42 U.S.C. § 9858 — Authorization of appropriations

Page 7909 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9858 regarding the child care services that best suit their family’s needs; (3) to encourage States to provide consumer education information to help parents make informed choices about child care services and to promote involvement by parents and family members in the development of their children in child care settings; (4) to assist States in delivering high-qual- ity, coordinated early childhood care and edu- cation services to maximize parents’ options and support parents trying to achieve inde- pendence from public assistance; (5) to assist States in improving the overall quality of child care services and programs by implementing the health, safety, licensing, training, and oversight standards established in this subchapter and in State law (including State regulations); (6) to improve child care and development of participating children; and (7) to increase the number and percentage of low-income children in high-quality child care settings. (Pub. L. 97–35, title VI, § 658A, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–236; 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, § 602, Aug. 22, 1996, 110 Stat. 2279; Pub. L. 113–186, § 2, Nov. 19, 2014, 128 Stat. 1971.) Editorial Notes CODIFICATION Subsection (a) of this section was formerly set out as a note under section 9801 of this title. Subsection (b) of this section was formerly set out as a note under sec- tion 9858 of this title. AMENDMENTS 2014—Pub. L. 113–186 amended section generally. Prior to amendment, text read as follows: ‘‘(a) SHORT TITLE.—This subchapter may be cited as the ‘Child Care and Development Block Grant Act of 1990’. ‘‘(b) GOALS.—The goals of this subchapter are— ‘‘(1) to allow each State maximum flexibility in de- veloping child care programs and policies that best suit the needs of children and parents within such State; ‘‘(2) to promote parental choice to empower work- ing parents to make their own decisions on the child care that best suits their family’s needs; ‘‘(3) to encourage States to provide consumer edu- cation information to help parents make informed choices about child care; ‘‘(4) to assist States to provide child care to parents trying to achieve independence from public assist- ance; and ‘‘(5) to assist States in implementing the health, safety, licensing, and registration standards estab- lished in State regulations.’’ 1996—Pub. L. 104–193 inserted ‘‘and goals’’ after ‘‘title’’ in section catchline, designated existing provi- sions as subsec. (a), inserted heading, and added subsec. (b). 1992—Pub. L. 102–401 and Pub. L. 102–586 made iden- tical technical corrections to directory language of Pub. L. 101–508, § 5082(2), which added this section. § 9858. Authorization of appropriations There is authorized to be appropriated to carry out this subchapter $2,360,000,000 for fiscal year 2015, $2,478,000,000 for fiscal year 2016, $2,539,950,000 for fiscal year 2017, $2,603,448,750 for fiscal year 2018, $2,668,534,969 for fiscal year 2019, and $2,748,591,018 for fiscal year 2020. (Pub. L. 97–35, title VI, § 658B, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–236; 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, § 603(a), Aug. 22, 1996, 110 Stat. 2279; Pub. L. 113–186, § 3, Nov. 19, 2014, 128 Stat. 1971.) Editorial Notes AMENDMENTS 2014—Pub. L. 113–186 substituted ‘‘subchapter $2,360,000,000 for fiscal year 2015, $2,478,000,000 for fiscal year 2016, $2,539,950,000 for fiscal year 2017, $2,603,448,750 for fiscal year 2018, $2,668,534,969 for fiscal year 2019, and $2,748,591,018 for fiscal year 2020’’ for ‘‘subchapter $1,000,000,000 for each of the fiscal years 1996 through 2002’’. 1996—Pub. L. 104–193 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: ‘‘There are authorized to be appropriated to carry out this subchapter, $750,000,000 for fiscal year 1991, $825,000,000 for fiscal year 1992, $925,000,000 for fiscal year 1993, and such sums as may be necessary for each of the fiscal years 1994 and 1995.’’ 1992—Pub. L. 102–401 and Pub. L. 102–586 made iden- tical technical corrections to directory language of Pub. L. 101–508, § 5082(2), which added this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–193, title VI, § 615, Aug. 22, 1996, 110 Stat. 2287, provided that: ‘‘(a) IN GENERAL.—Except as provided in subsection (b), this title [see Short title of 1996 Amendment note set out under section 9801 of this title] and the amend- ments made by this title shall take effect on October 1, 1996. ‘‘(b) EXCEPTION.—The amendment made by section 603(a) [amending this section] shall take effect on the date of enactment of this Act [Aug. 22, 1996].’’ CHILD CARE STABILIZATION Pub. L. 117–2, title II, § 2202, Mar. 11, 2021, 135 Stat. 31, provided that: ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) COVID–19 PUBLIC HEALTH EMERGENCY.—The term ‘COVID–19 public health emergency’ means the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d) on January 31, 2020, with respect to COVID–19, including any re- newal of the declaration. ‘‘(2) ELIGIBLE CHILD CARE PROVIDER.—The term ‘eli- gible child care provider’ means— ‘‘(A) an eligible child care provider as defined in section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n); or ‘‘(B) a child care provider that is licensed, regu- lated, or registered in the State, territory, or In- dian Tribe on the date of enactment of this Act [Mar. 11, 2021] and meets applicable State and local health and safety requirements. ‘‘(b) CHILD CARE STABILIZATION FUNDING.—In addition to amounts otherwise available, there is appropriated for fiscal year 2021, out of any amounts in the Treasury not otherwise appropriated, $23,975,000,000, to remain available through September 30, 2021, for grants under this section in accordance with the Child Care and De- velopment Block Grant Act of 1990 [42 U.S.C. 9857 et seq.]. Page 7910 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9858 ‘‘(c) GRANTS.—From the amounts appropriated to carry out this section and under the authority of sec- tion 658O of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858m) and this section, the Secretary shall award to each lead agency a child care stabilization grant, without regard to the requirements in subparagraphs (C) and (E) of section 658E(c)(3), and in section 658G, of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858c(c)(3), 9858e). Such grant shall be allotted in accordance with section 658O of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858m). ‘‘(d) STATE RESERVATIONS AND SUBGRANTS.— ‘‘(1) RESERVATION.—A lead agency for a State that receives a child care stabilization grant pursuant to subsection (c) shall reserve not more than 10 percent of such grant funds to administer subgrants, provide technical assistance and support for applying for and accessing the subgrant opportunity, publicize the availability of the subgrants, carry out activities to increase the supply of child care, and provide tech- nical assistance to help child care providers imple- ment policies as described in paragraph (2)(D)(i). ‘‘(2) SUBGRANTS TO QUALIFIED CHILD CARE PRO- VIDERS.— ‘‘(A) IN GENERAL.—The lead agency shall use the remainder of the grant funds awarded pursuant to subsection (c) to make subgrants to qualified child care providers described in subparagraph (B), re- gardless of such a provider’s previous receipt of other Federal assistance, to support the stability of the child care sector during and after the COVID–19 public health emergency. ‘‘(B) QUALIFIED CHILD CARE PROVIDER.—To be qualified to receive a subgrant under this para- graph, a provider shall be an eligible child care pro- vider that on the date of submission of an applica- tion for the subgrant, was either— ‘‘(i) open and available to provide child care services; or ‘‘(ii) closed due to public health, financial hard- ship, or other reasons relating to the COVID–19 public health emergency. ‘‘(C) SUBGRANT AMOUNT.—The amount of such a subgrant to a qualified child care provider shall be based on the provider’s stated current operating ex- penses, including costs associated with providing or preparing to provide child care services during the COVID–19 public health emergency, and to the ex- tent practicable, cover sufficient operating ex- penses to ensure continuous operations for the in- tended period of the subgrant. ‘‘(D) APPLICATION.—The lead agency shall— ‘‘(i) make available on the lead agency’s website an application for qualified child care providers that includes certifications that, for the duration of the subgrant— ‘‘(I) the provider applying will, when open and available to provide child care services, imple- ment policies in line with guidance from the corresponding State, Tribal, and local authori- ties, and in accordance with State, Tribal, and local orders, and, to the greatest extent pos- sible, implement policies in line with guidance from the Centers for Disease Control and Pre- vention; ‘‘(II) for each employee, the provider will pay not less than the full compensation, including any benefits, that was provided to the employee as of the date of submission of the application for the subgrant (referred to in this subclause as ‘full compensation’), and will not take any action that reduces the weekly amount of the employee’s compensation below the weekly amount of full compensation, or that reduces the employee’s rate of compensation below the rate of full compensation, including the invol- untary furloughing of any employee employed on the date of submission of the application for the subgrant; and ‘‘(III) the provider will provide relief from co- payments and tuition payments for the families enrolled in the provider’s program, to the ex- tent possible, and prioritize such relief for fami- lies struggling to make either type of payment; and ‘‘(ii) accept and process applications submitted under this subparagraph on a rolling basis, and provide subgrant funds in advance of provider ex- penditures, except as provided in subsection (e)(2). ‘‘(E) OBLIGATION.—The lead agency shall notify the Secretary if it is unable to obligate at least 50 percent of the funds received pursuant to sub- section (c) that are available for subgrants de- scribed in this paragraph within 9 months of the date of enactment of this Act [Mar. 11, 2021]. ‘‘(e) USES OF FUNDS.— ‘‘(1) IN GENERAL.—A qualified child care provider that receives funds through such a subgrant shall use the funds for at least one of the following: ‘‘(A) Personnel costs, including payroll and sala- ries or similar compensation for an employee (in- cluding any sole proprietor or independent con- tractor), employee benefits, premium pay, or costs for employee recruitment and retention. ‘‘(B) Rent (including rent under a lease agree- ment) or payment on any mortgage obligation, util- ities, facility maintenance or improvements, or in- surance. ‘‘(C) Personal protective equipment, cleaning and sanitization supplies and services, or training and professional development related to health and safety practices. ‘‘(D) Purchases of or updates to equipment and supplies to respond to the COVID–19 public health emergency. ‘‘(E) Goods and services necessary to maintain or resume child care services. ‘‘(F) Mental health supports for children and em- ployees. ‘‘(2) REIMBURSEMENT.—The qualified child care pro- vider may use the subgrant funds to reimburse the provider for sums obligated or expended before the date of enactment of this Act for the cost of a good or service described in paragraph (1) to respond to the COVID–19 public health emergency. ‘‘(f) SUPPLEMENT NOT SUPPLANT.—Amounts made available to carry out this section shall be used to sup- plement and not supplant other Federal, State, and local public funds expended to provide child care serv- ices for eligible individuals.’’ SMALL BUSINESS CHILD CARE GRANT PROGRAM Pub. L. 110–28, title VIII, § 8303, May 25, 2007, 121 Stat. 206, provided that: ‘‘(a) ESTABLISHMENT.—The Secretary of Health and Human Services (referred to in this section as the ‘Sec- retary’) shall establish a program to award grants to States, on a competitive basis, to assist States in pro- viding funds to encourage the establishment and oper- ation of employer-operated child care programs. ‘‘(b) APPLICATION.—To be eligible to receive a grant under this section, a State shall prepare and submit to the Secretary an application at such time, in such manner, and containing such information as the Sec- retary may require, including an assurance that the funds required under subsection (e) will be provided. ‘‘(c) AMOUNT AND PERIOD OF GRANT.—The Secretary shall determine the amount of a grant to a State under this section based on the population of the State as compared to the population of all States receiving grants under this section. The Secretary shall make the grant for a period of 3 years. ‘‘(d) USE OF FUNDS.— ‘‘(1) IN GENERAL.—A State shall use amounts pro- vided under a grant awarded under this section to provide assistance to small businesses (or consortia formed in accordance with paragraph (3)) located in the State to enable the small businesses (or con- Page 7911 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9858 sortia) to establish and operate child care programs. Such assistance may include— ‘‘(A) technical assistance in the establishment of a child care program; ‘‘(B) assistance for the startup costs related to a child care program; ‘‘(C) assistance for the training of child care pro- viders; ‘‘(D) scholarships for low-income wage earners; ‘‘(E) the provision of services to care for sick chil- dren or to provide care to school-aged children; ‘‘(F) the entering into of contracts with local re- source and referral organizations or local health de- partments; ‘‘(G) assistance for care for children with disabil- ities; ‘‘(H) payment of expenses for renovation or oper- ation of a child care facility; or ‘‘(I) assistance for any other activity determined appropriate by the State. ‘‘(2) APPLICATION.—In order for a small business or consortium to be eligible to receive assistance from a State under this section, the small business involved shall prepare and submit to the State an application at such time, in such manner, and containing such in- formation as the State may require. ‘‘(3) PREFERENCE.— ‘‘(A) IN GENERAL.—In providing assistance under this section, a State shall give priority to an appli- cant that desires to form a consortium to provide child care in a geographic area within the State where such care is not generally available or acces- sible. ‘‘(B) CONSORTIUM.—For purposes of subparagraph (A), a consortium shall be made up of 2 or more en- tities that shall include small businesses and that may include large businesses, nonprofit agencies or organizations, local governments, or other appro- priate entities. ‘‘(4) LIMITATIONS.—With respect to grant funds re- ceived under this section, a State may not provide in excess of $500,000 in assistance from such funds to any single applicant. ‘‘(e) MATCHING REQUIREMENT.—To be eligible to re- ceive a grant under this section, a State shall provide assurances to the Secretary that, with respect to the costs to be incurred by a covered entity receiving as- sistance in carrying out activities under this section, the covered entity will make available (directly or through donations from public or private entities) non- Federal contributions to such costs in an amount equal to— ‘‘(1) for the first fiscal year in which the covered en- tity receives such assistance, not less than 50 percent of such costs ($1 for each $1 of assistance provided to the covered entity under the grant); ‘‘(2) for the second fiscal year in which the covered entity receives such assistance, not less than 662⁄3 per- cent of such costs ($2 for each $1 of assistance pro- vided to the covered entity under the grant); and ‘‘(3) for the third fiscal year in which the covered entity receives such assistance, not less than 75 per- cent of such costs ($3 for each $1 of assistance pro- vided to the covered entity under the grant). ‘‘(f) REQUIREMENTS OF PROVIDERS.—To be eligible to receive assistance under a grant awarded under this section, a child care provider— ‘‘(1) who receives assistance from a State shall comply with all applicable State and local licensing and regulatory requirements and all applicable health and safety standards in effect in the State; and ‘‘(2) who receives assistance from an Indian tribe or tribal organization shall comply with all applicable regulatory standards. ‘‘(g) STATE-LEVEL ACTIVITIES.—A State may not re- tain more than 3 percent of the amount described in subsection (c) for State administration and other State-level activities. ‘‘(h) ADMINISTRATION.— ‘‘(1) STATE RESPONSIBILITY.—A State shall have re- sponsibility for administering a grant awarded for the State under this section and for monitoring cov- ered entities that receive assistance under such grant. ‘‘(2) AUDITS.—A State shall require each covered en- tity receiving assistance under the grant awarded under this section to conduct an annual audit with respect to the activities of the covered entity. Such audits shall be submitted to the State. ‘‘(3) MISUSE OF FUNDS.— ‘‘(A) REPAYMENT.—If the State determines, through an audit or otherwise, that a covered enti- ty receiving assistance under a grant awarded under this section has misused the assistance, the State shall notify the Secretary of the misuse. The Secretary, upon such a notification, may seek from such a covered entity the repayment of an amount equal to the amount of any such misused assistance plus interest. ‘‘(B) APPEALS PROCESS.—The Secretary shall by regulation provide for an appeals process with re- spect to repayments under this paragraph. ‘‘(i) REPORTING REQUIREMENTS.— ‘‘(1) 2-YEAR STUDY.— ‘‘(A) IN GENERAL.—Not later than 2 years after the date on which the Secretary first awards grants under this section, the Secretary shall conduct a study to determine— ‘‘(i) the capacity of covered entities to meet the child care needs of communities within States; ‘‘(ii) the kinds of consortia that are being formed with respect to child care at the local level to carry out programs funded under this sec- tion; and ‘‘(iii) who is using the programs funded under this section and the income levels of such individ- uals. ‘‘(B) REPORT.—Not later than 28 months after the date on which the Secretary first awards grants under this section, the Secretary shall prepare and submit to the appropriate committees of Congress a report on the results of the study conducted in ac- cordance with subparagraph (A). ‘‘(2) FOUR-YEAR STUDY.— ‘‘(A) IN GENERAL.—Not later than 4 years after the date on which the Secretary first awards grants under this section, the Secretary shall conduct a study to determine the number of child care facili- ties that are funded through covered entities that received assistance through a grant awarded under this section and that remain in operation, and the extent to which such facilities are meeting the child care needs of the individuals served by such facilities. ‘‘(B) REPORT.—Not later than 52 months after the date on which the Secretary first awards grants under this section, the Secretary shall prepare and submit to the appropriate committees of Congress a report on the results of the study conducted in ac- cordance with subparagraph (A). ‘‘(j) DEFINITIONS.—In this section: ‘‘(1) COVERED ENTITY.—The term ‘covered entity’ means a small business or a consortium formed in ac- cordance with subsection (d)(3). ‘‘(2) INDIAN COMMUNITY.—The term ‘Indian commu- nity’ means a community served by an Indian tribe or tribal organization. ‘‘(3) INDIAN TRIBE; TRIBAL ORGANIZATION.—The terms ‘Indian tribe’ and ‘tribal organization’ have the meanings given the terms in section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n). ‘‘(4) SMALL BUSINESS.—The term ‘small business’ means an employer who employed an average of at least 2 but not more than 50 employees on the busi- ness days during the preceding calendar year. ‘‘(5) STATE.—The term ‘State’ has the meaning given the term in section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n). Page 7912 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9858a ‘‘(k) APPLICATION TO INDIAN TRIBES AND TRIBAL ORGA- NIZATIONS.—In this section: ‘‘(1) IN GENERAL.—Except as provided in subsection (f)(1), and in paragraphs (2) and (3), the term ‘State’ includes an Indian tribe or tribal organization. ‘‘(2) GEOGRAPHIC REFERENCES.—The term ‘State’ in- cludes an Indian community in subsections (c) (the second and third place the term appears), (d)(1) (the second place the term appears), (d)(3)(A) (the second place the term appears), and (i)(1)(A)(i). ‘‘(3) STATE-LEVEL ACTIVITIES.—The term ‘State- level activities’ includes activities at the tribal level. ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—There is authorized to be appro- priated to carry out this section, $50,000,000 for the period of fiscal years 2008 through 2012. ‘‘(2) STUDIES AND ADMINISTRATION.—With respect to the total amount appropriated for such period in ac- cordance with this subsection, not more than $2,500,000 of that amount may be used for expendi- tures related to conducting studies required under, and the administration of, this section. ‘‘(m) TERMINATION OF PROGRAM.—The program estab- lished under subsection (a) shall terminate on Sep- tember 30, 2012.’’ GOALS OF SUBCHAPTER Pub. L. 97–35, title VI, subtitle A, ch. 8, subch. C, § 658A(b), as added by Pub. L. 104–193, title VI, § 602(3), Aug. 22, 1996, 110 Stat. 2279, and amended by Pub. L. 113–186, § 2, Nov. 19, 2014, 128 Stat. 1971, which provided the goals of this subchapter and was formerly set out as a note under this section, was amended generally by Pub. L. 113–186 and subsequently transferred to section 9857(b) of this title. § 9858a. Establishment of block grant program The Secretary is authorized to make grants to States in accordance with the provisions of this subchapter. (Pub. L. 97–35, title VI, § 658C, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–236; 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.) Editorial Notes AMENDMENTS 1992—Pub. L. 102–401 and Pub. L. 102–586 made iden- tical technical corrections to directory language of Pub. L. 101–508, § 5082(2), which added this section. § 9858b. Lead agency (a) Designation The Governor of a State desiring to receive a grant under this subchapter shall designate an agency (which may be an appropriate collabo- rative agency), or establish a joint interagency office, that complies with the requirements of subsection (b) to serve as the lead agency for the State under this subchapter. (b) Duties (1) In general The lead agency shall— (A) administer, directly or through other governmental or nongovernmental agencies, the financial assistance received under this subchapter by the State; (B) develop the State plan to be submitted to the Secretary under section 9858c(a) of this title; (C) in conjunction with the development of the State plan as required under subpara- graph (B), hold at least one hearing in the State with sufficient time and Statewide distribution of the notice of such hearing, to provide to the public an opportunity to com- ment on the provision of child care services under the State plan; (D) coordinate the provision of services under this subchapter with other Federal, State and local child care and early child- hood development programs; and (E) at the option of an Indian tribe or trib- al organization in the State, collaborate and coordinate with such Indian tribe or tribal organization in the development of the State plan in a timely manner. (2) Development of plan In the development of the State plan de- scribed in paragraph (1)(B), the lead agency shall consult with appropriate representatives of units of general purpose local government. (Pub. L. 97–35, title VI, § 658D, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–236; 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, § 604, Aug. 22, 1996, 110 Stat. 2281; Pub. L. 113–186, § 4, Nov. 19, 2014, 128 Stat. 1972.) Editorial Notes AMENDMENTS 2014—Subsec. (a). Pub. L. 113–186, § 4(a), substituted ‘‘Governor’’ for ‘‘chief executive officer’’ and ‘‘des- ignate an agency (which may be an appropriate col- laborative agency), or establish a joint interagency of- fice, that complies with the requirements of subsection (b) to serve as the lead agency for the State under this subchapter’’ for ‘‘designate, in an application sub- mitted to the Secretary under section 9858c of this title, an appropriate State agency that complies with the requirements of subsection (b) of this section to act as the lead agency’’. Subsec. (b)(1)(E). Pub. L. 113–186, § 4(b), added subpar. (E). 1996—Subsec. (b)(1)(A). Pub. L. 104–193, § 604(1)(A), sub- stituted ‘‘governmental or nongovernmental agencies’’ for ‘‘State agencies’’. Subsec. (b)(1)(C). Pub. L. 104–193, § 604(1)(B), inserted ‘‘with sufficient time and Statewide distribution of the notice of such hearing,’’ after ‘‘hearing in the State’’. Subsec. (b)(2). Pub. L. 104–193, § 604(2), struck out at end ‘‘Such consultations may include consideration of local child care needs and resources, the effectiveness of existing child care and early childhood development services, and the methods by which funds made avail- able under this subchapter can be used to effectively address local shortages.’’ 1992—Pub. L. 102–401 and Pub. L. 102–586 made iden- tical technical corrections to directory language of Pub. L. 101–508, § 5082(2), which added this section. Statutory Notes and Related Subsidiaries 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 § 9858c. Application and plan (a) Application To be eligible to receive assistance under this subchapter, a State shall prepare and submit to the Secretary an application at such time, in