42 U.S.C. § 618 : US Code - Section 618: Funding for child care

Search 42 U.S.C. § 618 : US Code - Section 618: Funding for child care

(a) General child care entitlement
(1) General entitlement
Subject to the amount appropriated under paragraph (3), each
State shall, for the purpose of providing child care assistance,
be entitled to payments under a grant under this subsection for a
fiscal year in an amount equal to the greater of -
(A) the total amount required to be paid to the State under
section 603 of this title for fiscal year 1994 or 1995
(whichever is greater) with respect to expenditures for child
care under subsections (g) and (i) of section 602 of this title
(as in effect before October 1, 1995); or
(B) the average of the total amounts required to be paid to
the State for fiscal years 1992 through 1994 under the
subsections referred to in subparagraph (A).
(2) Remainder
(A) Grants
The Secretary shall use any amounts appropriated for a fiscal
year under paragraph (3), and remaining after the reservation
described in paragraph (4) and after grants are awarded under
paragraph (1), to make grants to States under this paragraph.
(B) Allotments to States
The total amount available for payments to States under this
paragraph, as determined under subparagraph (A), shall be
allotted among the States based on the formula used for
determining the amount of Federal payments to each State under
section 603(n) of this title (as in effect before October 1,
1995).
(C) Federal matching of State expenditures exceeding historical
expenditures
The Secretary shall pay to each eligible State for a fiscal
year an amount equal to the lesser of the State's allotment
under subparagraph (B) or the Federal medical assistance
percentage for the State for the fiscal year (as defined in
section 1396d(b) of this title, as such section was in effect
on September 30, 1995) of so much of the State's expenditures
for child care in that fiscal year as exceed the total amount
of expenditures by the State (including expenditures from
amounts made available from Federal funds) in fiscal year 1994
or 1995 (whichever is greater) for the programs described in
paragraph (1)(A).
(D) Redistribution
(i) In general
With respect to any fiscal year, if the Secretary
determines (in accordance with clause (ii)) that any amounts
allotted to a State under this paragraph for such fiscal year
will not be used by such State during such fiscal year for
carrying out the purpose for which such amounts are allotted,
the Secretary shall make such amounts available in the
subsequent fiscal year for carrying out such purpose to one
or more States which apply for such funds to the extent the
Secretary determines that such States will be able to use
such additional amounts for carrying out such purpose. Such
available amounts shall be redistributed to a State pursuant
to section 603(n) of this title (as such section was in
effect before October 1, 1995) by substituting "the number of
children residing in all States applying for such funds" for
"the number of children residing in the United States in the
second preceding fiscal year".
(ii) Time of determination and distribution
The determination of the Secretary under clause (i) for a
fiscal year shall be made not later than the end of the first
quarter of the subsequent fiscal year. The redistribution of
amounts under clause (i) shall be made as close as
practicable to the date on which such determination is made.
Any amount made available to a State from an appropriation
for a fiscal year in accordance with this subparagraph shall,
for purposes of this part, be regarded as part of such
State's payment (as determined under this subsection) for the
fiscal year in which the redistribution is made.
(3) Appropriation
For grants under this section, there are appropriated -
(A) $1,967,000,000 for fiscal year 1997;
(B) $2,067,000,000 for fiscal year 1998;
(C) $2,167,000,000 for fiscal year 1999;
(D) $2,367,000,000 for fiscal year 2000;
(E) $2,567,000,000 for fiscal year 2001; and
(F) $2,717,000,000 for each of fiscal years 2002 and 2003.
(4) Indian tribes
The Secretary shall reserve not less than 1 percent, and not
more than 2 percent, of the aggregate amount appropriated to
carry out this section in each fiscal year for payments to Indian
tribes and tribal organizations.
(5) Data used to determine State and Federal shares of
expenditures
In making the determinations concerning expenditures required
under paragraphs (1) and (2)(C), the Secretary shall use
information that was reported by the State on ACF Form 231 and
available as of the applicable dates specified in clauses (i)(I),
(ii), and (iii)(III) of section 603(a)(1)(D) (!1) of this title.
(b) Use of funds
(1) In general
Amounts received by a State under this section shall only be
used to provide child care assistance. Amounts received by a
State under a grant under subsection (a)(1) of this section shall
be available for use by the State without fiscal year limitation.
(2) Use for certain populations
A State shall ensure that not less than 70 percent of the total
amount of funds received by the State in a fiscal year under this
section are used to provide child care assistance to families who
are receiving assistance under a State program under this part,
families who are attempting through work activities to transition
off of such assistance program, and families who are at risk of
becoming dependent on such assistance program.
(c) Application of Child Care and Development Block Grant Act of
1990
Notwithstanding any other provision of law, amounts provided to a
State under this section shall be transferred to the lead agency
under the Child Care and Development Block Grant Act of 1990 [42
U.S.C. 9858 et seq.], integrated by the State into the programs
established by the State under such Act, and be subject to
requirements and limitations of such Act.
(d) "State" defined
As used in this section, the term "State" means each of the 50
States and the District of Columbia.