
such Act [42 U.S.C. 300w et seq.].
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    \1\ See References in Text note below.
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(Pub. L. 97-35, title VI, Sec. 670E, as added Pub. L. 98-558, title I, 
Sec. 109, Oct. 30, 1984, 98 Stat. 2882; amended Pub. L. 101-501, title 
III, Secs. 304, 305(b), Nov. 3, 1990, 104 Stat. 1249, 1250.)

                       References in Text

    The Public Health Service Act, referred to in subsec. (d), is act 
July 1, 1944, ch. 373, 58 Stat. 682, as amended. Part A of title XIX of 
the Public Health Service Act is classified generally to part A 
(Sec. 300w et seq.) of subchapter XVII of chapter 6A of this title. 
Section 1906(a) of the Act, which is classified to section 300w-5(a) of 
this title, was amended generally by Pub. L. 102-531, title I, 
Sec. 104(a), Oct. 27, 1992, 106 Stat. 3473, and, as so amended, consists 
of pars. (1) to (4) rather than pars. (1) to (5). For complete 
classification of this Act to the Code, see Short Title note set out 
under section 201 of this title and Tables.


                               Amendments

    1990--Subsec. (c). Pub. L. 101-501, Sec. 305(b), which directed that 
``until September 30, 1987,'' be struck out, could not be executed, 
because of the intervening amendment by Pub. L. 101-501, Sec. 304, see 
below.
    Pub. L. 101-501, Sec. 304, designated existing provisions as par. 
(1), substituted ``September 30, 1991'' for ``September 30, 1987'', and 
added par. (2).


                    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.
