U.S Code last checked for updates: Nov 22, 2024
All TitlesTitle 42Chapter 105Subchapter II-B
§ 9858m.
Amounts reserved; allotments
(a)
Amounts reserved
(1)
Territories and possessions
(2)
Indians 1
1
 So in original. Probably should be “Indian”.
tribes
(A)
In general
(B)
Limitations
Notwithstanding subparagraph (A), the Secretary shall only reserve an amount that is greater than 2 percent of the amount appropriated under section 9858 of this title, for payments described in subparagraph (A), for a fiscal year (referred to in this subparagraph as the “reservation year”) if—
(i)
the amount appropriated under section 9858 of this title for the reservation year is greater than the amount appropriated under section 9858 of this title for fiscal year 2014; and
(ii)
the Secretary ensures that the amount allotted to States under subsection (b) for the reservation year is not less than the amount allotted to States under subsection (b) for fiscal year 2014.
(3)
National toll-free hotline and Web site
(4)
Technical assistance
(5)
Research, demonstration, and evaluation
(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), 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
(3)
School lunch factor
(4)
Allotment percentage
(A)
In general
(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
(2)
Applications and requirements
An application for a grant or contract under this section shall provide that:
(A)
Coordination
(B)
Services on reservations
(C)
Reports and audits
(D)
Licensing and standards
(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
(5)
Dual eligibility of Indian children
(6)
Construction or renovation of facilities
(A)
Request for use of funds
(B)
Determination
(C)
Limitation
(i)
In general
(ii)
Waiver
The Secretary shall waive the limitation described in clause (i) if—
(I)
the Secretary determines that the decrease in the level of child care services provided by the Indian tribe or tribal organization is temporary; and
(II)
the Indian tribe or tribal organization submits to the Secretary a plan that demonstrates that after the date on which the construction or renovation is completed—
(aa)
the level of child care services will increase; or
(bb)
the quality of child care services will improve.
(D)
Uniform procedures
(d)
Data and information
(e)
Reallotments
(1)
In general
(2)
Limitations
(A)
Reduction
(B)
Reallotments
(3)
Amounts reallotted
(4)
Indian tribes or tribal organizations
(f)
“State” defined
(Pub. L. 97–35, title VI, § 658O, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–246; 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, § 613, Aug. 22, 1996, 110 Stat. 2286; Pub. L. 105–33, title V, § 5602(4), Aug. 5, 1997, 111 Stat. 646; Pub. L. 106–78, title VII, § 752(b)(17), Oct. 22, 1999, 113 Stat. 1170; Pub. L. 113–186, § 9, Nov. 19, 2014, 128 Stat. 1998.)
cite as: 42 USC 9858m
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