PART 97-CONSOLIDATION OF GRANTS TO THE INSULAR AREAS

Sec.

97.10 What is a consolidated grant? 97.11 Which jurisdictions may apply for a consolidated grant?

97.12 Which grants may be consolidated? 97.13 How does an insular area apply for a consolidated grant?

97.14 How will grant awards be made? 97.15 For what purposes can grant funds be used?

97.16 What fiscal, matching and administrative requirements apply to grantees? AUTHORITY: Sec. 501, Pub. L. 95-134, as amended, 48 U.S.C. 1469a.

SOURCE: 47 FR 56468, Dec. 16, 1982, unless otherwise noted.

§ 97.10 What is a consolidated grant? As used in this part, a consolidated grant means a grant award to an insular area, the funds of which are derived from the allocations under two or more of the programs specified in §97.12.

$97.11 Which jurisdictions may apply for a consolidated grant?

The following jurisdictions (insular areas), as appropriate with respect to each block and formula grant program, may apply for a consolidated grant under this Part: the Virgin Islands; Guam; American Samoa, the Commonwealth of the Northern Mariana Islands; and the Trust Territory of the Pacific Islands (the Republic of Palau). In addition, the Federated States of Micronesia and the Republic of the Marshall Islands may apply for a consolidated grant for certain PHS programs as indicated in §97.12.

[56 FR 38346, Aug. 13, 1991]

§ 97.12 Which grants may be consolidated?

(a) These regulations apply to the consolidation of grants under the programs listed in paragraphs (b) and (c) of this section and to any additional program(s) as determined by the Secretary. The list of programs will be periodically updated in the Code of Federal Regulations through publication in the FEDERAL REGISTER.

(b) Block Grants.

(1) Preventive Health and Health Services, 42 U.S.C. 300w-300w-10.1

(2) Alcohol and Drug Abuse and Mental Health Services, 42 U.S.C. 300x300x-9.2

(3) Maternal and Child Health Services, 42 U.S.C. 701-709.3

(4) Social Services, 42 U.S.C. 13971397f.

(5) Community Services, 42 U.S.C. 9901-9912.

(6) Low-Income Home Energy Assistance, 42 U.S.C. 8621-8629.

(7) Community Youth Activity, 42 U.S.C. 11841.4

(c) Other Grants.

(1) Child Welfare Services, 42 U.S.C. 620, et seq.

(2) Developmental Disabilities, 42 U.S.C. 6021-6030.

(3) Aging Supportive Services and Senior Centers, 42 U.S.C. 3030d.

(4) Congregate Meals for the Elderly, 42 U.S.C. 3030e.

(5) Home Delivered Meals for the Elderly, 42 U.S.C. 3030f.

(6) Child Abuse and Neglect State Grants, 42 U.S.C. 5103(b).

(7) Dependent Care Planning and Development State Grants, 42 U.S.C. 9871, et. seq.

(8) Family Violence Prevention and Services, 42 U.S.C. 10401, et seq.

(9) Children's Justice Act, 42 U.S.C. 5101, et seq.

§ 97.13 How does an insular area apply for a consolidated grant?

(a) An insular area may apply for a consolidated grant in lieu of filing an individual application for any of the programs listed in §97.12 for which the insular area is eligible.

(b) The chief executive officer or his designee may submit a consolidated grant application at any time prior to expenditure of the funds proposed for consolidation. The application must specify the amount of funds proposed for consolidation, the titles of the programs that are the sources of funds that are to be consolidated and the titles of the programs under whose statutory authority the funds are to be expended.

(c) The application must contain the assurances, certifications, and other information required by the statutes and regulations applicable to those programs under which funds will be expended. If any of the requirements for these latter programs are substantially the same, they may be met by a single assurance, certification, or narrative, as appropriate. The application need not meet the application or other requirements for programs which sources of funds for the consolidated grant but under whose authority no funds will be expended.

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(d) If after receiving a consolidated grant, an insular area wishes to use funds for a purpose authorized by an eligible program that is not included in the consolidated grant, or by an eligible program that was included in the grant but was not intended as a program under which funds would be expended, the insular area must submit an amended application indicating the proposed change and containing the assurances, certifications and other information applicable to that program. $97.14 How will grant awards be made?

The Secretary, or his designee, will award a consolidated grant to each insular area that applies for a consolidated grant and meets the requirements of this Part and of the statutes and regulations applicable to the programs under whose authority the consolidated grant funds will be expended. As long as the amount requested does

not exceed the amount for which the insular area is eligible under the programs that are being consolidated, the amount of the award will equal the amount requested in the application.

$97.15 For what purposes can grant funds be used?

Funds awarded under a consolidated grant must be used for purposes authorized by the statutes and regulations of the programs included in the consolidated grant. In its application for a consolidated grant the insular area is to indicate the amount of funds that will be allocated to the eligible programs.

§ 97.16 What fiscal, matching and administrative requirements apply to grantees?

(a) An insular area receiving a consolidated grant must comply with the statutes and regulations applicable to the programs under which the funds are to be used, except as otherwise provided in this part.

(b) In regard to programs included in a consolidated grant, an insular area need not comply with any of the statutory or regulatory provisions requiring recipients to match federal funds with their own or other funds.

(c) A single report may be submitted in lieu of any individual reports that may be required under the programs included in a consolidated grant.

98.82 Coordination.

98.83 Requirements for Tribal programs.

Subpart J-Monitoring, Non-Compliance and Complaints

98.90 Monitoring.
98.91 Non-compliance.

98.92 Penalties and sanctions.
98.93 Complaints.

AUTHORITY: 42 U.S.C. 9858.

SOURCE: 57 FR 34413, Aug. 4, 1992, unless otherwise noted.

Subpart A-Purposes and Definitions

§ 98.1 Purposes.

(a) The purpose of the Child Care and Development Block Grant is to increase the availability, affordability, and quality of child care services. The program offers Federal funding to States, Territories, Indian Tribes, and Tribal organizations in order to:

(1) Provide low-income families with the financial resources to find and afford quality child care for their children;

(2) Enhance the quality and increase the supply of child care for all families, including those who receive no direct assistance under the Block Grant;

(3) Provide parents with a broad range of options in addressing their child care needs;

(4) Strengthen the role of the family; (5) Improve the quality of, and coordination among, child care programs and early childhood development programs; and

(6) Increase the availability of early childhood development and before- and after-school care services.

(b) The purpose of these regulations is to provide the basis for administration of the Block Grant. These regulations provide that Grantees:

(1) Maximize parental choice through the use of certificates and through grants and contracts;

(2) Include in their programs a broad range of child care providers, including center-based care, family child care, in-home care, care provided by relatives and sectarian child care providers;

(3) Provide quality child care that meets applicable State and local requirements;

(4) Coordinate planning and delivery of services at all levels;

(5) Design flexible programs which provide for the changing needs of recipient families;

(6) Administer the Block Grant responsibly to ensure that statutory requirements are met and that adequate information regarding the use of public funds is provided;

(7) Maximize the impact of the additional funding available under the Block Grant by ensuring that Federal funds are used to supplement, not supplant, existing services, and ensuring that administrative costs are minimized; and

(8) Design programs which provide uninterrupted service to families and providers, to the extent statutorily possible.

For the purpose of this part and part 99:

(a) The Act refers to the Child Care and Development Block Grant Act of 1990, section 5082 of the Omnibus Budget Reconciliation Act of 1990, Public Law 101-508, as codified at 42 U.S.C. 9858;

(b) ACF means the Administration for Children and Families;

(c) The Application is the request from a potential Grantee for funding under the Block Grant and includes such information as the amount of funding requested and the projected budget for the program, pursuant to § 98.13;

(d) Assistant Secretary means the Assistant Secretary for Children and Families, Department of Health and Human Services;

(e) Before- and after-school services means services which meet the requirements of § 98.51(e);

(f) The Block Grant means the Child Care and Development Block Grant; Block Grant programs will be used to generically describe all activities under the Block Grant, including child care services and quality and availability improvements pursuant to section 658E(c)(3)(B) of the Act, as well as quality and availability improvements, pursuant to sections 658E(c)(3)(C), 658G and 658H of the Act;

(g) Caregiver means an individual who provides child care services directly to an eligible child on a person-to-person basis;

(h) Categories of care means centerbased child care, group home child care, family child care and in-home care;

(i) Center-based child care provider means a provider licensed or otherwise authorized to provide child care services for fewer than 24 hours per day per child in a non-residential setting, unless care in excess of 24 hours is due to the nature of the parent(s)' work;

(j) Child care certificate means a certificate (that may be a check or other disbursement) that is issued by a Grantee directly to a parent who may use such certificate only as payment for child care services, pursuant to § 98.30. Nothing in this part shall preclude the use of such certificate for sectarian child care services if freely chosen by the parent. For the purposes of this part, a child care certificate is assistance to the parent, not assistance to the provider;

(k) Child care provider that receives assistance means a child care provider that receives Federal funds under the Block Grant pursuant to grants, contracts or loans, but does not include a child care provider to whom Federal funds under the Block Grant are directed only through the operation of a certificate program;

(1) Child care services, for the purposes of § 98.50, means the care given to an eligible child by an eligible child care provider;

(m) The Department means the Department of Health and Human Services;

(n) Early childhood development program means a program that meets the requirements of § 98.51(d);

(0) Elementary school means a day or residential school that provides elementary education, as determined under State law;

(p) Eligible child means an individual who meets the requirements of § 98.20; (q) Eligible child care provider means: (1) A center-based child care provider, a group home child care provider, a family child care provider, an in-home child care provider, or other