+--------------------------+-------------------------+-----------------+
| ACF                      | U.S. DEPARTMENT OF      |                 |
|                          | HEALTH AND HUMAN        |                 |
|                          | SERVICES                |                 |
|                          |                         |                 |
|                          | Administration on       |                 |
|                          | Children, Youth and     |                 |
|                          | Families                |                 |
+--------------------------+-------------------------+-----------------+
| Administration           | **1. Log No:**          | **2. Issuance   |
|                          | ACYF-IM-CC-99-02        | Date:** July 6, |
|                          |                         | 1999            |
+--------------------------+-------------------------+-----------------+
| for Children             | **3. Originating        |                 |
|                          | Office:** Office of     |                 |
|                          | Administration          |                 |
+--------------------------+-------------------------+-----------------+
| and Families             | **4. Key Words:** Child |                 |
|                          | Care and Development    |                 |
|                          | Fund (CCDF); Terms and  |                 |
|                          | Conditions for Grant    |                 |
|                          | Awards to Indian Tribes |                 |
+--------------------------+-------------------------+-----------------+

# INFORMATION MEMORANDUM

TO: Tribal Child Care and Development Fund (CCDF) Lead Agencies

SUBJECT: Clarification of the Terms and Conditions for Tribal grant
awards issued in FY's 1997, 1998 and 1999.

LEGAL AND Section 418 of the Social Security Act; The Child Care

RELATED Development Block Grant Act of 1990, as amended. 45 CFR 98
REFERENCES: and 99

GUIDANCE: It has come to our attention that some Tribes and Tribal
organizations may be using outdated and incorrect CCDF Terms and
Conditions for FYs 1997, 1998 and 1999. We have issued this Program
Instruction to provide Tribes with written copies of the correct Terms
and Conditions that apply to Mandatory, Discretionary and
Construction/Renovation funds issued under CCDF. We have highlighted on
the attachments key elements of those Terms and Conditions that Tribes
should be aware of. **Where appropriate, Tribes must incorporate the use
of the enclosed Terms and Conditions, paying particular attention to
obligation and liquidation requirements.**

> The following chart shows obligation and liquidation requirements for
> fiscal years 1997,1998 and 1999, for all funding categories within
> CCDF. Please share this information with your financial staff.

  -------------------------- -------------------- -----------------------
                             **Must Be Obligated  **Must Be Liquidated
                             By**                 By**

  FY 1997 Mandatory Funds    September 30, 1999   September 30, 1999

  FY 1997 Discretionary      September 30, 1999   September 30, 1999
  Funds                                           

  FY 1997 Const. /           September 30, 1999   September 30, 1999
  Renovation                                      

  FY 1998 Mandatory Funds    September 30, 1999   September 30, 2000

  FY 1998 Discretionary      September 30, 1999   September 30, 2000
  Funds                                           

  FY 1998 Const. /           September 30, 2000   September 30, 2000
  Renovation                                      

  FY 1999 Mandatory Funds    September 30, 2000   September 30, 2001

  FY 1999 Discretionary      September 30, 2000   September 30, 2001
  Funds                                           

  FY 1999 Const. /           September 30, 2001   September 30, 2001
  Renovation                                      
  -------------------------- -------------------- -----------------------

EFFECTIVE Immediately

DATE:

INQUIRIES: Direct all inquiries to the appropriate ACF Regional
Administrator.

/s/

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Elizabeth M. James Duke

Deputy Assistant Secretary

For Administration

**DEPARTMENT OF HEALTH AND HUMAN SERVICES (DHHS)**

**ADMINISTRATION FOR CHILDREN AND FAMILIES (ACF)**

**CHILD CARE AND DEVELOPMENT FUND**

**CONSTRUCTION OR MAJOR RENOVATION FUNDING (TRIBES)**

**TERMS AND CONDITIONS**

# FY 1997

The Personal Responsibility and Work Opportunity Reconciliation Act of
1996 (Public Law 104-193) amended the Child Care and Development Block
Grant (CCDBG) Act of 1990 to allow Tribal Lead Agencies, upon requesting
and receiving approval from the

Administration for Children and Families (ACF), to use Child Care and
Development Fund (CCDF) funds for construction or renovation of child
care facilities.

This award is subject to the following terms and conditions:

1\. These terms and conditions apply to funds for construction or major
renovation. \"Construction\" means the building of a child care facility
which does not currently exist. \"Major Renovation\" involves structural
changes to the foundation, roof, floor, exterior or load-bearing walls
of a facility, or the extension of a facility to increase its floor
area. \"Major Renovation\" also includes any extensive alteration of a
facility such as to significantly change its function and purpose, even
if such renovation does not include any structural change.

2\. The Tribal Lead Agency may not use these funds until its
construction/renovation application is approved by ACF. The Tribal Lead
Agency must administer these funds in accordance with its
construction/renovation application that was approved by ACF and in
accordance with the requirements in Program Instruction ACYF-CC-PI-05,
dated August 18, 1997. These funds must be obligated and liquidated by
September 30, 1999. They are 100% Federal funds and no Tribal match is
required to use these funds.

> Funds, from the Tribal Lead Agency\'s CCDF grant award, have been
> transferred to this separate grant award to be used for construction
> and renovation activities up to the amount of this award and may be
> used for construction and renovation. The balance, if any, must be
> used for allowable CCDF activities. If the Tribal Lead Agency
> determines that all or part of these funds are not needed for
> construction or renovation, it must notify ACF in writing before it
> uses the funds for other allowable CCDF activities. The written 2
> notification must specify the amount of funds that will be used for
> CCDF activities other than construction or renovation.

Mail notification to:

The Administration on Children, Youth and Families

Child Care Bureau

Room 2046, 330 C Street S.W.

Washington, D.C. 20447

3\. CCDF funds used to pay for planning or consultant costs related to
construction or major renovation must come from this grant award (i.e.,
the separate construction and renovation grant award). Prior to ACF
approval of its construction/renovation application, a Tribal Lead
Agency may use CCDF funds from its general Tribal Mandatory or
Discretionary grant award for planning or consultation costs; however,
once ACF approves the application, a retroactive adjustment must be made
to charge these costs to the separate construction and renovation grant
award.

4\. Funds cannot be used to purchase an existing building or facility.

5\. Funds may be used to pay for the costs of constructing or renovating
a modular unit, including the costs of buying and installing the unit,
if such costs were included in the Tribal Lead Agency\'s
construction/renovation application that has been approved by ACF. A
\"modular unit\" is a portable structure made at another location and
moved to a site for use by a Tribe to carry out a CCDF program.

6\. Funds can be used for the costs of a construction or major
renovation project that was ongoing or completed at the time the Tribal
Lead Agency submitted its construction/renovation application, if the
costs were included in the application that has been approved by ACF and
if the project began after October 1, 1996.

7\. Tribal Lead Agencies must submit an original annual financial status
report, ACF-696T, of expenditures within 90 days after the end each
fiscal year until all funds are expended. Tribes are encouraged to
submit final reports as soon as all funds are expended for a fiscal
year.

Mail these reports to:

The Administration on Children, Youth and Families

Child Care Bureau

Room 2046, 330 C Street S.W.

Washington, D.C. 20447

8\. These grant funds may not be used to meet the matching requirements
of other Federal grant programs.

9\. The expenditure of funds under this program is subject to the annual
audit requirements under the Single Audit Act of 1984 (P.L. 98-502) and
the Office of Management and Budget Circular A-133.

10\. Tribal Lead Agencies must comply with Public Law 103-227, Part C
-Environmental Tobacco Smoke, also known as the Pro-Children Act of
1994. This Act requires that smoking not be permitted in any portion of
any indoor facility owned or leased or contracted by an entity and used
routinely or regularly for the provision of health, day care, education,
or library services to children under the age of 18, if the services are
funded by Federal programs either directly or through State and local
governments. Federal programs include grants, cooperative agreements,
loans or loan guarantees, and contracts. The law does not apply to
children\'s services provided in private residences, facilities funded
solely by Medicare or Medicaid funds, and portions of facilities used
for inpatient drug and alcohol treatment.

> The Tribal Lead Agency further agrees that the above language will be
> included in any sub-awards which contain provisions for children\'s
> services and that all subgrantees shall certify compliance
> accordingly. Failure to comply with the provisions of this law may
> result in the imposition of a civil monetary penalty of up to \$1,000
> per day.

The U.S. General Accounting Office maintains a toll free telephone
number, (800) 424-5454, for receiving information concerning fraud,
waste or abuse under grants and cooperative agreements. Such reports are
kept confidential, and callers may decline to give their names if they
choose to remain anonymous.

**DEPARTMENT OF HEALTH AND HUMAN SERVICES (DHHS)**

**ADMINISTRATION FOR CHILDREN AND FAMILIES (ACF)**

**CHILD CARE AND DEVELOPMENT FUND (TRIBES)**

**TERMS AND CONDITIONS**

**FY 1997**

The Child Care and Development Fund includes funds made available under
Section 418 of the Social Security Act, as amended by Title VI of the
Personal Responsibility and Work Opportunity Reconciliation Act
(PRWORA), P.L. 104-193. Title VI of P.L. 104-

193 also amended the Child Care and Development Block Grant Act of 1990.

The Child Care and Development Fund consists of two Federal funding
sources for Tribes, Tribal Mandatory and Discretionary Funds. Tribes
must use these Federal funds in accordance with the requirements of
Title VI of PRWORA of 1996. This award is subject to the following terms
and conditions:

1.  Tribal Mandatory Child Care Fund

> Tribes must administer this program in accordance with their interim
> application for Tribal Mandatory Funds for FY 1997. These funds must
> be obligated and liquidated by September 30, 1999. They are 100%
> Federal funds and no Tribal match is required to use these funds.

Discretionary Child Care Fund

> Tribes must administer this program in accordance with their interim
> application for Tribal Discretionary funds for FY 1997. Tribes must
> liquidate all obligations by September 30, 1999. Discretionary Child
> Care Funds are 100% Federal funds and no Tribal match is required.

2.  Funds used to pay for planning or consultant costs related to
    construction or major renovation must come from the separate
    constructions and renovation grant award. However, prior to ACF
    approval of its construction/renovation application, a tribal Lead
    Agency may use CCDF funds from its general Tribal Mandatory or
    Discretionary grant award for planning or consultation costs;
    however, once ACF approves the application, a retroactive
    adjustments must be made to charge these costs to the separate
    construction and renovation grant award.

3.  Tribes must submit an original annual financial status report,
    ACF-696T, of expenditures within 90 days after the end each fiscal
    year until all funds are expended. Tribes are encouraged to submit
    final reports as soon as all funds are expended for a fiscal year.

Mail these reports to:

The Administration on Children, Youth and Families

Child Care Bureau

Room 2046, 330 C Street S.W.

Washington, D.C. 20447

4.  These grant funds may not be used to meet the matching requirements
    of other Federal grant programs.

5.  The expenditure of funds under this program is subject to the annual
    audit requirements under the Single Audit Act of 1984 (P.L. 98-502)
    and the Office of Management and Budget Circulars A-128 (State
    Agencies) and A-133 (non-profit entities).

6.  Tribes exceeding \$1 million annual allocations for the Tribal
    Mandatory Child Care Fund and the Discretionary Child Care Fund will
    receive quarterly grant awards, at the direction of the Office of
    Management and Budget.

7.  Tribes must comply with Public Law 103-227, Part C --Environmental
    Tobacco Smoke, also known as the Pro-Children Act of 1994. This Act
    requires that smoking not be permitted in any portion of any indoor
    facility owned or leased or contracted by an entity and used
    routinely or regularly for the provision of health, day care,
    education, or library services to children under the age of 18, if
    the services are funded by Federal programs either directly or
    through State and local governments. Federal programs include
    grants, cooperative agreements, loans or loan guarantees, and
    contracts. The law does not apply to children\'s services provided
    in private residences, facilities funded solely by Medicare or
    Medicaid funds, and portions of facilities used for inpatient drug
    and alcohol treatment.

> The Tribe further agrees that the above language will be included in
> any subawards which contain provisions for children\'s services and
> that all subgrantees shall certify compliance accordingly. Failure to
> comply with the provisions of this law may result in the imposition of
> a civil monetary penalty of up to \$1,000 per day.

The U.S. General Accounting Office maintains a toll free telephone
number, (800) 424-5454, for receiving information concerning fraud,
waste or abuse under grants and cooperative agreements. Such reports are
kept confidential, and callers may decline to give their names if they
choose to remain anonymous.

**DEPARTMENT OF HEALTH AND HUMAN SERVICES (DHHS)**

**ADMINISTRATION FOR CHILDREN AND FAMILIES (ACF)**

**CHILD CARE AND DEVELOPMENT FUND CONSTRUCTION OR MAJOR RENOVATION
FUNDING (TRIBES)**

**TERMS AND CONDITIONS**

**FY 1998**

The Personal Responsibility and Work Opportunity Reconciliation Act of
1996 (Public Law 104-193) amended the Child Care and Development Block
Grant (CCDBG) Act of 1990 to allow Tribal Lead Agencies, upon requesting
and receiving approval from the

Administration for Children and Families (ACF), to use Child Care and
Development Fund (CCDF) funds for construction or renovation of child
care facilities.

This award is subject to the following terms and conditions:

1.  These terms and conditions apply to funds for construction or major
    renovation. \"Construction\" means the building of a child care
    facility which does not currently exist. \"Major Renovation\"
    involves structural changes to the foundation, roof, floor, exterior
    or load-bearing walls of a facility, or the extension of a facility
    to increase its floor area. \"Major Renovation\" also includes any
    extensive alteration of a facility such as to significantly change
    its function and purpose, even if such renovation does not include
    any structural change.

2.  The Tribal Lead Agency must administer these funds in accordance
    with its construction/renovation application that was approved by
    ACF and in accordance with the requirements in Program Instruction
    ACYF-CC-PI-05, dated August 18, 1997. These funds must be obligated
    and liquidated by September 30, 2000. They are 100% Federal funds
    and no Tribal match is required to use these funds.

> Funds, from the Tribal Lead Agency\'s CCDF grant award, have been
> transferred to this separate grant award to be used for construction
> and renovation activities up to the amount of this award and may be
> used for construction and renovation. The balance, if any, must be
> used for allowable CCDF activities. If the Tribal Lead Agency
> determines that all or part of these funds are not needed for
> construction or renovation, it must notify ACF in writing before it
> uses the funds for other allowable CCDF activities. The written
> notification must specify the amount of funds that will be used for
> CCDF activities other than construction or renovation.

Mail notification to:

The Administration on Children, Youth and Families

Child Care Bureau

Room 2046, 330 C Street S.W.

Washington, D.C. 20447

3.  CCDF funds used to pay for planning or consultant costs related to
    construction or major renovation must come from this grant award
    (i.e., the separate construction and renovation grant award). Prior
    to ACF approval of its construction/renovation application, a Tribal
    Lead Agency may use CCDF funds from its general Tribal Mandatory or
    Discretionary grant award for planning or consultation costs;
    however, once ACF approves the application, a retroactive adjustment
    must be made to charge these costs to the separate construction and
    renovation grant award.

4.  Funds cannot be used to purchase an existing building or facility.

5.  Funds may be used to pay for the costs of constructing or renovating
    a modular unit, including the costs of buying and installing the
    unit, if such costs were included in the Tribal Lead Agency\'s
    construction/renovation application that has been approved by ACF. A
    \"modular unit\" is a portable structure made at another location
    and moved to a site for use by a Tribe to carry out a CCDF program.

6.  Funds can be used for the costs of a construction or major
    renovation project that was ongoing or completed at the time the
    Tribal Lead Agency submitted its construction/renovation
    application, if the costs were included in the application that has
    been approved by ACF and if the project began after October 1, 1996.

7.  Tribal Lead Agencies must submit an original annual financial status
    report, ACF-696T, of expenditures within 90 days after the end each
    fiscal year until all funds are expended. Tribes are encouraged to
    submit final reports as soon as all funds are expended for a fiscal
    year.

> Mail these reports to:

The Administration on Children, Youth and Families

> Child Care Bureau

Room 2046, 330 C Street S.W.

Washington, D.C. 20447

8.  These grant funds may not be used to meet the matching requirements
    of other Federal grant programs.

9.  The expenditure of funds under this program is subject to the annual
    audit requirements under the Single Audit Act of 1984 (P.L. 98-502)
    and the Office of Management and Budget Circular A-133.

10. Tribal Lead Agencies must comply with Public Law 103-227, Part C
    -Environmental Tobacco Smoke, also known as the Pro-Children Act
    of 1994. This Act requires that smoking not be permitted in any
    portion of any indoor facility owned or leased or contracted by an
    entity and used routinely or regularly for the provision of health,
    day care, education, or library services to children under the age
    of 18, if the services are funded by Federal programs either
    directly or through State and local governments. Federal programs
    include grants, cooperative agreements, loans or loan guarantees,
    and contracts. The law does not apply to children\'s services
    provided in private residences, facilities funded solely by Medicare
    or Medicaid funds, and portions of facilities used for inpatient
    drug and alcohol treatment.

> The Tribal Lead Agency further agrees that the above language will be
> included in any sub-awards which contain provisions for children\'s
> services and that all subgrantees shall certify compliance
> accordingly. Failure to comply with the provisions of this law may
> result in the imposition of a civil monetary penalty of up to \$1,000
> per day.

The U.S. General Accounting Office maintains a toll free telephone
number, (800) 424-5454, for receiving information concerning fraud,
waste or abuse under grants and cooperative agreements. Such reports are
kept confidential, and callers may decline to give their names if they
choose to remain anonymous.

**DEPARTMENT OF HEALTH AND HUMAN SERVICES (DHHS) ADMINISTRATION FOR
CHILDREN AND FAMILIES (ACF) CHILD CARE AND DEVELOPMENT FUND (TRIBES)**

**TERMS AND CONDITIONS**

**FY 1998**

The Child Care and Development Fund includes funds made available under
Section 418 of the Social Security Act, as amended by Title VI of the
Personal Responsibility and Work Opportunity Reconciliation Act
(PRWORA), P.L. 104-193. Title VI of P.L. 104- 193 also amended the Child
Care and Development Block Grant Act of 1990.

The Child Care and Development Fund consists of two Federal funding
sources for Tribes, Tribal Mandatory and Discretionary Funds. Tribes
must use these Federal funds in accordance with the requirements of
Title VI of PRWORA of 1996.

This award is subject to the following terms and conditions:

1.  Tribal Mandatory Child Care Fund

> Tribes must administer this program in accordance with their
> application for Tribal Mandatory Funds for FY 1998. These funds must
> be obligated by September 30, 1999 and liquidated by September 30,
> 2000. They are 100% Federal funds and no Tribal match is required to
> use these funds.

Discretionary Child Care Fund

> Tribes must administer this program in accordance with their
> application for Tribal Discretionary funds for FY 1998. Tribes must
> obligate funds by September 30, 1999 and liquidate all obligations by
> September 30, 2000. Discretionary Child Care Funds are 100% Federal
> funds and no Tribal match is required.

2.  Funds used to pay for planning or consultant costs related to
    construction or major renovation must come from the separate
    constructions and renovation grant award. However, prior to ACF
    approval of its construction/renovation application, a tribal Lead
    Agency may use CCDF funds from its general Tribal Mandatory or
    Discretionary grant award for planning or consultation costs;
    however, once ACF approves the application, a retroactive
    adjustments must be made to charge these costs to the separate
    construction and renovation grant award.

3.  Tribes must submit an original annual financial status report,
    ACF-696T, of expenditures within 90 days after the end each fiscal
    year until all funds are expended. Tribes are encouraged to submit
    final reports as soon as all funds are expended for a fiscal year.

> Mail these reports to:
>
> The Administration on Children, Youth and Families
>
> Child Care Bureau
>
> Room 2046, 330 C Street S.W.
>
> Washington, D.C. 20447

4.  These grant funds may not be used to meet the matching requirements
    of other Federal grant programs.

5.  The expenditure of funds under this program is subject to the annual
    audit requirements under the Single Audit Act of 1984 (P.L. 98-502)
    and the Office of Management and Budget Circulars A-128 (State
    Agencies) and A-133 (non-profit entities).

6.  Tribes exceeding \$1 million cumulative annual allocations for the
    Tribal Mandatory Child Care Fund and the Discretionary Child Care
    Fund will receive quarterly grant awards, at the direction of OMB.

7.  Tribes must comply with Public Law 103-227, Part C -Environmental
    Tobacco Smoke, also known as the Pro-Children Act of 1994. This Act
    requires that smoking not be permitted in any portion of any indoor
    facility owned or leased or contracted by an entity and used
    routinely or regularly for the provision of health, day care,
    education, or library services to children under the age of 18, if
    the services are funded by Federal programs either directly or
    through State and local governments. Federal programs include
    grants, cooperative agreements, loans or loan guarantees, and
    contracts. The law does not apply to children\'s services provided
    in private residences, facilities funded solely by Medicare or
    Medicaid funds, and portions of facilities used for inpatient drug
    and alcohol treatment.

> The Tribe further agrees that the above language will be included in
> any subawards which contain provisions for children\'s services and
> that all subgrantees shall certify compliance accordingly. Failure to
> comply with the provisions of this law may result in the imposition of
> a civil monetary penalty of up to \$1,000 per day.

The U.S. General Accounting Office maintains a toll free telephone
number, (800) 424-5454, for receiving information concerning fraud,
waste or abuse under grants and cooperative agreements. Such reports are
kept confidential, and callers may decline to give their names if they
choose to remain anonymous.

**DEPARTMENT OF HEALTH AND HUMAN SERVICES (DHHS) ADMINISTRATION FOR
CHILDREN AND FAMILIES (ACF)**

**CHILD CARE AND DEVELOPMENT FUND CONSTRUCTION OR MAJOR RENOVATION
FUNDING (TRIBES)**

**TERMS AND CONDITIONS**

**FY 1999**

The Personal Responsibility and Work Opportunity Reconciliation Act of
1996 (Public Law 104-193) amended the Child Care and Development Block
Grant (CCDBG) Act of 1990 to allow Tribal Lead Agencies, upon requesting
and receiving approval from the Administration for Children and Families
(ACF), to use Child Care and Development Fund (CCDF) funds for
construction or renovation of child care facilities.

This award is subject to the following terms and conditions:

1.  These terms and conditions apply to funds for construction or major
    renovation. \"Construction\" means the building of a child care
    facility which does not currently exist. \"Major Renovation\"
    involves structural changes to the foundation, roof, floor, exterior
    or load-bearing walls of a facility, or the extension of a facility
    to increase its floor area. \"Major Renovation\" also includes any
    extensive alteration of a facility such as to significantly change
    its function and purpose, even if such renovation does not include
    any structural change.

2.  The Tribal Lead Agency must administer these funds in accordance
    with its construction/renovation application that was approved by
    ACF and in accordance with the requirements in Program Instruction
    ACYF-CC-PI-05, dated August 18, 1997. These funds must be obligated
    and liquidated by September 30, 2001. They are 100% Federal funds
    and no Tribal match is required to use these funds.

> Funds, from the Tribal Lead Agency\'s CCDF grant award, have been
> transferred to this separate grant award to be used for construction
> and renovation activities up to the amount of this award and may be
> used for construction and renovation. The balance, if any, must be
> used for allowable CCDF activities. If the Tribal Lead Agency
> determines that all or part of these funds are not needed for
> construction or renovation, it must notify ACF in writing before it
> uses the funds for other allowable CCDF activities. The written
> notification must specify the amount of funds that will be used for
> CCDF activities other than construction or renovation.\
> \
> Mail notification to:\
> The Administration on Children, Youth and Families\
> Child Care Bureau\
> Room 2046, 330 C Street S.W.\
> Washington, D.C. 20447

3.  CCDF funds used to pay for planning or consultant costs related to
    construction or major renovation must come from this grant award
    (i.e., the separate construction and renovation grant award). Prior
    to ACF approval of its construction/renovation application, a Tribal
    Lead Agency may use CCDF funds from its general Tribal Mandatory or
    Discretionary grant award for planning or consultation costs;
    however, once ACF approves the application, a retroactive adjustment
    must be made to charge these costs to the separate construction and
    renovation grant award.

4.  Funds cannot be used to purchase an existing building or facility.

5.  Funds may be used to pay for the costs of constructing or renovating
    a modular unit, including the costs of buying and installing the
    unit, if such costs were included in the Tribal Lead Agency\'s
    construction/renovation application that has been approved by ACF. A
    \"modular unit\" is a portable structure made at another location
    and moved to a site for use by a Tribe to carry out a CCDF program.

6.  Funds can be used for the costs of a construction or major
    renovation project that was ongoing or completed at the time the
    Tribal Lead Agency submitted its construction/renovation
    application, if the costs were included in the application that has
    been approved by ACF and if the project began after October 1, 1996.

7.  Tribal Lead Agencies must submit an original annual financial status
    report, ACF-696T, of expenditures within 90 days after the end each
    fiscal year until all funds are expended. Tribes are encouraged to
    submit final reports as soon as all funds are expended for a fiscal
    year.\
    \
    Mail these reports to:\
    The Administration on Children, Youth and Families\
    Child Care Bureau\
    Room 2046, 330 C Street S.W.\
    Washington, D.C. 20447

8.  These grant funds may not be used to meet the matching requirements
    of other Federal grant programs.

9.  The expenditure of funds under this program is subject to the annual
    audit requirements under the Single Audit Act of 1984 (P.L. 98-502)
    and the Office of Management and Budget Circular A-133.

10. Tribal Lead Agencies must comply with Public Law 103-227, Part C
    -Environmental Tobacco Smoke, also known as the Pro-Children Act
    of 1994. This Act requires that smoking not be permitted in any
    portion of any indoor facility owned or leased or contracted by an
    entity and used routinely or regularly for the provision of health,
    day care, education, or library services to children under the age
    of 18, if the services are funded by Federal programs either
    directly or through State and local governments. Federal programs
    include grants, cooperative agreements, loans or loan guarantees,
    and contracts. The law does not apply to children\'s services
    provided in private residences, facilities funded solely by Medicare
    or Medicaid funds, and portions of facilities used for inpatient
    drug and alcohol treatment.\
    \
    The Tribal Lead Agency further agrees that the above language will
    be included in any sub-awards which contain provisions for
    children\'s services and that all subgrantees shall certify
    compliance accordingly. Failure to comply with the provisions of
    this law may result in the imposition of a civil monetary penalty of
    up to \$1,000 per day.

The U.S. General Accounting Office maintains a toll free telephone
number, (800) 424-5454, for receiving information concerning fraud,
waste or abuse under grants and cooperative agreements. Such reports are
kept confidential, and callers may decline to give their names if they
choose to remain anonymous.

**DEPARTMENT OF HEALTH AND HUMAN SERVICES (DHHS)**\
**ADMINISTRATION FOR CHILDREN AND FAMILIES (ACF)**\
**CHILD CARE AND DEVELOPMENT FUND**\
**(TRIBES)**

**TERMS AND CONDITIONS**\
**FY 1999**

The Child Care and Development Fund includes funds made available under
Section 418 of the Social Security Act, as amended by Title VI of the
Personal Responsibility and Work Opportunity Reconciliation Act
(PRWORA), P.L. 104-193. Title VI of P.L. 104-193 also amended the Child
Care and Development Block Grant Act of 1990.

The Child Care and Development Fund consists of two Federal funding
sources for Tribes, Tribal Mandatory and Discretionary Funds. Tribes
must use these Federal funds in accordance with the requirements of
Title VI of PRWORA of 1996.

This award is subject to the following terms and conditions:

**1. Tribal Mandatory Child Care Fund**

> Tribes must administer this program in accordance with their
> application for Tribal Mandatory Funds for FY 1999. **These funds must
> be obligated by September 30, 2000 and liquidated by September 30,
> 2001.** They are 100% Federal funds and no Tribal match is required to
> use these funds.
>
> **Discretionary Child Care Fund**
>
> Tribes must administer this program in accordance with their
> application for Tribal Discretionary funds for FY 1999. **Tribes must
> obligate funds by September 30, 2000 and liquidate all obligations by
> September 30, 2001**. Discretionary Child Care Funds are 100% Federal
> funds and no Tribal match is required.
>
> ***PASSAGE OF P.L. 105-78***
>
> With the passage of P.L. 105-78, additional funds have become
> available for resource and referral activities and school-age care.
> Tribal Lead agencies must spend at least the earmarked amount on
> planning, establishing, operating, expanding, developing, and
> improving resource and referral activities and child care services for
> school-age children.

2\. Funds used to pay for planning or consultant costs related to
construction or major renovation must come from the separate
constructions and renovation grant award. However, prior to ACF approval
of its construction/renovation application, a tribal Lead Agency may use
CCDF funds from its general Tribal Mandatory or Discretionary grant
award for planning or consultation costs; however, once ACF approves the
application, a retroactive adjustments must be made to charge these
costs to the separate construction and renovation grant award.

3\. Tribes must submit an original annual financial status report,
ACF-696T, of expenditures within 90 days after the end each fiscal year
until all funds are expended. Tribes are encouraged to submit final
reports as soon as all funds are expended for a fiscal year.

> Mail these reports to:
>
> The Administration for Children and Families\
> Child Care Bureau\
> Room 2046, 330 C Street, S.W. \
> Washington, D.C. 20447

4\. These grant funds may not be used to meet the matching requirements
of other Federal grant programs.

5\. The expenditure of funds under this program is subject to the annual
audit requirements under the Single Audit Act of 1984 (P.L. 98-502) and
the Office of Management and Budget Circulars A-128 (State Agencies) and
A-133 (non-profit entities).

6\. Tribes exceeding \$1 million cumulative annual allocations for the
Tribal Mandatory Child Care Fund and the Discretionary Child Care Fund
will receive quarterly grant awards, at the direction of OMB.

7\. Tribes must comply with Public Law 103-227, Part C -Environmental
Tobacco Smoke, also known as the Pro-Children Act of 1994. This Act
requires that smoking not be permitted in any portion of any indoor
facility owned or leased or contracted by an entity and used routinely
or regularly for the provision of health, day care, education, or
library services to children under the age of 18, if the services are
funded by Federal programs either directly or through State and local
governments. Federal programs include grants, cooperative agreements,
loans or loan guarantees, and contracts. The law does not apply to
children\'s services provided in private residences, facilities funded
solely by Medicare or Medicaid funds, and portions of facilities used
for inpatient drug and alcohol treatment.

> The Tribe further agrees that the above language will be included in
> any subawards which contain provisions for children\'s services and
> that all subgrantees shall certify compliance accordingly. Failure to
> comply with the provisions of this law may result in the imposition of
> a civil monetary penalty of up to \$1,000 per day.

The U.S. General Accounting Office maintains a toll free telephone
number, (800) 424-5454, for receiving information concerning fraud,
waste or abuse under grants and cooperative agreements. Such reports are
kept confidential, and callers may decline to give their names if they
choose to remain anonymous.