dreamproit/uscode huggingface dataset:
42 U.S.C. § 9848 (THE PUBLIC HEALTH AND WELFARE)
§ 9848. Comparability of wages
(a) Comparability of wages
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.
(b) Limitation
(1) In general
Notwithstanding any other provision of law, no Federal funds may be used to pay any part of the compensation of an individual employed by a Head Start agency, if such compensation, including non-Federal funds, exceeds an amount equal to the rate payable for level II of the Executive Schedule under section 5313 of title 5.
(2) Compensation
In this subsection, the term “compensation”—
(A) includes salary, bonuses, periodic payments, severance pay, the value of any vacation time, the value of a compensatory or paid leave benefit not excluded by subparagraph (B), and the fair market value of any employee perquisite or benefit not excluded by subparagraph (B); and
(B) excludes any Head Start agency expenditure for a health, medical, life insurance, disability, retirement, or any other employee welfare or pension benefit.
(Pub. L. 97–35, title VI, § 653, Aug. 13, 1981, 95 Stat. 507; Pub. L. 101–501, title I, § 122, Nov. 3, 1990, 104 Stat. 1237; Pub. L. 110–134, § 22, Dec. 12, 2007, 121 Stat. 1442.)
heading: Editorial Notes
heading: Amendments
text: 2007—Pub. L. 110–134 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
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.”
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1990 Amendment
text: 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.
42 U.S.C. § 9850 (THE PUBLIC HEALTH AND WELFARE)
§ 9850. Limitation with respect to certain unlawful activities
No individual employed or assigned by or in 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.
(Pub. L. 97–35, title VI, § 655, Aug. 13, 1981, 95 Stat. 507; Pub. L. 110–134, § 23, Dec. 12, 2007, 121 Stat. 1443.)
heading: Editorial Notes
heading: Amendments
text: 2007—Pub. L. 110–134 inserted “or in” after “assigned by”.
42 U.S.C. § 9851 (THE PUBLIC HEALTH AND WELFARE)
§ 9851. Political activities
(a) State or local agency
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) Restrictions
(1) In general
A program assisted under this subchapter, and any individual employed by, or assigned to or in, a program assisted under this subchapter (during the hours in which such individual is working on behalf of such program), shall not engage in—
(A) 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; or
(B) any activity to provide voters or prospective voters with transportation to the polls or similar assistance in connection with any such election.
(2) Registration
No funds appropriated under this subchapter may be used to conduct voter registration activities. Nothing in this subchapter prohibits the availability of Head Start facilities during hours of operation for the use of any nonpartisan organization to increase the number of eligible citizens who register to vote in elections for Federal office.
(3) Rules and regulations
The Secretary, after consultation with the Director of the Office of Personnel Management, may issue rules and regulations to provide for the enforcement of this section, which may include provisions for summary suspension of assistance or other action necessary to permit enforcement on an emergency basis.
(Pub. L. 97–35, title VI, § 656, Aug. 13, 1981, 95 Stat. 508; Pub. L. 110–134, § 24, Dec. 12, 2007, 121 Stat. 1443.)
heading: Editorial Notes
heading: Amendments
text: 2007—Subsec. (a). Pub. L. 110–134, § 24(1), inserted heading.
Subsec. (b). Pub. L. 110–134, § 24(2), added subsec. (b) and struck out former subsec. (b) which read as follows: “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.”
42 U.S.C. § 9852a (THE PUBLIC HEALTH AND WELFARE)
§ 9852a. Parental consent requirement for nonemergency intrusive physical examinations
(a) Definition
The term “nonemergency intrusive physical examination” means, with respect to a child, a physical examination that—
(1) is not immediately necessary to protect the health or safety of the child involved or the health or safety of another individual; and
(2) requires incision or is otherwise invasive, or involves exposure of private body parts.
(b) Requirement
A Head Start agency shall obtain written parental consent before administration of any nonemergency intrusive physical examination of a child in connection with participation in a program under this subchapter.
(c) Rule of construction
Nothing in this section shall be construed to prohibit agencies from using established methods, for handling cases of suspected or known child abuse and neglect, that are in compliance with applicable Federal, State, or tribal law.
(Pub. L. 97–35, title VI, § 657A, as added Pub. L. 110–134, § 25, Dec. 12, 2007, 121 Stat. 1443.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 9852a, Pub. L. 97–35, title VI, § 657A, as added Pub. L. 103–252, title I, § 123, May 18, 1994, 108 Stat. 650, related to consultation with Corporation for National and Community Service, prior to repeal by Pub. L. 105–285, title I, § 118, Oct. 27, 1998, 112 Stat. 2727.
42 U.S.C. § 9858a (THE PUBLIC HEALTH AND WELFARE)
§ 9858a. Establishment of block grant program
The Secretary is authorized to make grants to States in accordance with the provisions of this subchapter.
(Pub. L. 97–35, title VI, § 658C, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–236; amended Pub. L. 102–401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102–586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036.)
heading: Editorial Notes
heading: Amendments
text: 1992—Pub. L. 102–401 and Pub. L. 102–586 made identical technical corrections to directory language of Pub. L. 101–508, § 5082(2), which added this section.
42 U.S.C. § 9858d (THE PUBLIC HEALTH AND WELFARE)
§ 9858d. Limitations on State allotments
(a) No entitlement to contract or grant
Nothing in this subchapter shall be construed—
(1) to entitle any child care provider or recipient of a child care certificate to any contract, grant or benefit; or
(2) to limit the right of any State to impose additional limitations or conditions on contracts or grants funded under this subchapter.
(b) Construction of facilities
(1) In general
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)(I) of this title.
(Pub. L. 97–35, title VI, § 658F, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–240; amended Pub. L. 102–401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102–586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036; Pub. L. 104–193, title VI, § 606, Aug. 22, 1996, 110 Stat. 2283; Pub. L. 113–186, § 5(c), Nov. 19, 2014, 128 Stat. 1987.)
heading: Editorial Notes
heading: Amendments
text: 2014—Subsec. (b)(2). Pub. L. 113–186 substituted “section 9858c(c)(2)(I)” for “section 9858c(c)(2)(F)”.
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, § 5082(2), which added this section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1996 Amendment
text: 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.
42 U.S.C. § 9858h (THE PUBLIC HEALTH AND WELFARE)
§ 9858h. Payments
(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.
(Pub. L. 97–35, title VI, § 658J, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–243; amended Pub. L. 102–27, title III, § 310, Apr. 10, 1991, 105 Stat. 153; Pub. L. 102–401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102–586, § 8(a), (c)(1), Nov. 4, 1992, 106 Stat. 5035, 5036; Pub. L. 103–171, § 8, Dec. 2, 1993, 107 Stat. 1994; Pub. L. 104–193, title VI, § 610, Aug. 22, 1996, 110 Stat. 2284.)
heading: Editorial Notes
heading: Amendments
text: 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, § 8(a). See 1992 Amendment note below.
1992—Pub. L. 102–401 and Pub. L. 102–586, § 8(c)(1), made identical technical corrections to directory language of Pub. L. 101–508, § 5082(2), which added this section.
Subsec. (c). Pub. L. 102–586, § 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”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1996 Amendment
text: 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.
heading: Effective Date of 1992 Amendment
text: Pub. L. 102–586, § 8(d), Nov. 4, 1992, 106 Stat. 5036, 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.”
42 U.S.C. § 9858k (THE PUBLIC HEALTH AND WELFARE)
§ 9858k. Limitations on use of financial assistance for certain purposes
(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.
(Pub. L. 97–35, title VI, § 658M, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–244; amended Pub. L. 102–401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102–586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036.)
heading: Editorial Notes
heading: Amendments
text: 1992—Pub. L. 102–401 and Pub. L. 102–586 made identical technical corrections to directory language of Pub. L. 101–508, § 5082(2), which added this section.
42 U.S.C. § 9858o (THE PUBLIC HEALTH AND WELFARE)
§ 9858o. Parental rights and responsibilities
(a) In general
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.
(b) Parental rights to use child care certificates
Nothing in this subchapter shall be construed in a manner—
(1) to favor or promote the use of grants and contracts for the receipt of child care services under this subchapter over the use of child care certificates; or
(2) to disfavor or discourage the use of such certificates for the purchase of child care services, including those services provided by private or nonprofit entities, such as faith-based providers.
(Pub. L. 97–35, title VI, § 658Q, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–249; amended Pub. L. 102–401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102–586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036; Pub. L. 113–186, § 11, Nov. 19, 2014, 128 Stat. 2001.)
heading: Editorial Notes
heading: Amendments
text: 2014—Subsec. (a). Pub. L. 113–186 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
1992—Pub. L. 102–401 and Pub. L. 102–586 made identical technical corrections to directory language of Pub. L. 101–508, § 5082(2), which added this section.
42 U.S.C. § 9858p (THE PUBLIC HEALTH AND WELFARE)
§ 9858p. Severability
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.
(Pub. L. 97–35, title VI, § 658R, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–249; amended Pub. L. 102–401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102–586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036.)
heading: Editorial Notes
heading: Amendments
text: 1992—Pub. L. 102–401 and Pub. L. 102–586 made identical technical corrections to directory language of Pub. L. 101–508, § 5082(2), which added this section.
42 U.S.C. § 9858q (THE PUBLIC HEALTH AND WELFARE)
§ 9858q. Miscellaneous provisions
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.
(Pub. L. 97–35, title VI, § 658S, as added Pub. L. 102–586, § 8(b), Nov. 4, 1992, 106 Stat. 5035; amended Pub. L. 103–171, § 8, Dec. 2, 1993, 107 Stat. 1994.)
heading: Editorial Notes
heading: Amendments
text: 1993—Pub. L. 103–171 made technical correction to directory language of Pub. L. 102–586, § 8(b), which added this section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: 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.
42 U.S.C. § 9858r (THE PUBLIC HEALTH AND WELFARE)
§ 9858r. Studies on waiting lists
(a) Study
The Comptroller General of the United States shall conduct studies to determine, for each State, the number of families that—
(1) are eligible to receive assistance under the Child Care and Development Block Grant Act of 1990 [42 U.S.C. 9857 et seq.];
(2) have applied for the assistance, identified by the type of assistance requested; and
(3) have been placed on a waiting list for the assistance.
(b) Report
The Comptroller General shall prepare a report containing the results of each study and shall submit the report to the Committee on Health, Education, Labor and Pensions of the Senate, and the Committee on Education and the Workforce of the House of Representatives—
(1) not later than 2 years after November 19, 2014; and
(2) every 2 years thereafter.
(c) Definition
In this section, the term “State” has the meaning given the term in section 658P of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n).
(Pub. L. 113–186, § 12, Nov. 19, 2014, 128 Stat. 2001.)
heading: Editorial Notes
heading: References in Text
text: The Child Care and Development Block Grant Act of 1990, referred to in subsec. (a)(1), is subchapter C (§ 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, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–236, which is classified generally to this subchapter. For complete classification of this Act to the Code, see section 9857(a) of this title and Tables.
heading: Codification
text: Section was enacted as part of the Child Care and Development Block Grant Act of 2014, and not as part of the Child Care and Development Block Grant Act of 1990, which comprises this subchapter.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: Committee on Education and the Workforce of House of Representatives changed to Committee on Education and Labor of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019.
42 U.S.C. § 9871 (THE PUBLIC HEALTH AND WELFARE)
§ 9871. Authorization of appropriations
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.
(Pub. L. 97–35, title VI, § 670A, as added Pub. L. 98–558, title I, § 109, Oct. 30, 1984, 98 Stat. 2880; amended Pub. L. 99–425, title III, § 301, Sept. 30, 1986, 100 Stat. 967; Pub. L. 101–501, title III, § 301, Nov. 3, 1990, 104 Stat. 1248; Pub. L. 103–252, title I, § 122, May 18, 1994, 108 Stat. 650.)
heading: Editorial Notes
heading: Amendments
text: 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.”
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1994 Amendment
text: 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.
heading: Effective Date of 1990 Amendment
text: 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.
heading: Effective Date of 1986 Amendment
text: 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.
heading: Short Title
text: 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.
42 U.S.C. § 9872 (THE PUBLIC HEALTH AND WELFARE)
§ 9872. Allotments
(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), 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.
(Pub. L. 97–35, title VI, § 670B, as added Pub. L. 98–558, title I, § 109, Oct. 30, 1984, 98 Stat. 2880.)
heading: Executive Documents
heading: Termination of Trust Territory of the Pacific Islands
text: For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.