Statutory and Regulatory Requirements That Will Not be Waived

The following are the CCDF statutory and regulatory requirements that will not be waived under a consolidated 102-477 plan.

• Grantees will coordinate, to the maximum extent feasible, with the Lead Agency(ies) in the State(s) in which the child care programs or activities will be carried out. [section 658O(c)(2)(A) and 16798.82]
• With the exception of applicants located in Alaska, California, or Oklahoma, CCDF programs and activities will be carried out for the benefit of Indian children on Indian reservations. [section 658O(c)(2)(B) and 16798.81(a)(2)]
• Applicants must demonstrate the administrative capability to successfully administer the proposed program in their initial plan. [section 658O(c)(3)(B) and 16798.13(c)]
• Grants and/or contracts are limited to a period of no more than 3 years. [section 658O(c)(4)]
• Funds may not be used for the purchase or improvement of land. [section 658F(b)(1) and 16798.54(b)(1)]
• Funds may not be used to contract for sectarian activities including worship or instruction or to pay for tuition. [section 658M and 16798.54(c) and (d)]
• Applicants must assure they will comply with provisions regarding a drug-free workplace, nondiscrimination, section 504 of the Rehabilitation Act of 1973, Education Amendments, and Age Discrimination Act of 1975, as amended at 45 CFR part 91. [16798.13(a)(5)(9)]
• Note: Since these certifications and assurances are required as part of the consolidated 102-477 plan, they do not need to be submitted with the CCDF application.
• At least one public hearing must be held by Tribes to allow for public comment. [section 658D(b)(1)(C) and 16798.14(c)]
• Grantees shall establish, and periodically revise a sliding fee scale(s) that provides for cost sharing by families, and is based on income and family size. Grantees may waive contributions and may apply different sliding fee scales. [section 658E(c)(5) and 16798.42]
• There are in effect, under tribal, local or State law, requirements designed to protect the health and safety of children that are applicable to child care providers of services for which CCDF assistance is provided. These requirements shall include the prevention and control of infectious diseases (including immunizations); building and physical premises safety; and minimum health and safety training appropriate to the provider setting. [section 658(c)(2)(F) and 16798.41(a)]
• Grantees must submit a request to the Secretary of the Department of Health and Human Services to use funds for construction and renovation purposes. [section 658O (c)(6)(C)]
• Grantees are not permitted to use amounts for construction or renovation purposes if such use will result in a decrease in the level of services provided by the grantee in the preceding fiscal year. [section 658O (c)(6)(C)]

Note: Statutory citations refer to the Child Care and Development Block Grant Act (the Act) Section 5082 of the Omnibus Budget Reconciliation Act of 1990 (P.L. 101-508) as amended by P.L. 102-586, P.L. 103-171, and P.L. 104-193; 45 CFR Part 98.

Regulatory citations refer to the prior Child Care and Development Block Grant Final Rule (57 FR 34352-34413, August 4, 1992). On July 23, 1997, ACF published a proposed rule (at 62 FR 39610-39657) that proposed amendments to the Child Care Development Block Grant regulations. If final regulations are published prior to October 1, 1998 as anticipated, the requirements in these new regulations will apply to FY 1999 CCDF funds. After their publication, ACF will provide guidance regarding any new CCDF regulations which may not be waived under an approved 102-477 plan.