-CITE-
    42 USC CHAPTER 105 - COMMUNITY SERVICES PROGRAMS            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

-HEAD-
                 CHAPTER 105 - COMMUNITY SERVICES PROGRAMS             


-MISC1-
               SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT           
    Sec.                                                     
    9801.       Statement of purpose.                                 
    9802.       "Community development corporation" defined.          
    9803.       Repealed.                                             
    9804.       Advisory Community Investment Board.                  

             PART A - URBAN AND RURAL SPECIAL IMPACT PROGRAMS         
    9805.       Statement of purpose.                                 
    9806.       Establishment and scope of programs.                  
    9807.       Financial assistance requirements.                    
    9808.       Federal share; amount; availability; ownership of
                 property acquired with Federal financial assistance. 

                      PART B - SPECIAL RURAL PROGRAMS                  
    9809.       Statement of purpose.                                 
    9810.       Financial assistance to low-income families, local
                 cooperative associations, and local public or private
                 nonprofit organizations or entities; amount,
                 purposes, etc.                                       
    9811.       Limitation on assistance.                             

       PART C - DEVELOPMENT LOANS TO COMMUNITY ECONOMIC DEVELOPMENT
                                 PROGRAMS
    9812.       Development loan fund.                                
    9812a.      Interest rates payable on certain rural development
                 loans; assignment of loan contracts.                 
    9813.       Model Community Economic Development Finance
                 Corporation; establishment; functions.               

                PART D - SUPPORTIVE PROGRAMS AND ACTIVITIES            
    9814.       Training and technical assistance.                    
    9815.       Small Business Administration and Department of
                 Commerce economic development programs; regulations. 
    9816.       Department of Housing and Urban Development programs. 
    9817.       Department of Agriculture; Rural Development
                 Administration programs.                             
    9818.       Coordination and eligibility.                         
    9819.       Evaluation of programs; implementation and funding,
                 etc.; research and demonstration projects;
                 implementation and purposes.                         
    9820.       Grants to plan economic development and cooperative
                 programs.                                            
    9821.       Nondiscrimination provisions.                         
    9822.       Availability of certain appropriated funds.           

                    SUBCHAPTER II - HEAD START PROGRAMS                
    9831.       Statement of purpose.                                 
    9832.       Definitions.                                          
    9833.       Financial assistance for Head Start programs.         
    9834.       Authorization of appropriations.                      
    9835.       Allotment of funds.                                   
    9835a.      Repealed.                                             
    9836.       Designation of Head Start agencies.                   
    9836a.      Quality standards; monitoring of Head Start agencies
                 and programs.                                        
    9837.       Powers and functions of Head Start agencies.          
    9837a.      Head Start transition.                                
    9838.       Submission of plans to chief executive officer.       
    9839.       Administrative requirements and standards.            
    9840.       Participation in Head Start programs.                 
    9840a.      Early Head Start programs for families with infants
                 and toddlers.                                        
    9841.       Appeals, notice, hearing, and mediation; alternative
                 agency for Indian tribe.                             
    9842.       Records and audits.                                   
    9843.       Technical assistance and training.                    
    9843a.      Staff qualifications and development.                 
    9844.       Research, demonstrations, and evaluation.             
    9845.       Repealed.                                             
    9846.       Reports.                                              
    9846a, 9847. Repealed.                                            
    9848.       Comparability of wages.                               
    9849.       Nondiscrimination provisions.                         
    9850.       Limitation with respect to certain unlawful
                 activities.                                          
    9851.       Political activities.                                 
    9852.       Advance funding.                                      
    9852a.      Repealed.                                             

              SUBCHAPTER II-A - HEAD START TRANSITION PROJECT          
    9855 to 9855g. Repealed.                                          

         SUBCHAPTER II-B - CHILD CARE AND DEVELOPMENT BLOCK GRANT     
    9858.       Authorization of appropriations.                      
    9858a.      Establishment of block grant program.                 
    9858b.      Lead agency.                                          
    9858c.      Application and plan.                                 
    9858d.      Limitations on State allotments.                      
    9858e.      Activities to improve quality of child care.          
    9858f.      Repealed.                                             
    9858g.      Administration and enforcement.                       
    9858h.      Payments.                                             
    9858i.      Reports and audits.                                   
    9858j.      Report by Secretary.                                  
    9858k.      Limitations on use of financial assistance for certain
                 purposes.                                            
    9858l.      Nondiscrimination.                                    
    9858m.      Amounts reserved; allotments.                         
    9858n.      Definitions.                                          
    9858o.      Parental rights and responsibilities.                 
    9858p.      Severability.                                         
    9858q.      Miscellaneous provisions.                             

           SUBCHAPTER II-C - CHILD CARE SAFETY AND HEALTH GRANTS       
    9859.       Definitions.                                          
    9859a.      Authorization of appropriations.                      
    9859b.      Programs.                                             
    9859c.      Amounts reserved; allotments.                         
    9859d.      State applications.                                   
    9859e.      Use of funds.                                         
    9859f.      Reports.                                              

                 SUBCHAPTER III - FOLLOW THROUGH PROGRAMS             
    9861 to 9869. Repealed.                                           

     SUBCHAPTER IV - GRANTS TO STATES FOR PLANNING AND DEVELOPMENT OF
              DEPENDENT CARE PROGRAMS AND FOR OTHER PURPOSES
    9871.       Authorization of appropriations.                      
    9872.       Allotments.                                           
    9873.       Payments under allotments to States.                  
    9874.       Use of allotments.                                    
    9875.       Application and description of activities;
                 requirements.                                        
    9876.       Report.                                               
    9877.       Definitions.                                          

          SUBCHAPTER V - COMPREHENSIVE CHILD DEVELOPMENT PROGRAM      
    9881 to 9887. Repealed.                                           

-End-


-CITE-
    42 USC SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT        01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT

-HEAD-
               SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT           

-COD-
                               CODIFICATION                           
      Subchapter is based on subchapter A of chapter 8 of subtitle A of
    title VI of Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 489, as amended.

-End-



-CITE-
    42 USC Sec. 9801                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT

-HEAD-
    Sec. 9801. Statement of purpose

-STATUTE-
      The purpose of this subchapter is to encourage the development of
    special programs by which the residents of urban and rural low-
    income areas may, through self-help and mobilization of the
    community at large, with appropriate Federal assistance, improve
    the quality of their economic and social participation in community
    life in such a way as to contribute to the elimination of poverty
    and the establishment of permanent economic and social benefits.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 612, Aug. 13, 1981, 95 Stat. 489.)


-MISC1-
                       SHORT TITLE OF 1998 AMENDMENT                   
      Pub. L. 105-285, Sec. 1, Oct. 27, 1998, 112 Stat. 2702, provided
    that: "This Act [see Tables for classification] may be cited as the
    'Community Opportunities, Accountability, and Training and
    Educational Services Act of 1998' or the 'Coats Human Services
    Reauthorization Act of 1998'."
      Pub. L. 105-285, title I, Sec. 101, Oct. 27, 1998, 112 Stat.
    2703, provided that: "This title [enacting section 9837a of this
    title, amending sections 9831 to 9835, 9836 to 9837, 9838 to 9840a,
    9843 to 9844, and 9846 of this title, and repealing sections 9852a
    and 9855 to 9855g of this title and provisions set out as a note
    under this section] may be cited as the 'Head Start Amendments of
    1998'."

                       SHORT TITLE OF 1996 AMENDMENT                   
      Pub. L. 104-193, title VI, Sec. 601(a), Aug. 22, 1996, 110 Stat.
    2278, provided that: "This title [enacting section 618 of this
    title, amending sections 9858, 9858b to 9858e, 9858g to 9858j,
    9858m, and 9858n of this title, repealing section 9858f of this
    title, enacting provisions set out as notes under section 9858 of
    this title, and amending provisions set out as a note below] may be
    cited as the 'Child Care and Development Block Grant Amendments of
    1996'."

                       SHORT TITLE OF 1994 AMENDMENT                   
      Pub. L. 103-252, Sec. 1, May 18, 1994, 108 Stat. 623, provided
    that: "This Act [see Tables for classification] may be cited as the
    'Human Services Amendments of 1994'."
      Pub. L. 103-252, title I, Sec. 101(a), May 18, 1994, 108 Stat.
    624, provided that: "This title [enacting sections 9836a, 9840a,
    9843a, and 9852a of this title, transferring sections 3161 to 3161g
    of Title 20, Education, to sections 1235 to 1235g of Title 20,
    respectively, amending sections 1396r-5, 9832 to 9835, 9836, 9837,
    9839, 9840, 9841, 9843, 9844, 9846, 9855a, 9871, and 10905 of this
    title and sections 1235, 1235a, and 1235c to 1235e of Title 20,
    repealing sections 9835a, 9845, 9846a, 9847, and 9881 to 9887 of
    this title, enacting provisions set out as notes under sections
    9832, 9839, 9844, and 9881 of this title, and repealing provisions
    set out as notes under this section and section 9881 of this title]
    may be cited as the 'Head Start Act Amendments of 1994'."

                       SHORT TITLE OF 1992 AMENDMENT                   
      Pub. L. 102-401, Sec. 1, Oct. 7, 1992, 106 Stat. 1956, provided
    that: "This Act [amending sections 9835 to 9839, 9846, 9846a, and
    9858n of this title and enacting provisions set out as notes under
    sections 9835 and 9836 of this title] may be cited as the 'Head
    Start Improvement Act of 1992'."

                       SHORT TITLE OF 1990 AMENDMENT                   
      Pub. L. 101-501, Sec. 1(a), Nov. 3, 1990, 104 Stat. 1222,
    provided that: "This Act [see Tables for classification] may be
    cited as the 'Augustus F. Hawkins Human Services Reauthorization
    Act of 1990'."
      Pub. L. 101-501, title I, Sec. 101, Nov. 3, 1990, 104 Stat. 1224,
    provided that: "This subtitle [subtitle A (Secs. 101-123) of title
    I of Pub. L. 101-501, enacting sections 9835a and 9846a of this
    title and amending sections 9831, 9832, 9834, 9835, 9836 to 9841,
    9843 to 9846, 9847, and 9848 of this title] may be cited as the
    'Head Start Expansion and Quality Improvement Act'."
      Pub. L. 101-501, title I, Sec. 131, Nov. 3, 1990, 104 Stat. 1238,
    provided that subtitle B (Secs. 131-140) of title I of Pub. L. 101-
    501, enacting subchapter II-A of this chapter and amending section
    9834 of this title, could be cited as the "Head Start Transition
    Project Act", prior to repeal by Pub. L. 105-285, title I, Sec.
    119, Oct. 27, 1998, 112 Stat. 2728.

                       SHORT TITLE OF 1989 AMENDMENT                   
      Pub. L. 101-120, Sec. 1, Oct. 23, 1989, 103 Stat. 700, provided
    that: "This Act [amending section 9834 of this title] may be cited
    as the 'Head Start Supplemental Authorization Act of 1989'."

                       SHORT TITLE OF 1988 AMENDMENT                   
      Pub. L. 100-297, title II, Sec. 2501, Apr. 28, 1988, 102 Stat.
    325, provided that part E (Secs. 2501-2504) of title II of Pub. L.
    100-297, which enacted subchapter V of this chapter, amended
    section 9833 of this title, and enacted provisions set out as notes
    under this section and section 9881 of this title, could be cited
    as the "Comprehensive Child Development Centers Act of 1988", prior
    to repeal by Pub. L. 103-252, title I, Sec. 112(b)(1), (2)(A), May
    18, 1994, 108 Stat. 640, 641.

                       SHORT TITLE OF 1986 AMENDMENT                   
      Pub. L. 99-425, Sec. 1, Sept. 30, 1986, 100 Stat. 966, provided:
    "That this Act [enacting sections 8628a, 9812a, 9910b, and 10901 to
    10905 of this title, amending sections 8621, 8623, 8624, 8629,
    9803, 9834, 9835, 9837, 9840, 9862, 9867, 9871, 9874, 9877, 9901 to
    9904, 9905a, 9908 to 9910, and 9910a of this title and section 4033
    of Title 20, Education, enacting provisions set out as notes under
    this section and sections 8621, 8623, and 10901 of this title, and
    amending provisions set out as notes under section 9861 of this
    title and section 1932 of Title 7, Agriculture] may be cited as the
    'Human Services Reauthorization Act of 1986'."

                       SHORT TITLE OF 1984 AMENDMENT                   
      Pub. L. 98-558, Sec. 1, Oct. 30, 1984, 98 Stat. 2878, provided:
    "That this Act [enacting sections 9871 to 9877, 9905a, and 9910a of
    this title and sections 1070d-31 to 1070d-41, 1119d to 1119d-8,
    1119e to 1119e-5, and 4201 to 4206 of Title 20, Education, amending
    sections 2991b, 2992b to 2992d, 6862, 6865, 8621 to 8624, 8626,
    8627, 8629, 9832, 9834 to 9836, 9840, 9843, 9844, 9846, 9862, 9901,
    9902, 9904, 9908, and 9910 of this title and section 4061 of Title
    20, enacting provisions set out as notes under sections 2991, 8621,
    and 9904 of this title, and amending provisions set out as a note
    under section 9861 of this title] may be cited as the 'Human
    Services Reauthorization Act'."

                                SHORT TITLE                            
      Section 611 of subchapter A (Secs. 611-633) of chapter 8 of
    subtitle A of title VI of Pub. L. 97-35 provided that: "This
    subchapter [enacting this subchapter] may be cited as the
    'Community Economic Development Act of 1981'."
      Section 635 of subchapter B (Secs. 635-657) of chapter 8 of
    subtitle A of title VI of Pub. L. 97-35 provided that: "This
    subchapter [enacting subchapter II of this chapter] may be cited as
    the 'Head Start Act'."
      Section 658A(a) of subchapter C (Sec. 658A et seq.) of chapter 8
    of subtitle A of title VI of Pub. L. 97-35, as added by Pub. L. 101-
    508, title V, Sec. 5082(2), Nov. 5, 1990, 104 Stat. 1388-236, and
    amended by Pub. L. 102-401, Sec. 3(a), Oct. 7, 1992, 106 Stat.
    1959; Pub. L. 102-586, Sec. 8(c)(1), Nov. 4, 1992, 106 Stat. 5036;
    Pub. L. 104-193, title VI, Sec. 602(2), Aug. 22, 1996, 110 Stat.
    2279, provided that: "This subchapter [enacting subchapter II-B of
    this chapter] may be cited as the 'Child Care and Development Block
    Grant Act of 1990'."
      Section 661 of subchapter D [formerly C] (Secs. 661-670) of
    chapter 8 of subtitle A of title VI of Pub. L. 97-35, as renumbered
    by Pub. L. 101-508, title V, Sec. 5082(1), Nov. 5, 1990, 104 Stat.
    1388-236, and amended by Pub. L. 102-401, Sec. 3(a), Oct. 7, 1992,
    106 Stat. 1959; Pub. L. 102-586, Sec. 8(c)(1), Nov. 4, 1992, 106
    Stat. 5036, provided that former subchapter III of this chapter
    could be cited as the "Follow Through Act", prior to repeal by Pub.
    L. 103-382, title III, Sec. 391(w), Oct. 20, 1994, 108 Stat. 4025.
      Section 670H of subchapter E [formerly D] (Secs. 670A-670H) of
    chapter 8 of subtitle A of title VI of Pub. L. 97-35, as added by
    Pub. L. 99-425, title III, Sec. 304, Sept. 30, 1986, 100 Stat. 968,
    renumbered by Pub. L. 101-508, title V, Sec. 5082(1), Nov. 5, 1990,
    104 Stat. 1388-236, and amended by Pub. L. 102-401, Sec. 3(a), Oct.
    7, 1992, 106 Stat. 1959; Pub. L. 102-586, Sec. 8(c)(1), Nov. 4,
    1992, 106 Stat. 5036, provided that: "This subchapter [enacting
    subchapter IV of this chapter] may be cited as the 'State Dependent
    Care Development Grants Act'."
      Section 670M of subchapter F [formerly E] (Secs. 670M-670T) of
    chapter 8 of subtitle A of title VI of Pub. L. 97-35, as added by
    Pub. L. 100-297, title II, Sec. 2503, Apr. 28, 1988, 102 Stat. 325,
    renumbered by Pub. L. 101-508, title V, Sec. 5082(1), Nov. 5, 1990,
    104 Stat. 1388-236, and amended by Pub. L. 102-401, Sec. 3(a), Oct.
    7, 1992, 106 Stat. 1959; Pub. L. 102-586, Sec. 8(c)(1), Nov. 4,
    1992, 106 Stat. 5036, provided that former subchapter V of this
    chapter could be cited as the "Comprehensive Child Development
    Act", prior to repeal by Pub. L. 103-252, title I, Sec. 112(b)(1),
    (2)(B), May 18, 1994, 108 Stat. 640, 641.

     INCONSISTENT LAWS SUPERSEDED DURING FISCAL YEARS 1982, 1983, AND
                                   1984
      Section 601 of subtitle A (Secs. 601-670) of title VI of Pub. L.
    97-35 provided that:
      "(a) Any provision of law which is not consistent with the
    provisions of this subtitle hereby is superseded and shall have
    only such force and effect during each of the fiscal years 1982,
    1983, and 1984 which is consistent with this subtitle.
      "(b) Notwithstanding any authorization of appropriations for
    fiscal year 1982, 1983, or 1984 contained in any provision of law
    which is specified in this subtitle, no funds are authorized to be
    appropriated in excess of the limitations imposed upon
    appropriations by the provisions of this subtitle."

-End-



-CITE-
    42 USC Sec. 9802                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT

-HEAD-
    Sec. 9802. "Community development corporation" defined

-STATUTE-
      For purposes of this subchapter, the term "community development
    corporation" means a nonprofit organization responsible to
    residents of the area it serves which is receiving financial
    assistance under part A of this subchapter and any organization
    more than 50 percent of which is owned by such an organization, or
    otherwise controlled by such an organization, or designated by such
    an organization for the purpose of this subchapter.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 613, Aug. 13, 1981, 95 Stat. 489.)

-End-



-CITE-
    42 USC Sec. 9803                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT

-HEAD-
    Sec. 9803. Repealed.

-MISC1-
    Sec. 9803. Repealed. Pub. L. 105-285, title II, Sec. 202(b)(1),
      Oct. 27, 1998, 112 Stat. 2755.
      Section, Pub. L. 97-35, title VI, Sec. 614, Aug. 13, 1981, 95
    Stat. 489; Pub. L. 99-425, title IV, Sec. 405(c)(3), Sept. 30,
    1986, 100 Stat. 970, related to source of funds for carrying out
    this subchapter.

-End-



-CITE-
    42 USC Sec. 9804                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT

-HEAD-
    Sec. 9804. Advisory Community Investment Board

-STATUTE-
    (a) National Community Investment Board; functions, composition,
      etc.
      (1) The President is authorized to establish a National Advisory
    Community Investment Board (hereinafter in this section referred to
    as the "Investment Board"). Such Investment Board shall be composed
    of 15 members appointed, for staggered terms and without regard to
    the civil service laws, by the President, in consultation with the
    Secretary of Health and Human Services (hereinafter in this
    subchapter referred to as the "Secretary"). Such members shall be
    representative of the investment and business communities and
    appropriate fields of endeavor related to this subchapter. The
    Investment Board shall meet at the call of the chairperson, but not
    less often than 3 times each year. The Secretary and the
    administrator of community economic development programs shall be
    ex officio members of the Investment Board.
      (2) The Secretary shall carry out the provisions of this
    subchapter through an appropriate office.
    (b) Function
      The Investment Board shall promote cooperation between private
    investors and businesses and community development corporation
    projects through - 
        (1) advising the Secretary and the community development
      corporations on ways to facilitate private investment;
        (2) advising businesses and other investors of opportunities in
      community development corporation projects; and
        (3) advising the Secretary, community development corporations,
      and private investors and businesses of ways in which they might
      engage in mutually beneficial efforts.
    (c) Local advisory community investment boards; establishment,
      composition, etc.
      The governing body of each Community Development Corporation may
    establish an advisory community investment board composed of not to
    exceed 15 members who shall be appointed by the governing body
    after consultation with appropriate local officials. Each such
    board shall promote cooperation between private investors and
    businesses and the governing body of the Community Development
    Corporation through - 
        (1) advising the governing body on ways to facilitate private
      investors;
        (2) advising businesses and other investors of opportunities in
      Community Development Corporation projects; and
        (3) advising the governing body, private investors, and
      businesses of ways in which they might engage in mutually
      beneficial efforts.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 615, Aug. 13, 1981, 95 Stat. 489;
    Pub. L. 105-285, title II, Sec. 202(b)(2), Oct. 27, 1998, 112 Stat.
    2755.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The civil service laws, referred to in subsec. (a)(1), are set
    forth in Title 5, Government Organization and Employees. See,
    particularly, section 3301 et seq. of Title 5.


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (a)(2). Pub. L. 105-285 substituted "through an
    appropriate office" for "through the Office of Community Services
    established in section 9905(a) of this title".

                      TERMINATION OF ADVISORY BOARDS                  
      Advisory boards established after Jan. 5, 1973, to terminate not
    later than the expiration of the 2-year period beginning on the
    date of their establishment, unless, in the case of a board
    established by the President or an officer of the Federal
    Government, such board is renewed by appropriate action prior to
    the expiration of such 2-year period, or in the case of a board
    established by the Congress, its duration is otherwise provided for
    by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972,
    86 Stat. 770, 776, set out in the Appendix to Title 5, Government
    Organization and Employees.

-End-


-CITE-
    42 USC Part A - Urban and Rural Special Impact Programs     01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT
    Part A - Urban and Rural Special Impact Programs

-HEAD-
             PART A - URBAN AND RURAL SPECIAL IMPACT PROGRAMS         

-End-



-CITE-
    42 USC Sec. 9805                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT
    Part A - Urban and Rural Special Impact Programs

-HEAD-
    Sec. 9805. Statement of purpose

-STATUTE-
      The purpose of this part is to establish special programs of
    assistance to nonprofit private locally initiated community
    development corporations which (1) are directed to the solution of
    the critical problems existing in particular communities or
    neighborhoods (defined without regard to political or other
    subdivisions or boundaries) within those urban and rural areas
    having concentrations or substantial numbers of low-income persons;
    (2) are of sufficient size, scope, and duration to have an
    appreciable impact in such communities, neighborhoods, and rural
    areas in arresting tendencies toward dependency, chronic
    unemployment, and community deterioration; (3) hold forth the
    prospect of continuing to have such impact after the termination of
    financial assistance under this part; and (4) provide financial and
    other assistance to start, expand, or locate enterprises in or near
    the area to be served so as to provide employment and ownership
    opportunities for residents of such areas, including those who are
    disadvantaged in the labor market because of their limited
    speaking, reading, and writing abilities in the English language.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 616, Aug. 13, 1981, 95 Stat. 490.)

-End-



-CITE-
    42 USC Sec. 9806                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT
    Part A - Urban and Rural Special Impact Programs

-HEAD-
    Sec. 9806. Establishment and scope of programs

-STATUTE-
      (a) The Secretary is authorized to provide financial assistance
    in the form of grants to nonprofit and for profit community
    development corporations and other affiliated and supportive
    agencies and organizations associated with qualifying community
    development corporations for the payment of all or part of the cost
    of programs which are designed to carry out the purposes of this
    part. Financial assistance shall be provided so that each community
    economic development program is of sufficient size, scope, and
    duration to have an appreciable impact on the area served. Such
    programs may include - 
        (1) community business and commercial development programs,
      including (A) programs which provide financial and other
      assistance (including equity capital) to start, expand, or locate
      businesses in or near the area served so as to provide employment
      and ownership opportunities for residents of such areas; and (B)
      programs for small businesses located in or owned by residents of
      such areas;
        (2) community physical development programs, including
      industrial parks and housing activities, which contribute to an
      improved environment and which create new training, employment
      and ownership opportunities for residents of such area;
        (3) training and public service employment programs and related
      services for unemployed or low-income persons which support and
      complement community development programs financed under this
      part, including, without limitation, activities such as the
      activities described in title I of the Workforce Investment Act
      of 1998 [29 U.S.C. 2801 et seq.]; and
        (4) social service programs which support and complement
      community business and commercial development programs financed
      under this part, including child care, educational services,
      health services, credit counseling, energy conservation,
      recreation services, and programs for the maintenance of housing
      facilities.

      (b) The Secretary shall conduct programs assisted under this part
    so as to contribute, on an equitable basis between urban and rural
    areas, to the elimination of poverty and the establishment of
    permanent economic and social benefits in such areas.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 617, Aug. 13, 1981, 95 Stat. 491;
    Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 405(d)(40),
    (f)(31)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-427, 2681-434.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Workforce Investment Act of 1998, referred to in subsec.
    (a)(3), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as
    amended. Title I of the Act is classified principally to chapter 30
    (Sec. 2801 et seq.) of Title 29, Labor. For complete classification
    of this Act to the Code, see Short Title note set out under section
    9201 of Title 20, Education, and Tables.


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (a)(3). Pub. L. 105-277, Sec. 101(f) [title VIII,
    Sec. 405(f)(31)], struck out "the Job Training Partnership Act or"
    after "activities described in".
      Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(d)(40)],
    substituted "activities such as the activities described in the Job
    Training Partnership Act or title I of the Workforce Investment Act
    of 1998" for "activities such as those described in the
    Comprehensive Employment and Training Act".

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by section 101(f) [title VIII, Sec. 405(d)(40)] of Pub.
    L. 105-277 effective Oct. 21, 1998, and amendment by section 101(f)
    [title VIII, Sec. 405(f)(31)] of Pub. L. 105-277 effective July 1,
    2000, see section 101(f) [title VIII, Sec. 405(g)(1), (2)(B)] of
    Pub. L. 105-277, set out as a note under section 3502 of Title 5,
    Government Organization and Employees.

-End-



-CITE-
    42 USC Sec. 9807                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT
    Part A - Urban and Rural Special Impact Programs

-HEAD-
    Sec. 9807. Financial assistance requirements

-STATUTE-
    (a) Conditions
      The Secretary, under such regulations as the Secretary may
    establish, shall not provide financial assistance for any community
    economic development program under this part unless the Secretary
    determines that - 
        (1) such community development corporation is responsible to
      residents of the area served (A) through a governing body not
      less than 50 percent of the members of which are area residents;
      and (B) in accordance with such other guidelines as may be
      established by the Secretary, except that the composition of the
      governing bodies of organizations owned or controlled by the
      community development corporation need not be subject to such
      residency requirement;
        (2) the program will be appropriately coordinated with local
      planning under this subchapter with housing and community
      development programs, with employment and training programs, and
      with other relevant planning for physical and human resources in
      the areas served;
        (3) adequate technical assistance is made available and
      committed to the programs being supported;
        (4) such financial assistance will materially further the
      purposes of this part;
        (5) the applicant is fulfilling or will fulfill a need for
      services, supplies, or facilities which is otherwise not being
      met;
        (6) all projects and related facilities will, to the maximum
      feasible extent, be located in the areas served;
        (7) projects will, where feasible, promote the development of
      entrepreneurial and management skills and the ownership or
      participation in ownership of assisted businesses and housing,
      cooperatively or otherwise, by residents of the area served;
        (8) projects will be planned and carried out with the fullest
      possible participation of resident or local businessmen and
      representatives of financial institutions, including
      participation through contract, joint venture, partnership, stock
      ownership or membership on the governing boards or advisory
      councils of such projects consistent with the self-help purposes
      of this subchapter;
        (9) no participant will be employed on projects involving
      political parties, or the construction, operation, or maintenance
      of so much of any facility as is used or to be used for sectarian
      instruction or as a place for religious worship;
        (10) the program will not result in the displacement of
      employed workers or impair existing contracts for services, or
      result in the substitution of Federal or other funds in
      connection with work that would otherwise be performed;
        (11) the rates of pay for time spent in work training and
      education, and other conditions of employment, will be
      appropriate and reasonable in the light of such factors as the
      type of work, geographical region, and proficiency of the
      participant;
        (12) the program will, to the maximum extent feasible,
      contribute to the occupational development or upward mobility of
      individual participants;
        (13) preference will be given to low-income or economically
      disadvantaged residents of the areas served in filling jobs and
      training opportunities; and
        (14) training programs carried out in connection with projects
      financed under this part shall be designed wherever feasible to
      provide those persons who successfully complete such training
      with skills which are also in demand in communities,
      neighborhoods, or rural areas other than those for which programs
      are established under this part.
    (b) Relocations substantially increasing unemployment
      Financial assistance under this section shall not be extended to
    assist in the relocation of establishments from one location to
    another if such relocation would result in a substantial increase
    in unemployment in the area of original location.
    (c) Community economic development program; application;
      specification of goals
      Financial assistance for commercial development under this part
    shall not be extended until the community economic development
    program that has applied for assistance under this subchapter has
    specified in some detail its development goals and its development
    timetable. The Secretary, in providing continued financial
    assistance to a community economic development program, shall give
    serious consideration to the experience such program has had in
    meeting development goals or in adhering to development timetables.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 618, Aug. 13, 1981, 95 Stat. 491.)

-End-



-CITE-
    42 USC Sec. 9808                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT
    Part A - Urban and Rural Special Impact Programs

-HEAD-
    Sec. 9808. Federal share; amount; availability; ownership of
      property acquired with Federal financial assistance

-STATUTE-
      (a)(1) Assistance provided under this subchapter to any program
    described in section 9807(a) of this title shall not exceed 90
    percent of the cost of such program, including costs of
    administration, unless the Secretary determines that the assistance
    in excess of such percentage is required in furtherance of the
    purposes of this subchapter. Non-Federal contributions may be in
    cash or in kind, fairly evaluated, including but not limited to
    plant, equipment, and services.
      (2) The assistance referred to in paragraph (1) shall be made
    available (A) for deposit to the order of grantees which have
    demonstrated successful program performance, under conditions which
    the Secretary deems appropriate, within 30 days following approval
    of the grant agreement by the Secretary and such grantee; or (B)
    whenever the Secretary deems appropriate, in accordance with
    applicable rules and regulations prescribed by the Secretary of the
    Treasury, and including any other conditions which the Secretary of
    Health and Human Services deems appropriate, within 30 days
    following approval of the grant agreement by the Secretary and such
    grantee.
      (b) Property acquired as a result of capital investments made by
    any community development corporation with funds granted as its
    Federal share of the cost of programs carried out under this
    subchapter, and the proceeds from such property, shall become the
    property of the community development corporation and shall not be
    considered to be Federal property. The Federal Government retains
    the right to direct that on severance of the grant relationship the
    assets purchased with grant funds shall continue to be used for the
    original purpose for which they were granted.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 619, Aug. 13, 1981, 95 Stat. 493.)

-End-


-CITE-
    42 USC Part B - Special Rural Programs                      01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT
    Part B - Special Rural Programs

-HEAD-
                      PART B - SPECIAL RURAL PROGRAMS                  

-End-



-CITE-
    42 USC Sec. 9809                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT
    Part B - Special Rural Programs

-HEAD-
    Sec. 9809. Statement of purpose

-STATUTE-
      It is the purpose of this part to meet the special economic needs
    of rural communities or areas with concentrations or substantial
    numbers of low-income persons by providing support to self-help
    programs which promote economic development and independence, as a
    supplement to existing similar programs conducted by other
    departments and agencies of the Federal Government. Such programs
    should encourage low-income families to pool their talents and
    resources so as to create and expand rural economic enterprise.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 620, Aug. 13, 1981, 95 Stat. 493.)

-End-



-CITE-
    42 USC Sec. 9810                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT
    Part B - Special Rural Programs

-HEAD-
    Sec. 9810. Financial assistance to low-income families, local
      cooperative associations, and local public or private nonprofit
      organizations or entities; amount, purposes, etc.

-STATUTE-
      (a) The Secretary is authorized to provide financial assistance,
    including loans having a maximum maturity of fifteen years and in
    amounts not resulting in an aggregate principal indebtedness of
    more than $3,500 at any one time, to any low-income rural family
    where, in the judgment of the Secretary, such financial assistance
    has a reasonable possibility of effecting a permanent increase in
    the income of such families, or will contribute to the improvement
    of their living or housing conditions, by assisting or permitting
    them to - 
        (1) acquire or improve real estate or reduce encumbrances or
      erect improvements thereon;
        (2) operate or improve the operation of farms not larger than
      family sized, including but not limited to the purchase of feed,
      seed, fertilizer, livestock, poultry, and equipment; or
        (3) participate in cooperative associations, or finance
      nonagricultral (!1) enterprises which will enable such families
      to supplement their income.


      (b) The Secretary is authorized to provide financial assistance
    to local cooperative associations or local public and private
    nonprofit organizations or agencies in rural areas containing
    concentrations or substantial numbers of low-income persons for the
    purpose of defraying all or part of the costs of establishing and
    operating cooperative programs for farming, purchasing, marketing,
    processing, and to improve their income as producers and their
    purchasing power as consumers, and to provide such essentials as
    credit and health services. Costs which may be defrayed shall
    include - 
        (1) administrative costs of staff and overhead;
        (2) costs of planning and developing new enterprises;
        (3) costs of acquiring technical assistance; and
        (4) initial capital where it is determined by the Secretary
      that the poverty of the families participating in the program and
      the social conditions of the rural area require such assistance.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 621, Aug. 13, 1981, 95 Stat. 493.)

-FOOTNOTE-
    (!1) So in original. Probably should be "nonagricultural".


-End-



-CITE-
    42 USC Sec. 9811                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT
    Part B - Special Rural Programs

-HEAD-
    Sec. 9811. Limitation on assistance

-STATUTE-
      No financial assistance shall be provided under this part unless
    the Secretary determines that - 
        (1) any cooperative association receiving assistance has a
      minimum of fifteen active members, a majority of which are low-
      income rural persons;
        (2) adequate technical assistance is made available and
      committed to the programs being supported;
        (3) such financial assistance will materially further the
      purposes of this part; and
        (4) the applicant is fulfilling or will fulfill a need for
      services, supplies, or facilities which is otherwise not being
      met.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 622, Aug. 13, 1981, 95 Stat. 494.)

-End-


-CITE-
    42 USC Part C - Development Loans to Community Economic
                     Development Programs                  01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT
    Part C - Development Loans to Community Economic Development
              Programs                                

-HEAD-
       PART C - DEVELOPMENT LOANS TO COMMUNITY ECONOMIC DEVELOPMENT
                                 PROGRAMS

-End-



-CITE-
    42 USC Sec. 9812                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT
    Part C - Development Loans to Community Economic Development
              Programs                                

-HEAD-
    Sec. 9812. Development loan fund

-STATUTE-
    (a) Authorities, scope, and purposes; conditions; interest rate;
      repayment
      The Secretary is authorized to make or guarantee loans (either
    directly or in cooperation with banks or other organizations
    through agreements to participate on an immediate or deferred
    basis) to community development corporations, to families and local
    cooperatives and the designated supportive organizations of
    cooperatives eligible for financial assistance under this
    subchapter, to private nonprofit organizations receiving assistance
    under chapter 106 of this title, or to public and private nonprofit
    organizations or agencies, for business facilities and community
    development projects, including community development credit
    unions, which the Secretary determines will carry out the purposes
    of this part. No loans, guarantees, or other financial assistance
    shall be provided under this section unless the Secretary
    determines that - 
        (1) there is reasonable assurance of repayment of the loan;
        (2) the loan is not otherwise available on reasonable terms
      from private sources or other Federal, State, or local programs;
      and
        (3) the amount of the loan, together with other funds
      available, is adequate to assure completion of the project or
      achievement of the purposes for which the loan is made.

    Loans made by the Secretary pursuant to this section shall bear
    interest at a rate not less than a rate determined by the Secretary
    of the Treasury taking into consideration the average market yield
    on outstanding Treasury obligations of comparable maturity, plus
    such additional charge, if any, toward covering other costs of the
    program as the Secretary of Health and Human Services may determine
    to be consistent with its purposes, except that, for the 5 years
    following the date in which funds are initially available to the
    borrower, the rate of interest shall be set at a rate considered
    appropriate by the Secretary in light of the particular needs of
    the borrower, which rate shall not be lower than 1 percent. All
    such loans shall be repayable within a period of not more than 30
    years.
    (b) Adjustment of interest rates, moratorium on principal and
      interest, etc.
      The Secretary is authorized to adjust interest rates, grant
    moratoriums on repayment of principal and interest, collect or
    compromise any obligations held by the Secretary, and to take such
    other actions in respect to such loans as the Secretary shall
    determine to be necessary or appropriate, consistent with the
    purposes of this section.
    (c) Establishment, funding, etc.
      (1) To carry out the lending and guaranty functions authorized
    under this part, there shall be established a Development Loan Fund
    consisting of two separate accounts, one of which shall be a
    revolving fund called the Rural Development Loan Fund and the other
    of which shall be a revolving fund called the Community Development
    Loan Fund. The capital of each such revolving fund shall remain
    available until expended.
      (2) The Rural Development Loan Fund shall consist of the
    remaining funds provided for in part A of title III of the Economic
    Opportunity Act of 1964 [42 U.S.C. 2841 et seq.], as in effect on
    September 19, 1972, and such amounts as may be deposited in such
    fund by the Secretary out of funds made available from
    appropriations for purposes of carrying out this part. The
    Secretary shall utilize the services of the Farmers Home
    Administration,(!1) or the Rural Development Administration in
    administering such fund.

      (3) The Community Development Loan Fund shall consist of such
    amounts as may be deposited in such fund by the Secretary out of
    funds made available from appropriations for purposes of carrying
    out this subchapter. The Secretary may make deposits in the
    Community Development Loan Fund in any fiscal year in which the
    Secretary has made available for grants to community development
    corporations under this subchapter not less than $60,000,000 out of
    funds made available from appropriations for purposes of carrying
    out this subchapter.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 623, Aug. 13, 1981, 95 Stat. 494;
    Pub. L. 101-624, title XXIII, Sec. 2303(f)(1), Nov. 28, 1990, 104
    Stat. 3981.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Chapter 106 of this title, referred to in subsec. (a), was in the
    original "subtitle B of this title", meaning subtitle B (Sec. 671
    et seq.) of title VI of Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 511,
    as amended, known as the Community Services Block Grant Act, which
    is classified generally to chapter 106 (Sec. 9901 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 9901 of this title and
    Tables.
      The Economic Opportunity Act of 1964, referred to in subsec.
    (c)(2), is Pub. L. 88-452, Aug. 20, 1964, 78 Stat. 508, as amended.
    Part A of title III of the Economic Opportunity Act of 1964 was
    classified generally to part A (Sec. 2841 et seq.) of subchapter
    III of chapter 34 of this title prior to repeal by Pub. L. 97-35,
    title VI, Sec. 683(a), Aug. 13, 1981, 95 Stat. 519. For complete
    classification of this Act to the Code, see Tables.


-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (c)(2). Pub. L. 101-624 inserted ", or the Rural
    Development Administration" after "Farmers Home Administration".


-TRANS-
                           TRANSFER OF FUNCTIONS                       
      Functions relating to administration of Community Development
    Credit Union Revolving Loan Fund transferred from Secretary of
    Health and Human Services to National Credit Union Administration
    Board by Pub. L. 99-609, set out as a note under section 9822 of
    this title.

-FOOTNOTE-
    (!1) So in original. The comma probably should not appear.


-End-



-CITE-
    42 USC Sec. 9812a                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT
    Part C - Development Loans to Community Economic Development
              Programs                                

-HEAD-
    Sec. 9812a. Interest rates payable on certain rural development
      loans; assignment of loan contracts

-STATUTE-
    (a) Modification of interest rates
      Notwithstanding any other provision of law - 
        (1) any outstanding loan made after December 31, 1982, by the
      Secretary of Health and Human Services; or
        (2) any loan made after September 30, 1986;

    with moneys from the Rural Development Loan Fund established by
    section 9812(c)(1) of this title or with funds available (before
    October 27, 1998) under section 9910(a) of this title (as in effect
    before October 27, 1998) to an intermediary borrower shall bear
    interest at a fixed rate equal to the rate of interest that was in
    effect on the date of issuance for loans made in 1980 with such
    moneys or such funds if the weighted average rate of interest for
    all loans made after December 31, 1982, by such intermediary
    borrower with such moneys or such funds does not exceed the sum of
    6 percent and the rate of interest payable under this subsection by
    such intermediary borrower.
    (b) Assignment of certain loan contracts
      Any contract for a loan made during the period beginning on
    December 31, 1982, and ending on September 30, 1986, with - 
        (1) moneys from the Rural Development Loan Fund established by
      section 9812(c)(1) of this title; or
        (2) funds available (before October 27, 1998) under section
      9910(a) of this title (as in effect before October 27, 1998);

    to an intermediary borrower that is a county government may be
    assigned by such borrower to an entity to which such loan could
    have been made for the purpose for which such contract was made.
    Any entity to which such contract is so assigned shall be
    substituted as a party to such contract and shall be obligated to
    carry out such contract and the purpose for which such contract was
    made.

-SOURCE-
    (Pub. L. 99-425, title IV, Sec. 407(a), (b), Sept. 30, 1986, 100
    Stat. 971; Pub. L. 105-285, title II, Sec. 202(c), Oct. 27, 1998,
    112 Stat. 2755.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 9910 of this title, referred to in subsecs. (a) and
    (b)(2), was in the original a reference to section 681 of Pub. L.
    97-35. Section 681 of Pub. L. 97-35 was omitted, and a new section
    681 enacted, in the general amendment of chapter 106 of this title
    by Pub. L. 105-285, title II, Sec. 201, Oct. 27, 1998, 112 Stat.
    2728. The new section 681 is classified to section 9922 of this
    title.

-COD-
                               CODIFICATION                           
      Section was enacted as part of the Human Services Reauthorization
    Act of 1986, and not as part of the Community Economic Development
    Act of 1981 which comprises this subchapter.


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (a). Pub. L. 105-285, Sec. 202(c)(1), in
    concluding provisions, inserted "(before October 27, 1998)" after
    "funds available" and "(as in effect before October 27, 1998)"
    after "9910(a) of this title".
      Subsec. (b)(2). Pub. L. 105-285, Sec. 202(c)(2), inserted
    "(before October 27, 1998)" after "funds available" and "(as in
    effect before October 27, 1998)" after "9910(a) of this title".

                              EFFECTIVE DATE                          
      Section effective Oct. 1, 1986, see section 1001 of Pub. L. 99-
    425, set out as an Effective Date of 1986 Amendment note under
    section 8621 of this title.

      TRANSFER OF LOAN BY UTAH OR OHIO LOCAL PUBLIC BODY TO NONPROFIT
                                CORPORATION
      Pub. L. 99-500, Sec. 101(a) [title VI, Sec. 640], Oct. 18, 1986,
    100 Stat. 1783, 1783-35, and Pub. L. 99-591, Sec. 101(a) [title VI,
    Sec. 640], Oct. 30, 1986, 100 Stat. 3341, 3341-35, purported to
    amend section 623B(b)(2) of the Community Economic Development Act
    of 1981, a nonexistent section of that Act (Pub. L. 99-35, title
    VI, Sec. 611 et seq.), by adding at the end thereof the following
    new sentence: "Notwithstanding any other provision of law, any Utah
    or Ohio local public body to which a loan was made after December
    31, 1982, from the Rural Development Loan Fund may, at the
    discretion of such local public body and with the approval of the
    Secretary of Health and Human Services, transfer such loan to a
    nonprofit corporation designated by such body to serve as an
    intermediate borrower and to carry out the purposes of the loan."

-End-



-CITE-
    42 USC Sec. 9813                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT
    Part C - Development Loans to Community Economic Development
              Programs                                

-HEAD-
    Sec. 9813. Model Community Economic Development Finance
      Corporation; establishment; functions

-STATUTE-
      To the extent he deems appropriate, the Secretary shall utilize
    funds available under this part to prepare a plan of action for the
    establishment of a Model Community Economic Development Finance
    Corporation to provide a user-controlled independent and
    professionally operated long-term financing vehicle with the
    principal purpose of providing financial support for community
    economic development corporations, cooperatives, other affiliated
    and supportive agencies and organizations associated with community
    economic development corporations, and other entities eligible for
    assistance under this subchapter.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 624, Aug. 13, 1981, 95 Stat. 495.)

-End-


-CITE-
    42 USC Part D - Supportive Programs and Activities          01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT
    Part D - Supportive Programs and Activities

-HEAD-
                PART D - SUPPORTIVE PROGRAMS AND ACTIVITIES            

-End-



-CITE-
    42 USC Sec. 9814                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT
    Part D - Supportive Programs and Activities

-HEAD-
    Sec. 9814. Training and technical assistance

-STATUTE-
    (a) Grants, contracts, and other arrangements; preconditions
      The Secretary shall provide, directly or through grants,
    contracts, or other arrangements, such technical assistance and
    training of personnel as may be required to effectively implement
    the purposes of this subchapter. No financial assistance shall be
    provided to any public or private organization under this section
    unless the Secretary provides the beneficiaries of these services
    with opportunity to participate in the selection of and to review
    the quality and utility of the services furnished them by such
    organization.
    (b) Technical assistance to community development corporations and
      urban and rural cooperatives
      Technical assistance to community development corporations and
    both urban and rural cooperatives may include planning, management,
    legal assistance or support, preparation of feasibility studies,
    product development, marketing, and the provision of stipends to
    encourage skilled professionals to engage in full-time activities
    under the direction of a community organization financially
    assisted under this subchapter.
    (c) Training for employees of community development corporations
      and employees and members of urban and rural cooperatives
      Training for employees of community development corporations and
    for employees and members of urban and rural cooperatives shall
    include on-the-job training, classroom instruction, and
    scholarships to assist them in development, managerial,
    entrepreneurial, planning, and other technical and organizational
    skills which will contribute to the effectiveness of programs
    assisted under this subchapter.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 625, Aug. 13, 1981, 95 Stat. 496.)

-End-



-CITE-
    42 USC Sec. 9815                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT
    Part D - Supportive Programs and Activities

-HEAD-
    Sec. 9815. Small Business Administration and Department of Commerce
      economic development programs; regulations

-STATUTE-
      (a)(1) Funds granted under this subchapter which are invested
    directly or indirectly, in a small investment company, local
    development company, limited small business investment company, or
    small business investment company licensee under section 681(d)
    (!1) of title 15 shall be included as "private paid-in capital and
    paid-in surplus", "combined paid-in capital and paid-in surplus",
    and "paid-in capital" for purposes of sections 682, 683, and 696,
    respectively, of title 15.

      (2) Not later than 90 days after August 13, 1981, the
    Administrator of the Small Business Administration, after
    consultation with the Secretary, shall promulgate regulations to
    ensure the availability to community development corporations of
    such programs as shall further the purposes of this subchapter,
    including programs under section 637(a) of title 15.
      (b)(1) Areas selected for assistance under this subchapter shall
    be deemed "redevelopment areas" within the meaning of section 401
    of the Publc (!2) Works and Economic Development Act of 1965,(!1)
    shall qualify for assistance under the provisions of title I and
    title II of such Act, and shall be deemed to have met the overall
    economic development program requirements of section 202(b)(10) of
    such Act.

      (2) Not later than 90 days after August 13, 1981, the Secretary
    of Commerce shall prescribe regulations which will ensure that
    community development corporations and cooperatives shall qualify
    for assistance and shall be eligible to receive such assistance
    under all such programs of the Economic Development Administration
    as shall further the purposes of this subchapter.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 626, Aug. 13, 1981, 95 Stat. 496.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 681(d) of title 15, referred to in subsec. (a)(1), was
    repealed by Pub. L. 104-208, div. D, title II, Sec. 208(b)(3)(A),
    Sept. 30, 1996, 110 Stat. 3009-742.
      The Public Works and Economic Development Act of 1965, referred
    to in subsec. (b)(1), is Pub. L. 89-136, Aug. 26, 1965, 79 Stat.
    552, as amended. Titles I to VI of the Act of 1965 were repealed
    and new titles I to VI were enacted by Pub. L. 105-393, title I,
    Sec. 102(a), Nov. 13, 1998, 112 Stat. 3597. As so enacted, section
    401 of the Act no longer defines "redevelopment areas" and section
    202 of the Act no longer contains a subsec. (b). For complete
    classification of this Act to the Code, see Short Title note set
    out under section 3121 of this title and Tables.

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) So in original. Probably should be "Public".


-End-



-CITE-
    42 USC Sec. 9816                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT
    Part D - Supportive Programs and Activities

-HEAD-
    Sec. 9816. Department of Housing and Urban Development programs

-STATUTE-
      The Secretary of Housing and Urban Development, after
    consultation with the Secretary, shall take all necessary steps to
    assist community development corporations and local cooperative
    associations to qualify for and receive (1) such assistance in
    connection with technical assistance, counseling to tenants and
    homeowners, and loans to sponsors of low-income and moderate-income
    housing under section 106 of the Housing and Urban Development Act
    of 1968 [12 U.S.C. 1701x], as amended by section 811 of the Housing
    and Community Development Act of 1974; (2) such land for housing
    and business location and expansion under title I of the Housing
    and Community Development Act of 1974 [42 U.S.C. 5301 et seq.]; and
    (3) such funds for comprehensive planning under section 701 of the
    Housing Act of 1954,(!1) as amended by section 401 of the Housing
    and Community Development Act of 1974, as shall further the
    purposes of this subchapter.


-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 627, Aug. 13, 1981, 95 Stat. 497.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 811 of the Housing and Community Development Act of 1974,
    referred to in text, is section 811 of Pub. L. 93-383, title VIII,
    Aug. 22, 1974, 88 Stat. 735, which amended section 1701x of Title
    12, Banks and Banking.
      The Housing and Community Development Act of 1974, referred to in
    text, is Pub. L. 93-383, Aug. 22, 1974, 88 Stat. 633, as amended.
    Title I of the Housing and Community Development Act of 1974 is
    classified principally to chapter 69 (Sec. 5301 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 5301 of this title and
    Tables.
      Section 701 of the Housing Act of 1954, referred to in text, is
    section 701 of act Aug. 2, 1954, ch. 649, 68 Stat. 640, as amended,
    which was classified to section 461 of former Title 40, Public
    Buildings, Property, and Works, and was repealed by Pub. L. 97-35,
    title III, 313(b), Aug. 13, 1981, 95 Stat. 398.
      Section 401 of the Housing and Community Development Act of 1974,
    referred to in text, is section 401 of Pub. L. 93-383, title IV,
    Aug. 22, 1974, 88 Stat. 686, subsecs. (a) and (b) of which amended
    section 461 of former Title 40, Public Buildings, Property, and
    Works, prior to its repeal by Pub. L. 97-35, and subsec. (c) of
    which amended section 460 of former Title 40.


-MISC1-
    CAPACITY BUILDING FOR COMMUNITY DEVELOPMENT AND AFFORDABLE HOUSING
      Pub. L. 103-120, Sec. 4, Oct. 27, 1993, 107 Stat. 1148, as
    amended by Pub. L. 105-18, title II, Sec. 10004, June 12, 1997, 111
    Stat. 201, provided that:
      "(a) In General. - The Secretary is authorized to provide
    assistance through the National Community Development Initiative,
    Local Initiatives Support Corporation, The Enterprise Foundation,
    Habitat for Humanity, and Youthbuild USA to develop the capacity
    and ability of community development corporations and community
    housing development organizations to undertake community
    development and affordable housing projects and programs.
      "(b) Form of Assistance. - Assistance under this section may be
    used for - 
        "(1) training, education, support, and advice to enhance the
      technical and administrative capabilities of community
      development corporations and community housing development
      organizations;
        "(2) loans, grants, or predevelopment assistance to community
      development corporations and community housing development
      organizations to carry out community development and affordable
      housing activities that benefit low-income families; and
        "(3) such other activities as may be determined by the National
      Community Development Initiative, Local Initiatives Support
      Corporation, The Enterprise Foundation, Habitat for Humanity, and
      Youthbuild USA in consultation with the Secretary.
      "(c) Matching Requirement. - Assistance provided under this
    section shall be matched from private sources in an amount equal to
    3 times the amount made available under this section.
      "(d) Implementation. - The Secretary shall by notice establish
    such requirements as may be necessary to carry out the provisions
    of this section. The notice shall take effect upon issuance.
      "(e) Authorization. - There are authorized to be appropriated
    $25,000,000 for fiscal year 1994 to carry out this section."

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    42 USC Sec. 9817                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT
    Part D - Supportive Programs and Activities

-HEAD-
    Sec. 9817. Department of Agriculture; Rural Development
      Administration programs

-STATUTE-
      The Secretary of Agriculture or, where appropriate, the
    Administrator of the Farmers Home Administration, or of the Rural
    Development Administration, after consultation with the Secretary
    of Health and Human Services, shall take all necessary steps to
    ensure that community development corporations and local
    cooperative associations shall qualify for and shall receive - 
        (1) such assistance in connection with housing development
      under the Housing Act of 1949, as amended [42 U.S.C. 1441 et
      seq.];
        (2) such assistance in connection with housing, business,
      industrial, and community development under the Consolidated
      Farmers Home Administration Act of 1961 [7 U.S.C. 1921 et seq.]
      and the Rural Development Act of 1972; and
        (3) such further assistance under all such programs of the
      United States Department of Agriculture; as shall further the
      purposes of this subchapter.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 628, Aug. 13, 1981, 95 Stat. 497;
    Pub. L. 101-624, title XXIII, Sec. 2303(f)(2), Nov. 28, 1990, 104
    Stat. 3981.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Housing Act of 1949, referred to in par. (1), is act July 15,
    1949, ch. 338, 63 Stat. 413, as amended, which is classified
    principally to chapter 8A (Sec. 1441 et seq.) of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1441 of this title and Tables.
      The Consolidated Farmers Home Administration Act of 1961,
    referred to in par. (2), is title III of Pub. L. 87-128, Aug. 8,
    1961, 75 Stat. 307, as amended, which was redesignated the
    Consolidated Farm and Rural Development Act by Pub. L. 92-419, Sec.
    101, Aug. 30, 1972, 86 Stat. 657, and is classified principally to
    chapter 50 (Sec. 1921 et seq.) of Title 7, Agriculture. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 1921 of Title 7 and Tables.
      The Rural Development Act of 1972, referred to in par. (2), is
    Pub. L. 92-419, Aug. 30, 1972, 86 Stat. 657, as amended. For
    complete classification of this Act to the Code, see Short Title of
    1972 Amendment note set out under section 1921 of Title 7.


-MISC1-
                                AMENDMENTS                            
      1990 - Pub. L. 101-624 substituted "Department of Agriculture;
    Rural Development Administration programs" for "Department of
    Agriculture and Farmers Home Administration programs" in section
    catchline and inserted ", or of the Rural Development
    Administration" after "of the Farmers Home Administration" in text.

-End-



-CITE-
    42 USC Sec. 9818                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT
    Part D - Supportive Programs and Activities

-HEAD-
    Sec. 9818. Coordination and eligibility

-STATUTE-
      (a) The Secretary shall take all necessary and appropriate steps
    to encourage Federal departments and agencies and State and local
    governments to make grants, provide technical assistance, enter
    into contracts, and generally support and cooperate with community
    development corporations and local cooperative associations.
      (b) Eligibility for assistance under other Federal programs shall
    not be denied to any applicant on the ground that it is a community
    development corporation or any other entity assisted under this
    subchapter.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 629, Aug. 13, 1981, 95 Stat. 497.)

-End-



-CITE-
    42 USC Sec. 9819                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT
    Part D - Supportive Programs and Activities

-HEAD-
    Sec. 9819. Evaluation of programs; implementation and funding,
      etc.; research and demonstration projects; implementation and
      purposes

-STATUTE-
      (a) Each program for which grants are made under this subchapter
    shall provide for a thorough evaluation of the effectiveness of the
    program in achieving its purposes, which evaluation shall be
    conducted by such public or private organizations as the Secretary
    in consultation with existing grantees familiar with programs
    carried out under the Community Services Block Grant Act [42 U.S.C.
    9901 et seq.] may designate, and all or part of the costs of
    evaluation may be paid from funds appropriated to carry out this
    part. In evaluating the performance of any community development
    corporation funded under part A of this subchapter, the criteria
    for evaluation shall be based upon such program objectives, goals,
    and priorities as are consistent with the purposes of this
    subchapter and were set forth by such community development
    corporation in its proposal for funding as approved and agreed upon
    by or as subsequently modified from time to time by mutual
    agreement between the Secretary and such community development
    corporation.
      (b) The Secretary shall conduct, either directly or through
    grants or other arrangements, research and demonstration projects
    designed to suggest new programs and policies to achieve the
    purposes of this subchapter in such ways as to provide
    opportunities for employment, ownership, and a better quality of
    life for low-income residents.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 630, Aug. 13, 1981, 95 Stat. 497.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Community Services Block Grant Act, referred to in subsec.
    (a), is subtitle B (Sec. 671 et seq.) of title VI of Pub. L. 97-35,
    Aug. 13, 1981, 95 Stat. 511, as amended, which is classified
    generally to chapter 106 (Sec. 9901 et seq.) of this title. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 9901 of this title and Tables.

-End-



-CITE-
    42 USC Sec. 9820                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT
    Part D - Supportive Programs and Activities

-HEAD-
    Sec. 9820. Grants to plan economic development and cooperative
      programs

-STATUTE-
      In order to facilitate the purposes of this subchapter, the
    Secretary is authorized to provide financial assistance to any
    public or private nonprofit agency or organization for planning of
    community economic development programs and cooperative programs
    under this subchapter.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 631, Aug. 13, 1981, 95 Stat. 498.)

-End-



-CITE-
    42 USC Sec. 9821                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT
    Part D - Supportive Programs and Activities

-HEAD-
    Sec. 9821. Nondiscrimination provisions

-STATUTE-
      (a) The Secretary shall not provide financial assistance for any
    program, project, or activity under this subchapter unless the
    grant or contract with respect thereto specifically provides that
    no person with responsibilities in the operation thereof will
    discriminate with respect to any such program, project, or activity
    because of race, creed, color, national origin, sex, political
    affiliation, or beliefs.
      (b) No person in the United States shall on the ground of sex be
    excluded from participation in, be denied the benefits of, be
    subjected to discrimination under, or be denied employment in
    connection with any program or activity receiving assistance under
    this subchapter. The Secretary shall enforce the provisions of the
    preceding sentence in accordance with section 2000d-1 of this
    title. Section 2000d-2 of this title shall apply with respect to
    any action taken by the Secretary to enforce such sentence. This
    section shall not be construed as affecting any other legal remedy
    that a person may have if such person is excluded from
    participation in, denied the benefits of, subjected to
    discrimination under, or denied employment in connection with, any
    program, project, or activity receiving assistance under this
    subchapter.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 632, Aug. 13, 1981, 95 Stat. 498.)

-End-



-CITE-
    42 USC Sec. 9822                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT
    Part D - Supportive Programs and Activities

-HEAD-
    Sec. 9822. Availability of certain appropriated funds

-STATUTE-
      Funds appropriated to the Rural Development Loan Fund under title
    VII of the Economic Opportunity Act of 1964 [42 U.S.C. 2981 et
    seq.] (as in effect on August 12, 1981), and interest accumulated
    in such fund, shall be deposited in the Rural Development Loan Fund
    established under section 9812(c)(1) of this title and shall
    continue to be available to carry out the purposes of such fund.
    Funds appropriated to the Community Development Credit Union
    Revolving Loan Fund under title VII of the Economic Opportunity Act
    of 1964 (as in effect on August 12, 1981), and interest accumulated
    in such fund, shall continue to be available to carry out the
    purposes of such fund.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 633, Aug. 13, 1981, 95 Stat. 498.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Economic Opportunity Act of 1964, referred to in text, is
    Pub. L. 88-452, Aug. 20, 1964, 78 Stat. 508, as amended. Title VII
    of the Economic Opportunity Act of 1964 was classified generally to
    subchapter VII (Sec. 2981 et seq.) of chapter 34 of this title,
    prior to repeal by Pub. L. 97-35, title VI, Sec. 683(a), Aug. 13,
    1981, 95 Stat. 519. For complete classification of this Act to the
    Code, see Tables.

-COD-
                               CODIFICATION                           
      "August 12, 1981" substituted in text for "the day before the
    date of the enactment of this Act".


-MISC1-
    TRANSFER OF COMMUNITY DEVELOPMENT CREDIT UNION REVOLVING LOAN FUND
      Pub. L. 99-609, Nov. 6, 1986, 100 Stat. 3475, provided that:

      "SECTION 1. SHORT TITLE.
      "This Act may be cited as the 'Community Development Credit Union
    Revolving Loan Fund Transfer Act'.

      "SEC. 2. TRANSFER OF COMMUNITY DEVELOPMENT CREDIT UNION REVOLVING
        LOAN FUND.
      "(a) Administration of Fund by NCUA. - 
        "(1) In general. - Beginning on the date of the enactment of
      this Act [Nov. 6, 1986], the National Credit Union Administration
      Board shall administer the Community Development Credit Union
      Revolving Loan Fund.
        "(2) Transfer of authority. - All authority to carry out the
      purposes of the Fund and to prescribe regulations in connection
      with the administration of the Fund which, on the day before the
      date of the enactment of this Act, was vested in the Secretary of
      Health and Human Services shall vest on such date in the Board.
      Except as provided in subsection (c), the Secretary shall have no
      further responsibility with respect to the Fund.
      "(b) Continued Availability of Appropriated Funds. - All funds
    appropriated to the Fund and interest accumulated in the Fund which
    continue to be available under section 633 of the Omnibus Budget
    Reconciliation Act of 1981 [42 U.S.C. 9822] shall continue to be
    available to the Board to carry out the purposes of the Fund.
      "(c) Transfer of Assets; Etc. - The Secretary shall transfer to
    the National Credit Union Administration all assets, liabilities,
    grants, contracts, property, records, and funds held, used, arising
    from, or available to the Secretary in connection with the
    administration of the Fund before the end of the 60-day period
    beginning on the date of the enactment of this Act [Nov. 6, 1986].
      "(d) Savings Provisions. - 
        "(1) Regulations. - Any regulations prescribed by the Secretary
      in connection with the administration of the Fund shall continue
      in effect until superseded by regulations prescribed by the
      Board.
        "(2) Existing rights, duties, and obligations not affected. -
      Subsection (a) shall not be construed as affecting the validity
      of any right, duty, or obligation of the United States or any
      other person arising under or pursuant to any contract, loan, or
      other instrument or agreement which was in effect on the day
      before the date of the enactment of this Act [Nov. 6, 1986].
        "(3) Continuation of suits. - No action or other proceeding
      commenced by or against the Secretary in connection with the
      administration of the Fund shall abate by reason of the enactment
      of this Act, except that the Board shall be substituted for the
      Secretary as a party to any such action or proceeding.
      "(e) Definitions. - For purposes of this section - 
        "(1) Board. - The term 'Board' means the National Credit Union
      Administration Board.
        "(2) Fund. - The term 'Fund' means the Community Development
      Credit Union Revolving Loan Fund established under title VII of
      the Economic Opportunity Act of 1964 [see References in Text note
      above] (as in effect before the date of the enactment of the
      Omnibus Budget Reconciliation Act of 1981 [Aug. 13, 1981]).
        "(3) Secretary. - The term 'Secretary' means the Secretary of
      Health and Human Services."

-End-


-CITE-
    42 USC SUBCHAPTER II - HEAD START PROGRAMS                  01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-
                    SUBCHAPTER II - HEAD START PROGRAMS                

-COD-
                               CODIFICATION                           
      Subchapter is based on subchapter B of chapter 8 of subtitle A of
    title VI of Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 499, as amended.

-End-



-CITE-
    42 USC Sec. 9831                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-
    Sec. 9831. Statement of purpose

-STATUTE-
      It is the purpose of this subchapter to promote school readiness
    by enhancing the social and cognitive development of low-income
    children through the provision, to low-income children and their
    families, of health, educational, nutritional, social, and other
    services that are determined, based on family needs assessments, to
    be necessary.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 636, Aug. 13, 1981, 95 Stat. 499;
    Pub. L. 101-501, title I, Sec. 102, Nov. 3, 1990, 104 Stat. 1224;
    Pub. L. 105-285, title I, Sec. 102, Oct. 27, 1998, 112 Stat. 2703.)


-MISC1-
                                AMENDMENTS                            
      1998 - Pub. L. 105-285 amended section catchline and text
    generally. Prior to amendment, text read as follows:
      "(a) In recognition of the role which Project Head Start has
    played in the effective delivery of comprehensive health,
    educational, nutritional, social, and other services to
    economically disadvantaged children and their families, it is the
    purpose of this subchapter to extend the authority for the
    appropriation of funds for such program.
      "(b) In carrying out the provisions of this subchapter, the
    Secretary of Health and Human Services shall continue the
    administrative arrangement responsible for meeting the needs of
    migrant, non-English language background, and Indian children and
    shall assure that appropriate funding is provided to meet such
    needs."
      1990 - Subsec. (b). Pub. L. 101-501 inserted ", non-English
    language background," after "migrant".

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-501 effective Oct. 1, 1990, see section
    1001(a) of Pub. L. 101-501, set out as a note under section 8621 of
    this title.

                                SHORT TITLE                            
      For short title of this subchapter as the "Head Start Act", see
    section 635 of Pub. L. 97-35, set out as a note under section 9801
    of this title.

-End-



-CITE-
    42 USC Sec. 9832                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-
    Sec. 9832. Definitions

-STATUTE-
      For purposes of this subchapter:
        (1) The term "child with a disability" means - 
          (A) a child with a disability, as defined in section 1401(3)
        of title 20; and
          (B) an infant or toddler with a disability, as defined in
        section 1432(5) of title 20.

        (2) The term "delegate agency" means a public, private
      nonprofit, or for-profit organization or agency to which a
      grantee has delegated all or part of the responsibility of the
      grantee for operating a Head Start program.
        (3) The term "family literacy services" means services that are
      of sufficient intensity in terms of hours, and of sufficient
      duration, to make sustainable changes in a family, and that
      integrate all of the following activities:
          (A) Interactive literacy activities between parents and their
        children.
          (B) Training for parents regarding how to be the primary
        teacher for their children and full partners in the education
        of their children.
          (C) Parent literacy training that leads to economic self-
        sufficiency.
          (D) An age-appropriate education to prepare children for
        success in school and life experiences.

        (4) The term "financial assistance" includes assistance
      provided by grant, agreement, or contract, and payments may be
      made in installments and in advance or by way of reimbursement
      with necessary adjustments on account of overpayments or
      underpayments.
        (5) The term "full calendar year" means all days of the year
      other than Saturday, Sunday, and a legal public holiday.
        (6) The term "full-working-day" means not less than 10 hours
      per day. Nothing in this paragraph shall be construed to require
      an agency to provide services to a child who has not reached the
      age of compulsory school attendance for more than the number of
      hours per day permitted by State law (including regulation) for
      the provision of services to such a child.
        (7) The term "Head Start classroom" means a group of children
      supervised and taught by two paid staff members (a teacher and a
      teacher's aide or two teachers) and, where possible, a volunteer.
        (8) The term "Head Start family day care" means Head Start
      services provided in a private residence other than the residence
      of the child receiving such services.
        (9) The term "home-based Head Start program" means a Head Start
      program that provides Head Start services in the private
      residence of the child receiving such services.
        (10) The term "Indian tribe" means any tribe, band, nation,
      pueblo, or other organized group or community of Indians,
      including any Native village described in section 3(c) of the
      Alaska Native Claims Settlement Act (43 U.S.C. 1602(c)) or
      established pursuant to such Act (43 U.S.C. 1601 et seq.), that
      is recognized as eligible for the special programs and services
      provided by the United States to Indians because of their status
      as Indians.
        (11) The term "local educational agency" has the meaning given
      such term in the Elementary and Secondary Education Act of 1965
      [20 U.S.C. 6301 et seq.].
        (12) The term "migrant and seasonal Head Start program" means -
      
          (A) with respect to services for migrant farmworkers, a Head
        Start program that serves families who are engaged in
        agricultural labor and who have changed their residence from
        one geographic location to another in the preceding 2-year
        period; and
          (B) with respect to services for seasonal farmworkers, a Head
        Start program that serves families who are engaged primarily in
        seasonal agricultural labor and who have not changed their
        residence to another geographic location in the preceding 2-
        year period.

        (13) The term "mobile Head Start program" means the provision
      of Head Start services utilizing transportable equipment set up
      in various community-based locations on a routine, weekly
      schedule, operating in conjunction with home-based Head Start
      programs, or as a Head Start classroom.
        (14) The term "poverty line" means the official poverty line
      (as defined by the Office of Management and Budget) - 
          (A) adjusted to reflect the percentage change in the Consumer
        Price Index For (!1) All Urban Consumers, issued by the Bureau
        of Labor Statistics, occurring in the 1-year period or other
        interval immediately preceding the date such adjustment is
        made; and

          (B) adjusted for family size.

        (15) The term "scientifically based reading research" - 
          (A) means the application of rigorous, systematic, and
        objective procedures to obtain valid knowledge relevant to
        reading development, reading instruction, and reading
        difficulties; and
          (B) shall include research that - 
            (i) employs systematic, empirical methods that draw on
          observation or experiment;
            (ii) involves rigorous data analyses that are adequate to
          test the stated hypotheses and justify the general
          conclusions drawn;
            (iii) relies on measurements or observational methods that
          provide valid data across evaluators and observers and across
          multiple measurements and observations; and
            (iv) has been accepted by a peer-reviewed journal or
          approved by a panel of independent experts through a
          comparably rigorous, objective, and scientific review.

        (16) The term "Secretary" means the Secretary of Health and
      Human Services.
        (17) The term "State" means a State, the Commonwealth of Puerto
      Rico, the District of Columbia, Guam, American Samoa, the Virgin
      Islands of the United States, and the Commonwealth of the
      Northern Mariana Islands, but for fiscal years ending before
      October 1, 2001 (and fiscal year 2002, if the legislation
      described in section 9835(a)(2)(B)(iii) of this title has not
      been enacted before September 30, 2001), also means the Federated
      States of Micronesia, the Republic of the Marshall Islands, and
      the Republic of Palau.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 637, Aug. 13, 1981, 95 Stat. 499;
    Pub. L. 98-558, title I, Sec. 101, Oct. 30, 1984, 98 Stat. 2878;
    Pub. L. 101-501, title I, Secs. 104(b), 116(b), 117(b), 121(b),
    123(a), Nov. 3, 1990, 104 Stat. 1228, 1232, 1233, 1237; Pub. L. 103-
    252, title I, Sec. 102, May 18, 1994, 108 Stat. 624; Pub. L. 105-
    285, title I, Sec. 103, Oct. 27, 1998, 112 Stat. 2703.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Alaska Native Claims Settlement Act, referred to in par.
    (10), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended,
    which is classified generally to chapter 33 (Sec. 1601 et seq.) of
    Title 43, Public Lands. For complete classification of this Act to
    the Code, see Short Title note set out under section 1601 of Title
    43 and Tables.
      The Elementary and Secondary Education Act of 1965, referred to
    in par. (11), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, as
    amended, which is classified generally to chapter 70 (Sec. 6301 et
    seq.) of Title 20, Education. For complete classification of this
    Act to the Code, see Short Title note set out under section 6301 of
    Title 20 and Tables.


-MISC1-
                                AMENDMENTS                            
      1998 - Pars. (1), (2). Pub. L. 105-285, Sec. 103(2), added pars.
    (1) and (2). Former pars. (1) and (2) redesignated (16) and (17),
    respectively.
      Pars. (3), (4). Pub. L. 105-285, Sec. 103(3)-(5), added par. (3),
    redesignated former par. (3) as (4), and struck out former par. (4)
    which read as follows: "The term 'family literacy services' means
    services and activities that include interactive literacy
    activities between parents and their children, training for parents
    on techniques for being the primary teacher of their children and
    full partners in the education of their children, parent literacy
    training (including training in English as a second language), and
    early childhood education."
      Par. (6). Pub. L. 105-285, Sec. 103(6), inserted at end "Nothing
    in this paragraph shall be construed to require an agency to
    provide services to a child who has not reached the age of
    compulsory school attendance for more than the number of hours per
    day permitted by State law (including regulation) for the provision
    of services to such a child."
      Par. (12). Pub. L. 105-285, Sec. 103(7), added par. (12) and
    struck out former par. (12) which read as follows: "The term
    'migrant Head Start program' means a Head Start program that serves
    families who are engaged in agricultural work and who have changed
    their residence from one geographical location to another in the
    preceding 2-year period."
      Par. (15). Pub. L. 105-285, Sec. 103(8), added par. (15).
      Par. (16). Pub. L. 105-285, Sec. 103(1), redesignated par. (1) as
    (16) and transferred it to appear after par. (15).
      Par. (17). Pub. L. 105-285, Sec. 103(9)(B), (C), substituted
    "Virgin Islands of the United States, and the Commonwealth of the
    Northern Mariana Islands, but for fiscal years ending before
    October 1, 2001 (and fiscal year 2002, if the legislation described
    in section 9835(a)(2)(B)(iii) of this title has not been enacted
    before September 30, 2001), also means" for "Virgin Islands," and
    "and the Republic of Palau" for "Palau, and the Commonwealth of the
    Northern Mariana Islands".
      Pub. L. 105-285, Sec. 103(9)(A), which directed substitution of
    "term" for "Term", could not be executed because "Term" does not
    appear in par. (17).
      Pub. L. 105-285, Sec. 103(1), redesignated par. (2) as (17) and
    transferred it to appear after par. (16).
      1994 - Par. (4). Pub. L. 103-252, Sec. 102(1), (4), (5)(A),
    redesignated par. (12) as (4) and struck out former par. (4) which
    defined "adjusted appropriation".
      Par. (5). Pub. L. 103-252, Sec. 102(1), (4), (5)(B), redesignated
    par. (10) as (5) and struck out former par. (5) which defined
    "quality improvement funds".
      Par. (6). Pub. L. 103-252, Sec. 102(4), (5)(B), redesignated par.
    (11) as (6). Former par. (6) redesignated (7).
      Pars. (7), (8). Pub. L. 103-252, Sec. 102(4), redesignated pars.
    (6) and (7) as (7) and (8), respectively. Former par. (8)
    redesignated (9).
      Par. (9). Pub. L. 103-252, Sec. 102(4), redesignated par. (8) as
    (9). Former par. (9) redesignated (14).
      Pub. L. 103-252, Sec. 102(2), added par. (9) and struck out
    former par. (9) which defined "poverty line".
      Par. (10). Pub. L. 103-252, Sec. 102(4), (5)(C), redesignated
    par. (13) as (10). Former par. (10) redesignated (5).
      Par. (11). Pub. L. 103-252, Sec. 102(5)(D), added par. (11).
    Former par. (11) redesignated (6).
      Par. (12). Pub. L. 103-252, Sec. 102(5)(D), added par. (12).
    Former par. (12) redesignated (4).
      Pub. L. 103-252, Sec. 102(3), (4), added par. (12) and
    redesignated it as (4).
      Par. (13). Pub. L. 103-252, Sec. 102(5)(D), added par. (13).
    Former par. (13) redesignated (10).
      Pub. L. 103-252, Sec. 102(3), (4), added par. (13) and
    redesignated it as (10).
      Par. (14). Pub. L. 103-252, Sec. 102(4), redesignated par. (9) as
    (14).
      1990 - Par. (2). Pub. L. 101-501, Sec. 104(b)(1), substituted
    "the Federated States of Micronesia, the Republic of the Marshall
    Islands, Palau" for "the Trust Territory of the Pacific Islands".
      Pars. (4), (5). Pub. L. 101-501, Sec. 104(b)(2), added pars. (4)
    and (5).
      Par. (6). Pub. L. 101-501, Sec. 116(b), added par. (6).
      Pars. (7), (8). Pub. L. 101-501, Sec. 117(b), added pars. (7) and
    (8).
      Par. (9). Pub. L. 101-501, Sec. 121(b), added par. (9).
      Pars. (10), (11). Pub. L. 101-501, Sec. 123(a), added pars. (10)
    and (11).
      1984 - Par. (2). Pub. L. 98-558 inserted "the Commonwealth of"
    before "the Northern Mariana Islands".

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Section 127 of title I of Pub. L. 103-252 provided that:
      "(a) Effective Date. - This title [see Short Title of 1994
    Amendment note set out under section 9801 of this title], and the
    amendments made by this title, shall take effect on the date of
    enactment of this title [May 18, 1994].
      "(b) Application. - The requirements of this title and the
    amendments made by this title shall not apply to Head Start
    agencies and other recipients of financial assistance under the
    Head Start Act [42 U.S.C. 9831 et seq.] until October 1, 1994."

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-501 effective Oct. 1, 1990, see section
    1001(a) of Pub. L. 101-501, set out as a note under section 8621 of
    this title.

-FOOTNOTE-
    (!1) So in original. Probably should not be capitalized.


-End-



-CITE-
    42 USC Sec. 9833                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-
    Sec. 9833. Financial assistance for Head Start programs

-STATUTE-
      The Secretary may, upon application by an agency which is
    eligible for designation as a Head Start agency pursuant to section
    9836 of this title, provide financial assistance to such agency for
    the planning, conduct, administration, and evaluation of a Head
    Start program focused primarily upon children from low-income
    families who have not reached the age of compulsory school
    attendance which (1) will provide such comprehensive health,
    education, parental involvement, nutritional, social, and other
    services as will enable the children to attain their full potential
    and attain school readiness; and (2) will provide for direct
    participation of the parents of such children in the development,
    conduct, and overall program direction at the local level.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 638, Aug. 13, 1981, 95 Stat. 499;
    Pub. L. 100-297, title II, Sec. 2504, Apr. 28, 1988, 102 Stat. 330;
    Pub. L. 103-252, title I, Secs. 103, 112(c), May 18, 1994, 108
    Stat. 625, 641; Pub. L. 105-285, title I, Sec. 104, Oct. 27, 1998,
    112 Stat. 2705.)


-MISC1-
                                AMENDMENTS                            
      1998 - Cl. (1). Pub. L. 105-285 substituted "enable the children"
    for "aid the children" and inserted "and attain school readiness"
    before the semicolon.
      1994 - Pub. L. 103-252 struck out subsec. (a) designation, in cl.
    (1), substituted "health, education, parental involvement,
    nutritional, social, and other services" for "health, nutritional,
    educational, social, and other services", and struck out subsec.
    (b) which read as follows: "For purposes of providing financial
    assistance under subsection (a) of this section to agencies, the
    Secretary may not take into consideration whether such agency
    applies for or receives funds under subchapter V of this chapter."
      1988 - Pub. L. 100-297 designated existing provisions as subsec.
    (a) and added subsec. (b).

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-252 effective May 18, 1994, but not
    applicable to Head Start agencies and other recipients of financial
    assistance under the Head Start Act (42 U.S.C. 9831 et seq.) until
    Oct. 1, 1994, see section 127 of Pub. L. 103-252, set out as a note
    under section 9832 of this title.

                     EFFECTIVE DATE OF 1988 AMENDMENT                 
      For effective date and applicability of amendment by Pub. L. 100-
    297, see section 6303 of Pub. L. 100-297, set out as a note under
    section 1071 of Title 20, Education.

-End-



-CITE-
    42 USC Sec. 9834                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-
    Sec. 9834. Authorization of appropriations

-STATUTE-
      (a) There are authorized to be appropriated for carrying out the
    provisions of this subchapter such sums as may be necessary for
    fiscal years 1999 through 2003.
      (b) From the amount appropriated under subsection (a) of this
    section, the Secretary shall make available - 
        (1) for each of fiscal years 1999 through 2003 to carry out
      activities authorized under section 9837a of this title, not more
      than $35,000,000 but not less than the amount that was made
      available for such activities for fiscal year 1998;
        (2) not more than $5,000,000 for each of fiscal years 1999
      through 2003 to carry out impact studies under section 9844(g) of
      this title; and
        (3) not more than $12,000,000 for fiscal year 1999, and such
      sums as may be necessary for each of fiscal years 2000 through
      2003, to carry out other research, demonstration, and evaluation
      activities, including longitudinal studies, under section 9844 of
      this title.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 639, Aug. 13, 1981, 95 Stat. 499;
    Pub. L. 98-558, title I, Sec. 102, Oct. 30, 1984, 98 Stat. 2878;
    Pub. L. 99-425, title I, Sec. 101, Sept. 30, 1986, 100 Stat. 966;
    Pub. L. 101-120, Sec. 2, Oct. 23, 1989, 103 Stat. 700; Pub. L. 101-
    501, title I, Secs. 103, 120(b), 140, Nov. 3, 1990, 104 Stat.
    1224, 1236, 1242; Pub. L. 103-252, title I, Sec. 104, May 18, 1994,
    108 Stat. 625; Pub. L. 105-285, title I, Sec. 105, Oct. 27, 1998,
    112 Stat. 2705.)


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (a). Pub. L. 105-285, Sec. 105(1), substituted
    "1999 through 2003" for "1995 through 1998".
      Subsec. (b)(1) to (3). Pub. L. 105-285, Sec. 105(2), added pars.
    (1) to (3) and struck out former pars. (1) and (2) which read as
    follows:
      "(1) $35,000,000 for each of the fiscal years 1995 through 1998
    to - 
        "(A) carry out the Head Start Transition Project Act; and
        "(B) carry out activities authorized under section 9837(d) of
      this title; and
      "(2) not more than $3,000,000 for fiscal year 1995, and such sums
    as may be necessary for each of the fiscal years 1996 through 1998,
    to carry out longitudinal research under section 9844(e) of this
    title."
      1994 - Subsec. (a). Pub. L. 103-252, Sec. 104(1), substituted
    "such sums as may be necessary for fiscal years 1995 through 1998"
    for "(other than section 9846a of this title) $1,552,000,000 for
    fiscal year 1990, $2,386,000,000 for fiscal year 1991,
    $4,273,000,000 for fiscal year 1992, $5,924,000,000 for fiscal year
    1993, and $7,660,000,000 for fiscal year 1994".
      Subsecs. (b), (c). Pub. L. 103-252, Sec. 104(2), added subsec.
    (b) and struck out former subsecs. (b) and (c) which read as
    follows:
      "(b) There are authorized to be appropriated to carry out section
    9846a of this title, such sums as may be necessary for fiscal years
    1991 through 1996.
      "(c)(1) If the amount appropriated under subsection (a) of this
    section for fiscal year 1991 exceeds the adjusted appropriation,
    the Secretary shall make available not less than $20,000,000 to
    carry out the Head Start Transition Project Act.
      "(2) The Secretary shall make available not less than $20,000,000
    for each of the fiscal years 1992, 1993, and 1994 to carry out the
    Head Start Transition Project Act."
      1990 - Pub. L. 101-501, Sec. 140, added subsec. (c).
      Pub. L. 101-501, Sec. 120(b), designated existing provisions as
    subsec. (a), inserted "(other than section 9846a of this title)"
    after "of this subchapter", and added subsec. (b).
      Pub. L. 101-501, Sec. 103, struck out "$1,198,000,000 for fiscal
    year 1987, $1,263,000,000 for fiscal year 1988, $1,332,000,000 for
    fiscal year 1989, and" after "of this subchapter" and inserted ",
    $2,386,000,000 for fiscal year 1991, $4,273,000,000 for fiscal year
    1992, $5,924,000,000 for fiscal year 1993, and $7,660,000,000 for
    fiscal year 1994" after "1990".
      1989 - Pub. L. 101-120 substituted "$1,552,000,000" for
    "$1,405,000,000".
      1986 - Pub. L. 99-425 amended section generally, substituting
    "$1,198,000,000 for fiscal year 1987, $1,263,000,000 for fiscal
    year 1988, $1,332,000,000 for fiscal year 1989, and $1,405,000,000
    for fiscal year 1990" for "$1,093,030,000 for fiscal year 1985, and
    $1,221,000,000 for fiscal year 1986".
      1984 - Pub. L. 98-558 substituted "$1,093,030,000 for fiscal year
    1985, and $1,221,000,000 for fiscal year 1986" for "$950,000,000
    for fiscal year 1982, $1,007,000,000 for fiscal year 1983, and
    $1,058,357,000 for fiscal year 1984".

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-252 effective May 18, 1994, but not
    applicable to Head Start agencies and other recipients of financial
    assistance under the Head Start Act (42 U.S.C. 9831 et seq.) until
    Oct. 1, 1994, see section 127 of Pub. L. 103-252, set out as a note
    under section 9832 of this title.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-501 effective Oct. 1, 1990, see section
    1001(a) of Pub. L. 101-501, set out as a note under section 8621 of
    this title.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-425 effective Oct. 1, 1986, see section
    1001 of Pub. L. 99-425, set out as a note under section 8621 of
    this title.

-End-



-CITE-
    42 USC Sec. 9835                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-
    Sec. 9835. Allotment of funds

-STATUTE-
    (a) Distribution of appropriations; priorities, etc.
      (1) Of the sums appropriated pursuant to section 9834 of this
    title for any fiscal year beginning after September 30, 1981, the
    Secretary shall allot such sums in accordance with paragraphs (2)
    through (4), and subject to paragraphs (5) and (6).
      (2) The Secretary shall reserve 13 percent of the amount
    appropriated for each fiscal year for use in accordance with the
    following order of priorities - 
        (A) Indian Head Start programs, services for children with
      disabilities, and migrant and seasonal Head Start programs,
      except that there shall be made available for each fiscal year
      for use by Indian Head Start programs and by migrant and seasonal
      Head Start programs, on a nationwide basis, not less than the
      amount that was obligated for use by Indian Head Start programs
      and by migrant and seasonal Head Start programs for fiscal year
      1998;
        (B) payments, subject to paragraph (7) - 
          (i) to Guam, American Samoa, the Commonwealth of the Northern
        Mariana Islands, and the Virgin Islands of the United States;
          (ii) for fiscal years ending before October 1, 2001, to the
        Federated States of Micronesia, the Republic of the Marshall
        Islands, and the Republic of Palau; and
          (iii) if legislation approving renegotiated Compacts of Free
        Association for the jurisdictions described in clause (ii) has
        not been enacted before September 30, 2001, for fiscal year
        2002 to those jurisdictions;

      according to their respective needs, except that such amount
      shall not exceed one-half of 1 percent of the sums appropriated
      for any fiscal year;
        (C) training and technical assistance activities which are
      sufficient to meet the needs associated with program expansion
      and to foster program and management improvement activities as
      described in section 9843 of this title, in an amount for each
      fiscal year which is not less than 2 percent of the amount
      appropriated for such fiscal year, of which not less than
      $3,000,000 of the amount appropriated for such fiscal year shall
      be made available to carry out activities described in section
      9843(c)(4) of this title;
        (D) discretionary payments made by the Secretary (including
      payments for all costs (other than compensation of Federal
      employees) of reviews of Head Start agencies and programs under
      section 9836a(c) of this title, and of activities carried out
      under paragraph (1), (2), or (3) of section 9836a(d) of this
      title related to correcting deficiencies and conducting
      proceedings to terminate the designation of Head Start agencies;
      (!1) and

        (E) payments for research, demonstration, and evaluation
      activities under section 9844 of this title.

    No funds reserved under this paragraph or paragraph (3) may be
    combined with funds appropriated under any other Act if the purpose
    of combining funds is to make a single discretionary grant or a
    single discretionary payment, unless such funds appropriated under
    this subchapter are separately identified in such grant or payment
    and are used for the purposes of this subchapter. No Freely
    Associated State may receive financial assistance under this
    subchapter after fiscal year 2002.
      (3)(A)(i) In order to provide assistance for activities specified
    in subparagraph (C) directed at the goals specified in subparagraph
    (B), the Secretary shall reserve, from the amount (if any) by which
    the funds appropriated under section 9834(a) of this title for a
    fiscal year exceed the adjusted prior year appropriation, a share
    equal to the sum of - 
        (I) 60 percent of such excess amount for fiscal year 1999, 50
      percent of such excess amount for fiscal year 2000, 47.5 percent
      of such excess amount for fiscal year 2001, 35 percent of such
      excess amount for fiscal year 2002, and 25 percent of such excess
      amount for fiscal year 2003; and
        (II) any additional amount the Secretary may find necessary to
      address a demonstrated need for such activities.

      (ii) As used in clause (i), the term "adjusted prior year
    appropriation" means, with respect to a fiscal year, the amount
    appropriated pursuant to section 9834(a) of this title for the
    preceding fiscal year, adjusted to reflect the percentage change in
    the Consumer Price Index for All Urban Consumers (issued by the
    Bureau of Labor Statistics) during such preceding fiscal year.
      (B) Funds reserved under this paragraph (referred to in this
    paragraph as "quality improvement funds") shall be used to
    accomplish any or all of the following goals:
        (i) Ensuring that Head Start programs meet or exceed
      performance standards pursuant to section 9836a(a)(1)(A) of this
      title.
        (ii) Ensuring that such programs have adequate numbers of
      qualified staff, and that such staff are furnished adequate
      training, including developing skills in working with children
      with non-English language background and children with
      disabilities, when appropriate.
        (iii) Ensuring that salary levels and benefits are adequate to
      attract and retain qualified staff for such programs.
        (iv) Using salary increases to improve staff qualifications,
      and to assist with the implementation of career development
      programs, for the staff of Head Start programs, and to encourage
      the staff to continually improve their skills and expertise by
      informing the staff of the availability of Federal and State
      incentive and loan forgiveness programs for professional
      development.
        (v) Improving community-wide strategic planning and needs
      assessments for such programs and collaboration efforts for such
      programs.
        (vi) Ensuring that the physical environments of Head Start
      programs are conducive to providing effective program services to
      children and families, and are accessible to children with
      disabilities and their parents.
        (vii) Ensuring that such programs have qualified staff that can
      promote language skills and literacy growth of children and that
      can provide children with a variety of skills that have been
      identified, through scientifically based reading research, as
      predictive of later reading achievement.
        (viii) Making such other improvements in the quality of such
      programs as the Secretary may designate.

      (C) Quality improvement funds shall be used to carry out any or
    all of the following activities:
        (i)(I) Not less than one-half of the amount reserved under this
      paragraph, to improve the compensation (including benefits) of
      classroom teachers and other staff of Head Start agencies and
      thereby enhance recruitment and retention of qualified staff,
      including recruitment and retention pursuant to achieving the
      requirements set forth in section 9843a(a) of this title. The
      expenditure of funds under this clause shall be subject to
      section 9848 of this title. Preferences in awarding salary
      increases, in excess of cost-of-living allowances, with such
      funds shall be granted to classroom teachers and staff who obtain
      additional training or education related to their
      responsibilities as employees of a Head Start program.
        (II) If a Head Start agency certifies to the Secretary for such
      fiscal year that part of the funds set aside under subclause (I)
      to improve wages cannot be expended by such agency to improve
      wages because of the operation of section 9848 of this title,
      then such agency may expend such part for any of the uses
      specified in this subparagraph (other than wages).
        (III) From the remainder of the amount reserved under this
      paragraph (after the Secretary carries out subclause (I)), the
      Secretary shall carry out any or all of the activities described
      in clauses (ii) through (vii), placing the highest priority on
      the activities described in clause (ii).
        (ii) To train classroom teachers and other staff to meet the
      education performance standards described in section
      9836a(a)(1)(B) of this title, through activities - 
          (I) to promote children's language and literacy growth,
        through techniques identified through scientifically based
        reading research;
          (II) to promote the acquisition of the English language for
        non-English background children and families;
          (III) to foster children's school readiness skills through
        activities described in section 9843a(a)(1) of this title; and
          (IV) to provide training necessary to improve the
        qualifications of the staff of the Head Start agencies and to
        support staff training, child counseling, and other services
        necessary to address the problems of children participating in
        Head Start programs, including children from dysfunctional
        families, children who experience chronic violence in their
        communities, and children who experience substance abuse in
        their families.

        (iii) To employ additional Head Start staff, including staff
      necessary to reduce the child-staff ratio and staff necessary to
      coordinate a Head Start program with other services available to
      children participating in such program and to their families.
        (iv) To pay costs incurred by Head Start agencies to purchase
      insurance (other than employee benefits) and thereby maintain or
      expand Head Start services.
        (v) To supplement amounts provided under paragraph (2)(C) to
      provide training necessary to improve the qualifications of the
      staff of the Head Start agencies, and to support staff training,
      child counseling, and other services necessary to address the
      problems of children participating in Head Start programs,
      including children from dysfunctional families, children who
      experience chronic violence in their communities, and children
      who experience substance abuse in their families.
        (vi) Such other activities as the Secretary may designate.

      (D)(i) Funds reserved under subparagraph (A) shall be allotted by
    the Secretary as follows:
        (I) 80 percent of such funds shall be allotted among the States
      in the same proportion as the Secretary allots funds among the
      States under paragraph (4) for the respective fiscal year.
        (II) 20 percent of such funds shall be allotted among the
      States, geographical areas specified in subsection (a)(2)(B) of
      this section and Indian Head Start programs and migrant and
      seasonal Head Start programs, and used to make grants to Head
      Start agencies, at the discretion of the Secretary.

      (ii) Funds allotted under clause (i) shall be used by the
    Secretary to make grants to Head Start agencies that receive grants
    from funds allotted under paragraph (4) for such fiscal year, in
    such amounts as the Secretary considers to be appropriate, for
    expenditure for activities specified in subparagraph (C).
      (iii) Funds received under this subparagraph shall be used to
    supplement, not to supplant, funds received under paragraph (2) or
    (4).
      (4) Subject to section 9834(b) of this title, the Secretary shall
    allot the remaining amounts appropriated in each fiscal year among
    the States, in accordance with latest satisfactory data so that - 
        (A) each State receives an amount which is equal to the amount
      the State received for fiscal year 1998; and
        (B) any amount available after all allotments are made under
      subparagraph (A) for such fiscal year shall be distributed
      proportionately on the basis of the number of children less than
      5 years of age from families whose income is below the poverty
      line.

    For purposes of this paragraph, for each fiscal year the Secretary
    shall use the most recent data available on the number of children
    less than 5 years of age from families whose income is below the
    poverty line, as published by the Department of Commerce, unless
    the Secretary and the Secretary of Commerce determine that use of
    the most recent data available would be inappropriate or
    unreliable. If the Secretary and the Secretary of Commerce
    determine that some or all of the data referred to in this
    paragraph are inappropriate or unreliable, the Secretaries shall
    issue a report setting forth their reasons in detail.
      (5)(A) From amounts reserved and allotted pursuant to paragraph
    (4), the Secretary shall reserve such sums as may be necessary to
    award the collaboration grants described in subparagraphs (B) and
    (D).
      (B) From the reserved sums, the Secretary may award a
    collaboration grant to each State to facilitate collaboration
    regarding activities carried out in the State under this
    subchapter, and other activities carried out in, and by, the State
    that are designed to benefit low-income children and families and
    to encourage Head Start agencies to collaborate with entities
    involved in State and local planning processes (including the State
    lead agency administering the financial assistance received under
    subchapter II-B of this chapter and the entities providing resource
    and referral services in the State) in order to better meet the
    needs of low-income children and families.
      (C) A State that receives a grant under subparagraph (B) shall - 
        (i) appoint an individual to serve as a State liaison between -
      
          (I) the appropriate regional office of the Administration for
        Children and Families and agencies and individuals carrying out
        Head Start programs in the State; and
          (II) agencies (including local educational agencies) and
        entities carrying out programs serving low-income children and
        families;

        (ii) involve the State Head Start Association in the selection
      of the individual, and involve the association in determinations
      relating to the ongoing direction of the collaboration;
        (iii) ensure that the individual holds a position with
      sufficient authority and access to ensure that the collaboration
      described in subparagraph (B) is effective and involves a range
      of State agencies;
        (iv) ensure that the collaboration described in subparagraph
      (B) involves coordination of Head Start services with health
      care, welfare, child care, education, and community service
      activities, family literacy services, activities relating to
      children with disabilities (including coordination of services
      with those State officials who are responsible for administering
      part C and section 619 of the Individuals with Disabilities
      Education Act (20 U.S.C. 1431-1444, 1419)), and services for
      homeless children;
        (v) include representatives of the State Head Start Association
      and local Head Start agencies in unified planning regarding early
      care and education services at both the State and local levels,
      including collaborative efforts to plan for the provision of full-
      working-day, full calendar year early care and education
      services for children; and
        (vi) encourage local Head Start agencies to appoint a State
      level representative to represent Head Start agencies within the
      State in conducting collaborative efforts described in
      subparagraphs (B) and (D), and in clause (v).

      (D) Following the award of collaboration grants described in
    subparagraph (B), the Secretary shall provide, from the reserved
    sums, supplemental funding for collaboration grants - 
        (i) to States that (in consultation with their State Head Start
      Associations) develop statewide, regional, or local unified plans
      for early childhood education and child care that include the
      participation of Head Start agencies; and
        (ii) to States that engage in other innovative collaborative
      initiatives, including plans for collaborative training and
      professional development initiatives for child care, early
      childhood education and Head Start service managers, providers,
      and staff.

      (E)(i) The Secretary shall - 
        (I) review on an ongoing basis evidence of barriers to
      effective collaboration between Head Start programs and other
      Federal, State, and local child care and early childhood
      education programs and resources;
        (II) develop initiatives, including providing additional
      training and technical assistance and making regulatory changes,
      in necessary cases, to eliminate barriers to the collaboration;
      and
        (III) develop a mechanism to resolve administrative and
      programmatic conflicts between programs described in subclause
      (I) that would be a barrier to service providers, parents, or
      children related to the provision of unified services and the
      consolidation of funding for child care services.

      (ii) In the case of a collaborative activity funded under this
    subchapter and another provision of law providing for Federal child
    care or early childhood education, the use of equipment and
    nonconsumable supplies purchased with funds made available under
    this subchapter or such provision shall not be restricted to
    children enrolled or otherwise participating in the program carried
    out under that subchapter or provision, during a period in which
    the activity is predominantly funded under this subchapter or such
    provision.
      (F) As used in this paragraph, the term "low-income", used with
    respect to children or families, shall not be considered to refer
    only to children or families that meet the low-income criteria
    prescribed pursuant to section 9840(a)(1)(A) of this title.
      (6)(A) From amounts reserved and allotted pursuant to paragraphs
    (2) and (4), the Secretary shall use, for grants for programs
    described in section 9840a(a) of this title, a portion of the
    combined total of such amounts equal to 7.5 percent for fiscal year
    1999, 8 percent for fiscal year 2000, 9 percent for fiscal year
    2001, 10 percent for fiscal year 2002, and 10 percent for fiscal
    year 2003, of the amount appropriated pursuant to section 9834(a)
    of this title, except as provided in subparagraph (B).
      (B)(i) If the Secretary does not submit an interim report on the
    preliminary findings of the Early Head Start impact study currently
    being conducted by the Secretary (as of October 27, 1998) to the
    appropriate committees by June 1, 2001, the amount of the reserved
    portion for fiscal year 2002 that exceeds the reserved portion for
    fiscal year 2001, if any, shall be used for quality improvement
    activities described in subsection (a)(3) of this section and shall
    not be used to serve an increased number of eligible children under
    section 9840a of this title.
      (ii) If the Secretary does not submit a final report on the Early
    Head Start impact study to the appropriate committees by June 1,
    2002, or if the Secretary finds in the report that there are
    substantial deficiencies in the programs carried out under section
    9840a of this title, the amount of the reserved portion for fiscal
    year 2003 that exceeds the reserved portion for fiscal year 2002,
    if any, shall be used for quality improvement activities described
    in subsection (a)(3) of this section and shall not be used to serve
    an increased number of eligible children under section 9840a of
    this title.
      (iii) In this subparagraph:
        (I) The term "appropriate committees" means the Committee on
      Education and the Workforce and the Committee on Appropriations
      of the House of Representatives and the Committee on Labor and
      Human Resources and the Committee on Appropriations of the
      Senate.
        (II) The term "reserved portion", used with respect to a fiscal
      year, means the amount required to be used in accordance with
      subparagraph (A) for that fiscal year.

      (C)(i) For any fiscal year for which the Secretary determines
    that the amount appropriated under section 9834(a) of this title is
    not sufficient to permit the Secretary to reserve the portion
    described in subparagraph (A) without reducing the number of
    children served by Head Start programs or adversely affecting the
    quality of Head Start services, relative to the number of children
    served and the quality of the services during the preceding fiscal
    year, the Secretary may reduce the percentage of funds required to
    be reserved for the portion described in subparagraph (A) for the
    fiscal year for which the determination is made, but not below the
    percentage required to be so reserved for the preceding fiscal
    year.
      (ii) For any fiscal year for which the amount appropriated under
    section 9834(a) of this title is reduced to a level that requires a
    lower amount to be made available under this subchapter to Head
    Start agencies and entities described in section 9840a of this
    title, relative to the amount made available to the agencies and
    entities for the preceding fiscal year, adjusted as described in
    paragraph (3)(A)(ii), the Secretary shall proportionately reduce - 
        (I) the amounts made available to the entities for programs
      carried out under section 9840a of this title; and
        (II) the amounts made available to Head Start agencies for Head
      Start programs.

      (7) For purposes of this subsection, the term "State" does not
    include Guam, American Samoa, the Virgin Islands, the Commonwealth
    of the Northern Mariana Islands, the Federated States of
    Micronesia, the Republic of the Marshall Islands, and Palau.
    (b) Federal share
      Financial assistance extended under this subchapter for a Head
    Start program shall not exceed 80 percent of the approved costs of
    the assisted program or activities, except that the Secretary may
    approve assistance in excess of such percentage if the Secretary
    determines that such action is required in furtherance of the
    purposes of this subchapter. For the purpose of making such
    determination, the Secretary shall take into consideration with
    respect to the Head Start program involved - 
        (1) the lack of resources available in the community that may
      prevent the Head Start agency from providing all or a portion of
      the non-Federal contribution that may be required under this
      subsection;
        (2) the impact of the cost the Head Start agency may incur in
      initial years it carries out such program;
        (3) the impact of an unanticipated increase in the cost the
      Head Start agency may incur to carry out such program;
        (4) whether the Head Start agency is located in a community
      adversely affected by a major disaster; and
        (5) the impact on the community that would result if the Head
      Start agency ceased to carry out such program.

    Non-Federal contributions may be in cash or in kind, fairly
    evaluated, including plant, equipment, or services. The Secretary
    shall not require non-Federal contributions in excess of 20 percent
    of the approved costs of programs or activities assisted under this
    subchapter.
    (c) Services covered
      No programs shall be approved for assistance under this
    subchapter unless the Secretary is satisfied that the services to
    be provided under such program will be in addition to, and not in
    substitution for, comparable services previously provided without
    Federal assistance. The requirement imposed by the preceding
    sentence shall be subject to such regulations as the Secretary may
    prescribe.
    (d) Enrollment of children with disabilities and provision of
      services
      The Secretary shall establish policies and procedures designed to
    assure that for fiscal year 1999 and thereafter no less than 10
    percent of the total number of enrollment opportunities in Head
    Start programs in each State shall be available for children with
    disabilities and that services shall be provided to meet their
    special needs. Such policies and procedures shall require Head
    Start agencies to coordinate programmatic efforts with efforts to
    implement part C and section 619 of the Individuals with
    Disabilities Education Act (20 U.S.C. 1431-1444, 1419).
    (e) Distribution of benefits between residents of rural and urban
      areas
      The Secretary shall adopt appropriate administrative measures to
    assure that the benefits of this subchapter will be distributed
    equitably between residents of rural and urban areas.
    (f) Guidelines for local service delivery models
      The Secretary shall establish procedures to enable Head Start
    agencies to develop locally designed or specialized service
    delivery models to address local community needs.
    (g) Maintenance of current services; expansion of Head Start
      programs
      (1) If in any fiscal year, the amounts appropriated to carry out
    the program under this subchapter exceed the amount appropriated in
    the prior fiscal year, the Secretary shall, prior to using such
    additional funds to serve an increased number of children, allocate
    such funds in a manner that makes available the funds necessary to
    maintain the level of services provided during the prior year,
    taking into consideration the percentage change in the Consumer
    Price Index For All Urban Consumers, as published by the Bureau of
    Labor Statistics.
      (2) For the purpose of expanding Head Start programs, in
    allocating funds to an applicant within a State, from amounts
    allotted to a State pursuant to subsection (a)(4) of this section,
    the Secretary shall take into consideration - 
        (A) the quality of the applicant's programs (including Head
      Start and other child care or child development programs) in
      existence on the date of the allocation, including, in the case
      of Head Start programs in existence on the date of the
      allocation, the extent to which such programs meet or exceed
      performance standards and other requirements under this
      subchapter, and the performance history of the applicant in
      providing services under other Federal programs (other than the
      program carried out under this subchapter);
        (B) the applicant's capacity to expand services (including, in
      the case of Head Start programs in existence on the date of the
      allocation, whether the applicant accomplished any prior
      expansions in an effective and timely manner);
        (C) the extent to which the applicant has undertaken community-
      wide strategic planning and needs assessments involving other
      community organizations and public agencies serving children and
      families (including organizations serving families in whose homes
      English is not the language customarily spoken), and
      organizations and public entities serving children with
      disabilities;
        (D) the extent to which the family and community needs
      assessment of the applicant reflects a need to provide full-
      working-day or full calendar year services and the extent to
      which, and manner in which, the applicant demonstrates the
      ability to collaborate and participate with other local community
      providers of child care or preschool services to provide full-
      working-day full calendar year services;
        (E) the numbers of eligible children in each community who are
      not participating in a Head Start program or any other early
      childhood program;
        (F) the concentration of low-income families in each community;
        (G) the extent to which the applicant proposes to foster
      partnerships with other service providers in a manner that will
      enhance the resource capacity of the applicant; and
        (H) the extent to which the applicant, in providing services,
      plans to coordinate with the local educational agency serving the
      community involved and with schools in which children
      participating in a Head Start program operated by such agency
      will enroll following such program, regarding such services and
      the education services provided by such local educational agency.

      (3) In determining the amount of funds reserved pursuant to
    subparagraph (A) or (B) of subsection (a)(2) of this section to be
    used for expanding Head Start programs under this subchapter, the
    Secretary shall take into consideration, to the extent appropriate,
    the factors specified in paragraph (2).
      (4) Notwithstanding subsection (a)(2) of this section, after
    taking into account paragraph (1), the Secretary may allocate a
    portion of the remaining additional funds under subsection
    (a)(2)(A) of this section for the purpose of increasing funds
    available for activities described in such subsection.
    (h) Full-working-day services
      Financial assistance provided under this subchapter may be used
    by each Head Start program to provide full-working-day Head Start
    services to any eligible child throughout the full calendar year.
    (i) Vehicle safety regulations
      The Secretary shall issue regulations establishing requirements
    for the safety features, and the safe operation, of vehicles used
    by Head Start agencies to transport children participating in Head
    Start programs.
    (j) Compensation of staff
      Any agency that receives financial assistance under this
    subchapter to improve the compensation of staff who provide
    services under this subchapter (!2) shall use the financial
    assistance to improve the compensation of such staff, regardless of
    whether the agency has the ability to improve the compensation of
    staff employed by the agency who do not provide Head Start
    services.

    (k) Flexibility in hours of service requirement
      (1) The Secretary shall allow center-based Head Start programs
    the flexibility to satisfy the total number of hours of service
    required by the regulations in effect on May 18, 1994, to be
    provided to children in Head Start programs so long as such
    agencies do not - 
        (A) provide less than 3 hours of service per day;
        (B) reduce the number of days of service per week; or
        (C) reduce the number of days of service per year.

      (2) The provisions of this subsection shall not be construed to
    restrict the authority of the Secretary to fund alternative program
    variations authorized under section 1306.35 of title 45 of the Code
    of Federal Regulations in effect on May 18, 1994.
    (l) Frequent relocation of migrant families
      (1) With funds made available under subsection (a)(2) of this
    section to migrant and seasonal Head Start programs, the Secretary
    shall give priority to migrant and seasonal Head Start programs
    that serve eligible children of migrant and seasonal farmworker
    families whose work requires them to relocate most frequently.
      (2) For purposes of subsection (a)(2)(A) of this section, in
    determining the need and demand for migrant and seasonal Head Start
    programs (and services provided through such programs), the
    Secretary shall consult with appropriate entities, including
    providers of services for migrant and seasonal Head Start programs.
    The Secretary shall, after taking into consideration the need and
    demand for migrant and seasonal Head Start programs (and such
    services), ensure that there is an adequate level of such services
    for eligible children of migrant farmworkers before approving an
    increase in the allocation of funds provided under such subsection
    for unserved eligible children of seasonal farmworkers. In serving
    the eligible children of seasonal farmworkers, the Secretary shall
    ensure that services provided by migrant and seasonal Head Start
    programs do not duplicate or overlap with other Head Start services
    available to eligible children of such farmworkers.
      (3) In carrying out this subchapter, the Secretary shall continue
    the administrative arrangement responsible for meeting the needs of
    children of migrant and seasonal farmworkers and Indian children
    and shall ensure that appropriate funding is provided to meet such
    needs.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 640, Aug. 13, 1981, 95 Stat. 499;
    Pub. L. 98-558, title I, Sec. 103, Oct. 30, 1984, 98 Stat. 2878;
    Pub. L. 99-425, title I, Sec. 102, Sept. 30, 1986, 100 Stat. 966;
    Pub. L. 101-476, title IX, Sec. 901(d), Oct. 30, 1990, 104 Stat.
    1151; Pub. L. 101-501, title I, Secs. 104(a), 105, 123(b), Nov. 3,
    1990, 104 Stat. 1224, 1228, 1237; Pub. L. 102-119, Sec. 26(g), Oct.
    7, 1991, 105 Stat. 607; Pub. L. 102-401, Sec. 2(a)-(d), (k)(1),
    Oct. 7, 1992, 106 Stat. 1956, 1958; Pub. L. 103-252, title I, Sec.
    105, May 18, 1994, 108 Stat. 626; Pub. L. 104-193, title I, Sec.
    110(t), Aug. 22, 1996, 110 Stat. 2175; Pub. L. 105-285, title I,
    Sec. 106(a)-(d), Oct. 27, 1998, 112 Stat. 2705-2711; Pub. L. 108-
    446, title III, Sec. 305(l)(1), (2), Dec. 3, 2004, 118 Stat.
    2806.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Individuals with Disabilities Education Act, referred to in
    subsecs. (a)(5)(C)(iv) and (d), is title VI of Pub. L. 91-230, Apr.
    13, 1970, 84 Stat. 175, as amended. Part C of the Act is classified
    generally to subchapter III (Sec. 1431 et seq.) of chapter 33 of
    Title 20, Education. Section 619 of the Act is classified to
    section 1419 of Title 20. For complete classification of this Act
    to the Code, see section 1400 of Title 20 and Tables.
      This subchapter, referred to in subsec. (j), was in the original
    "this Act" and was translated as reading "this subchapter", meaning
    subchapter B (Secs. 635-657) of chapter 8 of subtitle A of title VI
    of Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 499, known as the Head
    Start Act, which is classified generally to this subchapter, to
    reflect the probable intent of Congress.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a)(5)(C)(iv). Pub. L. 108-446, Sec. 305(l)(1),
    substituted "1431-1444" for "1431-1445".
      Subsec. (d). Pub. L. 108-446, Sec. 305(l)(2), substituted
    "U.S.C." for "U.S.C" and "1431-1444" for "1431-1445".
      1998 - Subsec. (a)(2). Pub. L. 105-285, Sec. 106(a)(1)(F),
    inserted at end of concluding provisions "No Freely Associated
    State may receive financial assistance under this subchapter after
    fiscal year 2002."
      Subsec. (a)(2)(A). Pub. L. 105-285, Sec. 106(a)(1)(A),
    substituted "Head Start programs, services for children with
    disabilities, and migrant and seasonal Head Start programs" for
    "and migrant Head Start programs and services for handicapped
    children", "Head Start programs and by migrant and seasonal" for
    "and migrant" before "Head Start programs" in two places, and
    "1998" for "1994".
      Subsec. (a)(2)(B). Pub. L. 105-285, Sec. 106(a)(1)(B),
    substituted "(B) payments, subject to paragraph (7) - ", cls. (i)
    to (iii), and "according" for "(B) payments to Guam, American
    Samoa, the Federated States of Micronesia, the Republic of the
    Marshall Islands, Palau, the Commonwealth of the Northern Mariana
    Islands, and the Virgin Islands according".
      Subsec. (a)(2)(C). Pub. L. 105-285, Sec. 106(a)(1)(C),
    substituted ", of which not less than $3,000,000 of the amount
    appropriated for such fiscal year shall be made available to carry
    out activities described in section 9843(c)(4) of this title;" for
    "; and".
      Subsec. (a)(2)(D). Pub. L. 105-285, Sec. 106(a)(1)(D), which
    directed substitution of "carried out under paragraph (1), (2), or
    (3) of section 9836a(d) of this title related to correcting
    deficiencies and conducting proceedings to terminate the
    designation of Head Start agencies; and" for "related to the
    development and implementation of quality improvement plans under
    section 9836a(d)(2) of this title.", was executed by making the
    substitution for "related to the development and implementation of
    quality improvement plans under section 9836a(d)(2) of this
    title)."
      Subsec. (a)(2)(E). Pub. L. 105-285, Sec. 106(a)(1)(E), added
    subpar. (E).
      Subsec. (a)(3)(A)(i)(I). Pub. L. 105-285, Sec. 106(a)(2)(A),
    substituted "60 percent of such excess amount for fiscal year 1999,
    50 percent of such excess amount for fiscal year 2000, 47.5 percent
    of such excess amount for fiscal year 2001, 35 percent of such
    excess amount for fiscal year 2002, and 25 percent of such excess
    amount for fiscal year 2003;" for "25 percent of such excess
    amount;".
      Subsec. (a)(3)(B)(ii). Pub. L. 105-285, Sec. 106(a)(2)(B)(i),
    substituted "adequate numbers of qualified staff" for "adequate
    qualified staff" and inserted "and children with disabilities"
    before ", when appropriate".
      Subsec. (a)(3)(B)(iv). Pub. L. 105-285, Sec. 106(a)(2)(B)(ii),
    inserted before period at end ", and to encourage the staff to
    continually improve their skills and expertise by informing the
    staff of the availability of Federal and State incentive and loan
    forgiveness programs for professional development".
      Subsec. (a)(3)(B)(v). Pub. L. 105-285, Sec. 106(a)(2)(B)(iii),
    inserted "and collaboration efforts for such programs" before
    period at end.
      Subsec. (a)(3)(B)(vi). Pub. L. 105-285, Sec. 106(a)(2)(B)(iv),
    inserted before period at end ", and are accessible to children
    with disabilities and their parents".
      Subsec. (a)(3)(B)(vii), (viii). Pub. L. 105-285, Sec.
    106(a)(2)(B)(v), (vi), added cl. (vii) and redesignated former cl.
    (vii) as (viii).
      Subsec. (a)(3)(C)(i)(I). Pub. L. 105-285, Sec.
    106(a)(2)(C)(i)(I), substituted "this paragraph" for "this
    subparagraph", "of classroom teachers and other staff" for "of
    staff", and "qualified staff, including recruitment and retention
    pursuant to achieving the requirements set forth in section
    9843a(a) of this title" for "such staff", and inserted at end
    "Preferences in awarding salary increases, in excess of cost-of-
    living allowances, with such funds shall be granted to classroom
    teachers and staff who obtain additional training or education
    related to their responsibilities as employees of a Head Start
    program."
      Subsec. (a)(3)(C)(i)(II). Pub. L. 105-285, Sec.
    106(a)(2)(C)(i)(II), substituted "this subparagraph" for "the
    subparagraph".
      Subsec. (a)(3)(C)(i)(III). Pub. L. 105-285, Sec.
    106(a)(2)(C)(i)(III), added subcl. (III).
      Subsec. (a)(3)(C)(ii). Pub. L. 105-285, Sec. 106(a)(2)(C)(ii),
    amended cl. (ii) generally. Prior to amendment, cl. (ii) read as
    follows: "To pay transportation costs incurred by Head Start
    agencies to enable eligible children to participate in a Head Start
    program."
      Subsec. (a)(3)(C)(v) to (vii). Pub. L. 105-285, Sec.
    106(a)(2)(C)(iii), (iv), redesignated cls. (vi) and (vii) as (v)
    and (vi), respectively, and struck out former cl. (v) which read as
    follows: "To make nonstructural and minor structural changes, and
    to acquire and install equipment, for the purpose of improving
    facilities necessary to expand the availability, or enhance the
    quality, of Head Start programs."
      Subsec. (a)(3)(D)(i)(II). Pub. L. 105-285, Sec. 106(a)(2)(D),
    substituted "Head Start programs and migrant and seasonal" for "and
    migrant".
      Subsec. (a)(4). Pub. L. 105-285, Sec. 106(a)(3)(C), inserted
    concluding provisions.
      Subsec. (a)(4)(A). Pub. L. 105-285, Sec. 106(a)(3)(A),
    substituted "1998" for "1981".
      Subsec. (a)(4)(B). Pub. L. 105-285, Sec. 106(a)(3)(B), amended
    subpar. (B) generally. Prior to amendment, subpar. (B) read as
    follows:
      "(B)(i) 33 1/3  percent of any amount available after all
    allotments have been made under subparagraph (A) for such fiscal
    year shall be distributed on the basis of the relative number of
    children from birth through 18 years of age, on whose behalf
    payments are made under the State program of assistance funded
    under part A of title IV of the Social Security Act in each State
    as compared to all States; and
      "(ii) 66 2/3  percent of such amount shall be distributed on the
    basis of the relative number of children from birth through 5 years
    of age living with families with incomes below the poverty line in
    each State as compared to all States."
      Subsec. (a)(5)(A). Pub. L. 105-285, Sec. 106(a)(4)(A),
    substituted "subparagraphs (B) and (D)" for "subparagraph (B)".
      Subsec. (a)(5)(B). Pub. L. 105-285, Sec. 106(a)(4)(B), inserted
    before period at end "and to encourage Head Start agencies to
    collaborate with entities involved in State and local planning
    processes (including the State lead agency administering the
    financial assistance received under subchapter II-B of this chapter
    and the entities providing resource and referral services in the
    State) in order to better meet the needs of low-income children and
    families".
      Subsec. (a)(5)(C)(i)(I). Pub. L. 105-285, Sec. 106(a)(4)(C)(i),
    inserted "the appropriate regional office of the Administration for
    Children and Families and" before "agencies".
      Subsec. (a)(5)(C)(iii). Pub. L. 105-285, Sec. 106(a)(4)(C)(ii),
    struck out "and" at end.
      Subsec. (a)(5)(C)(iv). Pub. L. 105-285, Sec. 106(a)(4)(C)(iii),
    substituted "education, and community service activities," for
    "education, and national service activities,", "activities" for
    "and activities" before "relating to children with disabilities",
    and "(including coordination of services with those State officials
    who are responsible for administering part C and section 619 of the
    Individuals with Disabilities Education Act (20 U.S.C. 1431-1445,
    1419)), and services for homeless children;" for period at end.
      Subsec. (a)(5)(C)(v), (vi). Pub. L. 105-285, Sec.
    106(a)(4)(C)(iv), added cls. (v) and (vi).
      Subsec. (a)(5)(D) to (F). Pub. L. 105-285, Sec. 106(a)(4)(D),
    (E), added subpars. (D) and (E) and redesignated former subpar. (D)
    as (F).
      Subsec. (a)(6). Pub. L. 105-285, Sec. 106(a)(5), designated
    existing provisions as subpar. (A), substituted "7.5 percent for
    fiscal year 1999, 8 percent for fiscal year 2000, 9 percent for
    fiscal year 2001, 10 percent for fiscal year 2002, and 10 percent
    for fiscal year 2003, of the amount appropriated pursuant to
    section 9834(a) of this title, except as provided in subparagraph
    (B)." for "3 percent for fiscal year 1995, 4 percent for each of
    fiscal years 1996 and 1997, and 5 percent for fiscal year 1998, of
    the amount appropriated pursuant to section 9834(a) of this
    title.", and added subpars. (B) and (C).
      Subsec. (d). Pub. L. 105-285, Sec. 106(b)(2), which directed
    striking out "(as defined in section 1401(a) of title 20)", was
    executed by striking out "(as defined in section 1401(a)(1) of
    title 20)" after "children with disabilities" to reflect the
    probable intent of Congress.
      Pub. L. 105-285, Sec. 106(b)(1), (3), substituted "1999" for
    "1982" and inserted at end "Such policies and procedures shall
    require Head Start agencies to coordinate programmatic efforts with
    efforts to implement part C and section 619 of the Individuals with
    Disabilities Education Act (20 U.S.C 1431-1445, 1419).".
      Subsec. (g)(2)(A). Pub. L. 105-285, Sec. 106(c)(1)(A), inserted
    before semicolon at end ", and the performance history of the
    applicant in providing services under other Federal programs (other
    than the program carried out under this subchapter)".
      Subsec. (g)(2)(C). Pub. L. 105-285, Sec. 106(c)(1)(B), inserted
    ", and organizations and public entities serving children with
    disabilities" before semicolon at end.
      Subsec. (g)(2)(D). Pub. L. 105-285, Sec. 106(c)(1)(C), inserted
    before semicolon at end "and the extent to which, and manner in
    which, the applicant demonstrates the ability to collaborate and
    participate with other local community providers of child care or
    preschool services to provide full-working-day full calendar year
    services".
      Subsec. (g)(2)(E). Pub. L. 105-285, Sec. 106(c)(1)(D),
    substituted "program or any other early childhood program;" for
    "program; and".
      Subsec. (g)(2)(G), (H). Pub. L. 105-285, Sec. 106(c)(1)(E), (F),
    added subpars. (G) and (H).
      Subsec. (g)(4). Pub. L. 105-285, Sec. 106(c)(2), added par. (4).
      Subsec. (l). Pub. L. 105-285, Sec. 106(d), designated existing
    provisions as par. (1), substituted "migrant and seasonal Head
    Start programs" for "migrant Head Start programs" in two places and
    "migrant and seasonal farmworker families" for "migrant families",
    and added pars. (2) and (3).
      1996 - Subsec. (a)(4)(B)(i). Pub. L. 104-193 substituted "State
    program of assistance funded" for "program of aid to families with
    dependent children under a State plan approved".
      1994 - Subsec. (a)(1). Pub. L. 103-252, Sec. 105(b)(1),
    substituted "through (4), and subject to paragraphs (5) and (6)"
    for "through (5)".
      Subsec. (a)(2)(A). Pub. L. 103-252, Sec. 105(b)(2)(A),
    substituted "1994" for "1990".
      Subsec. (a)(2)(D). Pub. L. 103-252, Sec. 105(b)(2)(B), inserted
    "(including payments for all costs (other than compensation of
    Federal employees) of reviews of Head Start agencies and programs
    under section 9836a(c) of this title, and of activities related to
    the development and implementation of quality improvement plans
    under section 9836a(d)(2) of this title)" after "Secretary".
      Subsec. (a)(3)(A), (B). Pub. L. 103-252, Sec. 105(a)(2), added
    subpars. (A) and (B). Former subpars. (A) and (B) redesignated
    subpars. (C) and (D), respectively.
      Subsec. (a)(3)(C). Pub. L. 103-252, Sec. 105(a)(1)-(3),
    redesignated subpar. (A) as (C), substituted in introductory
    provisions "Quality improvement funds shall be used to carry out
    any or all of the following activities:" for "For any fiscal year
    for which the amount appropriated under section 9834(a) of this
    title exceeds the adjusted appropriation, the Secretary shall
    reserve the quality improvement funds for such fiscal year, for one
    or more of the following quality improvement activities:", and
    added cl. (vii).
      Subsec. (a)(3)(D). Pub. L. 103-252, Sec. 105(a)(1), redesignated
    subpar. (B) as (D).
      Subsec. (a)(3)(D)(i). Pub. L. 103-252, Sec. 105(a)(4)(A), (b)(3),
    struck out "for the first, second, and third fiscal years for which
    funds are so reserved" after "subparagraph (A)" in introductory
    provisions, substituted "paragraph (4)" for "paragraph (5)" in
    subcl. (I), and inserted "geographical areas specified in
    subsection (a)(2)(B) of this section and Indian and migrant Head
    Start programs," after "States," in subcl. (II).
      Subsec. (a)(3)(D)(ii). Pub. L. 103-252, Sec. 105(b)(3),
    substituted "paragraph (4)" for "paragraph (5)".
      Pub. L. 103-252, Sec. 105(a)(4)(B), (E), redesignated cl. (iv) as
    (ii) and struck out former cl. (ii) which read as follows: "Funds
    reserved under subparagraph (A) for any fiscal year subsequent to
    the third fiscal year for which funds are so reserved shall be
    allotted by the Secretary among the States in the same proportion
    as the Secretary allots funds among the States under paragraph (5)
    for the respective subsequent fiscal year."
      Subsec. (a)(3)(D)(iii). Pub. L. 103-252, Sec. 105(a)(4)(B), (E),
    redesignated cl. (vi) as (iii) and struck out former cl. (iii)
    which read as follows: "To be expended for the activities specified
    in subparagraph (A) in the first fiscal, second, and third fiscal
    years for which funds are required by such subparagraph to be
    reserved, funds allotted under clause (i)(I) shall be used by the
    Secretary to make a grant to each Head Start agency that receives a
    grant from funds allotted under paragraph (5) for such fiscal year,
    in the amount that bears the same ratio to the amount allotted
    under clause (i)(I) for such fiscal year for the State in which
    such agency is located as the number of children participating in
    the Head Start program of such agency in such fiscal year bears to
    the number of children participating in all Head Start programs in
    such State in such fiscal year."
      Subsec. (a)(3)(D)(iv). Pub. L. 103-252, Sec. 105(a)(4)(E),
    redesignated cl. (iv) as (ii).
      Pub. L. 103-252, Sec. 105(a)(4)(C), substituted "Funds" for "To
    be expended for the activities specified in subparagraph (A) in
    each subsequent fiscal year for which funds are required by such
    subparagraph to be reserved, funds" and "clause (i)" for "clause
    (ii)", inserted ", for expenditure for activities specified in
    subparagraph (C)", and struck out at end "The aggregate amount of
    grants made under this clause to Head Start agencies in a State for
    a fiscal year may not exceed the amount allotted under clause (ii)
    for such State for such fiscal year."
      Subsec. (a)(3)(D)(v). Pub. L. 103-252, Sec. 105(a)(4)(E), struck
    out cl. (v) which read as follows: "If a Head Start agency
    certifies for such fiscal year to the Secretary that it does not
    need any funds under subparagraph (A), or does not need part of
    such funds it would otherwise receive under clause (iii) or (iv),
    then unneeded funds shall be used by the Secretary to make grants
    under this subparagraph without regard to such agency."
      Subsec. (a)(3)(D)(vi). Pub. L. 103-252, Sec. 105(a)(4)(E),
    redesignated cl. (vi) as (iii).
      Pub. L. 103-252, Sec. 105(a)(4)(D), substituted "paragraph (2) or
    (4)" for "paragraphs (2), (4), and (5)".
      Subsec. (a)(4). Pub. L. 103-252, Sec. 105(b)(4), (5),
    redesignated par. (5) as (4), substituted "Subject to section
    9834(b) of this title, the Secretary" for "The Secretary", and
    struck out former par. (4), which related to Secretary reserving
    sums for grants to carry out early childhood intervention programs,
    known as "Parent-Child Centers".
      Subsec. (a)(5), (6). Pub. L. 103-252, Sec. 105(b)(6), added pars.
    (5) and (6). Former pars. (5) and (6) redesignated (4) and (7),
    respectively.
      Subsec. (a)(7). Pub. L. 103-252, Sec. 105(b)(4), redesignated
    par. (6) as (7).
      Subsec. (g). Pub. L. 103-252, Sec. 105(c), designated existing
    provisions as par. (1) and added pars. (2) and (3).
      Subsec. (h). Pub. L. 103-252, Sec. 105(d), substituted "Financial
    assistance provided under this subchapter may be used by each Head
    Start program to" for "Each Head Start program may".
      Subsecs. (j) to (l). Pub. L. 103-252, Sec. 105(e), added subsecs.
    (j) to (l).
      1992 - Subsec. (a)(2)(A). Pub. L. 102-401, Sec. 2(k)(1)(A)(i)(I),
    inserted "children" after "handicapped".
      Subsec. (a)(2)(B). Pub. L. 102-401, Sec. 2(k)(1)(A)(i)(II),
    substituted "Commonwealth of" for "Commonwealth of,".
      Subsec. (a)(2)(C). Pub. L. 102-401, Sec. 2(k)(1)(A)(i)(III),
    substituted "such fiscal year" for "any such fiscal year".
      Subsec. (a)(3)(A)(vi). Pub. L. 102-401, Sec. 2(k)(1)(A)(ii),
    substituted "paragraph (2)(C)" for "subsection (a)(2)(C) of this
    section".
      Subsec. (a)(3)(B)(i). Pub. L. 102-401, Sec. 2(a)(1), substituted
    ", second, and third" for "and second".
      Subsec. (a)(3)(B)(ii). Pub. L. 102-401, Sec. 2(a)(2), substituted
    "third" for "second".
      Subsec. (a)(3)(B)(iii). Pub. L. 102-401, Sec. 2(a)(1),
    substituted ", second, and third" for "and second".
      Subsec. (a)(4)(B)(i)(II). Pub. L. 102-401, Sec. 2(b), inserted ",
    literacy," after "skills".
      Subsec. (a)(5)(B)(i). Pub. L. 102-401, Sec. 2(k)(1)(A)(iii),
    substituted "subparagraph (A)" for "clause (A)".
      Subsec. (b). Pub. L. 102-401, Sec. 2(c), struck out ", in
    accordance with regulations establishing objective criteria," after
    "if the Secretary determines" and inserted after first sentence
    "For the purpose of making such determination, the Secretary shall
    take into consideration with respect to the Head Start program
    involved - " and cls. (1) to (5).
      Subsec. (g). Pub. L. 102-401, Sec. 2(k)(1)(B), substituted "Price
    Index For All" for "Price Index for all".
      Subsec. (i). Pub. L. 102-401, Sec. 2(d), added subsec. (i).
      1991 - Subsec. (d). Pub. L. 102-119 substituted "section
    1401(a)(1) of title 20" for "paragraph (1) of section 1401 of title
    20". The references to section 1401 of title 20 include the
    substitution of "Individuals with Disabilities Education Act" for
    "Education of the Handicapped Act" in the original.
      1990 - Subsec. (a)(1). Pub. L. 101-501, Sec. 104(a)(1),
    substituted "through (5)" for "and (3)".
      Subsec. (a)(2). Pub. L. 101-501, Sec. 104(a)(2)(D), (E), struck
    out before last sentence "The minimum reservation contained in
    clause (C) of this paragraph shall not apply in any fiscal year in
    which the appropriation for the program authorized by this
    subchapter is less than the amount appropriated for fiscal year
    1984." and inserted "or paragraph (3)" after "under this paragraph"
    in last sentence.
      Subsec. (a)(2)(A). Pub. L. 101-501, Sec. 104(a)(2)(A),
    substituted ", except that there shall be made available for each
    fiscal year for use by Indian and migrant Head Start programs, on a
    nationwide basis, not less than the amount that was obligated for
    use by Indian and migrant Head Start programs for fiscal year 1990"
    for "children, except that there shall be made available for use by
    Indian and migrant Head Start programs, on a nationwide basis, no
    less funds for fiscal year 1987 and each subsequent fiscal year
    than were obligated for use by Indian and migrant Head Start
    programs for fiscal year 1985".
      Subsec. (a)(2)(B). Pub. L. 101-501, Sec. 104(a)(2)(B),
    substituted "the Federated States of Micronesia, the Republic of
    the Marshall Islands, Palau, the Commonwealth of" for "the Trust
    Territory of the Pacific Islands".
      Subsec. (a)(2)(C). Pub. L. 101-501, Sec. 104(a)(2)(C),
    substituted "2 percent of the amount appropriated for any such
    fiscal year" for "the amount expended for training and technical
    assistance activities under this clause for fiscal year 1982".
      Subsec. (a)(3), (4). Pub. L. 101-501, Sec. 104(a)(5), added pars.
    (3) and (4). Former pars. (3) and (4) redesignated (5) and (6),
    respectively.
      Subsec. (a)(5). Pub. L. 101-501, Sec. 104(a)(3), (4),
    redesignated par. (3) as (5) and struck out "87 percent of the"
    after "allot the remaining".
      Subsec. (a)(6). Pub. L. 101-501, Sec. 104(a)(4), (6),
    redesignated par. (4) as (6), inserted "the Commonwealth of" before
    "the Northern Mariana", and substituted "the Federated States of
    Micronesia, the Republic of the Marshall Islands, and Palau" for
    "or the Trust Territory of the Pacific Islands".
      Subsec. (d). Pub. L. 101-501, Sec. 105(1), struck out sentence at
    end requiring Secretary to report to Congress at least annually on
    status of children with disabilities in Head Start programs.
      Pub. L. 101-476, Sec. 901(d), substituted "children with
    disabilities" for "handicapped children" in two places and
    substituted "disabling" for "handicapping".
      Subsecs. (f), (g). Pub. L. 101-501, Sec. 105(2), added subsecs.
    (f) and (g).
      Subsec. (h). Pub. L. 101-501, Sec. 123(b), added subsec. (h).
      1986 - Subsec. (a)(2)(A). Pub. L. 99-425, in amending cl. (A)
    generally, designated existing subcl. (i) as all of cl. (A),
    substituted "1987" for "1982" and "1985" for "1981", and struck out
    subcl. (ii) relating to cost-of-living adjustments.
      1984 - Subsec. (a)(2). Pub. L. 98-558 inserted "as described in
    section 9843 of this title, in an amount for each fiscal year which
    is not less than the amount expended for training and technical
    assistance activities under this clause for fiscal year 1982" in
    cl. (C), and inserted at end "The minimum reservation contained in
    clause (C) of this paragraph shall not apply in any fiscal year in
    which the appropriation for the program authorized by this
    subchapter is less than the amount appropriated for fiscal year
    1984. No funds reserved under this paragraph may be combined with
    funds appropriated under any other Act if the purpose of combining
    funds is to make a single discretionary grant or a single
    discretionary payment, unless such funds appropriated under this
    subchapter are separately identified in such grant or payment and
    are used for the purposes of this subchapter."

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Labor and Human Resources of Senate changed to
    Committee on Health, Education, Labor, and Pensions of Senate by
    Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19,
    1999.


-MISC2-
                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-193 effective July 1, 1997, with
    transition rules relating to State options to accelerate such date,
    rules relating to claims, actions, and proceedings commenced before
    such date, rules relating to closing out of accounts for terminated
    or substantially modified programs and continuance in office of
    Assistant Secretary for Family Support, and provisions relating to
    termination of entitlement under AFDC program, see section 116 of
    Pub. L. 104-193, as amended, set out as an Effective Date note
    under section 601 of this title.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-252 effective May 18, 1994, but not
    applicable to Head Start agencies and other recipients of financial
    assistance under the Head Start Act (42 U.S.C. 9831 et seq.) until
    Oct. 1, 1994, see section 127 of Pub. L. 103-252, set out as a note
    under section 9832 of this title.

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Section 4 of Pub. L. 102-401 provided that:
      "(a) Effective Dates. - (1) Except as provided in paragraph (2)
    and subsection (b), this Act [amending this section and sections
    9835a to 9839, 9846, 9846a, and 9858n of this title and enacting
    provisions set out as a note under section 9836 of this title] and
    the amendments made by this Act shall take effect on the date of
    the enactment of this Act [Oct. 7, 1992].
      "(2) The amendment made by section 2(e)(1) [amending section 9836
    of this title] shall take effect on July 30, 1992.
      "(b) Application of Amendments. - The amendments made by this
    Act, other than the amendment made by section 2(e)(1), shall not
    apply with respect to fiscal years beginning before October 1,
    1992."

                     EFFECTIVE DATE OF 1990 AMENDMENTS                 
      Amendment by Pub. L. 101-501 effective Oct. 1, 1990, see section
    1001(a) of Pub. L. 101-501, set out as a note under section 8621 of
    this title.
      Amendment by Pub. L. 101-476 effective Oct. 1, 1990, see section
    1001 of Pub. L. 101-476, set out as a note under section 1087ee of
    Title 20, Education.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-425 effective Oct. 1, 1986, see section
    1001 of Pub. L. 99-425, set out as a note under section 8621 of
    this title.

-FOOTNOTE-
    (!1) So in original. Probably should be "agencies);". See 1998
         Amendment note below.

    (!2) See References in Text note below.


-End-



-CITE-
    42 USC Sec. 9835a                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-
    Sec. 9835a. Repealed.

-MISC1-
    Sec. 9835a. Repealed. Pub. L. 103-252, title I, Sec. 106, May 18,
      1994, 108 Stat. 629.
      Section, Pub. L. 97-35, title VI, Sec. 640A, as added Pub. L. 101-
    501, title I, Sec. 106, Nov. 3, 1990, 104 Stat. 1229; amended Pub.
    L. 102-401, Sec. 2(k)(2), Oct. 7, 1992, 106 Stat. 1958, directed
    Secretary to prepare both interim and final comprehensive reports
    to Congress on administration, funding, and demographics of Head
    Start programs.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective May 18, 1994, but not applicable to Head Start
    agencies and other recipients of financial assistance under the
    Head Start Act (42 U.S.C. 9831 et seq.) until Oct. 1, 1994, see
    section 127 of Pub. L. 103-252, set out as an Effective Date of
    1994 Amendment note under section 9832 of this title.

-End-



-CITE-
    42 USC Sec. 9836                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-
    Sec. 9836. Designation of Head Start agencies

-STATUTE-
    (a) Authorization; prerequisites
      The Secretary is authorized to designate as a Head Start agency
    any local public or private nonprofit or for-profit agency, within
    a community, which (1) has the power and authority to carry out the
    purposes of this subchapter and perform the functions set forth in
    section 9837 of this title within a community; and (2) is
    determined by the Secretary (in consultation with the chief
    executive officer of the State involved, if such State expends non-
    Federal funds to carry out Head Start programs) to be capable of
    planning, conducting, administering, and evaluating, either
    directly or by other arrangements, a Head Start program.
    (b) Definition
      For purposes of this subchapter, a community may be a city,
    county, or multicity or multicounty unit within a State, an Indian
    reservation (including Indians in any off-reservation area
    designated by an appropriate tribal government in consultation with
    the Secretary), or a neighborhood or other area (irrespective of
    boundaries or political subdivisions) which provides a suitable
    organizational base and possesses the commonality of interest
    needed to operate a Head Start program.
    (c) Priority
      (1) In the administration of the provisions of this section
    (subject to paragraph (2)), the Secretary shall, in consultation
    with the chief executive officer of the State involved if such
    State expends non-Federal funds to carry out Head Start programs,
    give priority in the designation of Head Start agencies to any
    local public or private nonprofit or for-profit agency which is
    receiving funds under any Head Start program on August 13, 1981,
    unless the Secretary determines that the agency involved fails to
    meet program and financial management requirements, performance
    standards described in section 9836a(a)(1) of this title, results-
    based performance measures developed by the Secretary under
    section 9836a(b) of this title, or other requirements established
    by the Secretary.
      (2) If there is no agency of the type referred to in paragraph
    (1) because of any change in the assistance furnished to programs
    for economically disadvantaged persons, the Secretary shall, in
    consultation with the chief executive officer of the State if such
    State expends non-Federal funds to carry out Head Start programs,
    give priority in the designation of Head Start agencies to any
    successor agency that is operating a Head Start program in
    substantially the same manner as the predecessor agency that did
    receive funds in the fiscal year preceding the fiscal year for
    which the determination is made.
      (3) Notwithstanding any other provision of this subsection, the
    Secretary shall not give such priority to any agency with respect
    to which financial assistance has been terminated, or an
    application for refunding has been denied, under this subchapter by
    the Secretary after affording such agency reasonable notice and
    opportunity for a full and fair hearing in accordance with section
    9841(a)(3) of this title.
    (d) Designation; Head Start agency; qualified applicants
      If no entity in a community is entitled to the priority specified
    in subsection (c) of this section, then the Secretary may designate
    a Head Start agency from among qualified applicants in such
    community. In selecting from among qualified applicants for
    designation as a Head Start agency, the Secretary shall give
    priority to any qualified agency that functioned as a Head Start
    delegate agency in the community and carried out a Head Start
    program that the Secretary determines met or exceeded such
    performance standards and such results-based performance measures.
    In selecting from among qualified applicants for designation as a
    Head Start agency, the Secretary shall consider the effectiveness
    of each such applicant to provide Head Start services, based on - 
        (1) any past performance of such applicant in providing
      services comparable to Head Start services, including how
      effectively such applicant provided such comparable services;
        (2) the plan of such applicant to provide comprehensive health,
      nutritional, educational, social, and other services needed to
      aid participating children in attaining their full potential;
        (3) the plan of such applicant to coordinate the Head Start
      program it proposes to carry out, with other preschool programs,
      including Even Start programs under part B of chapter 1 of title
      I of the Elementary and Secondary Education Act of 1965 (!1) (20
      U.S.C. 2741 et seq.) and programs under part C and section 619 of
      the Individuals with Disabilities Education Act (20 U.S.C. 1431-
      1444, 1419), and with the educational programs such children
      will enter at the age of compulsory school attendance;

        (4) the plan of such applicant - 
          (A) to seek the involvement of parents of participating
        children in activities (at home and in the center involved
        where practicable) designed to help such parents become full
        partners in the education of their children;
          (B) to afford such parents the opportunity to participate in
        the development, conduct, and overall performance of the
        program at the local level;
          (C) to offer (directly or through referral to local entities,
        such as entities carrying out Even Start programs under part B
        of chapter 1 of title I of the Elementary and Secondary
        Education Act of 1965 (!1) (20 U.S.C. 2741 et seq.), public and
        school libraries, and family support programs) to such parents -
         
            (i) family literacy services; and
            (ii) parenting skills training;

          (D) to offer to parents of participating children substance
        abuse counseling (either directly or through referral to local
        entities), including information on drug-exposed infants and
        fetal alcohol syndrome;
          (E) at the option of such applicant, to offer (directly or
        through referral to local entities) to such parents - 
            (i) training in basic child development;
            (ii) assistance in developing communication skills;
            (iii) opportunities for parents to share experiences with
          other parents; or
            (iv) any other activity designed to help such parents
          become full partners in the education of their children; and

          (F) to provide, with respect to each participating family, a
        family needs assessment that includes consultation with such
        parents about the benefits of parent involvement and about the
        activities described in subparagraphs (C), (D), and (E) in
        which such parents may choose to become involved (taking into
        consideration their specific family needs, work schedules, and
        other responsibilities);

        (5) the ability of such applicant to carry out the plans
      described in paragraphs (2), (3), and (4);
        (6) other factors related to the requirements of this
      subchapter;
        (7) the plan of such applicant to meet the needs of non-English
      background children and their families, including needs related
      to the acquisition of the English language;
        (8) the plan of such applicant to meet the needs of children
      with disabilities;
        (9) the plan of such applicant who chooses to assist younger
      siblings of children who will participate in the proposed Head
      Start program to obtain health services from other sources; and
        (10) the plan of such applicant to collaborate with other
      entities carrying out early childhood education and child care
      programs in the community.
    (e) Designation of agency on an interim basis
      If no agency in the community receives priority designation under
    subsection (c) of this section, and there is no qualified applicant
    in the community, the Secretary shall designate a qualified agency
    to carry out the Head Start program in the community on an interim
    basis until a qualified applicant from the community is so
    designated.
    (f) Involvement of parents and area residents in selection of
      agencies
      The Secretary shall require that the practice of significantly
    involving parents and area residents affected by the program in
    selection of Head Start agencies be continued.
    (g) Priority for nonprofit agencies and applicants with
      demonstrated capacity
      If the Secretary determines that a nonprofit agency and a for-
    profit agency have submitted applications for designation of
    equivalent quality under subsection (d) of this section, the
    Secretary may give priority to the nonprofit agency. In selecting
    from among qualified applicants for designation as a Head Start
    agency under subsection (d) of this section, the Secretary shall
    give priority to applicants that have demonstrated capacity in
    providing comprehensive early childhood services to children and
    their families.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 641, Aug. 13, 1981, 95 Stat. 501;
    Pub. L. 98-558, title I, Sec. 104, Oct. 30, 1984, 98 Stat. 2878;
    Pub. L. 101-501, title I, Secs. 107, 108, Nov. 3, 1990, 104 Stat.
    1229, 1230; Pub. L. 102-401, Sec. 2(e)(1), (f)-(h), Oct. 7, 1992,
    106 Stat. 1957; Pub. L. 103-252, title I, Sec. 107, May 18, 1994,
    108 Stat. 629; Pub. L. 105-285, title I, Sec. 107, Oct. 27, 1998,
    112 Stat. 2712; Pub. L. 108-446, title III, Sec. 305(l)(3), Dec. 3,
    2004, 118 Stat. 2806.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Part B of chapter 1 of title I of the Elementary and Secondary
    Education Act of 1965, referred to in subsec. (d)(3), (4)(C), means
    part B of chapter 1 of title I of Pub. L. 89-10 which was
    classified generally to part B (Sec. 2741 et seq.) of division 1 of
    subchapter I of chapter 47 of Title 20, Education, prior to being
    omitted in the general amendment of Pub. L. 89-10 by Pub. L. 103-
    382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3519. See section
    6381 et seq. of Title 20.
      The Individuals with Disabilities Education Act, referred to in
    subsec. (d)(3), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84
    Stat. 175, as amended. Part C of the Act is classified generally to
    subchapter III (Sec. 1431 et seq.) of chapter 33 of Title 20,
    Education. Section 619 of the Act is classified to section 1419 of
    Title 20. For complete classification of this Act to the Code, see
    section 1400 of Title 20 and Tables.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (d)(3). Pub. L. 108-446 substituted "U.S.C. 1431-
    1444" for "U.S.C 1431-1445".
      1998 - Subsec. (a). Pub. L. 105-285, Sec. 107(1), inserted "or
    for-profit" after "nonprofit" and "(in consultation with the chief
    executive officer of the State involved, if such State expends non-
    Federal funds to carry out Head Start programs)" after "Secretary"
    in cl. (2).
      Subsec. (b). Pub. L. 105-285, Sec. 107(2), substituted "off-
    reservation area designated by an appropriate tribal government in
    consultation with the Secretary" for "area designated by the Bureau
    of Indian Affairs as near-reservation".
      Subsec. (c)(1). Pub. L. 105-285, Sec. 107(3)(A), inserted ", in
    consultation with the chief executive officer of the State involved
    if such State expends non-Federal funds to carry out Head Start
    programs," after "Secretary shall" and "or for-profit" after
    "nonprofit" and substituted "determines that the agency involved
    fails to meet program and financial management requirements,
    performance standards described in section 9836a(a)(1) of this
    title, results-based performance measures developed by the
    Secretary under section 9836a(b) of this title, or other
    requirements established by the Secretary" for "makes a finding
    that the agency involved fails to meet program, financial
    management, and other requirements established by the Secretary".
      Subsec. (c)(2). Pub. L. 105-285, Sec. 107(3)(B), (C), inserted ",
    in consultation with the chief executive officer of the State if
    such State expends non-Federal funds to carry out Head Start
    programs," after "Secretary shall" and realigned margins.
      Subsec. (c)(3). Pub. L. 105-285, Sec. 107(3)(C), realigned
    margins.
      Subsec. (d). Pub. L. 105-285, Sec. 107(4)(A), inserted in
    introductory provisions "In selecting from among qualified
    applicants for designation as a Head Start agency, the Secretary
    shall give priority to any qualified agency that functioned as a
    Head Start delegate agency in the community and carried out a Head
    Start program that the Secretary determines met or exceeded such
    performance standards and such results-based performance measures."
      Subsec. (d)(3). Pub. L. 105-285, Sec. 107(4)(B), inserted "and
    programs under part C and section 619 of the Individuals with
    Disabilities Education Act (20 U.S.C 1431-1445, 1419)" after "(20
    U.S.C. 2741 et seq.)".
      Subsec. (d)(4)(A). Pub. L. 105-285, Sec. 107(4)(C)(i), inserted
    "(at home and in the center involved where practicable)" after
    "activities".
      Subsec. (d)(4)(D). Pub. L. 105-285, Sec. 107(4)(C)(v), added
    subpar. (D). Former subpar. (D) redesignated (E).
      Subsec. (d)(4)(D)(iii). Pub. L. 105-285, Sec. 107(4)(C)(ii)(I),
    inserted "or" at end.
      Subsec. (d)(4)(D)(iv), (v). Pub. L. 105-285, Sec.
    107(4)(C)(ii)(II), (III), redesignated cl. (v) as (iv) and struck
    out former cl. (iv) which read as follows: "substance abuse
    counseling; or".
      Subsec. (d)(4)(E). Pub. L. 105-285, Sec. 107(4)(C)(iv),
    redesignated subpar. (D) as (E). Former subpar. (E) redesignated
    (F).
      Pub. L. 105-285, Sec. 107(4)(C)(iii), substituted ", (D), and
    (E)" for "and (D)".
      Subsec. (d)(4)(F). Pub. L. 105-285, Sec. 107(4)(C)(iv),
    redesignated subpar. (E) as (F).
      Subsec. (d)(7). Pub. L. 105-285, Sec. 107(4)(D), amended par. (7)
    generally. Prior to amendment, par. (7) read as follows: "the plan
    of such applicant to meet the needs of non-English language
    background children and their families in the community; and".
      Subsec. (d)(8) to (10). Pub. L. 105-285, Sec. 107(4)(E)-(G),
    added pars. (8) and (10) and redesignated former par. (8) as (9).
      Subsec. (e). Pub. L. 105-285, Sec. 107(5), added subsec. (e) and
    struck out former subsec. (e) which read as follows: "If, in a
    community served by a Head Start program, there is no applicant
    qualified for designation as a Head Start agency to carry out such
    program, the Secretary may appoint an interim grantee to carry out
    such program until a qualified applicant is so designated."
      Subsec. (g). Pub. L. 105-285, Sec. 107(6), added subsec. (g).
      1994 - Subsec. (b). Pub. L. 103-252, Sec. 107(a), inserted
    "(including Indians in any area designated by the Bureau of Indian
    Affairs as near-reservation)" after "Indian reservation".
      Subsec. (c)(1). Pub. L. 103-252, Sec. 107(b)(2), (3), (5),
    inserted "(subject to paragraph (2))" after "the provisions of this
    section", struck out subpar. (A), inserted "the Secretary makes a
    finding that the agency involved fails to meet program, financial
    management, and other requirements established by the Secretary."
    after "unless", and redesignated subpar. (B) as par. (2) and
    concluding provisions as par. (3).
      Subsec. (c)(2). Pub. L. 103-252, Sec. 107(b)(1), (3), (4), (6),
    redesignated par. (1)(B) as (2) and realigned margins, substituted
    "If" for "except that, if" and "paragraph (1)" for "subparagraph
    (A)", and struck out former par. (2) which read as follows:
      "(2)(A) The Secretary shall conduct a full review of each
    designated Head Start agency at least once during each 3-year
    period, and shall determine whether each agency meets program and
    fiscal requirements established by the Secretary.
      "(B) The Secretary shall conduct a review of each newly
    designated Head Start agency immediately after the completion of
    the first year such agency carries out a Head Start program.
      "(C) The Secretary shall conduct followup reviews of Head Start
    agencies when appropriate."
      Subsec. (c)(3). Pub. L. 103-252, Sec. 107(b)(1), (5),
    redesignated concluding provisions of par. (1) as (3), substituted
    "this subsection" for "this paragraph", and struck out former par.
    (3) which read as follows: "In carrying out a review of each Head
    Start agency under paragraph (2), the Secretary shall - 
        "(A) to the maximum extent practicable, carry out such review
      by using employees of the Department of Health and Human Services
      who are knowledgeable about Head Start programs;
        "(B) ensure that an employee of the Department of Health and
      Human Services who is knowledgeable about Head Start programs
      supervises such review at the site of such agency;
        "(C) measure the compliance of the programs of such agency with
      the performance standards in effect under section 9846(b) of this
      title; and
        "(D) identify the types and conditions of facilities in which
      such programs are located."
      Subsec. (c)(4). Pub. L. 103-252, Sec. 107(b)(1), struck out par.
    (4) which read as follows: "The results of a review conducted under
    this subsection shall not be sufficient alone for the purpose of
    determining whether to continue, or to discontinue, providing funds
    to a particular Head Start agency."
      Subsec. (d). Pub. L. 103-252, Sec. 107(c)(1)-(3)(A), in
    introductory provisions substituted "If no entity in a community is
    entitled to the priority specified in subsection (c) of this
    section," for "If there is no Head Start agency as described in
    subsection (c)(2) of this section, and no existing Head Start
    program serving a community," and struck out "Any such designation
    shall be governed by the program and fiscal requirements, criteria,
    and standards applicable on September 1, 1983, to then existing
    Head Start agencies." after first sentence and "subject to the
    preceding sentence" after "as a Head Start agency".
      Subsec. (d)(3). Pub. L. 103-252, Sec. 107(c)(3)(B), inserted ",
    including Even Start programs under part B of chapter 1 of title I
    of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
    2741 et seq.)," after "preschool programs".
      Subsec. (d)(4). Pub. L. 103-252, Sec. 107(c)(3)(C), amended par.
    (4) generally. Prior to amendment, par. (4) read as follows: "the
    plan of such applicant to involve parents of children who will
    participate in the proposed Head Start program in appropriate
    educational services (in accordance with the performance standards
    in effect under section 9846(b) of this title or through referral
    of such parents to educational services available in the community)
    in order to aid their children to attain their full potential;".
      Subsec. (d)(7). Pub. L. 103-252, Sec. 107(c)(4), substituted "non-
    English language background children and their families" for "non-
    English language children" and inserted "and" after semicolon.
      Subsec. (d)(8), (9). Pub. L. 103-252, Sec. 107(c)(5), (6),
    redesignated par. (9) as (8) and struck out former par. (8) which
    read as follows: "the plan of such applicant to provide (directly
    or through referral to educational services available in the
    community) parents of children who will participate in the proposed
    Head Start program with child development and literacy skills
    training in order to aid their children to attain their full
    potential; and".
      Subsecs. (f), (g). Pub. L. 103-252, Sec. 107(d), redesignated
    subsec. (g) as (f) and struck out former subsec. (f) which read as
    follows: "The provisions of subsections (c), (d), and (e) of this
    section shall be applied by the Secretary in the distribution of
    any additional appropriations made available under this subchapter
    during any fiscal year as well as to initial designations of Head
    Start agencies."
      1992 - Subsec. (c)(1). Pub. L. 102-401, Sec. 2(e)(1), inserted at
    end "Notwithstanding any other provision of this paragraph, the
    Secretary shall not give such priority to any agency with respect
    to which financial assistance has been terminated, or an
    application for refunding has been denied, under this subchapter by
    the Secretary after affording such agency reasonable notice and
    opportunity for a full and fair hearing in accordance with section
    9841(a)(3) of this title."
      Subsec. (c)(2). Pub. L. 102-401, Sec. 2(f), designated existing
    provisions as subpar. (A) and added subpars. (B) and (C).
      Subsec. (d)(8), (9). Pub. L. 102-401, Sec. 2(g), added pars. (8)
    and (9).
      Subsec. (e). Pub. L. 102-401, Sec. 2(h)(3), added subsec. (e).
    Former subsec. (e) redesignated (f).
      Pub. L. 102-401, Sec. 2(h)(1), substituted "(c), (d), and (e)"
    for "(c) and (d)".
      Subsecs. (f), (g). Pub. L. 102-401, Sec. 2(h)(2), redesignated
    subsecs. (e) and (f) as (f) and (g), respectively.
      1990 - Subsec. (c). Pub. L. 101-501, Sec. 107, designated
    existing provisions as par. (1), redesignated former par. (1) as
    subpar. (A), added subpar. (B) and pars. (2) to (4), and struck out
    former par. (2) and last sentence which read as follows:
        "(2) except that if there is no such agency because of any
      change in the assistance furnished to programs for economically
      disadvantaged persons, then the Secretary shall give priority in
      the designation of Head Start agencies to any successor agency
      which is operated in substantially the same manner as the
      predecessor agency which did receive funds in the fiscal year
      preceding the fiscal year for which the determination is made.
    The provisions of clause (2) shall apply only to agencies actually
    operating Head Start programs."
      Subsec. (d). Pub. L. 101-501, Sec. 108, inserted at end "In
    selecting from among qualified applicants for designation as a Head
    Start agency and subject to the preceding sentence, the Secretary
    shall consider the effectiveness of each such applicant to provide
    Head Start services, based on - " and pars. (1) to (7).
      1984 - Subsec. (a). Pub. L. 98-558, Sec. 104(a), inserted ",
    within a community," after "private nonprofit agency".
      Subsec. (c). Pub. L. 98-558, Sec. 104(b)(1), substituted "unless"
    for ", except that" in provisions preceding cl. (1).
      Subsec. (c)(1). Pub. L. 98-558, Sec. 104(b)(2), (3), substituted
    "makes a finding" for "shall, before giving such priority,
    determine" and "fails to meet" for "meet".
      Subsec. (c)(2). Pub. L. 98-558, Sec. 104(b)(4), inserted "except
    that" before "if".
      Subsecs. (d) to (f). Pub. L. 98-558, Sec. 104(c), added subsecs.
    (d) and (e) and redesignated former subsec. (d) as (f).

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-252 effective May 18, 1994, but not
    applicable to Head Start agencies and other recipients of financial
    assistance under the Head Start Act (42 U.S.C. 9831 et seq.) until
    Oct. 1, 1994, see section 127 of Pub. L. 103-252, set out as a note
    under section 9832 of this title.

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Section 2(e)(2) of Pub. L. 102-401 provided that: "The amendment
    made by paragraph (1) [amending this section] shall apply only with
    respect to terminations of financial assistance, and denials of
    refunding, occurring after July 29, 1992."
      Amendment by section 2(f)-(h) of Pub. L. 102-401 effective Oct.
    7, 1992, but not applicable with respect to fiscal years beginning
    before Oct. 1, 1992, and amendment by section 2(e)(1) of Pub. L.
    102-401 effective July 30, 1992, see section 4 of Pub. L. 102-401,
    set out as a note under section 9835 of this title.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-501 effective Oct. 1, 1990, see section
    1001(a) of Pub. L. 101-501, set out as a note under section 8621 of
    this title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    42 USC Sec. 9836a                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-
    Sec. 9836a. Quality standards; monitoring of Head Start agencies
      and programs

-STATUTE-
    (a) Quality standards
      (1) Establishment of standards
        The Secretary shall establish by regulation standards,
      including minimum levels of overall accomplishment, applicable to
      Head Start agencies, programs, and projects under this
      subchapter, including - 
          (A) performance standards with respect to services required
        to be provided, including health, parental involvement,
        nutritional, social, transition activities described in section
        9837(d) of this title, and other services;
          (B)(i) education performance standards to ensure the school
        readiness of children participating in a Head Start program, on
        completion of the Head Start program and prior to entering
        school; and
          (ii) additional education performance standards to ensure
        that the children participating in the program, at a minimum - 
            (I) develop phonemic, print, and numeracy awareness;
            (II) understand and use language to communicate for various
          purposes;
            (III) understand and use increasingly complex and varied
          vocabulary;
            (IV) develop and demonstrate an appreciation of books; and
            (V) in the case of non-English background children,
          progress toward acquisition of the English language.(!1)


          (C) administrative and financial management standards;
          (D) standards relating to the condition and location of
        facilities for such agencies, programs, and projects; and
          (E) such other standards as the Secretary finds to be
        appropriate.
      (2) Considerations in developing standards
        In developing the regulations required under paragraph (1), the
      Secretary shall - 
          (A) consult with experts in the fields of child development,
        early childhood education, child health care, family services
        (including linguistically and culturally appropriate services
        to non-English language background children and their
        families), administration, and financial management, and with
        persons with experience in the operation of Head Start
        programs;
          (B) take into consideration - 
            (i) past experience with use of the standards in effect
          under this subchapter on May 18, 1994;
            (ii) changes over the period since August 31, 1981, in the
          circumstances and problems typically facing children and
          families served by Head Start agencies;
            (iii) developments concerning best practices with respect
          to early childhood education and development, children with
          disabilities, family services, program administration, and
          financial management;
            (iv) projected needs of an expanding Head Start program;
            (v) guidelines and standards currently in effect or under
          consideration that promote child health services, and
          projected needs of expanding Head Start programs;
            (vi) changes in the population of children who are eligible
          to participate in Head Start programs, including the language
          background and family structure of such children; and
            (vii) the need for, and state-of-the-art developments
          relating to, local policies and activities designed to ensure
          that children participating in Head Start programs make a
          successful transition to public schools; and

          (C)(i) review and revise as necessary the performance
        standards in effect under this subsection; and
          (ii) ensure that any such revisions in the performance
        standards will not result in the elimination of or any
        reduction in the scope or types of health, education, parental
        involvement, nutritional, social, or other services required to
        be provided under such standards as in effect on October 27,
        1998.
      (3) Standards relating to obligations to delegate agencies
        In developing standards under this subsection, the Secretary
      shall describe the obligations of a Head Start agency to a
      delegate agency to which the Head Start agency has delegated
      responsibility for providing services under this subchapter and
      determine whether the Head Start agency complies with the
      standards. The Secretary shall consider such compliance during
      the review described in subsection (c)(1)(A) of this section and
      in determining whether to renew financial assistance to the Head
      Start agency under this subchapter.
    (b) Results-based performance measures
      (1) In general
        The Secretary, in consultation with representatives of Head
      Start agencies and with experts in the fields of early childhood
      education and development, family services, and program
      management, shall develop methods and procedures for measuring,
      annually and over longer periods, the quality and effectiveness
      of programs operated by Head Start agencies, and the impact of
      the services provided through the programs to children and their
      families (referred to in this subchapter as "results-based
      performance measures").
      (2) Characteristics of measures
        The performance measures developed under this subsection shall -
       
          (A) be used to assess the impact of the various services
        provided by Head Start programs and, to the extent the
        Secretary finds appropriate, administrative and financial
        management practices of such programs;
          (B) be adaptable for use in self-assessment, peer review, and
        program evaluation of individual Head Start agencies and
        programs, not later than July 1, 1999; and
          (C) be developed for other program purposes as determined by
        the Secretary.

      The performance measures shall include the performance standards
      described in subsection (a)(1)(B)(ii) of this section.
      (3) Use of measures
        The Secretary shall use the performance measures developed
      pursuant to this subsection - 
          (A) to identify strengths and weaknesses in the operation of
        Head Start programs nationally, regionally, and locally; and
          (B) to identify problem areas that may require additional
        training and technical assistance resources.
      (4) Educational performance measures
        Such results-based performance measures shall include
      educational performance measures that ensure that children
      participating in Head Start programs - 
          (A) know that letters of the alphabet are a special category
        of visual graphics that can be individually named;
          (B) recognize a word as a unit of print;
          (C) identify at least 10 letters of the alphabet; and
          (D) associate sounds with written words.
      (5) Additional local results-based performance measures
        In addition to other applicable results-based performance
      measures, Head Start agencies may establish local results-based
      educational performance measures.
    (c) Monitoring of local agencies and programs
      (1) In general
        In order to determine whether Head Start agencies meet
      standards established under this subchapter and results-based
      performance measures developed by the Secretary under subsection
      (b) of this section with respect to program, administrative,
      financial management, and other requirements, the Secretary shall
      conduct the following reviews of designated Head Start agencies,
      and of the Head Start programs operated by such agencies:
          (A) A full review of each such agency at least once during
        each 3-year period.
          (B) A review of each newly designated agency immediately
        after the completion of the first year such agency carries out
        a Head Start program.
          (C) Followup reviews including prompt return visits to
        agencies and programs that fail to meet the standards.
          (D) Other reviews as appropriate.
      (2) Conduct of reviews
        The Secretary shall ensure that reviews described in
      subparagraphs (A) through (C) of paragraph (1) - 
          (A) are performed, to the maximum extent practicable, by
        employees of the Department of Health and Human Services who
        are knowledgeable about Head Start programs;
          (B) are supervised by such an employee at the site of such
        Head Start agency;
          (C) are conducted by review teams that shall include
        individuals who are knowledgeable about Head Start programs
        and, to the maximum extent practicable, the diverse (including
        linguistic and cultural) needs of eligible children (including
        children with disabilities) and their families;
          (D) include as part of the reviews of the programs, a review
        and assessment of program effectiveness, as measured in
        accordance with the results-based performance measures
        developed by the Secretary pursuant to subsection (b) of this
        section and with the performance standards established pursuant
        to subparagraphs (A) and (B) of subsection (a)(1) of this
        section; and
          (E) seek information from the communities and the States
        involved about the performance of the programs and the efforts
        of the Head Start agencies to collaborate with other entities
        carrying out early childhood education and child care programs
        in the community.
    (d) Corrective action; termination
      (1) Determination
        If the Secretary determines, on the basis of a review pursuant
      to subsection (c) of this section, that a Head Start agency
      designated pursuant to section 9836 of this title fails to meet
      the standards described in subsection (a) of this section or
      results-based performance measures developed by the Secretary
      under subsection (b) of this section, the Secretary shall - 
          (A) inform the agency of the deficiencies that shall be
        corrected;
          (B) with respect to each identified deficiency, require the
        agency - 
            (i) to correct the deficiency immediately, if the Secretary
          finds that the deficiency threatens the health or safety of
          staff or program participants or poses a threat to the
          integrity of Federal funds;
            (ii) to correct the deficiency not later than 90 days after
          the identification of the deficiency if the Secretary finds,
          in the discretion of the Secretary, that such a 90-day period
          is reasonable, in light of the nature and magnitude of the
          deficiency; or
            (iii) in the discretion of the Secretary (taking into
          consideration the seriousness of the deficiency and the time
          reasonably required to correct the deficiency), to comply
          with the requirements of paragraph (2) concerning a quality
          improvement plan; and

          (C) initiate proceedings to terminate the designation of the
        agency unless the agency corrects the deficiency.
      (2) Quality improvement plan
        (A) Agency responsibilities
          In order to retain a designation as a Head Start agency under
        this subchapter, a Head Start agency that is the subject of a
        determination described in paragraph (1) (other than an agency
        required to correct a deficiency immediately or during a 90-day
        period under clause (i) or (ii) of paragraph (1)(B)) shall - 
            (i) develop in a timely manner, obtain the approval of the
          Secretary regarding, and implement a quality improvement plan
          that specifies - 
              (I) the deficiencies to be corrected;
              (II) the actions to be taken to correct such
            deficiencies; and
              (III) the timetable for accomplishment of the corrective
            actions specified; and

            (ii) eliminate each deficiency identified, not later than
          the date for elimination of such deficiency specified in such
          plan (which shall not be later than 1 year after the date the
          agency received notice of the determination and of the
          specific deficiency to be corrected).
        (B) Secretarial responsibility
          Not later than 30 days after receiving from a Head Start
        agency a proposed quality improvement plan pursuant to
        subparagraph (A), the Secretary shall either approve such
        proposed plan or specify the reasons why the proposed plan
        cannot be approved.
      (3) Training and technical assistance
        The Secretary shall provide training and technical assistance
      to Head Start agencies with respect to the development or
      implementation of such quality improvement plans to the extent
      the Secretary finds such provision to be feasible and appropriate
      given available funding and other statutory responsibilities.
    (e) Summaries of monitoring outcomes
      Not later than 120 days after the end of each fiscal year, the
    Secretary shall publish a summary report on the findings of reviews
    conducted under subsection (c) of this section and on the outcomes
    of quality improvement plans implemented under subsection (d) of
    this section, during such fiscal year. Such report shall be widely
    disseminated and available for public review in both written and
    electronic formats.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 641A, as added Pub. L. 103-252,
    title I, Sec. 108, May 18, 1994, 108 Stat. 631; amended Pub. L. 105-
    285, title I, Sec. 108, Oct. 27, 1998, 112 Stat. 2713.)


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (a)(1). Pub. L. 105-285, Sec. 108(a)(1)(A),
    inserted ", including minimum levels of overall accomplishment,"
    after "regulation standards" in introductory provisions.
      Subsec. (a)(1)(A). Pub. L. 105-285, Sec. 108(a)(1)(B), struck out
    "education," after "including health,".
      Subsec. (a)(1)(B) to (E). Pub. L. 105-285, Sec. 108(a)(1)(C),
    (D), added subpar. (B) and redesignated former subpars. (B) to (D)
    as (C) to (E), respectively.
      Subsec. (a)(2). Pub. L. 105-285, Sec. 108(a)(2), (3),
    redesignated par. (3) as (2) and struck out heading and text of
    former par. (2). Text read as follows: "The regulations promulgated
    under this subsection shall establish the minimum levels of overall
    accomplishment that a Head Start agency shall achieve in order to
    meet the standards specified in paragraph (1)."
      Subsec. (a)(2)(B)(iii). Pub. L. 105-285, Sec. 108(a)(4)(A),
    substituted "early childhood education and" for "child".
      Subsec. (a)(2)(C)(i). Pub. L. 105-285, Sec. 108(a)(4)(B)(i),
    struck out "not later than 1 year after May 18, 1994," before
    "review" and substituted "this subsection; and" for "section
    9846(b) of this title on the day before May 18, 1994; and".
      Subsec. (a)(2)(C)(ii). Pub. L. 105-285, Sec. 108(a)(4)(B)(ii),
    substituted "October 27, 1998" for "November 2, 1978".
      Subsec. (a)(3). Pub. L. 105-285, Sec. 108(a)(5), substituted "to
    a delegate agency" for "to an agency (referred to in this
    subchapter as the 'delegate agency')".
      Pub. L. 105-285, Sec. 108(a)(3), redesignated par. (4) as (3).
    Former par. (3) redesignated (2).
      Subsec. (a)(4). Pub. L. 105-285, Sec. 108(a)(3), redesignated
    par. (4) as (3).
      Subsec. (b). Pub. L. 105-285, Sec. 108(b)(1), inserted "Results-
    based" in heading.
      Subsec. (b)(1). Pub. L. 105-285, Sec. 108(b)(2), substituted "The
    Secretary" for "Not later than 1 year after May 18, 1994, the
    Secretary", "early childhood education and" for "child", and
    "results-based performance measures" for "performance measures" and
    inserted ", and the impact of the services provided through the
    programs to children and their families" before "(referred".
      Subsec. (b)(2). Pub. L. 105-285, Sec. 108(b)(3)(A), (B), (F),
    substituted "Characteristics" for "Design" in heading and "shall -
    " for "shall be designed - " in introductory provisions and
    inserted concluding provisions.
      Subsec. (b)(2)(A). Pub. L. 105-285, Sec. 108(b)(3)(C),
    substituted "be used to assess the impact of" for "to assess".
      Subsec. (b)(2)(B). Pub. L. 105-285, Sec. 108(b)(3)(D),
    substituted "be adaptable" for "to be adaptable" and ", peer
    review, and program evaluation" for "and peer review" and inserted
    ", not later than July 1, 1999" before semicolon.
      Subsec. (b)(2)(C). Pub. L. 105-285, Sec. 108(b)(3)(E), inserted
    "be developed" before "for other".
      Subsec. (b)(3)(A). Pub. L. 105-285, Sec. 108(b)(4), substituted
    ", regionally, and locally" for "and by region".
      Subsec. (b)(4), (5). Pub. L. 105-285, Sec. 108(b)(5), added pars.
    (4) and (5).
      Subsec. (c)(1). Pub. L. 105-285, Sec. 108(c)(1), inserted "and
    results-based performance measures developed by the Secretary under
    subsection (b) of this section" after "standards established under
    this subchapter".
      Subsec. (c)(2)(B). Pub. L. 105-285, Sec. 108(c)(2)(A), struck out
    "and" at end.
      Subsec. (c)(2)(C). Pub. L. 105-285, Sec. 108(c)(2)(B), inserted
    "(including children with disabilities)" after "eligible children"
    and substituted semicolon for period at end.
      Subsec. (c)(2)(D), (E). Pub. L. 105-285, Sec. 108(c)(2)(C), added
    subpars. (D) and (E).
      Subsec. (d)(1). Pub. L. 105-285, Sec. 108(d)(1)(A), inserted "or
    results-based performance measures developed by the Secretary under
    subsection (b) of this section" after "subsection (a) of this
    section" in introductory provisions.
      Subsec. (d)(1)(B). Pub. L. 105-285, Sec. 108(d)(1)(B), amended
    subpar. (B) generally. Prior to amendment, subpar. (B) read as
    follows: "with respect to each identified deficiency, require the
    agency - 
        "(i) to correct the deficiency immediately; or
        "(ii) at the discretion of the Secretary (taking into
      consideration the seriousness of the deficiency and the time
      reasonably required to correct the deficiency), to comply with
      the requirements of paragraph (2) concerning a quality
      improvement plan; and".
      Subsec. (d)(2)(A). Pub. L. 105-285, Sec. 108(d)(2), substituted
    "required to correct a deficiency immediately or during a 90-day
    period under clause (i) or (ii) of paragraph (1)(B)" for "able to
    correct a deficiency immediately" in introductory provisions.
      Subsec. (e). Pub. L. 105-285, Sec. 108(e), inserted at end "Such
    report shall be widely disseminated and available for public review
    in both written and electronic formats."

                              EFFECTIVE DATE                          
      Section effective May 18, 1994, but not applicable to Head Start
    agencies and other recipients of financial assistance under the
    Head Start Act (42 U.S.C. 9831 et seq.) until Oct. 1, 1994, see
    section 127 of Pub. L. 103-252, set out as an Effective Date of
    1994 Amendment note under section 9832 of this title.

-FOOTNOTE-               

    (!1) So in original. The period should probably be a semicolon.


-End-



-CITE-
    42 USC Sec. 9837                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-
    Sec. 9837. Powers and functions of Head Start agencies

-STATUTE-
    (a) Receipt, administration, and transfer of funds; sponsorship of
      projects; delegation of authority, etc.
      In order to be designated as a Head Start agency under this
    subchapter, an agency must have authority under its charter or
    applicable law to receive and administer funds under this
    subchapter, funds and contributions from private or local public
    sources which may be used in support of a Head Start program, and
    funds under any Federal or State assistance program pursuant to
    which a public or private nonprofit or for-profit agency (as the
    case may be) organized in accordance with this subchapter, could
    act as grantee, contractor, or sponsor of projects appropriate for
    inclusion in a Head Start program. Such an agency must also be
    empowered to transfer funds so received, and to delegate powers to
    other agencies, subject to the powers of its governing board and
    its overall program responsibilities. The power to transfer funds
    and delegate powers must include the power to make transfers and
    delegations covering component projects in all cases where this
    will contribute to efficiency and effectiveness or otherwise
    further program objectives.
    (b) Participation of parents in decisionmaking, implementation,
      etc.
      In order to be so designated, a Head Start agency shall also - 
        (1) establish effective procedures by which parents and area
      residents concerned will be enabled to directly participate in
      decisions that influence the character of programs affecting
      their interests;
        (2) provide for their regular participation in the
      implementation of such programs;
        (3) provide technical and other support needed to enable
      parents and area residents to secure on their own behalf
      available assistance from public and private sources;
        (4) seek the involvement of parents of participating children
      in activities designed to help such parents become full partners
      in the education of their children, and to afford such parents
      the opportunity to participate in the development, conduct, and
      overall performance of the program at the local level;
        (5) offer (directly or through referral to local entities, such
      as entities carrying out Even Start programs under part B of
      chapter 1 of title I of the Elementary and Secondary Education
      Act of 1965 (!1) (20 U.S.C. 2741 et seq.)), to parents of
      participating children, family literacy services and parenting
      skills training;

        (6) offer to parents of participating children substance abuse
      counseling (either directly or through referral to local
      entities), including information on drug-exposed infants and
      fetal alcohol syndrome;
        (7) at the option of such agency, offer (directly or through
      referral to local entities), to such parents - 
          (A) training in basic child development;
          (B) assistance in developing communication skills;
          (C) opportunities to share experiences with other parents;
          (D) regular in-home visitation; or
          (E) any other activity designed to help such parents become
        full partners in the education of their children;

        (8) provide, with respect to each participating family, a
      family needs assessment that includes consultation with such
      parents about the benefits of parent involvement and about the
      activities described in paragraphs (4) through (7) in which such
      parents may choose to be involved (taking into consideration
      their specific family needs, work schedules, and other
      responsibilities);
        (9) consider providing services to assist younger siblings of
      children participating in its Head Start program to obtain health
      services from other sources;
        (10) perform community outreach to encourage individuals
      previously unaffiliated with Head Start programs to participate
      in its Head Start program as volunteers; and
        (11)(A) inform custodial parents in single-parent families that
      participate in programs, activities, or services carried out or
      provided under this subchapter about the availability of child
      support services for purposes of establishing paternity and
      acquiring child support; and
        (B) refer eligible parents to the child support offices of
      State and local governments.
    (c) Coordination with other agencies
      The head of each Head Start agency shall coordinate and
    collaborate with the State agency responsible for administering the
    State program carried out under subchapter II-B of this chapter,
    and other early childhood education and development programs,
    including Even Start programs under part B of chapter 1 of title I
    of the Elementary and Secondary Education Act of 1965 (!1) (20
    U.S.C. 2741 et seq.) and programs under part C and section 619 of
    the Individuals with Disabilities Education Act (20 U.S.C (!2) 1431-
    1444, 1419), serving the children and families served by the Head
    Start agency to carry out the provisions of this subchapter.

    (d) Transition coordination with schools
      (1) Each Head Start agency shall take steps to ensure, to the
    maximum extent possible, that children maintain the developmental
    and educational gains achieved in Head Start programs and build
    upon such gains in further schooling.
      (2) A Head Start agency may take steps to coordinate with the
    local educational agency serving the community involved and with
    schools in which children participating in a Head Start program
    operated by such agency will enroll following such program,
    including - 
        (A) collaborating on the shared use of transportation and
      facilities; and
        (B) exchanging information on the provision of noneducational
      services to such children.

      (3) In order to promote the continued involvement of the parents
    of children that participate in Head Start programs in the
    education of their children upon transition to school, the Head
    Start agency shall - 
        (A) provide training to the parents - 
          (i) to inform the parents about their rights and
        responsibilities concerning the education of their children;
        and
          (ii) to enable the parents to understand and work with
        schools in order to communicate with teachers and other school
        personnel, to support the school work of their children, and to
        participate as appropriate in decisions relating to the
        education of their children; and

        (B) take other actions, as appropriate and feasible, to support
      the active involvement of the parents with schools, school
      personnel, and school-related organizations.

      (4) The Secretary, in cooperation with the Secretary of
    Education, shall - 
        (A) evaluate the effectiveness of the projects and activities
      funded under section 9837a of this title;
        (B) disseminate to Head Start agencies information (including
      information from the evaluation required by subparagraph (A)) on
      effective policies and activities relating to the transition of
      children from Head Start programs to public schools; and
        (C) provide technical assistance to such agencies to promote
      and assist such agencies to adopt and implement such effective
      policies and activities.
    (e) Assessment when hiring or evaluating classroom teachers
      Head Start agencies shall adopt, in consultation with experts in
    child development and with classroom teachers, an assessment to be
    used when hiring or evaluating any classroom teacher in a center-
    based Head Start program. Such assessment shall measure whether
    such teacher has mastered the functions described in section
    9843a(a)(1) of this title.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 642, Aug. 13, 1981, 95 Stat. 502;
    Pub. L. 99-425, title I, Sec. 103, Sept. 30, 1986, 100 Stat. 966;
    Pub. L. 101-501, title I, Sec. 109, Nov. 3, 1990, 104 Stat. 1231;
    Pub. L. 102-401, Sec. 2(i), (k)(3), Oct. 7, 1992, 106 Stat. 1957,
    1959; Pub. L. 103-252, title I, Sec. 109, May 18, 1994, 108 Stat.
    634; Pub. L. 105-285, title I, Sec. 109, Oct. 27, 1998, 112 Stat.
    2716; Pub. L. 108-446, title III, Sec. 305(l)(4), Dec. 3, 2004, 118
    Stat. 2806.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Part B of chapter 1 of title I of the Elementary and Secondary
    Education Act of 1965, referred to in subsecs. (b)(5) and (c),
    means part B of chapter 1 of title I of Pub. L. 89-10 which was
    classified generally to part B (Sec. 2741 et seq.) of division 1 of
    subchapter I of chapter 47 of Title 20, Education, prior to being
    omitted in the general amendment of Pub. L. 89-10 by Pub. L. 103-
    382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3519. See section
    6381 et seq. of Title 20.
      The Individuals with Disabilities Education Act, referred to in
    subsec. (c), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84 Stat.
    175, as amended. Part C of the Act is classified generally to
    subchapter III (Sec. 1431 et seq.) of chapter 33 of Title 20,
    Education. Section 619 of the Act is classified to section 1419 of
    Title 20. For complete classification of this Act to the Code, see
    section 1400 of Title 20 and Tables.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (c). Pub. L. 108-446 substituted "1431-1444" for
    "1431-1445".
      1998 - Subsec. (a). Pub. L. 105-285, Sec. 109(1), inserted "or
    for-profit" after "nonprofit".
      Subsec. (b)(6). Pub. L. 105-285, Sec. 109(2)(E), added par. (6).
    Former par. (6) redesignated (7).
      Subsec. (b)(6)(D) to (F). Pub. L. 105-285, Sec. 109(2)(A), struck
    out subpar. (D) which read as follows: "substance abuse
    counseling;" and further directed the amendment of par. (6) "by
    redesignating subparagraphs (E) and (F) and subparagraphs (D) and
    (E), respectively", which was executed by redesignating subpars.
    (E) and (F) as (D) and (E), respectively, to reflect the probable
    intent of Congress.
      Subsec. (b)(7). Pub. L. 105-285, Sec. 109(2)(D), redesignated
    par. (6) as (7). Former par. (7) redesignated (8).
      Subsec. (b)(8). Pub. L. 105-285, Sec. 109(2)(D), (F),
    redesignated par. (7) as (8) and substituted "paragraphs (4)
    through (7)" for "paragraphs (4) through (6)". Former par. (8)
    redesignated (9).
      Pub. L. 105-285, Sec. 109(2)(B), struck out "and" at end.
      Subsec. (b)(9). Pub. L. 105-285, Sec. 109(2)(D), redesignated
    par. (8) as (9). Former par. (9) redesignated (10).
      Pub. L. 105-285, Sec. 109(2)(C), substituted "; and" for period
    at end.
      Subsec. (b)(10). Pub. L. 105-285, Sec. 109(2)(D), redesignated
    par. (9) as (10).
      Subsec. (b)(11). Pub. L. 105-285, Sec. 109(2)(G), added par.
    (11).
      Subsec. (c). Pub. L. 105-285, Sec. 109(3), inserted "and
    collaborate" after "shall coordinate" and "and programs under part
    C and section 619 of the Individuals with Disabilities Education
    Act (20 U.S.C 1431-1445, 1419)" after "(20 U.S.C. 2741 et seq.)"
    and substituted "the State program carried out under the Child Care
    and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.),
    and other early childhood education and development" for "section
    602(g) of this title, and other".
      Subsec. (d)(1). Pub. L. 105-285, Sec. 109(4)(A), substituted
    "take steps to ensure, to the maximum extent possible, that
    children maintain" for "carry out the actions specified in this
    subsection, to the extent feasible and appropriate in the
    circumstances (including the extent to which such agency is able to
    secure the cooperation of parents and schools) to enable children
    to maintain" and "build" for "to build" and inserted "and
    educational" after "developmental".
      Subsec. (d)(2), (3). Pub. L. 105-285, Sec. 109(4)(B), (C),
    redesignated pars. (3) and (4) as (2) and (3), respectively, and
    struck out former par. (2) which related to coordination between
    Head Start agency and local education agency and schools.
      Subsec. (d)(4). Pub. L. 105-285, Sec. 109(4)(C), redesignated
    par. (5) as (4). Former par. (4) redesignated (3).
      Subsec. (d)(4)(A). Pub. L. 105-285, Sec. 109(4)(D), substituted
    "section 9837a of this title" for "the Head Start Transition
    Project Act (42 U.S.C. 9855 et seq.)".
      Subsec. (d)(5). Pub. L. 105-285, Sec. 109(4)(C), redesignated
    par. (5) as (4).
      Subsec. (e). Pub. L. 105-285, Sec. 109(5), added subsec. (e).
      1994 - Subsec. (b). Pub. L. 103-252, Sec. 109(1), amended subsec.
    (b) generally. Prior to amendment, subsec. (b) read as follows: "In
    order to be so designated, a Head Start agency must also (1)
    establish effective procedures by which parents and area residents
    concerned will be enabled to directly participate in decisions that
    influence the character of programs affecting their interests; (2)
    provide for their regular participation in the implementation of
    such programs; (3) provide technical and other support needed to
    enable parents and area residents to secure on their own behalf
    available assistance from public and private sources; (4) involve
    parents of children participating in its Head Start program in
    appropriate educational services (in accordance with the
    performance standards in effect upon section 9846(b) of this title
    or through referral of such parents to educational services
    available in the community) in order to aid their children to
    attain their full potential; (5) establish procedures to seek
    reimbursement, to the extent feasible, from other agencies for
    services for which any such other agency is responsible, which are
    provided to a Head Start participant by the Head Start agency; (6)
    provide (directly or through referral to educational services
    available in the community) parents of children participating in
    its Head Start program with child development and literacy skills
    training in order to aid their children to attain their full
    potential; and (7) consider providing services to assist younger
    siblings of children participating in its Head Start program to
    obtain health services from other sources."
      Subsec. (c). Pub. L. 103-252, Sec. 109(2), struck out "schools
    that will subsequently serve children in Head Start programs,"
    after "coordinate with" and inserted ", including Even Start
    programs under part B of chapter 1 of title I of the Elementary and
    Secondary Education Act of 1965 (20 U.S.C. 2741 et seq.)," after
    "other programs".
      Subsec. (d). Pub. L. 103-252, Sec. 109(3), added subsec. (d).
      1992 - Subsec. (b)(6), (7). Pub. L. 102-401, Sec. 2(i), added
    cls. (6) and (7).
      Subsec. (c). Pub. L. 102-401, Sec. 2(k)(3), substituted
    "subchapter" for "subtitle".
      1990 - Subsec. (b)(4), (5). Pub. L. 101-501, Sec. 109(1), added
    cl. (4) and redesignated former cl. (4) as (5).
      Subsec. (c). Pub. L. 101-501, Sec. 109(2), substituted "with
    schools that will subsequently serve children in Head Start
    programs, the State agency responsible for administering section
    602(g) of this title, and other programs serving the children and
    families served by the Head Start agency to carry out the
    provisions of this subtitle" for "with other State and local
    programs serving the children in the Head Start agency to carry out
    the provisions of this subsection".
      1986 - Subsec. (c). Pub. L. 99-425 inserted "State and local"
    before "programs".

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-252 effective May 18, 1994, but not
    applicable to Head Start agencies and other recipients of financial
    assistance under the Head Start Act (42 U.S.C. 9831 et seq.) until
    Oct. 1, 1994, see section 127 of Pub. L. 103-252, set out as a note
    under section 9832 of this title.

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-401 effective Oct. 7, 1992, but not
    applicable with respect to fiscal years beginning before Oct. 1,
    1992, see section 4 of Pub. L. 102-401, set out as a note under
    section 9835 of this title.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-501 effective Oct. 1, 1990, see section
    1001(a) of Pub. L. 101-501, set out as a note under section 8621 of
    this title.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-425 effective Oct. 1, 1986, see section
    1001 of Pub. L. 99-425, set out as a note under section 8621 of
    this title.

-FOOTNOTE-
    (!1) See References in Text note below.

    (!2) So in original. A period should probably follow "U.S.C".


-End-



-CITE-
    42 USC Sec. 9837a                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-
    Sec. 9837a. Head Start transition

-STATUTE-
      Each Head Start agency shall take steps to coordinate with the
    local educational agency serving the community involved and with
    schools in which children participating in a Head Start program
    operated by such agency will enroll following such program,
    including - 
        (1) developing and implementing a systematic procedure for
      transferring, with parental consent, Head Start program records
      for each participating child to the school in which such child
      will enroll;
        (2) establishing channels of communication between Head Start
      staff and their counterparts in the schools (including teachers,
      social workers, and health staff) to facilitate coordination of
      programs;
        (3) conducting meetings involving parents, kindergarten or
      elementary school teachers, and Head Start program teachers to
      discuss the educational, developmental, and other needs of
      individual children;
        (4) organizing and participating in joint transition-related
      training of school staff and Head Start staff;
        (5) developing and implementing a family outreach and support
      program in cooperation with entities carrying out parental
      involvement efforts under title I of the Elementary and Secondary
      Education Act of 1965 (20 U.S.C. 6301 et seq.);
        (6) assisting families, administrators, and teachers in
      enhancing educational and developmental continuity between Head
      Start services and elementary school classes; and
        (7) linking the services provided in such Head Start program
      with the education services provided by such local educational
      agency.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 642A, as added Pub. L. 105-285,
    title I, Sec. 110, Oct. 27, 1998, 112 Stat. 2717.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Elementary and Secondary Education Act of 1965, referred to
    in par. (5), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, as
    amended. Title I of the Act is classified generally to subchapter I
    (Sec. 6301 et seq.) of chapter 70 of Title 20, Education. For
    complete classification of this Act to the Code, see Short Title
    note set out under section 6301 of Title 20 and Tables.

-End-



-CITE-
    42 USC Sec. 9838                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-
    Sec. 9838. Submission of plans to chief executive officer

-STATUTE-
      In carrying out the provisions of this subchapter, no contract,
    agreement, grant, or other assistance shall be made for the purpose
    of carrying out a Head Start program within a State unless a plan
    setting forth such proposed contract, agreement, grant, or other
    assistance has been submitted to the chief executive officer of the
    State, and such plan has not been disapproved by such officer
    within 45 days of such submission, or, if disapproved (for reasons
    other than failure of the program to comply with State health,
    safety, and child care laws, including regulations applicable to
    comparable child care programs in the State), has been reconsidered
    by the Secretary and found by the Secretary to be fully consistent
    with the provisions and in furtherance of the purposes of this
    subchapter, as evidenced by a written statement of the Secretary's
    findings that is transmitted to such officer. Funds to cover the
    costs of the proposed contract, agreement, grant, or other
    assistance shall be obligated from the appropriation which is
    current at the time the plan is submitted to such officer. This
    section shall not, however, apply to contracts, agreements, grants,
    loans, or other assistance to any institution of higher education
    in existence on August 13, 1981.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 643, Aug. 13, 1981, 95 Stat. 502;
    Pub. L. 101-501, title I, Sec. 110, Nov. 3, 1990, 104 Stat. 1231;
    Pub. L. 102-401, Sec. 2(k)(4), Oct. 7, 1992, 106 Stat. 1959; Pub.
    L. 105-285, title I, Sec. 111, Oct. 27, 1998, 112 Stat. 2718.)


-MISC1-
                                AMENDMENTS                            
      1998 - Pub. L. 105-285, in first sentence, substituted "45 days"
    for "30 days" and "disapproved (for reasons other than failure of
    the program to comply with State health, safety, and child care
    laws, including regulations applicable to comparable child care
    programs in the State)" for "so disapproved" and inserted ", as
    evidenced by a written statement of the Secretary's findings that
    is transmitted to such officer" before period.
      1992 - Pub. L. 102-401 substituted "such officer" for "the such
    officer" in two places.
      1990 - Pub. L. 101-501 substituted "chief executive officer" for
    first reference to "Governor" and "such officer" for second and
    third references to "Governor".

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-401 effective Oct. 7, 1992, but not
    applicable with respect to fiscal years beginning before Oct. 1,
    1992, see section 4 of Pub. L. 102-401, set out as a note under
    section 9835 of this title.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-501 effective Oct. 1, 1990, see section
    1001(a) of Pub. L. 101-501, set out as a note under section 8621 of
    this title.

-End-



-CITE-
    42 USC Sec. 9839                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-
    Sec. 9839. Administrative requirements and standards

-STATUTE-
    (a) Employment practices, nonpartisanship, staff accountability,
      public access to information, etc.
      Each Head Start agency shall observe standards of organization,
    management, and administration which will assure, so far as
    reasonably possible, that all program activities are conducted in a
    manner consistent with the purposes of this subchapter and the
    objective of providing assistance effectively, efficiently, and
    free of any taint of partisan political bias or personal or family
    favoritism. Each such agency shall establish or adopt rules to
    carry out this section, which shall include rules to assure full
    staff accountability in matters governed by law, regulations, or
    agency policy. Each agency shall also provide for reasonable public
    access to information, including public hearings at the request of
    appropriate community groups and reasonable public access to books
    and records of the agency or other agencies engaged in program
    activities or operations involving the use of authority or funds
    for which it is responsible. Each such agency shall adopt for
    itself and other agencies using funds or exercising authority for
    which it is responsible, rules designed to (1) establish specific
    standards governing salaries, salary increases, travel and per diem
    allowances, and other employee benefits; (2) assure that only
    persons capable of discharging their duties with competence and
    integrity are employed and that employees are promoted or advanced
    under impartial procedures calculated to improve agency performance
    and effectiveness; (3) guard against personal or financial
    conflicts of interest; and (4) define employee duties in an
    appropriate manner which will in any case preclude employees from
    participating, in connection with the performance of their duties,
    in any form of picketing, protest, or other direct action which is
    in violation of law.
    (b) Development and administrative costs of programs
      Except as provided in subsection (f) of this section, no
    financial assistance shall be extended under this subchapter in any
    case in which the Secretary determines that the costs of developing
    and administering a program assisted under this subchapter exceed
    15 percent of the total costs, including the required non-Federal
    contributions to such costs, of such program. The Secretary shall
    establish by regulation, criteria for determining (1) the costs of
    developing and administering such program; and (2) the total costs
    of such program. In any case in which the Secretary determines that
    the cost of administering such program does not exceed 15 percent
    of such total costs but is, in the judgment of the Secretary,
    excessive, the Secretary shall forthwith require the recipient of
    such financial assistance to take such steps prescribed by the
    Secretary as will eliminate such excessive administrative cost,
    including the sharing by one or more Head Start agencies of a
    common director and other administrative personnel. The Secretary
    may waive the limitation prescribed by this subsection for specific
    periods of time not to exceed 12 months whenever the Secretary
    determines that such a waiver is necessary in order to carry out
    the purposes of this subchapter.
    (c) Rules and regulations; special or simplified requirements for
      small agencies; common or joint use of facilities
      The Secretary shall prescribe rules or regulations to supplement
    subsections (a) and (f) of this section, which shall be binding on
    all agencies carrying on Head Start program activities with
    financial assistance under this subchapter. The Secretary may,
    where appropriate, establish special or simplified requirements for
    smaller agencies or agencies operating in rural areas. Policies and
    procedures shall be established to ensure that indirect costs
    attributable to the common or joint use of facilities and services
    by programs assisted under this subchapter and other programs shall
    be fairly allocated among the various programs which utilize such
    facilities and services.
    (d) Publication and notification of proposed rules, etc.
      At least 30 days prior to their effective date, all rules,
    regulations, and application forms shall be published in the
    Federal Register and shall be sent to each grantee with the
    notification that each such grantee has the right to submit
    comments pertaining thereto to the Secretary prior to the final
    adoption thereof.
    (e) Neutrality concerning union organizing
      Funds appropriated to carry out this subchapter shall not be used
    to assist, promote, or deter union organizing.
    (f) Purchase of facility; approval requirements; financial
      assistance
      (1) The Secretary shall establish uniform procedures for Head
    Start agencies to request approval to purchase facilities, or to
    request approval of the purchase (after December 31, 1986) of
    facilities, to be used to carry out Head Start programs. The
    Secretary shall suspend any proceedings pending against any Head
    Start agency to claim costs incurred in purchasing such facilities
    until the agency has been afforded an opportunity to apply for
    approval of the purchase and the Secretary has determined whether
    the purchase will be approved. The Secretary shall not be required
    to repay claims previously satisfied by Head Start agencies for
    costs incurred in the purchase of such facilities.
      (2) Financial assistance provided under this subchapter may not
    be used by a Head Start agency to purchase a facility (including
    paying the cost of amortizing the principal, and paying interest
    on, loans) to be used to carry out a Head Start program unless the
    Secretary approves a request that is submitted by such agency and
    contains - 
        (A) a description of the site of the facility proposed to be
      purchased or that was previously purchased;
        (B) the plans and specifications of such facility;
        (C) information demonstrating that - 
          (i) the proposed purchase will result, or the previous
        purchase has resulted, in savings when compared to the costs
        that would be incurred to acquire the use of an alternative
        facility to carry out such program; or
          (ii) the lack of alternative facilities will prevent, or
        would have prevented, the operation of such program;

        (D) in the case of a request regarding a previously purchased
      facility, information demonstrating that the facility will be
      used principally as a Head Start center, or a direct support
      facility for a Head Start program; and
        (E) such other information and assurances as the Secretary may
      require.

      (3) Upon a determination by the Secretary that suitable
    facilities are not otherwise available to Indian tribes to carry
    out Head Start programs, and that the lack of suitable facilities
    will inhibit the operation of such programs, the Secretary, in the
    discretion of the Secretary, may authorize the use of financial
    assistance, from the amount reserved under section 9835(a)(2)(A) of
    this title, to make payments for the purchase of facilities owned
    by such tribes. The amount of such a payment for such a facility
    shall not exceed the fair market value of the facility.
    (g) Payments for capital expenditures
      (1) Upon a determination by the Secretary that suitable
    facilities (including public school facilities) are not otherwise
    available to Indian tribes, rural communities, and other low-income
    communities to carry out Head Start programs, that the lack of
    suitable facilities will inhibit the operation of such programs,
    and that construction of such facilities is more cost effective
    than purchase of available facilities or renovation, the Secretary,
    in the discretion of the Secretary, may authorize the use of
    financial assistance under this subchapter to make payments for
    capital expenditures related to facilities that will be used to
    carry out such programs. The Secretary shall establish uniform
    procedures for Head Start agencies to request approval for such
    payments, and shall promote, to the extent practicable, the
    collocation of Head Start programs with other programs serving low-
    income children and families.
      (2) Such payments may be used for capital expenditures (including
    paying the cost of amortizing the principal, and paying interest
    on, loans) such as expenditures for - 
        (A) construction of facilities that are not in existence on the
      date of the determination;
        (B) major renovation of facilities in existence on such date;
      and
        (C) purchase of vehicles used for programs conducted at the
      Head Start facilities.

      (3) All laborers and mechanics employed by contractors or
    subcontractors in the construction or renovation of facilities to
    be used to carry out Head Start programs shall be paid wages at not
    less than those prevailing on similar construction in the locality,
    as determined by the Secretary of Labor in accordance with sections
    3141-3144, 3146, and 3147 of title 40.
    (h) Personnel preferences to Indian tribe members
      In all personnel actions of the American Indian Programs Branch
    of the Head Start Bureau of the Administration for Children and
    Families, the Secretary shall give the same preference to
    individuals who are members of an Indian tribe as the Secretary
    gives to a disabled veteran, as defined in section 2108(3)(C) of
    title 5. The Secretary shall take such additional actions as may be
    necessary to promote recruitment of such individuals for employment
    in the Administration.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 644, Aug. 13, 1981, 95 Stat. 502;
    Pub. L. 101-501, title I, Secs. 111, 112, Nov. 3, 1990, 104 Stat.
    1231; Pub. L. 102-401, Sec. 2(j), Oct. 7, 1992, 106 Stat. 1958;
    Pub. L. 103-218, title IV, Sec. 403, Mar. 9, 1994, 108 Stat. 96;
    Pub. L. 103-252, title I, Sec. 110, May 18, 1994, 108 Stat. 636;
    Pub. L. 105-285, title I, Sec. 106(e), Oct. 27, 1998, 112 Stat.
    2712.)

-COD-
                               CODIFICATION                           
      In subsec. (g)(3), "sections 3141-3144, 3146, and 3147 of title
    40" substituted for "the Act of March 3, 1931, as amended (40
    U.S.C. 276a et seq., commonly known as the 'Davis-Bacon Act')" on
    authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat.
    1303, the first section of which enacted Title 40, Public
    Buildings, Property, and Works.


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (f)(2). Pub. L. 105-285 substituted "Financial
    assistance" for "Except as provided in section 9835(a)(3)(C)(v) of
    this title, financial assistance".
      1994 - Subsec. (d). Pub. L. 103-252, Sec. 110(1), struck out
    "guidelines, instructions," after "all rules, regulations,".
      Subsec. (f)(1). Pub. L. 103-218, Sec. 403(1), inserted ", or to
    request approval of the purchase (after December 31, 1986) of
    facilities," after "to purchase facilities" and inserted at end
    "The Secretary shall suspend any proceedings pending against any
    Head Start agency to claim costs incurred in purchasing such
    facilities until the agency has been afforded an opportunity to
    apply for approval of the purchase and the Secretary has determined
    whether the purchase will be approved. The Secretary shall not be
    required to repay claims previously satisfied by Head Start
    agencies for costs incurred in the purchase of such facilities."
      Subsec. (f)(2). Pub. L. 103-252, Sec. 110(2)(A), substituted
    "section 9835(a)(3)(C)(v)" for "section 9835(a)(3)(A)(v)".
      Subsec. (f)(2)(A). Pub. L. 103-218, Sec. 403(2)(A), inserted
    before semicolon at end "or that was previously purchased".
      Subsec. (f)(2)(C)(i). Pub. L. 103-218, Sec. 403(2)(B)(i),
    inserted ", or the previous purchase has resulted," after "purchase
    will result".
      Subsec. (f)(2)(C)(ii). Pub. L. 103-218, Sec. 403(2)(B)(ii),
    inserted ", or would have prevented," after "will prevent" and
    struck out "and" after semicolon at end.
      Subsec. (f)(2)(D), (E). Pub. L. 103-218, Sec. 403(2)(C), (D),
    added subpar. (D) and redesignated former subpar. (D) as (E).
      Subsec. (f)(3). Pub. L. 103-252, Sec. 110(2)(B), added par. (3).
      Subsecs. (g), (h). Pub. L. 103-252, Sec. 110(3), added subsecs.
    (g) and (h).
      1992 - Subsec. (b). Pub. L. 102-401, Sec. 2(j)(1), substituted
    "Except as provided in subsection (f) of this section, no" for
    "No".
      Subsec. (c). Pub. L. 102-401, Sec. 2(j)(2), substituted
    "subsections (a) and (f) of this section" for "subsection (a) of
    this section".
      Subsec. (f). Pub. L. 102-401, Sec. 2(j)(3), added subsec. (f).
      1990 - Subsec. (b). Pub. L. 101-501, Sec. 111, inserted "the
    required" before "non-Federal contributions".
      Subsec. (e). Pub. L. 101-501, Sec. 112, added subsec. (e).

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-252 effective May 18, 1994, but not
    applicable to Head Start agencies and other recipients of financial
    assistance under the Head Start Act (42 U.S.C. 9831 et seq.) until
    Oct. 1, 1994, see section 127 of Pub. L. 103-252, set out as a note
    under section 9832 of this title.

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-401 effective Oct. 7, 1992, but not
    applicable with respect to fiscal years beginning before Oct. 1,
    1992, see section 4 of Pub. L. 102-401, set out as a note under
    section 9835 of this title.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-501 effective Oct. 1, 1990, see section
    1001(a) of Pub. L. 101-501, set out as a note under section 8621 of
    this title.

                STUDY OF BENEFITS FOR HEAD START EMPLOYEES            
      Section 120 of Pub. L. 103-252 provided that:
      "(a) Study. - The Secretary of Health and Human Services shall
    conduct a study regarding the benefits available to individuals
    employed by Head Start agencies under the Head Start Act (42 U.S.C.
    9831 et seq.).
      "(b) Report. - 
        "(1) Preparation. - The Secretary shall prepare a report,
      containing the results of the study, that - 
          "(A) describes the benefits, including health care benefits,
        family and medical leave, and retirement pension benefits,
        available to such individuals;
          "(B) includes recommendations for increasing the access of
        the individuals to benefits, including access to a retirement
        pension program; and
          "(C) addresses the feasibility of participation by such
        individuals in the Federal Employees' Retirement System under
        chapter 84 of title 5, United States Code.
        "(2) Submission. - The Secretary shall submit the report to the
      appropriate committees of Congress."

-End-



-CITE-
    42 USC Sec. 9840                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-
    Sec. 9840. Participation in Head Start programs

-STATUTE-
    (a) Criteria for eligibility
      (1) The Secretary shall by regulation prescribe eligibility for
    the participation of persons in Head Start programs assisted under
    this subchapter. Except as provided in paragraph (2), such criteria
    may provide - 
        (A) that children from low-income families shall be eligible
      for participation in programs assisted under this subchapter if
      their families' incomes are below the poverty line, or if their
      families are eligible or, in the absence of child care, would
      potentially be eligible for public assistance; and
        (B) pursuant to such regulations as the Secretary shall
      prescribe, that - 
          (i) programs assisted under this subchapter may include, to a
        reasonable extent, participation of children in the area served
        who would benefit from such programs but whose families do not
        meet the low-income criteria prescribed pursuant to
        subparagraph (A); and
          (ii) a child who has been determined to meet the low-income
        criteria and who is participating in a Head Start program in a
        program year shall be considered to continue to meet the low-
        income criteria through the end of the succeeding program
        year.

    In determining, for purposes of this paragraph, whether a child who
    has applied for enrollment in a Head Start program meets the low-
    income criteria, an entity may consider evidence of family income
    during the 12 months preceding the month in which the application
    is submitted, or during the calendar year preceding the calendar
    year in which the application is submitted, whichever more
    accurately reflects the needs of the family at the time of
    application.
      (2) Whenever a Head Start program is operated in a community with
    a population of 1,000 or less individuals and - 
        (A) there is no other preschool program in the community;
        (B) the community is located in a medically underserved area,
      as designated by the Secretary pursuant to section 254c(b)(3)
      (!1) of this title and is located in a health professional
      shortage area, as designated by the Secretary pursuant to section
      254e(a)(1) of this title;

        (C) the community is in a location which, by reason of
      remoteness, does not permit reasonable access to the types of
      services described in clauses (A) and (B); and
        (D) not less than 50 percent of the families to be served in
      the community are eligible under the eligibility criteria
      established by the Secretary under paragraph (1);

    the Head Start program in each such locality shall establish the
    criteria for eligibility, except that no child residing in such
    community whose family is eligible under such eligibility criteria
    shall, by virtue of such project's eligibility criteria, be denied
    an opportunity to participate in such program. During the period
    beginning on October 30, 1984, and ending on October 1, 1994, and
    unless specifically authorized in any statute of the United States
    enacted after October 30, 1984, the Secretary may not make any
    change in the method, as in effect on April 25, 1984, of
    calculating income used to prescribe eligibility for the
    participation of persons in the Head Start programs assisted under
    this subchapter if such change would result in any reduction in, or
    exclusion from, participation of persons in any of such programs.
    (b) Establishment of fee schedule or charging of fees; payment by
      families willing and able to pay
      The Secretary shall not prescribe any fee schedule or otherwise
    provide for the charging of any fees for participation in Head
    Start programs, unless such fees are authorized by legislation
    hereafter enacted. Nothing in this subsection shall be construed to
    prevent the families of children who participate in Head Start
    programs and who are willing and able to pay the full cost of such
    participation from doing so. A Head Start agency that provides a
    Head Start program with full-working-day services in collaboration
    with other agencies or entities may collect a family copayment to
    support extended day services if a copayment is required in
    conjunction with the collaborative. The copayment charged to
    families receiving services through the Head Start program shall
    not exceed the copayment charged to families with similar incomes
    and circumstances who are receiving the services through
    participation in a program carried out by another agency or entity.
    (c) Availability of more than one year of services; children
      eligible
      Each Head Start program operated in a community shall be
    permitted to provide more than 1 year of Head Start services to
    eligible children (age 3 to compulsory school attendance) in the
    State. Each Head Start program operated in a community shall be
    permitted to recruit and accept applications for enrollment of
    children throughout the year.
    (d) Indian tribes
      (1) An Indian tribe that - 
        (A) operates a Head Start program;
        (B) enrolls as participants in the program all children in the
      community served by the tribe (including a community that is an
      off-reservation area, designated by an appropriate tribal
      government, in consultation with the Secretary) from families
      that meet the low-income criteria prescribed under subsection
      (a)(1)(A) of this section; and
        (C) has the resources to enroll additional children in the
      community who do not meet the low-income criteria;

    may enroll such additional children in a Head Start program, in
    accordance with this subsection, if the program predominantly
    serves children who meet the low-income criteria.
      (2) The Indian tribe shall enroll the children in the Head Start
    program in accordance with such requirements as the Secretary may
    specify by regulation promulgated after consultation with Indian
    tribes.
      (3) In providing services through a Head Start program to such
    children, the Indian tribe may not use funds that the Secretary has
    determined, in accordance with section 9835(g)(3) of this title,
    are to be used for expanding Head Start programs under this
    subchapter.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 645, Aug. 13, 1981, 95 Stat. 504;
    Pub. L. 98-558, title I, Sec. 105, Oct. 30, 1984, 98 Stat. 2879;
    Pub. L. 99-425, title I, Sec. 104, Sept. 30, 1986, 100 Stat. 966;
    Pub. L. 101-501, title I, Secs. 113, 114, Nov. 3, 1990, 104 Stat.
    1231; Pub. L. 101-597, title IV, Sec. 401(e), Nov. 16, 1990, 104
    Stat. 3035; Pub. L. 103-252, title I, Sec. 111, May 18, 1994, 108
    Stat. 637; Pub. L. 105-285, title I, Sec. 112, Oct. 27, 1998, 112
    Stat. 2718.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 254c of this title, referred to in subsec. (a)(2)(B), was
    in the original a reference to section 330 of the Public Health
    Service Act, act July 1, 1944, which was omitted in the general
    amendment of subpart I (Sec. 254b et seq.) of part D of subchapter
    II of chapter 6A of this title by Pub. L. 104-299, Sec. 2, Oct. 11,
    1996, 110 Stat. 3626. Sections 2 and 3(a) of Pub. L. 104-299
    enacted new sections 330 and 330A of act July 1, 1944, which are
    classified, respectively, to sections 254b and 254c of this title.


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (a)(1). Pub. L. 105-285, Sec. 112(a), substituted
    "criteria may provide - " for "criteria may provide", realigned
    margins of subpars. (A) and (B), in subpar. (B) substituted "shall
    prescribe, that - " for "shall prescribe, that", inserted "(i)"
    before "programs assisted under this subchapter may", and
    substituted "subparagraph (A); and", cl. (ii), and concluding
    provisions for "clause (A)."
      Subsec. (b). Pub. L. 105-285, Sec. 112(b), inserted at end "A
    Head Start agency that provides a Head Start program with full-
    working-day services in collaboration with other agencies or
    entities may collect a family copayment to support extended day
    services if a copayment is required in conjunction with the
    collaborative. The copayment charged to families receiving services
    through the Head Start program shall not exceed the copayment
    charged to families with similar incomes and circumstances who are
    receiving the services through participation in a program carried
    out by another agency or entity."
      Subsec. (c). Pub. L. 105-285, Sec. 112(c), inserted at end "Each
    Head Start program operated in a community shall be permitted to
    recruit and accept applications for enrollment of children
    throughout the year."
      Subsec. (d)(1)(B). Pub. L. 105-285, Sec. 112(d), substituted "a
    community that is an off-reservation area, designated by an
    appropriate tribal government, in consultation with the Secretary"
    for "a community with a near-reservation designation, as defined by
    the Bureau of Indian Affairs".
      1994 - Subsec. (c). Pub. L. 103-252, Sec. 111(1), substituted
    "shall be permitted to provide more than 1 year of Head Start
    services to eligible children (age 3 to compulsory school
    attendance) in the State." for "may provide more than one year of
    Head Start services to children from age 3 to the age of compulsory
    school attendance in the State in which the Head Start program is
    located. The Secretary may not issue or enforce any rule (as
    defined in section 551(4) of title 5) or guideline that forbids any
    Head Start agency to carry out a Head Start program in accordance
    with the authority described in the preceding sentence."
      Subsec. (d). Pub. L. 103-252, Sec. 111(2), added subsec. (d).
      1990 - Subsec. (a)(2). Pub. L. 101-501, Sec. 113, substituted
    "1994" for "1990" in closing provisions.
      Subsec. (a)(2)(B). Pub. L. 101-597 substituted "health
    professional shortage area" for "health manpower shortage area".
      Subsec. (c). Pub. L. 101-501, Sec. 114, inserted at end "The
    Secretary may not issue or enforce any rule (as defined in section
    551(4) of title 5) or guideline that forbids any Head Start agency
    to carry out a Head Start program in accordance with the authority
    described in the preceding sentence."
      1986 - Subsec. (a)(2). Pub. L. 99-425 substituted "1990" for
    "1986" in closing provisions.
      1984 - Subsec. (a)(2). Pub. L. 98-558, Sec. 105(a), inserted at
    end "During the period beginning on October 30, 1984, and ending on
    October 1, 1986, and unless specifically authorized in any statute
    of the United States enacted after October 30, 1984, the Secretary
    may not make any change in the method, as in effect on April 25,
    1984, of calculating income used to prescribe eligibility for the
    participation of persons in the Head Start programs assisted under
    this subchapter if such change would result in any reduction in, or
    exclusion from, participation of persons in any of such programs."
      Subsec. (c). Pub. L. 98-558, Sec. 105(b), added subsec. (c).

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-252 effective May 18, 1994, but not
    applicable to Head Start agencies and other recipients of financial
    assistance under the Head Start Act (42 U.S.C. 9831 et seq.) until
    Oct. 1, 1994, see section 127 of Pub. L. 103-252, set out as a note
    under section 9832 of this title.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-501 effective Oct. 1, 1990, see section
    1001(a) of Pub. L. 101-501, set out as a note under section 8621 of
    this title.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-425 effective Oct. 1, 1986, see section
    1001 of Pub. L. 99-425, set out as a note under section 8621 of
    this title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    42 USC Sec. 9840a                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-
    Sec. 9840a. Early Head Start programs for families with infants and
      toddlers

-STATUTE-
    (a) In general
      The Secretary shall make grants, in accordance with the
    provisions of this section for programs providing family-centered
    services for low-income families with very young children designed
    to promote the development of the children, and to enable their
    parents to fulfill their roles as parents and to move toward self-
    sufficiency.
    (b) Scope and design of programs
      In carrying out a program described in subsection (a) of this
    section, an entity receiving assistance under this section shall - 
        (1) provide, either directly or through referral, early,
      continuous, intensive, and comprehensive child development and
      family support services that will enhance the physical, social,
      emotional, and intellectual development of participating
      children;
        (2) ensure that the level of services provided to families
      responds to their needs and circumstances;
        (3) promote positive parent-child interactions;
        (4) provide services to parents to support their role as
      parents and to help the families move toward self-sufficiency
      (including educational and employment services as appropriate);
        (5) coordinate services with services provided by programs in
      the State and programs in the community (including programs for
      infants and toddlers with disabilities) to ensure a comprehensive
      array of services (such as health and mental health services);
        (6) ensure formal linkages with local Head Start programs in
      order to provide for continuity of services for children and
      families;
        (7) in the case of a Head Start agency that operates a program
      and that also provides Head Start services through the age of
      mandatory school attendance, ensure that children and families
      participating in the program receive such services through such
      age;
        (8) ensure formal linkages with the agencies and entities
      described in section 644(b) of the Individuals with Disabilities
      Education Act (20 U.S.C. 1444(b)) and providers of early
      intervention services for infants and toddlers with disabilities
      under the Individuals with Disabilities Education Act (20 U.S.C.
      1400 et seq.); and
        (9) meet such other requirements concerning design and
      operation of the program described in subsection (a) of this
      section as the Secretary may establish.
    (c) Persons eligible to participate
      Persons who may participate in programs described in subsection
    (a) of this section include - 
        (1) pregnant women; and
        (2) families with children under age 3;

    who meet the income criteria specified for families in section
    9840(a)(1) of this title.
    (d) Eligible service providers
      To be eligible to receive assistance under this section, an
    entity shall submit an application to the Secretary at such time,
    in such manner, and containing such information as the Secretary
    may require. Entities that may apply to carry out activities under
    this section include - 
        (1) entities operating Head Start programs under this
      subchapter; and
        (2) other public entities, and nonprofit or for-profit private
      entities, capable of providing child and family services that
      meet the standards for participation in programs under this
      subchapter and meet such other appropriate requirements relating
      to the activities under this section as the Secretary may
      establish.
    (e) Selection of grant recipients
      From the portion specified in section 9835(a)(6) of this title,
    the Secretary shall award grants under this subsection on a
    competitive basis to applicants meeting the criteria specified in
    subsection (d) of this section (giving priority to entities with a
    record of providing early, continuous, and comprehensive childhood
    development and family services).
    (f) Distribution
      In awarding grants to eligible applicants under this section, the
    Secretary shall - 
        (1) ensure an equitable national geographic distribution of the
      grants; and
        (2) award grants to applicants proposing to serve communities
      in rural areas and to applicants proposing to serve communities
      in urban areas.
    (g) Monitoring, training, technical assistance, and evaluation
      (1) Requirement
        In order to ensure the successful operation of programs
      assisted under this section, the Secretary shall use funds from
      the portion specified in section 9835(a)(6) of this title to
      monitor the operation of such programs, evaluate their
      effectiveness, and provide training and technical assistance
      tailored to the particular needs of such programs.
      (2) Training and technical assistance account
        (A) In general
          Of the amount made available to carry out this section for
        any fiscal year, not less than 5 percent and not more than 10
        percent shall be reserved to fund a training and technical
        assistance account.
        (B) Activities
          Funds in the account may be used by the Secretary for
        purposes including - 
            (i) making grants to, and entering into contracts with,
          organizations with specialized expertise relating to infants,
          toddlers, and families and the capacity needed to provide
          direction and support to a national training and technical
          assistance system, in order to provide such direction and
          support;
            (ii) providing ongoing training and technical assistance
          for regional and program staff charged with monitoring and
          overseeing the administration of the program carried out
          under this section;
            (iii) providing ongoing training and technical assistance
          for existing recipients (as of the date of such training or
          assistance) of grants under subsection (a) of this section
          and support and program planning and implementation
          assistance for new recipients of such grants; and
            (iv) providing professional development and personnel
          enhancement activities, including the provision of funds to
          recipients of grants under subsection (a) of this section for
          the recruitment and retention of qualified staff with an
          appropriate level of education and experience.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 645A, as added Pub. L. 103-252,
    title I, Sec. 112(a), May 18, 1994, 108 Stat. 638; amended Pub. L.
    105-285, title I, Sec. 113, Oct. 27, 1998, 112 Stat. 2719.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Individuals with Disabilities Education Act, referred to in
    subsec. (b)(8), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84
    Stat. 175, as amended, which is classified generally to chapter 33
    (Sec. 1400 et seq.) of Title 20, Education. For complete
    classification of this Act to the Code, see section 1400 of Title
    20 and Tables.


-MISC1-
                                AMENDMENTS                            
      1998 - Pub. L. 105-285, Sec. 113(1), inserted "Early Head Start"
    in section catchline.
      Subsec. (a). Pub. L. 105-285, Sec. 113(2), substituted
    "provisions of this section for" for "provisions of this section
    for - ", struck out par. (1) designation before "programs
    providing", substituted "self-sufficiency." for "self-sufficiency;
    and", and struck out par. (2) which read as follows: "provision of
    training and technical assistance to entities carrying out
    programs, and evaluation of programs, that were supported under the
    Comprehensive Child Development Act (42 U.S.C. 9881 et seq.), as in
    effect on the day before May 18, 1994."
      Subsec. (b)(5). Pub. L. 105-285, Sec. 113(3)(A), inserted
    "(including programs for infants and toddlers with disabilities)"
    after "community".
      Subsec. (b)(7). Pub. L. 105-285, Sec. 113(3)(B), struck out "and"
    at end.
      Subsec. (b)(8), (9). Pub. L. 105-285, Sec. 113(3)(C), (D), added
    par. (8) and redesignated former par. (8) as (9).
      Subsec. (c). Pub. L. 105-285, Sec. 113(4)(A), substituted
    "subsection (a) of this section" for "subsection (a)(1) of this
    section" in introductory provisions.
      Subsec. (c)(2). Pub. L. 105-285, Sec. 113(4)(B), substituted "3;"
    for "3 (or under age 5, in the case of children served by an entity
    specified in subsection (e)(3) of this section);".
      Subsec. (d). Pub. L. 105-285, Sec. 113(5), inserted "and" at end
    of par. (1), redesignated par. (3) as (2), inserted "or for-profit"
    after "nonprofit", and struck out former par. (2) which read as
    follows: "entities that, on the day before the date of enactment of
    this section, were operating - 
        "(A) Parent-Child Centers receiving financial assistance under
      section 9835(a)(4) of this title, as in effect on such date; or
        "(B) programs receiving financial assistance under the
      Comprehensive Child Development Act, as in effect on such date;
      and".
      Subsec. (e). Pub. L. 105-285, Sec. 113(8), struck out "other"
    before "grant recipients" in heading and substituted "From the
    portion specified in section 9835(a)(6) of this title," for "From
    the balance remaining of the portion specified in section
    9835(a)(6) of this title, after making grants to the eligible
    entities specified in subsection (e) of this section," in text.
      Pub. L. 105-285, Sec. 113(6), (7), redesignated subsec. (f) as
    (e) and struck out heading and text of former subsec. (e) which
    related to time-limited priority for certain entities.
      Subsecs. (f), (g). Pub. L. 105-285, Sec. 113(7), (10), added
    subsec. (g) and redesignated former subsec. (g) as (f). Former
    subsec. (f) redesignated (e).
      Subsec. (h). Pub. L. 105-285, Sec. 113(9), struck out heading and
    text of subsec. (h) which related to Secretarial responsibilities.

                              EFFECTIVE DATE                          
      Section effective May 18, 1994, but not applicable to Head Start
    agencies and other recipients of financial assistance under the
    Head Start Act (42 U.S.C. 9831 et seq.) until Oct. 1, 1994, see
    section 127 of Pub. L. 103-252, set out as an Effective Date of
    1994 Amendment note under section 9832 of this title.

-End-



-CITE-
    42 USC Sec. 9841                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-
    Sec. 9841. Appeals, notice, hearing, and mediation; alternative
      agency for Indian tribe

-STATUTE-
    (a) Notice requirements; suspension or termination of assistance
      stayed pending hearing; mediation
      The Secretary shall prescribe procedures to assure that - 
        (1) special notice of and an opportunity for a timely and
      expeditious appeal to the Secretary will be provided for an
      agency or organization which desires to serve as a delegate
      agency under this subchapter and whose application to the Head
      Start agency has been wholly or substantially rejected or has not
      been acted upon within a period of time deemed reasonable by the
      Secretary, in accordance with regulations which the Secretary
      shall prescribe;
        (2) financial assistance under this subchapter shall not be
      suspended, except in emergency situations, unless the recipient
      agency has been given reasonable notice and opportunity to show
      cause why such action should not be taken;
        (3) financial assistance under this subchapter shall not be
      terminated or reduced, an application for refunding shall not be
      denied, and a suspension of financial assistance shall not be
      continued for longer than 30 days, unless the recipient has been
      afforded reasonable notice and opportunity for a full and fair
      hearing; and
        (4) the Secretary shall develop and publish procedures
      (including mediation procedures) to be used in order to - 
          (A) resolve in a timely manner conflicts potentially leading
        to adverse action between - 
            (i) recipients of financial assistance under this
          subchapter; and
            (ii) delegate agencies or Head Start Parent Policy
          Councils; and

          (B) avoid the need for an administrative hearing on an
        adverse action.
    (b) Notification of conflict by Head Start agency to regional
      office
      In prescribing procedures for the mediation described in
    subsection (a)(4) of this section, the Secretary shall specify - 
        (1) the date by which a Head Start agency engaged in a conflict
      described in subsection (a)(4) of this section will notify the
      appropriate regional office of the Department of the conflict;
      and
        (2) a reasonable period for the mediation.
    (c) Timeline for administrative hearing
      The Secretary shall also specify - 
        (1) a timeline for an administrative hearing, if necessary, on
      an adverse action; and
        (2) a timeline by which the person conducting the
      administrative hearing shall issue a decision based on the
      hearing.
    (d) Termination of designation not stayed upon appeal
      In any case in which a termination, reduction, or suspension of
    financial assistance under this subchapter is upheld in an
    administrative hearing under this section, such termination,
    reduction, or suspension shall not be stayed pending any judicial
    appeal of such administrative decision.
    (e) Establishment of alternative agency by Indian tribe
      (1) The Secretary shall by regulation specify a process by which
    an Indian tribe may identify and establish an alternative agency,
    and request that the alternative agency be designated under section
    9836 of this title as the Head Start agency providing services to
    the tribe, if - 
        (A) the Secretary terminates financial assistance under this
      section to the only agency that was receiving financial
      assistance to provide Head Start services to the Indian tribe;
      and
        (B) the tribe would otherwise be precluded from providing such
      services to the members of the tribe.

      (2) The regulation required by this subsection shall prohibit
    such designation of an alternative agency that includes an employee
    who - 
        (A) served on the administrative staff or program staff of the
      agency described in paragraph (1)(A); and
        (B) was responsible for a deficiency that - 
          (i) relates to the performance standards or financial
        management standards described in section 9836a(a)(1) of this
        title; and
          (ii) was the basis for the termination of financial
        assistance described in paragraph (1)(A);

      as determined by the Secretary after providing the notice and
      opportunity described in subsection (a)(3) of this section.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 646, Aug. 13, 1981, 95 Stat. 504;
    Pub. L. 101-501, title I, Sec. 115, Nov. 3, 1990, 104 Stat. 1232;
    Pub. L. 103-252, title I, Sec. 113, May 18, 1994, 108 Stat. 641.)


-MISC1-
                                AMENDMENTS                            
      1994 - Subsec. (a)(4). Pub. L. 103-252, Sec. 113(a), added par.
    (4).
      Subsecs. (b) to (e). Pub. L. 103-252, Sec. 113(b), added subsecs.
    (b) to (e) and struck out former subsec. (b) which read as follows:
    "The Secretary may not prescribe any procedure that would modify
    the operation of section 1303.21 or 1303.33, or any of subdivisions
    (a) through (f) of section 1303.35, of title 45 of the Code of
    Federal Regulations as in effect on April 1, 1990."
      1990 - Subsec. (a). Pub. L. 101-501, Sec. 115(1), (2), designated
    existing provisions as subsec. (a) and inserted "or reduced" after
    "terminated" in par. (3).
      Subsec. (b). Pub. L. 101-501, Sec. 115(3), added subsec. (b).

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-252 effective May 18, 1994, but not
    applicable to Head Start agencies and other recipients of financial
    assistance under the Head Start Act (42 U.S.C. 9831 et seq.) until
    Oct. 1, 1994, see section 127 of Pub. L. 103-252, set out as a note
    under section 9832 of this title.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by section 115(1), (2) of Pub. L. 101-501 effective
    Oct. 1, 1990, and amendment by section 115(3) of Pub. L. 101-501
    effective Apr. 1, 1990, see section 1001(a), (b)(2) of Pub. L. 101-
    501, set out as a note under section 8621 of this title.

-End-



-CITE-
    42 USC Sec. 9842                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-
    Sec. 9842. Records and audits

-STATUTE-
      (a) Each recipient of financial assistance under this subchapter
    shall keep such records as the Secretary shall prescribe, including
    records which fully disclose the amount and disposition by such
    recipient of the proceeds of such financial assistance, the total
    cost of the project or undertaking in connection with which such
    financial assistance is given or used, the amount of that portion
    of the cost of the project or undertaking supplied by other
    sources, and such other records as will facilitate an effective
    audit.
      (b) The Secretary and the Comptroller General of the United
    States, or any of their duly authorized representatives, shall have
    access for the purpose of audit and examination to any books,
    documents, papers, and records of the recipients that are pertinent
    to the financial assistance received under this subchapter.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 647, Aug. 13, 1981, 95 Stat. 505.)

-End-



-CITE-
    42 USC Sec. 9843                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-
    Sec. 9843. Technical assistance and training

-STATUTE-
    (a) Technical assistance and personnel training
      The Secretary shall provide, directly or through grants or other
    arrangements (1) technical assistance to communities in developing,
    conducting, and administering programs under this subchapter; and
    (2) training for specialized or other personnel needed in
    connection with Head Start programs, in accordance with the
    process, and the provisions for allocating resources, set forth in
    subsections (b) and (c) of this section.
    (b) Consideration of local needs
      The process for determining the technical assistance and training
    activities to be carried out under this section shall - 
        (1) ensure that the needs of local Head Start agencies and
      programs relating to improving program quality and to program
      expansion are addressed to the maximum extent feasible;
        (2) incorporate mechanisms to ensure responsiveness to local
      needs, including an ongoing procedure for obtaining input from
      the individuals and agencies carrying out Head Start programs;
      and
        (3) ensure the provision of technical assistance to assist Head
      Start agencies, entities carrying out other child care and early
      childhood programs, communities, and States in collaborative
      efforts to provide quality full-working-day, full calendar year
      services, including technical assistance related to identifying
      and assisting in resolving barriers to collaboration.
    (c) Prioritization of resource allocation
      In allocating resources for technical assistance and training
    under this section, the Secretary shall - 
        (1) give priority consideration to - 
          (A) activities to correct program and management deficiencies
        identified through reviews carried out pursuant to section
        9836a(c) of this title (including the provision of assistance
        to local programs in the development of quality improvement
        plans under section 9836a(d)(2) of this title); and
          (B) assisting Head Start agencies in - 
            (i) ensuring the school readiness of children; and
            (ii) meeting the educational performance measures described
          in section 9836a(b)(4) of this title;

        (2) supplement amounts provided under section 9835(a)(3)(C)(ii)
      of this title in order to address the training and career
      development needs of classroom staff (including instruction for
      providing services to children with disabilities) and
      nonclassroom staff, including home visitors and other staff
      working directly with families, including training relating to
      increasing parent involvement and services designed to increase
      family literacy and improve parenting skills;
        (3) assist Head Start agencies in the development of
      collaborative initiatives with States and other entities within
      the States, to foster effective early childhood professional
      development systems;
        (4) provide technical assistance and training, either directly
      or through a grant, contract, or cooperative agreement with an
      entity that has experience in the development and operation of
      successful family literacy services programs, for the purpose of -
       
          (A) assisting Head Start agencies providing family literacy
        services, in order to improve the quality of such family
        literacy services; and
          (B) enabling those Head Start agencies that demonstrate
        effective provision of family literacy services, based on
        improved outcomes for children and their parents, to provide
        technical assistance and training to other Head Start agencies
        and to service providers that work in collaboration with such
        agencies to provide family literacy services;

        (5) assist Head Start agencies and programs in conducting and
      participating in communitywide strategic planning and needs
      assessment;
        (6) assist Head Start agencies and programs in developing and
      implementing full-working-day and full-calendar-year programs
      where community need is clearly identified and making the
      transition to such programs, with particular attention to
      involving parents and programming for children throughout the
      day, and assist the agencies and programs in expediting the
      sharing of information about innovative models for providing full-
      working-day, full calendar year services for children;
        (7) assist Head Start agencies in better serving the needs of
      families with very young children;
        (8) assist Head Start agencies and programs in the development
      of sound management practices, including financial management
      procedures;
        (9) assist in efforts to secure and maintain adequate
      facilities for Head Start programs;
        (10) assist Head Start agencies in developing innovative
      program models, including mobile and home-based programs; and
        (11) provide support for Head Start agencies (including policy
      councils and policy committees, as defined in regulation) that
      meet the standards described in section 9836a(a) of this title
      but that have, as documented by the Secretary through reviews
      conducted pursuant to section 9836a(c) of this title, significant
      programmatic, quality, and fiscal issues to address.
    (d) Training in performing and visual arts and electronic media
      The Secretary may provide, either directly or through grants to
    public or private nonprofit entities, training for Head Start
    personnel in the use of the performing and visual arts and
    interactive programs using electronic media to enhance the learning
    experience of Head Start children. Special consideration shall be
    given to entities that have demonstrated effectiveness in
    educational programming for preschool children that includes
    components for parental involvement, care provider training, and
    developmentally appropriate related activities.
    (e) Child development and assessment program
      The Secretary shall provide, either directly or through grants or
    other arrangements, funds from programs authorized under this
    subchapter to support an organization to administer a centralized
    child development and national assessment program leading to
    recognized credentials for personnel working in early childhood
    development and child care programs, training for personnel
    providing services to non-English language background children
    (including services to promote the acquisition of the English
    language), training for personnel in helping children cope with
    community violence, and resource access projects for personnel
    working with disabled children.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 648, Aug. 13, 1981, 95 Stat. 505;
    Pub. L. 98-558, title I, Sec. 106, Oct. 30, 1984, 98 Stat. 2879;
    Pub. L. 101-501, title I, Sec. 116(a), Nov. 3, 1990, 104 Stat.
    1232; Pub. L. 102-586, Sec. 7(b), Nov. 4, 1992, 106 Stat. 5035;
    Pub. L. 103-252, title I, Sec. 114, May 18, 1994, 108 Stat. 642;
    Pub. L. 105-285, title I, Sec. 114, Oct. 27, 1998, 112 Stat. 2721.)


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (b)(3). Pub. L. 105-285, Sec. 114(a)(1), added
    par. (3).
      Subsec. (c)(1). Pub. L. 105-285, Sec. 114(a)(2)(A), amended par.
    (1) generally. Prior to amendment, par. (1) read as follows: "give
    priority consideration to activities to correct program and
    management deficiencies identified through reviews pursuant to
    section 9836a(c) of this title (including the provision of
    assistance to local programs in the development of quality
    improvement plans under section 9836a(d)(2) of this title);".
      Subsec. (c)(2). Pub. L. 105-285, Sec. 114(a)(2)(B), inserted
    "supplement amounts provided under section 9835(a)(3)(C)(ii) of
    this title in order to" after "(2)".
      Subsec. (c)(3). Pub. L. 105-285, Sec. 114(a)(2)(G), added par.
    (3). Former par. (3) redesignated (5).
      Subsec. (c)(4). Pub. L. 105-285, Sec. 114(a)(2)(G), added par.
    (4). Former par. (4) redesignated (6).
      Pub. L. 105-285, Sec. 114(a)(2)(C), inserted "and implementing"
    after "developing" and substituted "the day, and assist the
    agencies and programs in expediting the sharing of information
    about innovative models for providing full-working-day, full
    calendar year services for children" for "a longer day" before
    semicolon.
      Subsec. (c)(5), (6). Pub. L. 105-285, Sec. 114(a)(2)(F),
    redesignated pars. (3) and (4) as (5) and (6), respectively. Former
    pars. (5) and (6) redesignated (7) and (8), respectively.
      Subsec. (c)(7). Pub. L. 105-285, Sec. 114(a)(2)(F), redesignated
    par. (5) as (7). Former par. (7) redesignated (9).
      Pub. L. 105-285, Sec. 114(a)(2)(D), struck out "and" at end.
      Subsec. (c)(8). Pub. L. 105-285, Sec. 114(a)(2)(F), redesignated
    par. (6) as (8). Former par. (8) redesignated (10).
      Pub. L. 105-285, Sec. 114(a)(2)(E), substituted "; and" for
    period at end.
      Subsec. (c)(9), (10). Pub. L. 105-285, Sec. 114(a)(2)(F),
    redesignated pars. (7) and (8) as (9) and (10), respectively.
      Subsec. (c)(11). Pub. L. 105-285, Sec. 114(a)(2)(H), added par.
    (11).
      Subsec. (e). Pub. L. 105-285, Sec. 114(b), inserted "(including
    services to promote the acquisition of the English language)" after
    "non-English language background children".
      1994 - Pub. L. 103-252, Sec. 114(1), substituted "Technical
    assistance and training" for "Technical assistance, training, and
    staff qualifications" in section catchline.
      Subsec. (a). Pub. L. 103-252, Sec. 114(3)(A), redesignated as
    subsec. (e) the last sentence which read as follows: "The Secretary
    shall provide, either directly or through grants or other
    arrangements, funds from programs authorized under this subchapter
    to support an organization to administer a centralized child
    development and national assessment program leading to recognized
    credentials for personnel working in early childhood development
    and child care programs, training for personnel providing services
    to non-English language background children, training for personnel
    in helping children cope with community violence, and resource
    access projects for personnel working with disabled children."
      Pub. L. 103-252, Sec. 114(2), substituted "(2) training for
    specialized or other personnel needed in connection with Head Start
    programs, in accordance with the process, and the provisions for
    allocating resources, set forth in subsections (b) and (c) of this
    section. The Secretary shall provide, either directly or through
    grants or other arrangements," for "(2) training for specialized or
    other personnel needed in connection with Head Start programs,
    including".
      Subsec. (b). Pub. L. 103-252, Sec. 114(4), (5), added subsec. (b)
    and struck out former subsec. (b) which related to teacher
    qualifications and waiver of same.
      Subsec. (c). Pub. L. 103-252, Sec. 114(4), (5), added subsec. (c)
    and struck out former subsec. (c) which related to Secretary
    developing systematic approach to training Head Start personnel and
    reporting on such approach to Congress.
      Subsec. (d). Pub. L. 103-252, Sec. 114(6), inserted at end
    "Special consideration shall be given to entities that have
    demonstrated effectiveness in educational programming for preschool
    children that includes components for parental involvement, care
    provider training, and developmentally appropriate related
    activities."
      Subsec. (e). Pub. L. 103-252, Sec. 114(3), redesignated last
    sentence of subsec. (a) as (e).
      1992 - Subsec. (a)(2). Pub. L. 102-586, Sec. 7(b)(1), substituted
    "funds from programs authorized under this subchapter to support an
    organization to administer a centralized child development and
    national assessment program leading to recognized credentials for
    personnel working in early childhood development and child care
    programs, training for personnel providing services to non-English
    language background children, training for personnel in helping
    children cope with community violence, and resource access projects
    for personnel working with disabled" for "a centralized child
    development training and national assessment program which may be
    administered at the State or local level leading to recognized
    credentials for such personnel, training for personnel providing
    services to non-English language background children, and resource
    access projects for personnel of handicapped".
      Subsecs. (c), (d). Pub. L. 102-586, Sec. 7(b)(2), added subsecs.
    (c) and (d).
      1990 - Pub. L. 101-501 substituted "Technical assistance,
    training, and staff qualifications" for "Technical assistance and
    training" in section catchline, designated existing provisions as
    subsec. (a), inserted "training for personnel providing services to
    non-English language background children," after "such personnel,"
    in cl. (2), and added subsec. (b).
      1984 - Pub. L. 98-558 substituted "shall" for "may" and inserted
    provision including a centralized child development training and
    national assessment program.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-252 effective May 18, 1994, but not
    applicable to Head Start agencies and other recipients of financial
    assistance under the Head Start Act (42 U.S.C. 9831 et seq.) until
    Oct. 1, 1994, see section 127 of Pub. L. 103-252, set out as a note
    under section 9832 of this title.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-501 effective Oct. 1, 1990, see section
    1001(a) of Pub. L. 101-501, set out as a note under section 8621 of
    this title.

                      HEAD START TRAINING IMPROVEMENT                  
      Section 7(a) of Pub. L. 102-586 provided that: "It is the purpose
    of this section - 
        "(1) to promote continued access for Head Start and other early
      childhood staff to the Child Development Associate credential;
        "(2) to increase the ability of Head Start staff to address the
      problems facing Head Start families;
        "(3) to create a systematic approach to training, thereby
      improving the quality of Head Start instruction and using
      training funds more efficiently and effectively; and
        "(4) to allow the use of training funds for creative approaches
      to learning for children."

-End-



-CITE-
    42 USC Sec. 9843a                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-
    Sec. 9843a. Staff qualifications and development

-STATUTE-
    (a) Classroom teachers
      (1) Professional requirements
        The Secretary shall ensure that each Head Start classroom in a
      center-based program is assigned one teacher who has demonstrated
      competency to perform functions that include - 
          (A) planning and implementing learning experiences that
        advance the intellectual and physical development of children,
        including improving the readiness of children for school by
        developing their literacy and phonemic, print, and numeracy
        awareness, their understanding and use of language, their
        understanding and use of increasingly complex and varied
        vocabulary, their appreciation of books, and their problem
        solving abilities;
          (B) establishing and maintaining a safe, healthy learning
        environment;
          (C) supporting the social and emotional development of
        children; and
          (D) encouraging the involvement of the families of the
        children in a Head Start program and supporting the development
        of relationships between children and their families.
      (2) Degree requirements
        (A) In general
          The Secretary shall ensure that not later than September 30,
        2003, at least 50 percent of all Head Start teachers nationwide
        in center-based programs have - 
            (i) an associate, baccalaureate, or advanced degree in
          early childhood education; or
            (ii) an associate, baccalaureate, or advanced degree in a
          field related to early childhood education, with experience
          in teaching preschool children.
        (B) Progress
          The Secretary shall require Head Start agencies to
        demonstrate continuing progress each year to reach the result
        described in subparagraph (A).
      (3) Alternative credentialing requirements
        The Secretary shall ensure that, for center-based programs,
      each Head Start classroom that does not have a teacher that meets
      the requirements of clause (i) or (ii) of paragraph (2)(A) is
      assigned one teacher who has - 
          (A) a child development associate credential that is
        appropriate to the age of the children being served in center-
        based programs;
          (B) a State-awarded certificate for preschool teachers that
        meets or exceeds the requirements for a child development
        associate credential; or
          (C) a degree in a field related to early childhood education
        with experience in teaching preschool children and a State-
        awarded certificate to teach in a preschool program.
      (4) Waiver
        (A) In general
          On request, the Secretary shall grant a 180-day waiver of the
        requirements of paragraph (3), for a Head Start agency that can
        demonstrate that the agency has unsuccessfully attempted to
        recruit an individual who has a credential, certificate, or
        degree described in paragraph (3), with respect to an
        individual who - 
            (i) is enrolled in a program that grants any such
          credential, certificate, or degree; and
            (ii) will receive such credential, certificate, or degree
          under the terms of such program not later than 180 days after
          beginning employment as a teacher with such agency.
        (B) Limitation
          The Secretary may not grant more than one such waiver with
        respect to such individual.
    (b) Mentor teachers
      (1) "Mentor teacher" defined; function
        For purposes of this subsection, the term "mentor teacher"
      means an individual responsible for observing and assessing the
      classroom activities of a Head Start program and providing on-the-
      job guidance and training to the Head Start program staff and
      volunteers, in order to improve the qualifications and training
      of classroom staff, to maintain high quality education services,
      and to promote career development, in Head Start programs.
      (2) Requirement
        In order to assist Head Start agencies in establishing
      positions for mentor teachers, the Secretary shall - 
          (A) provide technical assistance and training to enable Head
        Start agencies to establish such positions;
          (B) give priority consideration, in providing assistance
        pursuant to subparagraph (A), to Head Start programs that have
        substantial numbers of new classroom staff or that are
        experiencing difficulty in meeting applicable education
        standards;
          (C) encourage Head Start programs to give priority
        consideration for such positions to Head Start teachers at the
        appropriate level of career advancement in such programs; and
          (D) promote the development of model curricula, designed to
        ensure the attainment of appropriate competencies of mentor
        teachers in Head Start programs.
    (c) Family service workers
      In order to improve the quality and effectiveness of staff
    providing in-home and other services (including needs assessment,
    development of service plans, family advocacy, and coordination of
    service delivery) to families of children participating in Head
    Start programs, the Secretary, in coordination with concerned
    public and private agencies and organizations examining the issues
    of standards and training for family service workers, shall - 
        (1) review and, as necessary, revise or develop new
      qualification standards for Head Start staff providing such
      services;
        (2) promote the development of model curricula (on subjects
      including parenting training and family literacy) designed to
      ensure the attainment of appropriate competencies by individuals
      working or planning to work in the field of early childhood and
      family services; and
        (3) promote the establishment of a credential that indicates
      attainment of the competencies and that is accepted nationwide.
    (d) Head Start Fellowships
      (1) Authority
        The Secretary may establish a program of fellowships, to be
      known as "Head Start Fellowships", in accordance with this
      subsection. The Secretary may award the fellowships to
      individuals, to be known as "Head Start Fellows", who are staff
      in local Head Start programs or other individuals working in the
      field of child development and family services.
      (2) Purpose
        The fellowship program established under this subsection shall
      be designed to enhance the ability of Head Start Fellows to make
      significant contributions to programs authorized under this
      subchapter, by providing opportunities to expand their knowledge
      and experience through exposure to activities, issues, resources,
      and new approaches, in the field of child development and family
      services.
      (3) Assignments of Fellows
        (A) Placement sites
          Fellowship positions under the fellowship program may be
        located (subject to subparagraphs (B) and (C)) - 
            (i) in agencies of the Department of Health and Human
          Services administering programs authorized under this
          subchapter (in national or regional offices of such
          agencies);
            (ii) in local Head Start agencies and programs;
            (iii) in institutions of higher education;
            (iv) in public or private entities and organizations
          concerned with services to children and families; and
            (v) in other appropriate settings.
        (B) Limitation for Fellows other than Head Start employees
          A Head Start Fellow who is not an employee of a local Head
        Start agency or program may be placed only in a fellowship
        position located in an agency or program specified in clause
        (i) or (ii) of subparagraph (A).
        (C) No placement in lobbying organizations
          Head Start Fellowship positions may not be located in any
        agency whose primary purpose, or one of whose major purposes,
        is to influence Federal, State, or local legislation.
      (4) Selection of Fellows
        Head Start Fellowships shall be awarded on a competitive basis
      to individuals (other than Federal employees) selected from among
      applicants who are working, on the date of application, in local
      Head Start programs or otherwise working in the field of child
      development and children and family services.
      (5) Duration
        Head Start Fellowships shall be for terms of 1 year, and may be
      renewed for a term of 1 additional year.
      (6) Authorized expenditures
        From amounts appropriated under this subchapter and allotted
      under section 9835(a)(2)(D) of this title, the Secretary is
      authorized to make expenditures of not to exceed $1,000,000 for
      any fiscal year, for stipends and other reasonable expenses of
      the fellowship program.
      (7) Status of Fellows
        Except as otherwise provided in this paragraph, Head Start
      Fellows shall not be considered to be employees or otherwise in
      the service or employment of the Federal Government. Head Start
      Fellows shall be considered to be employees for purposes of
      compensation for injuries under chapter 81 of title 5. Head Start
      Fellows assigned to positions located in agencies specified in
      paragraph (3)(A)(i) shall be considered employees in the
      executive branch of the Federal Government for the purposes of
      chapter 11 of title 18 and for purposes of any administrative
      standards of conduct applicable to the employees of the agency to
      which they are assigned.
      (8) Regulations
        The Secretary shall promulgate regulations to carry out this
      subsection.
    (e) Model staffing plans
      Not later than 1 year after May 18, 1994, the Secretary, in
    consultation with appropriate public agencies, private agencies,
    and organizations and with individuals with expertise in the field
    of children and family services, shall develop model staffing plans
    to provide guidance to local Head Start agencies and programs on
    the numbers, types, responsibilities, and qualifications of staff
    required to operate a Head Start program.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 648A, as added Pub. L. 103-252,
    title I, Sec. 115, May 18, 1994, 108 Stat. 643; amended Pub. L. 105-
    285, title I, Sec. 115, Oct. 27, 1998, 112 Stat. 2722.)


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (a). Pub. L. 105-285, Sec. 115(1), amended heading
    and text of subsec. (a) generally. Prior to amendment, subsec. (a)
    required Secretary to ensure that not later than Sept. 30, 1996,
    each Head Start classroom in a center-based program was assigned a
    teacher with certain specified credentials and gave Secretary
    limited authority to waive that requirement.
      Subsec. (b)(2)(B). Pub. L. 105-285, Sec. 115(2), substituted
    "staff or that are" for "staff, that are" and struck out ", or that
    lack staff of a similar cultural background to that of the
    participating children and their families" before semicolon.

                              EFFECTIVE DATE                          
      Section effective May 18, 1994, but not applicable to Head Start
    agencies and other recipients of financial assistance under the
    Head Start Act (42 U.S.C. 9831 et seq.) until Oct. 1, 1994, see
    section 127 of Pub. L. 103-252, set out as an Effective Date of
    1994 Amendment note under section 9832 of this title.

-End-



-CITE-
    42 USC Sec. 9844                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-
    Sec. 9844. Research, demonstrations, and evaluation

-STATUTE-
    (a) In general
      (1) Requirement; general purposes
        The Secretary shall carry out a continuing program of research,
      demonstration, and evaluation activities, in order to - 
          (A) foster continuous improvement in the quality of the Head
        Start programs under this subchapter and in their effectiveness
        in enabling participating children and their families to
        succeed in school and otherwise; and
          (B) use the Head Start programs to develop, test, and
        disseminate new ideas and approaches for addressing the needs
        of low-income preschool children (including children with
        disabilities) and their families and communities (including
        demonstrations of innovative noncenter-based program models
        such as home-based and mobile programs), and otherwise to
        further the purposes of this subchapter.
      (2) Plan
        The Secretary shall develop, and periodically update, a plan
      governing the research, demonstration, and evaluation activities
      under this section.
    (b) Conduct of research, demonstration, and evaluation activities
      The Secretary, in order to conduct research, demonstration, and
    evaluation activities under this section - 
        (1) may carry out such activities directly, or through grants
      to, or contracts or cooperative agreements with, public or
      private entities;
        (2) shall, to the extent appropriate, undertake such activities
      in collaboration with other Federal agencies, and with non-
      Federal agencies, conducting similar activities;
        (3) shall ensure that evaluation of activities in a specific
      program or project is conducted by persons not directly involved
      in the operation of such program or project;
        (4) may require Head Start agencies to provide for independent
      evaluations;
        (5) may approve, in appropriate cases, community-based
      cooperative research and evaluation efforts to enable Head Start
      programs to collaborate with qualified researchers not directly
      involved in program administration or operation; and
        (6) may collaborate with organizations with expertise in
      inclusive educational strategies for preschoolers with
      disabilities.
    (c) Consultation and collaboration
      In carrying out activities under this section, the Secretary
    shall - 
        (1) consult with - 
          (A) individuals from relevant academic disciplines;
          (B) individuals who are involved in the operation of Head
        Start programs and individuals who are involved in the
        operation of other child and family service programs; and
          (C) individuals from other Federal agencies, and individuals
        from organizations, involved with children and families,
        ensuring that the individuals described in this subparagraph
        reflect the multicultural nature of the children and families
        served by the Head Start programs and the multidisciplinary
        nature of the Head Start programs;

        (2) whenever feasible and appropriate, obtain the views of
      persons participating in and served by programs and projects
      assisted under this subchapter with respect to activities under
      this section; and
        (3) establish, to the extent appropriate, working relationships
      with the faculties of institutions of higher education, as
      defined in section 1001 of title 20, located in the area in which
      any evaluation under this section is being conducted, unless
      there is no such institution of higher education willing and able
      to participate in such evaluation.
    (d) Specific objectives
      The research, demonstration, and evaluation activities under this
    subchapter shall include components designed to - 
        (1) permit ongoing assessment of the quality and effectiveness
      of the programs under this subchapter;
        (2) establish evaluation methods that measure the effectiveness
      and impact of family literacy services program models, including
      models for the integration of family literacy services with Head
      Start services;
        (3) contribute to developing knowledge concerning factors
      associated with the quality and effectiveness of Head Start
      programs and in identifying ways in which services provided under
      this subchapter may be improved;
        (4) assist in developing knowledge concerning the factors that
      promote or inhibit healthy development and effective functioning
      of children and their families both during and following
      participation in a Head Start program;
        (5) permit comparisons of children and families participating
      in Head Start programs with children and families receiving other
      child care, early childhood education, or child development
      services and with other appropriate control groups;
        (6) contribute to understanding the characteristics and needs
      of population groups eligible for services provided under this
      subchapter and the impact of such services on the individuals
      served and the communities in which such services are provided;
        (7) provide for disseminating and promoting the use of the
      findings from such research, demonstration, and evaluation
      activities;
        (8) promote exploration of areas in which knowledge is
      insufficient, and that will otherwise contribute to fulfilling
      the purposes of this subchapter;
        (9) study the experiences of small, medium, and large States
      with Head Start programs in order to permit comparisons of
      children participating in the programs with eligible children who
      did not participate in the programs, which study - 
          (A) may include the use of a data set that existed prior to
        the initiation of the study; and
          (B) shall compare the educational achievement, social
        adaptation, and health status of the participating children and
        the eligible nonparticipating children; and

        (10) provide for - 
          (A) using the Survey of Income and Program Participation to
        conduct an analysis of the different income levels of Head
        Start participants compared to comparable persons who did not
        attend Head Start programs;
          (B) using the National Longitudinal Survey of Youth, which
        began gathering data in 1988 on children who attended Head
        Start programs, to examine the wide range of outcomes measured
        within the Survey, including outcomes related to cognitive,
        socio-emotional, behavioral, and academic development;
          (C) using the Survey of Program Dynamics, the new
        longitudinal survey required by section 614 of this title, to
        begin annual reporting, through the duration of the Survey, on
        Head Start program attendees' academic readiness performance
        and improvements;
          (D) ensuring that the Survey of Program Dynamics is linked
        with the National Longitudinal Survey of Youth at least once by
        the use of a common performance test, to be determined by the
        expert panel, for the greater national usefulness of the
        National Longitudinal Survey of Youth database; and
          (E) disseminating the results of the analysis, examination,
        reporting, and linkage described in subparagraphs (A) through
        (D) to persons conducting other studies under this subchapter.

    The Secretary shall ensure that an appropriate entity carries out a
    study described in paragraph (9), and prepares and submits to the
    appropriate committees of Congress a report containing the results
    of the study, not later than September 30, 2002.
    (e) Longitudinal studies
      In developing priorities for research, demonstration, and
    evaluation activities under this section, the Secretary shall give
    special consideration to longitudinal studies that - 
        (1) examine the developmental progress of children and their
      families both during and following participation in a Head Start
      program, including the examination of factors that contribute to
      or detract from such progress;
        (2) examine factors related to improving the quality of the
      Head Start programs and the preparation the programs provide for
      children and their families to function effectively in schools
      and other settings in the years following participation in such a
      program; and
        (3) as appropriate, permit comparison of children and families
      participating in Head Start programs with children and families
      receiving other child care, early childhood education, or child
      development services, and with other appropriate control groups.
    (f) Ownership of results
      The Secretary shall take necessary steps to ensure that all
    studies, reports, proposals, and data produced or developed with
    Federal funds under this subchapter shall become the property of
    the United States.
    (g) National Head Start impact research
      (1) Expert panel
        (A) In general
          The Secretary shall appoint an independent panel consisting
        of experts in program evaluation and research, education, and
        early childhood programs - 
            (i) to review, and make recommendations on, the design and
          plan for the research (whether conducted as a single
          assessment or as a series of assessments) described in
          paragraph (2), within 1 year after October 27, 1998;
            (ii) to maintain and advise the Secretary regarding the
          progress of the research; and
            (iii) to comment, if the panel so desires, on the interim
          and final research reports submitted under paragraph (7).
        (B) Travel expenses
          The members of the panel shall not receive compensation for
        the performance of services for the panel, but shall be allowed
        travel expenses, including per diem in lieu of subsistence, at
        rates authorized for employees of agencies under subchapter I
        of chapter 57 of title 5, while away from their homes or
        regular places of business in the performance of services for
        the panel. Notwithstanding section 1342 of title 31, the
        Secretary may accept the voluntary and uncompensated services
        of members of the panel.
      (2) General authority
        After reviewing the recommendations of the expert panel, the
      Secretary shall make a grant to, or enter into a contract or
      cooperative agreement with, an organization to conduct
      independent research that provides a national analysis of the
      impact of Head Start programs. The Secretary shall ensure that
      the organization shall have expertise in program evaluation, and
      research, education, and early childhood programs.
      (3) Designs and techniques
        The Secretary shall ensure that the research uses rigorous
      methodological designs and techniques (based on the
      recommendations of the expert panel), including longitudinal
      designs, control groups, nationally recognized standardized
      measures, and random selection and assignment, as appropriate.
      The Secretary may provide that the research shall be conducted as
      a single comprehensive assessment or as a group of coordinated
      assessments designed to provide, when taken together, a national
      analysis of the impact of Head Start programs.
      (4) Programs
        The Secretary shall ensure that the research focuses primarily
      on Head Start programs that operate in the 50 States, the
      Commonwealth of Puerto Rico, or the District of Columbia and that
      do not specifically target special populations.
      (5) Analysis
        The Secretary shall ensure that the organization conducting the
      research - 
          (A)(i) determines if, overall, the Head Start programs have
        impacts consistent with their primary goal of increasing the
        social competence of children, by increasing the everyday
        effectiveness of the children in dealing with their present
        environments and future responsibilities, and increasing their
        school readiness;
          (ii) considers whether the Head Start programs - 
            (I) enhance the growth and development of children in
          cognitive, emotional, and physical health areas;
            (II) strengthen families as the primary nurturers of their
          children; and
            (III) ensure that children attain school readiness; and

          (iii) examines - 
            (I) the impact of the Head Start programs on increasing
          access of children to such services as educational, health,
          and nutritional services, and linking children and families
          to needed community services; and
            (II) how receipt of services described in subclause (I)
          enriches the lives of children and families participating in
          Head Start programs;

          (B) examines the impact of Head Start programs on
        participants on the date the participants leave Head Start
        programs, at the end of kindergarten and at the end of first
        grade (whether in public or private school), by examining a
        variety of factors, including educational achievement,
        referrals for special education or remedial course work, and
        absenteeism;
          (C) makes use of random selection from the population of all
        Head Start programs described in paragraph (4) in selecting
        programs for inclusion in the research; and
          (D) includes comparisons of individuals who participate in
        Head Start programs with control groups (including comparison
        groups) composed of - 
            (i) individuals who participate in other early childhood
          programs (such as public or private preschool programs and
          day care); and
            (ii) individuals who do not participate in any other early
          childhood program.
      (6) Consideration of sources of variation
        In designing the research, the Secretary shall, to the extent
      practicable, consider addressing possible sources of variation in
      impact of Head Start programs, including variations in impact
      related to such factors as - 
          (A) Head Start program operations;
          (B) Head Start program quality;
          (C) the length of time a child attends a Head Start program;
          (D) the age of the child on entering the Head Start program;
          (E) the type of organization (such as a local educational
        agency or a community action agency) providing services for the
        Head Start program;
          (F) the number of hours and days of program operation of the
        Head Start program (such as whether the program is a full-
        working-day, full calendar year program, a part-day program,
        or a part-year program); and
          (G) other characteristics and features of the Head Start
        program (such as geographic location, location in an urban or a
        rural service area, or participant characteristics), as
        appropriate.
      (7) Reports
        (A) Submission of interim reports
          The organization shall prepare and submit to the Secretary
        two interim reports on the research. The first interim report
        shall describe the design of the research, and the rationale
        for the design, including a description of how potential
        sources of variation in impact of Head Start programs have been
        considered in designing the research. The second interim report
        shall describe the status of the research and preliminary
        findings of the research, as appropriate.
        (B) Submission of final report
          The organization shall prepare and submit to the Secretary a
        final report containing the findings of the research.
        (C) Transmittal of reports to Congress
          (i) In general
            The Secretary shall transmit, to the committees described
          in clause (ii), the first interim report by September 30,
          1999, the second interim report by September 30, 2001, and
          the final report by September 30, 2003.
          (ii) Committees
            The committees referred to in clause (i) are the Committee
          on Education and the Workforce of the House of
          Representatives and the Committee on Labor and Human
          Resources of the Senate.
      (8) Definition
        In this subsection, the term "impact", used with respect to a
      Head Start program, means a difference in an outcome for a
      participant in the program that would not have occurred without
      the participation in the program.
    (h) Quality improvement study
      (1) Study
        The Secretary shall conduct a study regarding the use and
      effects of use of the quality improvement funds made available
      under section 9835(a)(3) of this title since fiscal year 1991.
      (2) Report
        The Secretary shall prepare and submit to Congress not later
      than September 2000 a report containing the results of the study,
      including information on - 
          (A) the types of activities funded with the quality
        improvement funds;
          (B) the extent to which the use of the quality improvement
        funds has accomplished the goals of section 9835(a)(3)(B) of
        this title;
          (C) the effect of use of the quality improvement funds on
        teacher training, salaries, benefits, recruitment, and
        retention; and
          (D) the effect of use of the quality improvement funds on the
        development of children receiving services under this
        subchapter.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 649, Aug. 13, 1981, 95 Stat. 505;
    Pub. L. 98-558, title I, Sec. 107, Oct. 30, 1984, 98 Stat. 2880;
    Pub. L. 101-501, title I, Sec. 117(a), Nov. 3, 1990, 104 Stat.
    1233; Pub. L. 103-252, title I, Sec. 116, May 18, 1994, 108 Stat.
    646; Pub. L. 105-244, title I, Sec. 102(a)(13)(G), Oct. 7, 1998,
    112 Stat. 1621; Pub. L. 105-285, title I, Sec. 116, Oct. 27, 1998,
    112 Stat. 2723.)


-MISC1-
                                AMENDMENTS                            
      1998 - Subsec. (c)(3). Pub. L. 105-244 substituted "section 1001"
    for "section 1141(a)".
      Subsec. (d). Pub. L. 105-285, Sec. 116(1)(E), inserted concluding
    provisions.
      Subsec. (d)(2) to (8). Pub. L. 105-285, Sec. 116(1)(C), (D),
    added par. (2) and redesignated former pars. (2) to (7) as (3) to
    (8), respectively.
      Subsec. (d)(9), (10). Pub. L. 105-285, Sec. 116(1)(A), (B), (E),
    added pars. (9) and (10).
      Subsecs. (g), (h). Pub. L. 105-285, Sec. 116(2), added subsecs.
    (g) and (h).
      1994 - Pub. L. 103-252 substituted "Research, demonstrations, and
    evaluation" for "Research, demonstration, pilot projects, studies,
    and reports" in section catchline and amended text generally,
    substituting provisions requiring Secretary to conduct a research,
    demonstration, and evaluation program to continually improve Head
    Start programs and develop innovative ways to further purposes of
    this subchapter, consult with others on the program, consider
    longitudinal studies in developing priorities for program, and
    ensure all products of program become United States property and
    defining objectives of program, for provisions authorizing the
    Secretary to provide financial assistance through contracts and
    grants for research, demonstration or pilot projects to develop new
    approaches to further purposes of this subchapter, directing
    Secretary to establish plan for approval of such projects,
    restricting combination of funds appropriated under this subchapter
    with other appropriations to make a single grant, requiring
    Secretary to conduct study of approaches to provide early,
    continuous, and comprehensive intervention to low-income or at-risk
    children and study of family day care in compliance with
    performance standards and to report results of studies to Congress.
      1990 - Pub. L. 101-501, Sec. 117(a)(1), substituted "Research,
    demonstration, pilot projects, studies, and reports" for "Research,
    demonstration, and pilot projects" in section catchline.
      Subsecs. (d) to (f). Pub. L. 101-501, Sec. 117(a)(2), added
    subsecs. (d) to (f).
      1984 - Subsec. (c). Pub. L. 98-558 added subsec. (c).

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Labor and Human Resources of Senate changed to
    Committee on Health, Education, Labor, and Pensions of Senate by
    Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19,
    1999.


-MISC2-
                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as
    otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-
    244, set out as a note under section 1001 of Title 20, Education.

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-252 effective May 18, 1994, but not
    applicable to Head Start agencies and other recipients of financial
    assistance under the Head Start Act (42 U.S.C. 9831 et seq.) until
    Oct. 1, 1994, see section 127 of Pub. L. 103-252, set out as a note
    under section 9832 of this title.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-501 effective Oct. 1, 1990, see section
    1001(a) of Pub. L. 101-501, set out as a note under section 8621 of
    this title.

            STUDY OF FULL-DAY AND FULL-YEAR HEAD START PROGRAMS        
      Section 126 of Pub. L. 103-252 directed Secretary of Health and
    Human Services to conduct a study of extent to which Head Start
    programs address the need for Head Start services during a full
    working day or full calendar year among eligible low-income
    families with preschool children and to submit a report to Congress
    not later than Jan. 31, 1997.

-End-



-CITE-
    42 USC Sec. 9845                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-
    Sec. 9845. Repealed.

-MISC1-
    Sec. 9845. Repealed. Pub. L. 103-252, title I, Sec. 117, May 18,
      1994, 108 Stat. 648.
      Section, Pub. L. 97-35, title VI, Sec. 650, Aug. 13, 1981, 95
    Stat. 505; Pub. L. 101-501, title I, Sec. 117(c), Nov. 3, 1990, 104
    Stat. 1233, directed Secretary to make public announcement
    concerning grants or contracts for research, demonstrations, pilot
    projects, studies, or reports under this subchapter.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective May 18, 1994, but not applicable to Head Start
    agencies and other recipients of financial assistance under the
    Head Start Act (42 U.S.C. 9831 et seq.) until Oct. 1, 1994, see
    section 127 of Pub. L. 103-252, set out as an Effective Date of
    1994 Amendment note under section 9832 of this title.

-End-



-CITE-
    42 USC Sec. 9846                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-
    Sec. 9846. Reports

-STATUTE-
    (a) Status of children
      At least once during every 2-year period, the Secretary shall
    prepare and submit, to the Committee on Education and the Workforce
    of the House of Representatives and the Committee on Labor and
    Human Resources of the Senate, a report concerning the status of
    children (including disabled and non-English language background
    children) in Head Start programs, including the number of children
    and the services being provided to such children. Such report shall
    include - 
        (1) a statement for the then most recently concluded fiscal
      year specifying - 
          (A) the amount of funds received by Head Start agencies
        designated under section 9836 of this title to provide Head
        Start services in a period before such fiscal year; and
          (B) the amount of funds received by Head Start agencies newly
        designated under section 9836 of this title to provide such
        services in such fiscal year;

        (2) a description of the distribution of Head Start services
      relative to the distribution of children who are eligible to
      participate in Head Start programs, including geographic
      distribution within States;
        (3) a statement identifying how funds expended under section
      9835(a)(2) of this title, and funds allotted under section
      9835(a)(3) of this title, were distributed and used at national,
      regional, and local levels;
        (4) a statement specifying the amount of funds provided by the
      State, and by local sources, to carry out Head Start programs;
        (5) cost per child and how such cost varies by region;
        (6) a description of the level and nature of participation of
      parents in Head Start programs as volunteers and in other
      capacities;
        (7) information concerning Head Start staff, including
      salaries, education, training, experience, and staff turnover;
        (8) information concerning children participating in programs
      that receive Head Start funding, including information on family
      income, racial and ethnic background, disability, and receipt of
      benefits under part A of title IV of the Social Security Act [42
      U.S.C. 601 et seq.];
        (9) the use and source of funds to extend Head Start services
      to operate full-day and year round;
        (10) using data from the monitoring conducted under section
      9836a(c) of this title - 
          (A) a description of the extent to which programs funded
        under this subchapter comply with performance standards and
        regulations in effect under this subchapter;
          (B) a description of the types and condition of facilities in
        which such programs are located;
          (C) the types of organizations that receive Head Start funds
        under such programs; and
          (D) the number of children served under each program option;

        (11) the information contained in the documents entitled
      "Program Information Report" and "Head Start Cost Analyses
      System" (or any document similar to either), prepared with
      respect to Head Start programs;
        (12) a description of the types of services provided to
      children and their families, both on-site and through referrals,
      including health, mental health, dental care, parenting
      education, physical fitness, and literacy training;
        (13) a summary of information concerning the research,
      demonstration, and evaluation activities conducted under section
      9844 of this title, including - 
          (A) a status report on ongoing activities; and
          (B) results, conclusions, and recommendations, not included
        in any previous report, based on completed activities; and

        (14) a study of the delivery of Head Start programs to Indian
      children living on and near Indian reservations, to children of
      Alaskan Natives, and to children of migrant and seasonal
      farmworkers.

    Promptly after submitting such report to the Committee on Education
    and the Workforce of the House of Representatives and the Committee
    on Labor and Human Resources of the Senate, the Secretary shall
    publish in the Federal Register a notice indicating that such
    report is available to the public and specifying how such report
    may be obtained.
    (b) Facilities
      At least once during every 5-year period, the Secretary shall
    prepare and submit, to the Committee on Education and the Workforce
    of the House of Representatives and the Committee on Labor and
    Human Resources of the Senate, a report concerning the condition,
    location, and ownership of facilities used, or available to be
    used, by Indian Head Start agencies (including Native Alaskan Head
    Start agencies) and Native Hawaiian Head Start agencies.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 650, formerly Sec. 651, Aug. 13,
    1981, 95 Stat. 506; Pub. L. 98-558, title I, Sec. 108, Oct. 30,
    1984, 98 Stat. 2880; Pub. L. 101-501, title I, Secs. 118, 119, Nov.
    3, 1990, 104 Stat. 1234; Pub. L. 102-401, Sec. 2(k)(5), Oct. 7,
    1992, 106 Stat. 1959; renumbered Sec. 650 and amended Pub. L. 103-
    252, title I, Sec. 118, May 18, 1994, 108 Stat. 648; Pub. L. 105-
    285, title I, Sec. 117, Oct. 27, 1998, 112 Stat. 2727.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Social Security Act, referred to in subsec. (a)(8), is act
    Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title
    IV of the Act is classified generally to part A (Sec. 601 et seq.)
    of subchapter IV of chapter 7 of this title. For complete
    classification of this Act to the Code, see section 1305 of this
    title and Tables.


-MISC1-
                                AMENDMENTS                            
      1998 - Pub. L. 105-285 designated existing provisions as subsec.
    (a), inserted heading, substituted "Education and the Workforce"
    for "Education and Labor" in introductory and concluding
    provisions, and added subsec. (b).
      1994 - Pub. L. 103-252, Sec. 118(a)(1), substituted "Reports" for
    "Evaluation" in section catchline.
      Subsecs. (a) to (f). Pub. L. 103-252, Sec. 118(a)(1), struck out
    subsecs. (a) to (f) which related to evaluations of programs under
    this subchapter to determine impact and effectiveness, adherence to
    Head Start performance standards, persons or entities assisting in
    evaluations, Secretary obtaining views of program participants,
    publication and submission of results to congressional committees,
    and all studies and evaluation material remaining property of the
    United States.
      Subsec. (g). Pub. L. 103-252, Sec. 118(a)(2)-(4), struck out
    subsec. (g) designation, substituted "monitoring conducted under
    section 9836a(c) of this title" for "evaluations conducted under
    section 9836(c)(2) of this title" in par. (10), and added pars.
    (13) and (14).
      1992 - Subsec. (g). Pub. L. 102-401 struck out "(1)" before "At
    least" at beginning of subsec. and substituted "physical" for
    "physicial" in par. (12).
      1990 - Subsec. (c)(2). Pub. L. 101-501, Sec. 118, inserted at end
    "The Secretary is encouraged to provide funds for community-based
    cooperative research efforts to enable Head Start directors to
    conduct evaluations of their programs with the assistance of
    qualified researchers not directly involved in the administration
    of the program or project operation."
      Subsec. (g). Pub. L. 101-501, Sec. 119, added subsec. (g).
      1984 - Subsec. (b). Pub. L. 98-558 substituted "not result in the
    elimination of nor any reduction in the scope or types of health,
    education, parental involvement, social or other services required
    to be provided under the standards" for "result in standards which
    are no less comprehensive than those" in second sentence.

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Labor and Human Resources of Senate changed to
    Committee on Health, Education, Labor, and Pensions of Senate by
    Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19,
    1999.


-MISC2-
                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-252 effective May 18, 1994, but not
    applicable to Head Start agencies and other recipients of financial
    assistance under the Head Start Act (42 U.S.C. 9831 et seq.) until
    Oct. 1, 1994, see section 127 of Pub. L. 103-252, set out as a note
    under section 9832 of this title.

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Amendment by Pub. L. 102-401 effective Oct. 7, 1992, but not
    applicable with respect to fiscal years beginning before Oct. 1,
    1992, see section 4 of Pub. L. 102-401, set out as a note under
    section 9835 of this title.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-501 effective Oct. 1, 1990, see section
    1001(a) of Pub. L. 101-501, set out as a note under section 8621 of
    this title.

                   TERMINATION OF REPORTING REQUIREMENTS               
      For termination, effective May 15, 2000, of provisions of law
    requiring submittal to Congress of any annual, semiannual, or other
    regular periodic report listed in House Document No. 103-7 (in
    which the 4th item on page 79 identifies a reporting provision
    which, as subsequently amended, is contained in subsec. (a) of this
    section), see section 3003 of Pub. L. 104-66, as amended, set out
    as a note under section 1113 of Title 31, Money and Finance.

-End-



-CITE-
    42 USC Secs. 9846a, 9847                                    01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-
    Secs. 9846a, 9847. Repealed.

-MISC1-
    Secs. 9846a, 9847. Repealed. Pub. L. 103-252, title I, Sec. 119,
      May 18, 1994, 108 Stat. 648.
      Section 9846a, Pub. L. 97-35, title VI, Sec. 651A, as added Pub.
    L. 101-501, title I, Sec. 120(a), Nov. 3, 1990, 104 Stat. 1235;
    amended Pub. L. 102-401, Sec. 2(k)(6), Oct. 7, 1992, 106 Stat.
    1959, related to longitudinal study of Head Start participants.
      Section 9847, Pub. L. 97-35, title VI, Sec. 652, Aug. 13, 1981,
    95 Stat. 506; Pub. L. 101-501, title I, Sec. 121(a), (c), Nov. 3,
    1990, 104 Stat. 1237, directed Secretary to annually determine
    poverty line to be used as criterion of eligibility for
    participation in Head Start programs.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective May 18, 1994, but not applicable to Head Start
    agencies and other recipients of financial assistance under the
    Head Start Act (42 U.S.C. 9831 et seq.) until Oct. 1, 1994, see
    section 127 of Pub. L. 103-252, set out as an Effective Date of
    1994 Amendment note under section 9832 of this title.

-End-



-CITE-
    42 USC Sec. 9848                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-
    Sec. 9848. Comparability of wages

-STATUTE-
      The Secretary shall take such action as may be necessary to
    assure that persons employed in carrying out programs financed
    under this subchapter shall not receive compensation at a rate
    which is (1) in excess of the average rate of compensation paid in
    the area where the program is carried out to a substantial number
    of the persons providing substantially comparable services, or in
    excess of the average rate of compensation paid to a substantial
    number of the persons providing substantially comparable services
    in the area of the person's immediately preceding employment,
    whichever is higher; or (2) less than the minimum wage rate
    prescribed in section 206(a)(1) of title 29. The Secretary shall
    encourage Head Start agencies to provide compensation according to
    salary scales that are based on training and experience.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 653, Aug. 13, 1981, 95 Stat. 507;
    Pub. L. 101-501, title I, Sec. 122, Nov. 3, 1990, 104 Stat. 1237.)


-MISC1-
                                AMENDMENTS                            
      1990 - Pub. L. 101-501 inserted at end "The Secretary shall
    encourage Head Start agencies to provide compensation according to
    salary scales that are based on training and experience."

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-501 effective Oct. 1, 1990, see section
    1001(a) of Pub. L. 101-501, set out as a note under section 8621 of
    this title.

-End-



-CITE-
    42 USC Sec. 9849                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-
    Sec. 9849. Nondiscrimination provisions

-STATUTE-
    (a) Discrimination based on race, creed, color, etc., as basis for
      denial of financial assistance
      The Secretary shall not provide financial assistance for any
    program, project, or activity under this subchapter unless the
    grant or contract with respect thereto specifically provides that
    no person with responsibilities in the operation thereof will
    discriminate with respect to any such program, project, or activity
    because of race, creed, color, national origin, sex, political
    affiliation, or beliefs.
    (b) Sex discrimination; enforcement provisions applicable
      No person in the United States shall on the ground of sex be
    excluded from participation in, be denied the benefits of, be
    subjected to discrimination under, or be denied employment in
    connection with any program or activity receiving assistance under
    this subchapter. The Secretary shall enforce the provisions of the
    preceding sentence in accordance with section 2000d-1 of this
    title. Section 2000d-2 of this title shall apply with respect to
    any action taken by the Secretary to enforce such sentence. This
    section shall not be construed as affecting any other legal remedy
    that a person may have if such person is excluded from
    participation in, denied the benefits of, subjected to
    discrimination under, or denied employment in connection with, any
    program, project, or activity receiving assistance under this
    subchapter.
    (c) Discrimination based on handicapping condition as basis for
      denial of financial assistance
      The Secretary shall not provide financial assistance for any
    program, project, or activity under this subchapter unless the
    grant or contract relating to the financial assistance specifically
    provides that no person with responsibilities in the operation of
    the program, project, or activity will discriminate against any
    individual because of a handicapping condition in violation of
    section 794 of title 29.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 654, Aug. 13, 1981, 95 Stat. 507.)

-End-



-CITE-
    42 USC Sec. 9850                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-
    Sec. 9850. Limitation with respect to certain unlawful activities

-STATUTE-
      No individual employed or assigned by any Head Start agency or
    other agency assisted under this subchapter shall, pursuant to or
    during the performance of services rendered in connection with any
    program or activity conducted or assisted under this subchapter by
    such Head Start agency or such other agency, plan, initiate,
    participate in, or otherwise aid or assist in the conduct of any
    unlawful demonstration, rioting, or civil disturbance.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 655, Aug. 13, 1981, 95 Stat. 507.)

-End-



-CITE-
    42 USC Sec. 9851                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-
    Sec. 9851. Political activities

-STATUTE-
      (a) For purposes of chapter 15 of title 5, any agency which
    assumes responsibility for planning, developing, and coordinating
    Head Start programs and receives assistance under this subchapter
    shall be deemed to be a State or local agency. For purposes of
    clauses (1) and (2) of section 1502(a) of such title, any agency
    receiving assistance under this subchapter shall be deemed to be a
    State or local agency.
      (b) Programs assisted under this subchapter shall not be carried
    on in a manner involving the use of program funds, the provision of
    services, or the employment or assignment of personnel in a manner
    supporting or resulting in the identification of such programs with
    (1) any partisan or nonpartisan political activity or any other
    political activity associated with a candidate, or contending
    faction or group, in an election for public or party office; (2)
    any activity to provide voters or prospective voters with
    transportation to the polls or similar assistance in connection
    with any such election; or (3) any voter registration activity. The
    Secretary, after consultation with the Office of Personnel
    Management, shall issue rules and regulations to provide for the
    enforcement of this section, which shall include provisions for
    summary suspension of assistance or other action necessary to
    permit enforcement on an emergency basis.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 656, Aug. 13, 1981, 95 Stat. 508.)

-End-



-CITE-
    42 USC Sec. 9852                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-
    Sec. 9852. Advance funding

-STATUTE-
      For the purpose of affording adequate notice of funding available
    under this subchapter, appropriations for carrying out this
    subchapter are authorized to be included in an appropriation Act
    for the fiscal year preceding the fiscal year for which they are
    available for obligation.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 657, Aug. 13, 1981, 95 Stat. 508.)

-End-



-CITE-
    42 USC Sec. 9852a                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-
    Sec. 9852a. Repealed.

-MISC1-
    Sec. 9852a. Repealed. Pub. L. 105-285, title I, Sec. 118, Oct. 27,
      1998, 112 Stat. 2727.
      Section, Pub. L. 97-35, title VI, Sec. 657A, as added Pub. L. 103-
    252, title I, Sec. 123, May 18, 1994, 108 Stat. 650, related to
    consultation with Corporation for National and Community Service.

-End-


-CITE-
    42 USC SUBCHAPTER II-A - HEAD START TRANSITION PROJECT      01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II-A - HEAD START TRANSITION PROJECT

-HEAD-
              SUBCHAPTER II-A - HEAD START TRANSITION PROJECT          

-End-



-CITE-
    42 USC Secs. 9855 to 9855g                                  01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II-A - HEAD START TRANSITION PROJECT

-HEAD-
    Secs. 9855 to 9855g. Repealed.

-MISC1-
    Secs. 9855 to 9855g. Repealed. Pub. L. 105-285, title I, Sec. 119,
      Oct. 27, 1998, 112 Stat. 2728.
      Section 9855, Pub. L. 101-501, title I, Sec. 132, Nov. 3, 1990,
    104 Stat. 1238; Pub. L. 103-382, title III, Sec. 391(v)(1), Oct.
    20, 1994, 108 Stat. 4025, defined terms used in this subchapter.
      Section 9855a, Pub. L. 101-501, title I, Sec. 133, Nov. 3, 1990,
    104 Stat. 1238; Pub. L. 103-252, title I, Sec. 125(a), May 18,
    1994, 108 Stat. 650, related to Head Start transition grants.
      Section 9855b, Pub. L. 101-501, title I, Sec. 134, Nov. 3, 1990,
    104 Stat. 1238; Pub. L. 103-382, title III, Sec. 391(v)(2), (3),
    Oct. 20, 1994, 108 Stat. 4025, related to eligibility for Head
    Start transition grants.
      Section 9855c, Pub. L. 101-501, title I, Sec. 135, Nov. 3, 1990,
    104 Stat. 1239; Pub. L. 103-382, title III, Sec. 391(v)(4), Oct.
    20, 1994, 108 Stat. 4025, related to requirements for awarding Head
    Start transition grants.
      Section 9855d, Pub. L. 101-501, title I, Sec. 136, Nov. 3, 1990,
    104 Stat. 1239; Pub. L. 102-119, Sec. 26(d), Oct. 7, 1991, 105
    Stat. 607; Pub. L. 103-382, title III, Sec. 391(v)(5)-(7), Oct. 20,
    1994, 108 Stat. 4025, related to applications for Head Start
    transition grants.
      Section 9855e, Pub. L. 101-501, title I, Sec. 137, Nov. 3, 1990,
    104 Stat. 1241, related to evaluation of and report on programs
    assisted under Head Start transition project.
      Section 9855f, Pub. L. 101-501, title I, Sec. 138, Nov. 3, 1990,
    104 Stat. 1242, related to payments and Federal share of payments
    under Head Start transition project.
      Section 9855g, Pub. L. 101-501, title I, Sec. 139, Nov. 3, 1990,
    104 Stat. 1242, related to coordination with programs established
    under the Follow Through Act.

-End-


-CITE-
    42 USC SUBCHAPTER II-B - CHILD CARE AND DEVELOPMENT BLOCK
           GRANT                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II-B - CHILD CARE AND DEVELOPMENT BLOCK GRANT

-HEAD-
         SUBCHAPTER II-B - CHILD CARE AND DEVELOPMENT BLOCK GRANT     

-COD-
                               CODIFICATION                           
      Subchapter is based on subchapter C of chapter 8 of subtitle A of
    title VI of Pub. L. 97-35, as added by Pub. L. 101-508, title V,
    Sec. 5082(2), Nov. 5, 1990, 104 Stat. 1388-236, and amended by Pub.
    L. 102-401, Sec. 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102-
    586, Sec. 8(c)(1), Nov. 4, 1992, 106 Stat. 5036.

-End-



-CITE-
    42 USC Sec. 9858                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II-B - CHILD CARE AND DEVELOPMENT BLOCK GRANT

-HEAD-
    Sec. 9858. Authorization of appropriations

-STATUTE-
      There is authorized to be appropriated to carry out this
    subchapter $1,000,000,000 for each of the fiscal years 1996 through
    2002.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 658B, as added Pub. L. 101-508,
    title V, Sec. 5082(2), Nov. 5, 1990, 104 Stat. 1388-236; amended
    Pub. L. 102-401, Sec. 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L.
    102-586, Sec. 8(c)(1), Nov. 4, 1992, 106 Stat. 5036; Pub. L. 104-
    193, title VI, Sec. 603(a), Aug. 22, 1996, 110 Stat. 2279.)


-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-193 reenacted section catchline without change
    and amended text generally. Prior to amendment, text read as
    follows: "There are authorized to be appropriated to carry out this
    subchapter, $750,000,000 for fiscal year 1991, $825,000,000 for
    fiscal year 1992, $925,000,000 for fiscal year 1993, and such sums
    as may be necessary for each of the fiscal years 1994 and 1995."
      1992 - Pub. L. 102-401 and Pub. L. 102-586 made identical
    technical corrections to directory language of Pub. L. 101-508,
    Sec. 5082(2), which added this section.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Section 615 of title VI of Pub. L. 104-193 provided that:
      "(a) In General. - Except as provided in subsection (b), this
    title [see Short title of 1996 Amendment note set out under section
    9801 of this title] and the amendments made by this title shall
    take effect on October 1, 1996.
      "(b) Exception. - The amendment made by section 603(a) [amending
    this section] shall take effect on the date of enactment of this
    Act [Aug. 22, 1996]."

                                SHORT TITLE                            
      For short title of this subchapter as the Child Care and
    Development Block Grant Act of 1990, see section 658A(a) of Pub. L.
    97-35, as amended, set out as a note under section 9801 of this
    title.

                            GOALS OF SUBCHAPTER                        
      Section 658A(b) of subchapter C (Sec. 658A et seq.) of chapter 8
    of subtitle A of title VI of Pub. L. 97-35, as added by Pub. L. 104-
    193, title VI, Sec. 602(3), Aug. 22, 1996, 110 Stat. 2279,
    provided that: "The goals of this subchapter are - 
        "(1) to allow each State maximum flexibility in developing
      child care programs and policies that best suit the needs of
      children and parents within such State;
        "(2) to promote parental choice to empower working parents to
      make their own decisions on the child care that best suits their
      family's needs;
        "(3) to encourage States to provide consumer education
      information to help parents make informed choices about child
      care;
        "(4) to assist States to provide child care to parents trying
      to achieve independence from public assistance; and
        "(5) to assist States in implementing the health, safety,
      licensing, and registration standards established in State
      regulations."

-End-



-CITE-
    42 USC Sec. 9858a                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II-B - CHILD CARE AND DEVELOPMENT BLOCK GRANT

-HEAD-
    Sec. 9858a. Establishment of block grant program

-STATUTE-
      The Secretary is authorized to make grants to States in
    accordance with the provisions of this subchapter.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 658C, as added Pub. L. 101-508,
    title V, Sec. 5082(2), Nov. 5, 1990, 104 Stat. 1388-236; amended
    Pub. L. 102-401, Sec. 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L.
    102-586, Sec. 8(c)(1), Nov. 4, 1992, 106 Stat. 5036.)


-MISC1-
                                AMENDMENTS                            
      1992 - Pub. L. 102-401 and Pub. L. 102-586 made identical
    technical corrections to directory language of Pub. L. 101-508,
    Sec. 5082(2), which added this section.

-End-



-CITE-
    42 USC Sec. 9858b                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II-B - CHILD CARE AND DEVELOPMENT BLOCK GRANT

-HEAD-
    Sec. 9858b. Lead agency

-STATUTE-
    (a) Designation
      The chief executive officer of a State desiring to receive a
    grant under this subchapter shall designate, in an application
    submitted to the Secretary under section 9858c of this title, an
    appropriate State agency that complies with the requirements of
    subsection (b) of this section to act as the lead agency.
    (b) Duties
      (1) In general
        The lead agency shall - 
          (A) administer, directly or through other governmental or
        nongovernmental agencies, the financial assistance received
        under this subchapter by the State;
          (B) develop the State plan to be submitted to the Secretary
        under section 9858c(a) of this title;
          (C) in conjunction with the development of the State plan as
        required under subparagraph (B), hold at least one hearing in
        the State with sufficient time and Statewide distribution of
        the notice of such hearing, to provide to the public an
        opportunity to comment on the provision of child care services
        under the State plan; and
          (D) coordinate the provision of services under this
        subchapter with other Federal, State and local child care and
        early childhood development programs.
      (2) Development of plan
        In the development of the State plan described in paragraph
      (1)(B), the lead agency shall consult with appropriate
      representatives of units of general purpose local government.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 658D, as added Pub. L. 101-508,
    title V, Sec. 5082(2), Nov. 5, 1990, 104 Stat. 1388-236; amended
    Pub. L. 102-401, Sec. 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L.
    102-586, Sec. 8(c)(1), Nov. 4, 1992, 106 Stat. 5036; Pub. L. 104-
    193, title VI, Sec. 604, Aug. 22, 1996, 110 Stat. 2281.)


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (b)(1)(A). Pub. L. 104-193, Sec. 604(1)(A),
    substituted "governmental or nongovernmental agencies" for "State
    agencies".
      Subsec. (b)(1)(C). Pub. L. 104-193, Sec. 604(1)(B), inserted
    "with sufficient time and Statewide distribution of the notice of
    such hearing," after "hearing in the State".
      Subsec. (b)(2). Pub. L. 104-193, Sec. 604(2), struck out at end
    "Such consultations may include consideration of local child care
    needs and resources, the effectiveness of existing child care and
    early childhood development services, and the methods by which
    funds made available under this subchapter can be used to
    effectively address local shortages."
      1992 - Pub. L. 102-401 and Pub. L. 102-586 made identical
    technical corrections to directory language of Pub. L. 101-508,
    Sec. 5082(2), which added this section.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-193 effective Oct. 1, 1996, see section
    615 of Pub. L. 104-193, set out as a note under section 9858 of
    this title

-End-



-CITE-
    42 USC Sec. 9858c                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II-B - CHILD CARE AND DEVELOPMENT BLOCK GRANT

-HEAD-
    Sec. 9858c. Application and plan

-STATUTE-
    (a) Application
      To be eligible to receive assistance under this subchapter, a
    State shall prepare and submit to the Secretary an application at
    such time, in such manner, and containing such information as the
    Secretary shall by rule require, including - 
        (1) an assurance that the State will comply with the
      requirements of this subchapter; and
        (2) a State plan that meets the requirements of subsection (c)
      of this section.
    (b) Period covered by plan
      The State plan contained in the application under subsection (a)
    of this section shall be designed to be implemented during a 2-year
    period.
    (c) Requirements of a plan
      (1) Lead agency
        The State plan shall identify the lead agency designated under
      section 9858b of this title.
      (2) Policies and procedures
        The State plan shall:
        (A) Parental choice of providers
          Provide assurances that - 
            (i) the parent or parents of each eligible child within the
          State who receives or is offered child care services for
          which financial assistance is provided under this subchapter
          are given the option either - 
              (I) to enroll such child with a child care provider that
            has a grant or contract for the provision of such services;
            or
              (II) to receive a child care certificate as defined in
            section 9858n(2) of this title;

            (ii) in cases in which the parent selects the option
          described in clause (i)(I), the child will be enrolled with
          the eligible provider selected by the parent to the maximum
          extent practicable; and
            (iii) child care certificates offered to parents selecting
          the option described in clause (i)(II) shall be of a value
          commensurate with the subsidy value of child care services
          provided under the option described in clause (i)(I);

        and provide a detailed description of the procedures the State
        will implement to carry out the requirements of this
        subparagraph.
        (B) Unlimited parental access
          Certify that procedures are in effect within the State to
        ensure that child care providers who provide services for which
        assistance is made available under this subchapter afford
        parents unlimited access to their children and to the providers
        caring for their children, during the normal hours of operation
        of such providers and whenever such children are in the care of
        such providers and provide a detailed description of such
        procedures.
        (C) Parental complaints
          Certify that the State maintains a record of substantiated
        parental complaints and makes information regarding such
        parental complaints available to the public on request and
        provide a detailed description of how such record is maintained
        and is made available.
        (D) Consumer education information
          Certify that the State will collect and disseminate to
        parents of eligible children and the general public, consumer
        education information that will promote informed child care
        choices.
        (E) Compliance with State licensing requirements
          (i) In general
            Certify that the State has in effect licensing requirements
          applicable to child care services provided within the State,
          and provide a detailed description of such requirements and
          of how such requirements are effectively enforced. Nothing in
          the preceding sentence shall be construed to require that
          licensing requirements be applied to specific types of
          providers of child care services.
          (ii) Indian tribes and tribal organizations
            In lieu of any licensing and regulatory requirements
          applicable under State and local law, the Secretary, in
          consultation with Indian tribes and tribal organizations,
          shall develop minimum child care standards (that
          appropriately reflect tribal needs and available resources)
          that shall be applicable to Indian tribes and tribal
          organizations receiving assistance under this subchapter.
        (F) Establishment of health and safety requirements
          Certify that there are in effect within the State, under
        State or local law, requirements designed to protect the health
        and safety of children that are applicable to child care
        providers that provide services for which assistance is made
        available under this subchapter. Such requirements shall
        include - 
            (i) the prevention and control of infectious diseases
          (including immunization);
            (ii) building and physical premises safety; and
            (iii) minimum health and safety training appropriate to the
          provider setting.

        Nothing in this subparagraph shall be construed to require the
        establishment of additional health and safety requirements for
        child care providers that are subject to health and safety
        requirements in the categories described in this subparagraph
        on November 5, 1990, under State or local law.
        (G) Compliance with State and local health and safety
          requirements
          Certify that procedures are in effect to ensure that child
        care providers within the State that provide services for which
        assistance is provided under this subchapter comply with all
        applicable State or local health and safety requirements as
        described in subparagraph (F).
        (H) Meeting the needs of certain populations
          Demonstrate the manner in which the State will meet the
        specific child care needs of families who are receiving
        assistance under a State program under part A of title IV of
        the Social Security Act [42 U.S.C. 601 et seq.], families who
        are attempting through work activities to transition off of
        such assistance program, and families that are at risk of
        becoming dependent on such assistance program.
      (3) Use of block grant funds
        (A) General requirement
          The State plan shall provide that the State will use the
        amounts provided to the State for each fiscal year under this
        subchapter as required under subparagraphs (B) through (D).
        (B) Child care services and related activities
          The State shall use amounts provided to the State for each
        fiscal year under this subchapter for child care services on a
        sliding fee scale basis, activities that improve the quality or
        availability of such services, and any other activity that the
        State deems appropriate to realize any of the goals specified
        in paragraphs (2) through (5) of section 658A(b),(!1) 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.

        (C) Limitation on administrative costs
          Not more than 5 percent of the aggregate amount of funds
        available to the State to carry out this subchapter by a State
        in each fiscal year may be expended for administrative costs
        incurred by such State to carry out all of its functions and
        duties under this subchapter. As used in the preceding
        sentence, the term "administrative costs" shall not include the
        costs of providing direct services.
        (D) Assistance for certain families
          A State shall ensure that a substantial portion of the
        amounts available (after the State has complied with the
        requirement of section 418(b)(2) of the Social Security Act [42
        U.S.C. 618(b)(2)] with respect to each of the fiscal years 1997
        through 2002) to the State to carry out activities under this
        subchapter in each fiscal year is used to provide assistance to
        low-income working families other than families described in
        paragraph (2)(H).
      (4) Payment rates
        (A) In general
          The State plan shall certify 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 and shall provide a summary of the facts
        relied on by the State to determine that such rates are
        sufficient to ensure such access.
        (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.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 658E, as added Pub. L. 101-508,
    title V, Sec. 5082(2), Nov. 5, 1990, 104 Stat. 1388-237; amended
    Pub. L. 102-401, Sec. 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L.
    102-586, Sec. 8(c)(1), Nov. 4, 1992, 106 Stat. 5036; Pub. L. 104-
    193, title VI, Sec. 605, Aug. 22, 1996, 110 Stat. 2281; Pub. L.
    105-33, title V, Sec. 5602(1), Aug. 5, 1997, 111 Stat. 645.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Social Security Act, referred to in subsec. (c)(2)(H), is act
    Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title
    IV of the Act is classified generally to part A (Sec. 601 et seq.)
    of subchapter IV of chapter 7 of this title. For complete
    classification of this Act to the Code, see section 1305 of this
    title and Tables.
      Paragraphs (2) through (5) of section 658A(b), referred to in
    subsec. (c)(3)(B), means pars. (2) through (5) of section 658A(b)
    of Pub. L. 97-35, which are set out as a note under section 9858 of
    this title.


-MISC1-
                                AMENDMENTS                            
      1997 - Subsec. (c)(2)(E)(ii). Pub. L. 105-33 substituted "tribal
    organizations receiving" for "tribal organization receiving".
      1996 - Subsec. (b). Pub. L. 104-193, Sec. 605(1), substituted
    "implemented during a 2-year period" for "implemented - 
        "(1) during a 3-year period for the initial State plan; and
        "(2) during a 2-year period for subsequent State plans".
      Subsec. (c)(2)(A). Pub. L. 104-193, Sec. 605(2)(A)(i)(II), in
    closing provisions, substituted "and provide a detailed description
    of the procedures the State will implement to carry out the
    requirements of this subparagraph." for "except that nothing in
    this subparagraph shall require a State to have a child care
    certificate program in operation prior to October 1, 1992."
      Subsec. (c)(2)(A)(i). Pub. L. 104-193, Sec. 605(2)(A)(i)(I),
    struck out ", other than through assistance provided under
    paragraph (3)(C)," after "provided under this subchapter" in
    introductory provisions.
      Subsec. (c)(2)(B). Pub. L. 104-193, Sec. 605(2)(A)(ii),
    substituted "Certify that procedures are in effect" for "Provide
    assurances that procedures are in effect" and inserted before
    period at end "and provide a detailed description of such
    procedures".
      Subsec. (c)(2)(C). Pub. L. 104-193, Sec. 605(2)(A)(iii),
    substituted "Certify that the State maintains" for "Provide
    assurances that the State maintains" and inserted before period at
    end "and provide a detailed description of how such record is
    maintained and is made available".
      Subsec. (c)(2)(D). Pub. L. 104-193, Sec. 605(2)(A)(iv), amended
    heading and text of subpar. (D) generally. Prior to amendment, text
    read as follows: "Provide assurances that consumer education
    information will be made available to parents and the general
    public within the State concerning licensing and regulatory
    requirements, complaint procedures, and policies and practices
    relative to child care services within the State."
      Subsec. (c)(2)(E). Pub. L. 104-193, Sec. 605(2)(A)(v), amended
    heading and text of subpar. (E) generally, substituting provisions
    relating to compliance with State licensing requirements for
    provisions relating to compliance with State and local regulatory
    requirements.
      Subsec. (c)(2)(F), (G). Pub. L. 104-193, Sec. 605(2)(A)(vi),
    (vii), substituted "Certify" for "Provide assurances".
      Subsec. (c)(2)(H). Pub. L. 104-193, Sec. 605(2)(A)(viii), added
    subpar. (H) and struck out heading and text of former subpar. (H).
    Text read as follows: "Provide assurances that if the State reduces
    the level of standards applicable to child care services provided
    in the State on November 5, 1990, the State shall inform the
    Secretary of the rationale for such reduction in the annual report
    of the State described in section 9858i of this title."
      Subsec. (c)(2)(I). Pub. L. 104-193, Sec. 605(2)(A)(viii), struck
    out heading and text of subpar. (I). Text read as follows: "Provide
    assurances that not later than 18 months after the date of the
    submission of the application under this section, the State will
    complete a full review of the law applicable to, and the licensing
    and regulatory requirements and policies of, each licensing agency
    that regulates child care services and programs in the State unless
    the State has reviewed such law, requirements, and policies in the
    3-year period ending on November 5, 1990."
      Subsec. (c)(2)(J). Pub. L. 104-193, Sec. 605(2)(A)(viii), struck
    out heading and text of subpar. (J). Text read as follows: "Provide
    assurances that funds received under this subchapter by the State
    will be used only to supplement, not to supplant, the amount of
    Federal, State, and local funds otherwise expended for the support
    of child care services and related programs in the State."
      Subsec. (c)(3)(A). Pub. L. 104-193, Sec. 605(2)(B)(i),
    substituted "subparagraphs (B) through (D)" for "subparagraphs (B)
    and (C)".
      Subsec. (c)(3)(B). Pub. L. 104-193, Sec. 605(2)(B)(ii), inserted
    "and related activities" after "services" in heading, substituted
    "The" for "Subject to the reservation contained in subparagraph
    (C), the", substituted "for child care services on a sliding fee
    scale basis, activities that improve the quality or availability of
    such services, and any other activity that the State deems
    appropriate to realize any of the goals specified in paragraphs (2)
    through (5) of section 658A(b)" for "for - 
        "(i) child care services, that meet the requirements of this
      subchapter, that are provided to eligible children in the State
      on a sliding fee scale basis using funding methods provided for
      in subsection (c)(2)(A) of this section", substituted "special
      needs." for "special needs; and", and struck out cl. (ii) which
      read as follows: "activities designed to improve the availability
      and quality of child care."
      Subsec. (c)(3)(C). Pub. L. 104-193, Sec. 605(2)(B)(iii), amended
    heading and text of subpar. (C) generally. Prior to amendment, text
    read as follows: "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 9858e of this title) and to provide before-
     and after-school and early childhood development services (as
    described in section 9858f of this title)."
      Subsec. (c)(3)(D). Pub. L. 104-193, Sec. 605(2)(B)(iv), added
    subpar. (D).
      Subsec. (c)(4)(A). Pub. L. 104-193, Sec. 605(2)(C), substituted
    "State plan shall certify" for "State plan shall provide
    assurances", inserted "and shall provide a summary of the facts
    relied on by the State to determine that such rates are sufficient
    to ensure such access" after "Federal or State programs", and
    struck out at end "Such payment rates shall take into account the
    variations in the costs of providing child care in different
    settings and to children of different age groups, and the
    additional costs of providing child care for children with special
    needs."
      1992 - Pub. L. 102-401 and Pub. L. 102-586 made identical
    technical corrections to directory language of Pub. L. 101-508,
    Sec. 5082(2), which added this section.

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Amendment by Pub. L. 105-33 effective as if included in the
    enactment of title VI of the Personal Responsibility and Work
    Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see
    section 5603 of Pub. L. 105-33, set out as a note under section 618
    of this title.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-193 effective Oct. 1, 1996, see section
    615 of Pub. L. 104-193, set out as a note under section 9858 of
    this title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    42 USC Sec. 9858d                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II-B - CHILD CARE AND DEVELOPMENT BLOCK GRANT

-HEAD-
    Sec. 9858d. Limitations on State allotments

-STATUTE-
    (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
        Except as provided for in section 9858m(c)(6) of this title, 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 paragraph (1) except to the extent that renovation
      or repair is necessary to bring the facility of such agency or
      organization into compliance with health and safety requirements
      referred to in section 9858c(c)(2)(F) of this title.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 658F, as added Pub. L. 101-508,
    title V, Sec. 5082(2), Nov. 5, 1990, 104 Stat. 1388-240; amended
    Pub. L. 102-401, Sec. 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L.
    102-586, Sec. 8(c)(1), Nov. 4, 1992, 106 Stat. 5036; Pub. L. 104-
    193, title VI, Sec. 606, Aug. 22, 1996, 110 Stat. 2283.)


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (b)(1). Pub. L. 104-193 substituted "Except as
    provided for in section 9858m(c)(6) of this title, no funds" for
    "No funds".
      1992 - Pub. L. 102-401 and Pub. L. 102-586 made identical
    technical corrections to directory language of Pub. L. 101-508,
    Sec. 5082(2), which added this section.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-193 effective Oct. 1, 1996, see section
    615 of Pub. L. 104-193, set out as a note under section 9858 of
    this title.

-End-



-CITE-
    42 USC Sec. 9858e                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II-B - CHILD CARE AND DEVELOPMENT BLOCK GRANT

-HEAD-
    Sec. 9858e. Activities to improve quality of child care

-STATUTE-
      A State that receives funds to carry out this subchapter for a
    fiscal year, shall use not less than 4 percent of the amount of
    such funds for activities that are designed to provide
    comprehensive consumer education to parents and the public,
    activities that increase parental choice, and activities designed
    to improve the quality and availability of child care (such as
    resource and referral services).

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 658G, as added Pub. L. 101-508,
    title V, Sec. 5082(2), Nov. 5, 1990, 104 Stat. 1388-241; amended
    Pub. L. 102-401, Sec. 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L.
    102-586, Sec. 8(c)(1), Nov. 4, 1992, 106 Stat. 5036; Pub. L. 104-
    193, title VI, Sec. 607, Aug. 22, 1996, 110 Stat. 2283.)


-MISC1-
                                AMENDMENTS                            
      1996 - Pub. L. 104-193 reenacted section catchline without change
    and amended text generally, substituting current provisions for
    provisions requiring State receiving financial assistance under
    this subchapter to utilize not less than 20 percent of such
    assistance for one or more of following: resource and referral
    programs, grants or loans to assist in meeting State and local
    standards, monitoring of compliance with licensing and regulatory
    requirements, training, or improving salaries or other compensation
    to staff.
      1992 - Pub. L. 102-401 and Pub. L. 102-586 made identical
    technical corrections to directory language of Pub. L. 101-508,
    Sec. 5082(2), which added this section.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-193 effective Oct. 1, 1996, see section
    615 of Pub. L. 104-193, set out as a note under section 9858 of
    this title.

-End-



-CITE-
    42 USC Sec. 9858f                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II-B - CHILD CARE AND DEVELOPMENT BLOCK GRANT

-HEAD-
    Sec. 9858f. Repealed.

-MISC1-
    Sec. 9858f. Repealed. Pub. L. 104-193, title VI, Sec. 608, Aug. 22,
      1996, 110 Stat. 2284.
      Section, Pub. L. 97-35, title VI, Sec. 658H, as added Pub. L. 101-
    508, title V, Sec. 5082(2), Nov. 5, 1990, 104 Stat. 1388-241;
    amended Pub. L. 102-401, Sec. 3(a), Oct. 7, 1992, 106 Stat. 1959;
    Pub. L. 102-586, Sec. 8(c)(1), Nov. 4, 1992, 106 Stat. 5036,
    related to early childhood development and before- and after-school
    services.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective Oct. 1, 1996, see section 615 of Pub. L. 104-
    193, set out as an Effective Date of 1996 Amendment note under
    section 9858 of this title.

-End-



-CITE-
    42 USC Sec. 9858g                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II-B - CHILD CARE AND DEVELOPMENT BLOCK GRANT

-HEAD-
    Sec. 9858g. Administration and enforcement

-STATUTE-
    (a) Administration
      The Secretary shall - 
        (1) coordinate all activities of the Department of Health and
      Human Services relating to child care, and, to the maximum extent
      practicable, coordinate such activities with similar activities
      of other Federal entities;
        (2) collect, publish and make available to the public a listing
      of State child care standards at least once every 3 years; and
        (3) provide technical assistance to assist States to carry out
      this subchapter, including assistance on a reimbursable basis.
    (b) Enforcement
      (1) Review of compliance with State plan
        The Secretary shall review and monitor State compliance with
      this subchapter and the plan approved under section 9858c(c) of
      this title for the State.
      (2) Noncompliance
        (A) In general
          If the Secretary, after reasonable notice to a State and
        opportunity for a hearing, finds that - 
            (i) there has been a failure by the State to comply
          substantially with any provision or requirement set forth in
          the plan approved under section 9858c(c) of this title for
          the State; or
            (ii) in the operation of any program for which assistance
          is provided under this subchapter there is a failure by the
          State to comply substantially with any provision of this
          subchapter;

        the Secretary shall notify the State of the finding and shall
        require that the State reimburse the Secretary for any funds
        that were improperly expended for purposes prohibited or not
        authorized by this subchapter, that the Secretary deduct from
        the administrative portion of the State allotment for the
        following fiscal year an amount that is less than or equal to
        any improperly expended funds, or a combination of such
        options.
        (B) Additional sanctions
          In the case of a finding of noncompliance made pursuant to
        subparagraph (A), the Secretary may, in addition to imposing
        the sanctions described in such subparagraph, impose other
        appropriate sanctions, including recoupment of money improperly
        expended for purposes prohibited or not authorized by this
        subchapter, and disqualification from the receipt of financial
        assistance under this subchapter.
        (C) Notice
          The notice required under subparagraph (A) shall include a
        specific identification of any additional sanction being
        imposed under subparagraph (B).
      (3) Issuance of rules
        The Secretary shall establish by rule procedures for - 
          (A) receiving, processing, and determining the validity of
        complaints concerning any failure of a State to comply with the
        State plan or any requirement of this subchapter; and
          (B) imposing sanctions under this section.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 658I, as added Pub. L. 101-508,
    title V, Sec. 5082(2), Nov. 5, 1990, 104 Stat. 1388-242; amended
    Pub. L. 102-401, Sec. 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L.
    102-586, Sec. 8(c)(1), Nov. 4, 1992, 106 Stat. 5036; Pub. L. 104-
    193, title VI, Sec. 609, Aug. 22, 1996, 110 Stat. 2284.)


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (b)(1). Pub. L. 104-193, Sec. 609(1), struck out
    ", and shall have the power to terminate payments to the State in
    accordance with paragraph (2)" before period at end.
      Subsec. (b)(2)(A). Pub. L. 104-193, Sec. 609(2), in closing
    provisions, substituted before period at end "finding and shall
    require that the State reimburse the Secretary for any funds that
    were improperly expended for purposes prohibited or not authorized
    by this subchapter, that the Secretary deduct from the
    administrative portion of the State allotment for the following
    fiscal year an amount that is less than or equal to any improperly
    expended funds, or a combination of such options" for "finding and
    that no further payments may be made to such State under this
    subchapter (or, in the case of noncompliance in the operation of a
    program or activity, that no further payments to the State will be
    made with respect to such program or activity) until the Secretary
    is satisfied that there is no longer any such failure to comply or
    that the noncompliance will be promptly corrected".
      1992 - Pub. L. 102-401 and Pub. L. 102-586 made identical
    technical corrections to directory language of Pub. L. 101-508,
    Sec. 5082(2), which added this section.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-193 effective Oct. 1, 1996, see section
    615 of Pub. L. 104-193, set out as a note under section 9858 of
    this title.

-End-



-CITE-
    42 USC Sec. 9858h                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II-B - CHILD CARE AND DEVELOPMENT BLOCK GRANT

-HEAD-
    Sec. 9858h. Payments

-STATUTE-
    (a) In general
      Subject to the availability of appropriations, a State that has
    an application approved by the Secretary under section 9858c(d) of
    this title shall be entitled to a payment under this section for
    each fiscal year in an amount equal to its allotment under section
    9858m of this title for such fiscal year.
    (b) Method of payment
      (1) In general
        Subject to paragraph (2), the Secretary may make payments to a
      State in installments, and in advance or by way of reimbursement,
      with necessary adjustments on account of overpayments or
      underpayments, as the Secretary may determine.
      (2) Limitation
        The Secretary may not make such payments in a manner that
      prevents the State from complying with the requirement specified
      in section 9858c(c)(3) of this title.
    (c) Spending of funds by State
      Payments to a State from the allotment under section 9858m of
    this title for any fiscal year may be obligated by the State in
    that fiscal year or in the succeeding fiscal year.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 658J, as added Pub. L. 101-508,
    title V, Sec. 5082(2), Nov. 5, 1990, 104 Stat. 1388-243; amended
    Pub. L. 102-27, title III, Sec. 310, Apr. 10, 1991, 105 Stat. 153;
    Pub. L. 102-401, Sec. 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L.
    102-586, Sec. 8(a), (c)(1), Nov. 4, 1992, 106 Stat. 5035, 5036;
    Pub. L. 103-171, Sec. 8, Dec. 2, 1993, 107 Stat. 1994; Pub. L. 104-
    193, title VI, Sec. 610, Aug. 22, 1996, 110 Stat. 2284.)


-MISC1-
                                AMENDMENTS                            
      1996 - Subsec. (c). Pub. L. 104-193 substituted "obligated" for
    "expended" and "succeeding fiscal year" for "succeeding 3 fiscal
    years".
      1993 - Subsec. (c). Pub. L. 103-171 made technical correction to
    directory language of Pub. L. 102-586, Sec. 8(a). See 1992
    Amendment note below.
      1992 - Pub. L. 102-401 and Pub. L. 102-586, Sec. 8(c)(1), made
    identical technical corrections to directory language of Pub. L.
    101-508, Sec. 5082(2), which added this section.
      Subsec. (c). Pub. L. 102-586, Sec. 8(a), as amended by Pub. L.
    103-171, substituted "expended" for "obligated" and "succeeding 3
    fiscal years" for "succeeding fiscal year".
      1991 - Subsec. (c). Pub. L. 102-27 substituted "obligated" for
    "expended".

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-193 effective Oct. 1, 1996, see section
    615 of Pub. L. 104-193, set out as a note under section 9858 of
    this title.

                     EFFECTIVE DATE OF 1992 AMENDMENT                 
      Section 8(d) of Pub. L. 102-586 provided that:
      "(1) In general. - Except as provided in paragraph (2), the
    amendments made by this section [enacting section 9858q of this
    title and amending this section and section 9858n of this title]
    shall take effect on the date of enactment of this Act [Nov. 4,
    1992].
      "(2) Application. - The amendments made by this section shall not
    apply with respect to fiscal years beginning before October 1,
    1992."

-End-



-CITE-
    42 USC Sec. 9858i                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II-B - CHILD CARE AND DEVELOPMENT BLOCK GRANT

-HEAD-
    Sec. 9858i. Reports and audits

-STATUTE-
    (a) Reports
      (1) Collection of information by States
        (A) In general
          A State that receives funds to carry out this subchapter
        shall collect the information described in subparagraph (B) on
        a monthly basis.
        (B) Required information
          The information required under this subparagraph shall
        include, with respect to a family unit receiving assistance
        under this subchapter information concerning - 
            (i) family income;
            (ii) county of residence;
            (iii) the gender, race, and age of children receiving such
          assistance;
            (iv) whether the head of the family unit is a single
          parent;
            (v) the sources of family income, including - 
              (I) employment, including self-employment;
              (II) cash or other assistance under - 
                (aa) the temporary assistance for needy families
              program under part A of title IV of the Social Security
              Act (42 U.S.C. 601 et seq.); and
                (bb) a State program for which State spending is
              counted toward the maintenance of effort requirement
              under section 409(a)(7) of the Social Security Act (42
              U.S.C. 609(a)(7));

              (III) housing assistance;
              (IV) assistance under the Food Stamp Act of 1977 [7
            U.S.C. 2011 et seq.]; and
              (V) other assistance programs;

            (vi) the number of months the family has received benefits;
            (vii) the type of child care in which the child was
          enrolled (such as family child care, home care, or center-
          based child care);
            (viii) whether the child care provider involved was a
          relative;
            (ix) the cost of child care for such families; and
            (x) the average hours per month of such care;

        during the period for which such information is required to be
        submitted.
        (C) Submission to Secretary
          A State described in subparagraph (A) shall, on a quarterly
        basis, submit the information required to be collected under
        subparagraph (B) to the Secretary.
        (D) Use of samples
          (i) Authority
            A State may comply with the requirement to collect the
          information described in subparagraph (B) through the use of
          disaggregated case record information on a sample of families
          selected through the use of scientifically acceptable
          sampling methods approved by the Secretary.
          (ii) Sampling and other methods
            The Secretary shall provide the States with such case
          sampling plans and data collection procedures as the
          Secretary deems necessary to produce statistically valid
          samples of the information described in subparagraph (B). The
          Secretary may develop and implement procedures for verifying
          the quality of data submitted by the States.
      (2) Annual reports
        Not later than December 31, 1997, and every 12 months
      thereafter, a State described in paragraph (1)(A) shall prepare
      and submit to the Secretary a report that includes aggregate data
      concerning - 
          (A) the number of child care providers that received funding
        under this subchapter as separately identified based on the
        types of providers listed in section 9858n(5) of this title;
          (B) the monthly cost of child care services, and the portion
        of such cost that is paid for with assistance provided under
        this subchapter, listed by the type of child care services
        provided;
          (C) the number of payments made by the State through
        vouchers, contracts, cash, and disregards under public benefit
        programs, listed by the type of child care services provided;
          (D) the manner in which consumer education information was
        provided to parents and the number of parents to whom such
        information was provided; and
          (E) the total number (without duplication) of children and
        families served under this subchapter;

      during the period for which such report is required to be
      submitted.
    (b) Audits
      (1) Requirement
        A State shall, after the close of each program period covered
      by an application approved under section 9858c(d) of this title
      audit its expenditures during such program period from amounts
      received under this subchapter.
      (2) Independent auditor
        Audits under this subsection shall be conducted by an entity
      that is independent of the State that receives assistance under
      this subchapter and be in accordance with generally accepted
      auditing principles.
      (3) Submission
        Not later than 30 days after the completion of an audit under
      this subsection, the State shall submit a copy of the audit to
      the legislature of the State and to the Secretary.
      (4) Repayment of amounts
        Each State shall repay to the United States any amounts
      determined through an audit under this subsection not to have
      been expended in accordance with this subchapter, or the
      Secretary may offset such amounts against any other amount to
      which the State is or may be entitled under this subchapter.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 658K, as added Pub. L. 101-508,
    title V, Sec. 5082(2), Nov. 5, 1990, 104 Stat. 1388-243; amended
    Pub. L. 102-401, Sec. 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L.
    102-586, Sec. 8(c)(1), Nov. 4, 1992, 106 Stat. 5036; Pub. L. 104-
    193, title VI, Sec. 611, Aug. 22, 1996, 110 Stat. 2284; Pub. L.
    105-33, title V, Sec. 5602(2), Aug. 5, 1997, 111 Stat. 646.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Social Security Act, referred to in subsec.
    (a)(1)(B)(v)(II)(aa), is act Aug. 14, 1935, ch. 531, 49 Stat. 620,
    as amended. Part A of title IV of the Act is classified generally
    to part A (Sec. 601 et seq.) of subchapter IV of chapter 7 of this
    title. For complete classification of this Act to the Code, see
    section 1305 of this title and Tables.
      The Food Stamp Act of 1977, referred to in subsec.
    (a)(1)(B)(v)(IV), is Pub. L. 88-525, Aug. 31, 1964, 78 Stat. 703,
    as amended, which is classified generally to chapter 51 (Sec. 2011
    et seq.) of Title 7, Agriculture. For complete classification of
    this Act to the Code, see Short Title note set out under section
    2011 of Title 7 and Tables.


-MISC1-
                                AMENDMENTS                            
      1997 - Subsec. (a)(1)(B)(iv). Pub. L. 105-33, Sec.
    5602(2)(A)(i)(I), added cl. (iv) and struck out former cl. (iv)
    which read as follows: "whether the family includes only one
    parent;".
      Subsec. (a)(1)(B)(v). Pub. L. 105-33, Sec. 5602(2)(A)(i)(II)(aa),
    substituted "including - " for "including the amount obtained from
    (and separately identified) - " in introductory provisions.
      Subsec. (a)(1)(B)(v)(II). Pub. L. 105-33, Sec.
    5602(2)(A)(i)(II)(bb), added subcl. (II) and struck out former
    subcl. (II) which read as follows: "cash or other assistance under
    part A of title IV of the Social Security Act;".
      Subsec. (a)(1)(B)(x). Pub. L. 105-33, Sec. 5602(2)(A)(i)(III),
    substituted "month" for "week".
      Subsec. (a)(1)(D). Pub. L. 105-33, Sec. 5602(2)(A)(ii), added
    subpar. (D) and struck out heading and text of former subpar. (D).
    Text read as follows: "The Secretary may disapprove the information
    collected by a State under this paragraph if the State uses
    sampling methods to collect such information."
      Subsec. (a)(2). Pub. L. 105-33, Sec. 5602(2)(B), substituted
    "Annual" for "Biannual" in heading and "12" for "6" in introductory
    provisions of text.
      1996 - Pub. L. 104-193, Sec. 611(1), substituted "Reports" for
    "Annual report" in section catchline.
      Subsec. (a). Pub. L. 104-193, Sec. 611(2), amended heading and
    text of subsec. (a) generally. Prior to amendment, text related to
    requirement of reports by Dec. 31, 1992, and annually thereafter,
    which include specification of expenditures under section
    9858c(c)(3) of this title, data on fulfillment of child care needs,
    description of improvements in affordability and availability,
    description of review of State licensing and regulatory
    requirements and policies and results of review, explanation of any
    reductions in child care standards, and description of standards
    and health and safety requirements applicable to providers.
      Subsec. (b)(1). Pub. L. 104-193, Sec. 611(2)[(3)](A), substituted
    "an application approved" for "a application approved".
      Subsec. (b)(2). Pub. L. 104-193, Sec. 611(2)[(3)](B), substituted
    "the State that receives" for "any agency administering activities
    that receive".
      Subsec. (b)(4). Pub. L. 104-193, Sec. 611(2)[(3)](C), substituted
    "entitled under this subchapter" for "entitles under this
    subchapter".
      1992 - Pub. L. 102-401 and Pub. L. 102-586 made identical
    technical corrections to directory language of Pub. L. 101-508,
    Sec. 5082(2), which added this section.

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Amendment by Pub. L. 105-33 effective as if included in the
    enactment of title VI of the Personal Responsibility and Work
    Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see
    section 5603 of Pub. L. 105-33, set out as a note under section 618
    of this title.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-193 effective Oct. 1, 1996, see section
    615 of Pub. L. 104-193, set out as a note under section 9858 of
    this title.

-End-



-CITE-
    42 USC Sec. 9858j                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II-B - CHILD CARE AND DEVELOPMENT BLOCK GRANT

-HEAD-
    Sec. 9858j. Report by Secretary

-STATUTE-
      Not later than July 31, 1998, and biennially thereafter, the
    Secretary shall prepare and submit to the Committee on Economic and
    Educational Opportunities of the House of Representatives and the
    Committee on Labor and Human Resources of the Senate a report that
    contains a summary and analysis of the data and information
    provided to the Secretary in the State reports submitted under
    section 9858i of this title. Such report shall include an
    assessment, and where appropriate, recommendations for the Congress
    concerning efforts that should be undertaken to improve the access
    of the public to quality and affordable child care in the United
    States.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 658L, as added Pub. L. 101-508,
    title V, Sec. 5082(2), Nov. 5, 1990, 104 Stat. 1388-244; amended
    Pub. L. 102-401, Sec. 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L.
    102-586, Sec. 8(c)(1), Nov. 4, 1992, 106 Stat. 5036; Pub. L. 104-
    193, title VI, Sec. 612, Aug. 22, 1996, 110 Stat. 2285; Pub. L.
    105-33, title V, Sec. 5602(3), Aug. 5, 1997, 111 Stat. 646.)


-MISC1-
                                AMENDMENTS                            
      1997 - Pub. L. 105-33 substituted "1998" for "1997".
      1996 - Pub. L. 104-193 substituted "July 31, 1997, and biennially
    thereafter" for "July 31, 1993, and annually thereafter" and
    "Committee on Economic and Educational Opportunities" for
    "Committee on Education and Labor".
      1992 - Pub. L. 102-401 and Pub. L. 102-586 made identical
    technical corrections to directory language of Pub. L. 101-508,
    Sec. 5082(2), which added this section.

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Labor and Human Resources of Senate changed to
    Committee on Health, Education, Labor, and Pensions of Senate by
    Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19,
    1999.


-MISC2-
                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Amendment by Pub. L. 105-33 effective as if included in the
    enactment of title VI of the Personal Responsibility and Work
    Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see
    section 5603 of Pub. L. 105-33, set out as a note under section 618
    of this title.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-193 effective Oct. 1, 1996, see section
    615 of Pub. L. 104-193, set out as a note under section 9858 of
    this title.

-End-



-CITE-
    42 USC Sec. 9858k                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II-B - CHILD CARE AND DEVELOPMENT BLOCK GRANT

-HEAD-
    Sec. 9858k. Limitations on use of financial assistance for certain
      purposes

-STATUTE-
    (a) Sectarian purposes and activities
      No financial assistance provided under this subchapter, pursuant
    to the choice of a parent under section 9858c(c)(2)(A)(i)(I) of
    this title or through any other grant or contract under the State
    plan, shall be expended for any sectarian purpose or activity,
    including sectarian worship or instruction.
    (b) Tuition
      With regard to services provided to students enrolled in grades 1
    through 12, no financial assistance provided under this subchapter
    shall be expended for - 
        (1) any services provided to such students during the regular
      school day;
        (2) any services for which such students receive academic
      credit toward graduation; or
        (3) any instructional services which supplant or duplicate the
      academic program of any public or private school.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 658M, as added Pub. L. 101-508,
    title V, Sec. 5082(2), Nov. 5, 1990, 104 Stat. 1388-244; amended
    Pub. L. 102-401, Sec. 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L.
    102-586, Sec. 8(c)(1), Nov. 4, 1992, 106 Stat. 5036.)


-MISC1-
                                AMENDMENTS                            
      1992 - Pub. L. 102-401 and Pub. L. 102-586 made identical
    technical corrections to directory language of Pub. L. 101-508,
    Sec. 5082(2), which added this section.

-End-



-CITE-
    42 USC Sec. 9858l                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II-B - CHILD CARE AND DEVELOPMENT BLOCK GRANT

-HEAD-
    Sec. 9858l. Nondiscrimination

-STATUTE-
    (a) Religious nondiscrimination
      (1) Construction
        (A) In general
          Except as provided in subparagraph (B), nothing in this
        section shall be construed to modify or affect the provisions
        of any other Federal law or regulation that relates to
        discrimination in employment on the basis of religion.
        (B) Exception
          A sectarian organization may require that employees adhere to
        the religious tenets and teachings of such organization, and
        such organization may require that employees adhere to rules
        forbidding the use of drugs or alcohol.
      (2) Discrimination against child
        (A) In general
          A child care provider (other than a family child care
        provider) that receives assistance under this subchapter shall
        not discriminate against any child on the basis of religion in
        providing child care services.
        (B) Non-funded child care slots
          Nothing in this section shall prohibit a child care provider
        from selecting children for child care slots that are not
        funded directly with assistance provided under this subchapter
        because such children or their family members participate on a
        regular basis in other activities of the organization that owns
        or operates such provider.
      (3) Employment in general
        (A) Prohibition
          A child care provider that receives assistance under this
        subchapter shall not discriminate in employment on the basis of
        the religion of the prospective employee if such employee's
        primary responsibility is or will be working directly with
        children in the provision of child care services.
        (B) Qualified applicants
          If two or more prospective employees are qualified for any
        position with a child care provider receiving assistance under
        this subchapter, nothing in this section shall prohibit such
        child care provider from employing a prospective employee who
        is already participating on a regular basis in other activities
        of the organization that owns or operates such provider.
        (C) Present employees
          This paragraph shall not apply to employees of child care
        providers receiving assistance under this subchapter if such
        employees are employed with the provider on November 5, 1990.
      (4) Employment and admission practices
        Notwithstanding paragraphs (1)(B), (2), and (3), if assistance
      provided under this subchapter, and any other Federal or State
      program, amounts to 80 percent or more of the operating budget of
      a child care provider that receives such assistance, the
      Secretary shall not permit such provider to receive any further
      assistance under this subchapter unless the grant or contract
      relating to the financial assistance, or the employment and
      admissions policies of the provider, specifically provides that
      no person with responsibilities in the operation of the child
      care program, project, or activity of the provider will
      discriminate against any individual in employment, if such
      employee's primary responsibility is or will be working directly
      with children in the provision of child care, or admissions
      because of the religion of such individual.
    (b) Effect on State law
      Nothing in this subchapter shall be construed to supersede or
    modify any provision of a State constitution or State law that
    prohibits the expenditure of public funds in or by sectarian
    institutions, except that no provision of a State constitution or
    State law shall be construed to prohibit the expenditure in or by
    sectarian institutions of any Federal funds provided under this
    subchapter.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 658N, as added Pub. L. 101-508,
    title V, Sec. 5082(2), Nov. 5, 1990, 104 Stat. 1388-245; amended
    Pub. L. 102-401, Sec. 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L.
    102-586, Sec. 8(c)(1), Nov. 4, 1992, 106 Stat. 5036.)


-MISC1-
                                AMENDMENTS                            
      1992 - Pub. L. 102-401 and Pub. L. 102-586 made identical
    technical corrections to directory language of Pub. L. 101-508,
    Sec. 5082(2), which added this section.

-End-



-CITE-
    42 USC Sec. 9858m                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II-B - CHILD CARE AND DEVELOPMENT BLOCK GRANT

-HEAD-
    Sec. 9858m. Amounts reserved; allotments

-STATUTE-
    (a) Amounts reserved
      (1) Territories and possessions
        The Secretary shall reserve not to exceed one half of 1 percent
      of the amount appropriated under this subchapter in each fiscal
      year for payments to Guam, American Samoa, the Virgin Islands of
      the United States, and the Commonwealth of the Northern Mariana
      Islands to be allotted in accordance with their respective needs.
      (2) Indians (!1) tribes

        The Secretary shall reserve not less than 1 percent, and not
      more than 2 percent, of the amount appropriated under section
      9858 of this title in each fiscal year for payments to Indian
      tribes and tribal organizations with applications approved under
      subsection (c) of this section.
    (b) State allotment
      (1) General rule
        From the amounts appropriated under section 9858 of this title
      for each fiscal year remaining after reservations under
      subsection (a) of this section, the Secretary shall allot to each
      State an amount equal to the sum of - 
          (A) an amount that bears the same ratio to 50 percent of such
        remainder as the product of the young child factor of the State
        and the allotment percentage of the State bears to the sum of
        the corresponding products for all States; and
          (B) an amount that bears the same ratio to 50 percent of such
        remainder as the product of the school lunch factor of the
        State and the allotment percentage of the State bears to the
        sum of the corresponding products for all States.
      (2) Young child factor
        The term "young child factor" means the ratio of the number of
      children in the State under 5 years of age to the number of such
      children in all States as provided by the most recent annual
      estimates of population in the States by the Census Bureau of the
      Department of Commerce.
      (3) School lunch factor
        The term "school lunch factor" means the ratio of the number of
      children in the State who are receiving free or reduced price
      lunches under the school lunch program established under the
      Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et
      seq.) to the number of such children in all the States as
      determined annually by the Department of Agriculture.
      (4) Allotment percentage
        (A) In general
          The allotment percentage for a State is determined by
        dividing the per capita income of all individuals in the United
        States, by the per capita income of all individuals in the
        State.
        (B) Limitations
          If an allotment percentage determined under subparagraph (A) -
         
            (i) exceeds 1.2 percent, then the allotment percentage of
          that State shall be considered to be 1.2 percent; and
            (ii) is less than 0.8 percent, then the allotment
          percentage of the State shall be considered to be 0.8
          percent.
        (C) Per capita income
          For purposes of subparagraph (A), per capita income shall be -
         
            (i) determined at 2-year intervals;
            (ii) applied for the 2-year period beginning on October 1
          of the first fiscal year beginning on the date such
          determination is made; and
            (iii) equal to the average of the annual per capita incomes
          for the most recent period of 3 consecutive years for which
          satisfactory data are available from the Department of
          Commerce at the time such determination is made.
    (c) Payments for benefit of Indian children
      (1) General authority
        From amounts reserved under subsection (a)(2) of this section,
      the Secretary may make grants to or enter into contracts with
      Indian tribes or tribal organizations that submit applications
      under this section, for the planning and carrying out of programs
      or activities consistent with the purposes of this subchapter.
      (2) Applications and requirements
        An application for a grant or contract under this section shall
      provide that:
        (A) Coordination
          The applicant will coordinate, to the maximum extent
        feasible, with the lead agency in the State or States in which
        the applicant will carry out programs or activities under this
        section.
        (B) Services on reservations
          In the case of an applicant located in a State other than
        Alaska, California, or Oklahoma, programs and activities under
        this section will be carried out on the Indian reservation for
        the benefit of Indian children.
        (C) Reports and audits
          The applicant will make such reports on, and conduct such
        audits of, programs and activities under a grant or contract
        under this section as the Secretary may require.
      (3) Consideration of secretarial approval
        In determining whether to approve an application for a grant or
      contract under this section, the Secretary shall take into
      consideration - 
          (A) the availability of child care services provided in
        accordance with this subchapter by the State or States in which
        the applicant proposes to carry out a program to provide child
        care services; and
          (B) whether the applicant has the ability (including skills,
        personnel, resources, community support, and other necessary
        components) to satisfactorily carry out the proposed program or
        activity.
      (4) Three-year limit
        Grants or contracts under this section shall be for periods not
      to exceed 3 years.
      (5) Dual eligibility of Indian children
        The awarding of a grant or contract under this section for
      programs or activities to be conducted in a State or States shall
      not affect the eligibility of any Indian child to receive
      services provided or to participate in programs and activities
      carried out under a grant to the State or States under this
      subchapter.
      (6) Construction or renovation of facilities
        (A) Request for use of funds
          An Indian tribe or tribal organization may submit to the
        Secretary a request to use amounts provided under this
        subsection for construction or renovation purposes.
        (B) Determination
          With respect to a request submitted under subparagraph (A),
        and except as provided in subparagraph (C), upon a
        determination by the Secretary that adequate facilities are not
        otherwise available to an Indian tribe or tribal organization
        to enable such tribe or organization to carry out child care
        programs in accordance with this subchapter, and that the lack
        of such facilities will inhibit the operation of such programs
        in the future, the Secretary may permit the tribe or
        organization to use assistance provided under this subsection
        to make payments for the construction or renovation of
        facilities that will be used to carry out such programs.
        (C) Limitation
          The Secretary may not permit an Indian tribe or tribal
        organization to use amounts provided under this subsection for
        construction or renovation if such use will result in a
        decrease in the level of child care services provided by the
        tribe or organization as compared to the level of such services
        provided by the tribe or organization in the fiscal year
        preceding the year for which the determination under
        subparagraph (B) is being made.
        (D) Uniform procedures
          The Secretary shall develop and implement uniform procedures
        for the solicitation and consideration of requests under this
        paragraph.
    (d) Data and information
      The Secretary shall obtain from each appropriate Federal agency,
    the most recent data and information necessary to determine the
    allotments provided for in subsection (b) of this section.
    (e) Reallotments
      (1) In general
        Any portion of the allotment under subsection (b) of this
      section to a State that the Secretary determines is not required
      to carry out a State plan approved under section 9858c(d) of this
      title, in the period for which the allotment is made available,
      shall be reallotted by the Secretary to other States in
      proportion to the original allotments to the other States.
      (2) Limitations
        (A) Reduction
          The amount of any reallotment to which a State is entitled to
        under paragraph (1) shall be reduced to the extent that it
        exceeds the amount that the Secretary estimates will be used in
        the State to carry out a State plan approved under section
        9858c(d) of this title.
        (B) Reallotments
          The amount of such reduction shall be similarly reallotted
        among States for which no reduction in an allotment or
        reallotment is required by this subsection.
      (3) Amounts reallotted
        For purposes of any other section of this subchapter, any
      amount reallotted to a State under this subsection shall be
      considered to be part of the allotment made under subsection (b)
      of this section to the State.
      (4) Indian tribes or tribal organizations
        Any portion of a grant or contract made to an Indian tribe or
      tribal organization under subsection (c) of this section that the
      Secretary determines is not being used in a manner consistent
      with the provision of this subchapter in the period for which the
      grant or contract is made available, shall be allotted by the
      Secretary to other tribes or organizations that have submitted
      applications under subsection (c) of this section in accordance
      with their respective needs.
    (f) "State" defined
      For the purposes of this section, the term "State" includes only
    the 50 States, the District of Columbia, and the Commonwealth of
    Puerto Rico.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 658O, as added Pub. L. 101-508,
    title V, Sec. 5082(2), Nov. 5, 1990, 104 Stat. 1388-246; amended
    Pub. L. 102-401, Sec. 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L.
    102-586, Sec. 8(c)(1), Nov. 4, 1992, 106 Stat. 5036; Pub. L. 104-
    193, title VI, Sec. 613, Aug. 22, 1996, 110 Stat. 2286; Pub. L.
    105-33, title V, Sec. 5602(4), Aug. 5, 1997, 111 Stat. 646; Pub. L.
    106-78, title VII, Sec. 752(b)(17), Oct. 22, 1999, 113 Stat. 1170.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Richard B. Russell National School Lunch Act, referred to in
    subsec. (b)(3), is act June 4, 1946, ch. 281, 60 Stat. 230, as
    amended, which is classified generally to chapter 13 (Sec. 1751 et
    seq.) of this title. For complete classification of this Act to the
    Code, see Short Title note set out under section 1751 of this title
    and Tables.


-MISC1-
                                AMENDMENTS                            
      1999 - Subsec. (b)(3). Pub. L. 106-78 substituted "Richard B.
    Russell National School Lunch Act" for "National School Lunch Act".
      1997 - Subsec. (c)(6)(C). Pub. L. 105-33 substituted
    "subparagraph (B)" for "subparagraph (A)".
      1996 - Subsec. (a)(1). Pub. L. 104-193, Sec. 613(1)(A), made
    technical amendment to heading, inserted "and" before "the
    Commonwealth of the Northern Marianna Islands", and struck out ",
    and the Trust Territory of the Pacific Islands" before "to be
    allotted in accordance".
      Subsec. (a)(2). Pub. L. 104-193, Sec. 613(1)(B), substituted
    "less than 1 percent, and not more than 2 percent," for "more than
    3 percent".
      Subsec. (c)(5). Pub. L. 104-193, Sec. 613(2)(A), substituted
    "activities carried out" for "activities carried our".
      Subsec. (c)(6). Pub. L. 104-193, Sec. 613(2)(B), added par. (6).
      Subsec. (e)(4). Pub. L. 104-193, Sec. 613(3), added par. (4).
      1992 - Pub. L. 102-401 and Pub. L. 102-586 made identical
    technical corrections to directory language of Pub. L. 101-508,
    Sec. 5082(2), which added this section.

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Amendment by Pub. L. 105-33 effective as if included in the
    enactment of title VI of the Personal Responsibility and Work
    Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see
    section 5603 of Pub. L. 105-33, set out as a note under section 618
    of this title.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-193 effective Oct. 1, 1996, see section
    615 of Pub. L. 104-193, set out as a note under section 9858 of
    this title.

-FOOTNOTE-
    (!1) So in original. Probably should be "Indian".


-End-



-CITE-
    42 USC Sec. 9858n                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II-B - CHILD CARE AND DEVELOPMENT BLOCK GRANT

-HEAD-
    Sec. 9858n. Definitions

-STATUTE-
      As used in this subchapter:
      (1) Caregiver
        The term "caregiver" means an individual who provides a service
      directly to an eligible child on a person-to-person basis.
      (2) Child care certificate
        The term "child care certificate" means a certificate (that may
      be a check or other disbursement) that is issued by a State or
      local government under this subchapter directly to a parent who
      may use such certificate only as payment for child care services
      or as a deposit for child care services if such a deposit is
      required of other children being cared for by the provider.
      Nothing in this subchapter shall preclude the use of such
      certificates for sectarian child care services if freely chosen
      by the parent. For purposes of this subchapter, child care
      certificates shall not be considered to be grants or contracts.
      (3) Repealed. Pub. L. 104-193, title VI, Sec. 614(2), Aug. 22,
        1996, 110 Stat. 2287
      (4) Eligible child
        The term "eligible child" means an individual - 
          (A) who is less than 13 years of age;
          (B) whose family income does not exceed 85 percent of the
        State median income for a family of the same size; and
          (C) who - 
            (i) resides with a parent or parents who are working or
          attending a job training or educational program; or
            (ii) is receiving, or needs to receive, protective services
          and resides with a parent or parents not described in clause
          (i).
      (5) Eligible child care provider
        The term "eligible child care provider" means - 
          (A) a center-based child care provider, a group home child
        care provider, a family child care provider, or other provider
        of child care services for compensation that - 
            (i) is licensed, regulated, or registered under State law
          as described in section 9858c(c)(2)(E) of this title; and
            (ii) satisfies the State and local requirements, including
          those referred to in section 9858c(c)(2)(F) of this title;

        applicable to the child care services it provides; or
          (B) a child care provider that is 18 years of age or older
        who provides child care services only to eligible children who
        are, by affinity or consanguinity, or by court decree, the
        grandchild, great grandchild, sibling (if such provider lives
        in a separate residence), niece, or nephew of such provider, if
        such provider complies with any applicable requirements that
        govern child care provided by the relative involved.
      (6) Family child care provider
        The term "family child care provider" means one individual who
      provides child care services for fewer than 24 hours per day, as
      the sole caregiver, and in a private residence.
      (7) Indian tribe
        The term "Indian tribe" has the meaning given it in section
      450b(e) of title 25.
      (8) Lead agency
        The term "lead agency" means the agency designated under
      section 9858(a) (!1) of this title.

      (9) Parent
        The term "parent" includes a legal guardian or other person
      standing in loco parentis.
      (10) Repealed. Pub. L. 104-193, title VI, Sec. 614(5), Aug. 22,
        1996, 110 Stat. 2287
      (11) Secretary
        The term "Secretary" means the Secretary of Health and Human
      Services unless the context specifies otherwise.
      (12) Sliding fee scale
        The term "sliding fee scale" means a system of cost sharing by
      a family based on income and size of the family.
      (13) State
        The term "State" means any of the several States, the District
      of Columbia, the Virgin Islands of the United States, the
      Commonwealth of Puerto Rico, Guam, American Samoa, and the
      Commonwealth of the Northern Mariana Islands.
      (14) Tribal organization
        (A) In general
          The term "tribal organization" has the meaning given it in
        section 450b(l) of title 25.
        (B) Other organizations
          Such term includes a Native Hawaiian Organization, as defined
        in section 4909(4) (!1) of title 20 and a private nonprofit
        organization established for the purpose of serving youth who
        are Indians or Native Hawaiians.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 658P, as added Pub. L. 101-508,
    title V, Sec. 5082(2), Nov. 5, 1990, 104 Stat. 1388-248; amended
    Pub. L. 102-401, Sec. 3, Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102-
    586, Sec. 8(c), Nov. 4, 1992, 106 Stat. 5036; Pub. L. 103-171,
    Sec. 8, Dec. 2, 1993, 107 Stat. 1994; Pub. L. 104-193, title VI,
    Sec. 614, Aug. 22, 1996, 110 Stat. 2287; Pub. L. 105-33, title V,
    Sec. 5602(5), Aug. 5, 1997, 111 Stat. 646.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 9858 of this title, referred to in par. (8), does not
    contain a subsec. (a) and does not relate to designation of lead
    agencies. For provisions relating to designation of a State agency
    to act as a lead agency, see section 9858b(a) of this title.
      Section 4909 of title 20, referred to in par. (14)(B), was
    repealed by Pub. L. 103-382, title III, Sec. 363, Oct. 20, 1994,
    108 Stat. 3975.


-MISC1-
                                AMENDMENTS                            
      1997 - Par. (13). Pub. L. 105-33 substituted "and" for "or" after
    "American Samoa,".
      1996 - Par. (2). Pub. L. 104-193, Sec. 614(1), in first sentence,
    inserted "or as a deposit for child care services if such a deposit
    is required of other children being cared for by the provider"
    after "payment for child care services".
      Par. (3). Pub. L. 104-193, Sec. 614(2), struck out heading and
    text of par. (3). Text read as follows: "The term 'elementary
    school' means a day or residential school that provides elementary
    education, as determined under State law."
      Par. (4)(B). Pub. L. 104-193, Sec. 614(3), substituted "85
    percent" for "75 percent".
      Par. (5)(B). Pub. L. 104-193, Sec. 614(4), inserted "great
    grandchild, sibling (if such provider lives in a separate
    residence)," after "grandchild,", struck out "is registered and"
    after "such provider", and substituted "any applicable
    requirements" for "any State requirements".
      Par. (10). Pub. L. 104-193, Sec. 614(5), struck out heading and
    text of par. (10). Text read as follows: "The term 'secondary
    school' means a day or residential school which provides secondary
    education, as determined under State law."
      Par. (13). Pub. L. 104-193, Sec. 614(6), inserted "or" after
    "Samoa," and struck out ", and the Trust Territory of the Pacific
    Islands" after "Northern Mariana Islands".
      Par. (14). Pub. L. 104-193, Sec. 614(7), designated existing text
    as subpar. (A), inserted heading, and added subpar. (B).
      1993 - Pars. (7), (14). Pub. L. 103-171 made technical correction
    to directory language of Pub. L. 102-586, Sec. 8(c)(2). See 1992
    Amendment note below.
      1992 - Pub. L. 102-401, Sec. 3(a), and Pub. L. 102-586, Sec.
    8(c)(1), made identical technical corrections to directory language
    of Pub. L. 101-508, Sec. 5082(2), which added this section.
      Par. (7). Pub. L. 102-586, Sec. 8(c)(2)(A), as amended by Pub. L.
    103-171, which directed the amendment of par. (7) by substituting
    "section 450b(e) of title 25" for "section 450b(b) of title 25",
    could not be executed because the words "section 450b(b) of title
    25" did not appear subsequent to execution of the amendment by Pub.
    L. 102-401, Sec. 3(b)(1). See below.
      Pub. L. 102-401, Sec. 3(b)(1), substituted "section 450b(e) of
    title 25" for "section 450b(b) of title 25".
      Par. (14). Pub. L. 102-586, Sec. 8(c)(2)(B), as amended by Pub.
    L. 103-171, which directed the amendment of par. (14) by
    substituting "section 450b(l) of title 25" for "section 450b(c) of
    title 25", could not be executed because the words "section 450b(c)
    of title 25" did not appear subsequent to execution of the
    amendment by Pub. L. 102-401, Sec. 3(b)(2). See below.
      Pub. L. 102-401, Sec. 3(b)(2), substituted "section 450b(l) of
    title 25" for "section 450b(c) of title 25".

                     EFFECTIVE DATE OF 1997 AMENDMENT                 
      Amendment by Pub. L. 105-33 effective as if included in the
    enactment of title VI of the Personal Responsibility and Work
    Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see
    section 5603 of Pub. L. 105-33, set out as a note under section 618
    of this title.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-193 effective Oct. 1, 1996, see section
    615 of Pub. L. 104-193, set out as a note under section 9858 of
    this title.

                     EFFECTIVE DATE OF 1992 AMENDMENTS                 
      Amendment by Pub. L. 102-586 effective Nov. 4, 1992, but not
    applicable with respect to fiscal years beginning before Oct. 1,
    1992, see section 8(d) of Pub. L. 102-586, set out as a note under
    section 9858h of this title.
      Amendment by Pub. L. 102-401 effective Oct. 7, 1992, but not
    applicable with respect to fiscal years beginning before Oct. 1,
    1992, see section 4 of Pub. L. 102-401, set out as a note under
    section 9835 of this title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    42 USC Sec. 9858o                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II-B - CHILD CARE AND DEVELOPMENT BLOCK GRANT

-HEAD-
    Sec. 9858o. Parental rights and responsibilities

-STATUTE-
      Nothing in this subchapter shall be construed or applied in any
    manner to infringe on or usurp the moral and legal rights and
    responsibilities of parents or legal guardians.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 658Q, as added Pub. L. 101-508,
    title V, Sec. 5082(2), Nov. 5, 1990, 104 Stat. 1388-249; amended
    Pub. L. 102-401, Sec. 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L.
    102-586, Sec. 8(c)(1), Nov. 4, 1992, 106 Stat. 5036.)


-MISC1-
                                AMENDMENTS                            
      1992 - Pub. L. 102-401 and Pub. L. 102-586 made identical
    technical corrections to directory language of Pub. L. 101-508,
    Sec. 5082(2), which added this section.

-End-



-CITE-
    42 USC Sec. 9858p                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II-B - CHILD CARE AND DEVELOPMENT BLOCK GRANT

-HEAD-
    Sec. 9858p. Severability

-STATUTE-
      If any provision of this subchapter or the application thereof to
    any person or circumstance is held invalid, the invalidity shall
    not affect other provisions of applications of this subchapter
    which can be given effect without regard to the invalid provision
    or application, and to this end the provisions of this subchapter
    shall be severable.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 658R, as added Pub. L. 101-508,
    title V, Sec. 5082(2), Nov. 5, 1990, 104 Stat. 1388-249; amended
    Pub. L. 102-401, Sec. 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L.
    102-586, Sec. 8(c)(1), Nov. 4, 1992, 106 Stat. 5036.)


-MISC1-
                                AMENDMENTS                            
      1992 - Pub. L. 102-401 and Pub. L. 102-586 made identical
    technical corrections to directory language of Pub. L. 101-508,
    Sec. 5082(2), which added this section.

-End-



-CITE-
    42 USC Sec. 9858q                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II-B - CHILD CARE AND DEVELOPMENT BLOCK GRANT

-HEAD-
    Sec. 9858q. Miscellaneous provisions

-STATUTE-
      Notwithstanding any other law, the value of any child care
    provided or arranged (or any amount received as payment for such
    care or reimbursement for costs incurred for such care) under this
    subchapter shall not be treated as income for purposes of any other
    Federal or Federally-assisted program that bases eligibility, or
    the amount of benefits, on need.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 658S, as added Pub. L. 102-586, Sec.
    8(b), Nov. 4, 1992, 106 Stat. 5035; amended Pub. L. 103-171, Sec.
    8, Dec. 2, 1993, 107 Stat. 1994.)


-MISC1-
                                AMENDMENTS                            
      1993 - Pub. L. 103-171 made technical correction to directory
    language of Pub. L. 102-586, Sec. 8(b), which added this section.

                              EFFECTIVE DATE                          
      Section effective Nov. 4, 1992, but not applicable with respect
    to fiscal years beginning before Oct. 1, 1992, see section 8(d) of
    Pub. L. 102-586, set out as an Effective Date of 1992 Amendment
    note under section 9858h of this title.

-End-


-CITE-
    42 USC SUBCHAPTER II-C - CHILD CARE SAFETY AND HEALTH
           GRANTS                                          01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II-C - CHILD CARE SAFETY AND HEALTH GRANTS

-HEAD-
           SUBCHAPTER II-C - CHILD CARE SAFETY AND HEALTH GRANTS       

-COD-
                               CODIFICATION                           
      This subchapter was enacted as part of title XIV of div. A of the
    Children's Health Act of 2000, and not as part of chapter 8 of
    subtitle A of title VI of Pub. L. 97-35 which comprises this
    chapter.

-End-



-CITE-
    42 USC Sec. 9859                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II-C - CHILD CARE SAFETY AND HEALTH GRANTS

-HEAD-
    Sec. 9859. Definitions

-STATUTE-
      In this subchapter:
      (1) Child with a disability; infant or toddler with a disability
        The terms "child with a disability" and "infant or toddler with
      a disability" have the meanings given the terms in sections 1401
      and 1431 of title 20.
      (2) Eligible child care provider
        The term "eligible child care provider" means a provider of
      child care services for compensation, including a provider of
      care for a school-age child during non-school hours, that - 
          (A) is licensed, regulated, registered, or otherwise legally
        operating, under State and local law; and
          (B) satisfies the State and local requirements,

      applicable to the child care services the provider provides.
      (3) Secretary
        The term "Secretary" means the Secretary of Health and Human
      Services.
      (4) State
        The term "State" means any of the several States of the United
      States, the District of Columbia, the Commonwealth of Puerto
      Rico, the United States Virgin Islands, Guam, American Samoa, and
      the Commonwealth of the Northern Mariana Islands.

-SOURCE-
    (Pub. L. 106-310, div. A, title XIV, Sec. 1401, Oct. 17, 2000, 114
    Stat. 1143.)

-End-



-CITE-
    42 USC Sec. 9859a                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II-C - CHILD CARE SAFETY AND HEALTH GRANTS

-HEAD-
    Sec. 9859a. Authorization of appropriations

-STATUTE-
      There are authorized to be appropriated to carry out this
    subchapter $200,000,000 for fiscal year 2001, and such sums as may
    be necessary for each subsequent fiscal year.

-SOURCE-
    (Pub. L. 106-310, div. A, title XIV, Sec. 1402, Oct. 17, 2000, 114
    Stat. 1143.)

-End-



-CITE-
    42 USC Sec. 9859b                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II-C - CHILD CARE SAFETY AND HEALTH GRANTS

-HEAD-
    Sec. 9859b. Programs

-STATUTE-
      The Secretary shall make allotments to eligible States under
    section 9859c of this title. The Secretary shall make the
    allotments to enable the States to establish programs to improve
    the health and safety of children receiving child care outside the
    home, by preventing illnesses and injuries associated with that
    care and promoting the health and well-being of children receiving
    that care.

-SOURCE-
    (Pub. L. 106-310, div. A, title XIV, Sec. 1403, Oct. 17, 2000, 114
    Stat. 1143.)

-End-



-CITE-
    42 USC Sec. 9859c                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II-C - CHILD CARE SAFETY AND HEALTH GRANTS

-HEAD-
    Sec. 9859c. Amounts reserved; allotments

-STATUTE-
    (a) Amounts reserved
      The Secretary shall reserve not more than one-half of 1 percent
    of the amount appropriated under section 9859a of this title for
    each fiscal year to make allotments to Guam, American Samoa, the
    United States Virgin Islands, and the Commonwealth of the Northern
    Mariana Islands to be allotted in accordance with their respective
    needs.
    (b) State allotments
      (1) General rule
        From the amounts appropriated under section 9859a of this title
      for each fiscal year and remaining after reservations are made
      under subsection (a) of this section, the Secretary shall allot
      to each State an amount equal to the sum of - 
          (A) an amount that bears the same ratio to 50 percent of such
        remainder as the product of the young child factor of the State
        and the allotment percentage of the State bears to the sum of
        the corresponding products for all States; and
          (B) an amount that bears the same ratio to 50 percent of such
        remainder as the product of the school lunch factor of the
        State and the allotment percentage of the State bears to the
        sum of the corresponding products for all States.
      (2) Young child factor
        In this subsection, the term "young child factor" means the
      ratio of the number of children under 5 years of age in a State
      to the number of such children in all States, as provided by the
      most recent annual estimates of population in the States by the
      Census Bureau of the Department of Commerce.
      (3) School lunch factor
        In this subsection, the term "school lunch factor" means the
      ratio of the number of children who are receiving free or reduced
      price lunches under the school lunch program established under
      the National School Lunch Act (42 U.S.C. 1751 et seq.) in the
      State to the number of such children in all States, as determined
      annually by the Department of Agriculture.
      (4) Allotment percentage
        (A) In general
          For purposes of this subsection, the allotment percentage for
        a State shall be determined by dividing the per capita income
        of all individuals in the United States, by the per capita
        income of all individuals in the State.
        (B) Limitations
          If an allotment percentage determined under subparagraph (A)
        for a State - 
            (i) is more than 1.2 percent, the allotment percentage of
          the State shall be considered to be 1.2 percent; and
            (ii) is less than 0.8 percent, the allotment percentage of
          the State shall be considered to be 0.8 percent.
        (C) Per capita income
          For purposes of subparagraph (A), per capita income shall be -
         
            (i) determined at 2-year intervals;
            (ii) applied for the 2-year period beginning on October 1
          of the first fiscal year beginning after the date such
          determination is made; and
            (iii) equal to the average of the annual per capita incomes
          for the most recent period of 3 consecutive years for which
          satisfactory data are available from the Department of
          Commerce on the date such determination is made.
    (c) Data and information
      The Secretary shall obtain from each appropriate Federal agency,
    the most recent data and information necessary to determine the
    allotments provided for in subsection (b) of this section.
    (d) Definition
      In this section, the term "State" includes only the several
    States of the United States, the District of Columbia, and the
    Commonwealth of Puerto Rico.

-SOURCE-
    (Pub. L. 106-310, div. A, title XIV, Sec. 1404, Oct. 17, 2000, 114
    Stat. 1143.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The National School Lunch Act, referred to in subsec. (b)(3),
    probably means the Richard B. Russell National School Lunch Act,
    act June 4, 1946, ch. 281, 60 Stat. 230, as amended, which is
    classified generally to chapter 13 (Sec. 1751 et seq.) of this
    title. For complete classification of this Act to the Code, see
    Short Title note set out under section 1751 of this title and
    Tables.

-End-



-CITE-
    42 USC Sec. 9859d                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II-C - CHILD CARE SAFETY AND HEALTH GRANTS

-HEAD-
    Sec. 9859d. State applications

-STATUTE-
      To be eligible to receive an allotment under section 9859c of
    this title, a State shall submit an application to the Secretary at
    such time, in such manner, and containing such information as the
    Secretary may require. The application shall contain information
    assessing the needs of the State with regard to child care health
    and safety, the goals to be achieved through the program carried
    out by the State under this subchapter, and the measures to be used
    to assess the progress made by the State toward achieving the
    goals.

-SOURCE-
    (Pub. L. 106-310, div. A, title XIV, Sec. 1405, Oct. 17, 2000, 114
    Stat. 1145.)

-End-



-CITE-
    42 USC Sec. 9859e                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II-C - CHILD CARE SAFETY AND HEALTH GRANTS

-HEAD-
    Sec. 9859e. Use of funds

-STATUTE-
    (a) In general
      A State that receives an allotment under section 9859c of this
    title shall use the funds made available through the allotment to
    carry out two or more activities consisting of - 
        (1) providing training and education to eligible child care
      providers on preventing injuries and illnesses in children, and
      promoting health-related practices;
        (2) strengthening licensing, regulation, or registration
      standards for eligible child care providers;
        (3) assisting eligible child care providers in meeting
      licensing, regulation, or registration standards, including
      rehabilitating the facilities of the providers, in order to bring
      the facilities into compliance with the standards;
        (4) enforcing licensing, regulation, or registration standards
      for eligible child care providers, including holding increased
      unannounced inspections of the facilities of those providers;
        (5) providing health consultants to provide advice to eligible
      child care providers;
        (6) assisting eligible child care providers in enhancing the
      ability of the providers to serve children with disabilities and
      infants and toddlers with disabilities;
        (7) conducting criminal background checks for eligible child
      care providers and other individuals who have contact with
      children in the facilities of the providers;
        (8) providing information to parents on what factors to
      consider in choosing a safe and healthy child care setting; or
        (9) assisting in improving the safety of transportation
      practices for children enrolled in child care programs with
      eligible child care providers.
    (b) Supplement, not supplant
      Funds appropriated pursuant to the authority of this subchapter
    shall be used to supplement and not supplant other Federal, State,
    and local public funds expended to provide services for eligible
    individuals.

-SOURCE-
    (Pub. L. 106-310, div. A, title XIV, Sec. 1406, Oct. 17, 2000, 114
    Stat. 1145.)

-End-



-CITE-
    42 USC Sec. 9859f                                           01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER II-C - CHILD CARE SAFETY AND HEALTH GRANTS

-HEAD-
    Sec. 9859f. Reports

-STATUTE-
      Each State that receives an allotment under section 9859c of this
    title shall annually prepare and submit to the Secretary a report
    that describes - 
        (1) the activities carried out with funds made available
      through the allotment; and
        (2) the progress made by the State toward achieving the goals
      described in the application submitted by the State under section
      9859d of this title.

-SOURCE-
    (Pub. L. 106-310, div. A, title XIV, Sec. 1407, Oct. 17, 2000, 114
    Stat. 1145.)

-End-


-CITE-
    42 USC SUBCHAPTER III - FOLLOW THROUGH PROGRAMS             01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER III - FOLLOW THROUGH PROGRAMS

-HEAD-
                 SUBCHAPTER III - FOLLOW THROUGH PROGRAMS             

-End-


-CITE-
    42 USC Part I - Direct Services                             01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER III - FOLLOW THROUGH PROGRAMS
    Part I - Direct Services

-HEAD-
                         PART I - DIRECT SERVICES                     

-End-



-CITE-
    42 USC Secs. 9861, 9862                                     01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER III - FOLLOW THROUGH PROGRAMS
    Part I - Direct Services

-HEAD-
    Secs. 9861, 9862. Repealed.

-MISC1-
    Secs. 9861, 9862. Repealed. Pub. L. 103-382, title III, Sec.
      391(w), Oct. 20, 1994, 108 Stat. 4025.
      Section 9861, Pub. L. 97-35, title VI, Sec. 662, Aug. 13, 1981,
    95 Stat. 508; Pub. L. 101-501, title II, Sec. 202, Nov. 3, 1990,
    104 Stat. 1243, authorized financial assistance for Follow Through
    programs.
      Section 9862, Pub. L. 97-35, title VI, Sec. 663, as added Pub. L.
    101-501, title II, Sec. 203, Nov. 3, 1990, 104 Stat. 1244; amended
    Pub. L. 102-119, Sec. 26(c), Oct. 7, 1991, 105 Stat. 607, related
    to consideration of applications.
      A prior section 9862, Pub. L. 97-35, title VI, Sec. 663, Aug. 13,
    1981, 95 Stat. 509; Pub. L. 98-558, title III, Sec. 301, Oct. 30,
    1984, 98 Stat. 2887; Pub. L. 99-425, title II, Sec. 201(a), Sept.
    30, 1986, 100 Stat. 966, related to funding requirements, prior to
    repeal by Pub. L. 101-501, title II, Sec. 203, Nov. 3, 1990, 104
    Stat. 1244.

-End-


-CITE-
    42 USC Part II - Program Improvement                        01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER III - FOLLOW THROUGH PROGRAMS
    Part II - Program Improvement

-HEAD-
                       PART II - PROGRAM IMPROVEMENT                   

-End-



-CITE-
    42 USC Secs. 9863 to 9865                                   01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER III - FOLLOW THROUGH PROGRAMS
    Part II - Program Improvement

-HEAD-
    Secs. 9863 to 9865. Repealed.

-MISC1-
    Secs. 9863 to 9865. Repealed. Pub. L. 103-382, title III, Sec.
      391(w), Oct. 20, 1994, 108 Stat. 4025.
      Section 9863, Pub. L. 97-35, title VI, Sec. 664, as added Pub. L.
    101-501, title II, Sec. 204(a), Nov. 3, 1990, 104 Stat. 1245,
    authorized financial assistance for research regarding Follow
    Through programs and approaches.
      A prior section 9863, Pub. L. 97-35, title VI, Sec. 664, Aug. 13,
    1981, 95 Stat. 509, related to grants or contracts for research,
    demonstration, and pilot projects, prior to repeal by Pub. L. 101-
    501, title II, Sec. 204(a), Nov. 3, 1990, 104 Stat. 1245.
      Section 9863a, Pub. L. 97-35, title VI, Sec. 664A, as added Pub.
    L. 101-501, title II, Sec. 204(a), Nov. 3, 1990, 104 Stat. 1245,
    related to technical assistance and training.
      Section 9863b, Pub. L. 97-35, title VI, Sec. 664B, as added Pub.
    L. 101-501, title II, Sec. 204(a), Nov. 3, 1990, 104 Stat. 1246,
    authorized grants to entities which operate, or previously
    operated, effective Follow Through programs.
      Section 9863c, Pub. L. 97-35, title VI, Sec. 664C, as added Pub.
    L. 101-501, title II, Sec. 204(a), Nov. 3, 1990, 104 Stat. 1246,
    related to grant to establish national clearinghouse on Follow
    Through programs.
      Section 9864, Pub. L. 97-35, title VI, Sec. 665, Aug. 13, 1981,
    95 Stat. 510; Pub. L. 101-501, title II, Sec. 205, Nov. 3, 1990,
    104 Stat. 1246, related to announcement of research and evaluation
    contracts.
      Section 9865, Pub. L. 97-35, title VI, Sec. 666, Aug. 13, 1981,
    95 Stat. 510; Pub. L. 101-501, title II, Sec. 206, Nov. 3, 1990,
    104 Stat. 1247, related to continuing evaluation of programs under
    this subchapter.

-End-


-CITE-
    42 USC Part III - General and Administrative Provisions     01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER III - FOLLOW THROUGH PROGRAMS
    Part III - General and Administrative Provisions

-HEAD-
             PART III - GENERAL AND ADMINISTRATIVE PROVISIONS         

-End-



-CITE-
    42 USC Secs. 9866 to 9869                                   01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER III - FOLLOW THROUGH PROGRAMS
    Part III - General and Administrative Provisions

-HEAD-
    Secs. 9866 to 9869. Repealed.

-MISC1-
    Secs. 9866 to 9869. Repealed. Pub. L. 103-382, title III, Sec.
      391(w), Oct. 20, 1994, 108 Stat. 4025.
      Section 9866, Pub. L. 97-35, title VI, Sec. 667, as added Pub. L.
    101-501, title II, Sec. 207(a), Nov. 3, 1990, 104 Stat. 1247,
    related to authorization of appropriations to carry out this
    subchapter.
      A prior section 9866, Pub. L. 97-35, title VI, Sec. 667, Aug. 13,
    1981, 95 Stat. 511, provided for technical assistance and training,
    prior to repeal by Pub. L. 101-501, title II, Sec. 204(b), Nov. 3,
    1990, 104 Stat. 1246.
      Section 9867, Pub. L. 97-35, title VI, Sec. 668, Aug. 13, 1981,
    95 Stat. 511; Pub. L. 99-425, title II, Sec. 201(b), Sept. 30,
    1986, 100 Stat. 967; Pub. L. 101-501, title II, Secs. 201(2), 209,
    Nov. 3, 1990, 104 Stat. 1243, 1248, related to special conditions
    on financial assistance.
      Section 9868, Pub. L. 97-35, title VI, Sec. 669, Aug. 13, 1981,
    95 Stat. 511, related to applicability of other provisions to
    administration of this subchapter.
      Section 9869, Pub. L. 97-35, title VI, Sec. 669A, as added Pub.
    L. 101-501, title II, Sec. 208, Nov. 3, 1990, 104 Stat. 1248,
    related to participation of entities that receive funds under this
    subchapter in other Federal educational activities and programs.

-End-


-CITE-
    42 USC SUBCHAPTER IV - GRANTS TO STATES FOR PLANNING AND
           DEVELOPMENT OF DEPENDENT CARE PROGRAMS AND
           FOR OTHER PURPOSES                              01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER IV - GRANTS TO STATES FOR PLANNING AND DEVELOPMENT OF
                     DEPENDENT CARE PROGRAMS AND FOR OTHER PURPOSES

-HEAD-
     SUBCHAPTER IV - GRANTS TO STATES FOR PLANNING AND DEVELOPMENT OF
              DEPENDENT CARE PROGRAMS AND FOR OTHER PURPOSES

-COD-
                               CODIFICATION                           
      Subchapter is based on subchapter E, formerly D, of chapter 8 of
    subtitle A of title VI of Pub. L. 97-35, as added by Pub. L. 98-
    558, title I, Sec. 109, Oct. 30, 1984, 98 Stat. 2880, and amended
    and redesignated.

-End-



-CITE-
    42 USC Sec. 9871                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER IV - GRANTS TO STATES FOR PLANNING AND DEVELOPMENT OF
                     DEPENDENT CARE PROGRAMS AND FOR OTHER PURPOSES

-HEAD-
    Sec. 9871. Authorization of appropriations

-STATUTE-
      For the purpose of making allotments to States to carry out the
    activities described in section 9874 of this title, there is
    authorized to be appropriated $13,000,000 for fiscal year 1995.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 670A, as added Pub. L. 98-558, title
    I, Sec. 109, Oct. 30, 1984, 98 Stat. 2880; amended Pub. L. 99-425,
    title III, Sec. 301, Sept. 30, 1986, 100 Stat. 967; Pub. L. 101-
    501, title III, Sec. 301, Nov. 3, 1990, 104 Stat. 1248; Pub. L.
    103-252, title I, Sec. 122, May 18, 1994, 108 Stat. 650.)


-MISC1-
                                AMENDMENTS                            
      1994 - Pub. L. 103-252 substituted "is authorized to be
    appropriated $13,000,000 for fiscal year 1995" for "are authorized
    to be appropriated $20,000,000 for each of the fiscal years 1990
    and 1991, and such sums as may be necessary for fiscal years 1992,
    1993, and 1994".
      1990 - Pub. L. 101-501 substituted "are authorized" for "is
    authorized", struck out "1987, 1988, 1989, and" before "1990", and
    inserted "and 1991, and such sums as may be necessary for fiscal
    years 1992, 1993, and 1994" after "1990".
      1986 - Pub. L. 99-425 amended section generally. Prior to
    amendment, section read as follows: "For the purpose of allotments
    to States to carry out the activities described in section 9874 of
    this title, there are authorized to be appropriated $20,000,000 for
    each of the fiscal years 1985 and 1986."

                     EFFECTIVE DATE OF 1994 AMENDMENT                 
      Amendment by Pub. L. 103-252 effective May 18, 1994, but not
    applicable to Head Start agencies and other recipients of financial
    assistance under the Head Start Act (42 U.S.C. 9831 et seq.) until
    Oct. 1, 1994, see section 127 of Pub. L. 103-252, set out as a note
    under section 9832 of this title.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-501 effective Oct. 1, 1990, see section
    1001(a) of Pub. L. 101-501, set out as a note under section 8621 of
    this title.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-425 effective Oct. 1, 1986, see section
    1001 of Pub. L. 99-425, set out as a note under section 8621 of
    this title.

                                SHORT TITLE                            
      For short title of this subchapter as the "State Dependent Care
    Development Grants Act", see section 670H of Pub. L. 97-35, set out
    as a note under section 9801 of this title.

-End-



-CITE-
    42 USC Sec. 9872                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER IV - GRANTS TO STATES FOR PLANNING AND DEVELOPMENT OF
                     DEPENDENT CARE PROGRAMS AND FOR OTHER PURPOSES

-HEAD-
    Sec. 9872. Allotments

-STATUTE-
      (a) From the amounts appropriated under section 9871 of this
    title for each fiscal year, the Secretary shall allot to each State
    an amount which bears the same ratio to the total amount
    appropriated under such section for such fiscal year as the
    population of the State bears to the population of all States,
    except that no State may receive less than $50,000 in each fiscal
    year.
      (b) For the purpose of the exception contained in subsection (a)
    of this section, the term "State" does not include Guam, American
    Samoa, the Virgin Islands, the Trust Territory of the Pacific
    Islands, and the Commonwealth of the Northern Mariana Islands.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 670B, as added Pub. L. 98-558, title
    I, Sec. 109, Oct. 30, 1984, 98 Stat. 2880.)


-TRANS-
           TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS       
      For termination of Trust Territory of the Pacific Islands, see
    note set out preceding section 1681 of Title 48, Territories and
    Insular Possessions.

-End-



-CITE-
    42 USC Sec. 9873                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER IV - GRANTS TO STATES FOR PLANNING AND DEVELOPMENT OF
                     DEPENDENT CARE PROGRAMS AND FOR OTHER PURPOSES

-HEAD-
    Sec. 9873. Payments under allotments to States

-STATUTE-
      The Secretary shall make payments, as provided by section 6503(a)
    of title 31, to each State from its allotments under section 9872
    of this title from amounts appropriated under section 9871 of this
    title.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 670C, as added Pub. L. 98-558, title
    I, Sec. 109, Oct. 30, 1984, 98 Stat. 2880.)

-End-



-CITE-
    42 USC Sec. 9874                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER IV - GRANTS TO STATES FOR PLANNING AND DEVELOPMENT OF
                     DEPENDENT CARE PROGRAMS AND FOR OTHER PURPOSES

-HEAD-
    Sec. 9874. Use of allotments

-STATUTE-
    (a) Referral systems; information; contents
      (1) Subject to the provisions of subsections (c) and (d) of this
    section, amounts paid to a State under section 9873 of this title
    from its allotment under section 9872 of this title may be used for
    the planning, development, establishment, operation, expansion, or
    improvement by the States, directly or by grant or contract with
    public or private entities, of State and local resource and
    referral systems to provide information concerning the
    availability, types, costs, and locations of dependent care
    services. The information provided by any such system may include -
    
        (A) the types of dependent care services available, including
      services provided by individual homes, religious organizations,
      community organizations, employers, private industry, and public
      and private institutions;
        (B) the costs of available dependent care services;
        (C) the locations in which dependent care services are
      provided;
        (D) the forms of transportation available to such locations;
        (E) the hours during which such dependent care services are
      available;
        (F) the dependents eligible to enroll for such dependent care
      services; and
        (G) any resource and referral system planned, developed,
      established, expanded, or improved with amounts paid to a State
      under this subchapter.

      (2) The State, with respect to the uses of funds described in
    paragraph (1) of this subsection shall - 
        (A) provide assurances that no information will be included
      with respect to any dependent care services which are not
      provided in compliance with the laws of the State and localities
      in which such services are provided; and
        (B) provide assurances that the information provided will be
      the latest information available and will be kept up to date.
    (b) School-age child care services; assurances; estimates
      (1) Subject to the provisions of subsections (c) and (d) of this
    section, amounts paid to a State under section 9873 of this title
    from its allotment under section 9872 of this title may be used for
    the planning, development, establishment, operation, expansion, or
    improvement by the States, directly, or by grant or contract, with
    public agencies or private nonprofit organizations of programs to
    furnish school-age child care services before and after school.
    Amounts so paid to a State and used for the operation of such child
    care services shall be designed to enable children, whose families
    lack adequate financial resources, to participate in before or
    after school child care programs.
      (2) The State, with respect to the uses of funds described in
    paragraph (1) of this subsection shall - 
        (A) provide assurances, in the case of an applicant that is not
      a State or local educational agency, that the applicant has or
      will enter into an agreement with the State or local educational
      agency, institution of higher education or community center
      containing provisions for - 
          (i) the use of facilities for the provision of before or
        after school child care services (including such use during
        holidays and vacation periods),
          (ii) the restrictions, if any, on the use of such space, and
          (iii) the times when the space will be available for the use
        of the applicant;

        (B) provide an estimate of the costs of the establishment of
      the child care service program in the facilities;
        (C) provide assurances that the parents of school-age children
      will be involved in the development and implementation of the
      program for which assistance is sought under this Act; (!1)

        (D) provide assurances that the applicant is able and willing
      to seek to enroll racially, ethnically, and economically diverse
      school-age children, as well as handicapped school-age children,
      in the child care service program for which assistance is sought
      under this Act; (!1)
        (E) provide assurances that the child care program is in
      compliance with State and local child care licensing laws and
      regulations governing day care services for school-age children
      to the extent that such regulations are appropriate to the age
      group served; and
        (F) provide such other assurances as the chief executive
      officer of the State may reasonably require to carry out this
      Act.(!1)
    (c) Percentage of allotment; waiver
      (1) Except as provided in paragraph (2), of the allotment to each
    State in each fiscal year - 
        (A) 40 percent shall be available for the activities described
      in subsection (a) of this section;
        (B) 60 percent shall be available for the activities described
      in subsection (b) of this section.

      (2) For any fiscal year the Secretary may waive the percentage
    requirements specified in paragraph (1) on the request of a State
    if such State demonstrates to the satisfaction of the Secretary - 
        (A) that the amount of funds available as a result of one of
      such percentage requirements is not needed in such fiscal year
      for the activities for which such amount is so made available;
      and
        (B) the adequacy of the alternative percentages, relative to
      need, the State specifies the State will apply with respect to
      all of the activities referred to in paragraph (1) if such waiver
      is granted.
    (d) Prohibition; use of amounts
      A State may not use amounts paid to it under this subchapter to -
    
        (1) make cash payments to intended recipients of dependent care
      services including child care services;
        (2) pay for construction or renovation; or
        (3) satisfy any requirement for the expenditure of non-Federal
      funds as a condition for the receipt of Federal funds.
    (e) Federal share; cost of administration
      (1) The Federal share of any project supported under this
    subchapter shall be not more than 75 percent.
      (2) Not more than 10 percent of the allotment of each State under
    this subchapter may be available for the cost of administration.
    (f) Duplication of services
      Projects supported under this section to plan, develop,
    establish, expand, operate, or improve a State or local resource
    and referral system or before or after school child care program
    shall not duplicate any services which are provided before October
    30, 1984, by the State or locality which will be served by such
    system.
    (g) Technical assistance to States; planning and operational
      activities
      The Secretary may provide technical assistance to States in
    planning and carrying out activities under this subchapter.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 670D, as added Pub. L. 98-558, title
    I, Sec. 109, Oct. 30, 1984, 98 Stat. 2880; amended Pub. L. 99-425,
    title III, Sec. 302, Sept. 30, 1986, 100 Stat. 967; Pub. L. 101-
    501, title III, Secs. 302, 303, 305(a), Nov. 3, 1990, 104 Stat.
    1249, 1250.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      This Act, referred to in subsec. (b)(2)(C), (D), (F), is Pub. L.
    97-35, known as the Omnibus Budget Reconciliation Act of 1981, but
    probably should have been "this subchapter", meaning subchapter E
    of chapter 8 of subtitle A of title VI of Pub. L. 97-35, known as
    the State Dependent Care Development Grants Act, which is
    classified to this subchapter.


-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (a)(1). Pub. L. 101-501, Secs. 303(a)(1),
    305(a)(1), inserted "operation," after "establishment," and struck
    out "for fiscal year 1985 and fiscal year 1986" before "may be
    used".
      Subsec. (b)(1). Pub. L. 101-501, Secs. 303(a)(2), (3), 305(a)(2),
    struck out "for fiscal year 1985 and fiscal year 1986" before "may
    be used", inserted "operation," after "establishment,", struck out
    "in public or private school facilities or in community centers in
    communities" after "before and after school", and inserted at end
    "Amounts so paid to a State and used for the operation of such
    child care services shall be designed to enable children, whose
    families lack adequate financial resources, to participate in
    before or after school child care programs."
      Subsec. (b)(2)(D). Pub. L. 101-501, Sec. 305(a)(3)(A), inserted
    "school-age children," after "diverse" and inserted comma after
    last reference to "children".
      Subsec. (b)(2)(F). Pub. L. 101-501, Sec. 305(a)(3)(B),
    substituted "chief executive officer of the State" for "Governor"
    and struck out "the provisions of" before "this Act".
      Subsec. (c). Pub. L. 101-501, Sec. 302, designated existing
    provision as par. (1), redesignated pars. (1) and (2) as subpars.
    (A) and (B), respectively, substituted "Except as provided in
    paragraph (2), of" for "Of", and added par. (2).
      Subsec. (d). Pub. L. 101-501, Sec. 303(b), redesignated pars.
    (2), (4), and (5) as (1), (2), and (3), respectively, and struck
    out former pars. (1) and (3) which read as follows:
      "(1) pay the costs of operation of any resource and referral
    system or before or after school child care program established,
    expanded, or improved under subsection (a) of this section;
      "(3) subsidize the direct provision of dependent care services
    including child care services;".
      Subsec. (d)(1). Pub. L. 101-501, Sec. 305(a)(4), which directed
    the substitution of "subsections (a) and (b) of this section" for
    "subsection (a) of this section", could not be executed because of
    the intervening amendment by Pub. L. 101-501, Sec. 303(b), see
    above.
      Subsec. (f). Pub. L. 101-501, Secs. 303(a)(4), 305(a)(5),
    inserted "operate," after "expand," and substituted "which are
    provided before October 30, 1984," for ", which prior to October
    30, 1984, are provided".
      Subsec. (g). Pub. L. 101-501, Sec. 305(a)(6), substituted
    "carrying out activities" for "operating activities to be carried
    out".
      1986 - Subsec. (a). Pub. L. 99-425, Sec. 302(a), designated
    existing provisions as par. (1), substituted "system may include"
    for "system shall include", redesignated cls. (1) to (7) as (A) to
    (G), respectively, struck out last sentence which read as follows:
    "In carrying out clause (7) of the previous sentence, no
    information shall be included with respect to any dependent care
    services which are not provided in compliance with the laws of the
    State and localities in which such services are provided", and
    added par. (2).
      Subsec. (b)(1). Pub. L. 99-425, Sec. 302(b)(1), struck out "where
    school facilities are not available" after "centers in
    communities".
      Subsec. (b)(2)(E). Pub. L. 99-425, Sec. 302(b)(2), inserted
    "child care" before "licensing laws".

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-501 effective Oct. 1, 1990, see section
    1001(a) of Pub. L. 101-501, set out as a note under section 8621 of
    this title.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-425 effective Oct. 1, 1986, see section
    1001 of Pub. L. 99-425, set out as a note under section 8621 of
    this title.

-FOOTNOTE-               

    (!1) So in original. Probably should be "subchapter".


-End-



-CITE-
    42 USC Sec. 9875                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER IV - GRANTS TO STATES FOR PLANNING AND DEVELOPMENT OF
                     DEPENDENT CARE PROGRAMS AND FOR OTHER PURPOSES

-HEAD-
    Sec. 9875. Application and description of activities; requirements

-STATUTE-
    (a) Applications
      (1) In order to receive an allotment under section 9872 of this
    title, each State shall submit an application to the Secretary.
    Each such application shall be in such form and submitted by such
    date as the Secretary shall require.
      (2) Each application required under paragraph (1) for an
    allotment under section 9872 of this title shall contain assurances
    that the State will meet the requirements of subsection (b) of this
    section.
    (b) Certifications
      As part of the annual application required by subsection (a) of
    this section, the chief executive officer of each State shall - 
        (1) certify that the State agrees to use the funds allotted to
      it under section 9872 of this title in accordance with the
      requirements of this subchapter; and
        (2) certify that the State agrees that Federal funds made
      available under section 9873 of this title for any period will be
      so used as to supplement and increase the level of State, local,
      and other non-Federal funds that would in the absence of such
      Federal funds be made available for the programs and activities
      for which funds are provided under that section and will in no
      event supplant such State, local, and other non-Federal funds.

    The Secretary may not prescribe for a State the manner of
    compliance with the requirements of this subsection.
    (c) Description; intended use of payments; comments; revision
      (1) The chief executive officer of a State shall, as part of the
    application required by subsection (a) of this section, also
    prepare and furnish the Secretary (in accordance with such form as
    the Secretary shall provide) with a description of the intended use
    of the payments the State will receive under section 9873 of this
    title, including information on the programs and activities to be
    supported. The description shall be made public within the State in
    such manner as to facilitate comment from any person (including any
    Federal or other public agency) during development of the
    description and after its transmittal. The description shall be
    revised (consistent with this section) until September 30, 1991, as
    may be necessary to reflect substantial changes in the programs and
    activities assisted by the State under this subchapter, and any
    revision shall be subject to the requirements of the preceding
    sentence.
      (2) The chief executive officer of each State shall include in
    such a description of - 
        (A) the number of children who participated in before and after
      school child care programs assisted under this subchapter;
        (B) the characteristics of the children so served including age
      levels, handicapped condition, income level of families in such
      programs;
        (C) the salary level and benefits paid to employees in such
      child care programs; and
        (D) the number of clients served in resource and referral
      systems assisted under this subchapter, and the types of
      assistance they requested.
    (d) Application to Public Health Service Act
      Except where inconsistent with the provisions of this subchapter,
    the provisions of section 1903(b) [42 U.S.C. 300w-2(b)], paragraphs
    (1) through (5) of section 1906(a) (!1) [42 U.S.C. 300w-5(a)], and
    sections 1906(b), 1907, 1908, and 1909 [42 U.S.C. 300w-5(b), 300w-
    6, 300w-7, 300w-8] of the Public Health Service Act shall apply to
    this subchapter in the same manner as such provisions apply to part
    A of title XIX of such Act [42 U.S.C. 300w et seq.].


-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 670E, as added Pub. L. 98-558, title
    I, Sec. 109, Oct. 30, 1984, 98 Stat. 2882; amended Pub. L. 101-501,
    title III, Secs. 304, 305(b), Nov. 3, 1990, 104 Stat. 1249, 1250.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The Public Health Service Act, referred to in subsec. (d), is act
    July 1, 1944, ch. 373, 58 Stat. 682, as amended. Part A of title
    XIX of the Public Health Service Act is classified generally to
    part A (Sec. 300w et seq.) of subchapter XVII of chapter 6A of this
    title. Section 1906(a) of the Act, which is classified to section
    300w-5(a) of this title, was amended generally by Pub. L. 102-531,
    title I, Sec. 104(a), Oct. 27, 1992, 106 Stat. 3473, and, as so
    amended, consists of pars. (1) to (4) rather than pars. (1) to (5).
    For complete classification of this Act to the Code, see Short
    Title note set out under section 201 of this title and Tables.


-MISC1-
                                AMENDMENTS                            
      1990 - Subsec. (c). Pub. L. 101-501, Sec. 305(b), which directed
    that "until September 30, 1987," be struck out, could not be
    executed, because of the intervening amendment by Pub. L. 101-501,
    Sec. 304, see below.
      Pub. L. 101-501, Sec. 304, designated existing provisions as par.
    (1), substituted "September 30, 1991" for "September 30, 1987", and
    added par. (2).

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-501 effective Oct. 1, 1990, see section
    1001(a) of Pub. L. 101-501, set out as a note under section 8621 of
    this title.

-FOOTNOTE-
    (!1) See References in Text note below.


-End-



-CITE-
    42 USC Sec. 9876                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER IV - GRANTS TO STATES FOR PLANNING AND DEVELOPMENT OF
                     DEPENDENT CARE PROGRAMS AND FOR OTHER PURPOSES

-HEAD-
    Sec. 9876. Report

-STATUTE-
      Within three years after October 30, 1984, the Secretary shall
    prepare and transmit to the Senate Committee on Labor and Human
    Resources and the House Committee on Education and Labor a report
    concerning the activities conducted by the States with amounts
    provided under this subchapter.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 670F, as added Pub. L. 98-558, title
    I, Sec. 109, Oct. 30, 1984, 98 Stat. 2883.)

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Labor and Human Resources of Senate changed to
    Committee on Health, Education, Labor, and Pensions of Senate by
    Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19,
    1999.
      Committee on Education and Labor of House of Representatives
    treated as referring to Committee on Economic and Educational
    Opportunities of House of Representatives by section 1(a) of Pub.
    L. 104-14, set out as a note preceding section 21 of Title 2, The
    Congress. Committee on Economic and Educational Opportunities of
    House of Representatives changed to Committee on Education and the
    Workforce of House of Representatives by House Resolution No. 5,
    One Hundred Fifth Congress, Jan. 7, 1997.

-End-



-CITE-
    42 USC Sec. 9877                                            01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER IV - GRANTS TO STATES FOR PLANNING AND DEVELOPMENT OF
                     DEPENDENT CARE PROGRAMS AND FOR OTHER PURPOSES

-HEAD-
    Sec. 9877. Definitions

-STATUTE-
      For purposes of this subchapter - 
        (1) the term "community center" means facilities operated by
      nonprofit community-based organizations for the provision of
      recreational, social, or educational services to the general
      public;
        (2) the term "dependent" means - 
          (A) an individual who has not attained the age of 17 years;
          (B) an individual who has attained the age of 55 years; or
          (C) an individual with a developmental disability;

        (3) the term "developmental disability" has the same meaning as
      in section 15002 of this title;
        (4) the term "equipment" has the same meaning given that term
      by section 198(a)(8) of the Elementary and Secondary Education
      Act of 1965; (!1)

        (5) the term "institution of higher education" has the same
      meaning given that term under section 1001 of title 20;
        (6) the term "local educational agency" has the same meaning
      given that term under section 7801 of title 20;
        (7) the term "school-age children" means children aged five
      through thirteen, except that in any State in which by State law
      children at an earlier age are provided free public education,
      the age provided in State law shall be substituted for age five;
        (8) the term "school facilities" means classrooms and related
      facilities used for the provision of education;
        (9) the term "Secretary" means the Secretary of Health and
      Human Services;
        (10) the term "State" means each of the several States, the
      District of Columbia, the Commonwealth of Puerto Rico, Guam,
      American Samoa, the Virgin Islands, the Federated States of
      Micronesia, the Republic of the Marshall Islands, Palau, and the
      Commonwealth of the Northern Mariana Islands; and
        (11) the term "State educational agency" has the meaning given
      that term under section 7801 of title 20.

-SOURCE-
    (Pub. L. 97-35, title VI, Sec. 670G, as added Pub. L. 98-558, title
    I, Sec. 109, Oct. 30, 1984, 98 Stat. 2883; amended Pub. L. 99-425,
    title III, Sec. 303, Sept. 30, 1986, 100 Stat. 967; Pub. L. 101-
    501, title III, Sec. 305(c), Nov. 3, 1990, 104 Stat. 1250; Pub. L.
    103-382, title III, Sec. 394(l), Oct. 20, 1994, 108 Stat. 4029;
    Pub. L. 105-244, title I, Sec. 102(a)(13)(H), Oct. 7, 1998, 112
    Stat. 1621; Pub. L. 106-402, title IV, Sec. 401(b)(12), Oct. 30,
    2000, 114 Stat. 1739; Pub. L. 107-110, title X, Sec. 1076(dd), Jan.
    8, 2002, 115 Stat. 2093.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 198 of the Elementary and Secondary Education Act of
    1965, referred to in par. (4), is section 198 of Pub. L. 89-10,
    title I, as added Pub. L. 95-561, title I, Sec. 101(a), Nov. 1,
    1978, 92 Stat. 2198, as amended, which was classified to section
    2854 of Title 20, Education, prior to the general revision of Pub.
    L. 89-10 by Pub. L. 100-297, title I, Sec. 1001, Apr. 28, 1988, 102
    Stat. 140.


-MISC1-
                                AMENDMENTS                            
      2002 - Pars. (6), (11). Pub. L. 107-110 substituted "7801" for
    "8801".
      2000 - Par. (3). Pub. L. 106-402 substituted "section 15002 of
    this title" for "section 6001(7) of this title".
      1998 - Par. (5). Pub. L. 105-244, which directed amendment of
    section 670G(5) of the Child Care and Development Block Grant Act
    of 1990 (42 U.S.C. 9877(5)) by substituting "section 1001" for
    "section 1141(a)", was executed to this section, which is section
    670G(5) of subchapter E of chapter 8 of subtitle A of title VI of
    Pub. L. 97-35, known as the State Dependent Care Development Grants
    Act, to reflect the probable intent of Congress.
      1994 - Par. (6). Pub. L. 103-382, Sec. 394(l)(1), substituted
    "section 8801 of title 20" for "section 198(a)(10) of the
    Elementary and Secondary Education Act of 1965".
      Par. (11). Pub. L. 103-382, Sec. 394(l)(2), substituted "section
    8801 of title 20" for "section 198(a)(17) of the Elementary and
    Secondary Education Act of 1965".
      1990 - Par. (2)(C). Pub. L. 101-501, Sec. 305(c)(1), substituted
    "an individual" for "a person".
      Par. (7). Pub. L. 101-501, Sec. 305(c)(2), inserted "in" after
    first reference to "State".
      Par. (10). Pub. L. 101-501, Sec. 305(c)(3), substituted
    "Federated States of Micronesia, the Republic of the Marshall
    Islands, Palau" for "Trust Territory of the Pacific Islands".
      1986 - Par. (7). Pub. L. 99-425 inserted ", except that in any
    State which by State law children at an earlier age are provided
    free public education, the age provided in State law shall be
    substituted for age five".

                     EFFECTIVE DATE OF 2002 AMENDMENT                 
      Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with
    respect to certain noncompetitive programs and competitive
    programs, see section 5 of Pub. L. 107-110, set out as an Effective
    Date note under section 6301 of Title 20, Education.

                     EFFECTIVE DATE OF 1998 AMENDMENT                 
      Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as
    otherwise provided in Pub. L. 105-244, see section 3 of Pub. L. 105-
    244, set out as a note under section 1001 of Title 20, Education.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-501 effective Oct. 1, 1990, see section
    1001(a) of Pub. L. 101-501, set out as a note under section 8621 of
    this title.

                     EFFECTIVE DATE OF 1986 AMENDMENT                 
      Amendment by Pub. L. 99-425 effective Oct. 1, 1986, see section
    1001 of Pub. L. 99-425, set out as a note under section 8621 of
    this title.

-FOOTNOTE-               

    (!1) See References in Text note below.


-End-


-CITE-
    42 USC SUBCHAPTER V - COMPREHENSIVE CHILD DEVELOPMENT
           PROGRAM                                         01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER V - COMPREHENSIVE CHILD DEVELOPMENT PROGRAM

-HEAD-
          SUBCHAPTER V - COMPREHENSIVE CHILD DEVELOPMENT PROGRAM      

-End-



-CITE-
    42 USC Secs. 9881 to 9887                                   01/03/2007

-EXPCITE-
    TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 105 - COMMUNITY SERVICES PROGRAMS
    SUBCHAPTER V - COMPREHENSIVE CHILD DEVELOPMENT PROGRAM

-HEAD-
    Secs. 9881 to 9887. Repealed.

-MISC1-
    Secs. 9881 to 9887. Repealed. Pub. L. 103-252, title I, Secs.
      112(b)(1), (2)(B), May 18, 1994, 108 Stat. 640, 641.
      Section 9881, Pub. L. 97-35, title VI, Sec. 670N, as added Pub.
    L. 100-297, title II, Sec. 2503, Apr. 28, 1988, 102 Stat. 326,
    authorized Comprehensive Child Development Program for pre-school
    children. See section 9840a of this title.
      Section 9882, Pub. L. 97-35, title VI, Sec. 670O, as added Pub.
    L. 100-297, title II, Sec. 2503, Apr. 28, 1988, 102 Stat. 328,
    proscribed Secretary from taking into consideration, when making a
    grant under former section 9881, whether the applicant had applied
    or received funds under subchapter II of this chapter, relating to
    the Head Start program.
      Section 9883, Pub. L. 97-35, title VI, Sec. 670P, as added Pub.
    L. 100-297, title II, Sec. 2503, Apr. 28, 1988, 102 Stat. 329,
    related to applicability to this subchapter of rules and
    regulations prescribed to carry out subchapter II of this chapter
    to the extent that the services provided were similar.
      Section 9884, Pub. L. 97-35, title VI, Sec. 670Q, as added Pub.
    L. 100-297, title II, Sec. 2503, Apr. 28, 1988, 102 Stat. 329,
    directed Secretary to continually evaluate projects under this
    subchapter.
      Section 9885, Pub. L. 97-35, title VI, Sec. 670R, as added Pub.
    L. 100-297, title II, Sec. 2503, Apr. 28, 1988, 102 Stat. 329,
    directed Secretary to carry out this subchapter through the
    administrative entity used to carry out subchapter II of this
    chapter.
      Section 9886, Pub. L. 97-35, title VI, Sec. 670S, as added Pub.
    L. 100-297, title II, Sec. 2503, Apr. 28, 1988, 102 Stat. 329;
    amended Pub. L. 102-119, Sec. 26(a), Oct. 7, 1991, 105 Stat. 607;
    Pub. L. 103-382, title III, Sec. 391(x), Oct. 20, 1994, 108 Stat.
    4025, provided definitions for terms used in this subchapter.
      Section 9887, Pub. L. 97-35, title VI, Sec. 670T, as added Pub.
    L. 100-297, title II, Sec. 2503, Apr. 28, 1988, 102 Stat. 330;
    amended Pub. L. 101-501, title VIII, Sec. 801, Nov. 3, 1990, 104
    Stat. 1261, authorized appropriations to carry out this subchapter.

                         EFFECTIVE DATE OF REPEAL                     
      Repeal effective May 18, 1994, but not applicable to Head Start
    agencies and other recipients of financial assistance under the
    Head Start Act (42 U.S.C. 9831 et seq.) until Oct. 1, 1994, see
    section 127 of Pub. L. 103-252, set out as an Effective Date of
    1994 Amendment note under section 9832 of this title.

    COMPREHENSIVE CHILD DEVELOPMENT PROGRAM; CONGRESSIONAL STATEMENT OF
                                  PURPOSE
      Pub. L. 100-297, title II, part E, Sec. 2502, Apr. 28, 1988, 102
    Stat. 325, provided that it is the purpose of part E of title II of
    Pub. L. 100-297 to provide financial assistance to projects that
    target and support infants and young children from low-income
    families, enhance their development, and provide support for their
    parents and other family members, prior to repeal by Pub. L. 103-
    252, title I, Sec. 112(b)(1), (2)(A), May 18, 1994, 108 Stat. 640,
    641.

                CONSOLIDATION OF CHILD DEVELOPMENT PROGRAMS            
      Section 112(b)(1) of Pub. L. 103-252 provided that: "In
    recognition that the Comprehensive Child Development Centers Act
    [enacting this subchapter, amending section 9833 of this title, and
    enacting provisions set out as notes under this section and section
    9801 of this title] has demonstrated positive results, and that its
    purposes and functions have been consolidated into section 645A of
    the Head Start Act [42 U.S.C. 9840a], the Comprehensive Child
    Development Centers Act of 1988 (42 U.S.C. 9801 note) and the
    Comprehensive Child Development Act (42 U.S.C. 9881 et seq.) are
    repealed."

-End-