Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
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chapter_name: "COMMUNITY SERVICES PROGRAMS"
section: "9801"
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# 42 U.S.C. § 9801 - Statement of purpose
## Text
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.
(Pub. L. 9735, title VI, § 612, Aug. 13, 1981, 95 Stat. 489.)
## Notes
Statutory Notes and Related Subsidiaries
Short Title of 2014 AmendmentPub. L. 113186, § 1, Nov. 19, 2014, 128 Stat. 1971, provided that: “This Act [enacting sections 9858f and 9858r of this title and amending sections 9858, 9858b to 9858e, 9858g, 9858i, 9858j, and 9858m to 9858o of this title and provisions set out as notes under this section and section 9858 of this title] may be cited as the Child Care and Development Block Grant Act of 2014.”
Short Title of 2007 AmendmentPub. L. 110134, § 1(a), Dec. 12, 2007, 121 Stat. 1363, provided that: “This Act [enacting sections 9837b and 9852a to 9852c of this title and amending sections 1758, 1766, 9831 to 9835, 9836 to 9844, 9846, 9848, 9850, and 9851 of this title and sections 6312 and 9409 of Title 20, Education] may be cited as the Improving Head Start for School Readiness Act of 2007.”
Short Title of 1998 AmendmentPub. L. 105285, § 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. 105285, title I, § 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 AmendmentPub. L. 104193, title VI, § 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 AmendmentPub. L. 103252, § 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. 103252, title I, § 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 1396r5, 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 AmendmentPub. L. 102401, § 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 AmendmentPub. L. 101501, § 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. 101501, title I, § 101, Nov. 3, 1990, 104 Stat. 1224, provided that: “This subtitle [subtitle A (§§ 101123) of title I of Pub. L. 101501, 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. 101501, title I, § 131, Nov. 3, 1990, 104 Stat. 1238, provided that subtitle B (§§ 131140) of title I of Pub. L. 101501, enacting subchapter IIA 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. 105285, title I, § 119, Oct. 27, 1998, 112 Stat. 2728.
Short Title of 1989 AmendmentPub. L. 101120, § 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 AmendmentPub. L. 100297, title II, § 2501, Apr. 28, 1988, 102 Stat. 325, provided that part E (§§ 25012504) of title II of Pub. L. 100297, 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. 103252, title I, § 112(b)(1), (2)(A), May 18, 1994, 108 Stat. 640, 641.
Short Title of 1986 AmendmentPub. L. 99425, § 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 AmendmentPub. L. 98558, § 1, Oct. 30, 1984, 98 Stat. 2878, provided: “That this Act [enacting sections 9871 to 9877, 9905a, and 9910a of this title and sections 1070d31 to 1070d41, 1119d to 1119d8, 1119e to 1119e5, 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 TitlePub. L. 9735, title VI, § 611, Aug. 13, 1981, 95 Stat. 489, provided that: “This subchapter [subchapter A (§§ 611633) of chapter 8 of subtitle A of title VI of Pub. L. 9735, enacting this subchapter] may be cited as the Community Economic Development Act of 1981.” Pub. L. 9735, title VI, § 635, Aug. 13, 1981, 95 Stat. 499, provided that: “This subchapter [subchapter B (§§ 635657) of chapter 8 of subtitle A of title VI of Pub. L. 9735, enacting subchapter II of this chapter] may be cited as the Head Start Act.” Pub. L. 9735, title VI, subtitle A, ch. 8, subch. C, § 658A(a), as added by Pub. L. 101508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388236, and amended by Pub. L. 102401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036; Pub. L. 104193, title VI, § 602(2), Aug. 22, 1996, 110 Stat. 2279; Pub. L. 113186, § 2, Nov. 19, 2014, 128 Stat. 1971, which provided that subchapter IIB of this chapter could be cited as the “Child Care and Development Block Grant Act of 1990” and was formerly set out as a note under this section, was transferred to section 9857(a) of this title. Pub. L. 9735, title VI, subtitle A, ch. 8, subch. D, § 661, formerly subch. C, § 661, Aug. 13, 1981, 95 Stat. 508, as renumbered by Pub. L. 101508, title V, § 5082(1), Nov. 5, 1990, 104 Stat. 1388236, and amended by Pub. L. 102401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102586, § 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. 103382, title III, § 391(w), Oct. 20, 1994, 108 Stat. 4025. Pub. L. 9735, title VI, subtitle A, ch. 8, subch. E, § 670H, formerly subch. D, § 670H, as added by Pub. L. 99425, title III, § 304, Sept. 30, 1986, 100 Stat. 968, renumbered by Pub. L. 101508, title V, § 5082(1), Nov. 5, 1990, 104 Stat. 1388236, and amended by Pub. L. 102401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036, provided that: “This subchapter [subchapter E (§§ 670A670H), formerly subchapter D, of chapter 8 of subtitle A of title VI of Pub. L. 9735, enacting subchapter IV of this chapter] may be cited as the State Dependent Care Development Grants Act.” Pub. L. 9735, title VI, subtitle A, ch. 8, subch. F, § 670M, formerly subch. E, § 670M, as added by Pub. L. 100297, title II, § 2503, Apr. 28, 1988, 102 Stat. 325, renumbered by Pub. L. 101508, title V, § 5082(1), Nov. 5, 1990, 104 Stat. 1388236, and amended by Pub. L. 102401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102586, § 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. 103252, title I, § 112(b)(1), (2)(B), May 18, 1994, 108 Stat. 640, 641.
Inconsistent Laws Superseded During Fiscal Years 1982, 1983, and 1984Pub. L. 9735, title VI, § 601, Aug. 13, 1981, 95 Stat. 483, provided that: “(a) Any provision of law which is not consistent with the provisions of this subtitle [subtitle A (§§ 601670) of title VI of Pub. L. 9735, see Tables for classification] 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.”
@@ -0,0 +1,35 @@
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# 42 U.S.C. § 9802 - “Community development corporation” defined
## Text
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 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.
(Pub. L. 9735, title VI, § 613, Aug. 13, 1981, 95 Stat. 489.)
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# 42 U.S.C. § 9803 - Repealed. Pub. L. 105285, title II, § 202(b)(1), Oct. 27, 1998, 112 Stat. 2755
## Notes
Section, Pub. L. 9735, title VI, § 614, Aug. 13, 1981, 95 Stat. 489; Pub. L. 99425, title IV, § 405(c)(3), Sept. 30, 1986, 100 Stat. 970, related to source of funds for carrying out this subchapter.
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title_number: 42
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# 42 U.S.C. § 9804 - Advisory Community Investment Board
## Text
(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.
(Pub. L. 9735, title VI, § 615, Aug. 13, 1981, 95 Stat. 489; Pub. L. 105285, title II, § 202(b)(2), Oct. 27, 1998, 112 Stat. 2755.)
## Notes
Editorial Notes
Amendments1998—Subsec. (a)(2). Pub. L. 105285 substituted “through an appropriate office” for “through the Office of Community Services established in section 9905(a) of this title”.
Statutory Notes and Related Subsidiaries
Termination of Advisory BoardsAdvisory 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 1001(2) and 1013 of Title 5, Government Organization and Employees.
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# 42 U.S.C. § 9805 - Statement of purpose
## Text
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.
(Pub. L. 9735, title VI, § 616, Aug. 13, 1981, 95 Stat. 490.)
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# 42 U.S.C. § 9806 - Establishment and scope of programs
## Text
(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; 11 See References in Text note below. 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.
(Pub. L. 9735, title VI, § 617, Aug. 13, 1981, 95 Stat. 491; Pub. L. 105277, div. A, § 101(f) [title VIII, § 405(d)(40), (f)(31)], Oct. 21, 1998, 112 Stat. 2681337, 2681427, 2681434.)
## Notes
Editorial Notes
References in TextThe Workforce Investment Act of 1998, referred to in subsec. (a)(3), is Pub. L. 105220, Aug. 7, 1998, 112 Stat. 936, and was repealed by Pub. L. 113128, title V, §§ 506, 511(a), July 22, 2014, 128 Stat. 1703, 1705, effective July 1, 2015. Title I of the Act was classified principally to former chapter 30 (former § 2801 et seq.) of Title 29, Labor. Pursuant to section 3361(a) of Title 29, references to a provision of the Workforce Investment Act of 1998 are deemed to refer to the corresponding provision of the Workforce Innovation and Opportunity Act, Pub. L. 113128, July 22, 2014, 128 Stat. 1425, effective July 1, 2015. For complete classification of the Workforce Investment Act of 1998 to the Code, see Tables. For complete classification of the Workforce Innovation and Opportunity Act to the Code, see Short Title note set out under section 3101 of this title and Tables.
Amendments1998—Subsec. (a)(3). Pub. L. 105277, § 101(f) [title VIII, § 405(f)(31)], struck out “the Job Training Partnership Act or” after “activities described in”. Pub. L. 105277, § 101(f) [title VIII, § 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”.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment by section 101(f) [title VIII, § 405(d)(40)] of Pub. L. 105277 effective Oct. 21, 1998, and amendment by section 101(f) [title VIII, § 405(f)(31)] of Pub. L. 105277 effective July 1, 2000, see section 101(f) [title VIII, § 405(g)(1), (2)(B)] of Pub. L. 105277, set out as a note under section 3502 of Title 5, Government Organization and Employees.
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# 42 U.S.C. § 9807 - Financial assistance requirements
## Text
(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.
(Pub. L. 9735, title VI, § 618, Aug. 13, 1981, 95 Stat. 491.)
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# 42 U.S.C. § 9808 - Federal share; amount; availability; ownership of property acquired with Federal financial assistance
## Text
(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.
(Pub. L. 9735, title VI, § 619, Aug. 13, 1981, 95 Stat. 493.)
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# 42 U.S.C. § 9809 - Statement of purpose
## Text
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.
(Pub. L. 9735, title VI, § 620, Aug. 13, 1981, 95 Stat. 493.)
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# 42 U.S.C. § 9810 - Financial assistance to low-income families, local cooperative associations, and local public or private nonprofit organizations or entities; amount, purposes, etc.
## Text
(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 11 So in original. Probably should be “nonagricultural”. 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.
(Pub. L. 9735, title VI, § 621, Aug. 13, 1981, 95 Stat. 493.)
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# 42 U.S.C. § 9811 - Limitation on assistance
## Text
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.
(Pub. L. 9735, title VI, § 622, Aug. 13, 1981, 95 Stat. 494.)
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# 42 U.S.C. § 9812 - Development loan fund
## Text
(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,11 So in original. The comma probably should not appear. 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.
(Pub. L. 9735, title VI, § 623, Aug. 13, 1981, 95 Stat. 494; Pub. L. 101624, title XXIII, § 2303(f)(1), Nov. 28, 1990, 104 Stat. 3981.)
## Notes
Editorial Notes
References in TextChapter 106 of this title, referred to in subsec. (a), was in the original “subtitle B of this title”, meaning subtitle B (§ 671 et seq.) of title VI of Pub. L. 9735, Aug. 13, 1981, 95 Stat. 511, known as the Community Services Block Grant Act, which is classified generally to chapter 106 (§ 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. 88452, Aug. 20, 1964, 78 Stat. 508. Part A of title III of the Economic Opportunity Act of 1964 was classified generally to part A (§ 2841 et seq.) of subchapter III of chapter 34 of this title prior to repeal by Pub. L. 9735, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519. For complete classification of this Act to the Code, see Tables.
Amendments1990—Subsec. (c)(2). Pub. L. 101624 inserted “, or the Rural Development Administration” after “Farmers Home Administration”.
Statutory Notes and Related Subsidiaries
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. 99609, set out as a note under section 9822 of this title.
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# 42 U.S.C. § 9812a - Interest rates payable on certain rural development loans; assignment of loan contracts
## Text
(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.
(Pub. L. 99425, title IV, § 407(a), (b), Sept. 30, 1986, 100 Stat. 971; Pub. L. 105285, title II, § 202(c), Oct. 27, 1998, 112 Stat. 2755.)
## Notes
Editorial Notes
References in TextSection 9910 of this title, referred to in subsecs. (a) and (b)(2), was in the original a reference to section 681 of Pub. L. 9735. Section 681 of Pub. L. 9735 was omitted, and a new section 681 enacted, in the general amendment of chapter 106 of this title by Pub. L. 105285, title II, § 201, Oct. 27, 1998, 112 Stat. 2728. The new section 681 is classified to section 9922 of this title.
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.
Amendments1998—Subsec. (a). Pub. L. 105285, § 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. 105285, § 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”.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 1, 1986, see section 1001 of Pub. L. 99425, 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 CorporationPub. L. 99500, § 101(a) [title VI, § 640], Oct. 18, 1986, 100 Stat. 1783, 178335, and Pub. L. 99591, § 101(a) [title VI, § 640], Oct. 30, 1986, 100 Stat. 3341, 334135, purported to amend section 623B(b)(2) of the Community Economic Development Act of 1981, a nonexistent section of that Act (Pub. L. 9935, title VI, § 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.”
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# 42 U.S.C. § 9813 - Model Community Economic Development Finance Corporation; establishment; functions
## Text
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.
(Pub. L. 9735, title VI, § 624, Aug. 13, 1981, 95 Stat. 495.)
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# 42 U.S.C. § 9814 - Training and technical assistance
## Text
(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.
(Pub. L. 9735, title VI, § 625, Aug. 13, 1981, 95 Stat. 496.)
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# 42 U.S.C. § 9815 - Small Business Administration and Department of Commerce economic development programs; regulations
## Text
(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) 11 See References in Text note below. 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 22 So in original. Probably should be “Public”. 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.
(Pub. L. 9735, title VI, § 626, Aug. 13, 1981, 95 Stat. 496.)
## Notes
Editorial Notes
References in TextSection 681(d) of title 15, referred to in subsec. (a)(1), was repealed by Pub. L. 104208, div. D, title II, § 208(b)(3)(A), Sept. 30, 1996, 110 Stat. 3009742. The Public Works and Economic Development Act of 1965, referred to in subsec. (b)(1), is Pub. L. 89136, Aug. 26, 1965, 79 Stat. 552. Titles I to VI of the Act of 1965 were repealed and new titles I to VI were enacted by Pub. L. 105393, title I, § 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.
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# 42 U.S.C. § 9816 - Department of Housing and Urban Development programs
## Text
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 1954,11 See References in Text note below. as amended by section 401 of the Housing and Community Development Act of 1974, as shall further the purposes of this subchapter.
(Pub. L. 9735, title VI, § 627, Aug. 13, 1981, 95 Stat. 497.)
## Notes
Editorial Notes
References in TextSection 811 of the Housing and Community Development Act of 1974, referred to in text, is section 811 of Pub. L. 93383, 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. 93383, Aug. 22, 1974, 88 Stat. 633. Title I of the Housing and Community Development Act of 1974 is classified principally to chapter 69 (§ 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, which was classified to section 461 of former Title 40, Public Buildings, Property, and Works, and was repealed by Pub. L. 9735, 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. 93383, 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. 9735, and subsec. (c) of which amended section 460 of former Title 40.
Statutory Notes and Related Subsidiaries
Capacity Building for Community Development and Affordable HousingPub. L. 103120, § 4, Oct. 27, 1993, 107 Stat. 1148, as amended by Pub. L. 10518, title II, § 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.”
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# 42 U.S.C. § 9817 - Department of Agriculture; Rural Development Administration programs
## Text
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.
(Pub. L. 9735, title VI, § 628, Aug. 13, 1981, 95 Stat. 497; Pub. L. 101624, title XXIII, § 2303(f)(2), Nov. 28, 1990, 104 Stat. 3981.)
## Notes
Editorial Notes
References in TextThe Housing Act of 1949, referred to in par. (1), is act July 15, 1949, ch. 338, 63 Stat. 413, which is classified principally to chapter 8A (§ 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. 87128, Aug. 8, 1961, 75 Stat. 307, which was redesignated the Consolidated Farm and Rural Development Act by Pub. L. 92419, § 101, Aug. 30, 1972, 86 Stat. 657, and is classified principally to chapter 50 (§ 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. 92419, Aug. 30, 1972, 86 Stat. 657. For complete classification of this Act to the Code, see Short Title of 1972 Amendment note set out under section 1921 of Title 7.
Amendments1990—Pub. L. 101624 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.
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# 42 U.S.C. § 9818 - Coordination and eligibility
## Text
(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.
(Pub. L. 9735, title VI, § 629, Aug. 13, 1981, 95 Stat. 497.)
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# 42 U.S.C. § 9819 - Evaluation of programs; implementation and funding, etc.; research and demonstration projects; implementation and purposes
## Text
(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, 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.
(Pub. L. 9735, title VI, § 630, Aug. 13, 1981, 95 Stat. 497.)
## Notes
Editorial Notes
References in TextThe Community Services Block Grant Act, referred to in subsec. (a), is subtitle B (§ 671 et seq.) of title VI of Pub. L. 9735, Aug. 13, 1981, 95 Stat. 511, which is classified generally to chapter 106 (§ 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.
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# 42 U.S.C. § 9820 - Grants to plan economic development and cooperative programs
## Text
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.
(Pub. L. 9735, title VI, § 631, Aug. 13, 1981, 95 Stat. 498.)
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# 42 U.S.C. § 9821 - Nondiscrimination provisions
## Text
(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 2000d1 of this title. Section 2000d2 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.
(Pub. L. 9735, title VI, § 632, Aug. 13, 1981, 95 Stat. 498.)
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# 42 U.S.C. § 9822 - Availability of certain appropriated funds
## Text
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.
(Pub. L. 9735, title VI, § 633, Aug. 13, 1981, 95 Stat. 498.)
## Notes
Editorial Notes
References in TextThe Economic Opportunity Act of 1964, referred to in text, is Pub. L. 88452, Aug. 20, 1964, 78 Stat. 508. Title VII of the Economic Opportunity Act of 1964 was classified generally to subchapter VII (§ 2981 et seq.) of chapter 34 of this title, prior to repeal by Pub. L. 9735, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519. For complete classification of this Act to the Code, see Tables.
Codification “August 12, 1981” substituted in text for “the day before the date of the enactment of this Act”.
Statutory Notes and Related Subsidiaries
Transfer of Community Development Credit Union Revolving Loan FundPub. L. 99609, 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.”
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# 42 U.S.C. § 9833 - Financial assistance for Head Start programs
## Text
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 a period of 5 years 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.
(Pub. L. 9735, title VI, § 638, Aug. 13, 1981, 95 Stat. 499; Pub. L. 100297, title II, § 2504, Apr. 28, 1988, 102 Stat. 330; Pub. L. 103252, title I, §§ 103, 112(c), May 18, 1994, 108 Stat. 625, 641; Pub. L. 105285, title I, § 104, Oct. 27, 1998, 112 Stat. 2705; Pub. L. 110134, § 4, Dec. 12, 2007, 121 Stat. 1367.)
## Notes
Editorial Notes
Amendments2007—Pub. L. 110134 inserted “for a period of 5 years” after “provide financial assistance to such agency”. 1998—Cl. (1). Pub. L. 105285 substituted “enable the children” for “aid the children” and inserted “and attain school readiness” before the semicolon. 1994—Pub. L. 103252 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. 100297 designated existing provisions as subsec. (a) and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by Pub. L. 103252 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. 103252, set out as a note under section 9832 of this title.
Effective Date of 1988 AmendmentFor effective date and applicability of amendment by Pub. L. 100297, see section 6303 of Pub. L. 100297, set out as a note under section 1071 of Title 20, Education.
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# 42 U.S.C. § 9834 - Authorization of appropriations
## Text
There are authorized to be appropriated to carry out this subchapter (other than section 9852b of this title) $7,350,000,000 for fiscal year 2008, $7,650,000,000 for fiscal year 2009, $7,995,000,000 for fiscal year 2010, and such sums as may be necessary for each of fiscal years 2011 and 2012.
(Pub. L. 9735, title VI, § 639, Aug. 13, 1981, 95 Stat. 499; Pub. L. 98558, title I, § 102, Oct. 30, 1984, 98 Stat. 2878; Pub. L. 99425, title I, § 101, Sept. 30, 1986, 100 Stat. 966; Pub. L. 101120, § 2, Oct. 23, 1989, 103 Stat. 700; Pub. L. 101501, title I, §§ 103, 120(b), 140, Nov. 3, 1990, 104 Stat. 1224, 1236, 1242; Pub. L. 103252, title I, § 104, May 18, 1994, 108 Stat. 625; Pub. L. 105285, title I, § 105, Oct. 27, 1998, 112 Stat. 2705; Pub. L. 110134, § 5, Dec. 12, 2007, 121 Stat. 1367.)
## Notes
Editorial Notes
Amendments2007—Pub. L. 110134 amended section generally. Prior to amendment, section related to authorization of appropriations to carry out this subchapter for fiscal years 1999 through 2003 and availability of amount appropriated. 1998—Subsec. (a). Pub. L. 105285, § 105(1), substituted “1999 through 2003” for “1995 through 1998”. Subsec. (b)(1) to (3). Pub. L. 105285, § 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. 103252, § 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. 103252, § 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. 101501, § 140, added subsec. (c). Pub. L. 101501, § 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. 101501, § 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. 101120 substituted “$1,552,000,000” for “$1,405,000,000”. 1986—Pub. L. 99425 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. 98558 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”.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by Pub. L. 103252 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. 103252, set out as a note under section 9832 of this title.
Effective Date of 1990 AmendmentAmendment by Pub. L. 101501 effective Oct. 1, 1990, see section 1001(a) of Pub. L. 101501, set out as a note under section 8621 of this title.
Effective Date of 1986 AmendmentAmendment by Pub. L. 99425 effective Oct. 1, 1986, see section 1001 of Pub. L. 99425, set out as a note under section 8621 of this title.
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# 42 U.S.C. § 9835a - Repealed. Pub. L. 103252, title I, § 106, May 18, 1994, 108 Stat. 629
## Notes
Section, Pub. L. 9735, title VI, § 640A, as added Pub. L. 101501, title I, § 106, Nov. 3, 1990, 104 Stat. 1229; amended Pub. L. 102401, § 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.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal 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. 103252, set out as an Effective Date of 1994 Amendment note under section 9832 of this title.
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# 42 U.S.C. § 9837a - Head Start transition and alignment with K12 education
## Text
(a) In general 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 to promote continuity of services and effective transitions, 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 ongoing channels of communication between Head Start staff and their counterparts in the schools (including teachers, social workers, local educational agency liaisons designated under section 722(g)(1)(J)(ii) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11432(g)(1)(J)(ii)), and health staff) to facilitate coordination of programs;
(3) establishing ongoing communications between the Head Start agency and local educational agency for developing continuity of developmentally appropriate curricular objectives (which for the purpose of the Head Start program shall be aligned with the Head Start Child Outcomes Framework and, as appropriate, State early learning standards) and for shared expectations for childrens learning and development as the children transition to school;
(4) organizing and participating in joint training, including transition-related training for school staff and Head Start staff;
(5) establishing comprehensive transition policies and procedures that support children transitioning to school, including by engaging the local educational agency in the establishment of such policies;
(6) conducting outreach to parents and elementary school (such as kindergarten) teachers to discuss the educational, developmental, and other needs of individual children;
(7) helping parents of limited English proficient children understand—
(A) the instructional and other services provided by the school in which such child will enroll after participation in Head Start; and
(B) as appropriate, the information provided to parents of English learners under section 1112(e)(3) of the Elementary and Secondary Education Act of the 11 So in original. 1965 [20 U.S.C. 6312(e)(3)];
(8) developing and implementing a family outreach and support program, in cooperation with entities carrying out parent and family engagement efforts under title I of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.], and family outreach and support efforts under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11431 et seq.), taking into consideration the language needs of parents of limited English proficient children;
(9) assisting families, administrators, and teachers in enhancing educational and developmental continuity and continuity of parental involvement in activities between Head Start services and elementary school classes;
(10) linking the services provided in such Head Start program with educational services, including services relating to language, literacy, and numeracy, provided by such local educational agency;
(11) helping parents (including grandparents and kinship caregivers, as appropriate) to understand the importance of parental involvement in a childs academic success while teaching them strategies for maintaining parental involvement as their child moves from Head Start to elementary school;
(12) helping parents understand the instructional and other services provided by the school in which their child will enroll after participation in the Head Start program;
(13) developing and implementing a system to increase program participation of underserved populations of eligible children; and
(14) coordinating activities and collaborating to ensure that curricula used in the Head Start program are aligned with—
(A) the Head Start Child Outcomes Framework, as developed by the Secretary; and
(B) State early learning standards, as appropriate, with regard to cognitive, social, emotional, and physical competencies that children entering kindergarten are expected to demonstrate.
(b) Construction In this section, a reference to a Head Start agency, or its program, services, facility, or personnel, shall not be construed to be a reference to an Early Head Start agency, or its program, services, facility, or personnel.
(c) Dissemination and technical assistance The Secretary, in consultation with the Secretary of Education, shall—
(1) disseminate to Head Start agencies information on effective policies and activities relating to the transition of children from Head Start programs to public schools; and
(2) provide technical assistance to such agencies to promote and assist such agencies to adopt and implement such effective policies and activities.
(Pub. L. 9735, title VI, § 642A, as added Pub. L. 105285, title I, § 110, Oct. 27, 1998, 112 Stat. 2717; amended Pub. L. 110134, § 10, Dec. 12, 2007, 121 Stat. 1407; Pub. L. 11495, title IX, § 9215(nn)(4), Dec. 10, 2015, 129 Stat. 2177.)
## Notes
Editorial Notes
References in TextThe Elementary and Secondary Education Act of 1965, referred to in subsec. (a)(8), is Pub. L. 8910, Apr. 11, 1965, 79 Stat. 27. Title I of the Act is classified generally to subchapter I (§ 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. The McKinney-Vento Homeless Assistance Act, referred to in subsec. (a)(8), is Pub. L. 10077, July 22, 1987, 101 Stat. 482. Subtitle B of title VII of the Act is classified generally to part B (§ 11431 et seq.) of subchapter VI of chapter 119 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 11301 of this title and Tables.
Amendments2015—Subsec. (a)(7)(B). Pub. L. 11495, § 9215(nn)(4)(A), substituted “the information provided to parents of English learners under section 1112(e)(3) of the Elementary and Secondary Education Act of the 1965” for “the information provided to parents of limited English proficient children under section 3302 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7012)”. Subsec. (a)(8). Pub. L. 11495, § 9215(nn)(4)(B), substituted “parent and family engagement efforts under title I of the Elementary and Secondary Education Act of 1965” for “parental involvement efforts under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.)”. 2007—Pub. L. 110134 amended section generally. Prior to amendment, section related to requirements for Head Start agencies to coordinate with local educational agencies and schools to assist in transition from Head Start to school.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 11495 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 11495, set out as a note under section 6301 of Title 20, Education.
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# 42 U.S.C. § 9837b - Head Start collaboration; State early education and care
## Text
(a) (1) From amounts made available under section 9835(a)(2)(B)(vi) of this title, the Secretary shall award the collaboration grants described in paragraphs (2), (3), and (4).
(2) (A) The Secretary shall award, upon submission of a written request, a collaboration grant to each State and to each national administrative office serving Indian Head Start programs and migrant or seasonal Head Start programs to facilitate collaboration among Head Start agencies (including Early Head Start agencies) and entities that carry out activities designed to benefit low-income children from birth to school entry, and their families. The national administrative offices shall use the funds made available through the grants to carry out the authorities and responsibilities described in subparagraph (B) and paragraphs (3) and (4), as appropriate.
(B) Grants described in subparagraph (A) shall be used to—
(i) assist Head Start agencies to collaborate with entities involved in State and local planning processes to better meet the needs of low-income children from birth to school entry, and their families;
(ii) assist Head Start agencies to coordinate activities with the State agency responsible for administering the State program carried out under the Child Care and Development Block Grant Act of 1990 [42 U.S.C. 9857 et seq.] and entities providing resource and referral services in the State, to make full-working-day and full calendar year services available to children;
(iii) promote alignment of curricula used in Head Start programs and continuity of services with the Head Start Child Outcomes Framework and, as appropriate, State early learning standards;
(iv) promote better linkages between Head Start agencies and other child and family agencies, including agencies that provide health, mental health, or family services, or other child or family supportive services, such as services provided under section 619 or part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.); and
(v) carry out the activities of the State Director of Head Start Collaboration authorized in paragraph (4).
(3) In order to improve coordination and delivery of early childhood education and development to children in the State, a State that receives a collaboration grant under paragraph (2) shall—
(A) appoint or designate an individual to serve as, or carry out the responsibilities of, the State Director of Head Start Collaboration;
(B) ensure that the State Director of Head Start Collaboration holds a position with sufficient authority and access to ensure that the collaboration described in paragraph (2) is effective and involves a range of State agencies; and
(C) involve the State Head Start Association in the selection of the Director and involve the Association in determinations relating to the ongoing direction of the collaboration office involved.
(4) The State Director of Head Start Collaboration shall—
(A) not later than 1 year after the State receives a collaboration grant under paragraph (2), conduct an assessment that—
(i) addresses the needs of Head Start agencies in the State with respect to collaboration, coordination and alignment of services, and alignment of curricula and assessments used in Head Start programs with the Head Start Child Outcomes Framework and, as appropriate, State early learning standards;
(ii) shall be updated on an annual basis; and
(iii) shall be made available to the general public within the State;
(B) develop a strategic plan that is based on the assessment described in subparagraph (A) that will—
(i) enhance collaboration and coordination of Head Start services by Head Start agencies with other entities providing early childhood education and development (such as child care or services offered by museums), health care, mental health care, welfare, child protective services, education and community service activities, family literacy services, reading readiness programs (including such programs offered by public and school libraries), services relating to children with disabilities, other early childhood education and development for limited English proficient children and homeless children, and services provided for children in foster care and children referred to Head Start programs by child welfare agencies, including agencies and State officials responsible for services described in this clause;
(ii) assist Head Start agencies to develop a plan for the provision of full working-day, full calendar year services for children enrolled in Head Start programs who need such services;
(iii) assist Head Start agencies to align curricula and assessments used in Head Start programs with the Head Start Child Outcomes Framework and, as appropriate, State early learning standards;
(iv) enable Head Start agencies to better access professional development opportunities for Head Start staff, such as by working with Head Start agencies to enable the agencies to meet the degree requirements described in section 9843a(a)(2)(A) of this title, including providing distance learning opportunities for Head Start staff, where needed to make higher education more accessible to Head Start staff; and
(v) enable the Head Start agencies to better conduct outreach to eligible families;
(C) promote partnerships between Head Start agencies, State and local governments, and the private sector to help ensure that children from low-income families, who are in Head Start programs or are preschool age, are receiving comprehensive services to prepare the children for elementary school;
(D) consult with the chief State school officer, local educational agencies, and providers of early childhood education and development, at both the State and local levels;
(E) promote partnerships between Head Start agencies, schools, law enforcement, relevant community-based organizations, and substance abuse and mental health treatment agencies to strengthen family and community environments and to reduce the impact on child development of substance abuse, child abuse, domestic violence, and other high-risk behaviors that compromise healthy development;
(F) promote partnerships between Head Start agencies and other organizations in order to enhance Head Start program quality, including partnerships to promote inclusion of more books in Head Start classrooms;
(G) identify other resources and organizations (both public and private) for the provision of in-kind services to Head Start agencies in the State; and
(H) serve on the State Advisory Council in order to assist the efforts of Head Start agencies to engage in effective coordination and collaboration.
(b) (1) (A) The Governor of the State shall—
(i) designate or establish a council to serve as the State Advisory Council on Early Childhood Education and Care for children from birth to school entry (in this subchapter referred to as the “State Advisory Council”); and
(ii) designate an individual to coordinate activities of the State Advisory Council, as described in subparagraph (D)(i).
(B) The Governor may designate an existing entity in the State to serve as the State Advisory Council, and shall appoint representatives to the State Advisory Council at the Governors discretion. In designating an existing entity, the Governor shall take steps to ensure that its membership includes, to the extent possible, representatives consistent with subparagraph (C).
(C) Members of the State Advisory Council shall include, to the maximum extent possible—
(i) a representative of the State agency responsible for child care;
(ii) a representative of the State educational agency;
(iii) a representative of local educational agencies;
(iv) a representative of institutions of higher education in the State;
(v) a representative of local providers of early childhood education and development services;
(vi) a representative from Head Start agencies located in the State, including migrant and seasonal Head Start programs and Indian Head Start programs;
(vii) the State Director of Head Start Collaboration;
(viii) a representative of the State agency responsible for programs under section 619 or part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.);
(ix) a representative of the State agency responsible for health or mental health care; and
(x) representatives of other entities determined to be relevant by the Governor of the State.
(D) (i) The State Advisory Council shall, in addition to any responsibilities assigned to the Council by the Governor of the State—
(I) conduct a periodic statewide needs assessment concerning the quality and availability of early childhood education and development programs and services for children from birth to school entry, including an assessment of the availability of high-quality pre-kindergarten services for low-income children in the State;
(II) identify opportunities for, and barriers to, collaboration and coordination among Federally-funded and State-funded child development, child care, and early childhood education programs and services, including collaboration and coordination among State agencies responsible for administering such programs;
(III) develop recommendations for increasing the overall participation of children in existing Federal, State, and local child care and early childhood education programs, including outreach to underrepresented and special populations;
(IV) develop recommendations regarding the establishment of a unified data collection system for public early childhood education and development programs and services throughout the State;
(V) develop recommendations regarding statewide professional development and career advancement plans for early childhood educators in the State;
(VI) assess the capacity and effectiveness of 2- and 4-year public and private institutions of higher education in the State toward supporting the development of early childhood educators, including the extent to which such institutions have in place articulation agreements, professional development and career advancement plans, and practice or internships for students to spend time in a Head Start or prekindergarten program; and
(VII) make recommendations for improvements in State early learning standards and undertake efforts to develop high-quality comprehensive early learning standards, as appropriate.
(ii) The State Advisory Council shall hold public hearings and provide an opportunity for public comment on the activities described in clause (i). The State Advisory Council shall submit a statewide strategic report addressing the activities described in clause (i) to the State Director of Head Start Collaboration and the Governor of the State.
(iii) After submission of a statewide strategic report under clause (ii), the State Advisory Council shall meet periodically to review any implementation of the recommendations in such report and any changes in State and local needs.
(2) (A) The Secretary shall use the portion reserved under section 9835(a)(4)(A)(iii) of this title to award, on a competitive basis, one-time startup grants of not less than $500,000 to eligible States to enable such States to pay for the Federal share of developing and implementing a plan pursuant to the responsibilities included under paragraph (1)(D)(i). A State that receives funds under this paragraph shall use such funds to facilitate the development or enhancement of high-quality systems of early childhood education and care designed to improve school preparedness through one or more of the following activities—
(i) promoting school preparedness of children from birth through school entry, including activities to encourage families and caregivers to engage in highly interactive, developmentally and age-appropriate activities to improve childrens early social, emotional, and cognitive development, support the transition of young children to school, and foster parental and family involvement in the early education of young children;
(ii) supporting professional development, recruitment, and retention initiatives for early childhood educators;
(iii) enhancing existing early childhood education and development programs and services (in existence on the date on which the grant involved is awarded), including quality improvement activities authorized under the Child Care and Development Block Grant Act of 1990 [42 U.S.C. 9857 et seq.]; and
(iv) carrying out other activities consistent with the States plan and application, pursuant to subparagraph (B).
(B) To be eligible to receive a grant under this paragraph, a State shall prepare and submit to the Secretary a plan and application, for a 3-year period, at such time, in such manner, and containing such information as the Secretary shall require, including—
(i) the statewide strategic report described in paragraph (1)(D)(ii), including a description of the State Advisory Councils responsibilities under paragraph (1)(D)(i);
(ii) a description, for each fiscal year, of how the State will make effective use of funds available under this paragraph, with funds described in subparagraph (C), to create an early childhood education and care system, by developing or enhancing programs and activities consistent with the statewide strategic report described in paragraph (1)(D)(i);
(iii) a description of the State early learning standards and the States goals for increasing the number of children entering kindergarten ready to learn;
(iv) information identifying the agency or joint interagency office, and individual, designated to carry out the activities under this paragraph, which may be the individual designated under paragraph (1)(A)(ii); and
(v) a description of how the State plans to sustain activities under this paragraph beyond the grant period.
(C) The Federal share of the cost of activities proposed to be conducted under subparagraph (A) shall be 30 percent, and the State shall provide the non-Federal share.
(D) Funds made available under this paragraph shall be used to supplement, and not supplant, other Federal, State, and local funds expended to carry out activities related to early childhood education and care in the State.
(E) Not later than 18 months after the date a State receives a grant under this paragraph, the State shall submit an interim report to the Secretary. A State that receives a grant under this paragraph shall submit a final report to the Secretary at the end of the grant period. Each report shall include—
(i) a description of the activities and services carried out under the grant, including the outcomes of such activities and services in meeting the needs described in the periodic needs assessment and statewide strategic report;
(ii) information about how the State used such funds to meet the goals of this subsection through activities to develop or enhance high-quality systems of early childhood education and care, increase effectiveness of delivery systems and use of funds, and enhance existing programs and services;
(iii) information regarding the remaining needs described in the periodic statewide needs assessment and statewide strategic report that have not yet been addressed by the State; and
(iv) any other information that the Secretary may require.
(F) Nothing in this subsection shall be construed to provide the State Advisory Council with authority to modify, supersede, or negate the requirements of this subchapter.
(Pub. L. 9735, title VI, § 642B, as added and amended Pub. L. 110134, § 11, Dec. 12, 2007, 121 Stat. 1408.)
## Notes
Editorial Notes
References in TextThe Child Care and Development Block Grant Act of 1990, referred to in subsecs. (a)(2)(B)(ii) and (b)(2)(A)(iii), is subchapter C (§ 658A et seq.) of chapter 8 of subtitle A of title VI of Pub. L. 9735, as added by Pub. L. 101508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388236, which is classified generally to subchapter IIB (§ 9857 et seq.) of chapter 105 of this title. For complete classification of this Act to the Code, see section 9857(a) of this title and Tables. The Individuals with Disabilities Education Act, referred to in subsecs. (a)(2)(B)(iv) and (b)(1)(C)(viii), is title VI of Pub. L. 91230, Apr. 13, 1970, 84 Stat. 175. Part C of the Act is classified generally to subchapter III (§ 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.
Amendments2007—Subsec. (b). Pub. L. 110134, § 11(b), added subsec. (b).
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# 42 U.S.C. § 9838 - Submission of plans to chief executive officer
## Text
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 Secretarys 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. This section shall not apply to contracts, agreements, grants, loans, or other assistance for Indian Head Start programs or migrant or seasonal Head Start programs.
(Pub. L. 9735, title VI, § 643, Aug. 13, 1981, 95 Stat. 502; Pub. L. 101501, title I, § 110, Nov. 3, 1990, 104 Stat. 1231; Pub. L. 102401, § 2(k)(4), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 105285, title I, § 111, Oct. 27, 1998, 112 Stat. 2718; Pub. L. 110134, § 12, Dec. 12, 2007, 121 Stat. 1414.)
## Notes
Editorial Notes
Amendments2007—Pub. L. 110134 inserted at end “This section shall not apply to contracts, agreements, grants, loans, or other assistance for Indian Head Start programs or migrant or seasonal Head Start programs.” 1998—Pub. L. 105285, 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 Secretarys findings that is transmitted to such officer” before period. 1992—Pub. L. 102401 substituted “such officer” for “the such officer” in two places. 1990—Pub. L. 101501 substituted “chief executive officer” for first reference to “Governor” and “such officer” for second and third references to “Governor”.
Statutory Notes and Related Subsidiaries
Effective Date of 1992 AmendmentAmendment by Pub. L. 102401 effective Oct. 7, 1992, but not applicable with respect to fiscal years beginning before Oct. 1, 1992, see section 4 of Pub. L. 102401, set out as a note under section 9835 of this title.
Effective Date of 1990 AmendmentAmendment by Pub. L. 101501 effective Oct. 1, 1990, see section 1001(a) of Pub. L. 101501, set out as a note under section 8621 of this title.
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# 42 U.S.C. § 9839 - Administrative requirements and standards
## Text
(a) Employment practices, nonpartisanship, staff accountability, public access to information, etc. (1) Each Head Start agency shall observe standards of organization, management, and administration that will ensure, 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.
(2) Each Head Start agency shall make available to the public a report published at least once in each fiscal year that discloses the following information from the most recently concluded fiscal year, except that reporting such information shall not reveal personally identifiable information about an individual child or parent:
(A) The total amount of public and private funds received and the amount from each source.
(B) An explanation of budgetary expenditures and proposed budget for the fiscal year.
(C) The total number of children and families served, the average monthly enrollment (as a percentage of funded enrollment), and the percentage of eligible children served.
(D) The results of the most recent review by the Secretary and the financial audit.
(E) The percentage of enrolled children that received medical and dental exams.
(F) Information about parent involvement activities.
(G) The agencys efforts to prepare children for kindergarten.
(H) Any other information required by the Secretary.
(3) Each such agency shall adopt for itself and other agencies using funds or exercising authority for which it is responsible, rules designed to—
(A) establish specific standards governing salaries, salary increases, travel and per diem allowances, and other employee benefits;
(B) 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;
(C) guard against personal or financial conflicts of interest; and
(D) define employee duties in an appropriate manner that 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 that is in violation of law.
(b) Development and administrative costs of programs Except as provided in subsection (f), 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), 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 efforts by the agency to coordinate or collaborate with other providers in the community to seek assistance, including financial assistance, prior to the use of funds under this section;
(B) a description of the site of the facility proposed to be purchased or that was previously purchased;
(C) the plans and specifications of such facility;
(D) 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;
(E) 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
(F) 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 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 31413144, 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.
(Pub. L. 9735, title VI, § 644, Aug. 13, 1981, 95 Stat. 502; Pub. L. 101501, title I, §§ 111, 112, Nov. 3, 1990, 104 Stat. 1231; Pub. L. 102401, § 2(j), Oct. 7, 1992, 106 Stat. 1958; Pub. L. 103218, title IV, § 403, Mar. 9, 1994, 108 Stat. 96; Pub. L. 103252, title I, § 110, May 18, 1994, 108 Stat. 636; Pub. L. 105285, title I, § 106(e), Oct. 27, 1998, 112 Stat. 2712; Pub. L. 110134, § 13, Dec. 12, 2007, 121 Stat. 1414.)
## Notes
Editorial Notes
Codification In subsec. (g)(3), “sections 31413144, 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. 107217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.
Amendments2007—Subsec. (a). Pub. L. 110134, § 13(1), added subsec. (a) and struck out former subsec. (a) which related to employment practices, nonpartisanship, staff accountability, and public access to information. Subsec. (f)(2). Pub. L. 110134, § 13(2)(A), added subpar. (A) and redesignated former subpars. (A) to (E) as (B) to (F), respectively. Subsec. (f)(3). Pub. L. 110134, § 13(2)(B), struck out “, from the amount reserved under section 9835(a)(2)(A) of this title,” after “financial assistance”. 1998—Subsec. (f)(2). Pub. L. 105285 substituted “Financial assistance” for “Except as provided in section 9835(a)(3)(C)(v) of this title, financial assistance”. 1994—Subsec. (d). Pub. L. 103252, § 110(1), struck out “guidelines, instructions,” after “all rules, regulations,”. Subsec. (f)(1). Pub. L. 103218, § 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. 103252, § 110(2)(A), substituted “section 9835(a)(3)(C)(v)” for “section 9835(a)(3)(A)(v)”. Subsec. (f)(2)(A). Pub. L. 103218, § 403(2)(A), inserted before semicolon at end “or that was previously purchased”. Subsec. (f)(2)(C)(i). Pub. L. 103218, § 403(2)(B)(i), inserted “, or the previous purchase has resulted,” after “purchase will result”. Subsec. (f)(2)(C)(ii). Pub. L. 103218, § 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. 103218, § 403(2)(C), (D), added subpar. (D) and redesignated former subpar. (D) as (E). Subsec. (f)(3). Pub. L. 103252, § 110(2)(B), added par. (3). Subsecs. (g), (h). Pub. L. 103252, § 110(3), added subsecs. (g) and (h). 1992—Subsec. (b). Pub. L. 102401, § 2(j)(1), substituted “Except as provided in subsection (f), no” for “No”. Subsec. (c). Pub. L. 102401, § 2(j)(2), substituted “subsections (a) and (f)” for “subsection (a)”. Subsec. (f). Pub. L. 102401, § 2(j)(3), added subsec. (f). 1990—Subsec. (b). Pub. L. 101501, § 111, inserted “the required” before “non-Federal contributions”. Subsec. (e). Pub. L. 101501, § 112, added subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by Pub. L. 103252 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. 103252, set out as a note under section 9832 of this title.
Effective Date of 1992 AmendmentAmendment by Pub. L. 102401 effective Oct. 7, 1992, but not applicable with respect to fiscal years beginning before Oct. 1, 1992, see section 4 of Pub. L. 102401, set out as a note under section 9835 of this title.
Effective Date of 1990 AmendmentAmendment by Pub. L. 101501 effective Oct. 1, 1990, see section 1001(a) of Pub. L. 101501, set out as a note under section 8621 of this title.
Study of Benefits for Head Start EmployeesPub. L. 103252, title I, § 120, May 18, 1994, 108 Stat. 648, 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.”
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# 42 U.S.C. § 9840 - Participation in Head Start programs
## Text
(a) Criteria for eligibility
(a) (1) (A) 11 So in original. The “(a)” probably should not appear. The Secretary shall by regulation prescribe eligibility for the participation of persons in Head Start programs assisted under this subchapter.
(B) Except as provided in paragraph (2), such regulation shall provide—
(i) 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;
(ii) that homeless children shall be deemed to be eligible for such participation;
(iii) that programs assisted under this subchapter may include—
(I) to a reasonable extent (but not to exceed 10 percent of participants), participation of children in the area served who would benefit from such programs but who are not eligible under clause (i) or (ii); and
(II) from the area served, an additional 35 percent of participants who are not eligible under clause (i) or (ii) and whose families have incomes below 130 percent of the poverty line, if—
(aa) the Head Start agency involved establishes and implements outreach and enrollment policies and procedures that ensure such agency is meeting the needs of children eligible under clause (i) or (ii) (or subclause (I) if the child involved has a disability) prior to meeting the needs of children eligible under this subclause; and
(bb) in prioritizing the selection of children to be served, the Head Start agency establishes criteria that provide that the agency will serve children eligible under clause (i) or (ii) prior to serving the children eligible under this subclause;
(iv) that any Head Start agency serving children eligible under clause (iii)(II) shall report annually to the Secretary information on—
(I) how such agency is meeting the needs of children eligible under clause (i) or (ii), in the area served, including local demographic data on families of children eligible under clause (i) or (ii);
(II) the outreach and enrollment policies and procedures established by the agency that ensure the agency is meeting the needs of children eligible under clause (i) or (ii) (or clause (iii)(I) if the child involved has a disability) prior to meeting the needs of children eligible under clause (iii)(II);
(III) the efforts, including outreach efforts (that are appropriate to the community involved), of such agency to be fully enrolled with children eligible under clause (i) or (ii);
(IV) the policies, procedures, and selection criteria such agency is implementing to serve eligible children, consistent with clause (iii)(II);
(V) the agencys enrollment level, and enrollment level over the fiscal year prior to the fiscal year in which the report is submitted;
(VI) the number of children served by the agency, disaggregated by whether such children are eligible under clause (i), clause (ii), clause (iii)(I), or clause (iii)(II); and
(VII) the eligibility criteria category of the children on the agencys waiting list;
(v) that a child who has been determined to meet the eligibility criteria described in this subparagraph and who is participating in a Head Start program in a program year shall be considered to continue to meet the eligibility criteria through the end of the succeeding program year.
(C) In determining, for purposes of this paragraph, whether a child who has applied for enrollment in a Head Start program meets the eligibility 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) 22 See References in Text note below. 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 projects 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.
(3) (A) In this paragraph:
(i) The term “dependent” has the meaning given the term in paragraphs (2)(A) and (4)(A)(i) of section 401(a) of title 37.
(ii) The terms “member” and “uniformed services” have the meanings given the terms in paragraphs (23) and (3), respectively, of section 101 of title 37.
(B) The following amounts of pay and allowance of a member of the uniformed services shall not be considered to be income for purposes of determining the eligibility of a dependent of such member for programs funded under this subchapter:
(i) The amount of any special pay payable under section 310 or 351 of title 37, relating to duty subject to hostile fire or imminent danger.
(ii) The amount of basic allowance payable under section 403 of such title, including any such amount that is provided on behalf of the member for housing that is acquired or constructed under the alternative authority for the acquisition and improvement of military housing under subchapter IV of chapter 169 of title 10 or any other related provision of law.
(4) After demonstrating a need through a communitywide strategic planning and needs assessment, a Head Start agency may apply to the Secretary to convert part-day sessions, particularly consecutive part-day sessions, into full-working-day sessions.
(5) (A) Upon written request and pursuant to the requirements of this paragraph, a Head Start agency may use funds that were awarded under this subchapter to serve children age 3 to compulsory school age, in order to serve infants and toddlers if the agency submits an application to the Secretary containing, as specified in rules issued by the Secretary, all of the following information:
(i) The amount of such funds that are proposed to be used in accordance with section 9840a(b) of this title.
(ii) A communitywide strategic planning and needs assessment demonstrating how the use of such funds would best meet the needs of the community.
(iii) A description of how the needs of pregnant women, and of infants and toddlers, will be addressed in accordance with section 9840a(b) of this title, and with regulations prescribed by the Secretary pursuant to section 9836a of this title in areas including the agencys approach to child development and provision of health services, approach to family and community partnerships, and approach to program design and management.
(iv) A description of how the needs of eligible children will be met in the community.
(v) Assurances that the agency will participate in technical assistance activities (including planning, start-up site visits, and national training activities) in the same manner as recipients of grants under section 9840a of this title.
(vi) Evidence that the agency meets the same eligibility criteria as recipients of grants under section 9840a of this title.
(B) An application that satisfies the requirements specified in subparagraph (A) shall be approved by the Secretary unless the Secretary finds that—
(i) the agency lacks adequate capacity and capability to carry out an effective Early Head Start program; or
(ii) the information provided under subparagraph (A) is inadequate.
(C) In approving such applications, the Secretary shall take into account the costs of serving persons under section 9840a of this title.
(D) Any Head Start agency with an application approved under subparagraph (B) shall be considered to be an Early Head Start agency and shall be subject to the same rules, regulations, and conditions as apply to recipients of grants under section 9840a of this title, with respect to activities carried out under this paragraph.
(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 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); 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) Notwithstanding any other provision of this Act, an Indian tribe or tribes that operates both an Early Head Start program under section 9840a of this title and a Head Start program may, at its discretion, at any time during the grant period involved, reallocate funds between the Early Head Start program and the Head Start program in order to address fluctuations in client populations, including pregnant women and children from birth to compulsory school age. The reallocation of such funds between programs by an Indian tribe or tribes during a year shall not serve as the basis for the Secretary to reduce a base grant (as defined in section 9835(a)(7) of this title) for either program in succeeding years.
(Pub. L. 9735, title VI, § 645, Aug. 13, 1981, 95 Stat. 504; Pub. L. 98558, title I, § 105, Oct. 30, 1984, 98 Stat. 2879; Pub. L. 99425, title I, § 104, Sept. 30, 1986, 100 Stat. 966; Pub. L. 101501, title I, §§ 113, 114, Nov. 3, 1990, 104 Stat. 1231; Pub. L. 101597, title IV, § 401(e), Nov. 16, 1990, 104 Stat. 3035; Pub. L. 103252, title I, § 111, May 18, 1994, 108 Stat. 637; Pub. L. 105285, title I, § 112, Oct. 27, 1998, 112 Stat. 2718; Pub. L. 110134, § 14, Dec. 12, 2007, 121 Stat. 1415; Pub. L. 114328, div. A, title VI, § 618(j), Dec. 23, 2016, 130 Stat. 2161.)
## Notes
Editorial Notes
References in TextSection 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 (§ 254b et seq.) of part D of subchapter II of chapter 6A of this title by Pub. L. 104299, § 2, Oct. 11, 1996, 110 Stat. 3626. Sections 2 and 3(a) of Pub. L. 104299 enacted new sections 330 and 330A of act July 1, 1944, which are classified, respectively, to sections 254b and 254c of this title. This Act, referred to in subsec. (d)(3), is Pub. L. 9735, Aug. 13, 1981, 95 Stat. 499, known as the Omnibus Budget Reconciliation Act of 1981. For complete classification of this Act to the Code, see Tables.
Amendments2016—Subsec. (a)(3)(B)(i). Pub. L. 114328 inserted “or 351” after “section 310”. 2007—Subsec. (a). Pub. L. 110134, § 14(1)(A), added par. (a)(1) and struck out former par. (1) which related to criteria for eligibility for participation in Head Start programs assisted under this subchapter. Subsec. (a)(3) to (5). Pub. L. 110134, § 14(1)(B), added pars. (3) to (5). Subsec. (c). Pub. L. 110134, § 14(2), struck out “(age 3 to compulsory school attendance)” after “eligible children”. Subsec. (d)(3). Pub. L. 110134, § 14(3), added par. (3) and struck out former par. (3) which read as follows: “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.” 1998—Subsec. (a)(1). Pub. L. 105285, § 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. 105285, § 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. 105285, § 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. 105285, § 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. 103252, § 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. 103252, § 111(2), added subsec. (d). 1990—Subsec. (a)(2). Pub. L. 101501, § 113, substituted “1994” for “1990” in closing provisions. Subsec. (a)(2)(B). Pub. L. 101597 substituted “health professional shortage area” for “health manpower shortage area”. Subsec. (c). Pub. L. 101501, § 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. 99425 substituted “1990” for “1986” in closing provisions. 1984—Subsec. (a)(2). Pub. L. 98558, § 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. 98558, § 105(b), added subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by Pub. L. 103252 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. 103252, set out as a note under section 9832 of this title.
Effective Date of 1990 AmendmentAmendment by Pub. L. 101501 effective Oct. 1, 1990, see section 1001(a) of Pub. L. 101501, set out as a note under section 8621 of this title.
Effective Date of 1986 AmendmentAmendment by Pub. L. 99425 effective Oct. 1, 1986, see section 1001 of Pub. L. 99425, set out as a note under section 8621 of this title.
Selection Criteria for Indian Tribe Operating Head Start ProgramPub. L. 11847, div. D, title II, § 238, Mar. 23, 2024, 138 Stat. 681, provided that: “In this fiscal year and each fiscal year thereafter, notwithstanding the income eligibility requirements of subsections (a) and paragraphs (1) and (2) of subsection (d) of section 645 of the Head Start Act [42 U.S.C. 9840] and income eligibility criteria and allowances prescribed in regulations, an Indian tribe that operates a Head Start program may, at its discretion, establish selection criteria, including criteria to prioritize children in families for which a child, a family member, or a member of the same household, is a member of an Indian tribe, to enroll children who would benefit from the Head Start program.”
Selection Criteria for Agency Operating Migrant or Seasonal Head Start ProgramPub. L. 11847, div. D, title II, § 239, Mar. 23, 2024, 138 Stat. 681, provided that: “In this fiscal year and each fiscal year thereafter, notwithstanding the income eligibility requirements of subsection (a) of section 645 of the Head Start Act [42 U.S.C. 9840] and income eligibility criteria and allowances prescribed in regulations, an agency that operates a migrant or seasonal Head Start program may, at its discretion, establish selection criteria to enroll children who would benefit from the Head Start program, giving priority to children of migrant farmworker families: Provided, That such selection criteria shall limit that enrollment to children who have at least one family member whose income comes primarily from agricultural employment as defined in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1802).”
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# 42 U.S.C. § 9841 - Appeals, notice, hearing, and mediation; alternative agency for Indian tribe
## Text
(a) Notice requirements; suspension or termination of assistance stayed pending hearing; mediation The Secretary shall prescribe—
(1) procedures to assure that 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) procedures to assure that 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) procedures to assure that financial assistance under this subchapter may be terminated or reduced, and an application for refunding may be denied, after the recipient has been afforded reasonable notice and opportunity for a full and fair hearing, including—
(A) a right to file a notice of appeal of a decision not later than 30 days after notice of the decision from the Secretary; and
(B) access to a full and fair hearing of the appeal, not later than 120 days after receipt by the Secretary of the notice of appeal;
(4) procedures (including mediation procedures) are developed and published, to be used in order to—
(A) resolve in a timely manner conflicts potentially leading to an adverse action between—
(i) recipients of financial assistance under this subchapter; and
(ii) delegate agencies, or policy councils of Head Start agencies;
(B) avoid the need for an administrative hearing on an adverse action; and
(C) prohibit a Head Start agency from expending financial assistance awarded under this subchapter for the purpose of paying legal fees, or other costs incurred, pursuant to an appeal under paragraph (3);
(5) procedures to assure that the Secretary may suspend financial assistance to a recipient under this subchapter—
(A) except as provided in subparagraph (B), for not more than 30 days; or
(B) in the case of a recipient under this subchapter that has multiple and recurring deficiencies for 180 days or more and has not made substantial and significant progress toward meeting the goals of the grantees quality improvement plan or eliminating all deficiencies identified by the Secretary, during the hearing of an appeal described in paragraph (3), for any amount of time; and
(6) procedures to assure that in cases where a Head Start agency prevails in a decision under paragraph (4), the Secretary may determine and provide a reimbursement to the Head Start agency for fees deemed reasonable and customary.
(b) Notification of conflict by Head Start agency to regional office In prescribing procedures for the mediation described in subsection (a)(4), the Secretary shall specify—
(1) the date by which a Head Start agency engaged in a conflict described in subsection (a)(4) 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).
(Pub. L. 9735, title VI, § 646, Aug. 13, 1981, 95 Stat. 504; Pub. L. 101501, title I, § 115, Nov. 3, 1990, 104 Stat. 1232; Pub. L. 103252, title I, § 113, May 18, 1994, 108 Stat. 641; Pub. L. 110134, § 16, Dec. 12, 2007, 121 Stat. 1421.)
## Notes
Editorial Notes
Amendments2007—Subsec. (a). Pub. L. 110134, § 16(1), struck out “procedures to assure that” after “prescribe” in introductory provisions. Subsec. (a)(1), (2). Pub. L. 110134, § 16(2), inserted “procedures to assure that” after the par. designation. Subsec. (a)(3) to (6). Pub. L. 110134, § 16(3), added pars. (3) to (6) and struck out former pars. (3) and (4) which read as follows: “(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.” 1994—Subsec. (a)(4). Pub. L. 103252, § 113(a), added par. (4). Subsecs. (b) to (e). Pub. L. 103252, § 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. 101501, § 115(1), (2), designated existing provisions as subsec. (a) and inserted “or reduced” after “terminated” in par. (3). Subsec. (b). Pub. L. 101501, § 115(3), added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by Pub. L. 103252 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. 103252, set out as a note under section 9832 of this title.
Effective Date of 1990 AmendmentAmendment by section 115(1), (2) of Pub. L. 101501 effective Oct. 1, 1990, and amendment by section 115(3) of Pub. L. 101501 effective Apr. 1, 1990, see section 1001(a), (b)(2) of Pub. L. 101501, set out as a note under section 8621 of this title.
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# 42 U.S.C. § 9842 - Records and audits
## Text
(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.
(c) Each recipient of financial assistance under this subchapter shall—
(1) maintain, and annually submit to the Secretary, a complete accounting of the recipients administrative expenses (including a detailed statement identifying the amount of financial assistance provided under this subchapter used to pay expenses for salaries and compensation and the amount (if any) of other funds used to pay such expenses);
(2) not later than 30 days after the date of completion of an audit conducted in the manner and to the extent provided in chapter 75 of title 31 (commonly known as the “Single Audit Act of 1984”), submit to the Secretary a copy of the audit management letter and of any audit findings as they relate to the Head Start program; and
(3) provide such additional documentation as the Secretary may require.
(Pub. L. 9735, title VI, § 647, Aug. 13, 1981, 95 Stat. 505; Pub. L. 110134, § 17, Dec. 12, 2007, 121 Stat. 1422.)
## Notes
Editorial Notes
Amendments2007—Subsec. (c). Pub. L. 110134 added subsec. (c).
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# 42 U.S.C. § 9843a - Staff qualifications and development
## Text
(a) Classroom teachers (1) Professional requirements The Secretary shall ensure that each Head Start classroom in a center-based program is assigned 1 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, phonemic, and print awareness, their understanding and use of language, their understanding and use of increasingly complex and varied vocabulary, their appreciation of books, their understanding of early math and early science, their problem-solving abilities, and their approaches to learning;
(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) Head Start teachers The Secretary shall ensure that not later than September 30, 2013, at least 50 percent of Head Start teachers nationwide in center-based programs have—
(i) a baccalaureate or advanced degree in early childhood education; or
(ii) a baccalaureate or advanced degree and coursework equivalent to a major relating to early childhood education, with experience teaching preschool-age children.
(B) Additional staff The Secretary shall ensure that, not later than September 30, 2013, all—
(i) Head Start education coordinators, including those that serve as curriculum specialists, nationwide in center-based programs—
(I) have the capacity to offer assistance to other teachers in the implementation and adaptation of curricula to the group and individual needs of children in a Head Start classroom; and
(II) have—
(aa) a baccalaureate or advanced degree in early childhood education; or
(bb) a baccalaureate or advanced degree and coursework equivalent to a major relating to early childhood education, with experience teaching preschool-age children; and
(ii) Head Start teaching assistants nationwide in center-based programs have—
(I) at least a child development associate credential;
(II) enrolled in a program leading to an associate or baccalaureate degree; or
(III) enrolled in a child development associate credential program to be completed within 2 years.
(C) Progress (i) Implementation The Secretary shall—
(I) require Head Start agencies to—
(aa) describe continuing progress each year toward achieving the goals described in subparagraphs (A) and (B); and
(bb) annually submit to the Secretary a report indicating the number and percentage of classroom personnel described in subparagraphs (A) and (B) in center-based programs with child development associate credentials or associate, baccalaureate, or advanced degrees;
(II) compile and submit a summary of all program reports described in subclause (I)(bb) to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate; and
(III) not impose any penalties or sanctions on any individual Head Start agency, program, or staff in the monitoring of local agencies and programs under this subchapter not meeting the requirements of subparagraph (A) or (B).
(D) Construction In this paragraph a reference to a Head Start agency, or its program, services, facility, or personnel, shall not be considered to be a reference to an Early Head Start agency, or its program, services, facility, or personnel.
(3) Alternative credentialing and degree requirements The Secretary shall ensure that, for center-based programs, each Head Start classroom that does not have a teacher who meets the qualifications described in clause (i) or (ii) of paragraph (2)(A) is assigned one teacher who has the following during the period specified:
(A) Through September 30, 2011—
(i) a child development associate credential that is appropriate to the age of children being served in center-based programs;
(ii) a State-awarded certificate for preschool teachers that meets or exceeds the requirements for a child development associate credential;
(iii) an associate degree in early childhood education;
(iv) an associate degree in a related field and coursework equivalent to a major relating to early childhood education, with experience teaching preschool-age children; or
(v) a baccalaureate degree and has been admitted into the Teach For America program, passed a rigorous early childhood content exam, such as the Praxis II, participated in a Teach For America summer training institute that includes teaching preschool children, and is receiving ongoing professional development and support from Teach For Americas professional staff.
(B) As of October 1, 2011—
(i) an associate degree in early childhood education;
(ii) an associate degree in a related field and coursework equivalent to a major relating to early childhood education, with experience teaching preschool-age children; or
(iii) a baccalaureate degree and has been admitted into the Teach For America program, passed a rigorous early childhood content exam, such as the Praxis II, participated in a Teach For America summer training institute that includes teaching preschool children, and is receiving ongoing professional development and support from Teach For Americas professional staff.
(4) Waiver On request, the Secretary shall grant—
(A) through September 30, 2011, a 180-day waiver ending on or before September 30, 2011, of the requirements of paragraph (3)(A) for a Head Start agency that can demonstrate that the agency has attempted unsuccessfully to recruit an individual who has the qualifications described in any of clauses (i) through (iv) of paragraph (3)(A) with respect to an individual who—
(i) is enrolled in a program that grants a credential, certificate, or degree described in clauses (i) through (iv) of paragraph (3)(A); 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; and
(B) as of October 1, 2011, a 3-year waiver of the requirements of paragraph (3)(B) for a Head Start agency that can demonstrate that—
(i) the agency has attempted unsuccessfully to recruit an individual who has the qualifications described in clause (i) or (ii) of such paragraph, with respect to an individual who is enrolled in a program that grants a degree described in clause (i) or (ii) of such paragraph and will receive such degree in a reasonable time; and
(ii) each Head Start classroom has a teacher who has, at a minimum—
(I) a child development associate credential that is appropriate to the age of children being served in center-based programs; or
(II) a State-awarded certificate for preschool teachers that meets or exceeds the requirements for a child development associate credential.
(5) Teacher in-service requirement Each Head Start teacher shall attend not less than 15 clock hours of professional development per year. Such professional development shall be high-quality, sustained, intensive, and classroom-focused in order to have a positive and lasting impact on classroom instruction and the teachers performance in the classroom, and regularly evaluated by the program for effectiveness.
(6) Service requirements The Secretary shall establish requirements to ensure that, in order to enable Head Start agencies to comply with the requirements of paragraph (2)(A), individuals who receive financial assistance under this subchapter to pursue a degree described in paragraph (2)(A) shall—
(A) teach or work in a Head Start program for a minimum of 3 years after receiving the degree; or
(B) repay the total or a prorated amount of the financial assistance received based on the length of service completed after receiving the degree.
(7) Use of funds The Secretary shall require that any Federal funds provided directly or indirectly to comply with paragraph (2)(A) shall be used toward degrees awarded by an institution of higher education, as defined by section 1001 or 1002 of title 20.
(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 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) review, and as necessary, revise or develop maximum caseload requirements, as suggested by best practices;
(3) 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;
(4) promote the establishment of a credential that indicates attainment of the competencies and that is accepted nationwide; and
(5) promote the use of appropriate strategies to meet the needs of special populations (including populations of limited English proficient children).
(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 (including a center) 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 made available under section 9835(a)(2)(E) 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.
(f) Professional development plans Each Head Start agency and program shall create, in consultation with an employee, a professional development plan for all full-time Head Start employees who provide direct services to children and shall ensure that such plans are regularly evaluated for their impact on teacher and staff effectiveness. The agency and the employee shall implement the plan to the extent feasible and practicable.
(g) Staff recruitment and selection procedures Before a Head Start agency employs an individual, such agency shall—
(1) conduct an interview of such individual;
(2) verify the personal and employment references provided by such individual; and
(3) obtain—
(A) a State, tribal, or Federal criminal record check covering all jurisdictions where the grantee provides Head Start services to children;
(B) a State, tribal, or Federal criminal record check as required by the law of the jurisdiction where the grantee provides Head Start services; or
(C) a criminal record check as otherwise required by Federal law.
(Pub. L. 9735, title VI, § 648A, as added Pub. L. 103252, title I, § 115, May 18, 1994, 108 Stat. 643; amended Pub. L. 105285, title I, § 115, Oct. 27, 1998, 112 Stat. 2722; Pub. L. 110134, § 19, Dec. 12, 2007, 121 Stat. 1430.)
## Notes
Editorial Notes
Amendments2007—Subsec. (a). Pub. L. 110134, § 19(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) related to qualification and development requirements for Head Start teachers in center-based programs and gave Secretary limited authority to waive alternative credentialing requirements. Subsec. (c). Pub. L. 110134, § 19(2), amended subsec. (c) generally. Prior to amendment, text of subsec. (c) read as follows: “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.” Subsec. (d)(3)(C). Pub. L. 110134, § 19(3)(A), inserted “(including a center)” after “agency”. Subsec. (d)(6). Pub. L. 110134, § 19(3)(B), substituted “amounts made available under section 9835(a)(2)(E) of this title” for “amounts appropriated under this subchapter and allotted under section 9835(a)(2)(D) of this title”. Subsecs. (f), (g). Pub. L. 110134, § 19(4), added subsecs. (f) and (g). 1998—Subsec. (a). Pub. L. 105285, § 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. 105285, § 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.
Statutory Notes and Related Subsidiaries
Change of Name Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Effective DateSection 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. 103252, set out as an Effective Date of 1994 Amendment note under section 9832 of this title.
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# 42 U.S.C. § 9845 - Repealed. Pub. L. 103252, title I, § 117, May 18, 1994, 108 Stat. 648
## Notes
Section, Pub. L. 9735, title VI, § 650, Aug. 13, 1981, 95 Stat. 505; Pub. L. 101501, title I, § 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.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal 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. 103252, set out as an Effective Date of 1994 Amendment note under section 9832 of this title.
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# 42 U.S.C. § 9846 - Reports
## Text
(a) Status of children At least once during every 2-year period, the Secretary shall prepare and submit, to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate, a report concerning the status of children (including children with disabilities, limited English proficient children, homeless children, children in foster care, and children participating in Indian Head Start programs and migrant or seasonal Head Start programs) 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, and information on the number of children served under this subsection, disaggregated by type of eligibility criterion;
(3) a statement identifying how funds made available under section 9835(a) 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, homelessness, whether the child is in foster care or was referred by a child welfare agency, 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, vision 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 Alaska Natives, and to children of migrant and seasonal farmworker families.
Promptly after submitting such report to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions 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 Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions 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 Alaska Native Head Start agencies) and Native Hawaiian Head Start agencies.
(c) Fiscal protocol (1) In general The Secretary shall conduct an annual review to assess whether the design and implementation of the triennial reviews described in section 9836a(c) of this title include compliance procedures that provide reasonable assurances that Head Start agencies are complying with applicable fiscal laws and regulations.
(2) Report Not later than 30 days after the date the Secretary completes the annual review under paragraph (1), the Secretary shall report the findings and conclusions of the annual review to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate.
(d) Disability-related services (1) In general The Secretary shall track the provision of disability-related services for children, in order to—
(A) determine whether Head Start agencies are making timely referrals to the State or local agency responsible for providing services under section 619 or part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.);
(B) identify barriers to timely evaluations and eligibility determinations by the State or local agency responsible for providing services under section 619 or part C of the Individuals with Disabilities Education Act; and
(C) determine under what circumstances and for what length of time Head Start agencies are providing disability-related services for children who have not been determined under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.) to be children with disabilities.
(2) Report Not later than 1 year after December 12, 2007, the Secretary shall provide a report to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate on the activities described in paragraph (1).
(e) Evaluation and recommendations regarding obesity prevention Not later than 1 year after December 12, 2007, the Secretary shall submit to the Committee on Education and Labor of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate a report on the Secretarys progress in assisting program efforts to prevent and reduce obesity in children who participate in Head Start programs, including progress on implementing initiatives within the Head Start program to prevent and reduce obesity in such children.
(Pub. L. 9735, title VI, § 650, formerly § 651, Aug. 13, 1981, 95 Stat. 506; Pub. L. 98558, title I, § 108, Oct. 30, 1984, 98 Stat. 2880; Pub. L. 101501, title I, §§ 118, 119, Nov. 3, 1990, 104 Stat. 1234; Pub. L. 102401, § 2(k)(5), Oct. 7, 1992, 106 Stat. 1959; renumbered § 650 and amended Pub. L. 103252, title I, § 118, May 18, 1994, 108 Stat. 648; Pub. L. 105285, title I, § 117, Oct. 27, 1998, 112 Stat. 2727; Pub. L. 110134, § 21, Dec. 12, 2007, 121 Stat. 1441.)
## Notes
Editorial Notes
References in TextThe Social Security Act, referred to in subsec. (a)(8), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part A of title IV of the Act is classified generally to part A (§ 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 Individuals with Disabilities Education Act, referred to in subsec. (d)(1), is title VI of Pub. L. 91230, Apr. 13, 1970, 84 Stat. 175, which is classified generally to chapter 33 (§ 1400 et seq.) of Title 20, Education. Part C of the Act is classified generally to subchapter III (§ 1431 et seq.) of chapter 33 of Title 20. 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.
Amendments2007—Subsec. (a). Pub. L. 110134, § 21(1)(A), (G), substituted, in introductory provisions, “Education and Labor” for “Education and the Workforce”, “Health, Education, Labor, and Pensions” for “Labor and Human Resources”, and “(including children with disabilities, limited English proficient children, homeless children, children in foster care, and children participating in Indian Head Start programs and migrant or seasonal Head Start programs)” for “(including disabled and non-English language background children)” and, in concluding provisions, “Education and Labor” for “Education and the Workforce” and “Health, Education, Labor, and Pensions” for “Labor and Human Resources”. Subsec. (a)(2). Pub. L. 110134, § 21(1)(B), inserted “, and information on the number of children served under this subsection, disaggregated by type of eligibility criterion” before semicolon at end. Subsec. (a)(3). Pub. L. 110134, § 21(1)(C), substituted “funds made available under section 9835(a) of this title” for “funds expended under section 9835(a)(2) of this title, and funds allotted under section 9835(a)(3) of this title,”. Subsec. (a)(8). Pub. L. 110134, § 21(1)(D), inserted “homelessness, whether the child is in foster care or was referred by a child welfare agency,” after “background,”. Subsec. (a)(12). Pub. L. 110134, § 21(1)(E), inserted “vision care,” after “dental care,”. Subsec. (a)(14). Pub. L. 110134, § 21(1)(F), substituted “Alaska Natives” for “Alaskan Natives” and “seasonal farmworker families” for “seasonal farmworkers”. Subsec. (b). Pub. L. 110134, § 21(2), substituted “Education and Labor” for “Education and the Workforce”, “Health, Education, Labor, and Pensions” for “Labor and Human Resources”, and “Alaska Native” for “Native Alaskan”. Subsecs. (c) to (e). Pub. L. 110134, § 21(3), added subsecs. (c) to (e). 1998—Pub. L. 105285 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. 103252, § 118(a)(1), substituted “Reports” for “Evaluation” in section catchline. Subsecs. (a) to (f). Pub. L. 103252, § 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. 103252, § 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. 102401 struck out “(1)” before “At least” at beginning of subsec. and substituted “physical” for “physicial” in par. (12). 1990—Subsec. (c)(2). Pub. L. 101501, § 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. 101501, § 119, added subsec. (g). 1984—Subsec. (b). Pub. L. 98558 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.
Statutory Notes and Related Subsidiaries
Change of Name Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Effective Date of 1994 AmendmentAmendment by Pub. L. 103252 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. 103252, set out as a note under section 9832 of this title.
Effective Date of 1992 AmendmentAmendment by Pub. L. 102401 effective Oct. 7, 1992, but not applicable with respect to fiscal years beginning before Oct. 1, 1992, see section 4 of Pub. L. 102401, set out as a note under section 9835 of this title.
Effective Date of 1990 AmendmentAmendment by Pub. L. 101501 effective Oct. 1, 1990, see section 1001(a) of Pub. L. 101501, set out as a note under section 8621 of this title.
Termination of Reporting RequirementsFor 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. 1037 (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. 10466, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
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# 42 U.S.C. § 9848 - Comparability of wages
## Text
(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 persons 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. 9735, title VI, § 653, Aug. 13, 1981, 95 Stat. 507; Pub. L. 101501, title I, § 122, Nov. 3, 1990, 104 Stat. 1237; Pub. L. 110134, § 22, Dec. 12, 2007, 121 Stat. 1442.)
## Notes
Editorial Notes
Amendments2007—Pub. L. 110134 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1990—Pub. L. 101501 inserted at end “The Secretary shall encourage Head Start agencies to provide compensation according to salary scales that are based on training and experience.”
Statutory Notes and Related Subsidiaries
Effective Date of 1990 AmendmentAmendment by Pub. L. 101501 effective Oct. 1, 1990, see section 1001(a) of Pub. L. 101501, set out as a note under section 8621 of this title.
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# 42 U.S.C. § 9849 - Nondiscrimination provisions
## Text
(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 2000d1 of this title. Section 2000d2 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.
(Pub. L. 9735, title VI, § 654, Aug. 13, 1981, 95 Stat. 507.)
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# 42 U.S.C. § 9850 - Limitation with respect to certain unlawful activities
## Text
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. 9735, title VI, § 655, Aug. 13, 1981, 95 Stat. 507; Pub. L. 110134, § 23, Dec. 12, 2007, 121 Stat. 1443.)
## Notes
Editorial Notes
Amendments2007—Pub. L. 110134 inserted “or in” after “assigned by”.
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# 42 U.S.C. § 9851 - Political activities
## Text
(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. 9735, title VI, § 656, Aug. 13, 1981, 95 Stat. 508; Pub. L. 110134, § 24, Dec. 12, 2007, 121 Stat. 1443.)
## Notes
Editorial Notes
Amendments2007—Subsec. (a). Pub. L. 110134, § 24(1), inserted heading. Subsec. (b). Pub. L. 110134, § 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.”
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# 42 U.S.C. § 9852 - Advance funding
## Text
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.
(Pub. L. 9735, title VI, § 657, Aug. 13, 1981, 95 Stat. 508.)
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# 42 U.S.C. § 9852a - Parental consent requirement for nonemergency intrusive physical examinations
## Text
(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. 9735, title VI, § 657A, as added Pub. L. 110134, § 25, Dec. 12, 2007, 121 Stat. 1443.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 9852a, Pub. L. 9735, title VI, § 657A, as added Pub. L. 103252, 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. 105285, title I, § 118, Oct. 27, 1998, 112 Stat. 2727.
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# 42 U.S.C. § 9852b - Centers of Excellence in Early Childhood
## Text
(a) Definition In this section, the term “center of excellence” means a Center of Excellence in Early Childhood designated under subsection (b).
(b) Designation and bonus grants The Secretary shall, subject to the availability of funds under this section, establish a program under which the Secretary shall—
(1) designate not more than 200 exemplary Head Start agencies (including Early Head Start agencies, Indian Head Start agencies, and migrant and seasonal Head Start agencies) as Centers of Excellence in Early Childhood; and
(2) make bonus grants to the centers of excellence to carry out the activities described in subsection (d).
(c) Application and designation (1) Application (A) Nomination and submission (i) In general To be eligible to receive a designation as a center of excellence under subsection (b), except as provided in clause (ii), a Head Start agency in a State shall be nominated by the Governor of the State, after selection for nomination by such Governor through a competitive process, and shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
(ii) Indian and migrant and seasonal Head Start programs In the case of an Indian Head Start agency or a migrant or seasonal Head Start agency, to be eligible to receive a designation as a center of excellence under subsection (b), such an agency shall be nominated by the head of the appropriate regional office of the Department of Health and Human Services and shall submit an application to the Secretary in accordance with clause (i).
(B) Contents At a minimum, the application shall include—
(i) evidence that the Head Start program carried out by the agency involved has significantly improved the school readiness of children who have participated in the program;
(ii) evidence that the program meets or exceeds standards described in section 9836a(a)(1) of this title, as evidenced by the results of monitoring reviews described in section 9836a(c) of this title, and has no findings of deficiencies in the preceding 3 years;
(iii) evidence that the program is making progress toward meeting the requirements described in section 9843a of this title;
(iv) an assurance that the Head Start agency will develop a collaborative partnership with the State (or a State agency) and other providers of early childhood education and development programs and services in the local community involved to conduct activities under subsection (d);
(v) a nomination letter from the Governor, or appropriate regional office, demonstrating the agencys ability to provide the coordination, transition, and training services of the program to be carried out under the bonus grant involved, including coordination of activities with State and local agencies that provide early childhood education and development to children and families in the community served by the agency, and carry out the activities described under subsection (d)(1); and
(vi) a description of how the center involved, in order to expand accessibility and continuity of quality early childhood education and development services and programs, will coordinate activities, as appropriate, assisted under this section with—
(I) programs carried out under subchapter IIB;
(II) the Early Head Start programs carried out under section 9840a of this title;
(III) preschool programs carried out under title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6301 et seq.);
(IV) programs carried out under section 619 and part C of the Individuals with Disabilities Education Act (20 U.S.C. 1419, 1431 et seq.);
(V) State prekindergarten programs; and
(VI) other programs of early childhood education and development.
(2) Selection In selecting agencies to designate as centers of excellence under subsection (b), the Secretary shall designate not less than 1 from each of the 50 States, the District of Columbia, an Indian Head Start program, a migrant or seasonal Head Start program, and the Commonwealth of Puerto Rico.
(3) Priority In making bonus grant determinations under this section, the Secretary shall give priority to agencies that, through their applications, demonstrate that their programs are of exceptional quality and would serve as exemplary models for programs in the same geographic region. The Secretary may also consider the populations served by the applicants, such as agencies that serve large proportions of families of limited English proficient children or other underserved populations, and may make bonus grants to agencies that do an exceptional job meeting the needs of children in such populations.
(4) Term of designation (A) In general Subject to subparagraph (B), the Secretary shall designate a Head Start agency as a center of excellence for a 5-year term. During the period of that designation, subject to the availability of appropriations, the agency shall be eligible to receive a bonus grant under subsection (b).
(B) Revocation The Secretary may revoke an agencys designation under subsection (b) if the Secretary determines that the agency is not demonstrating adequate performance or has had findings of deficiencies described in paragraph (1)(B)(ii).
(5) Amount of bonus grant The Secretary shall base the amount of funding provided through a bonus grant made under subsection (b) to a center of excellence on the number of children eligible for Head Start services in the community involved. The Secretary shall, subject to the availability of funding, make such a bonus grant in an amount of not less than $200,000 per year.
(d) Use of funds A center of excellence that receives a bonus grant under subsection (b)—
(1) shall use not less than 15 percent of the funds made available through the bonus grant to disseminate to other Head Start agencies in the State involved, best practices for achieving early academic success, including—
(A) best practices for achieving school readiness, including developing early literacy and mathematics skills, for children at risk for school difficulties;
(B) best practices for achieving the acquisition of the English language for limited English proficient children, if appropriate to the population served; and
(C) best practices for providing high-quality comprehensive services for eligible children and their families;
(2) may use the funds made available through the bonus grant—
(A) to provide Head Start services to additional eligible children;
(B) to better meet the needs of working families in the community served by the center by serving more children in existing Early Head Start programs (existing as of the date the center is designated under this section) or in full-working-day, full calendar year Head Start programs;
(C) to further coordinate early childhood education and development programs and services and social services available in the community served by the center for at-risk children (birth through age 8), their families, and pregnant women;
(D) to provide professional development for Head Start teachers and staff, including joint training for Head Start teachers and staff, child care providers, public and private preschool and elementary school teachers, and other providers of early childhood education and development programs;
(E) to provide effective transitions between Head Start programs and elementary schools and to facilitate ongoing communication between Head Start and elementary school teachers concerning children receiving Head Start services to improve the teachers ability to work effectively with low-income, at-risk children and their families;
(F) to develop or maintain partnerships with institutions of higher education and nonprofit organizations, including community-based organizations, that recruit, train, place, and support college students to serve as mentors and reading partners to preschool children in Head Start programs; and
(G) to carry out other activities determined by the center to improve the overall quality of the Head Start program carried out by the agency and the program carried out under the bonus grant involved.
(e) Research and reports (1) Research The Secretary shall, subject to the availability of funds to carry out this subsection, award a grant or contract to an independent organization to conduct research on the ability of the centers of excellence to use the funds received under this section to improve the school readiness of children receiving Head Start services, and to positively impact school results in the earliest grades. The organization shall also conduct research to measure the success of the centers of excellence at encouraging the centers delegate agencies, additional Head Start agencies, and other providers of early childhood education and development programs in the communities involved to meet measurable improvement goals, particularly in the area of school readiness.
(2) Research report Not later than 48 months after December 12, 2007, the organization shall prepare and submit to the Secretary and Congress a report containing the results of the research described in paragraph (1).
(3) Reports to the Secretary Each center of excellence shall submit an annual report to the Secretary, at such time and in such manner as the Secretary may require, that contains a description of the activities the center carried out with funds received under this section, including a description of how such funds improved services for children and families.
(f) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary for each of fiscal years 2008 through 2012 to make bonus grants to centers of excellence under subsection (b) to carry out activities described in subsection (d) and research and report activities described in subsection (e).
(Pub. L. 9735, title VI, § 657B, as added Pub. L. 110134, § 26, Dec. 12, 2007, 121 Stat. 1444; amended Pub. L. 11495, title IX, § 9215(nn)(6), Dec. 10, 2015, 129 Stat. 2177.)
## Notes
Editorial Notes
References in TextThe Elementary and Secondary Education Act of 1965, referred to in subsec. (c)(1)(B)(vi)(III), is Pub. L. 8910, Apr. 11, 1965, 79 Stat. 27. Title I of the Act is classified generally to subchapter I (§ 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. The Individuals with Disabilities Education Act, referred to in subsec. (c)(1)(B)(vi)(IV), is title VI of Pub. L. 91230, Apr. 13, 1970, 84 Stat. 175. Part C of the Act is classified generally to subchapter III (§ 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.
Amendments2015—Subsec. (c)(1)(B)(vi)(III) to (VII). Pub. L. 11495 redesignated subcls. (IV) to (VII) as (III) to (VI), respectively, in subcl. (III) as redesignated, struck out “other” before “preschool programs” and substituted “the Elementary and Secondary Education Act of 1965” for “that Act”, and struck out former subcl. (III) which read as follows: “Early Reading First and Even Start programs carried out under subparts 2 and 3 of part B of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6371 et seq., 6381 et seq.);”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 11495 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 11495, set out as a note under section 6301 of Title 20, Education.
@@ -0,0 +1,39 @@
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# 42 U.S.C. § 9852c - General provisions
## Text
(a) Limitation Nothing in this subchapter shall be construed to authorize or permit the Secretary or any employee or contractor of the Department of Health and Human Services to mandate, direct, or control, the selection of a curriculum, a program of instruction, or instructional materials, for a Head Start program.
(b) Special rule Nothing in this subchapter shall be construed to authorize a Head Start program or a local educational agency to require the other to select or implement a specific curriculum or program of instruction.
(c) Definition In this subchapter, the term “health”, when used to refer to services or care provided to enrolled children, their parents, or their siblings, shall be interpreted to refer to both physical and mental health.
(Pub. L. 9735, title VI, § 657C, as added Pub. L. 110134, § 27, Dec. 12, 2007, 121 Stat. 1448.)
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# 42 U.S.C. § 9855 to 9855g - Repealed. Pub. L. 105285, title I, § 119, Oct. 27, 1998, 112 Stat. 2728
## Notes
Section 9855, Pub. L. 101501, title I, § 132, Nov. 3, 1990, 104 Stat. 1238; Pub. L. 103382, title III, § 391(v)(1), Oct. 20, 1994, 108 Stat. 4025, defined terms used in this subchapter.
Section 9855a, Pub. L. 101501, title I, § 133, Nov. 3, 1990, 104 Stat. 1238; Pub. L. 103252, title I, § 125(a), May 18, 1994, 108 Stat. 650, related to Head Start transition grants.
Section 9855b, Pub. L. 101501, title I, § 134, Nov. 3, 1990, 104 Stat. 1238; Pub. L. 103382, title III, § 391(v)(2), (3), Oct. 20, 1994, 108 Stat. 4025, related to eligibility for Head Start transition grants.
Section 9855c, Pub. L. 101501, title I, § 135, Nov. 3, 1990, 104 Stat. 1239; Pub. L. 103382, title III, § 391(v)(4), Oct. 20, 1994, 108 Stat. 4025, related to requirements for awarding Head Start transition grants.
Section 9855d, Pub. L. 101501, title I, § 136, Nov. 3, 1990, 104 Stat. 1239; Pub. L. 102119, § 26(d), Oct. 7, 1991, 105 Stat. 607; Pub. L. 103382, title III, § 391(v)(5)(7), Oct. 20, 1994, 108 Stat. 4025, related to applications for Head Start transition grants.
Section 9855e, Pub. L. 101501, title I, § 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. 101501, title I, § 138, Nov. 3, 1990, 104 Stat. 1242, related to payments and Federal share of payments under Head Start transition project.
Section 9855g, Pub. L. 101501, title I, § 139, Nov. 3, 1990, 104 Stat. 1242, related to coordination with programs established under the Follow Through Act.
@@ -0,0 +1,59 @@
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# 42 U.S.C. § 9857 - Short title and purposes
## Text
(a) Short title This subchapter may be cited as the “Child Care and Development Block Grant Act of 1990”.
(b) Purposes The purposes 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 that State;
(2) to promote parental choice to empower working parents to make their own decisions regarding the child care services that best suit their familys needs;
(3) to encourage States to provide consumer education information to help parents make informed choices about child care services and to promote involvement by parents and family members in the development of their children in child care settings;
(4) to assist States in delivering high-quality, coordinated early childhood care and education services to maximize parents options and support parents trying to achieve independence from public assistance;
(5) to assist States in improving the overall quality of child care services and programs by implementing the health, safety, licensing, training, and oversight standards established in this subchapter and in State law (including State regulations);
(6) to improve child care and development of participating children; and
(7) to increase the number and percentage of low-income children in high-quality child care settings.
(Pub. L. 9735, title VI, § 658A, as added Pub. L. 101508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388236; amended Pub. L. 102401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036; Pub. L. 104193, title VI, § 602, Aug. 22, 1996, 110 Stat. 2279; Pub. L. 113186, § 2, Nov. 19, 2014, 128 Stat. 1971.)
## Notes
Editorial Notes
Codification Subsection (a) of this section was formerly set out as a note under section 9801 of this title. Subsection (b) of this section was formerly set out as a note under section 9858 of this title.
Amendments2014—Pub. L. 113186 amended section generally. Prior to amendment, text read as follows: “(a) Short Title.—This subchapter may be cited as the Child Care and Development Block Grant Act of 1990. “(b) Goals.—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 familys 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.” 1996—Pub. L. 104193 inserted “and goals” after “title” in section catchline, designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1992—Pub. L. 102401 and Pub. L. 102586 made identical technical corrections to directory language of Pub. L. 101508, § 5082(2), which added this section.
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# 42 U.S.C. § 9858a - Establishment of block grant program
## Text
The Secretary is authorized to make grants to States in accordance with the provisions of this subchapter.
(Pub. L. 9735, title VI, § 658C, as added Pub. L. 101508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388236; amended Pub. L. 102401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036.)
## Notes
Editorial Notes
Amendments1992—Pub. L. 102401 and Pub. L. 102586 made identical technical corrections to directory language of Pub. L. 101508, § 5082(2), which added this section.
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# 42 U.S.C. § 9858b - Lead agency
## Text
(a) Designation The Governor of a State desiring to receive a grant under this subchapter shall designate an agency (which may be an appropriate collaborative agency), or establish a joint interagency office, that complies with the requirements of subsection (b) to serve as the lead agency for the State under this subchapter.
(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;
(D) coordinate the provision of services under this subchapter with other Federal, State and local child care and early childhood development programs; and
(E) at the option of an Indian tribe or tribal organization in the State, collaborate and coordinate with such Indian tribe or tribal organization in the development of the State plan in a timely manner.
(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.
(Pub. L. 9735, title VI, § 658D, as added Pub. L. 101508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388236; amended Pub. L. 102401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036; Pub. L. 104193, title VI, § 604, Aug. 22, 1996, 110 Stat. 2281; Pub. L. 113186, § 4, Nov. 19, 2014, 128 Stat. 1972.)
## Notes
Editorial Notes
Amendments2014—Subsec. (a). Pub. L. 113186, § 4(a), substituted “Governor” for “chief executive officer” and “designate an agency (which may be an appropriate collaborative agency), or establish a joint interagency office, that complies with the requirements of subsection (b) to serve as the lead agency for the State under this subchapter” for “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”. Subsec. (b)(1)(E). Pub. L. 113186, § 4(b), added subpar. (E). 1996—Subsec. (b)(1)(A). Pub. L. 104193, § 604(1)(A), substituted “governmental or nongovernmental agencies” for “State agencies”. Subsec. (b)(1)(C). Pub. L. 104193, § 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. 104193, § 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. 102401 and Pub. L. 102586 made identical technical corrections to directory language of Pub. L. 101508, § 5082(2), which added this section.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentAmendment by Pub. L. 104193 effective Oct. 1, 1996, see section 615 of Pub. L. 104193, set out as a note under section 9858 of this title
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# 42 U.S.C. § 9858d - Limitations on State allotments
## Text
(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. 9735, title VI, § 658F, as added Pub. L. 101508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388240; amended Pub. L. 102401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036; Pub. L. 104193, title VI, § 606, Aug. 22, 1996, 110 Stat. 2283; Pub. L. 113186, § 5(c), Nov. 19, 2014, 128 Stat. 1987.)
## Notes
Editorial Notes
Amendments2014—Subsec. (b)(2). Pub. L. 113186 substituted “section 9858c(c)(2)(I)” for “section 9858c(c)(2)(F)”. 1996—Subsec. (b)(1). Pub. L. 104193 substituted “Except as provided for in section 9858m(c)(6) of this title, no funds” for “No funds”. 1992—Pub. L. 102401 and Pub. L. 102586 made identical technical corrections to directory language of Pub. L. 101508, § 5082(2), which added this section.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentAmendment by Pub. L. 104193 effective Oct. 1, 1996, see section 615 of Pub. L. 104193, set out as a note under section 9858 of this title.
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# 42 U.S.C. § 9858e - Activities to improve the quality of child care
## Text
(a) Reservation (1) Reservation for activities relating to the quality of child care services A State that receives funds to carry out this subchapter for a fiscal year referred to in paragraph (2) shall reserve and use a portion of such funds, in accordance with paragraph (2), for activities provided directly, or through grants or contracts with local child care resource and referral organizations or other appropriate entities, that are designed to improve the quality of child care services and increase parental options for, and access to, high-quality child care, and is in alignment with a Statewide assessment of the States needs to carry out such services and care, provided in accordance with this subchapter.
(2) Amount of reservations Such State shall reserve and use—
(A) to carry out the activities described in paragraph (1), not less than—
(i) 7 percent of the funds described in paragraph (1), for the first and second full fiscal years after November 19, 2014;
(ii) 8 percent of such funds for the third and fourth full fiscal years after November 19, 2014; and
(iii) 9 percent of such funds for the fifth and each succeeding full fiscal year after November 19, 2014; and
(B) in addition to the funds reserved under subparagraph (A), 3 percent of the funds described in paragraph (1) received not later than the second full fiscal year after November 19, 2014, and received for each succeeding full fiscal year, to carry out the activities described in paragraph (1) and subsection (b)(4), as such activities relate to the quality of care for infants and toddlers.
(3) State reservation amount Nothing in this subsection shall preclude the State from reserving a larger percentage of funds to carry out the activities described in paragraph (1) and subsection (b).
(b) Activities Funds reserved under subsection (a) shall be used to carry out no fewer than one of the following activities that will improve the quality of child care services provided in the State:
(1) Supporting the training and professional development of the child care workforce through activities such as those included under section 9858c(c)(2)(G) of this title, in addition to—
(A) offering training and professional development opportunities for child care providers that relate to the use of scientifically-based, developmentally-appropriate and age-appropriate strategies to promote the social, emotional, physical, and cognitive development of children, including those related to nutrition and physical activity, and offering specialized training for child care providers caring for those populations prioritized in section 9858c(c)(2)(Q) of this title, and children with disabilities;
(B) incorporating the effective use of data to guide program improvement;
(C) including effective behavior management strategies and training, including positive behavior interventions and support models, that promote positive social and emotional development and reduce challenging behaviors, including reducing expulsions of preschool-aged children for such behaviors;
(E) 11 So in original. No subpar. (D) has been enacted. providing training and outreach on engaging parents and families in culturally and linguistically appropriate ways to expand their knowledge, skills, and capacity to become meaningful partners in supporting their childrens positive development;
(F) providing training corresponding to the nutritional and physical activity needs of children to promote healthy development;
(G) providing training or professional development for child care providers regarding the early neurological development of children; and
(H) connecting child care staff members of child care providers with available Federal and State financial aid, or other resources, that would assist child care staff members in pursuing relevant postsecondary training.
(2) Improving upon the development or implementation of the early learning and developmental guidelines described in section 9858c(c)(2)(T) of this title by providing technical assistance to eligible child care providers that enhances the cognitive, physical, social and emotional development, including early childhood development, of participating preschool and school-aged children and supports their overall well-being.
(3) Developing, implementing, or enhancing a tiered quality rating system for child care providers and services, which may—
(A) support and assess the quality of child care providers in the State;
(B) build on State licensing standards and other State regulatory standards for such providers;
(C) be designed to improve the quality of different types of child care providers and services;
(D) describe the safety of child care facilities;
(E) build the capacity of State early childhood programs and communities to promote parents and families understanding of the States early childhood system and the ratings of the programs in which the child is enrolled;
(F) provide, to the maximum extent practicable, financial incentives and other supports designed to expand the full diversity of child care options and help child care providers improve the quality of services; and
(G) accommodate a variety of distinctive approaches to early childhood education and care, including but not limited to, those practiced in faith-based settings, community-based settings, child-centered settings, or similar settings that offer a distinctive approach to early childhood development.
(4) Improving the supply and quality of child care programs and services for infants and toddlers through activities, which may include—
(A) establishing or expanding high-quality community or neighborhood-based family and child development centers, which may serve as resources to child care providers in order to improve the quality of early childhood services provided to infants and toddlers from low-income families and to help eligible child care providers improve their capacity to offer high-quality, age-appropriate care to infants and toddlers from low-income families;
(B) establishing or expanding the operation of community or neighborhood-based family child care networks;
(C) promoting and expanding child care providers ability to provide developmentally appropriate services for infants and toddlers through training and professional development; coaching and technical assistance on this age groups unique needs from statewide networks of qualified infant-toddler specialists; and improved coordination with early intervention specialists who provide services for infants and toddlers with disabilities under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.);
(D) if applicable, developing infant and toddler components within the States quality rating system described in paragraph (3) for child care providers for infants and toddlers, or the development of infant and toddler components in a States child care licensing regulations or early learning and development guidelines;
(E) improving the ability of parents to access transparent and easy to understand consumer information about high-quality infant and toddler care; and
(F) carrying out other activities determined by the State to improve the quality of infant and toddler care provided in the State, and for which there is evidence that the activities will lead to improved infant and toddler health and safety, infant and toddler cognitive and physical development, or infant and toddler well-being, including providing health and safety training (including training in safe sleep practices, first aid, and cardiopulmonary resuscitation) for providers and caregivers.
(5) Establishing or expanding a statewide system of child care resource and referral services.
(6) Facilitating compliance with State requirements for inspection, monitoring, training, and health and safety, and with State licensing standards.
(7) Evaluating and assessing the quality and effectiveness of child care programs and services offered in the State, including evaluating how such programs positively impact children.
(8) Supporting child care providers in the voluntary pursuit of accreditation by a national accrediting body with demonstrated, valid, and reliable program standards of high quality.
(9) Supporting State or local efforts to develop or adopt high-quality program standards relating to health, mental health, nutrition, physical activity, and physical development.
(10) Carrying out other activities determined by the State to improve the quality of child care services provided in the State, and for which measurement of outcomes relating to improved provider preparedness, child safety, child well-being, or entry to kindergarten is possible.
(c) Certification Beginning with fiscal year 2016, at the beginning of each fiscal year, the State shall annually submit to the Secretary a certification containing an assurance that the State was in compliance with subsection (a) during the preceding fiscal year and a description of how the State used funds received under this subchapter to comply with subsection (a) during that preceding fiscal year.
(d) Reporting requirements Each State receiving funds under this subchapter shall prepare and submit an annual report to the Secretary, which shall include information about—
(1) the amount of funds that are reserved under subsection (a);
(2) the activities carried out under this section; and
(3) the measures that the State will use to evaluate the States progress in improving the quality of child care programs and services in the State.
(e) Technical assistance The Secretary shall offer technical assistance, in accordance with section 9858g(a)(3) of this title, which may include technical assistance through the use of grants or cooperative agreements, to States for the activities described in subsection (b) at the request of the State.
(f) Construction Nothing in this section shall be construed as providing the Secretary the authority to regulate, direct, dictate, or place conditions (outside of what is required by this subchapter) on a State adopting specific State child care quality activities or progress in implementing those activities.
(Pub. L. 9735, title VI, § 658G, as added Pub. L. 101508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388241; amended Pub. L. 102401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036; Pub. L. 104193, title VI, § 607, Aug. 22, 1996, 110 Stat. 2283; Pub. L. 113186, § 6, Nov. 19, 2014, 128 Stat. 1987.)
## Notes
Editorial Notes
References in TextThe Individuals with Disabilities Education Act, referred to in subsec. (b)(4)(C), is title VI of Pub. L. 91230, Apr. 13, 1970, 84 Stat. 175. Part C of the Act is classified generally to subchapter III (§ 1431 et seq.) of chapter 33 of Title 20, Education. For complete classification of this Act to the Code, see section 1400 of Title 20 and Tables.
Amendments2014—Pub. L. 113186 amended section generally. Prior to amendment, text read as follows: “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).” 1996—Pub. L. 104193 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. 102401 and Pub. L. 102586 made identical technical corrections to directory language of Pub. L. 101508, § 5082(2), which added this section.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentAmendment by Pub. L. 104193 effective Oct. 1, 1996, see section 615 of Pub. L. 104193, set out as a note under section 9858 of this title.
@@ -0,0 +1,167 @@
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# 42 U.S.C. § 9858f - Criminal background checks
## Text
(a) In general A State that receives funds to carry out this subchapter shall have in effect—
(1) requirements, policies, and procedures to require and conduct criminal background checks for child care staff members (including prospective child care staff members) of child care providers described in subsection (c)(1); and
(2) licensing, regulation, and registration requirements, as applicable, that prohibit the employment of child care staff members as described in subsection (c).
(b) Requirements A criminal background check for a child care staff member under subsection (a) shall include—
(1) a search of the State criminal and sex offender registry or repository in the State where the child care staff member resides, and each State where such staff member resided during the preceding 5 years;
(2) a search of State-based child abuse and neglect registries and databases in the State where the child care staff member resides, and each State where such staff member resided during the preceding 5 years;
(3) a search of the National Crime Information Center;
(4) a Federal Bureau of Investigation fingerprint check using the Integrated Automated Fingerprint Identification System; and
(5) a search of the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.).11 See References in Text note below.
(c) Prohibitions (1) Child care staff members A child care staff member shall be ineligible for employment by a child care provider that is receiving assistance under this subchapter if such individual—
(A) refuses to consent to the criminal background check described in subsection (b);
(B) knowingly makes a materially false statement in connection with such criminal background check;
(C) is registered, or is required to be registered, on a State sex offender registry or repository or the National Sex Offender Registry established under the Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. 16901 et seq.); 1 or
(D) has been convicted of a felony consisting of—
(i) murder, as described in section 1111 of title 18;
(ii) child abuse or neglect;
(iii) a crime against children, including child pornography;
(iv) spousal abuse;
(v) a crime involving rape or sexual assault;
(vi) kidnapping;
(vii) arson;
(viii) physical assault or battery; or
(ix) subject to subsection (e)(4), a drug-related offense committed during the preceding 5 years; or
(E) has been convicted of a violent misdemeanor committed as an adult against a child, including the following crimes: child abuse, child endangerment, sexual assault, or of a misdemeanor involving child pornography.
(2) Child care providers A child care provider described in subsection (i)(1) shall be ineligible for assistance provided in accordance with this subchapter if the provider employs a staff member who is ineligible for employment under paragraph (1).
(d) Submission of requests for background checks (1) In general A child care provider covered by subsection (c) shall submit a request, to the appropriate State agency designated by a State, for a criminal background check described in subsection (b), for each child care staff member (including prospective child care staff members) of the provider.
(2) Staff members Subject to paragraph (4), in the case of an individual who became a child care staff member before November 19, 2014, the provider shall submit such a request—
(A) prior to the last day described in subsection (j)(1); and
(B) not less often than once during each 5-year period following the first submission date under this paragraph for that staff member.
(3) Prospective staff members Subject to paragraph (4), in the case of an individual who is a prospective child care staff member on or after November 19, 2014, the provider shall submit such a request—
(A) prior to the date the individual becomes a child care staff member of the provider; and
(B) not less than once during each 5-year period following the first submission date under this paragraph for that staff member.
(4) Background check for another child care provider A child care provider shall not be required to submit a request under paragraph (2) or (3) for a child care staff member if—
(A) the staff member received a background check described in subsection (b)—
(i) within 5 years before the latest date on which such a submission may be made; and
(ii) while employed by or seeking employment by another child care provider within the State;
(B) the State provided to the first provider a qualifying background check result, consistent with this subchapter, for the staff member; and
(C) the staff member is employed by a child care provider within the State, or has been separated from employment from a child care provider within the State for a period of not more than 180 consecutive days.
(e) Background check results and appeals (1) Background check results The State shall carry out the request of a child care provider for a criminal background check as expeditiously as possible, but not to exceed 45 days after the date on which such request was submitted, and shall provide the results of the criminal background check to such provider and to the current or prospective staff member.
(2) Privacy (A) In general The State shall provide the results of the criminal background check to the provider in a statement that indicates whether a child care staff member (including a prospective child care staff member) is eligible or ineligible for employment described in subsection (c), without revealing any disqualifying crime or other related information regarding the individual.
(B) Ineligible staff member If the child care staff member is ineligible for such employment due to the background check, the State will, when providing the results of the background check, include information related to each disqualifying crime, in a report to the staff member or prospective staff member.
(C) Public release of results No State shall publicly release or share the results of individual background checks, except States may release aggregated data by crime as listed under subsection (c)(1)(D) from background check results, as long as such data is not personally identifiable information.
(3) Appeals (A) In general The State shall provide for a process by which a child care staff member (including a prospective child care staff member) may appeal the results of a criminal background check conducted under this section to challenge the accuracy or completeness of the information contained in such members criminal background report.
(B) Appeals process The State shall ensure that—
(i) each child care staff member shall be given notice of the opportunity to appeal;
(ii) a child care staff member will receive instructions about how to complete the appeals process if the child care staff member wishes to challenge the accuracy or completeness of the information contained in such members criminal background report; and
(iii) the appeals process is completed in a timely manner for each child care staff member.
(4) Review The State may allow for a review process through which the State may determine that a child care staff member (including a prospective child care staff member) disqualified for a crime specified in subsection (c)(1)(D)(ix) is eligible for employment described in subsection (c)(1), notwithstanding subsection (c). The review process shall be consistent with title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.).
(5) No private right of action Nothing in this section shall be construed to create a private right of action if a provider has acted in accordance with this section.
(f) Fees for background checks Fees that a State may charge for the costs of processing applications and administering a criminal background check as required by this section shall not exceed the actual costs to the State for the processing and administration.
(g) Transparency The State must ensure that the policies and procedures under this section are published on the Web site (or otherwise publicly available venue in the absence of a Web site) of the State and the Web sites of local lead agencies.
(h) Construction (1) Disqualification for other crimes Nothing in this section shall be construed to prevent a State from disqualifying individuals as child care staff members based on their conviction for crimes not specifically listed in this section that bear upon the fitness of an individual to provide care for and have responsibility for the safety and well-being of children.
(2) Rights and remedies Nothing in this section shall be construed to alter or otherwise affect the rights and remedies provided for child care staff members residing in a State that disqualifies individuals as child care staff members for crimes not specifically provided for under this section.
(i) Definitions In this section—
(1) the term “child care provider” means a center-based child care provider, a family child care provider, or another provider of child care services for compensation and on a regular basis that—
(A) is not an individual who is related to all children for whom child care services are provided; and
(B) is licensed, regulated, or registered under State law or receives assistance provided under this subchapter; and
(2) the term “child care staff member” means an individual (other than an individual who is related to all children for whom child care services are provided)—
(A) who is employed by a child care provider for compensation; or
(B) whose activities involve the care or supervision of children for a child care provider or unsupervised access to children who are cared for or supervised by a child care provider.
(j) Effective date (1) In general A State that receives funds under this subchapter shall meet the requirements of this section for the provision of criminal background checks for child care staff members described in subsection (d)(1) not later than the last day of the second full fiscal year after November 19, 2014.
(2) Extension The Secretary may grant a State an extension of time, of not more than 1 fiscal year, to meet the requirements of this section if the State demonstrates a good faith effort to comply with the requirements of this section.
(3) Penalty for noncompliance Except as provided in paragraphs (1) and (2), for any fiscal year that a State fails to comply substantially with the requirements of this section, the Secretary shall withhold 5 percent of the funds that would otherwise be allocated to that State in accordance with this subchapter for the following fiscal year.
(Pub. L. 9735, title VI, § 658H, as added Pub. L. 113186, § 7, Nov. 19, 2014, 128 Stat. 1990.)
## Notes
Editorial Notes
References in TextThe Adam Walsh Child Protection and Safety Act of 2006, referred to in subsecs. (b)(5) and (c)(1)(C), is Pub. L. 109248, July 27, 2006, 120 Stat. 587, which was classified principally to chapter 151 (§ 16901 et seq.) of this title, prior to editorial reclassification and renumbering as chapter 209 (§ 20901 et seq.) of Title 34, Crime Control and Law Enforcement. For complete classification of this Act to the Code, see Short Title of 2006 Act note set out under section 10101 of Title 34 and Tables. The Civil Rights Act of 1964, referred to in subsec. (e)(4), is Pub. L. 88352, July 2, 1964, 78 Stat. 241. Title VII of the Act is classified generally to subchapter VI (§ 2000e et seq.) of chapter 21 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of this title and Tables.
Prior ProvisionsA prior section 9858f, Pub. L. 9735, title VI, § 658H, as added Pub. L. 101508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388241; amended Pub. L. 102401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036, related to early childhood development and before- and after-school services, prior to repeal by Pub. L. 104193, title VI, § 608, Aug. 22, 1996, 110 Stat. 2284.
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# 42 U.S.C. § 9858g - Administration and enforcement
## Text
(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;
(3) provide technical assistance, such as business technical assistance, as described in section 9858c(c)(2)(V) of this title, to States (which may include providing assistance on a reimbursable basis) which shall be provided by qualified experts on practices grounded in scientifically valid research, where appropriate, to carry out this subchapter;
(4) disseminate, for voluntary informational purposes, information on practices that scientifically valid research indicates are most successful in improving the quality of programs that receive assistance with this subchapter; and
(5) after consultation with the heads of any other Federal agencies involved, issue guidance and disseminate information on best practices regarding the use of funding combined by States as described in section 9858c(c)(2)(O)(ii) of this title, consistent with laws other than this subchapter.
(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.
(c) Request for relief (1) In general The Secretary may waive for a period of not more than three years any provision under this subchapter or sanctions imposed upon a State in accordance with subsection (b)(2) upon the States request for such a waiver if the Secretary finds that—
(A) the request describes one or more conflicting or duplicative requirements preventing the effective delivery of child care services to justify a waiver, extraordinary circumstances, such as natural disaster or financial crisis, or an extended period of time for a State legislature to enact legislation to implement the provisions of this subchapter;
(B) such circumstances included in the request prevent the State from complying with any statutory or regulatory requirements of this subchapter;
(C) the waiver will, by itself, contribute to or enhance the States ability to carry out the purposes of this subchapter; and,11 So in original. The comma probably should not appear.
(D) the waiver will not contribute to inconsistency with the objectives of this law.
(2) Contents Such request shall be provided to the Secretary in writing and will—
(A) detail each sanction or provision within this subchapter that the State seeks relief from;
(B) describe how a waiver from that sanction or provision of this subchapter will, by itself, improve delivery of child care services for children in the State; and
(C) certify that the health, safety, and well-being of children served through assistance received under this subchapter will not be compromised as a result of the waiver.
(3) Approval Within 90 days after the receipt of a States request under this subsection, the Secretary shall inform the State of approval or disapproval of the request. If the plan is disapproved, the Secretary shall, at this time, inform the State, the Committee on Education and the Workforce of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate of the reasons for the disapproval and give the State the opportunity to amend the request. In the case of approval, the Secretary shall, within 30 days of granting such waiver, notify and submit a report to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate on the circumstances of the waiver including each specific sanction or provision waived, the reason as given by the State of the need for a waiver, and the expected impact of the waiver on children served under this program.
(4) External conditions The Secretary shall not require or impose any new or additional requirements in exchange for receipt of a waiver if such requirements are not specified in this subchapter.
(5) Duration The Secretary may approve a request under this subsection for a period not to exceed three years, unless a renewal is granted under paragraph (7).
(6) Termination The Secretary shall terminate approval of a request for a waiver authorized under this subsection if the Secretary determines, after notice and opportunity for a hearing, that the performance of a State granted relief under this subsection has been inadequate, or if such relief is no longer necessary to achieve its original purposes.
(7) Renewal The Secretary may approve or disapprove a request from a State for renewal of an existing waiver under this subchapter for a period no longer than one year. A State seeking to renew their waiver approval must inform the Secretary of this intent no later than 30 days prior to the expiration date of the waiver. The State shall re-certify in its extension request the provisions in paragraph (2) of this subchapter, and shall also explain the need for additional time of relief from such sanction(s) or provisions approved under this law as provided in this subchapter.
(8) Restrictions Nothing in this subchapter shall be construed as providing the Secretary the authority to permit States to alter the eligibility requirements for eligible children, including work requirements, job training, or educational program participation, that apply to the parents of eligible children under this subchapter. Nothing in this subsection shall be construed to allow the Secretary to waive anything related to his or her authority under this subchapter.
(Pub. L. 9735, title VI, § 658I, as added Pub. L. 101508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388242; amended Pub. L. 102401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036; Pub. L. 104193, title VI, § 609, Aug. 22, 1996, 110 Stat. 2284; Pub. L. 113186, § 8(a), (b), Nov. 19, 2014, 128 Stat. 1994, 1995.)
## Notes
Editorial Notes
Amendments2014—Subsec. (a)(2). Pub. L. 113186, § 8(a)(1), inserted a comma after “publish” and struck out “and” at end. Subsec. (a)(3). Pub. L. 113186, § 8(a)(2), added par. (3) and struck out former par. (3) which read as follows: “provide technical assistance to assist States to carry out this subchapter, including assistance on a reimbursable basis.” Subsec. (a)(4), (5). Pub. L. 113186, § 8(a)(3), added pars. (4) and (5). Subsec. (c). Pub. L. 113186, § 8(b), added subsec. (c). 1996—Subsec. (b)(1). Pub. L. 104193, § 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. 104193, § 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. 102401 and Pub. L. 102586 made identical technical corrections to directory language of Pub. L. 101508, § 5082(2), which added this section.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentAmendment by Pub. L. 104193 effective Oct. 1, 1996, see section 615 of Pub. L. 104193, set out as a note under section 9858 of this title.
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# 42 U.S.C. § 9858h - Payments
## Text
(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. 9735, title VI, § 658J, as added Pub. L. 101508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388243; amended Pub. L. 10227, title III, § 310, Apr. 10, 1991, 105 Stat. 153; Pub. L. 102401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102586, § 8(a), (c)(1), Nov. 4, 1992, 106 Stat. 5035, 5036; Pub. L. 103171, § 8, Dec. 2, 1993, 107 Stat. 1994; Pub. L. 104193, title VI, § 610, Aug. 22, 1996, 110 Stat. 2284.)
## Notes
Editorial Notes
Amendments1996—Subsec. (c). Pub. L. 104193 substituted “obligated” for “expended” and “succeeding fiscal year” for “succeeding 3 fiscal years”. 1993—Subsec. (c). Pub. L. 103171 made technical correction to directory language of Pub. L. 102586, § 8(a). See 1992 Amendment note below. 1992—Pub. L. 102401 and Pub. L. 102586, § 8(c)(1), made identical technical corrections to directory language of Pub. L. 101508, § 5082(2), which added this section. Subsec. (c). Pub. L. 102586, § 8(a), as amended by Pub. L. 103171, substituted “expended” for “obligated” and “succeeding 3 fiscal years” for “succeeding fiscal year”. 1991—Subsec. (c). Pub. L. 10227 substituted “obligated” for “expended”.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentAmendment by Pub. L. 104193 effective Oct. 1, 1996, see section 615 of Pub. L. 104193, set out as a note under section 9858 of this title.
Effective Date of 1992 AmendmentPub. L. 102586, § 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.”
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# 42 U.S.C. § 9858i - Reports and audits
## Text
(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 11 So in original. Probably should be followed by a comma. 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 and Nutrition Act of 2008 [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;
(x) the average hours per month of such care; and
(xi) whether the children receiving assistance under this subchapter are homeless children;
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.
(E) Prohibition Reports submitted to the Secretary under subparagraph (C) shall not contain personally identifiable information.
(2) Annual reports Not later than 1 year after November 19, 2014, and annually thereafter,,22 So in original. 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(6) 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; and
(F) the number of child fatalities occurring among children while in the care and facility of child care providers receiving assistance under this subchapter, listed by type of child care provider and indicating whether the providers (excluding child care providers described in section 9858n(6)(B) of this title) are licensed or license-exempt.33 So in original. The period probably should be a semicolon.
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.
(Pub. L. 9735, title VI, § 658K, as added Pub. L. 101508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388243; amended Pub. L. 102401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036; Pub. L. 104193, title VI, § 611, Aug. 22, 1996, 110 Stat. 2284; Pub. L. 10533, title V, § 5602(2), Aug. 5, 1997, 111 Stat. 646; Pub. L. 110234, title IV, § 4002(b)(1)(B), (2)(FF), May 22, 2008, 122 Stat. 1096, 1098; Pub. L. 110246, § 4(a), title IV, § 4002(b)(1)(B), (2)(FF), June 18, 2008, 122 Stat. 1664, 1857, 1859; Pub. L. 113186, § 8(c), (e), Nov. 19, 2014, 128 Stat. 1996, 1998.)
## Notes
Editorial Notes
References in TextThe Social Security Act, referred to in subsec. (a)(1)(B)(v)(II)(aa), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Part A of title IV of the Act is classified generally to part A (§ 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 and Nutrition Act of 2008, referred to in subsec. (a)(1)(B)(v)(IV), is Pub. L. 88525, Aug. 31, 1964, 78 Stat. 703, which is classified generally to chapter 51 (§ 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.
Codification Pub. L. 110234 and Pub. L. 110246 made identical amendments to this section. The amendments by Pub. L. 110234 were repealed by section 4(a) of Pub. L. 110246.
Amendments2014—Subsec. (a)(1)(B)(xi). Pub. L. 113186, § 8(c)(1), which directed amendment of par. (1)(B) by adding cl. (xi) “at the end”, was executed by adding cl. (xi) after cl. (x), to reflect the probable intent of Congress and the presence of concluding provisions in par. (1)(B). Subsec. (a)(1)(E). Pub. L. 113186, § 8(e), added subpar. (E). Subsec. (a)(2). Pub. L. 113186, § 8(c)(2)(A), substituted “1 year after November 19, 2014, and annually thereafter,” for “December 31, 1997, and every 12 months thereafter” in introductory provisions. Subsec. (a)(2)(A). Pub. L. 113186, § 8(c)(2)(B), substituted “section 9858n(6)” for “section 9858n(5)”. Subsec. (a)(2)(E). Pub. L. 113186, § 8(c)(2)(C), which directed substitution of “; and” for period at end, was executed by making the substitution for semicolon at end, to reflect the probable intent of Congress. Subsec. (a)(2)(F). Pub. L. 113186, § 8(c)(2)(D), which directed amendment of par. (2) by adding subpar. (F) “at the end”, was executed by adding subpar. (F) after subpar. (E), to reflect the probable intent of Congress and the presence of concluding provisions in par. (2). 2008—Subsec. (a)(1)(B)(v)(IV). Pub. L. 110246, § 4002(b)(1)(B), (2)(FF), substituted “Food and Nutrition Act of 2008” for “Food Stamp Act of 1977”. 1997—Subsec. (a)(1)(B)(iv). Pub. L. 10533, § 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. 10533, § 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. 10533, § 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. 10533, § 5602(2)(A)(i)(III), substituted “month” for “week”. Subsec. (a)(1)(D). Pub. L. 10533, § 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. 10533, § 5602(2)(B), substituted “Annual” for “Biannual” in heading and “12” for “6” in introductory provisions of text. 1996—Pub. L. 104193, § 611(1), substituted “Reports” for “Annual report” in section catchline. Subsec. (a). Pub. L. 104193, § 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. 104193, § 611(2)[(3)](A), substituted “an application approved” for “a application approved”. Subsec. (b)(2). Pub. L. 104193, § 611(2)[(3)](B), substituted “the State that receives” for “any agency administering activities that receive”. Subsec. (b)(4). Pub. L. 104193, § 611(2)[(3)](C), substituted “entitled under this subchapter” for “entitles under this subchapter”. 1992—Pub. L. 102401 and Pub. L. 102586 made identical technical corrections to directory language of Pub. L. 101508, § 5082(2), which added this section.
Statutory Notes and Related Subsidiaries
Effective Date of 2008 AmendmentAmendment of this section and repeal of Pub. L. 110234 by Pub. L. 110246 effective May 22, 2008, the date of enactment of Pub. L. 110234, except as otherwise provided, see section 4 of Pub. L. 110246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. Amendment by section 4002(b)(1)(B), (2)(FF) of Pub. L. 110246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110246, set out as a note under section 1161 of Title 2, The Congress.
Effective Date of 1997 AmendmentAmendment by Pub. L. 10533 effective as if included in the enactment of title VI of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104193, see section 5603 of Pub. L. 10533, set out as a note under section 618 of this title.
Effective Date of 1996 AmendmentAmendment by Pub. L. 104193 effective Oct. 1, 1996, see section 615 of Pub. L. 104193, set out as a note under section 9858 of this title.
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# 42 U.S.C. § 9858j - Reports, hotline, and Web site
## Text
(a) Report by Secretary Not later than July 31, 2016, and biennially thereafter, the Secretary shall prepare and submit to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions 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. Such report shall contain a determination around whether each State that uses amounts provided under this subchapter has complied with the priority for services described in sections 9858c(c)(2)(Q) and 9858c(c)(3)(B) of this title.
(b) National toll-free hotline and Web site (1) In general The Secretary shall operate, directly or through the use of grants or contracts, a national toll-free hotline and Web site, to—
(A) develop and disseminate publicly available child care consumer education information for parents and help parents access safe and quality child care services in their community, with a range of price options, that best suits 11 So in original. Probably should be “suit”. their familys needs; and
(B) to allow persons to report (anonymously if desired) suspected child abuse or neglect, or violations of health and safety requirements, by an eligible child care provider that receives assistance under this subchapter or a member of the providers staff.
(2) Requirements The Secretary shall ensure that the hotline and Web site meet the following requirements:
(A) Referral to local child care providers The Web site shall be hosted by “childcare.gov”. The Web site shall enable a child care consumer to enter a zip code and obtain a referral to local child care providers described in subparagraph (B) within a specified search radius.
(B) Information The Web site shall provide to consumers, directly or through linkages to State databases, at a minimum—
(i) a localized list of all eligible child care providers, differentiating between licensed and license-exempt providers;
(ii) any provider-specific information from a Quality Rating and Improvement System or information about other quality indicators, to the extent the information is publicly available and to the extent practicable;
(iii) any other provider-specific information about compliance with licensing, and health and safety requirements to the extent the information is publicly available and to the extent practicable;
(iv) referrals to local resource and referral organizations from which consumers can find more information about child care providers; and
(v) State information about child care subsidy programs and other financial supports available to families.
(C) Nationwide capacity The Web site and hotline shall have the capacity to help families in every State and community in the Nation.
(D) Information at all hours The Web site shall provide, to parents and families, access to information about child care services 24 hours a day.
(E) Services in different languages The Web site and hotline shall ensure the widest possible access to services for families who speak languages other than English.
(F) High-quality consumer education and referral The Web site and hotline shall ensure that families have access to easy-to-understand child care consumer education and referral services.
(3) Prohibition Nothing in this subsection shall be construed to allow the Secretary to compel States to provide additional data and information that is currently (as of November 19, 2014) not publicly available, or is not required by this subchapter, unless such additional data are related to the purposes and scope of this subchapter, and are subject to a notice and comment period of no less than 90 days.
(Pub. L. 9735, title VI, § 658L, as added Pub. L. 101508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388244; amended Pub. L. 102401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036; Pub. L. 104193, title VI, § 612, Aug. 22, 1996, 110 Stat. 2285; Pub. L. 10533, title V, § 5602(3), Aug. 5, 1997, 111 Stat. 646; Pub. L. 113186, § 8(d), Nov. 19, 2014, 128 Stat. 1997.)
## Notes
Editorial Notes
Amendments2014—Pub. L. 113186 substituted “Reports, hotline, and Web site” for “Report by Secretary” in section catchline, designated existing provisions as subsec. (a), inserted heading, substituted “2016” for “1998” and “to the Committee on Education and the Workforce of the House of Representatives and the Committee on Health, Education, Labor, and Pensions of the Senate” for “to the Committee on Economic and Educational Opportunities of the House of Representatives and the Committee on Labor and Human Resources of the Senate”, inserted at end of subsec. (a) “Such report shall contain a determination around whether each State that uses amounts provided under this subchapter has complied with the priority for services described in sections 9858c(c)(2)(Q) and 9858c(c)(3)(B) of this title.”, and added subsec. (b). 1997—Pub. L. 10533 substituted “1998” for “1997”. 1996—Pub. L. 104193 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. 102401 and Pub. L. 102586 made identical technical corrections to directory language of Pub. L. 101508, § 5082(2), which added this section.
Statutory Notes and Related Subsidiaries
Effective Date of 1997 AmendmentAmendment by Pub. L. 10533 effective as if included in the enactment of title VI of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104193, see section 5603 of Pub. L. 10533, set out as a note under section 618 of this title.
Effective Date of 1996 AmendmentAmendment by Pub. L. 104193 effective Oct. 1, 1996, see section 615 of Pub. L. 104193, set out as a note under section 9858 of this title.
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# 42 U.S.C. § 9858k - Limitations on use of financial assistance for certain purposes
## Text
(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. 9735, title VI, § 658M, as added Pub. L. 101508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388244; amended Pub. L. 102401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036.)
## Notes
Editorial Notes
Amendments1992—Pub. L. 102401 and Pub. L. 102586 made identical technical corrections to directory language of Pub. L. 101508, § 5082(2), which added this section.
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# 42 U.S.C. § 9858l - Nondiscrimination
## Text
(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 employees 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 employees 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.
(Pub. L. 9735, title VI, § 658N, as added Pub. L. 101508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388245; amended Pub. L. 102401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036.)
## Notes
Editorial Notes
Amendments1992—Pub. L. 102401 and Pub. L. 102586 made identical technical corrections to directory language of Pub. L. 101508, § 5082(2), which added this section.
@@ -0,0 +1,143 @@
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# 42 U.S.C. § 9858m - Amounts reserved; allotments
## Text
(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 11 So in original. Probably should be “Indian”. tribes (A) In general The Secretary shall reserve not less 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).
(B) Limitations Notwithstanding subparagraph (A), the Secretary shall only reserve an amount that is greater than 2 percent of the amount appropriated under section 9858 of this title, for payments described in subparagraph (A), for a fiscal year (referred to in this subparagraph as the “reservation year”) if—
(i) the amount appropriated under section 9858 of this title for the reservation year is greater than the amount appropriated under section 9858 of this title for fiscal year 2014; and
(ii) the Secretary ensures that the amount allotted to States under subsection (b) for the reservation year is not less than the amount allotted to States under subsection (b) for fiscal year 2014.
(3) National toll-free hotline and Web site The Secretary shall reserve up to $1,500,000 of the amount appropriated under this subchapter for each fiscal year for the operation of a national toll-free hotline and Web site, under section 9858j(b) of this title.
(4) Technical assistance The Secretary shall reserve up to ½ of 1 percent of the amount appropriated under this subchapter for each fiscal year to support technical assistance and dissemination activities under paragraphs (3) and (4) of section 9858g(a) of this title.
(5) Research, demonstration, and evaluation The Secretary may reserve ½ of 1 percent of the amount appropriated under this subchapter for each fiscal year to conduct research and demonstration activities, as well as periodic external, independent evaluations of the impact of the program described by this subchapter on increasing access to child care services and improving the safety and quality of child care services, using scientifically valid research methodologies, and to disseminate the key findings of those evaluations widely and on a timely basis.
(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), 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), 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.
(D) Licensing and standards In lieu of any licensing and regulatory requirements applicable under State or local law, the Secretary, in consultation with Indian tribes and tribal organizations, shall develop minimum child care standards that shall be applicable to Indian tribes and tribal organizations receiving assistance under this subchapter. Such standards shall appropriately reflect Indian tribe and tribal organization needs and available resources, and shall include standards requiring a publicly available application, health and safety standards, and standards requiring a reservation of funds for activities to improve the quality of child care services provided to Indian children.
(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 (i) In general Except as provided in clause (ii), the Secretary may not permit an Indian tribe or tribal organization to use amounts provided under this subsection for construction or renovation if the use will result in a decrease in the level of child care services provided by the Indian tribe or tribal organization as compared to the level of child care services provided by the Indian tribe or tribal organization in the fiscal year preceding the year for which the determination under subparagraph (B) is being made.
(ii) Waiver The Secretary shall waive the limitation described in clause (i) if—
(I) the Secretary determines that the decrease in the level of child care services provided by the Indian tribe or tribal organization is temporary; and
(II) the Indian tribe or tribal organization submits to the Secretary a plan that demonstrates that after the date on which the construction or renovation is completed—
(aa) the level of child care services will increase; or
(bb) the quality of child care services will improve.
(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).
(e) Reallotments (1) In general Any portion of the allotment under subsection (b) 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) 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) 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) 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.
(Pub. L. 9735, title VI, § 658O, as added Pub. L. 101508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388246; amended Pub. L. 102401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036; Pub. L. 104193, title VI, § 613, Aug. 22, 1996, 110 Stat. 2286; Pub. L. 10533, title V, § 5602(4), Aug. 5, 1997, 111 Stat. 646; Pub. L. 10678, title VII, § 752(b)(17), Oct. 22, 1999, 113 Stat. 1170; Pub. L. 113186, § 9, Nov. 19, 2014, 128 Stat. 1998.)
## Notes
Editorial Notes
References in TextThe Richard B. Russell National School Lunch Act, referred to in subsec. (b)(3), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§ 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.
Amendments2014—Subsec. (a)(2). Pub. L. 113186, § 9(1)(A), designated existing provisions as subpar. (A), inserted heading, substituted “2 percent” for “1 percent, and not more than 2 percent,”, and added subpar. (B). Subsec. (a)(3) to (5). Pub. L. 113186, § 9(1)(B), added pars. (3) to (5). Subsec. (c)(2)(D). Pub. L. 113186, § 9(2)(A), added subpar. (D). Subsec. (c)(6)(C). Pub. L. 113186, § 9(2)(B), added subpar. (C) and struck out former subpar. (C). Prior to amendment, text read as follows: “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.” 1999—Subsec. (b)(3). Pub. L. 10678 substituted “Richard B. Russell National School Lunch Act” for “National School Lunch Act”. 1997—Subsec. (c)(6)(C). Pub. L. 10533 substituted “subparagraph (B)” for “subparagraph (A)”. 1996—Subsec. (a)(1). Pub. L. 104193, § 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. 104193, § 613(1)(B), substituted “less than 1 percent, and not more than 2 percent,” for “more than 3 percent”. Subsec. (c)(5). Pub. L. 104193, § 613(2)(A), substituted “activities carried out” for “activities carried our”. Subsec. (c)(6). Pub. L. 104193, § 613(2)(B), added par. (6). Subsec. (e)(4). Pub. L. 104193, § 613(3), added par. (4). 1992—Pub. L. 102401 and Pub. L. 102586 made identical technical corrections to directory language of Pub. L. 101508, § 5082(2), which added this section.
Statutory Notes and Related Subsidiaries
Effective Date of 1997 AmendmentAmendment by Pub. L. 10533 effective as if included in the enactment of title VI of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104193, see section 5603 of Pub. L. 10533, set out as a note under section 618 of this title.
Effective Date of 1996 AmendmentAmendment by Pub. L. 104193 effective Oct. 1, 1996, see section 615 of Pub. L. 104193, set out as a note under section 9858 of this title.
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# 42 U.S.C. § 9858n - Definitions
## Text
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) Child with a disability The term “child with a disability” means—
(A) a child with a disability, as defined in section 602 of the Individuals with Disabilities Education Act (20 U.S.C. 1401);
(B) a child who is eligible for early intervention services under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.);
(C) a child who is less than 13 years of age and who is eligible for services under section 794 of title 29; and
(D) a child with a disability, as defined by the State involved.
(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 whose family assets do not exceed $1,000,000 (as certified by a member of such family); 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) English learner The term “English learner” means an individual who is an English learner, as defined in section 7801 of title 20, or who is limited English proficient, as defined in section 9832 of this title.
(6) 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)(F) of this title; and
(ii) satisfies the State and local requirements, including those referred to in section 9858c(c)(2)(I) 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.
(7) 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.
(8) Indian tribe The term “Indian tribe” has the meaning given it in section 5304(e) of title 25.
(9) Lead agency The term “lead agency” means the agency designated or established under section 9858b(a) of this title.
(10) Parent The term “parent” includes a legal guardian, foster parent, or other person standing in loco parentis.
(11) Scientifically valid research The term “scientifically valid research” includes applied research, basic research, and field-initiated research, for which the rationale, design, and interpretation are soundly developed in accordance with principles of scientific research.
(12) Secretary The term “Secretary” means the Secretary of Health and Human Services unless the context specifies otherwise.
(13) 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.
(14) 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.
(15) Tribal organization (A) In general The term “tribal organization” has the meaning given it in section 5304(l) of title 25.
(B) Other organizations Such term includes a Native Hawaiian Organization, as defined in section 4909(4) 11 See References in Text note below. of title 20 and a private nonprofit organization established for the purpose of serving youth who are Indians or Native Hawaiians.
(Pub. L. 9735, title VI, § 658P, as added Pub. L. 101508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388248; amended Pub. L. 102401, § 3, Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102586, § 8(c), Nov. 4, 1992, 106 Stat. 5036; Pub. L. 103171, § 8, Dec. 2, 1993, 107 Stat. 1994; Pub. L. 104193, title VI, § 614, Aug. 22, 1996, 110 Stat. 2287; Pub. L. 10533, title V, § 5602(5), Aug. 5, 1997, 111 Stat. 646; Pub. L. 113186, § 10, Nov. 19, 2014, 128 Stat. 2000; Pub. L. 11495, title IX, § 9215(p)(2), Dec. 10, 2015, 129 Stat. 2170.)
## Notes
Editorial Notes
References in TextThe Individuals with Disabilities Education Act, referred to in par. (3)(B), is title VI of Pub. L. 91230, Apr. 13, 1970, 84 Stat. 175. Part C of the Act is classified generally to subchapter III (§ 1431 et seq.) of chapter 33 of Title 20, Education. For complete classification of this Act to the Code, see section 1400 of Title 20 and Tables. Section 4909 of title 20, referred to in par. (15)(B), was repealed by Pub. L. 103382, title III, § 363, Oct. 20, 1994, 108 Stat. 3975.
Amendments2015—Par. (5). Pub. L. 11495 substituted “an individual who is an English learner, as defined in section 7801 of title 20, or who is limited English proficient, as defined in section 9832 of this title” for “an individual who is limited English proficient, as defined in section 7801 of title 20 or section 9832 of this title”. 2014—Pars. (3), (4). Pub. L. 113186, § 10(1), added pars. (3) and (4) and struck out former par. (4) which defined “eligible child”. Par. (5). Pub. L. 113186, § 10(3), added par. (5). Former par. (5) redesignated (6). Par. (6). Pub. L. 113186, § 10(2), (4), redesignated par. (5) as (6) and substituted “9858c(c)(2)(F)” for “9858c(c)(2)(E)” in subpar. (A)(i) and “9858c(c)(2)(I)” for “9858c(c)(2)(F)” in subpar. (A)(ii). Former par. (6) redesignated (7). Pars. (7), (8). Pub. L. 113186, § 10(2), redesignated pars. (6) and (7) as (7) and (8), respectively. Former pars. (7) and (8) redesignated (8) and (9), respectively. Par. (9). Pub. L. 113186, § 10(2), (5), redesignated par. (8) as (9) and substituted “designated or established under section 9858b(a)” for “designated under section 9858(a)”. Former par. (9) redesignated (10). Par. (10). Pub. L. 113186, § 10(2), (6), redesignated par. (9) as (10) and inserted “, foster parent,” after “guardian”. Pars. (11) to (15). Pub. L. 113186, § 10(7), (8), added par. (11) and redesignated former pars. (11) to (14) as (12) to (15), respectively. 1997—Par. (13). Pub. L. 10533 substituted “and” for “or” after “American Samoa,”. 1996—Par. (2). Pub. L. 104193, § 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. 104193, § 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. 104193, § 614(3), substituted “85 percent” for “75 percent”. Par. (5)(B). Pub. L. 104193, § 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. 104193, § 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. 104193, § 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. 104193, § 614(7), designated existing text as subpar. (A), inserted heading, and added subpar. (B). 1993—Pars. (7), (14). Pub. L. 103171 made technical correction to directory language of Pub. L. 102586, § 8(c)(2). See 1992 Amendment note below. 1992—Pub. L. 102401, § 3(a), and Pub. L. 102586, § 8(c)(1), made identical technical corrections to directory language of Pub. L. 101508, § 5082(2), which added this section. Par. (7). Pub. L. 102586, § 8(c)(2)(A), as amended by Pub. L. 103171, which directed the amendment of par. (7) by substituting “section 5304(e) of title 25” for “section 5304(b) of title 25”, could not be executed because the words “section 5304(b) of title 25” did not appear subsequent to execution of the amendment by Pub. L. 102401, § 3(b)(1). See below. Pub. L. 102401, § 3(b)(1), substituted “section 5304(e) of title 25” for “section 5304(b) of title 25”. Par. (14). Pub. L. 102586, § 8(c)(2)(B), as amended by Pub. L. 103171, which directed the amendment of par. (14) by substituting “section 5304(l) of title 25” for “section 5304(c) of title 25”, could not be executed because the words “section 5304(c) of title 25” did not appear subsequent to execution of the amendment by Pub. L. 102401, § 3(b)(2). See below. Pub. L. 102401, § 3(b)(2), substituted “section 5304(l) of title 25” for “section 5304(c) of title 25”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 11495 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 11495, set out as a note under section 6301 of Title 20, Education.
Effective Date of 1997 AmendmentAmendment by Pub. L. 10533 effective as if included in the enactment of title VI of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104193, see section 5603 of Pub. L. 10533, set out as a note under section 618 of this title.
Effective Date of 1996 AmendmentAmendment by Pub. L. 104193 effective Oct. 1, 1996, see section 615 of Pub. L. 104193, set out as a note under section 9858 of this title.
Effective Date of 1992 AmendmentsAmendment by Pub. L. 102586 effective Nov. 4, 1992, but not applicable with respect to fiscal years beginning before Oct. 1, 1992, see section 8(d) of Pub. L. 102586, set out as a note under section 9858h of this title. Amendment by Pub. L. 102401 effective Oct. 7, 1992, but not applicable with respect to fiscal years beginning before Oct. 1, 1992, see section 4 of Pub. L. 102401, set out as a note under section 9835 of this title.
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# 42 U.S.C. § 9858o - Parental rights and responsibilities
## Text
(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. 9735, title VI, § 658Q, as added Pub. L. 101508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388249; amended Pub. L. 102401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036; Pub. L. 113186, § 11, Nov. 19, 2014, 128 Stat. 2001.)
## Notes
Editorial Notes
Amendments2014—Subsec. (a). Pub. L. 113186 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1992—Pub. L. 102401 and Pub. L. 102586 made identical technical corrections to directory language of Pub. L. 101508, § 5082(2), which added this section.
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# 42 U.S.C. § 9858p - Severability
## Text
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. 9735, title VI, § 658R, as added Pub. L. 101508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388249; amended Pub. L. 102401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036.)
## Notes
Editorial Notes
Amendments1992—Pub. L. 102401 and Pub. L. 102586 made identical technical corrections to directory language of Pub. L. 101508, § 5082(2), which added this section.
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# 42 U.S.C. § 9858q - Miscellaneous provisions
## Text
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. 9735, title VI, § 658S, as added Pub. L. 102586, § 8(b), Nov. 4, 1992, 106 Stat. 5035; amended Pub. L. 103171, § 8, Dec. 2, 1993, 107 Stat. 1994.)
## Notes
Editorial Notes
Amendments1993—Pub. L. 103171 made technical correction to directory language of Pub. L. 102586, § 8(b), which added this section.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Nov. 4, 1992, but not applicable with respect to fiscal years beginning before Oct. 1, 1992, see section 8(d) of Pub. L. 102586, set out as an Effective Date of 1992 Amendment note under section 9858h of this title.
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# 42 U.S.C. § 9858r - Studies on waiting lists
## Text
(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. 113186, § 12, Nov. 19, 2014, 128 Stat. 2001.)
## Notes
Editorial Notes
References in TextThe 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. 9735, as added by Pub. L. 101508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388236, 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.
Codification 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.
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# 42 U.S.C. § 9859 - Definitions
## Text
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.
(Pub. L. 106310, div. A, title XIV, § 1401, Oct. 17, 2000, 114 Stat. 1143.)
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# 42 U.S.C. § 9859a - Authorization of appropriations
## Text
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.
(Pub. L. 106310, div. A, title XIV, § 1402, Oct. 17, 2000, 114 Stat. 1143.)
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# 42 U.S.C. § 9859b - Programs
## Text
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.
(Pub. L. 106310, div. A, title XIV, § 1403, Oct. 17, 2000, 114 Stat. 1143.)
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# 42 U.S.C. § 9859c - Amounts reserved; allotments
## Text
(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), 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).
(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.
(Pub. L. 106310, div. A, title XIV, § 1404, Oct. 17, 2000, 114 Stat. 1143.)
## Notes
Editorial Notes
References in TextThe 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, which is classified generally to chapter 13 (§ 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.
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# 42 U.S.C. § 9859d - State applications
## Text
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.
(Pub. L. 106310, div. A, title XIV, § 1405, Oct. 17, 2000, 114 Stat. 1145.)
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# 42 U.S.C. § 9859e - Use of funds
## Text
(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.
(Pub. L. 106310, div. A, title XIV, § 1406, Oct. 17, 2000, 114 Stat. 1145.)
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# 42 U.S.C. § 9859f - Reports
## Text
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.
(Pub. L. 106310, div. A, title XIV, § 1407, Oct. 17, 2000, 114 Stat. 1145.)
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# 42 U.S.C. § 9863 to 9865 - Repealed. Pub. L. 103382, title III, § 391(w), Oct. 20, 1994, 108 Stat. 4025
## Notes
Section 9863, Pub. L. 9735, title VI, § 664, as added Pub. L. 101501, title II, § 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. 9735, title VI, § 664, Aug. 13, 1981, 95 Stat. 509, related to grants or contracts for research, demonstration, and pilot projects, prior to repeal by Pub. L. 101501, title II, § 204(a), Nov. 3, 1990, 104 Stat. 1245.
Section 9863a, Pub. L. 9735, title VI, § 664A, as added Pub. L. 101501, title II, § 204(a), Nov. 3, 1990, 104 Stat. 1245, related to technical assistance and training.
Section 9863b, Pub. L. 9735, title VI, § 664B, as added Pub. L. 101501, title II, § 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. 9735, title VI, § 664C, as added Pub. L. 101501, title II, § 204(a), Nov. 3, 1990, 104 Stat. 1246, related to grant to establish national clearinghouse on Follow Through programs.
Section 9864, Pub. L. 9735, title VI, § 665, Aug. 13, 1981, 95 Stat. 510; Pub. L. 101501, title II, § 205, Nov. 3, 1990, 104 Stat. 1246, related to announcement of research and evaluation contracts.
Section 9865, Pub. L. 9735, title VI, § 666, Aug. 13, 1981, 95 Stat. 510; Pub. L. 101501, title II, § 206, Nov. 3, 1990, 104 Stat. 1247, related to continuing evaluation of programs under this subchapter.
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# 42 U.S.C. § 9866 to 9869 - Repealed. Pub. L. 103382, title III, § 391(w), Oct. 20, 1994, 108 Stat. 4025
## Notes
Section 9866, Pub. L. 9735, title VI, § 667, as added Pub. L. 101501, title II, § 207(a), Nov. 3, 1990, 104 Stat. 1247, related to authorization of appropriations to carry out this subchapter.
A prior section 9866, Pub. L. 9735, title VI, § 667, Aug. 13, 1981, 95 Stat. 511, provided for technical assistance and training, prior to repeal by Pub. L. 101501, title II, § 204(b), Nov. 3, 1990, 104 Stat. 1246.
Section 9867, Pub. L. 9735, title VI, § 668, Aug. 13, 1981, 95 Stat. 511; Pub. L. 99425, title II, § 201(b), Sept. 30, 1986, 100 Stat. 967; Pub. L. 101501, title II, §§ 201(2), 209, Nov. 3, 1990, 104 Stat. 1243, 1248, related to special conditions on financial assistance.
Section 9868, Pub. L. 9735, title VI, § 669, Aug. 13, 1981, 95 Stat. 511, related to applicability of other provisions to administration of this subchapter.
Section 9869, Pub. L. 9735, title VI, § 669A, as added Pub. L. 101501, title II, § 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.
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# 42 U.S.C. § 9871 - Authorization of appropriations
## Text
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. 9735, title VI, § 670A, as added Pub. L. 98558, title I, § 109, Oct. 30, 1984, 98 Stat. 2880; amended Pub. L. 99425, title III, § 301, Sept. 30, 1986, 100 Stat. 967; Pub. L. 101501, title III, § 301, Nov. 3, 1990, 104 Stat. 1248; Pub. L. 103252, title I, § 122, May 18, 1994, 108 Stat. 650.)
## Notes
Editorial Notes
Amendments1994—Pub. L. 103252 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. 101501 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. 99425 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.”
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by Pub. L. 103252 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. 103252, set out as a note under section 9832 of this title.
Effective Date of 1990 AmendmentAmendment by Pub. L. 101501 effective Oct. 1, 1990, see section 1001(a) of Pub. L. 101501, set out as a note under section 8621 of this title.
Effective Date of 1986 AmendmentAmendment by Pub. L. 99425 effective Oct. 1, 1986, see section 1001 of Pub. L. 99425, set out as a note under section 8621 of this title.
Short TitleFor short title of this subchapter as the “State Dependent Care Development Grants Act”, see section 670H of Pub. L. 9735, set out as a note under section 9801 of this title.
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# 42 U.S.C. § 9872 - Allotments
## Text
(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. 9735, title VI, § 670B, as added Pub. L. 98558, title I, § 109, Oct. 30, 1984, 98 Stat. 2880.)
## Notes
Executive Documents
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.
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# 42 U.S.C. § 9873 - Payments under allotments to States
## Text
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.
(Pub. L. 9735, title VI, § 670C, as added Pub. L. 98558, title I, § 109, Oct. 30, 1984, 98 Stat. 2880.)
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# 42 U.S.C. § 9874 - Use of allotments
## Text
(a) Referral systems; information; contents (1) Subject to the provisions of subsections (c) and (d), 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), 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; 11 So in original. Probably should be “subchapter”.
(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);
(B) 60 percent shall be available for the activities described in subsection (b).
(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.
(Pub. L. 9735, title VI, § 670D, as added Pub. L. 98558, title I, § 109, Oct. 30, 1984, 98 Stat. 2880; amended Pub. L. 99425, title III, § 302, Sept. 30, 1986, 100 Stat. 967; Pub. L. 101501, title III, §§ 302, 303, 305(a), Nov. 3, 1990, 104 Stat. 1249, 1250.)
## Notes
Editorial Notes
References in TextThis Act, referred to in subsec. (b)(2)(C), (D), (F), is Pub. L. 9735, 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. 9735, known as the State Dependent Care Development Grants Act, which is classified to this subchapter.
Amendments1990—Subsec. (a)(1). Pub. L. 101501, §§ 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. 101501, §§ 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. 101501, § 305(a)(3)(A), inserted “school-age children,” after “diverse” and inserted comma after last reference to “children”. Subsec. (b)(2)(F). Pub. L. 101501, § 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. 101501, § 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. 101501, § 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. 101501, § 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. 101501, § 303(b), see above. Subsec. (f). Pub. L. 101501, §§ 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. 101501, § 305(a)(6), substituted “carrying out activities” for “operating activities to be carried out”. 1986—Subsec. (a). Pub. L. 99425, § 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. 99425, § 302(b)(1), struck out “where school facilities are not available” after “centers in communities”. Subsec. (b)(2)(E). Pub. L. 99425, § 302(b)(2), inserted “child care” before “licensing laws”.
Statutory Notes and Related Subsidiaries
Effective Date of 1990 AmendmentAmendment by Pub. L. 101501 effective Oct. 1, 1990, see section 1001(a) of Pub. L. 101501, set out as a note under section 8621 of this title.
Effective Date of 1986 AmendmentAmendment by Pub. L. 99425 effective Oct. 1, 1986, see section 1001 of Pub. L. 99425, set out as a note under section 8621 of this title.
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# 42 U.S.C. § 9875 - Application and description of activities; requirements
## Text
(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).
(b) Certifications As part of the annual application required by subsection (a), 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), 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. 300w2(b)], paragraphs (1) through (5) of section 1906(a) 11 See References in Text note below. [42 U.S.C. 300w5(a)], and sections 1906(b), 1907, 1908, and 1909 [42 U.S.C. 300w5(b), 300w6, 300w7, 300w8] 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.].
(Pub. L. 9735, title VI, § 670E, as added Pub. L. 98558, title I, § 109, Oct. 30, 1984, 98 Stat. 2882; amended Pub. L. 101501, title III, §§ 304, 305(b), Nov. 3, 1990, 104 Stat. 1249, 1250.)
## Notes
Editorial Notes
References in TextThe Public Health Service Act, referred to in subsec. (d), is act July 1, 1944, ch. 373, 58 Stat. 682. Part A of title XIX of the Public Health Service Act is classified generally to part A (§ 300w et seq.) of subchapter XVII of chapter 6A of this title. Section 1906(a) of the Act, which is classified to section 300w5(a) of this title, was amended generally by Pub. L. 102531, title I, § 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.
Amendments1990—Subsec. (c). Pub. L. 101501, § 305(b), which directed that “until September 30, 1987,” be struck out, could not be executed, because of the intervening amendment by Pub. L. 101501, § 304, see below. Pub. L. 101501, § 304, designated existing provisions as par. (1), substituted “September 30, 1991” for “September 30, 1987”, and added par. (2).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 AmendmentAmendment by Pub. L. 101501 effective Oct. 1, 1990, see section 1001(a) of Pub. L. 101501, set out as a note under section 8621 of this title.
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# 42 U.S.C. § 9876 - Report
## Text
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.
(Pub. L. 9735, title VI, § 670F, as added Pub. L. 98558, title I, § 109, Oct. 30, 1984, 98 Stat. 2883.)
## Notes
Statutory Notes and Related Subsidiaries
Change of Name Committee on Education and Labor of House of Representatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. 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.
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# 42 U.S.C. § 9877 - Definitions
## Text
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; 11 See References in Text note below.
(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 1 of title 20.
(Pub. L. 9735, title VI, § 670G, as added Pub. L. 98558, title I, § 109, Oct. 30, 1984, 98 Stat. 2883; amended Pub. L. 99425, title III, § 303, Sept. 30, 1986, 100 Stat. 967; Pub. L. 101501, title III, § 305(c), Nov. 3, 1990, 104 Stat. 1250; Pub. L. 103382, title III, § 394(l), Oct. 20, 1994, 108 Stat. 4029; Pub. L. 105244, title I, § 102(a)(13)(H), Oct. 7, 1998, 112 Stat. 1621; Pub. L. 106402, title IV, § 401(b)(12), Oct. 30, 2000, 114 Stat. 1739; Pub. L. 107110, title X, § 1076(dd), Jan. 8, 2002, 115 Stat. 2093; Pub. L. 11495, title IX, § 9215(rrr), Dec. 10, 2015, 129 Stat. 2189.)
## Notes
Editorial Notes
References in TextSection 198 of the Elementary and Secondary Education Act of 1965, referred to in par. (4), is section 198 of Pub. L. 8910, title I, as added Pub. L. 95561, title I, § 101(a), Nov. 1, 1978, 92 Stat. 2198, which was classified to section 2854 of Title 20, Education, prior to the general revision of Pub. L. 8910 by Pub. L. 100297, title I, § 1001, Apr. 28, 1988, 102 Stat. 140. Section 7801 of title 20, referred to in par. (11), was in the original a reference to section 9101 of Pub. L. 8910, which was renumbered section 8101 by Pub. L. 11495, title VIII, § 8001(a)(1), Dec. 10, 2015, 129 Stat. 2089.
Amendments2015—Par. (6). Pub. L. 11495 made technical amendment to reference in original act which appears in text as reference to section 7801 of title 20. 2002—Pars. (6), (11). Pub. L. 107110 substituted “7801” for “8801”. 2000—Par. (3). Pub. L. 106402 substituted “section 15002 of this title” for “section 6001(7) of this title”. 1998—Par. (5). Pub. L. 105244, 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. 9735, known as the State Dependent Care Development Grants Act, to reflect the probable intent of Congress. 1994—Par. (6). Pub. L. 103382, § 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. 103382, § 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. 101501, § 305(c)(1), substituted “an individual” for “a person”. Par. (7). Pub. L. 101501, § 305(c)(2), inserted “in” after first reference to “State”. Par. (10). Pub. L. 101501, § 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. 99425 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”.
Statutory Notes and Related Subsidiaries
Effective Date of 2015 AmendmentAmendment by Pub. L. 11495 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 11495, set out as a note under section 6301 of Title 20, Education.
Effective Date of 2002 AmendmentAmendment by Pub. L. 107110 effective Jan. 8, 2002, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 107110, set out as an Effective Date note under section 6301 of Title 20, Education.
Effective Date of 1998 AmendmentAmendment by Pub. L. 105244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105244, see section 3 of Pub. L. 105244, set out as a note under section 1001 of Title 20, Education.
Effective Date of 1990 AmendmentAmendment by Pub. L. 101501 effective Oct. 1, 1990, see section 1001(a) of Pub. L. 101501, set out as a note under section 8621 of this title.
Effective Date of 1986 AmendmentAmendment by Pub. L. 99425 effective Oct. 1, 1986, see section 1001 of Pub. L. 99425, set out as a note under section 8621 of this title.
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# 42 U.S.C. § 9881 to 9887 - Repealed. Pub. L. 103252, title I, §§ 112(b)(1), (2)(B), May 18, 1994, 108 Stat. 640, 641
## Notes
Section 9881, Pub. L. 9735, title VI, § 670N, as added Pub. L. 100297, title II, § 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. 9735, title VI, § 670O, as added Pub. L. 100297, title II, § 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. 9735, title VI, § 670P, as added Pub. L. 100297, title II, § 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. 9735, title VI, § 670Q, as added Pub. L. 100297, title II, § 2503, Apr. 28, 1988, 102 Stat. 329, directed Secretary to continually evaluate projects under this subchapter.
Section 9885, Pub. L. 9735, title VI, § 670R, as added Pub. L. 100297, title II, § 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. 9735, title VI, § 670S, as added Pub. L. 100297, title II, § 2503, Apr. 28, 1988, 102 Stat. 329; amended Pub. L. 102119, § 26(a), Oct. 7, 1991, 105 Stat. 607; Pub. L. 103382, title III, § 391(x), Oct. 20, 1994, 108 Stat. 4025, provided definitions for terms used in this subchapter.
Section 9887, Pub. L. 9735, title VI, § 670T, as added Pub. L. 100297, title II, § 2503, Apr. 28, 1988, 102 Stat. 330; amended Pub. L. 101501, title VIII, § 801, Nov. 3, 1990, 104 Stat. 1261, authorized appropriations to carry out this subchapter.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal 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. 103252, set out as an Effective Date of 1994 Amendment note under section 9832 of this title.
Comprehensive Child Development Program; Congressional Statement of PurposePub. L. 100297, title II, part E, § 2502, Apr. 28, 1988, 102 Stat. 325, provided that it is the purpose of part E of title II of Pub. L. 100297 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. 103252, title I, § 112(b)(1), (2)(A), May 18, 1994, 108 Stat. 640, 641.
Consolidation of Child Development ProgramsPub. L. 103252, title I, § 112(b)(1), May 18, 1994, 108 Stat. 640, 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.”