PUBLIC LAW 105-33 —AUG. 5, 1997 111 STAT. 645 (iii) by striking "section—" and all that follows and inserting "subsections (g) and (i) of section 402 (as in effect before October 1, 1995); or"; (C) in subparagraph (B)— (i) by striking "sections" and inserting "subsections"; and (ii) by striking the semicolon at the end and inserting a period; and (D) in the matter following subparagraph (B), by striking "whichever is greater."; and (2) in paragraph (2)— (A) by striking subparagraph (B) and inserting the following: "(B) ALLOTMENTS TO STATES. — The total amount available for payments to States under this paragraph, as determined under subparagraph (A), shall be allotted among the States based on the formula used for determining the amount of Federal payments to each State under section 403(n) (as in effect before October 1, 1995)."; (B) by striking subparagraph (C) and inserting the following: "(C) FEDERAL MATCHING OF STATE EXPENDITURES EXCEEDING HISTORICAL EXPENDITURES.— The Secretary shall pay to each eligible State for a fiscal year an amount equal to the lesser of the State's allotment under subparagraph (B) or the Federal medical assistance percentage for the State for the fiscal year (as defined in section 1905(b), as such section was in effect on September 30, 1995) of so much of the State's expenditures for child care in that fiscal year as exceed the total amount of expenditures by the State (including expenditures from amounts made available from Federal funds) in fiscal year 1994 or 1995 (whichever is greater) for the programs described in paragraph (1)(A)."; and (C) in subparagraph (D)(i>— (i) by striking "amounts under any grant awarded" and inserting "any amounts allotted"; and (ii) by striking "the grant is made" and inserting "such amounts are allotted". (b) DATA USED TO DETERMINE HISTORIC STATE EXPENDI- TURES.— Section 418(a) (42 U.S.C. 618(a)) is amended by adding at the end the following: "(5) DATA USED TO DETERMINE STATE AND FEDERAL SHARES OF EXPENDITURES. — In making the determinations concerning expenditures required under paragraphs (1) and (2)(C), the Secretary shall use information that was reported by the State on ACF Form 231 and available as of the applicable dates specified in clauses (i)(I), (ii), and (iii)(III) of section 403(a)(1)(D). ". (c) DEFINITION OF STATE. —Section 418(d) (42 U.S.C. 618(d)) is amended by striking "or" and inserting "and". SEC. 5602. ADDITIONAL CONFORMING AND TECHNICAL AMENDMENTS. The Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.) is amended— (1) in section 658E(c)(2)(E)(ii), by striking "tribal organiza- 42 USC 9858c. tion" and inserting "tribal organizations";
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