104 STAT. 1388-240 PUBLIC LAW 101-508—NOV. 5, 1990 in the State on a sliding fee scale basis using funding methods provided for in section 658E(c)(2)(A), with priority being given for services provided to children of families with very low family incomes (taking into consideration family size) and to children with special / needs; and "(ii) activities designed to improve the availability and quality of child care. "(C) ACTIVITIES TO IMPROVE THE QUALITY OF CHILD CARE AND TO INCREASE THE AVAILABILITY OF EARLY CHILDHOOD DEVELOPMENT AND BEFORE- AND AFTER-SCHOOL CARE SERV- ICES.— 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 658G) and to provide before- and after-school aVid early childhood development services (as described in section 658H). "(4) PAYMENT RATES.— "(A) IN GENERAL.—The State plan shall provide assurances 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 children to comparable child care services in the State or substate area that are provided to children whose parents are not eligible to receive assistance under this subchapter or for child care assistance under any other Federal or State programs. 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 children with special needs. "(B) CONSTRUCTION.—Nothing in this paragraph shall be construed to create a private right of action. "(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 sharing by the families 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. 42 USC 9858d. SEC. 658F.59 LIMITATIONS ON STATE ALLOTMENTS. "(a) No ENTITLEMENT TO CONTRACT OR GRANT. —Nothing in this subchapter shall be construed— "(1) to entitle any child care provider or recipient of a child care certificate to any contract, grant or benefit; or "(2) to limit the right of any State to impose additional limitations or conditions on contracts or grants funded under this subchapter. " (b) CONSTRUCTION OF FACILITIES. — "(1) IN GENERAL.— No funds made available under this subchapter shall be expended for the purchase or improvement of land, or for the purchase, construction, or permanent improvement (other than minor remodeling) of any building or facility. "(2) SECTARIAN AGENCY OR ORGANIZATION.— In the case of a sectarian agency or organization, no funds made available under this subchapter may be used for the purposes described in "* So in original. Probably should be " "SEC. 658F.".
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