42 U.S.C. § 9858c — Application and plan

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 Page 7913 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9858c 1 So in original. Subpars. (D) and following do not continue from introductory provisions. such manner, and containing such information as the Secretary shall by rule require, includ- ing— (1) an assurance that the State will comply with the requirements of this subchapter; and (2) a State plan that meets the requirements of subsection (c). (b) Period covered by plan The State plan contained in the application under subsection (a) shall be designed to be im- plemented during a 3-year period. (c) Requirements of a plan (1) Lead agency The State plan shall identify the lead agen- cy designated or established under section 9858b of this title. (2) Policies and procedures The State plan shall: 1 (A) Parental choice of providers Provide assurances that— (i) the parent or parents of each eligible child within the State who receives or is offered child care services for which finan- cial assistance is provided under this sub- chapter are given the option either— (I) to enroll such child with a child care provider that has a grant or con- tract for the provision of such services; or (II) to receive a child care certificate as defined in section 9858n(2) of this title; (ii) in cases in which the parent selects the option described in clause (i)(I), the child will be enrolled with the eligible pro- vider selected by the parent to the max- imum extent practicable; and (iii) child care certificates offered to par- ents selecting the option described in clause (i)(II) shall be of a value commensu- rate with the subsidy value of child care services provided under the option de- scribed in clause (i)(I); and provide a detailed description of the pro- cedures the State will implement to carry out the requirements of this subparagraph. (B) Unlimited parental access Certify that procedures are in effect with- in the State to ensure that child care pro- viders who provide services for which assist- ance is made available under this subchapter afford parents unlimited access to their chil- dren and to the providers caring for their children, during the normal hours of oper- ation of such providers and whenever such children are in the care of such providers, and provide a detailed description of such procedures. (C) Parental complaints Certify that the State maintains a record of substantiated parental complaints and makes information regarding such parental complaints available to the public on re- quest and provide a detailed description of how such record is maintained and is made available. (D) Monitoring and inspection reports The plan shall include a certification that the State, not later than 1 year after the State has in effect the policies and practices described in subparagraph (K)(i), will make public by electronic means, in a consumer- friendly and easily accessible format, orga- nized by provider, the results of monitoring and inspection reports, including those due to major substantiated complaints about failure to comply with this subchapter and State child care policies, as well as the num- ber of deaths, serious injuries, and instances of substantiated child abuse that occurred in child care settings each year, for eligible child care providers within the State. The results shall also include information on the date of such an inspection, and, where appli- cable, information on corrective action taken. (E) Consumer and provider education infor- mation The plan shall include a certification that the State will collect and disseminate (which dissemination may be done, except as otherwise specified in this subparagraph, through resource and referral organizations or other means as determined by the State) to parents of eligible children, the general public, and, where applicable, providers— (i) information about the availability of the full diversity of child care services that will promote informed child care choices and that concerns— (I) the availability of child care serv- ices provided through programs author- ized by this subchapter and, if feasible, other child care services and other pro- grams provided in the State for which the family may be eligible, as well as the availability of financial assistance to ob- tain child care services in the State; (II) if available, information about the quality of providers, as determined by the State, that can be provided through a Quality Rating and Improvement Sys- tem; (III) information, made available through a State Web site, describing the State process for licensing child care providers, the State processes for con- ducting background checks, and moni- toring and inspections, of child care pro- viders, and the offenses that prevent in- dividuals and entities from serving as child care providers in the State; (IV) other programs for which families that receive child care services for which financial assistance is provided under this subchapter may be eligible, includ- ing the program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.), Head Start and Early Head Start programs carried out under the Head Start Act (42 U.S.C. 9831 et seq.), the program carried out under the Page 7914 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9858c 2 So in original. Probably should be ‘‘incorporate’’. Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.), the supplemental nutrition assistance pro- gram established under the Food and Nu- trition Act of 2008 (7 U.S.C. 2011 et seq.), the special supplemental nutrition pro- gram for women, infants, and children established under section 1786 of this title, the child and adult care food pro- gram established under section 1766 of this title, and the Medicaid and State children’s health insurance programs under titles XIX and XXI of the Social Security Act (42 U.S.C. 1396 et seq., 1397aa et seq.); (V) programs carried out under section 619 and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.); (VI) research and best practices con- cerning children’s development, includ- ing social and emotional development, early childhood development, and mean- ingful parent and family engagement, and physical health and development (particularly healthy eating and phys- ical activity); and (VII) the State policies regarding the social-emotional behavioral health of young children, which may include posi- tive behavioral intervention and support models, and policies on expulsion of pre- school-aged children, in early childhood programs receiving assistance under this subchapter; and (ii) information on developmental screenings, including— (I) information on existing (as of the date of submission of the application containing the plan) resources and serv- ices the State can deploy, including the coordinated use of the Early and Peri- odic Screening, Diagnosis, and Treat- ment program under the Medicaid pro- gram carried out under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) and developmental screening serv- ices available under section 619 and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.), in conducting developmental screenings and providing referrals to services, when appropriate, for children who receive assistance under this sub- chapter; and (II) a description of how a family or el- igible child care provider may utilize the resources and services described in sub- clause (I) to obtain developmental screenings for children who receive as- sistance under this subchapter who may be at risk for cognitive or other develop- mental delays, which may include social, emotional, physical, or linguistic delays. (F) Compliance with State licensing require- ments (i) In general The plan shall include a certification that the State involved has in effect li- censing requirements applicable to child care services provided within the State, and provide a detailed description of such requirements and of how such require- ments are effectively enforced. (ii) License exemption If the State uses funds received under this subchapter to support a child care provider that is exempt from the cor- responding licensing requirements de- scribed in clause (i), the plan shall include a description stating why such licensing exemption does not endanger the health, safety, or development of children who re- ceive services from child care providers who are exempt from such requirements. (G) Training and professional development requirements (i) In general The plan shall describe the training and professional development requirements that are in effect within the State de- signed to enable child care providers to promote the social, emotional, physical, and cognitive development of children and to improve the knowledge and skills of the child care workforce. Such requirements shall be applicable to child care providers that provide services for which assistance is provided in accordance with this sub- chapter. (ii) Requirements The plan shall provide an assurance that such training and professional develop- ment— (I) shall be conducted on an ongoing basis, provide for a progression of profes- sional development (which may include encouraging the pursuit of postsec- ondary education), reflect current re- search and best practices relating to the skills necessary for the child care work- force to meet the developmental needs of participating children, and improve the quality of, and stability within, the child care workforce; (II) shall be developed in consultation with the State Advisory Council on Early Childhood Education and Care (designated or established pursuant to section 642B(b)(1)(A)(i) of the Head Start Act (42 U.S.C. 9837b(b)(1)(A)(i))), and may engage training providers in aligning training opportunities with the State’s training framework; (III) incorporates 2 knowledge and ap- plication of the State’s early learning and developmental guidelines (where ap- plicable), the State’s health and safety standards, and incorporates social-emo- tional behavior intervention models, which may include positive behavior intervention and support models; (IV) shall be accessible to providers supported through Indian tribes or tribal organizations that receive assistance under this subchapter; and Page 7915 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9858c 3 So in original. Probably should be ‘‘with this subchapter.’’ (V) to the extent practicable, are ap- propriate for a population of children that includes— (aa) different age groups; (bb) English learners; (cc) children with disabilities; and (dd) Native Americans, including In- dians, as the term is defined in section 5304 of title 25 (including Alaska Na- tives within the meaning of that term), and Native Hawaiians (as defined in section 7517 of title 20). (iii) Information The plan shall include the number of hours of training required for eligible pro- viders and caregivers to engage in annu- ally, as determined by the State. (iv) Construction The Secretary shall not require an indi- vidual or entity that provides child care services for which assistance is provided in accordance with this subchapter to acquire a credential to provide such services. Nothing in this section shall be construed to prohibit a State from requiring a cre- dential. (H) Child-to-provider ratio standards (i) Standards The plan shall describe child care stand- ards for child care services for which as- sistance is made available in accordance with this subchapter, appropriate to the type of child care setting involved, to pro- vide for the safety and developmental needs of the children served, that address— (I) group size limits for specific age populations, as determined by the State; (II) the appropriate ratio between the number of children and the number of providers, in terms of the age of the chil- dren in child care, as determined by the State; and (III) required qualifications for such providers, as determined by the State. (ii) Construction The Secretary may offer guidance to States on child-to-provider ratios de- scribed in clause (i) according to setting and age group, but shall not require that the State maintain specific group size lim- its for specific age populations or child-to- provider ratios for providers who receive assistance in accordance with subchapter.3 (I) Health and safety requirements The plan shall include a certification that there are in effect within the State, under State or local law, requirements designed to protect the health and safety of children that are applicable to child care providers that provide services for which assistance is made available in accordance with this sub- chapter. Such requirements— (i) shall relate to matters including health and safety topics consisting of— (I) the prevention and control of infec- tious diseases (including immunization) and the establishment of a grace period that allows homeless children and chil- dren in foster care to receive services under this subchapter while their fami- lies (including foster families) are taking any necessary action to comply with im- munization and other health and safety requirements; (II) prevention of sudden infant death syndrome and use of safe sleeping prac- tices; (III) the administration of medication, consistent with standards for parental consent; (IV) the prevention of and response to emergencies due to food and allergic re- actions; (V) building and physical premises safety, including identification of and protection from hazards that can cause bodily injury such as electrical hazards, bodies of water, and vehicular traffic; (VI) prevention of shaken baby syn- drome and abusive head trauma; (VII) emergency preparedness and re- sponse planning for emergencies result- ing from a natural disaster, or a man- caused event (such as violence at a child care facility), within the meaning of those terms under section 5195a(a)(1) of this title; (VIII) the handling and storage of haz- ardous materials and the appropriate disposal of biocontaminants; (IX) for providers that offer transpor- tation, if applicable, appropriate pre- cautions in transporting children; (X) first aid and cardiopulmonary re- suscitation; and (XI) minimum health and safety train- ing, to be completed pre-service or dur- ing an orientation period in addition to ongoing training, appropriate to the pro- vider setting involved that addresses each of the requirements relating to matters described in subclauses (I) through (X); and (ii) may include requirements relating to nutrition, access to physical activity, or any other subject area determined by the State to be necessary to promote child de- velopment or to protect children’s health and safety. (J) Compliance with state and local health and safety requirements The plan shall include a certification that procedures are in effect to ensure that child care providers within the State, that provide services for which assistance is made avail- able in accordance with this subchapter, comply with all applicable State and local health and safety requirements as described in subparagraph (I). (K) Enforcement of licensing and other regu- latory requirements (i) Certification The plan shall include a certification that the State, not later than 2 years after November 19, 2014, shall have in effect poli- Page 7916 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9858c cies and practices, applicable to licensing or regulating child care providers that pro- vide services for which assistance is made available in accordance with this sub- chapter and the facilities of those pro- viders, that— (I) ensure that individuals who are hired as licensing inspectors in the State are qualified to inspect those child care providers and facilities and have re- ceived training in related health and safety requirements, and are trained in all aspects of the State’s licensure re- quirements; (II) require licensing inspectors (or qualified inspectors designated by the lead agency) of those child care pro- viders and facilities to perform inspec- tions, with— (aa) not less than 1 prelicensure in- spection, for compliance with health, safety, and fire standards, of each such child care provider and facility in the State; and (bb) not less than annually, an in- spection (which shall be unannounced) of each such child care provider and fa- cility in the State for compliance with all child care licensing standards, which shall include an inspection for compliance with health, safety, and fire standards (inspectors may inspect for compliance with all 3 standards at the same time); (III) require the ratio of licensing in- spectors to such child care providers and facilities in the State to be maintained at a level sufficient to enable the State to conduct inspections of such child care providers and facilities on a timely basis in accordance with Federal, State, and local law; and (IV) require licensing inspectors (or qualified inspectors designated by the lead agency) of child care providers and facilities to perform an annual inspec- tion of each license-exempt provider in the State receiving funds under this sub- chapter (unless the provider is an eligi- ble child care provider as described in section 9858n(6)(B) of this title) for com- pliance with health, safety, and fire standards, at a time to be determined by the State. (ii) Construction The Secretary may offer guidance to a State, if requested by the State, on a re- search-based minimum standard regarding ratios described in clause (i)(III) and pro- vide technical assistance to the State on meeting the minimum standard within a reasonable time period, but shall not pre- scribe a particular ratio. (L) Compliance with child abuse reporting requirements The plan shall include a certification that child care providers within the State will comply with the child abuse reporting re- quirements of section 5106a(b)(2)(B)(i) of this title. (M) Meeting the needs of certain populations The plan shall describe how the State will develop and implement strategies (which may include alternative reimbursement rates to child care providers, the provision of direct contracts or grants to community- based organizations, offering child care cer- tificates to parents, or other means deter- mined by the State) to increase the supply and improve the quality of child care serv- ices for— (i) children in underserved areas; (ii) infants and toddlers; (iii) children with disabilities, as defined by the State; and (iv) children who receive care during nontraditional hours. (N) Protection for working parents (i) Minimum period (I) 12-month period The plan shall demonstrate that each child who receives assistance under this subchapter in the State will be consid- ered to meet all eligibility requirements for such assistance and will receive such assistance, for not less than 12 months before the State or designated local enti- ty redetermines the eligibility of the child under this subchapter, regardless of a temporary change in the ongoing sta- tus of the child’s parent as working or attending a job training or educational program or a change in family income for the child’s family, if that family in- come does not exceed 85 percent of the State median income for a family of the same size. (II) Fluctuations in earnings The plan shall demonstrate how the State’s or designated local entity’s proc- esses for initial determination and rede- termination of such eligibility take into account irregular fluctuations in earn- ings. (ii) Redetermination process The plan shall describe the procedures and policies that are in place to ensure that working parents (especially parents in families receiving assistance under the program of block grants to States for tem- porary assistance for needy families under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.)) are not required to unduly disrupt their employment in order to comply with the State’s or des- ignated local entity’s requirements for re- determination of eligibility for assistance provided in accordance with this sub- chapter. (iii) Period before termination At the option of the State, the plan shall demonstrate that the State will not termi- nate assistance provided to carry out this subchapter based on a factor consisting of a parent’s loss of work or cessation of at- tendance at a job training or educational program for which the family was receiv- Page 7917 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9858c 4 So in original. Probably should be ‘‘unforeseen’’. 5 So in original. Probably should be capitalized. 6 So in original. Probably should be ‘‘642B(b)(1)(A)(i)’’. 7 So in original. Another closing parenthesis probably should precede the semicolon. ing the assistance, without continuing the assistance for a reasonable period of time, of not less than 3 months, after such loss or cessation in order for the parent to en- gage in a job search and resume work, or resume attendance at a job training or educational program, as soon as possible. (iv) Graduated phaseout of care The plan shall describe the policies and procedures that are in place to allow for provision of continued assistance to carry out this subchapter, at the beginning of a new eligibility period under clause (i)(I), for children of parents who are working or attending a job training or educational program and whose family income exceeds the State’s income limit to initially qual- ify for such assistance, if the family in- come for the family involved does not ex- ceed 85 percent of the State median in- come for a family of the same size. (O) Coordination with other programs (i) In general The plan shall describe how the State, in order to expand accessibility and con- tinuity of care, and assist children en- rolled in early childhood programs to re- ceive full-day services, will efficiently, and to the extent practicable, coordinate the services supported to carry out this sub- chapter with programs operating at the Federal, State, and local levels for chil- dren in preschool programs, tribal early childhood programs, and other early child- hood programs, including those serving in- fants and toddlers with disabilities, home- less children, and children in foster care. (ii) Optional use of combined funds If the State elects to combine funding for the services supported to carry out this subchapter with funding for any program described in clause (i), the plan shall de- scribe how the State will combine the mul- tiple sets of funding and use the combined funding. (iii) Rule of construction Nothing in clause (i) shall be construed to affect the priority of children described in clause (i) to receive full-day prekinder- garten or Head Start program services. (P) Public-private partnerships The plan shall demonstrate how the State encourages partnerships among State agen- cies, other public agencies, Indian tribes and tribal organizations, and private entities, in- cluding faith-based and community-based organizations, to leverage existing service delivery systems (as of the date of the sub- mission of the application containing the plan) for child care and development services and to increase the supply and quality of child care services for children who are less than 13 years of age, such as by imple- menting voluntary shared services alliance models. (Q) Priority for low-income populations The plan shall describe the process the State proposes to use, with respect to invest- ments made to increase access to programs providing high-quality child care and devel- opment services, to give priority for those investments to children of families in areas that have significant concentrations of pov- erty and unemployment and that do not have such programs. (R) Consultation The plan shall include a certification that the State has developed the plan in con- sultation with the State Advisory Council on Early Childhood Education and Care des- ignated or established pursuant to section 642B(b)(1)(A)(i) of the Head Start Act (42 U.S.C. 9837b(b)(1)(A)(i)). (S) Payment practices The plan shall include— (i) a certification that the payment prac- tices of child care providers in the State that serve children who receive assistance under this subchapter reflect generally ac- cepted payment practices of child care pro- viders in the State that serve children who do not receive assistance under this sub- chapter, so as to provide stability of fund- ing and encourage more child care pro- viders to serve children who receive assist- ance under this subchapter; and (ii) an assurance that the State will, to the extent practicable, implement enroll- ment and eligibility policies that support the fixed costs of providing child care serv- ices by delinking provider reimbursement rates from an eligible child’s occasional absences due to holidays or unforseen 4 cir- cumstances such as illness. (T) Early learning and developmental guide- lines (i) In general The plan shall include an assurance that the State will maintain or implement early learning and developmental guide- lines (or develop such guidelines if the State does not have such guidelines as of November 19, 2014) that are appropriate for children from birth to kindergarten entry, describing what such children should know and be able to do, and covering the essen- tial domains of early childhood develop- ment for use statewide by child care pro- viders. Such guidelines shall— (I) be research-based, developmentally appropriate, and aligned with entry to kindergarten; (II) be implemented in consultation with the state 5 educational agency and the State Advisory Council on Early Childhood Education and Care (des- ignated or established pursuant to sec- tion 642B(b)(I)(A)(i) 6 of the Head Start Act (42 U.S.C. 9837b(b)(1)(A)(i)); 7 and (III) be updated as determined by the State. Page 7918 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9858c (ii) Prohibition on use of funds The plan shall include an assurance that funds received by the State to carry out this subchapter will not be used to develop or implement an assessment for children that— (I) will be the sole basis for a child care provider being determined to be ineli- gible to participate in the program car- ried out under this subchapter; (II) will be used as the primary or sole basis to provide a reward or sanction for an individual provider; (III) will be used as the primary or sole method for assessing program effective- ness; or (IV) will be used to deny children eligi- bility to participate in the program car- ried out under this subchapter. (iii) Exceptions Nothing in this subchapter shall pre- clude the State from using a single assess- ment as determined by the State for chil- dren for— (I) supporting learning or improving a classroom environment; (II) targeting professional development to a provider; (III) determining the need for health, mental health, disability, developmental delay, or family support services; (IV) obtaining information for the quality improvement process at the State level; or (V) conducting a program evaluation for the purposes of providing program improvement and parent information. (iv) No Federal control Nothing in this section shall be con- strued to authorize an officer or employee of the Federal Government to— (I) mandate, direct, control, or place conditions (outside of what is required by this subchapter) around adopting a State’s early learning and developmental guidelines developed in accordance with this section; (II) establish any criterion that speci- fies, defines, prescribes, or places condi- tions (outside of what is required by this subchapter) on a State adopting stand- ards or measures that a State uses to es- tablish, implement, or improve such guidelines, related accountability sys- tems, or alignment of such guidelines with education standards; or (III) require a State to submit such guidelines for review. (U) Disaster preparedness (i) In general The plan shall demonstrate the manner in which the State will address the needs of children in child care services provided through programs authorized under this subchapter, including the need for safe child care, for the period before, during, and after a state of emergency declared by the Governor or a major disaster or emer- gency (as such terms are defined in section 5122 of this title). (ii) Statewide child care disaster plan Such plan shall include a statewide child care disaster plan for coordination of ac- tivities and collaboration, in the event of an emergency or disaster described in clause (i), among the State agency with ju- risdiction over human services, the agency with jurisdiction over State emergency planning, the State lead agency, the State agency with jurisdiction over licensing of child care providers, the local resource and referral organizations, the State resource and referral system, and the State Advi- sory Council on Early Childhood Edu- cation and Care as provided for under sec- tion 642B(b) of the Head Start Act (42 U.S.C. 9837b(b)). (iii) Disaster plan components The components of the disaster plan, for such an emergency or disaster, shall in- clude— (I) evacuation, relocation, shelter-in- place, and lock-down procedures, and procedures for communication and re- unification with families, continuity of operations, and accommodation of in- fants and toddlers, children with disabil- ities, and children with chronic medical conditions; (II) guidelines for the continuation of child care services in the period fol- lowing the emergency or disaster, which may include the provision of emergency and temporary child care services, and temporary operating standards for child care providers during that period; and (III) procedures for staff and volunteer emergency preparedness training and practice drills. (V) Business technical assistance The plan shall describe how the State will develop and implement strategies to strengthen the business practices of child care providers to expand the supply, and im- prove the quality of, child care services. (3) Use of block grant funds (A) General requirement The State plan shall provide that the State will use the amounts provided to the State for each fiscal year under this sub- chapter in accordance with subparagraphs (B) through (D). (B) Child care services and related activities (i) In general The State shall use amounts provided to the State for each fiscal year under this subchapter for child care services on a sliding fee scale basis, activities that im- prove the quality or availability of such services, activities that improve access to child care services, including the use of procedures to permit enrollment (after an initial eligibility determination) of home- less children while required documenta- tion is obtained, training and technical as- Page 7919 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9858c sistance on identifying and serving home- less children and their families, and spe- cific outreach to homeless families, and any other activity that the State deter- mines to be appropriate to meet the pur- poses of this subchapter (which may in- clude an activity described in clause (ii)), with priority being given for services pro- vided to children of families with very low family incomes (taking into consideration family size) and to children with special needs. (ii) Report by the Assistant Secretary for Children and Families (I) In general Not later than September 30 of the first full fiscal year after November 19, 2014, and September 30 of each fiscal year thereafter, the Secretary (acting through the Assistant Secretary for Children and Families of the Department of Health and Human Services) shall pre- pare a report that contains a determina- tion about whether each State uses amounts provided to such State for the fiscal year involved under this sub- chapter in accordance with the priority for services described in clause (i). (II) Penalty for noncompliance For any fiscal year that the report of the Secretary described in subclause (I) indicates that a State has failed to give priority for services in accordance with clause (i), the Secretary shall— (aa) inform the State that the State has until the date that is 6 months after the Secretary has issued such re- port to fully comply with clause (i); (bb) provide the State an opportunity to modify the State plan of such State, to make the plan consistent with the requirements of clause (i), and resub- mit such State plan to the Secretary not later than the date described in item (aa); and (cc) if the State does not fully com- ply with clause (i) and item (bb), by the date described in item (aa), with- hold 5 percent of the funds that would otherwise be allocated to that State in accordance with this subchapter for the first full fiscal year after that date. (III) Waiver for extraordinary cir- cumstances Notwithstanding subclause (II) the Secretary may grant a waiver to a State for one year to the penalty applied in subclause (II) if the Secretary deter- mines there are extraordinary cir- cumstances, such as a natural disaster, that prevent the State from complying with clause (i). If the Secretary does grant a waiver to a State under this sec- tion, the Secretary shall, within 30 days of granting such waiver, submit a report to the appropriate congressional com- mittees on the circumstances of the waiver including the stated reason from the State on the need for a waiver, the expected impact of the waiver on chil- dren served under this program, and any such other relevant information the Sec- retary deems necessary. (iii) Child care resource and referral sys- tem (I) In general A State may use amounts described in clause (i) to establish or support a sys- tem of local or regional child care re- source and referral organizations that is coordinated, to the extent determined appropriate by the State, by a statewide public or private nonprofit, community- based or regionally based, lead child care resource and referral organization. (II) Local or regional organizations The local or regional child care re- source and referral organizations sup- ported as described in subclause (I) shall— (aa) provide parents in the State with consumer education information referred to in paragraph (2)(E) (except as otherwise provided in that para- graph), concerning the full range of child care options (including faith- based and community-based child care providers), analyzed by provider, in- cluding child care provided during non- traditional hours and through emer- gency child care centers, in their polit- ical subdivisions or regions; (bb) to the extent practicable, work directly with families who receive as- sistance under this subchapter to offer the families support and assistance, using information described in item (aa), to make an informed decision about which child care providers they will use, in an effort to ensure that the families are enrolling their children in the most appropriate child care setting to suit their needs and one that is of high quality (as determined by the State); (cc) collect data and provide infor- mation on the coordination of services and supports, including services under section 619 and part C of the Individ- uals with Disabilities Education Act [20 U.S.C. 1419, 1431 et seq.], for chil- dren with disabilities (as defined in section 602 of such Act (20 U.S.C. 1401)); (dd) collect data and provide infor- mation on the supply of and demand for child care services in political sub- divisions or regions within the State and submit such information to the State; (ee) work to establish partnerships with public agencies and private enti- ties, including faith-based and commu- nity-based child care providers, to in- crease the supply and quality of child care services in the State; and (ff) as appropriate, coordinate their activities with the activities of the State lead agency and local agencies Page 7920 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9858c 8 So in original. A closing parenthesis probably should appear. that administer funds made available in accordance with this subchapter. (C) Limitation on administrative costs Not more than 5 percent of the aggregate amount of funds available to the State to carry out this subchapter by a State in each fiscal year may be expended for administra- tive costs incurred by such State to carry out all of its functions and duties under this subchapter. As used in the preceding sen- tence, the term ‘‘administrative costs’’ shall not include the costs of providing direct services. (D) Assistance for certain families A State shall ensure that a substantial portion of the amounts available (after the State has complied with the requirement of section 418(b)(2) of the Social Security Act [42 U.S.C. 618(b)(2)] with respect to each of the fiscal years 2015 through 2020 8 to the State to carry out activities under this sub- chapter in each fiscal year is used to provide assistance to low-income working families including or in addition to families with children described in clause (i), (ii), (iii), or (iv) of paragraph (2)(M). (E) Direct services From amounts provided to a State for a fiscal year to carry out this subchapter, the State shall— (i) reserve the minimum amount re- quired to be reserved under section 9858e of this title, and the funds for costs described in subparagraph (C); and (ii) from the remainder, use not less than 70 percent to fund direct services (provided by the State) in accordance with para- graph (2)(A). (4) Payment rates (A) In general The State plan shall certify that payment rates for the provision of child care services for which assistance is provided in accord- ance with this subchapter are sufficient to ensure equal access for eligible children to child care services that are comparable to child care services in the State or substate area involved that are provided to children whose parents are not eligible to receive as- sistance under this subchapter or to receive child care assistance under any other Fed- eral or State program, and shall provide a summary of the facts relied on by the State to determine that such rates are sufficient to ensure such access. (B) Survey The State plan shall— (i) demonstrate that the State has, after consulting with the State Advisory Coun- cil on Early Childhood Education and Care designated or established in section 642B(b)(1)(A)(i) of the Head Start Act (42 U.S.C. 9837b(b)(1)(A)(i)), local child care program administrators, local child care resource and referral agencies, and other appropriate entities, developed and con- ducted (not earlier than 2 years before the date of the submission of the application containing the State plan) a statistically valid and reliable survey of the market rates for child care services in the State (that reflects variations in the cost of child care services by geographic area, type of provider, and age of child) or an al- ternative methodology, such as a cost esti- mation model, that has been developed by the State lead agency; (ii) demonstrate that the State prepared a detailed report containing the results of the State market rates survey or alter- native methodology conducted pursuant to clause (i), and made the results of the sur- vey or alternative methodology widely available (not later than 30 days after the completion of such survey or alternative methodology) through periodic means, in- cluding posting the results on the Inter- net; (iii) describe how the State will set pay- ment rates for child care services, for which assistance is provided in accordance with this subchapter— (I) in accordance with the results of the market rates survey or alternative methodology conducted pursuant to clause (i); (II) taking into consideration the cost of providing higher quality child care services than were provided under this subchapter before November 19, 2014; and (III) without, to the extent practicable, reducing the number of families in the State receiving such assistance to carry out this subchapter, relative to the num- ber of such families on November 19, 2014; and (iv) describe how the State will provide for timely payment for child care services provided under this subchapter. (C) Construction (i) No private right of action Nothing in this paragraph shall be con- strued to create a private right of action if the State acted in accordance with this paragraph. (ii) No prohibition of certain different rates Nothing in this subchapter shall be con- strued to prevent a State from differen- tiating the payment rates described in subparagraph (B)(iii) on the basis of such factors as— (I) geographic location of child care providers (such as location in an urban or rural area); (II) the age or particular needs of chil- dren (such as the needs of children with disabilities and children served by child protective services); (III) whether the providers provide child care services during weekend and other nontraditional hours; or (IV) the State’s determination that such differentiated payment rates may enable a parent to choose high-quality Page 7921 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9858c child care that best fits the parent’s needs. (5) Sliding fee scale The State plan shall provide that the State will establish and periodically revise, by rule, a sliding fee scale that provides for cost shar- ing (that is not a barrier to families receiving assistance under this subchapter) by the fami- lies that receive child care services for which assistance is provided under this subchapter. (d) Approval of application The Secretary shall approve an application that satisfies the requirements of this section. (Pub. L. 97–35, title VI, § 658E, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–237; 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, § 605, Aug. 22, 1996, 110 Stat. 2281; Pub. L. 105–33, title V, § 5602(1), Aug. 5, 1997, 111 Stat. 645; Pub. L. 113–186, § 5(a), (b), Nov. 19, 2014, 128 Stat. 1972; Pub. L. 114–95, title IX, § 9215(p)(1), Dec. 10, 2015, 129 Stat. 2170.) Editorial Notes REFERENCES IN TEXT The Social Security Act, referred to in subsec. (c)(2)(E)(i)(IV), (ii)(I), (N)(ii), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part A of title IV of the Act is classified generally to part A (§ 601 et seq.) of subchapter IV of chapter 7 of this title. Titles XIX and XXI of the Act are classified generally to subchapters XIX (§ 1396 et seq.) and XXI (§ 1397aa et seq.), respectively, of chapter 7 of this title. For complete classification of this Act to the Code, see section 1305 of this title and Tables. The Head Start Act, referred to in subsec. (c)(2)(E)(i)(IV), is subchapter B (§ 635 et seq.) of chapter 8 of subtitle A of title VI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 499, which is classified generally to subchapter II (§ 9831 et seq.) of chapter 105 of this title. For com- plete classification of this Act to the Code, see Short Title note set out under section 9801 of this title and Tables. The Low-Income Home Energy Assistance Act of 1981, referred to in subsec. (c)(2)(E)(i)(IV), is title XXVI of Pub. L. 97–35, Aug. 13, 1981, 95 Stat. 893, which is classi- fied principally to subchapter II (§ 8621 et seq.) of chap- ter 94 of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 8621 of this title and Tables. The Food and Nutrition Act of 2008, referred to in subsec. (c)(2)(E)(i)(IV), is Pub. L. 88–525, Aug. 31, 1964, 78 Stat. 703, which is classified generally to chapter 51 (§ 2011 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 7 and Tables. The Individuals with Disabilities Education Act, re- ferred to in subsec. (c)(2)(E)(i)(V), (ii)(I), (3)(B)(iii)(II)(cc), is title VI of Pub. L. 91–230, Apr. 13, 1970, 84 Stat. 175. Part C of the Act is classified gen- erally to subchapter III (§ 1431 et seq.) of chapter 33 of Title 20, Education. For complete classification of this Act to the Code, see section 1400 of Title 20 and Tables. AMENDMENTS 2015—Subsec. (c)(2)(G)(ii)(V)(dd). Pub. L. 114–95 made technical amendment to reference in original act which appears in text as reference to section 7517 of title 20. 2014—Subsec. (b). Pub. L. 113–186, § 5(a), substituted ‘‘3-year’’ for ‘‘2-year’’. Subsec. (c)(1). Pub. L. 113–186, § 5(b)(1), inserted ‘‘or established’’ after ‘‘designated’’. Subsec. (c)(2)(B). Pub. L. 113–186, § 5(b)(2)(A), inserted a comma after ‘‘care of such providers’’. Subsec. (c)(2)(D) to (V). Pub. L. 113–186, § 5(b)(2)(B), (C), added subpars. (D) to (V) and struck out former subpars. (D) to (H) which related to consumer edu- cation information, compliance with State licensing re- quirements, establishment of health and safety require- ments, compliance with State and local health and safety requirements, and meeting the needs of certain populations, respectively. Subsec. (c)(3)(A). Pub. L. 113–186, § 5(b)(3)(A), sub- stituted ‘‘in accordance with’’ for ‘‘as required under’’. Subsec. (c)(3)(B). Pub. L. 113–186, § 5(b)(3)(B), des- ignated existing provisions as cl. (i), inserted heading, substituted ‘‘activities that improve access to child care services, including the use of procedures to permit enrollment (after an initial eligibility determination) of homeless children while required documentation is obtained, training and technical assistance on identi- fying and serving homeless children and their families, and specific outreach to homeless families, and any other activity that the State determines to be appro- priate to meet the purposes of this subchapter (which may include an activity described in clause (ii))’’ for ‘‘and any other activity that the State deems appro- priate to realize any of the goals specified in para- graphs (2) through (5) of section 658A(b)’’, and added cls. (ii) and (iii). Subsec. (c)(3)(D). Pub. L. 113–186, § 5(b)(3)(C), sub- stituted ‘‘2015 through 2020’’ for ‘‘1997 through 2002)’’ and ‘‘including or in addition to families with children described in clause (i), (ii), (iii), or (iv) of paragraph (2)(M)’’ for ‘‘other than families described in paragraph (2)(H)’’. Subsec. (c)(3)(E). Pub. L. 113–186, § 5(b)(3)(D), added subpar. (E). Subsec. (c)(4). Pub. L. 113–186, § 5(b)(4), added par. (4) and struck out former par. (4). Prior to amendment, text read as follows: ‘‘(A) IN GENERAL.—The State plan shall certify that payment rates for the provision of child care services for which assistance is provided under this subchapter are sufficient to ensure equal access for eligible chil- dren to comparable child care services in the State or substate area that are provided to children whose par- ents are not eligible to receive assistance under this subchapter or for child care assistance under any other Federal or State programs and shall provide a sum- mary of the facts relied on by the State to determine that such rates are sufficient to ensure such access. ‘‘(B) CONSTRUCTION.—Nothing in this paragraph shall be construed to create a private right of action.’’ Subsec. (c)(5). Pub. L. 113–186, § 5(b)(5), inserted ‘‘(that is not a barrier to families receiving assistance under this subchapter)’’ after ‘‘cost sharing’’. 1997—Subsec. (c)(2)(E)(ii). Pub. L. 105–33 substituted ‘‘tribal organizations receiving’’ for ‘‘tribal organiza- tion receiving’’. 1996—Subsec. (b). Pub. L. 104–193, § 605(1), substituted ‘‘implemented during a 2-year period’’ for ‘‘imple- mented— ‘‘(1) during a 3-year period for the initial State plan; and ‘‘(2) during a 2-year period for subsequent State plans’’. Subsec. (c)(2)(A). Pub. L. 104–193, § 605(2)(A)(i)(II), in closing provisions, substituted ‘‘and provide a detailed description of the procedures the State will implement to carry out the requirements of this subparagraph.’’ for ‘‘except that nothing in this subparagraph shall re- quire a State to have a child care certificate program in operation prior to October 1, 1992.’’ Subsec. (c)(2)(A)(i). Pub. L. 104–193, § 605(2)(A)(i)(I), struck out ‘‘, other than through assistance provided under paragraph (3)(C),’’ after ‘‘provided under this sub- chapter’’ in introductory provisions. Subsec. (c)(2)(B). Pub. L. 104–193, § 605(2)(A)(ii), sub- stituted ‘‘Certify that procedures are in effect’’ for ‘‘Provide assurances that procedures are in effect’’ and inserted before period at end ‘‘and provide a detailed description of such procedures’’. Subsec. (c)(2)(C). Pub. L. 104–193, § 605(2)(A)(iii), sub- stituted ‘‘Certify that the State maintains’’ for ‘‘Pro- Page 7922 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9858d vide assurances that the State maintains’’ and inserted before period at end ‘‘and provide a detailed description of how such record is maintained and is made avail- able’’. Subsec. (c)(2)(D). Pub. L. 104–193, § 605(2)(A)(iv), amended heading and text of subpar. (D) generally. Prior to amendment, text read as follows: ‘‘Provide as- surances that consumer education information will be made available to parents and the general public with- in the State concerning licensing and regulatory re- quirements, complaint procedures, and policies and practices relative to child care services within the State.’’ Subsec. (c)(2)(E). Pub. L. 104–193, § 605(2)(A)(v), amend- ed heading and text of subpar. (E) generally, sub- stituting provisions relating to compliance with State licensing requirements for provisions relating to com- pliance with State and local regulatory requirements. Subsec. (c)(2)(F), (G). Pub. L. 104–193, § 605(2)(A)(vi), (vii), substituted ‘‘Certify’’ for ‘‘Provide assurances’’. Subsec. (c)(2)(H). Pub. L. 104–193, § 605(2)(A)(viii), added subpar. (H) and struck out heading and text of former subpar. (H). Text read as follows: ‘‘Provide as- surances that if the State reduces the level of stand- ards applicable to child care services provided in the State on November 5, 1990, the State shall inform the Secretary of the rationale for such reduction in the an- nual report of the State described in section 9858i of this title.’’ Subsec. (c)(2)(I). Pub. L. 104–193, § 605(2)(A)(viii), struck out heading and text of subpar. (I). Text read as follows: ‘‘Provide assurances that not later than 18 months after the date of the submission of the applica- tion under this section, the State will complete a full review of the law applicable to, and the licensing and regulatory requirements and policies of, each licensing agency that regulates child care services and programs in the State unless the State has reviewed such law, re- quirements, and policies in the 3-year period ending on November 5, 1990.’’ Subsec. (c)(2)(J). Pub. L. 104–193, § 605(2)(A)(viii), struck out heading and text of subpar. (J). Text read as follows: ‘‘Provide assurances that funds received under this subchapter by the State will be used only to sup- plement, not to supplant, the amount of Federal, State, and local funds otherwise expended for the support of child care services and related programs in the State.’’ Subsec. (c)(3)(A). Pub. L. 104–193, § 605(2)(B)(i), sub- stituted ‘‘subparagraphs (B) through (D)’’ for ‘‘subpara- graphs (B) and (C)’’. Subsec. (c)(3)(B). Pub. L. 104–193, § 605(2)(B)(ii), in- serted ‘‘and related activities’’ after ‘‘services’’ in heading, substituted ‘‘The’’ for ‘‘Subject to the reserva- tion contained in subparagraph (C), the’’, substituted ‘‘for child care services on a sliding fee scale basis, ac- tivities that improve the quality or availability of such services, and any other activity that the State deems appropriate to realize any of the goals specified in paragraphs (2) through (5) of section 658A(b)’’ for ‘‘for— ‘‘(i) child care services, that meet the requirements of this subchapter, that are provided to eligible chil- dren in the State on a sliding fee scale basis using funding methods provided for in subsection (c)(2)(A) of this section’’, substituted ‘‘special needs.’’ for ‘‘special needs; and’’, and struck out cl. (ii) which read as follows: ‘‘activities designed to improve the availability and quality of child care.’’ Subsec. (c)(3)(C). Pub. L. 104–193, § 605(2)(B)(iii), amended heading and text of subpar. (C) generally. Prior to amendment, text read as follows: ‘‘The State shall reserve 25 percent of the amounts provided to the State for each fiscal year under this subchapter to carry out activities designed to improve the quality of child care (as described in section 9858e of this title) and to provide before- and after-school and early child- hood development services (as described in section 9858f of this title).’’ Subsec. (c)(3)(D). Pub. L. 104–193, § 605(2)(B)(iv), added subpar. (D). Subsec. (c)(4)(A). Pub. L. 104–193, § 605(2)(C), sub- stituted ‘‘State plan shall certify’’ for ‘‘State plan shall provide assurances’’, inserted ‘‘and shall provide a sum- mary of the facts relied on by the State to determine that such rates are sufficient to ensure such access’’ after ‘‘Federal or State programs’’, and struck out at end ‘‘Such payment rates shall take into account the variations in the costs of providing child care in dif- ferent settings and to children of different age groups, and the additional costs of providing child care for chil- dren with special needs.’’ 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 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education. EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105–33 effective as if included in the enactment of title VI of the Personal Responsi- bility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104–193, see section 5603 of Pub. L. 105–33, set out as a note under section 618 of this title. 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. § 9858d. Limitations on State allotments (a) No entitlement to contract or grant Nothing in this subchapter shall be con- strued— (1) to entitle any child care provider or re- cipient of a child care certificate to any con- tract, grant or benefit; or (2) to limit the right of any State to impose additional limitations or conditions on con- tracts or grants funded under this subchapter. (b) Construction of facilities (1) In general Except as provided for in section 9858m(c)(6) of this title, no funds made available under this subchapter shall be expended for the pur- chase or improvement of land, or for the pur- chase, construction, or permanent improve- ment (other than minor remodeling) of any building or facility. (2) Sectarian agency or organization In the case of a sectarian agency or organi- zation, no funds made available under this subchapter may be used for the purposes de- scribed in paragraph (1) except to the extent that renovation or repair is necessary to bring the facility of such agency or organization into compliance with health and safety re- quirements referred to in section 9858c(c)(2)(I) of this title. (Pub. L. 97–35, title VI, § 658F, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–240; 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, § 606, Aug. 22, 1996, 110 Stat. 2283; Pub. L. 113–186, § 5(c), Nov. 19, 2014, 128 Stat. 1987.)