US (United States) Code. Title 42. Chapter 105: Community services programs

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC CHAPTER 105 - COMMUNITY SERVICES PROGRAMS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

-HEAD-

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

-MISC1-

SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT

Sec.

9801. Statement of purpose.

9802. "Community development corporation" defined.

9803. Repealed.

9804. Advisory Community Investment Board.

(a) National Community Investment Board; functions,

composition, etc.

(b) Function.

(c) Local advisory community investment boards;

establishment, composition, etc.

PART A - URBAN AND RURAL SPECIAL IMPACT PROGRAMS

9805. Statement of purpose.

9806. Establishment and scope of programs.

9807. Financial assistance requirements.

(a) Conditions.

(b) Relocations substantially increasing

unemployment.

(c) Community economic development program;

application; specification of goals.

9808. Federal share; amount; availability; ownership of

property acquired with Federal financial assistance.

PART B - SPECIAL RURAL PROGRAMS

9809. Statement of purpose.

9810. Financial assistance to low-income families, local

cooperative associations, and local public or private

nonprofit organizations or entities; amount,

purposes, etc.

9811. Limitation on assistance.

PART C - DEVELOPMENT LOANS TO COMMUNITY ECONOMIC DEVELOPMENT

PROGRAMS

9812. Development loan fund.

(a) Authorities, scope, and purposes; conditions;

interest rate; repayment.

(b) Adjustment of interest rates, moratorium on

principal and interest, etc.

(c) Establishment, funding, etc.

9812a. Interest rates payable on certain rural development

loans; assignment of loan contracts.

(a) Modification of interest rates.

(b) Assignment of certain loan contracts.

9813. Model Community Economic Development Finance

Corporation; establishment; functions.

PART D - SUPPORTIVE PROGRAMS AND ACTIVITIES

9814. Training and technical assistance.

(a) Grants, contracts, and other arrangements;

preconditions.

(b) Technical assistance to community development

corporations and urban and rural cooperatives.

(c) Training for employees of community development

corporations and employees and members of

urban and rural cooperatives.

9815. Small Business Administration and Department of

Commerce economic development programs; regulations.

9816. Department of Housing and Urban Development programs.

9817. Department of Agriculture; Rural Development

Administration programs.

9818. Coordination and eligibility.

9819. Evaluation of programs; implementation and funding,

etc.; research and demonstration projects;

implementation and purposes.

9820. Grants to plan economic development and cooperative

programs.

9821. Nondiscrimination provisions.

9822. Availability of certain appropriated funds.

SUBCHAPTER II - HEAD START PROGRAMS

9831. Statement of purpose.

9832. Definitions.

9833. Financial assistance for Head Start programs.

9834. Authorization of appropriations.

9835. Allotment of funds.

(a) Distribution of appropriations; priorities,

etc.

(b) Federal share.

(c) Services covered.

(d) Enrollment of children with disabilities and

provision of services.

(e) Distribution of benefits between residents of

rural and urban areas.

(f) Guidelines for local service delivery models.

(g) Maintenance of current services; expansion of

Head Start programs.

(h) Full-working-day services.

(i) Vehicle safety regulations.

(j) Compensation of staff.

(k) Flexibility in hours of service requirement.

(l) Frequent relocation of migrant families.

9835a. Repealed.

9836. Designation of Head Start agencies.

(a) Authorization; prerequisites.

(b) Definition.

(c) Priority.

(d) Designation; Head Start agency; qualified

applicants.

(e) Designation of agency on an interim basis.

(f) Involvement of parents and area residents in

selection of agencies.

(g) Priority for nonprofit agencies and applicants

with demonstrated capacity.

9836a. Quality standards; monitoring of Head Start agencies

and programs.

(a) Quality standards.

(b) Results-based performance measures.

(c) Monitoring of local agencies and programs.

(d) Corrective action; termination.

(e) Summaries of monitoring outcomes.

9837. Powers and functions of Head Start agencies.

(a) Receipt, administration, and transfer of funds;

sponsorship of projects; delegation of

authority, etc.

(b) Participation of parents in decisionmaking,

implementation, etc.

(c) Coordination with other agencies.

(d) Transition coordination with schools.

(e) Assessment when hiring or evaluating classroom

teachers.

9837a. Head Start transition.

9838. Submission of plans to chief executive officer.

9839. Administrative requirements and standards.

(a) Employment practices, nonpartisanship, staff

accountability, public access to information,

etc.

(b) Development and administrative costs of

programs.

(c) Rules and regulations; special or simplified

requirements for small agencies; common or

joint use of facilities.

(d) Publication and notification of proposed rules,

etc.

(e) Neutrality concerning union organizing.

(f) Purchase of facility; approval requirements;

financial assistance.

(g) Payments for capital expenditures.

(h) Personnel preferences to Indian tribe members.

9840. Participation in Head Start programs.

(a) Criteria for eligibility.

(b) Establishment of fee schedule or charging of

fees; payment by families willing and able to

pay.

(c) Availability of more than one year of services;

children eligible.

(d) Indian tribes.

9840a. Early Head Start programs for families with infants

and toddlers.

(a) In general.

(b) Scope and design of programs.

(c) Persons eligible to participate.

(d) Eligible service providers.

(e) Selection of grant recipients.

(f) Distribution.

(g) Monitoring, training, technical assistance, and

evaluation.

9841. Appeals, notice, hearing, and mediation; alternative

agency for Indian tribe.

(a) Notice requirements; suspension or termination

of assistance stayed pending hearing;

mediation.

(b) Notification of conflict by Head Start agency

to regional office.

(c) Timeline for administrative hearing.

(d) Termination of designation not stayed upon

appeal.

(e) Establishment of alternative agency by Indian

tribe.

9842. Records and audits.

9843. Technical assistance and training.

(a) Technical assistance and personnel training.

(b) Consideration of local needs.

(c) Prioritization of resource allocation.

(d) Training in performing and visual arts and

electronic media.

(e) Child development and assessment program.

9843a. Staff qualifications and development.

(a) Classroom teachers.

(b) Mentor teachers.

(c) Family service workers.

(d) Head Start Fellowships.

(e) Model staffing plans.

9844. Research, demonstrations, and evaluation.

(a) In general.

(b) Conduct of research, demonstration, and

evaluation activities.

(c) Consultation and collaboration.

(d) Specific objectives.

(e) Longitudinal studies.

(f) Ownership of results.

(g) National Head Start impact research.

(h) Quality improvement study.

9845. Repealed.

9846. Reports.

(a) Status of children.

(b) Facilities.

9846a, 9847. Repealed.

9848. Comparability of wages.

9849. Nondiscrimination provisions.

(a) Discrimination based on race, creed, color,

etc., as basis for denial of financial

assistance.

(b) Sex discrimination; enforcement provisions

applicable.

(c) Discrimination based on handicapping condition

as basis for denial of financial assistance.

9850. Limitation with respect to certain unlawful

activities.

9851. Political activities.

9852. Advance funding.

9852a. Repealed.

SUBCHAPTER II-A - HEAD START TRANSITION PROJECT

9855 to 9855g. Repealed.

SUBCHAPTER II-B - CHILD CARE AND DEVELOPMENT BLOCK GRANT

9858. Authorization of appropriations.

9858a. Establishment of block grant program.

9858b. Lead agency.

(a) Designation.

(b) Duties.

9858c. Application and plan.

(a) Application.

(b) Period covered by plan.

(c) Requirements of a plan.

(d) Approval of application.

9858d. Limitations on State allotments.

(a) No entitlement to contract or grant.

(b) Construction of facilities.

9858e. Activities to improve quality of child care.

9858f. Repealed.

9858g. Administration and enforcement.

(a) Administration.

(b) Enforcement.

9858h. Payments.

(a) In general.

(b) Method of payment.

(c) Spending of funds by State.

9858i. Reports and audits.

(a) Reports.

(b) Audits.

9858j. Report by Secretary.

9858k. Limitations on use of financial assistance for certain

purposes.

(a) Sectarian purposes and activities.

(b) Tuition.

9858l. Nondiscrimination.

(a) Religious nondiscrimination.

(b) Effect on State law.

9858m. Amounts reserved; allotments.

(a) Amounts reserved.

(b) State allotment.

(c) Payments for benefit of Indian children.

(d) Data and information.

(e) Reallotments.

(f) "State" defined.

9858n. Definitions.

9858o. Parental rights and responsibilities.

9858p. Severability.

9858q. Miscellaneous provisions.

SUBCHAPTER II-C - CHILD CARE SAFETY AND HEALTH GRANTS

9859. Definitions.

9859a. Authorization of appropriations.

9859b. Programs.

9859c. Amounts reserved; allotments.

(a) Amounts reserved.

(b) State allotments.

(c) Data and information.

(d) Definition.

9859d. State applications.

9859e. Use of funds.

(a) In general.

(b) Supplement, not supplant.

9859f. Reports.

SUBCHAPTER III - FOLLOW THROUGH PROGRAMS

9861 to 9869. Repealed.

SUBCHAPTER IV - GRANTS TO STATES FOR PLANNING AND DEVELOPMENT OF

DEPENDENT CARE PROGRAMS AND FOR OTHER PURPOSES

9871. Authorization of appropriations.

9872. Allotments.

9873. Payments under allotments to States.

9874. Use of allotments.

(a) Referral systems; information; contents.

(b) School-age child care services; assurances;

estimates.

(c) Percentage of allotment; waiver.

(d) Prohibition; use of amounts.

(e) Federal share; cost of administration.

(f) Duplication of services.

(g) Technical assistance to States; planning and

operational activities.

9875. Application and description of activities;

requirements.

(a) Applications.

(b) Certifications.

(c) Description; intended use of payments;

comments; revision.

(d) Application to Public Health Service Act.

9876. Report.

9877. Definitions.

SUBCHAPTER V - COMPREHENSIVE CHILD DEVELOPMENT PROGRAM

9881 to 9887. Repealed.

-End-

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42 USC SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT

-HEAD-

SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT

-COD-

CODIFICATION

Subchapter is based on subchapter A of chapter 8 of subtitle A of

title VI of Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 489, as amended.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 4953 of this title.

-End-

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42 USC Sec. 9801 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT

-HEAD-

Sec. 9801. Statement of purpose

-STATUTE-

The purpose of this subchapter is to encourage the development of

special programs by which the residents of urban and rural

low-income areas may, through self-help and mobilization of the

community at large, with appropriate Federal assistance, improve

the quality of their economic and social participation in community

life in such a way as to contribute to the elimination of poverty

and the establishment of permanent economic and social benefits.

-SOURCE-

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

-MISC1-

SHORT TITLE OF 1998 AMENDMENT

Pub. L. 105-285, Sec. 1, Oct. 27, 1998, 112 Stat. 2702, provided

that: "This Act [see Tables for classification] may be cited as the

'Community Opportunities, Accountability, and Training and

Educational Services Act of 1998' or the 'Coats Human Services

Reauthorization Act of 1998'."

Pub. L. 105-285, title I, Sec. 101, Oct. 27, 1998, 112 Stat.

2703, provided that: "This title [enacting section 9837a of this

title, amending sections 9831 to 9835, 9836 to 9837, 9838 to 9840a,

9843 to 9844, and 9846 of this title, and repealing sections 9852a

and 9855 to 9855g of this title and provisions set out as a note

under this section] may be cited as the 'Head Start Amendments of

1998'."

SHORT TITLE OF 1996 AMENDMENT

Pub. L. 104-193, title VI, Sec. 601(a), Aug. 22, 1996, 110 Stat.

2278, provided that: "This title [enacting section 618 of this

title, amending sections 9858, 9858b to 9858e, 9858g to 9858j,

9858m, and 9858n of this title, repealing section 9858f of this

title, enacting provisions set out as notes under section 9858 of

this title, and amending provisions set out as a note below] may be

cited as the 'Child Care and Development Block Grant Amendments of

1996'."

SHORT TITLE OF 1994 AMENDMENT

Pub. L. 103-252, Sec. 1, May 18, 1994, 108 Stat. 623, provided

that: "This Act [see Tables for classification] may be cited as the

'Human Services Amendments of 1994'."

Pub. L. 103-252, title I, Sec. 101(a), May 18, 1994, 108 Stat.

624, provided that: "This title [enacting sections 9836a, 9840a,

9843a, and 9852a of this title, transferring sections 3161 to 3161g

of Title 20, Education, to sections 1235 to 1235g of Title 20,

respectively, amending sections 1396r-5, 9832 to 9835, 9836, 9837,

9839, 9840, 9841, 9843, 9844, 9846, 9855a, 9871, and 10905 of this

title and sections 1235, 1235a, and 1235c to 1235e of Title 20,

repealing sections 9835a, 9845, 9846a, 9847, and 9881 to 9887 of

this title, enacting provisions set out as notes under sections

9832, 9839, 9844, and 9881 of this title, and repealing provisions

set out as notes under this section and section 9881 of this title]

may be cited as the 'Head Start Act Amendments of 1994'."

SHORT TITLE OF 1992 AMENDMENT

Pub. L. 102-401, Sec. 1, Oct. 7, 1992, 106 Stat. 1956, provided

that: "This Act [amending sections 9835 to 9839, 9846, 9846a, and

9858n of this title and enacting provisions set out as notes under

sections 9835 and 9836 of this title] may be cited as the 'Head

Start Improvement Act of 1992'."

SHORT TITLE OF 1990 AMENDMENT

Pub. L. 101-501, Sec. 1(a), Nov. 3, 1990, 104 Stat. 1222,

provided that: "This Act [see Tables for classification] may be

cited as the 'Augustus F. Hawkins Human Services Reauthorization

Act of 1990'."

Pub. L. 101-501, title I, Sec. 101, Nov. 3, 1990, 104 Stat. 1224,

provided that: "This subtitle [subtitle A (Secs. 101-123) of title

I of Pub. L. 101-501, enacting sections 9835a and 9846a of this

title and amending sections 9831, 9832, 9834, 9835, 9836 to 9841,

9843 to 9846, 9847, and 9848 of this title] may be cited as the

'Head Start Expansion and Quality Improvement Act'."

Pub. L. 101-501, title I, Sec. 131, Nov. 3, 1990, 104 Stat. 1238,

provided that subtitle B (Secs. 131-140) of title I of Pub. L.

101-501, enacting subchapter II-A of this chapter and amending

section 9834 of this title, could be cited as the "Head Start

Transition Project Act", prior to repeal by Pub. L. 105-285, title

I, Sec. 119, Oct. 27, 1998, 112 Stat. 2728.

SHORT TITLE OF 1989 AMENDMENT

Pub. L. 101-120, Sec. 1, Oct. 23, 1989, 103 Stat. 700, provided

that: "This Act [amending section 9834 of this title] may be cited

as the 'Head Start Supplemental Authorization Act of 1989'."

SHORT TITLE OF 1988 AMENDMENT

Pub. L. 100-297, title II, Sec. 2501, Apr. 28, 1988, 102 Stat.

325, provided that part E (Secs. 2501-2504) of title II of Pub. L.

100-297, which enacted subchapter V of this chapter, amended

section 9833 of this title, and enacted provisions set out as notes

under this section and section 9881 of this title, could be cited

as the "Comprehensive Child Development Centers Act of 1988", prior

to repeal by Pub. L. 103-252, title I, Sec. 112(b)(1), (2)(A), May

18, 1994, 108 Stat. 640, 641.

SHORT TITLE OF 1986 AMENDMENT

Pub. L. 99-425, Sec. 1, Sept. 30, 1986, 100 Stat. 966, provided:

"That this Act [enacting sections 8628a, 9812a, 9910b, and 10901 to

10905 of this title, amending sections 8621, 8623, 8624, 8629,

9803, 9834, 9835, 9837, 9840, 9862, 9867, 9871, 9874, 9877, 9901 to

9904, 9905a, 9908 to 9910, and 9910a of this title and section 4033

of Title 20, Education, enacting provisions set out as notes under

this section and sections 8621, 8623, and 10901 of this title, and

amending provisions set out as notes under section 9861 of this

title and section 1932 of Title 7, Agriculture] may be cited as the

'Human Services Reauthorization Act of 1986'."

SHORT TITLE OF 1984 AMENDMENT

Pub. L. 98-558, Sec. 1, Oct. 30, 1984, 98 Stat. 2878, provided:

"That this Act [enacting sections 9871 to 9877, 9905a, and 9910a of

this title and sections 1070d-31 to 1070d-41, 1119d to 1119d-8,

1119e to 1119e-5, and 4201 to 4206 of Title 20, Education, amending

sections 2991b, 2992b to 2992d, 6862, 6865, 8621 to 8624, 8626,

8627, 8629, 9832, 9834 to 9836, 9840, 9843, 9844, 9846, 9862, 9901,

9902, 9904, 9908, and 9910 of this title and section 4061 of Title

20, enacting provisions set out as notes under sections 2991, 8621,

and 9904 of this title, and amending provisions set out as a note

under section 9861 of this title] may be cited as the 'Human

Services Reauthorization Act'."

SHORT TITLE

Section 611 of subchapter A (Secs. 611-633) of chapter 8 of

subtitle A of title VI of Pub. L. 97-35 provided that: "This

subchapter [enacting this subchapter] may be cited as the

'Community Economic Development Act of 1981'."

Section 635 of subchapter B (Secs. 635-657) of chapter 8 of

subtitle A of title VI of Pub. L. 97-35 provided that: "This

subchapter [enacting subchapter II of this chapter] may be cited as

the 'Head Start Act'."

Section 658A(a) of subchapter C (Sec. 658A et seq.) of chapter 8

of subtitle A of title VI of Pub. L. 97-35, as added by Pub. L.

101-508, title V, Sec. 5082(2), Nov. 5, 1990, 104 Stat. 1388-236,

and amended by Pub. L. 102-401, Sec. 3(a), Oct. 7, 1992, 106 Stat.

1959; Pub. L. 102-586, Sec. 8(c)(1), Nov. 4, 1992, 106 Stat. 5036;

Pub. L. 104-193, title VI, Sec. 602(2), Aug. 22, 1996, 110 Stat.

2279, provided that: "This subchapter [enacting subchapter II-B of

this chapter] may be cited as the 'Child Care and Development Block

Grant Act of 1990'."

Section 661 of subchapter D [formerly C] (Secs. 661-670) of

chapter 8 of subtitle A of title VI of Pub. L. 97-35, as renumbered

by Pub. L. 101-508, title V, Sec. 5082(1), Nov. 5, 1990, 104 Stat.

1388-236, and amended by Pub. L. 102-401, Sec. 3(a), Oct. 7, 1992,

106 Stat. 1959; Pub. L. 102-586, Sec. 8(c)(1), Nov. 4, 1992, 106

Stat. 5036, provided that former subchapter III of this chapter

could be cited as the "Follow Through Act", prior to repeal by Pub.

L. 103-382, title III, Sec. 391(w), Oct. 20, 1994, 108 Stat. 4025.

Section 670H of subchapter E [formerly D] (Secs. 670A-670H) of

chapter 8 of subtitle A of title VI of Pub. L. 97-35, as added by

Pub. L. 99-425, title III, Sec. 304, Sept. 30, 1986, 100 Stat. 968,

renumbered by Pub. L. 101-508, title V, Sec. 5082(1), Nov. 5, 1990,

104 Stat. 1388-236, and amended by Pub. L. 102-401, Sec. 3(a), Oct.

7, 1992, 106 Stat. 1959; Pub. L. 102-586, Sec. 8(c)(1), Nov. 4,

1992, 106 Stat. 5036, provided that: "This subchapter [enacting

subchapter IV of this chapter] may be cited as the 'State Dependent

Care Development Grants Act'."

Section 670M of subchapter F [formerly E] (Secs. 670M-670T) of

chapter 8 of subtitle A of title VI of Pub. L. 97-35, as added by

Pub. L. 100-297, title II, Sec. 2503, Apr. 28, 1988, 102 Stat. 325,

renumbered by Pub. L. 101-508, title V, Sec. 5082(1), Nov. 5, 1990,

104 Stat. 1388-236, and amended by Pub. L. 102-401, Sec. 3(a), Oct.

7, 1992, 106 Stat. 1959; Pub. L. 102-586, Sec. 8(c)(1), Nov. 4,

1992, 106 Stat. 5036, provided that former subchapter V of this

chapter could be cited as the "Comprehensive Child Development

Act", prior to repeal by Pub. L. 103-252, title I, Sec. 112(b)(1),

(2)(B), May 18, 1994, 108 Stat. 640, 641.

INCONSISTENT LAWS SUPERSEDED DURING FISCAL YEARS 1982, 1983, AND

1984

Section 601 of subtitle A (Secs. 601-670) of title VI of Pub. L.

97-35 provided that:

"(a) Any provision of law which is not consistent with the

provisions of this subtitle hereby is superseded and shall have

only such force and effect during each of the fiscal years 1982,

1983, and 1984 which is consistent with this subtitle.

"(b) Notwithstanding any authorization of appropriations for

fiscal year 1982, 1983, or 1984 contained in any provision of law

which is specified in this subtitle, no funds are authorized to be

appropriated in excess of the limitations imposed upon

appropriations by the provisions of this subtitle."

-End-

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42 USC Sec. 9802 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT

-HEAD-

Sec. 9802. "Community development corporation" defined

-STATUTE-

For purposes of this subchapter, the term "community development

corporation" means a nonprofit organization responsible to

residents of the area it serves which is receiving financial

assistance under part A of this subchapter and any organization

more than 50 percent of which is owned by such an organization, or

otherwise controlled by such an organization, or designated by such

an organization for the purpose of this subchapter.

-SOURCE-

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

-End-

-CITE-

42 USC Sec. 9803 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT

-HEAD-

Sec. 9803. Repealed. Pub. L. 105-285, title II, Sec. 202(b)(1),

Oct. 27, 1998, 112 Stat. 2755

-MISC1-

Section, Pub. L. 97-35, title VI, Sec. 614, Aug. 13, 1981, 95

Stat. 489; Pub. L. 99-425, title IV, Sec. 405(c)(3), Sept. 30,

1986, 100 Stat. 970, related to source of funds for carrying out

this subchapter.

-End-

-CITE-

42 USC Sec. 9804 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT

-HEAD-

Sec. 9804. Advisory Community Investment Board

-STATUTE-

(a) National Community Investment Board; functions, composition,

etc.

(1) The President is authorized to establish a National Advisory

Community Investment Board (hereinafter in this section referred to

as the "Investment Board"). Such Investment Board shall be composed

of 15 members appointed, for staggered terms and without regard to

the civil service laws, by the President, in consultation with the

Secretary of Health and Human Services (hereinafter in this

subchapter referred to as the "Secretary"). Such members shall be

representative of the investment and business communities and

appropriate fields of endeavor related to this subchapter. The

Investment Board shall meet at the call of the chairperson, but not

less often than 3 times each year. The Secretary and the

administrator of community economic development programs shall be

ex officio members of the Investment Board.

(2) The Secretary shall carry out the provisions of this

subchapter through an appropriate office.

(b) Function

The Investment Board shall promote cooperation between private

investors and businesses and community development corporation

projects through -

(1) advising the Secretary and the community development

corporations on ways to facilitate private investment;

(2) advising businesses and other investors of opportunities in

community development corporation projects; and

(3) advising the Secretary, community development corporations,

and private investors and businesses of ways in which they might

engage in mutually beneficial efforts.

(c) Local advisory community investment boards; establishment,

composition, etc.

The governing body of each Community Development Corporation may

establish an advisory community investment board composed of not to

exceed 15 members who shall be appointed by the governing body

after consultation with appropriate local officials. Each such

board shall promote cooperation between private investors and

businesses and the governing body of the Community Development

Corporation through -

(1) advising the governing body on ways to facilitate private

investors;

(2) advising businesses and other investors of opportunities in

Community Development Corporation projects; and

(3) advising the governing body, private investors, and

businesses of ways in which they might engage in mutually

beneficial efforts.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 615, Aug. 13, 1981, 95 Stat. 489;

Pub. L. 105-285, title II, Sec. 202(b)(2), Oct. 27, 1998, 112 Stat.

2755.)

-REFTEXT-

REFERENCES IN TEXT

The civil service laws, referred to in subsec. (a)(1), are set

forth in Title 5, Government Organization and Employees. See,

particularly, section 3301 et seq. of Title 5.

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(2). Pub. L. 105-285 substituted "through an

appropriate office" for "through the Office of Community Services

established in section 9905(a) of this title".

TERMINATION OF ADVISORY BOARDS

Advisory boards established after Jan. 5, 1973, to terminate not

later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a board

established by the President or an officer of the Federal

Government, such board is renewed by appropriate action prior to

the expiration of such 2-year period, or in the case of a board

established by the Congress, its duration is otherwise provided for

by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972,

86 Stat. 770, 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-End-

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42 USC Part A - Urban and Rural Special Impact Programs 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT

Part A - Urban and Rural Special Impact Programs

-HEAD-

PART A - URBAN AND RURAL SPECIAL IMPACT PROGRAMS

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 9802, 9819 of this title;

title 15 section 632.

-End-

-CITE-

42 USC Sec. 9805 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT

Part A - Urban and Rural Special Impact Programs

-HEAD-

Sec. 9805. Statement of purpose

-STATUTE-

The purpose of this part is to establish special programs of

assistance to nonprofit private locally initiated community

development corporations which (1) are directed to the solution of

the critical problems existing in particular communities or

neighborhoods (defined without regard to political or other

subdivisions or boundaries) within those urban and rural areas

having concentrations or substantial numbers of low-income persons;

(2) are of sufficient size, scope, and duration to have an

appreciable impact in such communities, neighborhoods, and rural

areas in arresting tendencies toward dependency, chronic

unemployment, and community deterioration; (3) hold forth the

prospect of continuing to have such impact after the termination of

financial assistance under this part; and (4) provide financial and

other assistance to start, expand, or locate enterprises in or near

the area to be served so as to provide employment and ownership

opportunities for residents of such areas, including those who are

disadvantaged in the labor market because of their limited

speaking, reading, and writing abilities in the English language.

-SOURCE-

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

-End-

-CITE-

42 USC Sec. 9806 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT

Part A - Urban and Rural Special Impact Programs

-HEAD-

Sec. 9806. Establishment and scope of programs

-STATUTE-

(a) The Secretary is authorized to provide financial assistance

in the form of grants to nonprofit and for profit community

development corporations and other affiliated and supportive

agencies and organizations associated with qualifying community

development corporations for the payment of all or part of the cost

of programs which are designed to carry out the purposes of this

part. Financial assistance shall be provided so that each community

economic development program is of sufficient size, scope, and

duration to have an appreciable impact on the area served. Such

programs may include -

(1) community business and commercial development programs,

including (A) programs which provide financial and other

assistance (including equity capital) to start, expand, or locate

businesses in or near the area served so as to provide employment

and ownership opportunities for residents of such areas; and (B)

programs for small businesses located in or owned by residents of

such areas;

(2) community physical development programs, including

industrial parks and housing activities, which contribute to an

improved environment and which create new training, employment

and ownership opportunities for residents of such area;

(3) training and public service employment programs and related

services for unemployed or low-income persons which support and

complement community development programs financed under this

part, including, without limitation, activities such as the

activities described in title I of the Workforce Investment Act

of 1998 [29 U.S.C. 2801 et seq.]; and

(4) social service programs which support and complement

community business and commercial development programs financed

under this part, including child care, educational services,

health services, credit counseling, energy conservation,

recreation services, and programs for the maintenance of housing

facilities.

(b) The Secretary shall conduct programs assisted under this part

so as to contribute, on an equitable basis between urban and rural

areas, to the elimination of poverty and the establishment of

permanent economic and social benefits in such areas.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 617, Aug. 13, 1981, 95 Stat. 491;

Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 405(d)(40),

(f)(31)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-427, 2681-434.)

-REFTEXT-

REFERENCES IN TEXT

The Workforce Investment Act of 1998, referred to in subsec.

(a)(3), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as

amended. Title I of the Act is classified principally to chapter 30

(Sec. 2801 et seq.) of Title 29, Labor. For complete classification

of this Act to the Code, see Short Title note set out under section

9201 of Title 20, Education, and Tables.

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(3). Pub. L. 105-277, Sec. 101(f) [title VIII,

Sec. 405(f)(31)], struck out "the Job Training Partnership Act or"

after "activities described in".

Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(d)(40)],

substituted "activities such as the activities described in the Job

Training Partnership Act or title I of the Workforce Investment Act

of 1998" for "activities such as those described in the

Comprehensive Employment and Training Act".

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by section 101(f) [title VIII, Sec. 405(d)(40)] of Pub.

L. 105-277 effective Oct. 21, 1998, and amendment by section 101(f)

[title VIII, Sec. 405(f)(31)] of Pub. L. 105-277 effective July 1,

2000, see section 101(f) [title VIII, Sec. 405(g)(1), (2)(B)] of

Pub. L. 105-277, set out as a note under section 3502 of Title 5,

Government Organization and Employees.

-End-

-CITE-

42 USC Sec. 9807 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT

Part A - Urban and Rural Special Impact Programs

-HEAD-

Sec. 9807. Financial assistance requirements

-STATUTE-

(a) Conditions

The Secretary, under such regulations as the Secretary may

establish, shall not provide financial assistance for any community

economic development program under this part unless the Secretary

determines that -

(1) such community development corporation is responsible to

residents of the area served (A) through a governing body not

less than 50 percent of the members of which are area residents;

and (B) in accordance with such other guidelines as may be

established by the Secretary, except that the composition of the

governing bodies of organizations owned or controlled by the

community development corporation need not be subject to such

residency requirement;

(2) the program will be appropriately coordinated with local

planning under this subchapter with housing and community

development programs, with employment and training programs, and

with other relevant planning for physical and human resources in

the areas served;

(3) adequate technical assistance is made available and

committed to the programs being supported;

(4) such financial assistance will materially further the

purposes of this part;

(5) the applicant is fulfilling or will fulfill a need for

services, supplies, or facilities which is otherwise not being

met;

(6) all projects and related facilities will, to the maximum

feasible extent, be located in the areas served;

(7) projects will, where feasible, promote the development of

entrepreneurial and management skills and the ownership or

participation in ownership of assisted businesses and housing,

cooperatively or otherwise, by residents of the area served;

(8) projects will be planned and carried out with the fullest

possible participation of resident or local businessmen and

representatives of financial institutions, including

participation through contract, joint venture, partnership, stock

ownership or membership on the governing boards or advisory

councils of such projects consistent with the self-help purposes

of this subchapter;

(9) no participant will be employed on projects involving

political parties, or the construction, operation, or maintenance

of so much of any facility as is used or to be used for sectarian

instruction or as a place for religious worship;

(10) the program will not result in the displacement of

employed workers or impair existing contracts for services, or

result in the substitution of Federal or other funds in

connection with work that would otherwise be performed;

(11) the rates of pay for time spent in work training and

education, and other conditions of employment, will be

appropriate and reasonable in the light of such factors as the

type of work, geographical region, and proficiency of the

participant;

(12) the program will, to the maximum extent feasible,

contribute to the occupational development or upward mobility of

individual participants;

(13) preference will be given to low-income or economically

disadvantaged residents of the areas served in filling jobs and

training opportunities; and

(14) training programs carried out in connection with projects

financed under this part shall be designed wherever feasible to

provide those persons who successfully complete such training

with skills which are also in demand in communities,

neighborhoods, or rural areas other than those for which programs

are established under this part.

(b) Relocations substantially increasing unemployment

Financial assistance under this section shall not be extended to

assist in the relocation of establishments from one location to

another if such relocation would result in a substantial increase

in unemployment in the area of original location.

(c) Community economic development program; application;

specification of goals

Financial assistance for commercial development under this part

shall not be extended until the community economic development

program that has applied for assistance under this subchapter has

specified in some detail its development goals and its development

timetable. The Secretary, in providing continued financial

assistance to a community economic development program, shall give

serious consideration to the experience such program has had in

meeting development goals or in adhering to development timetables.

-SOURCE-

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

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9808 of this title.

-End-

-CITE-

42 USC Sec. 9808 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT

Part A - Urban and Rural Special Impact Programs

-HEAD-

Sec. 9808. Federal share; amount; availability; ownership of

property acquired with Federal financial assistance

-STATUTE-

(a)(1) Assistance provided under this subchapter to any program

described in section 9807(a) of this title shall not exceed 90

percent of the cost of such program, including costs of

administration, unless the Secretary determines that the assistance

in excess of such percentage is required in furtherance of the

purposes of this subchapter. Non-Federal contributions may be in

cash or in kind, fairly evaluated, including but not limited to

plant, equipment, and services.

(2) The assistance referred to in paragraph (1) shall be made

available (A) for deposit to the order of grantees which have

demonstrated successful program performance, under conditions which

the Secretary deems appropriate, within 30 days following approval

of the grant agreement by the Secretary and such grantee; or (B)

whenever the Secretary deems appropriate, in accordance with

applicable rules and regulations prescribed by the Secretary of the

Treasury, and including any other conditions which the Secretary of

Health and Human Services deems appropriate, within 30 days

following approval of the grant agreement by the Secretary and such

grantee.

(b) Property acquired as a result of capital investments made by

any community development corporation with funds granted as its

Federal share of the cost of programs carried out under this

subchapter, and the proceeds from such property, shall become the

property of the community development corporation and shall not be

considered to be Federal property. The Federal Government retains

the right to direct that on severance of the grant relationship the

assets purchased with grant funds shall continue to be used for the

original purpose for which they were granted.

-SOURCE-

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

-End-

-CITE-

42 USC Part B - Special Rural Programs 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT

Part B - Special Rural Programs

-HEAD-

PART B - SPECIAL RURAL PROGRAMS

-End-

-CITE-

42 USC Sec. 9809 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT

Part B - Special Rural Programs

-HEAD-

Sec. 9809. Statement of purpose

-STATUTE-

It is the purpose of this part to meet the special economic needs

of rural communities or areas with concentrations or substantial

numbers of low-income persons by providing support to self-help

programs which promote economic development and independence, as a

supplement to existing similar programs conducted by other

departments and agencies of the Federal Government. Such programs

should encourage low-income families to pool their talents and

resources so as to create and expand rural economic enterprise.

-SOURCE-

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

-End-

-CITE-

42 USC Sec. 9810 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT

Part B - Special Rural Programs

-HEAD-

Sec. 9810. Financial assistance to low-income families, local

cooperative associations, and local public or private nonprofit

organizations or entities; amount, purposes, etc.

-STATUTE-

(a) The Secretary is authorized to provide financial assistance,

including loans having a maximum maturity of fifteen years and in

amounts not resulting in an aggregate principal indebtedness of

more than $3,500 at any one time, to any low-income rural family

where, in the judgment of the Secretary, such financial assistance

has a reasonable possibility of effecting a permanent increase in

the income of such families, or will contribute to the improvement

of their living or housing conditions, by assisting or permitting

them to -

(1) acquire or improve real estate or reduce encumbrances or

erect improvements thereon;

(2) operate or improve the operation of farms not larger than

family sized, including but not limited to the purchase of feed,

seed, fertilizer, livestock, poultry, and equipment; or

(3) participate in cooperative associations, or finance

nonagricultral (!1) enterprises which will enable such families

to supplement their income.

(b) The Secretary is authorized to provide financial assistance

to local cooperative associations or local public and private

nonprofit organizations or agencies in rural areas containing

concentrations or substantial numbers of low-income persons for the

purpose of defraying all or part of the costs of establishing and

operating cooperative programs for farming, purchasing, marketing,

processing, and to improve their income as producers and their

purchasing power as consumers, and to provide such essentials as

credit and health services. Costs which may be defrayed shall

include -

(1) administrative costs of staff and overhead;

(2) costs of planning and developing new enterprises;

(3) costs of acquiring technical assistance; and

(4) initial capital where it is determined by the Secretary

that the poverty of the families participating in the program and

the social conditions of the rural area require such assistance.

-SOURCE-

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

-FOOTNOTE-

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

-End-

-CITE-

42 USC Sec. 9811 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT

Part B - Special Rural Programs

-HEAD-

Sec. 9811. Limitation on assistance

-STATUTE-

No financial assistance shall be provided under this part unless

the Secretary determines that -

(1) any cooperative association receiving assistance has a

minimum of fifteen active members, a majority of which are

low-income rural persons;

(2) adequate technical assistance is made available and

committed to the programs being supported;

(3) such financial assistance will materially further the

purposes of this part; and

(4) the applicant is fulfilling or will fulfill a need for

services, supplies, or facilities which is otherwise not being

met.

-SOURCE-

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

-End-

-CITE-

42 USC Part C - Development Loans to Community Economic

Development Programs 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT

Part C - Development Loans to Community Economic Development

Programs

-HEAD-

PART C - DEVELOPMENT LOANS TO COMMUNITY ECONOMIC DEVELOPMENT

PROGRAMS

-End-

-CITE-

42 USC Sec. 9812 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT

Part C - Development Loans to Community Economic Development

Programs

-HEAD-

Sec. 9812. Development loan fund

-STATUTE-

(a) Authorities, scope, and purposes; conditions; interest rate;

repayment

The Secretary is authorized to make or guarantee loans (either

directly or in cooperation with banks or other organizations

through agreements to participate on an immediate or deferred

basis) to community development corporations, to families and local

cooperatives and the designated supportive organizations of

cooperatives eligible for financial assistance under this

subchapter, to private nonprofit organizations receiving assistance

under chapter 106 of this title, or to public and private nonprofit

organizations or agencies, for business facilities and community

development projects, including community development credit

unions, which the Secretary determines will carry out the purposes

of this part. No loans, guarantees, or other financial assistance

shall be provided under this section unless the Secretary

determines that -

(1) there is reasonable assurance of repayment of the loan;

(2) the loan is not otherwise available on reasonable terms

from private sources or other Federal, State, or local programs;

and

(3) the amount of the loan, together with other funds

available, is adequate to assure completion of the project or

achievement of the purposes for which the loan is made.

Loans made by the Secretary pursuant to this section shall bear

interest at a rate not less than a rate determined by the Secretary

of the Treasury taking into consideration the average market yield

on outstanding Treasury obligations of comparable maturity, plus

such additional charge, if any, toward covering other costs of the

program as the Secretary of Health and Human Services may determine

to be consistent with its purposes, except that, for the 5 years

following the date in which funds are initially available to the

borrower, the rate of interest shall be set at a rate considered

appropriate by the Secretary in light of the particular needs of

the borrower, which rate shall not be lower than 1 percent. All

such loans shall be repayable within a period of not more than 30

years.

(b) Adjustment of interest rates, moratorium on principal and

interest, etc.

The Secretary is authorized to adjust interest rates, grant

moratoriums on repayment of principal and interest, collect or

compromise any obligations held by the Secretary, and to take such

other actions in respect to such loans as the Secretary shall

determine to be necessary or appropriate, consistent with the

purposes of this section.

(c) Establishment, funding, etc.

(1) To carry out the lending and guaranty functions authorized

under this part, there shall be established a Development Loan Fund

consisting of two separate accounts, one of which shall be a

revolving fund called the Rural Development Loan Fund and the other

of which shall be a revolving fund called the Community Development

Loan Fund. The capital of each such revolving fund shall remain

available until expended.

(2) The Rural Development Loan Fund shall consist of the

remaining funds provided for in part A of title III of the Economic

Opportunity Act of 1964 [42 U.S.C. 2841 et seq.], as in effect on

September 19, 1972, and such amounts as may be deposited in such

fund by the Secretary out of funds made available from

appropriations for purposes of carrying out this part. The

Secretary shall utilize the services of the Farmers Home

Administration,(!1) or the Rural Development Administration in

administering such fund.

(3) The Community Development Loan Fund shall consist of such

amounts as may be deposited in such fund by the Secretary out of

funds made available from appropriations for purposes of carrying

out this subchapter. The Secretary may make deposits in the

Community Development Loan Fund in any fiscal year in which the

Secretary has made available for grants to community development

corporations under this subchapter not less than $60,000,000 out of

funds made available from appropriations for purposes of carrying

out this subchapter.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 623, Aug. 13, 1981, 95 Stat. 494;

Pub. L. 101-624, title XXIII, Sec. 2303(f)(1), Nov. 28, 1990, 104

Stat. 3981.)

-REFTEXT-

REFERENCES IN TEXT

Chapter 106 of this title, referred to in subsec. (a), was in the

original "subtitle B of this title", meaning subtitle B (Sec. 671

et seq.) of title VI of Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 511,

as amended, known as the Community Services Block Grant Act, which

is classified generally to chapter 106 (Sec. 9901 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 9901 of this title and

Tables.

The Economic Opportunity Act of 1964, referred to in subsec.

(c)(2), is Pub. L. 88-452, Aug. 20, 1964, 78 Stat. 508, as amended.

Part A of title III of the Economic Opportunity Act of 1964 was

classified generally to part A (Sec. 2841 et seq.) of subchapter

III of chapter 34 of this title prior to repeal by Pub. L. 97-35,

title VI, Sec. 683(a), Aug. 13, 1981, 95 Stat. 519. For complete

classification of this Act to the Code, see Tables.

-MISC1-

AMENDMENTS

1990 - Subsec. (c)(2). Pub. L. 101-624 inserted ", or the Rural

Development Administration" after "Farmers Home Administration".

-TRANS-

TRANSFER OF FUNCTIONS

Functions relating to administration of Community Development

Credit Union Revolving Loan Fund transferred from Secretary of

Health and Human Services to National Credit Union Administration

Board by Pub. L. 99-609, set out as a note under section 9822 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9812a, 9822 of this

title.

-FOOTNOTE-

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

-End-

-CITE-

42 USC Sec. 9812a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT

Part C - Development Loans to Community Economic Development

Programs

-HEAD-

Sec. 9812a. Interest rates payable on certain rural development

loans; assignment of loan contracts

-STATUTE-

(a) Modification of interest rates

Notwithstanding any other provision of law -

(1) any outstanding loan made after December 31, 1982, by the

Secretary of Health and Human Services; or

(2) any loan made after September 30, 1986;

with moneys from the Rural Development Loan Fund established by

section 9812(c)(1) of this title or with funds available (before

October 27, 1998) under section 9910(a) of this title (as in effect

before October 27, 1998) to an intermediary borrower shall bear

interest at a fixed rate equal to the rate of interest that was in

effect on the date of issuance for loans made in 1980 with such

moneys or such funds if the weighted average rate of interest for

all loans made after December 31, 1982, by such intermediary

borrower with such moneys or such funds does not exceed the sum of

6 percent and the rate of interest payable under this subsection by

such intermediary borrower.

(b) Assignment of certain loan contracts

Any contract for a loan made during the period beginning on

December 31, 1982, and ending on September 30, 1986, with -

(1) moneys from the Rural Development Loan Fund established by

section 9812(c)(1) of this title; or

(2) funds available (before October 27, 1998) under section

9910(a) of this title (as in effect before October 27, 1998);

to an intermediary borrower that is a county government may be

assigned by such borrower to an entity to which such loan could

have been made for the purpose for which such contract was made.

Any entity to which such contract is so assigned shall be

substituted as a party to such contract and shall be obligated to

carry out such contract and the purpose for which such contract was

made.

-SOURCE-

(Pub. L. 99-425, title IV, Sec. 407(a), (b), Sept. 30, 1986, 100

Stat. 971; Pub. L. 105-285, title II, Sec. 202(c), Oct. 27, 1998,

112 Stat. 2755.)

-REFTEXT-

REFERENCES IN TEXT

Section 9910 of this title, referred to in subsecs. (a) and

(b)(2), was in the original a reference to section 681 of Pub. L.

97-35. Section 681 of Pub. L. 97-35 was omitted, and a new section

681 enacted, in the general amendment of chapter 106 of this title

by Pub. L. 105-285, title II, Sec. 201, Oct. 27, 1998, 112 Stat.

2728. The new section 681 is classified to section 9922 of this

title.

-COD-

CODIFICATION

Section was enacted as part of the Human Services Reauthorization

Act of 1986, and not as part of the Community Economic Development

Act of 1981 which comprises this subchapter.

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-285, Sec. 202(c)(1), in

concluding provisions, inserted "(before October 27, 1998)" after

"funds available" and "(as in effect before October 27, 1998)"

after "9910(a) of this title".

Subsec. (b)(2). Pub. L. 105-285, Sec. 202(c)(2), inserted

"(before October 27, 1998)" after "funds available" and "(as in

effect before October 27, 1998)" after "9910(a) of this title".

EFFECTIVE DATE

Section effective Oct. 1, 1986, see section 1001 of Pub. L.

99-425, set out as an Effective Date of 1986 Amendment note under

section 8621 of this title.

TRANSFER OF LOAN BY UTAH OR OHIO LOCAL PUBLIC BODY TO NONPROFIT

CORPORATION

Pub. L. 99-500, Sec. 101(a) [title VI, Sec. 640], Oct. 18, 1986,

100 Stat. 1783, 1783-35, and Pub. L. 99-591, Sec. 101(a) [title VI,

Sec. 640], Oct. 30, 1986, 100 Stat. 3341, 3341-35, purported to

amend section 623B(b)(2) of the Community Economic Development Act

of 1981, a nonexistent section of that Act (Pub. L. 99-35, title

VI, Sec. 611 et seq.), by adding at the end thereof the following

new sentence: "Notwithstanding any other provision of law, any Utah

or Ohio local public body to which a loan was made after December

31, 1982, from the Rural Development Loan Fund may, at the

discretion of such local public body and with the approval of the

Secretary of Health and Human Services, transfer such loan to a

nonprofit corporation designated by such body to serve as an

intermediate borrower and to carry out the purposes of the loan."

-End-

-CITE-

42 USC Sec. 9813 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT

Part C - Development Loans to Community Economic Development

Programs

-HEAD-

Sec. 9813. Model Community Economic Development Finance

Corporation; establishment; functions

-STATUTE-

To the extent he deems appropriate, the Secretary shall utilize

funds available under this part to prepare a plan of action for the

establishment of a Model Community Economic Development Finance

Corporation to provide a user-controlled independent and

professionally operated long-term financing vehicle with the

principal purpose of providing financial support for community

economic development corporations, cooperatives, other affiliated

and supportive agencies and organizations associated with community

economic development corporations, and other entities eligible for

assistance under this subchapter.

-SOURCE-

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

-End-

-CITE-

42 USC Part D - Supportive Programs and Activities 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT

Part D - Supportive Programs and Activities

-HEAD-

PART D - SUPPORTIVE PROGRAMS AND ACTIVITIES

-End-

-CITE-

42 USC Sec. 9814 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT

Part D - Supportive Programs and Activities

-HEAD-

Sec. 9814. Training and technical assistance

-STATUTE-

(a) Grants, contracts, and other arrangements; preconditions

The Secretary shall provide, directly or through grants,

contracts, or other arrangements, such technical assistance and

training of personnel as may be required to effectively implement

the purposes of this subchapter. No financial assistance shall be

provided to any public or private organization under this section

unless the Secretary provides the beneficiaries of these services

with opportunity to participate in the selection of and to review

the quality and utility of the services furnished them by such

organization.

(b) Technical assistance to community development corporations and

urban and rural cooperatives

Technical assistance to community development corporations and

both urban and rural cooperatives may include planning, management,

legal assistance or support, preparation of feasibility studies,

product development, marketing, and the provision of stipends to

encourage skilled professionals to engage in full-time activities

under the direction of a community organization financially

assisted under this subchapter.

(c) Training for employees of community development corporations

and employees and members of urban and rural cooperatives

Training for employees of community development corporations and

for employees and members of urban and rural cooperatives shall

include on-the-job training, classroom instruction, and

scholarships to assist them in development, managerial,

entrepreneurial, planning, and other technical and organizational

skills which will contribute to the effectiveness of programs

assisted under this subchapter.

-SOURCE-

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

-End-

-CITE-

42 USC Sec. 9815 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT

Part D - Supportive Programs and Activities

-HEAD-

Sec. 9815. Small Business Administration and Department of Commerce

economic development programs; regulations

-STATUTE-

(a)(1) Funds granted under this subchapter which are invested

directly or indirectly, in a small investment company, local

development company, limited small business investment company, or

small business investment company licensee under section 681(d)

(!1) of title 15 shall be included as "private paid-in capital and

paid-in surplus", "combined paid-in capital and paid-in surplus",

and "paid-in capital" for purposes of sections 682, 683, and 696,

respectively, of title 15.

(2) Not later than 90 days after August 13, 1981, the

Administrator of the Small Business Administration, after

consultation with the Secretary, shall promulgate regulations to

ensure the availability to community development corporations of

such programs as shall further the purposes of this subchapter,

including programs under section 637(a) of title 15.

(b)(1) Areas selected for assistance under this subchapter shall

be deemed "redevelopment areas" within the meaning of section 401

of the Publc (!2) Works and Economic Development Act of 1965,(!1)

shall qualify for assistance under the provisions of title I and

title II of such Act, and shall be deemed to have met the overall

economic development program requirements of section 202(b)(10) of

such Act.

(2) Not later than 90 days after August 13, 1981, the Secretary

of Commerce shall prescribe regulations which will ensure that

community development corporations and cooperatives shall qualify

for assistance and shall be eligible to receive such assistance

under all such programs of the Economic Development Administration

as shall further the purposes of this subchapter.

-SOURCE-

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

-REFTEXT-

REFERENCES IN TEXT

Section 681(d) of title 15, referred to in subsec. (a)(1), was

repealed by Pub. L. 104-208, div. D, title II, Sec. 208(b)(3)(A),

Sept. 30, 1996, 110 Stat. 3009-742.

The Public Works and Economic Development Act of 1965, referred

to in subsec. (b)(1), is Pub. L. 89-136, Aug. 26, 1965, 79 Stat.

552, as amended. Titles I to VI of the Act of 1965 were repealed

and new titles I to VI were enacted by Pub. L. 105-393, title I,

Sec. 102(a), Nov. 13, 1998, 112 Stat. 3597. As so enacted, section

401 of the Act no longer defines "redevelopment areas" and section

202 of the Act no longer contains a subsec. (b). For complete

classification of this Act to the Code, see Short Title note set

out under section 3121 of this title and Tables.

-FOOTNOTE-

(!1) See References in Text note below.

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

-End-

-CITE-

42 USC Sec. 9816 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT

Part D - Supportive Programs and Activities

-HEAD-

Sec. 9816. Department of Housing and Urban Development programs

-STATUTE-

The Secretary of Housing and Urban Development, after

consultation with the Secretary, shall take all necessary steps to

assist community development corporations and local cooperative

associations to qualify for and receive (1) such assistance in

connection with technical assistance, counseling to tenants and

homeowners, and loans to sponsors of low-income and moderate-income

housing under section 106 of the Housing and Urban Development Act

of 1968 [12 U.S.C. 1701x], as amended by section 811 of the Housing

and Community Development Act of 1974; (2) such land for housing

and business location and expansion under title I of the Housing

and Community Development Act of 1974 [42 U.S.C. 5301 et seq.]; and

(3) such funds for comprehensive planning under section 701 of the

Housing Act of 1954,(!1) as amended by section 401 of the Housing

and Community Development Act of 1974, as shall further the

purposes of this subchapter.

-SOURCE-

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

-REFTEXT-

REFERENCES IN TEXT

Section 811 of the Housing and Community Development Act of 1974,

referred to in text, is section 811 of Pub. L. 93-383, title VIII,

Aug. 22, 1974, 88 Stat. 735, which amended section 1701x of Title

12, Banks and Banking.

The Housing and Community Development Act of 1974, referred to in

text, is Pub. L. 93-383, Aug. 22, 1974, 88 Stat. 633, as amended.

Title I of the Housing and Community Development Act of 1974 is

classified principally to chapter 69 (Sec. 5301 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 5301 of this title and

Tables.

Section 701 of the Housing Act of 1954, referred to in text, is

section 701 of act Aug. 2, 1954, ch. 649, 68 Stat. 640, as amended,

which was classified to section 461 of former Title 40, Public

Buildings, Property, and Works, and was repealed by Pub. L. 97-35,

title III, 313(b), Aug. 13, 1981, 95 Stat. 398.

Section 401 of the Housing and Community Development Act of 1974,

referred to in text, is section 401 of Pub. L. 93-383, title IV,

Aug. 22, 1974, 88 Stat. 686, subsecs. (a) and (b) of which amended

section 461 of former Title 40, Public Buildings, Property, and

Works, prior to its repeal by Pub. L. 97-35, and subsec. (c) of

which amended section 460 of former Title 40.

-MISC1-

CAPACITY BUILDING FOR COMMUNITY DEVELOPMENT AND AFFORDABLE HOUSING

Pub. L. 103-120, Sec. 4, Oct. 27, 1993, 107 Stat. 1148, as

amended by Pub. L. 105-18, title II, Sec. 10004, June 12, 1997, 111

Stat. 201, provided that:

"(a) In General. - The Secretary is authorized to provide

assistance through the National Community Development Initiative,

Local Initiatives Support Corporation, The Enterprise Foundation,

Habitat for Humanity, and Youthbuild USA to develop the capacity

and ability of community development corporations and community

housing development organizations to undertake community

development and affordable housing projects and programs.

"(b) Form of Assistance. - Assistance under this section may be

used for -

"(1) training, education, support, and advice to enhance the

technical and administrative capabilities of community

development corporations and community housing development

organizations;

"(2) loans, grants, or predevelopment assistance to community

development corporations and community housing development

organizations to carry out community development and affordable

housing activities that benefit low-income families; and

"(3) such other activities as may be determined by the National

Community Development Initiative, Local Initiatives Support

Corporation, The Enterprise Foundation, Habitat for Humanity, and

Youthbuild USA in consultation with the Secretary.

"(c) Matching Requirement. - Assistance provided under this

section shall be matched from private sources in an amount equal to

3 times the amount made available under this section.

"(d) Implementation. - The Secretary shall by notice establish

such requirements as may be necessary to carry out the provisions

of this section. The notice shall take effect upon issuance.

"(e) Authorization. - There are authorized to be appropriated

$25,000,000 for fiscal year 1994 to carry out this section."

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 9817 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT

Part D - Supportive Programs and Activities

-HEAD-

Sec. 9817. Department of Agriculture; Rural Development

Administration programs

-STATUTE-

The Secretary of Agriculture or, where appropriate, the

Administrator of the Farmers Home Administration, or of the Rural

Development Administration, after consultation with the Secretary

of Health and Human Services, shall take all necessary steps to

ensure that community development corporations and local

cooperative associations shall qualify for and shall receive -

(1) such assistance in connection with housing development

under the Housing Act of 1949, as amended [42 U.S.C. 1441 et

seq.];

(2) such assistance in connection with housing, business,

industrial, and community development under the Consolidated

Farmers Home Administration Act of 1961 [7 U.S.C. 1921 et seq.]

and the Rural Development Act of 1972; and

(3) such further assistance under all such programs of the

United States Department of Agriculture; as shall further the

purposes of this subchapter.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 628, Aug. 13, 1981, 95 Stat. 497;

Pub. L. 101-624, title XXIII, Sec. 2303(f)(2), Nov. 28, 1990, 104

Stat. 3981.)

-REFTEXT-

REFERENCES IN TEXT

The Housing Act of 1949, referred to in par. (1), is act July 15,

1949, ch. 338, 63 Stat. 413, as amended, which is classified

principally to chapter 8A (Sec. 1441 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 1441 of this title and Tables.

The Consolidated Farmers Home Administration Act of 1961,

referred to in par. (2), is title III of Pub. L. 87-128, Aug. 8,

1961, 75 Stat. 307, as amended, which was redesignated the

Consolidated Farm and Rural Development Act by Pub. L. 92-419, Sec.

101, Aug. 30, 1972, 86 Stat. 657, and is classified principally to

chapter 50 (Sec. 1921 et seq.) of Title 7, Agriculture. For

complete classification of this Act to the Code, see Short Title

note set out under section 1921 of Title 7 and Tables.

The Rural Development Act of 1972, referred to in par. (2), is

Pub. L. 92-419, Aug. 30, 1972, 86 Stat. 657, as amended. For

complete classification of this Act to the Code, see Short Title of

1972 Amendment note set out under section 1921 of Title 7.

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-624 substituted "Department of Agriculture;

Rural Development Administration programs" for "Department of

Agriculture and Farmers Home Administration programs" in section

catchline and inserted ", or of the Rural Development

Administration" after "of the Farmers Home Administration" in text.

-End-

-CITE-

42 USC Sec. 9818 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT

Part D - Supportive Programs and Activities

-HEAD-

Sec. 9818. Coordination and eligibility

-STATUTE-

(a) The Secretary shall take all necessary and appropriate steps

to encourage Federal departments and agencies and State and local

governments to make grants, provide technical assistance, enter

into contracts, and generally support and cooperate with community

development corporations and local cooperative associations.

(b) Eligibility for assistance under other Federal programs shall

not be denied to any applicant on the ground that it is a community

development corporation or any other entity assisted under this

subchapter.

-SOURCE-

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

-End-

-CITE-

42 USC Sec. 9819 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT

Part D - Supportive Programs and Activities

-HEAD-

Sec. 9819. Evaluation of programs; implementation and funding,

etc.; research and demonstration projects; implementation and

purposes

-STATUTE-

(a) Each program for which grants are made under this subchapter

shall provide for a thorough evaluation of the effectiveness of the

program in achieving its purposes, which evaluation shall be

conducted by such public or private organizations as the Secretary

in consultation with existing grantees familiar with programs

carried out under the Community Services Block Grant Act [42 U.S.C.

9901 et seq.] may designate, and all or part of the costs of

evaluation may be paid from funds appropriated to carry out this

part. In evaluating the performance of any community development

corporation funded under part A of this subchapter, the criteria

for evaluation shall be based upon such program objectives, goals,

and priorities as are consistent with the purposes of this

subchapter and were set forth by such community development

corporation in its proposal for funding as approved and agreed upon

by or as subsequently modified from time to time by mutual

agreement between the Secretary and such community development

corporation.

(b) The Secretary shall conduct, either directly or through

grants or other arrangements, research and demonstration projects

designed to suggest new programs and policies to achieve the

purposes of this subchapter in such ways as to provide

opportunities for employment, ownership, and a better quality of

life for low-income residents.

-SOURCE-

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

-REFTEXT-

REFERENCES IN TEXT

The Community Services Block Grant Act, referred to in subsec.

(a), is subtitle B (Sec. 671 et seq.) of title VI of Pub. L. 97-35,

Aug. 13, 1981, 95 Stat. 511, as amended, which is classified

generally to chapter 106 (Sec. 9901 et seq.) of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 9901 of this title and Tables.

-End-

-CITE-

42 USC Sec. 9820 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT

Part D - Supportive Programs and Activities

-HEAD-

Sec. 9820. Grants to plan economic development and cooperative

programs

-STATUTE-

In order to facilitate the purposes of this subchapter, the

Secretary is authorized to provide financial assistance to any

public or private nonprofit agency or organization for planning of

community economic development programs and cooperative programs

under this subchapter.

-SOURCE-

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

-End-

-CITE-

42 USC Sec. 9821 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT

Part D - Supportive Programs and Activities

-HEAD-

Sec. 9821. Nondiscrimination provisions

-STATUTE-

(a) The Secretary shall not provide financial assistance for any

program, project, or activity under this subchapter unless the

grant or contract with respect thereto specifically provides that

no person with responsibilities in the operation thereof will

discriminate with respect to any such program, project, or activity

because of race, creed, color, national origin, sex, political

affiliation, or beliefs.

(b) No person in the United States shall on the ground of sex be

excluded from participation in, be denied the benefits of, be

subjected to discrimination under, or be denied employment in

connection with any program or activity receiving assistance under

this subchapter. The Secretary shall enforce the provisions of the

preceding sentence in accordance with section 2000d-1 of this

title. Section 2000d-2 of this title shall apply with respect to

any action taken by the Secretary to enforce such sentence. This

section shall not be construed as affecting any other legal remedy

that a person may have if such person is excluded from

participation in, denied the benefits of, subjected to

discrimination under, or denied employment in connection with, any

program, project, or activity receiving assistance under this

subchapter.

-SOURCE-

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

-End-

-CITE-

42 USC Sec. 9822 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT

Part D - Supportive Programs and Activities

-HEAD-

Sec. 9822. Availability of certain appropriated funds

-STATUTE-

Funds appropriated to the Rural Development Loan Fund under title

VII of the Economic Opportunity Act of 1964 [42 U.S.C. 2981 et

seq.] (as in effect on August 12, 1981), and interest accumulated

in such fund, shall be deposited in the Rural Development Loan Fund

established under section 9812(c)(1) of this title and shall

continue to be available to carry out the purposes of such fund.

Funds appropriated to the Community Development Credit Union

Revolving Loan Fund under title VII of the Economic Opportunity Act

of 1964 (as in effect on August 12, 1981), and interest accumulated

in such fund, shall continue to be available to carry out the

purposes of such fund.

-SOURCE-

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

-REFTEXT-

REFERENCES IN TEXT

The Economic Opportunity Act of 1964, referred to in text, is

Pub. L. 88-452, Aug. 20, 1964, 78 Stat. 508, as amended. Title VII

of the Economic Opportunity Act of 1964 was classified generally to

subchapter VII (Sec. 2981 et seq.) of chapter 34 of this title,

prior to repeal by Pub. L. 97-35, title VI, Sec. 683(a), Aug. 13,

1981, 95 Stat. 519. For complete classification of this Act to the

Code, see Tables.

-COD-

CODIFICATION

"August 12, 1981" substituted in text for "the day before the

date of the enactment of this Act".

-MISC1-

TRANSFER OF COMMUNITY DEVELOPMENT CREDIT UNION REVOLVING LOAN FUND

Pub. L. 99-609, Nov. 6, 1986, 100 Stat. 3475, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Community Development Credit Union

Revolving Loan Fund Transfer Act'.

"SEC. 2. TRANSFER OF COMMUNITY DEVELOPMENT CREDIT UNION REVOLVING

LOAN FUND.

"(a) Administration of Fund by NCUA. -

"(1) In general. - Beginning on the date of the enactment of

this Act [Nov. 6, 1986], the National Credit Union Administration

Board shall administer the Community Development Credit Union

Revolving Loan Fund.

"(2) Transfer of authority. - All authority to carry out the

purposes of the Fund and to prescribe regulations in connection

with the administration of the Fund which, on the day before the

date of the enactment of this Act, was vested in the Secretary of

Health and Human Services shall vest on such date in the Board.

Except as provided in subsection (c), the Secretary shall have no

further responsibility with respect to the Fund.

"(b) Continued Availability of Appropriated Funds. - All funds

appropriated to the Fund and interest accumulated in the Fund which

continue to be available under section 633 of the Omnibus Budget

Reconciliation Act of 1981 [42 U.S.C. 9822] shall continue to be

available to the Board to carry out the purposes of the Fund.

"(c) Transfer of Assets; Etc. - The Secretary shall transfer to

the National Credit Union Administration all assets, liabilities,

grants, contracts, property, records, and funds held, used, arising

from, or available to the Secretary in connection with the

administration of the Fund before the end of the 60-day period

beginning on the date of the enactment of this Act [Nov. 6, 1986].

"(d) Savings Provisions. -

"(1) Regulations. - Any regulations prescribed by the Secretary

in connection with the administration of the Fund shall continue

in effect until superseded by regulations prescribed by the

Board.

"(2) Existing rights, duties, and obligations not affected. -

Subsection (a) shall not be construed as affecting the validity

of any right, duty, or obligation of the United States or any

other person arising under or pursuant to any contract, loan, or

other instrument or agreement which was in effect on the day

before the date of the enactment of this Act [Nov. 6, 1986].

"(3) Continuation of suits. - No action or other proceeding

commenced by or against the Secretary in connection with the

administration of the Fund shall abate by reason of the enactment

of this Act, except that the Board shall be substituted for the

Secretary as a party to any such action or proceeding.

"(e) Definitions. - For purposes of this section -

"(1) Board. - The term 'Board' means the National Credit Union

Administration Board.

"(2) Fund. - The term 'Fund' means the Community Development

Credit Union Revolving Loan Fund established under title VII of

the Economic Opportunity Act of 1964 [see References in Text note

above] (as in effect before the date of the enactment of the

Omnibus Budget Reconciliation Act of 1981 [Aug. 13, 1981]).

"(3) Secretary. - The term 'Secretary' means the Secretary of

Health and Human Services."

-End-

-CITE-

42 USC SUBCHAPTER II - HEAD START PROGRAMS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-

SUBCHAPTER II - HEAD START PROGRAMS

-COD-

CODIFICATION

Subchapter is based on subchapter B of chapter 8 of subtitle A of

title VI of Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 499, as amended.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 247b-16, 280g,

290bb-23, 290bb-25, 1396r-1a, 1758, 1766, 4953, 5011, 12653, 12653c

of this title; title 8 section 1613; title 20 sections 1087ee,

6311, 6322, 6367, 6376, 6381a, 6775, 7544, 9252, 9501; title 31

section 6703.

-End-

-CITE-

42 USC Sec. 9831 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-

Sec. 9831. Statement of purpose

-STATUTE-

It is the purpose of this subchapter to promote school readiness

by enhancing the social and cognitive development of low-income

children through the provision, to low-income children and their

families, of health, educational, nutritional, social, and other

services that are determined, based on family needs assessments, to

be necessary.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 636, Aug. 13, 1981, 95 Stat. 499;

Pub. L. 101-501, title I, Sec. 102, Nov. 3, 1990, 104 Stat. 1224;

Pub. L. 105-285, title I, Sec. 102, Oct. 27, 1998, 112 Stat. 2703.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-285 amended section catchline and text

generally. Prior to amendment, text read as follows:

"(a) In recognition of the role which Project Head Start has

played in the effective delivery of comprehensive health,

educational, nutritional, social, and other services to

economically disadvantaged children and their families, it is the

purpose of this subchapter to extend the authority for the

appropriation of funds for such program.

"(b) In carrying out the provisions of this subchapter, the

Secretary of Health and Human Services shall continue the

administrative arrangement responsible for meeting the needs of

migrant, non-English language background, and Indian children and

shall assure that appropriate funding is provided to meet such

needs."

1990 - Subsec. (b). Pub. L. 101-501 inserted ", non-English

language background," after "migrant".

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-501 effective Oct. 1, 1990, see section

1001(a) of Pub. L. 101-501, set out as a note under section 8621 of

this title.

SHORT TITLE

For short title of this subchapter as the "Head Start Act", see

section 635 of Pub. L. 97-35, set out as a note under section 9801

of this title.

-End-

-CITE-

42 USC Sec. 9832 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-

Sec. 9832. Definitions

-STATUTE-

For purposes of this subchapter:

(1) The term "child with a disability" means -

(A) a child with a disability, as defined in section 1401(3)

of title 20; and

(B) an infant or toddler with a disability, as defined in

section 1432(5) of title 20.

(2) The term "delegate agency" means a public, private

nonprofit, or for-profit organization or agency to which a

grantee has delegated all or part of the responsibility of the

grantee for operating a Head Start program.

(3) The term "family literacy services" means services that are

of sufficient intensity in terms of hours, and of sufficient

duration, to make sustainable changes in a family, and that

integrate all of the following activities:

(A) Interactive literacy activities between parents and their

children.

(B) Training for parents regarding how to be the primary

teacher for their children and full partners in the education

of their children.

(C) Parent literacy training that leads to economic

self-sufficiency.

(D) An age-appropriate education to prepare children for

success in school and life experiences.

(4) The term "financial assistance" includes assistance

provided by grant, agreement, or contract, and payments may be

made in installments and in advance or by way of reimbursement

with necessary adjustments on account of overpayments or

underpayments.

(5) The term "full calendar year" means all days of the year

other than Saturday, Sunday, and a legal public holiday.

(6) The term "full-working-day" means not less than 10 hours

per day. Nothing in this paragraph shall be construed to require

an agency to provide services to a child who has not reached the

age of compulsory school attendance for more than the number of

hours per day permitted by State law (including regulation) for

the provision of services to such a child.

(7) The term "Head Start classroom" means a group of children

supervised and taught by two paid staff members (a teacher and a

teacher's aide or two teachers) and, where possible, a volunteer.

(8) The term "Head Start family day care" means Head Start

services provided in a private residence other than the residence

of the child receiving such services.

(9) The term "home-based Head Start program" means a Head Start

program that provides Head Start services in the private

residence of the child receiving such services.

(10) The term "Indian tribe" means any tribe, band, nation,

pueblo, or other organized group or community of Indians,

including any Native village described in section 3(c) of the

Alaska Native Claims Settlement Act (43 U.S.C. 1602(c)) or

established pursuant to such Act (43 U.S.C. 1601 et seq.), that

is recognized as eligible for the special programs and services

provided by the United States to Indians because of their status

as Indians.

(11) The term "local educational agency" has the meaning given

such term in the Elementary and Secondary Education Act of 1965

[20 U.S.C. 6301 et seq.].

(12) The term "migrant and seasonal Head Start program" means -

(A) with respect to services for migrant farmworkers, a Head

Start program that serves families who are engaged in

agricultural labor and who have changed their residence from

one geographic location to another in the preceding 2-year

period; and

(B) with respect to services for seasonal farmworkers, a Head

Start program that serves families who are engaged primarily in

seasonal agricultural labor and who have not changed their

residence to another geographic location in the preceding

2-year period.

(13) The term "mobile Head Start program" means the provision

of Head Start services utilizing transportable equipment set up

in various community-based locations on a routine, weekly

schedule, operating in conjunction with home-based Head Start

programs, or as a Head Start classroom.

(14) The term "poverty line" means the official poverty line

(as defined by the Office of Management and Budget) -

(A) adjusted to reflect the percentage change in the Consumer

Price Index For (!1) All Urban Consumers, issued by the Bureau

of Labor Statistics, occurring in the 1-year period or other

interval immediately preceding the date such adjustment is

made; and

(B) adjusted for family size.

(15) The term "scientifically based reading research" -

(A) means the application of rigorous, systematic, and

objective procedures to obtain valid knowledge relevant to

reading development, reading instruction, and reading

difficulties; and

(B) shall include research that -

(i) employs systematic, empirical methods that draw on

observation or experiment;

(ii) involves rigorous data analyses that are adequate to

test the stated hypotheses and justify the general

conclusions drawn;

(iii) relies on measurements or observational methods that

provide valid data across evaluators and observers and across

multiple measurements and observations; and

(iv) has been accepted by a peer-reviewed journal or

approved by a panel of independent experts through a

comparably rigorous, objective, and scientific review.

(16) The term "Secretary" means the Secretary of Health and

Human Services.

(17) The term "State" means a State, the Commonwealth of Puerto

Rico, the District of Columbia, Guam, American Samoa, the Virgin

Islands of the United States, and the Commonwealth of the

Northern Mariana Islands, but for fiscal years ending before

October 1, 2001 (and fiscal year 2002, if the legislation

described in section 9835(a)(2)(B)(iii) of this title has not

been enacted before September 30, 2001), also means the Federated

States of Micronesia, the Republic of the Marshall Islands, and

the Republic of Palau.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 637, Aug. 13, 1981, 95 Stat. 499;

Pub. L. 98-558, title I, Sec. 101, Oct. 30, 1984, 98 Stat. 2878;

Pub. L. 101-501, title I, Secs. 104(b), 116(b), 117(b), 121(b),

123(a), Nov. 3, 1990, 104 Stat. 1228, 1232, 1233, 1237; Pub. L.

103-252, title I, Sec. 102, May 18, 1994, 108 Stat. 624; Pub. L.

105-285, title I, Sec. 103, Oct. 27, 1998, 112 Stat. 2703.)

-REFTEXT-

REFERENCES IN TEXT

The Alaska Native Claims Settlement Act, referred to in par.

(10), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended,

which is classified generally to chapter 33 (Sec. 1601 et seq.) of

Title 43, Public Lands. For complete classification of this Act to

the Code, see Short Title note set out under section 1601 of Title

43 and Tables.

The Elementary and Secondary Education Act of 1965, referred to

in par. (11), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, as

amended, which is classified generally to chapter 70 (Sec. 6301 et

seq.) of Title 20, Education. For complete classification of this

Act to the Code, see Short Title note set out under section 6301 of

Title 20 and Tables.

-MISC1-

AMENDMENTS

1998 - Pars. (1), (2). Pub. L. 105-285, Sec. 103(2), added pars.

(1) and (2). Former pars. (1) and (2) redesignated (16) and (17),

respectively.

Pars. (3), (4). Pub. L. 105-285, Sec. 103(3)-(5), added par. (3),

redesignated former par. (3) as (4), and struck out former par. (4)

which read as follows: "The term 'family literacy services' means

services and activities that include interactive literacy

activities between parents and their children, training for parents

on techniques for being the primary teacher of their children and

full partners in the education of their children, parent literacy

training (including training in English as a second language), and

early childhood education."

Par. (6). Pub. L. 105-285, Sec. 103(6), inserted at end "Nothing

in this paragraph shall be construed to require an agency to

provide services to a child who has not reached the age of

compulsory school attendance for more than the number of hours per

day permitted by State law (including regulation) for the provision

of services to such a child."

Par. (12). Pub. L. 105-285, Sec. 103(7), added par. (12) and

struck out former par. (12) which read as follows: "The term

'migrant Head Start program' means a Head Start program that serves

families who are engaged in agricultural work and who have changed

their residence from one geographical location to another in the

preceding 2-year period."

Par. (15). Pub. L. 105-285, Sec. 103(8), added par. (15).

Par. (16). Pub. L. 105-285, Sec. 103(1), redesignated par. (1) as

(16) and transferred it to appear after par. (15).

Par. (17). Pub. L. 105-285, Sec. 103(9)(B), (C), substituted

"Virgin Islands of the United States, and the Commonwealth of the

Northern Mariana Islands, but for fiscal years ending before

October 1, 2001 (and fiscal year 2002, if the legislation described

in section 9835(a)(2)(B)(iii) of this title has not been enacted

before September 30, 2001), also means" for "Virgin Islands," and

"and the Republic of Palau" for "Palau, and the Commonwealth of the

Northern Mariana Islands".

Pub. L. 105-285, Sec. 103(9)(A), which directed substitution of

"term" for "Term", could not be executed because "Term" does not

appear in par. (17).

Pub. L. 105-285, Sec. 103(1), redesignated par. (2) as (17) and

transferred it to appear after par. (16).

1994 - Par. (4). Pub. L. 103-252, Sec. 102(1), (4), (5)(A),

redesignated par. (12) as (4) and struck out former par. (4) which

defined "adjusted appropriation".

Par. (5). Pub. L. 103-252, Sec. 102(1), (4), (5)(B), redesignated

par. (10) as (5) and struck out former par. (5) which defined

"quality improvement funds".

Par. (6). Pub. L. 103-252, Sec. 102(4), (5)(B), redesignated par.

(11) as (6). Former par. (6) redesignated (7).

Pars. (7), (8). Pub. L. 103-252, Sec. 102(4), redesignated pars.

(6) and (7) as (7) and (8), respectively. Former par. (8)

redesignated (9).

Par. (9). Pub. L. 103-252, Sec. 102(4), redesignated par. (8) as

(9). Former par. (9) redesignated (14).

Pub. L. 103-252, Sec. 102(2), added par. (9) and struck out

former par. (9) which defined "poverty line".

Par. (10). Pub. L. 103-252, Sec. 102(4), (5)(C), redesignated

par. (13) as (10). Former par. (10) redesignated (5).

Par. (11). Pub. L. 103-252, Sec. 102(5)(D), added par. (11).

Former par. (11) redesignated (6).

Par. (12). Pub. L. 103-252, Sec. 102(5)(D), added par. (12).

Former par. (12) redesignated (4).

Pub. L. 103-252, Sec. 102(3), (4), added par. (12) and

redesignated it as (4).

Par. (13). Pub. L. 103-252, Sec. 102(5)(D), added par. (13).

Former par. (13) redesignated (10).

Pub. L. 103-252, Sec. 102(3), (4), added par. (13) and

redesignated it as (10).

Par. (14). Pub. L. 103-252, Sec. 102(4), redesignated par. (9) as

(14).

1990 - Par. (2). Pub. L. 101-501, Sec. 104(b)(1), substituted

"the Federated States of Micronesia, the Republic of the Marshall

Islands, Palau" for "the Trust Territory of the Pacific Islands".

Pars. (4), (5). Pub. L. 101-501, Sec. 104(b)(2), added pars. (4)

and (5).

Par. (6). Pub. L. 101-501, Sec. 116(b), added par. (6).

Pars. (7), (8). Pub. L. 101-501, Sec. 117(b), added pars. (7) and

(8).

Par. (9). Pub. L. 101-501, Sec. 121(b), added par. (9).

Pars. (10), (11). Pub. L. 101-501, Sec. 123(a), added pars. (10)

and (11).

1984 - Par. (2). Pub. L. 98-558 inserted "the Commonwealth of"

before "the Northern Mariana Islands".

EFFECTIVE DATE OF 1994 AMENDMENT

Section 127 of title I of Pub. L. 103-252 provided that:

"(a) Effective Date. - This title [see Short Title of 1994

Amendment note set out under section 9801 of this title], and the

amendments made by this title, shall take effect on the date of

enactment of this title [May 18, 1994].

"(b) Application. - The requirements of this title and the

amendments made by this title shall not apply to Head Start

agencies and other recipients of financial assistance under the

Head Start Act [42 U.S.C. 9831 et seq.] until October 1, 1994."

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-501 effective Oct. 1, 1990, see section

1001(a) of Pub. L. 101-501, set out as a note under section 8621 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9902 of this title.

-FOOTNOTE-

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

-End-

-CITE-

42 USC Sec. 9833 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-

Sec. 9833. Financial assistance for Head Start programs

-STATUTE-

The Secretary may, upon application by an agency which is

eligible for designation as a Head Start agency pursuant to section

9836 of this title, provide financial assistance to such agency for

the planning, conduct, administration, and evaluation of a Head

Start program focused primarily upon children from low-income

families who have not reached the age of compulsory school

attendance which (1) will provide such comprehensive health,

education, parental involvement, nutritional, social, and other

services as will enable the children to attain their full potential

and attain school readiness; and (2) will provide for direct

participation of the parents of such children in the development,

conduct, and overall program direction at the local level.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 638, Aug. 13, 1981, 95 Stat. 499;

Pub. L. 100-297, title II, Sec. 2504, Apr. 28, 1988, 102 Stat. 330;

Pub. L. 103-252, title I, Secs. 103, 112(c), May 18, 1994, 108

Stat. 625, 641; Pub. L. 105-285, title I, Sec. 104, Oct. 27, 1998,

112 Stat. 2705.)

-MISC1-

AMENDMENTS

1998 - Cl. (1). Pub. L. 105-285 substituted "enable the children"

for "aid the children" and inserted "and attain school readiness"

before the semicolon.

1994 - Pub. L. 103-252 struck out subsec. (a) designation, in cl.

(1), substituted "health, education, parental involvement,

nutritional, social, and other services" for "health, nutritional,

educational, social, and other services", and struck out subsec.

(b) which read as follows: "For purposes of providing financial

assistance under subsection (a) of this section to agencies, the

Secretary may not take into consideration whether such agency

applies for or receives funds under subchapter V of this chapter."

1988 - Pub. L. 100-297 designated existing provisions as subsec.

(a) and added subsec. (b).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-252 effective May 18, 1994, but not

applicable to Head Start agencies and other recipients of financial

assistance under the Head Start Act (42 U.S.C. 9831 et seq.) until

Oct. 1, 1994, see section 127 of Pub. L. 103-252, set out as a note

under section 9832 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

For effective date and applicability of amendment by Pub. L.

100-297, see section 6303 of Pub. L. 100-297, set out as a note

under section 1071 of Title 20, Education.

-End-

-CITE-

42 USC Sec. 9834 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-

Sec. 9834. Authorization of appropriations

-STATUTE-

(a) There are authorized to be appropriated for carrying out the

provisions of this subchapter such sums as may be necessary for

fiscal years 1999 through 2003.

(b) From the amount appropriated under subsection (a) of this

section, the Secretary shall make available -

(1) for each of fiscal years 1999 through 2003 to carry out

activities authorized under section 9837a of this title, not more

than $35,000,000 but not less than the amount that was made

available for such activities for fiscal year 1998;

(2) not more than $5,000,000 for each of fiscal years 1999

through 2003 to carry out impact studies under section 9844(g) of

this title; and

(3) not more than $12,000,000 for fiscal year 1999, and such

sums as may be necessary for each of fiscal years 2000 through

2003, to carry out other research, demonstration, and evaluation

activities, including longitudinal studies, under section 9844 of

this title.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 639, Aug. 13, 1981, 95 Stat. 499;

Pub. L. 98-558, title I, Sec. 102, Oct. 30, 1984, 98 Stat. 2878;

Pub. L. 99-425, title I, Sec. 101, Sept. 30, 1986, 100 Stat. 966;

Pub. L. 101-120, Sec. 2, Oct. 23, 1989, 103 Stat. 700; Pub. L.

101-501, title I, Secs. 103, 120(b), 140, Nov. 3, 1990, 104 Stat.

1224, 1236, 1242; Pub. L. 103-252, title I, Sec. 104, May 18, 1994,

108 Stat. 625; Pub. L. 105-285, title I, Sec. 105, Oct. 27, 1998,

112 Stat. 2705.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-285, Sec. 105(1), substituted

"1999 through 2003" for "1995 through 1998".

Subsec. (b)(1) to (3). Pub. L. 105-285, Sec. 105(2), added pars.

(1) to (3) and struck out former pars. (1) and (2) which read as

follows:

"(1) $35,000,000 for each of the fiscal years 1995 through 1998

to -

"(A) carry out the Head Start Transition Project Act; and

"(B) carry out activities authorized under section 9837(d) of

this title; and

"(2) not more than $3,000,000 for fiscal year 1995, and such sums

as may be necessary for each of the fiscal years 1996 through 1998,

to carry out longitudinal research under section 9844(e) of this

title."

1994 - Subsec. (a). Pub. L. 103-252, Sec. 104(1), substituted

"such sums as may be necessary for fiscal years 1995 through 1998"

for "(other than section 9846a of this title) $1,552,000,000 for

fiscal year 1990, $2,386,000,000 for fiscal year 1991,

$4,273,000,000 for fiscal year 1992, $5,924,000,000 for fiscal year

1993, and $7,660,000,000 for fiscal year 1994".

Subsecs. (b), (c). Pub. L. 103-252, Sec. 104(2), added subsec.

(b) and struck out former subsecs. (b) and (c) which read as

follows:

"(b) There are authorized to be appropriated to carry out section

9846a of this title, such sums as may be necessary for fiscal years

1991 through 1996.

"(c)(1) If the amount appropriated under subsection (a) of this

section for fiscal year 1991 exceeds the adjusted appropriation,

the Secretary shall make available not less than $20,000,000 to

carry out the Head Start Transition Project Act.

"(2) The Secretary shall make available not less than $20,000,000

for each of the fiscal years 1992, 1993, and 1994 to carry out the

Head Start Transition Project Act."

1990 - Pub. L. 101-501, Sec. 140, added subsec. (c).

Pub. L. 101-501, Sec. 120(b), designated existing provisions as

subsec. (a), inserted "(other than section 9846a of this title)"

after "of this subchapter", and added subsec. (b).

Pub. L. 101-501, Sec. 103, struck out "$1,198,000,000 for fiscal

year 1987, $1,263,000,000 for fiscal year 1988, $1,332,000,000 for

fiscal year 1989, and" after "of this subchapter" and inserted ",

$2,386,000,000 for fiscal year 1991, $4,273,000,000 for fiscal year

1992, $5,924,000,000 for fiscal year 1993, and $7,660,000,000 for

fiscal year 1994" after "1990".

1989 - Pub. L. 101-120 substituted "$1,552,000,000" for

"$1,405,000,000".

1986 - Pub. L. 99-425 amended section generally, substituting

"$1,198,000,000 for fiscal year 1987, $1,263,000,000 for fiscal

year 1988, $1,332,000,000 for fiscal year 1989, and $1,405,000,000

for fiscal year 1990" for "$1,093,030,000 for fiscal year 1985, and

$1,221,000,000 for fiscal year 1986".

1984 - Pub. L. 98-558 substituted "$1,093,030,000 for fiscal year

1985, and $1,221,000,000 for fiscal year 1986" for "$950,000,000

for fiscal year 1982, $1,007,000,000 for fiscal year 1983, and

$1,058,357,000 for fiscal year 1984".

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-252 effective May 18, 1994, but not

applicable to Head Start agencies and other recipients of financial

assistance under the Head Start Act (42 U.S.C. 9831 et seq.) until

Oct. 1, 1994, see section 127 of Pub. L. 103-252, set out as a note

under section 9832 of this title.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-501 effective Oct. 1, 1990, see section

1001(a) of Pub. L. 101-501, set out as a note under section 8621 of

this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-425 effective Oct. 1, 1986, see section

1001 of Pub. L. 99-425, set out as a note under section 8621 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9835 of this title.

-End-

-CITE-

42 USC Sec. 9835 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-

Sec. 9835. Allotment of funds

-STATUTE-

(a) Distribution of appropriations; priorities, etc.

(1) Of the sums appropriated pursuant to section 9834 of this

title for any fiscal year beginning after September 30, 1981, the

Secretary shall allot such sums in accordance with paragraphs (2)

through (4), and subject to paragraphs (5) and (6).

(2) The Secretary shall reserve 13 percent of the amount

appropriated for each fiscal year for use in accordance with the

following order of priorities -

(A) Indian Head Start programs, services for children with

disabilities, and migrant and seasonal Head Start programs,

except that there shall be made available for each fiscal year

for use by Indian Head Start programs and by migrant and seasonal

Head Start programs, on a nationwide basis, not less than the

amount that was obligated for use by Indian Head Start programs

and by migrant and seasonal Head Start programs for fiscal year

1998;

(B) payments, subject to paragraph (7) -

(i) to Guam, American Samoa, the Commonwealth of the Northern

Mariana Islands, and the Virgin Islands of the United States;

(ii) for fiscal years ending before October 1, 2001, to the

Federated States of Micronesia, the Republic of the Marshall

Islands, and the Republic of Palau; and

(iii) if legislation approving renegotiated Compacts of Free

Association for the jurisdictions described in clause (ii) has

not been enacted before September 30, 2001, for fiscal year

2002 to those jurisdictions;

according to their respective needs, except that such amount

shall not exceed one-half of 1 percent of the sums appropriated

for any fiscal year;

(C) training and technical assistance activities which are

sufficient to meet the needs associated with program expansion

and to foster program and management improvement activities as

described in section 9843 of this title, in an amount for each

fiscal year which is not less than 2 percent of the amount

appropriated for such fiscal year, of which not less than

$3,000,000 of the amount appropriated for such fiscal year shall

be made available to carry out activities described in section

9843(c)(4) of this title;

(D) discretionary payments made by the Secretary (including

payments for all costs (other than compensation of Federal

employees) of reviews of Head Start agencies and programs under

section 9836a(c) of this title, and of activities carried out

under paragraph (1), (2), or (3) of section 9836a(d) of this

title related to correcting deficiencies and conducting

proceedings to terminate the designation of Head Start agencies;

(!1) and

(E) payments for research, demonstration, and evaluation

activities under section 9844 of this title.

No funds reserved under this paragraph or paragraph (3) may be

combined with funds appropriated under any other Act if the purpose

of combining funds is to make a single discretionary grant or a

single discretionary payment, unless such funds appropriated under

this subchapter are separately identified in such grant or payment

and are used for the purposes of this subchapter. No Freely

Associated State may receive financial assistance under this

subchapter after fiscal year 2002.

(3)(A)(i) In order to provide assistance for activities specified

in subparagraph (C) directed at the goals specified in subparagraph

(B), the Secretary shall reserve, from the amount (if any) by which

the funds appropriated under section 9834(a) of this title for a

fiscal year exceed the adjusted prior year appropriation, a share

equal to the sum of -

(I) 60 percent of such excess amount for fiscal year 1999, 50

percent of such excess amount for fiscal year 2000, 47.5 percent

of such excess amount for fiscal year 2001, 35 percent of such

excess amount for fiscal year 2002, and 25 percent of such excess

amount for fiscal year 2003; and

(II) any additional amount the Secretary may find necessary to

address a demonstrated need for such activities.

(ii) As used in clause (i), the term "adjusted prior year

appropriation" means, with respect to a fiscal year, the amount

appropriated pursuant to section 9834(a) of this title for the

preceding fiscal year, adjusted to reflect the percentage change in

the Consumer Price Index for All Urban Consumers (issued by the

Bureau of Labor Statistics) during such preceding fiscal year.

(B) Funds reserved under this paragraph (referred to in this

paragraph as "quality improvement funds") shall be used to

accomplish any or all of the following goals:

(i) Ensuring that Head Start programs meet or exceed

performance standards pursuant to section 9836a(a)(1)(A) of this

title.

(ii) Ensuring that such programs have adequate numbers of

qualified staff, and that such staff are furnished adequate

training, including developing skills in working with children

with non-English language background and children with

disabilities, when appropriate.

(iii) Ensuring that salary levels and benefits are adequate to

attract and retain qualified staff for such programs.

(iv) Using salary increases to improve staff qualifications,

and to assist with the implementation of career development

programs, for the staff of Head Start programs, and to encourage

the staff to continually improve their skills and expertise by

informing the staff of the availability of Federal and State

incentive and loan forgiveness programs for professional

development.

(v) Improving community-wide strategic planning and needs

assessments for such programs and collaboration efforts for such

programs.

(vi) Ensuring that the physical environments of Head Start

programs are conducive to providing effective program services to

children and families, and are accessible to children with

disabilities and their parents.

(vii) Ensuring that such programs have qualified staff that can

promote language skills and literacy growth of children and that

can provide children with a variety of skills that have been

identified, through scientifically based reading research, as

predictive of later reading achievement.

(viii) Making such other improvements in the quality of such

programs as the Secretary may designate.

(C) Quality improvement funds shall be used to carry out any or

all of the following activities:

(i)(I) Not less than one-half of the amount reserved under this

paragraph, to improve the compensation (including benefits) of

classroom teachers and other staff of Head Start agencies and

thereby enhance recruitment and retention of qualified staff,

including recruitment and retention pursuant to achieving the

requirements set forth in section 9843a(a) of this title. The

expenditure of funds under this clause shall be subject to

section 9848 of this title. Preferences in awarding salary

increases, in excess of cost-of-living allowances, with such

funds shall be granted to classroom teachers and staff who obtain

additional training or education related to their

responsibilities as employees of a Head Start program.

(II) If a Head Start agency certifies to the Secretary for such

fiscal year that part of the funds set aside under subclause (I)

to improve wages cannot be expended by such agency to improve

wages because of the operation of section 9848 of this title,

then such agency may expend such part for any of the uses

specified in this subparagraph (other than wages).

(III) From the remainder of the amount reserved under this

paragraph (after the Secretary carries out subclause (I)), the

Secretary shall carry out any or all of the activities described

in clauses (ii) through (vii), placing the highest priority on

the activities described in clause (ii).

(ii) To train classroom teachers and other staff to meet the

education performance standards described in section

9836a(a)(1)(B) of this title, through activities -

(I) to promote children's language and literacy growth,

through techniques identified through scientifically based

reading research;

(II) to promote the acquisition of the English language for

non-English background children and families;

(III) to foster children's school readiness skills through

activities described in section 9843a(a)(1) of this title; and

(IV) to provide training necessary to improve the

qualifications of the staff of the Head Start agencies and to

support staff training, child counseling, and other services

necessary to address the problems of children participating in

Head Start programs, including children from dysfunctional

families, children who experience chronic violence in their

communities, and children who experience substance abuse in

their families.

(iii) To employ additional Head Start staff, including staff

necessary to reduce the child-staff ratio and staff necessary to

coordinate a Head Start program with other services available to

children participating in such program and to their families.

(iv) To pay costs incurred by Head Start agencies to purchase

insurance (other than employee benefits) and thereby maintain or

expand Head Start services.

(v) To supplement amounts provided under paragraph (2)(C) to

provide training necessary to improve the qualifications of the

staff of the Head Start agencies, and to support staff training,

child counseling, and other services necessary to address the

problems of children participating in Head Start programs,

including children from dysfunctional families, children who

experience chronic violence in their communities, and children

who experience substance abuse in their families.

(vi) Such other activities as the Secretary may designate.

(D)(i) Funds reserved under subparagraph (A) shall be allotted by

the Secretary as follows:

(I) 80 percent of such funds shall be allotted among the States

in the same proportion as the Secretary allots funds among the

States under paragraph (4) for the respective fiscal year.

(II) 20 percent of such funds shall be allotted among the

States, geographical areas specified in subsection (a)(2)(B) of

this section and Indian Head Start programs and migrant and

seasonal Head Start programs, and used to make grants to Head

Start agencies, at the discretion of the Secretary.

(ii) Funds allotted under clause (i) shall be used by the

Secretary to make grants to Head Start agencies that receive grants

from funds allotted under paragraph (4) for such fiscal year, in

such amounts as the Secretary considers to be appropriate, for

expenditure for activities specified in subparagraph (C).

(iii) Funds received under this subparagraph shall be used to

supplement, not to supplant, funds received under paragraph (2) or

(4).

(4) Subject to section 9834(b) of this title, the Secretary shall

allot the remaining amounts appropriated in each fiscal year among

the States, in accordance with latest satisfactory data so that -

(A) each State receives an amount which is equal to the amount

the State received for fiscal year 1998; and

(B) any amount available after all allotments are made under

subparagraph (A) for such fiscal year shall be distributed

proportionately on the basis of the number of children less than

5 years of age from families whose income is below the poverty

line.

For purposes of this paragraph, for each fiscal year the Secretary

shall use the most recent data available on the number of children

less than 5 years of age from families whose income is below the

poverty line, as published by the Department of Commerce, unless

the Secretary and the Secretary of Commerce determine that use of

the most recent data available would be inappropriate or

unreliable. If the Secretary and the Secretary of Commerce

determine that some or all of the data referred to in this

paragraph are inappropriate or unreliable, the Secretaries shall

issue a report setting forth their reasons in detail.

(5)(A) From amounts reserved and allotted pursuant to paragraph

(4), the Secretary shall reserve such sums as may be necessary to

award the collaboration grants described in subparagraphs (B) and

(D).

(B) From the reserved sums, the Secretary may award a

collaboration grant to each State to facilitate collaboration

regarding activities carried out in the State under this

subchapter, and other activities carried out in, and by, the State

that are designed to benefit low-income children and families and

to encourage Head Start agencies to collaborate with entities

involved in State and local planning processes (including the State

lead agency administering the financial assistance received under

subchapter II-B of this chapter and the entities providing resource

and referral services in the State) in order to better meet the

needs of low-income children and families.

(C) A State that receives a grant under subparagraph (B) shall -

(i) appoint an individual to serve as a State liaison between -

(I) the appropriate regional office of the Administration for

Children and Families and agencies and individuals carrying out

Head Start programs in the State; and

(II) agencies (including local educational agencies) and

entities carrying out programs serving low-income children and

families;

(ii) involve the State Head Start Association in the selection

of the individual, and involve the association in determinations

relating to the ongoing direction of the collaboration;

(iii) ensure that the individual holds a position with

sufficient authority and access to ensure that the collaboration

described in subparagraph (B) is effective and involves a range

of State agencies;

(iv) ensure that the collaboration described in subparagraph

(B) involves coordination of Head Start services with health

care, welfare, child care, education, and community service

activities, family literacy services, activities relating to

children with disabilities (including coordination of services

with those State officials who are responsible for administering

part C and section 619 of the Individuals with Disabilities

Education Act (20 U.S.C. 1431-1445, 1419)), and services for

homeless children;

(v) include representatives of the State Head Start Association

and local Head Start agencies in unified planning regarding early

care and education services at both the State and local levels,

including collaborative efforts to plan for the provision of

full-working-day, full calendar year early care and education

services for children; and

(vi) encourage local Head Start agencies to appoint a State

level representative to represent Head Start agencies within the

State in conducting collaborative efforts described in

subparagraphs (B) and (D), and in clause (v).

(D) Following the award of collaboration grants described in

subparagraph (B), the Secretary shall provide, from the reserved

sums, supplemental funding for collaboration grants -

(i) to States that (in consultation with their State Head Start

Associations) develop statewide, regional, or local unified plans

for early childhood education and child care that include the

participation of Head Start agencies; and

(ii) to States that engage in other innovative collaborative

initiatives, including plans for collaborative training and

professional development initiatives for child care, early

childhood education and Head Start service managers, providers,

and staff.

(E)(i) The Secretary shall -

(I) review on an ongoing basis evidence of barriers to

effective collaboration between Head Start programs and other

Federal, State, and local child care and early childhood

education programs and resources;

(II) develop initiatives, including providing additional

training and technical assistance and making regulatory changes,

in necessary cases, to eliminate barriers to the collaboration;

and

(III) develop a mechanism to resolve administrative and

programmatic conflicts between programs described in subclause

(I) that would be a barrier to service providers, parents, or

children related to the provision of unified services and the

consolidation of funding for child care services.

(ii) In the case of a collaborative activity funded under this

subchapter and another provision of law providing for Federal child

care or early childhood education, the use of equipment and

nonconsumable supplies purchased with funds made available under

this subchapter or such provision shall not be restricted to

children enrolled or otherwise participating in the program carried

out under that subchapter or provision, during a period in which

the activity is predominantly funded under this subchapter or such

provision.

(F) As used in this paragraph, the term "low-income", used with

respect to children or families, shall not be considered to refer

only to children or families that meet the low-income criteria

prescribed pursuant to section 9840(a)(1)(A) of this title.

(6)(A) From amounts reserved and allotted pursuant to paragraphs

(2) and (4), the Secretary shall use, for grants for programs

described in section 9840a(a) of this title, a portion of the

combined total of such amounts equal to 7.5 percent for fiscal year

1999, 8 percent for fiscal year 2000, 9 percent for fiscal year

2001, 10 percent for fiscal year 2002, and 10 percent for fiscal

year 2003, of the amount appropriated pursuant to section 9834(a)

of this title, except as provided in subparagraph (B).

(B)(i) If the Secretary does not submit an interim report on the

preliminary findings of the Early Head Start impact study currently

being conducted by the Secretary (as of October 27, 1998) to the

appropriate committees by June 1, 2001, the amount of the reserved

portion for fiscal year 2002 that exceeds the reserved portion for

fiscal year 2001, if any, shall be used for quality improvement

activities described in subsection (a)(3) of this section and shall

not be used to serve an increased number of eligible children under

section 9840a of this title.

(ii) If the Secretary does not submit a final report on the Early

Head Start impact study to the appropriate committees by June 1,

2002, or if the Secretary finds in the report that there are

substantial deficiencies in the programs carried out under section

9840a of this title, the amount of the reserved portion for fiscal

year 2003 that exceeds the reserved portion for fiscal year 2002,

if any, shall be used for quality improvement activities described

in subsection (a)(3) of this section and shall not be used to serve

an increased number of eligible children under section 9840a of

this title.

(iii) In this subparagraph:

(I) The term "appropriate committees" means the Committee on

Education and the Workforce and the Committee on Appropriations

of the House of Representatives and the Committee on Labor and

Human Resources and the Committee on Appropriations of the

Senate.

(II) The term "reserved portion", used with respect to a fiscal

year, means the amount required to be used in accordance with

subparagraph (A) for that fiscal year.

(C)(i) For any fiscal year for which the Secretary determines

that the amount appropriated under section 9834(a) of this title is

not sufficient to permit the Secretary to reserve the portion

described in subparagraph (A) without reducing the number of

children served by Head Start programs or adversely affecting the

quality of Head Start services, relative to the number of children

served and the quality of the services during the preceding fiscal

year, the Secretary may reduce the percentage of funds required to

be reserved for the portion described in subparagraph (A) for the

fiscal year for which the determination is made, but not below the

percentage required to be so reserved for the preceding fiscal

year.

(ii) For any fiscal year for which the amount appropriated under

section 9834(a) of this title is reduced to a level that requires a

lower amount to be made available under this subchapter to Head

Start agencies and entities described in section 9840a of this

title, relative to the amount made available to the agencies and

entities for the preceding fiscal year, adjusted as described in

paragraph (3)(A)(ii), the Secretary shall proportionately reduce -

(I) the amounts made available to the entities for programs

carried out under section 9840a of this title; and

(II) the amounts made available to Head Start agencies for Head

Start programs.

(7) For purposes of this subsection, the term "State" does not

include Guam, American Samoa, the Virgin Islands, the Commonwealth

of the Northern Mariana Islands, the Federated States of

Micronesia, the Republic of the Marshall Islands, and Palau.

(b) Federal share

Financial assistance extended under this subchapter for a Head

Start program shall not exceed 80 percent of the approved costs of

the assisted program or activities, except that the Secretary may

approve assistance in excess of such percentage if the Secretary

determines that such action is required in furtherance of the

purposes of this subchapter. For the purpose of making such

determination, the Secretary shall take into consideration with

respect to the Head Start program involved -

(1) the lack of resources available in the community that may

prevent the Head Start agency from providing all or a portion of

the non-Federal contribution that may be required under this

subsection;

(2) the impact of the cost the Head Start agency may incur in

initial years it carries out such program;

(3) the impact of an unanticipated increase in the cost the

Head Start agency may incur to carry out such program;

(4) whether the Head Start agency is located in a community

adversely affected by a major disaster; and

(5) the impact on the community that would result if the Head

Start agency ceased to carry out such program.

Non-Federal contributions may be in cash or in kind, fairly

evaluated, including plant, equipment, or services. The Secretary

shall not require non-Federal contributions in excess of 20 percent

of the approved costs of programs or activities assisted under this

subchapter.

(c) Services covered

No programs shall be approved for assistance under this

subchapter unless the Secretary is satisfied that the services to

be provided under such program will be in addition to, and not in

substitution for, comparable services previously provided without

Federal assistance. The requirement imposed by the preceding

sentence shall be subject to such regulations as the Secretary may

prescribe.

(d) Enrollment of children with disabilities and provision of

services

The Secretary shall establish policies and procedures designed to

assure that for fiscal year 1999 and thereafter no less than 10

percent of the total number of enrollment opportunities in Head

Start programs in each State shall be available for children with

disabilities and that services shall be provided to meet their

special needs. Such policies and procedures shall require Head

Start agencies to coordinate programmatic efforts with efforts to

implement part C and section 619 of the Individuals with

Disabilities Education Act (20 U.S.C. 1431-1445, 1419).

(e) Distribution of benefits between residents of rural and urban

areas

The Secretary shall adopt appropriate administrative measures to

assure that the benefits of this subchapter will be distributed

equitably between residents of rural and urban areas.

(f) Guidelines for local service delivery models

The Secretary shall establish procedures to enable Head Start

agencies to develop locally designed or specialized service

delivery models to address local community needs.

(g) Maintenance of current services; expansion of Head Start

programs

(1) If in any fiscal year, the amounts appropriated to carry out

the program under this subchapter exceed the amount appropriated in

the prior fiscal year, the Secretary shall, prior to using such

additional funds to serve an increased number of children, allocate

such funds in a manner that makes available the funds necessary to

maintain the level of services provided during the prior year,

taking into consideration the percentage change in the Consumer

Price Index For All Urban Consumers, as published by the Bureau of

Labor Statistics.

(2) For the purpose of expanding Head Start programs, in

allocating funds to an applicant within a State, from amounts

allotted to a State pursuant to subsection (a)(4) of this section,

the Secretary shall take into consideration -

(A) the quality of the applicant's programs (including Head

Start and other child care or child development programs) in

existence on the date of the allocation, including, in the case

of Head Start programs in existence on the date of the

allocation, the extent to which such programs meet or exceed

performance standards and other requirements under this

subchapter, and the performance history of the applicant in

providing services under other Federal programs (other than the

program carried out under this subchapter);

(B) the applicant's capacity to expand services (including, in

the case of Head Start programs in existence on the date of the

allocation, whether the applicant accomplished any prior

expansions in an effective and timely manner);

(C) the extent to which the applicant has undertaken

community-wide strategic planning and needs assessments involving

other community organizations and public agencies serving

children and families (including organizations serving families

in whose homes English is not the language customarily spoken),

and organizations and public entities serving children with

disabilities;

(D) the extent to which the family and community needs

assessment of the applicant reflects a need to provide

full-working-day or full calendar year services and the extent to

which, and manner in which, the applicant demonstrates the

ability to collaborate and participate with other local community

providers of child care or preschool services to provide

full-working-day full calendar year services;

(E) the numbers of eligible children in each community who are

not participating in a Head Start program or any other early

childhood program;

(F) the concentration of low-income families in each community;

(G) the extent to which the applicant proposes to foster

partnerships with other service providers in a manner that will

enhance the resource capacity of the applicant; and

(H) the extent to which the applicant, in providing services,

plans to coordinate with the local educational agency serving the

community involved and with schools in which children

participating in a Head Start program operated by such agency

will enroll following such program, regarding such services and

the education services provided by such local educational agency.

(3) In determining the amount of funds reserved pursuant to

subparagraph (A) or (B) of subsection (a)(2) of this section to be

used for expanding Head Start programs under this subchapter, the

Secretary shall take into consideration, to the extent appropriate,

the factors specified in paragraph (2).

(4) Notwithstanding subsection (a)(2) of this section, after

taking into account paragraph (1), the Secretary may allocate a

portion of the remaining additional funds under subsection

(a)(2)(A) of this section for the purpose of increasing funds

available for activities described in such subsection.

(h) Full-working-day services

Financial assistance provided under this subchapter may be used

by each Head Start program to provide full-working-day Head Start

services to any eligible child throughout the full calendar year.

(i) Vehicle safety regulations

The Secretary shall issue regulations establishing requirements

for the safety features, and the safe operation, of vehicles used

by Head Start agencies to transport children participating in Head

Start programs.

(j) Compensation of staff

Any agency that receives financial assistance under this

subchapter to improve the compensation of staff who provide

services under this subchapter (!2) shall use the financial

assistance to improve the compensation of such staff, regardless of

whether the agency has the ability to improve the compensation of

staff employed by the agency who do not provide Head Start

services.

(k) Flexibility in hours of service requirement

(1) The Secretary shall allow center-based Head Start programs

the flexibility to satisfy the total number of hours of service

required by the regulations in effect on May 18, 1994, to be

provided to children in Head Start programs so long as such

agencies do not -

(A) provide less than 3 hours of service per day;

(B) reduce the number of days of service per week; or

(C) reduce the number of days of service per year.

(2) The provisions of this subsection shall not be construed to

restrict the authority of the Secretary to fund alternative program

variations authorized under section 1306.35 of title 45 of the Code

of Federal Regulations in effect on May 18, 1994.

(l) Frequent relocation of migrant families

(1) With funds made available under subsection (a)(2) of this

section to migrant and seasonal Head Start programs, the Secretary

shall give priority to migrant and seasonal Head Start programs

that serve eligible children of migrant and seasonal farmworker

families whose work requires them to relocate most frequently.

(2) For purposes of subsection (a)(2)(A) of this section, in

determining the need and demand for migrant and seasonal Head Start

programs (and services provided through such programs), the

Secretary shall consult with appropriate entities, including

providers of services for migrant and seasonal Head Start programs.

The Secretary shall, after taking into consideration the need and

demand for migrant and seasonal Head Start programs (and such

services), ensure that there is an adequate level of such services

for eligible children of migrant farmworkers before approving an

increase in the allocation of funds provided under such subsection

for unserved eligible children of seasonal farmworkers. In serving

the eligible children of seasonal farmworkers, the Secretary shall

ensure that services provided by migrant and seasonal Head Start

programs do not duplicate or overlap with other Head Start services

available to eligible children of such farmworkers.

(3) In carrying out this subchapter, the Secretary shall continue

the administrative arrangement responsible for meeting the needs of

children of migrant and seasonal farmworkers and Indian children

and shall ensure that appropriate funding is provided to meet such

needs.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 640, Aug. 13, 1981, 95 Stat. 499;

Pub. L. 98-558, title I, Sec. 103, Oct. 30, 1984, 98 Stat. 2878;

Pub. L. 99-425, title I, Sec. 102, Sept. 30, 1986, 100 Stat. 966;

Pub. L. 101-476, title IX, Sec. 901(d), Oct. 30, 1990, 104 Stat.

1151; Pub. L. 101-501, title I, Secs. 104(a), 105, 123(b), Nov. 3,

1990, 104 Stat. 1224, 1228, 1237; Pub. L. 102-119, Sec. 26(g), Oct.

7, 1991, 105 Stat. 607; Pub. L. 102-401, Sec. 2(a)-(d), (k)(1),

Oct. 7, 1992, 106 Stat. 1956, 1958; Pub. L. 103-252, title I, Sec.

105, May 18, 1994, 108 Stat. 626; Pub. L. 104-193, title I, Sec.

110(t), Aug. 22, 1996, 110 Stat. 2175; Pub. L. 105-285, title I,

Sec. 106(a)-(d), Oct. 27, 1998, 112 Stat. 2705-2711.)

-REFTEXT-

REFERENCES IN TEXT

The Individuals with Disabilities Education Act, referred to in

subsecs. (a)(5)(C)(iv) and (d), is title VI of Pub. L. 91-230, Apr.

13, 1970, 84 Stat. 175, as amended. Part C of the Act is classified

generally to subchapter III (Sec. 1431 et seq.) of chapter 33 of

Title 20, Education. Section 619 of the Act is classified to

section 1419 of Title 20. For complete classification of this Act

to the Code, see section 1400 of Title 20 and Tables.

This subchapter, referred to in subsec. (j), was in the original

"this Act" and was translated as reading "this subchapter", meaning

subchapter B (Secs. 635-657) of chapter 8 of subtitle A of title VI

of Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 499, known as the Head

Start Act, which is classified generally to this subchapter, to

reflect the probable intent of Congress.

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(2). Pub. L. 105-285, Sec. 106(a)(1)(F),

inserted at end of concluding provisions "No Freely Associated

State may receive financial assistance under this subchapter after

fiscal year 2002."

Subsec. (a)(2)(A). Pub. L. 105-285, Sec. 106(a)(1)(A),

substituted "Head Start programs, services for children with

disabilities, and migrant and seasonal Head Start programs" for

"and migrant Head Start programs and services for handicapped

children", "Head Start programs and by migrant and seasonal" for

"and migrant" before "Head Start programs" in two places, and

"1998" for "1994".

Subsec. (a)(2)(B). Pub. L. 105-285, Sec. 106(a)(1)(B),

substituted "(B) payments, subject to paragraph (7) - ", cls. (i)

to (iii), and "according" for "(B) payments to Guam, American

Samoa, the Federated States of Micronesia, the Republic of the

Marshall Islands, Palau, the Commonwealth of the Northern Mariana

Islands, and the Virgin Islands according".

Subsec. (a)(2)(C). Pub. L. 105-285, Sec. 106(a)(1)(C),

substituted ", of which not less than $3,000,000 of the amount

appropriated for such fiscal year shall be made available to carry

out activities described in section 9843(c)(4) of this title;" for

"; and".

Subsec. (a)(2)(D). Pub. L. 105-285, Sec. 106(a)(1)(D), which

directed substitution of "carried out under paragraph (1), (2), or

(3) of section 9836a(d) of this title related to correcting

deficiencies and conducting proceedings to terminate the

designation of Head Start agencies; and" for "related to the

development and implementation of quality improvement plans under

section 9836a(d)(2) of this title.", was executed by making the

substitution for "related to the development and implementation of

quality improvement plans under section 9836a(d)(2) of this

title)."

Subsec. (a)(2)(E). Pub. L. 105-285, Sec. 106(a)(1)(E), added

subpar. (E).

Subsec. (a)(3)(A)(i)(I). Pub. L. 105-285, Sec. 106(a)(2)(A),

substituted "60 percent of such excess amount for fiscal year 1999,

50 percent of such excess amount for fiscal year 2000, 47.5 percent

of such excess amount for fiscal year 2001, 35 percent of such

excess amount for fiscal year 2002, and 25 percent of such excess

amount for fiscal year 2003;" for "25 percent of such excess

amount;".

Subsec. (a)(3)(B)(ii). Pub. L. 105-285, Sec. 106(a)(2)(B)(i),

substituted "adequate numbers of qualified staff" for "adequate

qualified staff" and inserted "and children with disabilities"

before ", when appropriate".

Subsec. (a)(3)(B)(iv). Pub. L. 105-285, Sec. 106(a)(2)(B)(ii),

inserted before period at end ", and to encourage the staff to

continually improve their skills and expertise by informing the

staff of the availability of Federal and State incentive and loan

forgiveness programs for professional development".

Subsec. (a)(3)(B)(v). Pub. L. 105-285, Sec. 106(a)(2)(B)(iii),

inserted "and collaboration efforts for such programs" before

period at end.

Subsec. (a)(3)(B)(vi). Pub. L. 105-285, Sec. 106(a)(2)(B)(iv),

inserted before period at end ", and are accessible to children

with disabilities and their parents".

Subsec. (a)(3)(B)(vii), (viii). Pub. L. 105-285, Sec.

106(a)(2)(B)(v), (vi), added cl. (vii) and redesignated former cl.

(vii) as (viii).

Subsec. (a)(3)(C)(i)(I). Pub. L. 105-285, Sec.

106(a)(2)(C)(i)(I), substituted "this paragraph" for "this

subparagraph", "of classroom teachers and other staff" for "of

staff", and "qualified staff, including recruitment and retention

pursuant to achieving the requirements set forth in section

9843a(a) of this title" for "such staff", and inserted at end

"Preferences in awarding salary increases, in excess of

cost-of-living allowances, with such funds shall be granted to

classroom teachers and staff who obtain additional training or

education related to their responsibilities as employees of a Head

Start program."

Subsec. (a)(3)(C)(i)(II). Pub. L. 105-285, Sec.

106(a)(2)(C)(i)(II), substituted "this subparagraph" for "the

subparagraph".

Subsec. (a)(3)(C)(i)(III). Pub. L. 105-285, Sec.

106(a)(2)(C)(i)(III), added subcl. (III).

Subsec. (a)(3)(C)(ii). Pub. L. 105-285, Sec. 106(a)(2)(C)(ii),

amended cl. (ii) generally. Prior to amendment, cl. (ii) read as

follows: "To pay transportation costs incurred by Head Start

agencies to enable eligible children to participate in a Head Start

program."

Subsec. (a)(3)(C)(v) to (vii). Pub. L. 105-285, Sec.

106(a)(2)(C)(iii), (iv), redesignated cls. (vi) and (vii) as (v)

and (vi), respectively, and struck out former cl. (v) which read as

follows: "To make nonstructural and minor structural changes, and

to acquire and install equipment, for the purpose of improving

facilities necessary to expand the availability, or enhance the

quality, of Head Start programs."

Subsec. (a)(3)(D)(i)(II). Pub. L. 105-285, Sec. 106(a)(2)(D),

substituted "Head Start programs and migrant and seasonal" for "and

migrant".

Subsec. (a)(4). Pub. L. 105-285, Sec. 106(a)(3)(C), inserted

concluding provisions.

Subsec. (a)(4)(A). Pub. L. 105-285, Sec. 106(a)(3)(A),

substituted "1998" for "1981".

Subsec. (a)(4)(B). Pub. L. 105-285, Sec. 106(a)(3)(B), amended

subpar. (B) generally. Prior to amendment, subpar. (B) read as

follows:

"(B)(i) 33 1/3 percent of any amount available after all

allotments have been made under subparagraph (A) for such fiscal

year shall be distributed on the basis of the relative number of

children from birth through 18 years of age, on whose behalf

payments are made under the State program of assistance funded

under part A of title IV of the Social Security Act in each State

as compared to all States; and

"(ii) 66 2/3 percent of such amount shall be distributed on the

basis of the relative number of children from birth through 5 years

of age living with families with incomes below the poverty line in

each State as compared to all States."

Subsec. (a)(5)(A). Pub. L. 105-285, Sec. 106(a)(4)(A),

substituted "subparagraphs (B) and (D)" for "subparagraph (B)".

Subsec. (a)(5)(B). Pub. L. 105-285, Sec. 106(a)(4)(B), inserted

before period at end "and to encourage Head Start agencies to

collaborate with entities involved in State and local planning

processes (including the State lead agency administering the

financial assistance received under subchapter II-B of this chapter

and the entities providing resource and referral services in the

State) in order to better meet the needs of low-income children and

families".

Subsec. (a)(5)(C)(i)(I). Pub. L. 105-285, Sec. 106(a)(4)(C)(i),

inserted "the appropriate regional office of the Administration for

Children and Families and" before "agencies".

Subsec. (a)(5)(C)(iii). Pub. L. 105-285, Sec. 106(a)(4)(C)(ii),

struck out "and" at end.

Subsec. (a)(5)(C)(iv). Pub. L. 105-285, Sec. 106(a)(4)(C)(iii),

substituted "education, and community service activities," for

"education, and national service activities,", "activities" for

"and activities" before "relating to children with disabilities",

and "(including coordination of services with those State officials

who are responsible for administering part C and section 619 of the

Individuals with Disabilities Education Act (20 U.S.C. 1431-1445,

1419)), and services for homeless children;" for period at end.

Subsec. (a)(5)(C)(v), (vi). Pub. L. 105-285, Sec.

106(a)(4)(C)(iv), added cls. (v) and (vi).

Subsec. (a)(5)(D) to (F). Pub. L. 105-285, Sec. 106(a)(4)(D),

(E), added subpars. (D) and (E) and redesignated former subpar. (D)

as (F).

Subsec. (a)(6). Pub. L. 105-285, Sec. 106(a)(5), designated

existing provisions as subpar. (A), substituted "7.5 percent for

fiscal year 1999, 8 percent for fiscal year 2000, 9 percent for

fiscal year 2001, 10 percent for fiscal year 2002, and 10 percent

for fiscal year 2003, of the amount appropriated pursuant to

section 9834(a) of this title, except as provided in subparagraph

(B)." for "3 percent for fiscal year 1995, 4 percent for each of

fiscal years 1996 and 1997, and 5 percent for fiscal year 1998, of

the amount appropriated pursuant to section 9834(a) of this

title.", and added subpars. (B) and (C).

Subsec. (d). Pub. L. 105-285, Sec. 106(b)(2), which directed

striking out "(as defined in section 1401(a) of title 20)", was

executed by striking out "(as defined in section 1401(a)(1) of

title 20)" after "children with disabilities" to reflect the

probable intent of Congress.

Pub. L. 105-285, Sec. 106(b)(1), (3), substituted "1999" for

"1982" and inserted at end "Such policies and procedures shall

require Head Start agencies to coordinate programmatic efforts with

efforts to implement part C and section 619 of the Individuals with

Disabilities Education Act (20 U.S.C. 1431-1445, 1419).".

Subsec. (g)(2)(A). Pub. L. 105-285, Sec. 106(c)(1)(A), inserted

before semicolon at end ", and the performance history of the

applicant in providing services under other Federal programs (other

than the program carried out under this subchapter)".

Subsec. (g)(2)(C). Pub. L. 105-285, Sec. 106(c)(1)(B), inserted

", and organizations and public entities serving children with

disabilities" before semicolon at end.

Subsec. (g)(2)(D). Pub. L. 105-285, Sec. 106(c)(1)(C), inserted

before semicolon at end "and the extent to which, and manner in

which, the applicant demonstrates the ability to collaborate and

participate with other local community providers of child care or

preschool services to provide full-working-day full calendar year

services".

Subsec. (g)(2)(E). Pub. L. 105-285, Sec. 106(c)(1)(D),

substituted "program or any other early childhood program;" for

"program; and".

Subsec. (g)(2)(G), (H). Pub. L. 105-285, Sec. 106(c)(1)(E), (F),

added subpars. (G) and (H).

Subsec. (g)(4). Pub. L. 105-285, Sec. 106(c)(2), added par. (4).

Subsec. (l). Pub. L. 105-285, Sec. 106(d), designated existing

provisions as par. (1), substituted "migrant and seasonal Head

Start programs" for "migrant Head Start programs" in two places and

"migrant and seasonal farmworker families" for "migrant families",

and added pars. (2) and (3).

1996 - Subsec. (a)(4)(B)(i). Pub. L. 104-193 substituted "State

program of assistance funded" for "program of aid to families with

dependent children under a State plan approved".

1994 - Subsec. (a)(1). Pub. L. 103-252, Sec. 105(b)(1),

substituted "through (4), and subject to paragraphs (5) and (6)"

for "through (5)".

Subsec. (a)(2)(A). Pub. L. 103-252, Sec. 105(b)(2)(A),

substituted "1994" for "1990".

Subsec. (a)(2)(D). Pub. L. 103-252, Sec. 105(b)(2)(B), inserted

"(including payments for all costs (other than compensation of

Federal employees) of reviews of Head Start agencies and programs

under section 9836a(c) of this title, and of activities related to

the development and implementation of quality improvement plans

under section 9836a(d)(2) of this title)" after "Secretary".

Subsec. (a)(3)(A), (B). Pub. L. 103-252, Sec. 105(a)(2), added

subpars. (A) and (B). Former subpars. (A) and (B) redesignated

subpars. (C) and (D), respectively.

Subsec. (a)(3)(C). Pub. L. 103-252, Sec. 105(a)(1)-(3),

redesignated subpar. (A) as (C), substituted in introductory

provisions "Quality improvement funds shall be used to carry out

any or all of the following activities:" for "For any fiscal year

for which the amount appropriated under section 9834(a) of this

title exceeds the adjusted appropriation, the Secretary shall

reserve the quality improvement funds for such fiscal year, for one

or more of the following quality improvement activities:", and

added cl. (vii).

Subsec. (a)(3)(D). Pub. L. 103-252, Sec. 105(a)(1), redesignated

subpar. (B) as (D).

Subsec. (a)(3)(D)(i). Pub. L. 103-252, Sec. 105(a)(4)(A), (b)(3),

struck out "for the first, second, and third fiscal years for which

funds are so reserved" after "subparagraph (A)" in introductory

provisions, substituted "paragraph (4)" for "paragraph (5)" in

subcl. (I), and inserted "geographical areas specified in

subsection (a)(2)(B) of this section and Indian and migrant Head

Start programs," after "States," in subcl. (II).

Subsec. (a)(3)(D)(ii). Pub. L. 103-252, Sec. 105(b)(3),

substituted "paragraph (4)" for "paragraph (5)".

Pub. L. 103-252, Sec. 105(a)(4)(B), (E), redesignated cl. (iv) as

(ii) and struck out former cl. (ii) which read as follows: "Funds

reserved under subparagraph (A) for any fiscal year subsequent to

the third fiscal year for which funds are so reserved shall be

allotted by the Secretary among the States in the same proportion

as the Secretary allots funds among the States under paragraph (5)

for the respective subsequent fiscal year."

Subsec. (a)(3)(D)(iii). Pub. L. 103-252, Sec. 105(a)(4)(B), (E),

redesignated cl. (vi) as (iii) and struck out former cl. (iii)

which read as follows: "To be expended for the activities specified

in subparagraph (A) in the first fiscal, second, and third fiscal

years for which funds are required by such subparagraph to be

reserved, funds allotted under clause (i)(I) shall be used by the

Secretary to make a grant to each Head Start agency that receives a

grant from funds allotted under paragraph (5) for such fiscal year,

in the amount that bears the same ratio to the amount allotted

under clause (i)(I) for such fiscal year for the State in which

such agency is located as the number of children participating in

the Head Start program of such agency in such fiscal year bears to

the number of children participating in all Head Start programs in

such State in such fiscal year."

Subsec. (a)(3)(D)(iv). Pub. L. 103-252, Sec. 105(a)(4)(E),

redesignated cl. (iv) as (ii).

Pub. L. 103-252, Sec. 105(a)(4)(C), substituted "Funds" for "To

be expended for the activities specified in subparagraph (A) in

each subsequent fiscal year for which funds are required by such

subparagraph to be reserved, funds" and "clause (i)" for "clause

(ii)", inserted ", for expenditure for activities specified in

subparagraph (C)", and struck out at end "The aggregate amount of

grants made under this clause to Head Start agencies in a State for

a fiscal year may not exceed the amount allotted under clause (ii)

for such State for such fiscal year."

Subsec. (a)(3)(D)(v). Pub. L. 103-252, Sec. 105(a)(4)(E), struck

out cl. (v) which read as follows: "If a Head Start agency

certifies for such fiscal year to the Secretary that it does not

need any funds under subparagraph (A), or does not need part of

such funds it would otherwise receive under clause (iii) or (iv),

then unneeded funds shall be used by the Secretary to make grants

under this subparagraph without regard to such agency."

Subsec. (a)(3)(D)(vi). Pub. L. 103-252, Sec. 105(a)(4)(E),

redesignated cl. (vi) as (iii).

Pub. L. 103-252, Sec. 105(a)(4)(D), substituted "paragraph (2) or

(4)" for "paragraphs (2), (4), and (5)".

Subsec. (a)(4). Pub. L. 103-252, Sec. 105(b)(4), (5),

redesignated par. (5) as (4), substituted "Subject to section

9834(b) of this title, the Secretary" for "The Secretary", and

struck out former par. (4), which related to Secretary reserving

sums for grants to carry out early childhood intervention programs,

known as "Parent-Child Centers".

Subsec. (a)(5), (6). Pub. L. 103-252, Sec. 105(b)(6), added pars.

(5) and (6). Former pars. (5) and (6) redesignated (4) and (7),

respectively.

Subsec. (a)(7). Pub. L. 103-252, Sec. 105(b)(4), redesignated

par. (6) as (7).

Subsec. (g). Pub. L. 103-252, Sec. 105(c), designated existing

provisions as par. (1) and added pars. (2) and (3).

Subsec. (h). Pub. L. 103-252, Sec. 105(d), substituted "Financial

assistance provided under this subchapter may be used by each Head

Start program to" for "Each Head Start program may".

Subsecs. (j) to (l). Pub. L. 103-252, Sec. 105(e), added subsecs.

(j) to (l).

1992 - Subsec. (a)(2)(A). Pub. L. 102-401, Sec. 2(k)(1)(A)(i)(I),

inserted "children" after "handicapped".

Subsec. (a)(2)(B). Pub. L. 102-401, Sec. 2(k)(1)(A)(i)(II),

substituted "Commonwealth of" for "Commonwealth of,".

Subsec. (a)(2)(C). Pub. L. 102-401, Sec. 2(k)(1)(A)(i)(III),

substituted "such fiscal year" for "any such fiscal year".

Subsec. (a)(3)(A)(vi). Pub. L. 102-401, Sec. 2(k)(1)(A)(ii),

substituted "paragraph (2)(C)" for "subsection (a)(2)(C) of this

section".

Subsec. (a)(3)(B)(i). Pub. L. 102-401, Sec. 2(a)(1), substituted

", second, and third" for "and second".

Subsec. (a)(3)(B)(ii). Pub. L. 102-401, Sec. 2(a)(2), substituted

"third" for "second".

Subsec. (a)(3)(B)(iii). Pub. L. 102-401, Sec. 2(a)(1),

substituted ", second, and third" for "and second".

Subsec. (a)(4)(B)(i)(II). Pub. L. 102-401, Sec. 2(b), inserted ",

literacy," after "skills".

Subsec. (a)(5)(B)(i). Pub. L. 102-401, Sec. 2(k)(1)(A)(iii),

substituted "subparagraph (A)" for "clause (A)".

Subsec. (b). Pub. L. 102-401, Sec. 2(c), struck out ", in

accordance with regulations establishing objective criteria," after

"if the Secretary determines" and inserted after first sentence

"For the purpose of making such determination, the Secretary shall

take into consideration with respect to the Head Start program

involved - " and cls. (1) to (5).

Subsec. (g). Pub. L. 102-401, Sec. 2(k)(1)(B), substituted "Price

Index For All" for "Price Index for all".

Subsec. (i). Pub. L. 102-401, Sec. 2(d), added subsec. (i).

1991 - Subsec. (d). Pub. L. 102-119 substituted "section

1401(a)(1) of title 20" for "paragraph (1) of section 1401 of title

20". The references to section 1401 of title 20 include the

substitution of "Individuals with Disabilities Education Act" for

"Education of the Handicapped Act" in the original.

1990 - Subsec. (a)(1). Pub. L. 101-501, Sec. 104(a)(1),

substituted "through (5)" for "and (3)".

Subsec. (a)(2). Pub. L. 101-501, Sec. 104(a)(2)(D), (E), struck

out before last sentence "The minimum reservation contained in

clause (C) of this paragraph shall not apply in any fiscal year in

which the appropriation for the program authorized by this

subchapter is less than the amount appropriated for fiscal year

1984." and inserted "or paragraph (3)" after "under this paragraph"

in last sentence.

Subsec. (a)(2)(A). Pub. L. 101-501, Sec. 104(a)(2)(A),

substituted ", except that there shall be made available for each

fiscal year for use by Indian and migrant Head Start programs, on a

nationwide basis, not less than the amount that was obligated for

use by Indian and migrant Head Start programs for fiscal year 1990"

for "children, except that there shall be made available for use by

Indian and migrant Head Start programs, on a nationwide basis, no

less funds for fiscal year 1987 and each subsequent fiscal year

than were obligated for use by Indian and migrant Head Start

programs for fiscal year 1985".

Subsec. (a)(2)(B). Pub. L. 101-501, Sec. 104(a)(2)(B),

substituted "the Federated States of Micronesia, the Republic of

the Marshall Islands, Palau, the Commonwealth of" for "the Trust

Territory of the Pacific Islands".

Subsec. (a)(2)(C). Pub. L. 101-501, Sec. 104(a)(2)(C),

substituted "2 percent of the amount appropriated for any such

fiscal year" for "the amount expended for training and technical

assistance activities under this clause for fiscal year 1982".

Subsec. (a)(3), (4). Pub. L. 101-501, Sec. 104(a)(5), added pars.

(3) and (4). Former pars. (3) and (4) redesignated (5) and (6),

respectively.

Subsec. (a)(5). Pub. L. 101-501, Sec. 104(a)(3), (4),

redesignated par. (3) as (5) and struck out "87 percent of the"

after "allot the remaining".

Subsec. (a)(6). Pub. L. 101-501, Sec. 104(a)(4), (6),

redesignated par. (4) as (6), inserted "the Commonwealth of" before

"the Northern Mariana", and substituted "the Federated States of

Micronesia, the Republic of the Marshall Islands, and Palau" for

"or the Trust Territory of the Pacific Islands".

Subsec. (d). Pub. L. 101-501, Sec. 105(1), struck out sentence at

end requiring Secretary to report to Congress at least annually on

status of children with disabilities in Head Start programs.

Pub. L. 101-476, Sec. 901(d), substituted "children with

disabilities" for "handicapped children" in two places and

substituted "disabling" for "handicapping".

Subsecs. (f), (g). Pub. L. 101-501, Sec. 105(2), added subsecs.

(f) and (g).

Subsec. (h). Pub. L. 101-501, Sec. 123(b), added subsec. (h).

1986 - Subsec. (a)(2)(A). Pub. L. 99-425, in amending cl. (A)

generally, designated existing subcl. (i) as all of cl. (A),

substituted "1987" for "1982" and "1985" for "1981", and struck out

subcl. (ii) relating to cost-of-living adjustments.

1984 - Subsec. (a)(2). Pub. L. 98-558 inserted "as described in

section 9843 of this title, in an amount for each fiscal year which

is not less than the amount expended for training and technical

assistance activities under this clause for fiscal year 1982" in

cl. (C), and inserted at end "The minimum reservation contained in

clause (C) of this paragraph shall not apply in any fiscal year in

which the appropriation for the program authorized by this

subchapter is less than the amount appropriated for fiscal year

1984. No funds reserved under this paragraph may be combined with

funds appropriated under any other Act if the purpose of combining

funds is to make a single discretionary grant or a single

discretionary payment, unless such funds appropriated under this

subchapter are separately identified in such grant or payment and

are used for the purposes of this subchapter."

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-193 effective July 1, 1997, with

transition rules relating to State options to accelerate such date,

rules relating to claims, actions, and proceedings commenced before

such date, rules relating to closing out of accounts for terminated

or substantially modified programs and continuance in office of

Assistant Secretary for Family Support, and provisions relating to

termination of entitlement under AFDC program, see section 116 of

Pub. L. 104-193, as amended, set out as an Effective Date note

under section 601 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-252 effective May 18, 1994, but not

applicable to Head Start agencies and other recipients of financial

assistance under the Head Start Act (42 U.S.C. 9831 et seq.) until

Oct. 1, 1994, see section 127 of Pub. L. 103-252, set out as a note

under section 9832 of this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Section 4 of Pub. L. 102-401 provided that:

"(a) Effective Dates. - (1) Except as provided in paragraph (2)

and subsection (b), this Act [amending this section and sections

9835a to 9839, 9846, 9846a, and 9858n of this title and enacting

provisions set out as a note under section 9836 of this title] and

the amendments made by this Act shall take effect on the date of

the enactment of this Act [Oct. 7, 1992].

"(2) The amendment made by section 2(e)(1) [amending section 9836

of this title] shall take effect on July 30, 1992.

"(b) Application of Amendments. - The amendments made by this

Act, other than the amendment made by section 2(e)(1), shall not

apply with respect to fiscal years beginning before October 1,

1992."

EFFECTIVE DATE OF 1990 AMENDMENTS

Amendment by Pub. L. 101-501 effective Oct. 1, 1990, see section

1001(a) of Pub. L. 101-501, set out as a note under section 8621 of

this title.

Amendment by Pub. L. 101-476 effective Oct. 1, 1990, see section

1001 of Pub. L. 101-476, set out as a note under section 1087ee of

Title 20, Education.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-425 effective Oct. 1, 1986, see section

1001 of Pub. L. 99-425, set out as a note under section 8621 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9832, 9839, 9840, 9840a,

9843, 9843a, 9844, 9846 of this title; title 20 section 9409.

-FOOTNOTE-

(!1) So in original. Probably should be "agencies);". See 1998

Amendment note below.

(!2) See References in Text note below.

-End-

-CITE-

42 USC Sec. 9835a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-

Sec. 9835a. Repealed. Pub. L. 103-252, title I, Sec. 106, May 18,

1994, 108 Stat. 629

-MISC1-

Section, Pub. L. 97-35, title VI, Sec. 640A, as added Pub. L.

101-501, title I, Sec. 106, Nov. 3, 1990, 104 Stat. 1229; amended

Pub. L. 102-401, Sec. 2(k)(2), Oct. 7, 1992, 106 Stat. 1958,

directed Secretary to prepare both interim and final comprehensive

reports to Congress on administration, funding, and demographics of

Head Start programs.

EFFECTIVE DATE OF REPEAL

Repeal effective May 18, 1994, but not applicable to Head Start

agencies and other recipients of financial assistance under the

Head Start Act (42 U.S.C. 9831 et seq.) until Oct. 1, 1994, see

section 127 of Pub. L. 103-252, set out as an Effective Date of

1994 Amendment note under section 9832 of this title.

-End-

-CITE-

42 USC Sec. 9836 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-

Sec. 9836. Designation of Head Start agencies

-STATUTE-

(a) Authorization; prerequisites

The Secretary is authorized to designate as a Head Start agency

any local public or private nonprofit or for-profit agency, within

a community, which (1) has the power and authority to carry out the

purposes of this subchapter and perform the functions set forth in

section 9837 of this title within a community; and (2) is

determined by the Secretary (in consultation with the chief

executive officer of the State involved, if such State expends

non-Federal funds to carry out Head Start programs) to be capable

of planning, conducting, administering, and evaluating, either

directly or by other arrangements, a Head Start program.

(b) Definition

For purposes of this subchapter, a community may be a city,

county, or multicity or multicounty unit within a State, an Indian

reservation (including Indians in any off-reservation area

designated by an appropriate tribal government in consultation with

the Secretary), or a neighborhood or other area (irrespective of

boundaries or political subdivisions) which provides a suitable

organizational base and possesses the commonality of interest

needed to operate a Head Start program.

(c) Priority

(1) In the administration of the provisions of this section

(subject to paragraph (2)), the Secretary shall, in consultation

with the chief executive officer of the State involved if such

State expends non-Federal funds to carry out Head Start programs,

give priority in the designation of Head Start agencies to any

local public or private nonprofit or for-profit agency which is

receiving funds under any Head Start program on August 13, 1981,

unless the Secretary determines that the agency involved fails to

meet program and financial management requirements, performance

standards described in section 9836a(a)(1) of this title,

results-based performance measures developed by the Secretary under

section 9836a(b) of this title, or other requirements established

by the Secretary.

(2) If there is no agency of the type referred to in paragraph

(1) because of any change in the assistance furnished to programs

for economically disadvantaged persons, the Secretary shall, in

consultation with the chief executive officer of the State if such

State expends non-Federal funds to carry out Head Start programs,

give priority in the designation of Head Start agencies to any

successor agency that is operating a Head Start program in

substantially the same manner as the predecessor agency that did

receive funds in the fiscal year preceding the fiscal year for

which the determination is made.

(3) Notwithstanding any other provision of this subsection, the

Secretary shall not give such priority to any agency with respect

to which financial assistance has been terminated, or an

application for refunding has been denied, under this subchapter by

the Secretary after affording such agency reasonable notice and

opportunity for a full and fair hearing in accordance with section

9841(a)(3) of this title.

(d) Designation; Head Start agency; qualified applicants

If no entity in a community is entitled to the priority specified

in subsection (c) of this section, then the Secretary may designate

a Head Start agency from among qualified applicants in such

community. In selecting from among qualified applicants for

designation as a Head Start agency, the Secretary shall give

priority to any qualified agency that functioned as a Head Start

delegate agency in the community and carried out a Head Start

program that the Secretary determines met or exceeded such

performance standards and such results-based performance measures.

In selecting from among qualified applicants for designation as a

Head Start agency, the Secretary shall consider the effectiveness

of each such applicant to provide Head Start services, based on -

(1) any past performance of such applicant in providing

services comparable to Head Start services, including how

effectively such applicant provided such comparable services;

(2) the plan of such applicant to provide comprehensive health,

nutritional, educational, social, and other services needed to

aid participating children in attaining their full potential;

(3) the plan of such applicant to coordinate the Head Start

program it proposes to carry out, with other preschool programs,

including Even Start programs under part B of chapter 1 of title

I of the Elementary and Secondary Education Act of 1965 (!1) (20

U.S.C. 2741 et seq.) and programs under part C and section 619 of

the Individuals with Disabilities Education Act (20 U.S.C.

1431-1445, 1419), and with the educational programs such children

will enter at the age of compulsory school attendance;

(4) the plan of such applicant -

(A) to seek the involvement of parents of participating

children in activities (at home and in the center involved

where practicable) designed to help such parents become full

partners in the education of their children;

(B) to afford such parents the opportunity to participate in

the development, conduct, and overall performance of the

program at the local level;

(C) to offer (directly or through referral to local entities,

such as entities carrying out Even Start programs under part B

of chapter 1 of title I of the Elementary and Secondary

Education Act of 1965 (!1) (20 U.S.C. 2741 et seq.), public and

school libraries, and family support programs) to such parents

-

(i) family literacy services; and

(ii) parenting skills training;

(D) to offer to parents of participating children substance

abuse counseling (either directly or through referral to local

entities), including information on drug-exposed infants and

fetal alcohol syndrome;

(E) at the option of such applicant, to offer (directly or

through referral to local entities) to such parents -

(i) training in basic child development;

(ii) assistance in developing communication skills;

(iii) opportunities for parents to share experiences with

other parents; or

(iv) any other activity designed to help such parents

become full partners in the education of their children; and

(F) to provide, with respect to each participating family, a

family needs assessment that includes consultation with such

parents about the benefits of parent involvement and about the

activities described in subparagraphs (C), (D), and (E) in

which such parents may choose to become involved (taking into

consideration their specific family needs, work schedules, and

other responsibilities);

(5) the ability of such applicant to carry out the plans

described in paragraphs (2), (3), and (4);

(6) other factors related to the requirements of this

subchapter;

(7) the plan of such applicant to meet the needs of non-English

background children and their families, including needs related

to the acquisition of the English language;

(8) the plan of such applicant to meet the needs of children

with disabilities;

(9) the plan of such applicant who chooses to assist younger

siblings of children who will participate in the proposed Head

Start program to obtain health services from other sources; and

(10) the plan of such applicant to collaborate with other

entities carrying out early childhood education and child care

programs in the community.

(e) Designation of agency on an interim basis

If no agency in the community receives priority designation under

subsection (c) of this section, and there is no qualified applicant

in the community, the Secretary shall designate a qualified agency

to carry out the Head Start program in the community on an interim

basis until a qualified applicant from the community is so

designated.

(f) Involvement of parents and area residents in selection of

agencies

The Secretary shall require that the practice of significantly

involving parents and area residents affected by the program in

selection of Head Start agencies be continued.

(g) Priority for nonprofit agencies and applicants with

demonstrated capacity

If the Secretary determines that a nonprofit agency and a

for-profit agency have submitted applications for designation of

equivalent quality under subsection (d) of this section, the

Secretary may give priority to the nonprofit agency. In selecting

from among qualified applicants for designation as a Head Start

agency under subsection (d) of this section, the Secretary shall

give priority to applicants that have demonstrated capacity in

providing comprehensive early childhood services to children and

their families.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 641, Aug. 13, 1981, 95 Stat. 501;

Pub. L. 98-558, title I, Sec. 104, Oct. 30, 1984, 98 Stat. 2878;

Pub. L. 101-501, title I, Secs. 107, 108, Nov. 3, 1990, 104 Stat.

1229, 1230; Pub. L. 102-401, Sec. 2(e)(1), (f)-(h), Oct. 7, 1992,

106 Stat. 1957; Pub. L. 103-252, title I, Sec. 107, May 18, 1994,

108 Stat. 629; Pub. L. 105-285, title I, Sec. 107, Oct. 27, 1998,

112 Stat. 2712.)

-REFTEXT-

REFERENCES IN TEXT

Part B of chapter 1 of title I of the Elementary and Secondary

Education Act of 1965, referred to in subsec. (d)(3), (4)(C), means

part B of chapter 1 of title I of Pub. L. 89-10 which was

classified generally to part B (Sec. 2741 et seq.) of division 1 of

subchapter I of chapter 47 of Title 20, Education, prior to being

omitted in the general amendment of Pub. L. 89-10 by Pub. L.

103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3519. See

section 6381 et seq. of Title 20.

The Individuals with Disabilities Education Act, referred to in

subsec. (d)(3), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84

Stat. 175, as amended. Part C of the Act is classified generally to

subchapter III (Sec. 1431 et seq.) of chapter 33 of Title 20,

Education. Section 619 of the Act is classified to section 1419 of

Title 20. For complete classification of this Act to the Code, see

section 1400 of Title 20 and Tables.

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-285, Sec. 107(1), inserted "or

for-profit" after "nonprofit" and "(in consultation with the chief

executive officer of the State involved, if such State expends

non-Federal funds to carry out Head Start programs)" after

"Secretary" in cl. (2).

Subsec. (b). Pub. L. 105-285, Sec. 107(2), substituted

"off-reservation area designated by an appropriate tribal

government in consultation with the Secretary" for "area designated

by the Bureau of Indian Affairs as near-reservation".

Subsec. (c)(1). Pub. L. 105-285, Sec. 107(3)(A), inserted ", in

consultation with the chief executive officer of the State involved

if such State expends non-Federal funds to carry out Head Start

programs," after "Secretary shall" and "or for-profit" after

"nonprofit" and substituted "determines that the agency involved

fails to meet program and financial management requirements,

performance standards described in section 9836a(a)(1) of this

title, results-based performance measures developed by the

Secretary under section 9836a(b) of this title, or other

requirements established by the Secretary" for "makes a finding

that the agency involved fails to meet program, financial

management, and other requirements established by the Secretary".

Subsec. (c)(2). Pub. L. 105-285, Sec. 107(3)(B), (C), inserted ",

in consultation with the chief executive officer of the State if

such State expends non-Federal funds to carry out Head Start

programs," after "Secretary shall" and realigned margins.

Subsec. (c)(3). Pub. L. 105-285, Sec. 107(3)(C), realigned

margins.

Subsec. (d). Pub. L. 105-285, Sec. 107(4)(A), inserted in

introductory provisions "In selecting from among qualified

applicants for designation as a Head Start agency, the Secretary

shall give priority to any qualified agency that functioned as a

Head Start delegate agency in the community and carried out a Head

Start program that the Secretary determines met or exceeded such

performance standards and such results-based performance measures."

Subsec. (d)(3). Pub. L. 105-285, Sec. 107(4)(B), inserted "and

programs under part C and section 619 of the Individuals with

Disabilities Education Act (20 U.S.C. 1431-1445, 1419)" after "(20

U.S.C. 2741 et seq.)".

Subsec. (d)(4)(A). Pub. L. 105-285, Sec. 107(4)(C)(i), inserted

"(at home and in the center involved where practicable)" after

"activities".

Subsec. (d)(4)(D). Pub. L. 105-285, Sec. 107(4)(C)(v), added

subpar. (D). Former subpar. (D) redesignated (E).

Subsec. (d)(4)(D)(iii). Pub. L. 105-285, Sec. 107(4)(C)(ii)(I),

inserted "or" at end.

Subsec. (d)(4)(D)(iv), (v). Pub. L. 105-285, Sec.

107(4)(C)(ii)(II), (III), redesignated cl. (v) as (iv) and struck

out former cl. (iv) which read as follows: "substance abuse

counseling; or".

Subsec. (d)(4)(E). Pub. L. 105-285, Sec. 107(4)(C)(iv),

redesignated subpar. (D) as (E). Former subpar. (E) redesignated

(F).

Pub. L. 105-285, Sec. 107(4)(C)(iii), substituted ", (D), and

(E)" for "and (D)".

Subsec. (d)(4)(F). Pub. L. 105-285, Sec. 107(4)(C)(iv),

redesignated subpar. (E) as (F).

Subsec. (d)(7). Pub. L. 105-285, Sec. 107(4)(D), amended par. (7)

generally. Prior to amendment, par. (7) read as follows: "the plan

of such applicant to meet the needs of non-English language

background children and their families in the community; and".

Subsec. (d)(8) to (10). Pub. L. 105-285, Sec. 107(4)(E)-(G),

added pars. (8) and (10) and redesignated former par. (8) as (9).

Subsec. (e). Pub. L. 105-285, Sec. 107(5), added subsec. (e) and

struck out former subsec. (e) which read as follows: "If, in a

community served by a Head Start program, there is no applicant

qualified for designation as a Head Start agency to carry out such

program, the Secretary may appoint an interim grantee to carry out

such program until a qualified applicant is so designated."

Subsec. (g). Pub. L. 105-285, Sec. 107(6), added subsec. (g).

1994 - Subsec. (b). Pub. L. 103-252, Sec. 107(a), inserted

"(including Indians in any area designated by the Bureau of Indian

Affairs as near-reservation)" after "Indian reservation".

Subsec. (c)(1). Pub. L. 103-252, Sec. 107(b)(2), (3), (5),

inserted "(subject to paragraph (2))" after "the provisions of this

section", struck out subpar. (A), inserted "the Secretary makes a

finding that the agency involved fails to meet program, financial

management, and other requirements established by the Secretary."

after "unless", and redesignated subpar. (B) as par. (2) and

concluding provisions as par. (3).

Subsec. (c)(2). Pub. L. 103-252, Sec. 107(b)(1), (3), (4), (6),

redesignated par. (1)(B) as (2) and realigned margins, substituted

"If" for "except that, if" and "paragraph (1)" for "subparagraph

(A)", and struck out former par. (2) which read as follows:

"(2)(A) The Secretary shall conduct a full review of each

designated Head Start agency at least once during each 3-year

period, and shall determine whether each agency meets program and

fiscal requirements established by the Secretary.

"(B) The Secretary shall conduct a review of each newly

designated Head Start agency immediately after the completion of

the first year such agency carries out a Head Start program.

"(C) The Secretary shall conduct followup reviews of Head Start

agencies when appropriate."

Subsec. (c)(3). Pub. L. 103-252, Sec. 107(b)(1), (5),

redesignated concluding provisions of par. (1) as (3), substituted

"this subsection" for "this paragraph", and struck out former par.

(3) which read as follows: "In carrying out a review of each Head

Start agency under paragraph (2), the Secretary shall -

"(A) to the maximum extent practicable, carry out such review

by using employees of the Department of Health and Human Services

who are knowledgeable about Head Start programs;

"(B) ensure that an employee of the Department of Health and

Human Services who is knowledgeable about Head Start programs

supervises such review at the site of such agency;

"(C) measure the compliance of the programs of such agency with

the performance standards in effect under section 9846(b) of this

title; and

"(D) identify the types and conditions of facilities in which

such programs are located."

Subsec. (c)(4). Pub. L. 103-252, Sec. 107(b)(1), struck out par.

(4) which read as follows: "The results of a review conducted under

this subsection shall not be sufficient alone for the purpose of

determining whether to continue, or to discontinue, providing funds

to a particular Head Start agency."

Subsec. (d). Pub. L. 103-252, Sec. 107(c)(1)-(3)(A), in

introductory provisions substituted "If no entity in a community is

entitled to the priority specified in subsection (c) of this

section," for "If there is no Head Start agency as described in

subsection (c)(2) of this section, and no existing Head Start

program serving a community," and struck out "Any such designation

shall be governed by the program and fiscal requirements, criteria,

and standards applicable on September 1, 1983, to then existing

Head Start agencies." after first sentence and "subject to the

preceding sentence" after "as a Head Start agency".

Subsec. (d)(3). Pub. L. 103-252, Sec. 107(c)(3)(B), inserted ",

including Even Start programs under part B of chapter 1 of title I

of the Elementary and Secondary Education Act of 1965 (20 U.S.C.

2741 et seq.)," after "preschool programs".

Subsec. (d)(4). Pub. L. 103-252, Sec. 107(c)(3)(C), amended par.

(4) generally. Prior to amendment, par. (4) read as follows: "the

plan of such applicant to involve parents of children who will

participate in the proposed Head Start program in appropriate

educational services (in accordance with the performance standards

in effect under section 9846(b) of this title or through referral

of such parents to educational services available in the community)

in order to aid their children to attain their full potential;".

Subsec. (d)(7). Pub. L. 103-252, Sec. 107(c)(4), substituted

"non-English language background children and their families" for

"non-English language children" and inserted "and" after semicolon.

Subsec. (d)(8), (9). Pub. L. 103-252, Sec. 107(c)(5), (6),

redesignated par. (9) as (8) and struck out former par. (8) which

read as follows: "the plan of such applicant to provide (directly

or through referral to educational services available in the

community) parents of children who will participate in the proposed

Head Start program with child development and literacy skills

training in order to aid their children to attain their full

potential; and".

Subsecs. (f), (g). Pub. L. 103-252, Sec. 107(d), redesignated

subsec. (g) as (f) and struck out former subsec. (f) which read as

follows: "The provisions of subsections (c), (d), and (e) of this

section shall be applied by the Secretary in the distribution of

any additional appropriations made available under this subchapter

during any fiscal year as well as to initial designations of Head

Start agencies."

1992 - Subsec. (c)(1). Pub. L. 102-401, Sec. 2(e)(1), inserted at

end "Notwithstanding any other provision of this paragraph, the

Secretary shall not give such priority to any agency with respect

to which financial assistance has been terminated, or an

application for refunding has been denied, under this subchapter by

the Secretary after affording such agency reasonable notice and

opportunity for a full and fair hearing in accordance with section

9841(a)(3) of this title."

Subsec. (c)(2). Pub. L. 102-401, Sec. 2(f), designated existing

provisions as subpar. (A) and added subpars. (B) and (C).

Subsec. (d)(8), (9). Pub. L. 102-401, Sec. 2(g), added pars. (8)

and (9).

Subsec. (e). Pub. L. 102-401, Sec. 2(h)(3), added subsec. (e).

Former subsec. (e) redesignated (f).

Pub. L. 102-401, Sec. 2(h)(1), substituted "(c), (d), and (e)"

for "(c) and (d)".

Subsecs. (f), (g). Pub. L. 102-401, Sec. 2(h)(2), redesignated

subsecs. (e) and (f) as (f) and (g), respectively.

1990 - Subsec. (c). Pub. L. 101-501, Sec. 107, designated

existing provisions as par. (1), redesignated former par. (1) as

subpar. (A), added subpar. (B) and pars. (2) to (4), and struck out

former par. (2) and last sentence which read as follows:

"(2) except that if there is no such agency because of any

change in the assistance furnished to programs for economically

disadvantaged persons, then the Secretary shall give priority in

the designation of Head Start agencies to any successor agency

which is operated in substantially the same manner as the

predecessor agency which did receive funds in the fiscal year

preceding the fiscal year for which the determination is made.

The provisions of clause (2) shall apply only to agencies actually

operating Head Start programs."

Subsec. (d). Pub. L. 101-501, Sec. 108, inserted at end "In

selecting from among qualified applicants for designation as a Head

Start agency and subject to the preceding sentence, the Secretary

shall consider the effectiveness of each such applicant to provide

Head Start services, based on - " and pars. (1) to (7).

1984 - Subsec. (a). Pub. L. 98-558, Sec. 104(a), inserted ",

within a community," after "private nonprofit agency".

Subsec. (c). Pub. L. 98-558, Sec. 104(b)(1), substituted "unless"

for ", except that" in provisions preceding cl. (1).

Subsec. (c)(1). Pub. L. 98-558, Sec. 104(b)(2), (3), substituted

"makes a finding" for "shall, before giving such priority,

determine" and "fails to meet" for "meet".

Subsec. (c)(2). Pub. L. 98-558, Sec. 104(b)(4), inserted "except

that" before "if".

Subsecs. (d) to (f). Pub. L. 98-558, Sec. 104(c), added subsecs.

(d) and (e) and redesignated former subsec. (d) as (f).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-252 effective May 18, 1994, but not

applicable to Head Start agencies and other recipients of financial

assistance under the Head Start Act (42 U.S.C. 9831 et seq.) until

Oct. 1, 1994, see section 127 of Pub. L. 103-252, set out as a note

under section 9832 of this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Section 2(e)(2) of Pub. L. 102-401 provided that: "The amendment

made by paragraph (1) [amending this section] shall apply only with

respect to terminations of financial assistance, and denials of

refunding, occurring after July 29, 1992."

Amendment by section 2(f)-(h) of Pub. L. 102-401 effective Oct.

7, 1992, but not applicable with respect to fiscal years beginning

before Oct. 1, 1992, and amendment by section 2(e)(1) of Pub. L.

102-401 effective July 30, 1992, see section 4 of Pub. L. 102-401,

set out as a note under section 9835 of this title.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-501 effective Oct. 1, 1990, see section

1001(a) of Pub. L. 101-501, set out as a note under section 8621 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9833, 9836a, 9841, 9846

of this title; title 20 section 6312.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 9836a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-

Sec. 9836a. Quality standards; monitoring of Head Start agencies

and programs

-STATUTE-

(a) Quality standards

(1) Establishment of standards

The Secretary shall establish by regulation standards,

including minimum levels of overall accomplishment, applicable to

Head Start agencies, programs, and projects under this

subchapter, including -

(A) performance standards with respect to services required

to be provided, including health, parental involvement,

nutritional, social, transition activities described in section

9837(d) of this title, and other services;

(B)(i) education performance standards to ensure the school

readiness of children participating in a Head Start program, on

completion of the Head Start program and prior to entering

school; and

(ii) additional education performance standards to ensure

that the children participating in the program, at a minimum -

(I) develop phonemic, print, and numeracy awareness;

(II) understand and use language to communicate for various

purposes;

(III) understand and use increasingly complex and varied

vocabulary;

(IV) develop and demonstrate an appreciation of books; and

(V) in the case of non-English background children,

progress toward acquisition of the English language.(!1)

(C) administrative and financial management standards;

(D) standards relating to the condition and location of

facilities for such agencies, programs, and projects; and

(E) such other standards as the Secretary finds to be

appropriate.

(2) Considerations in developing standards

In developing the regulations required under paragraph (1), the

Secretary shall -

(A) consult with experts in the fields of child development,

early childhood education, child health care, family services

(including linguistically and culturally appropriate services

to non-English language background children and their

families), administration, and financial management, and with

persons with experience in the operation of Head Start

programs;

(B) take into consideration -

(i) past experience with use of the standards in effect

under this subchapter on May 18, 1994;

(ii) changes over the period since August 31, 1981, in the

circumstances and problems typically facing children and

families served by Head Start agencies;

(iii) developments concerning best practices with respect

to early childhood education and development, children with

disabilities, family services, program administration, and

financial management;

(iv) projected needs of an expanding Head Start program;

(v) guidelines and standards currently in effect or under

consideration that promote child health services, and

projected needs of expanding Head Start programs;

(vi) changes in the population of children who are eligible

to participate in Head Start programs, including the language

background and family structure of such children; and

(vii) the need for, and state-of-the-art developments

relating to, local policies and activities designed to ensure

that children participating in Head Start programs make a

successful transition to public schools; and

(C)(i) review and revise as necessary the performance

standards in effect under this subsection; and

(ii) ensure that any such revisions in the performance

standards will not result in the elimination of or any

reduction in the scope or types of health, education, parental

involvement, nutritional, social, or other services required to

be provided under such standards as in effect on October 27,

1998.

(3) Standards relating to obligations to delegate agencies

In developing standards under this subsection, the Secretary

shall describe the obligations of a Head Start agency to a

delegate agency to which the Head Start agency has delegated

responsibility for providing services under this subchapter and

determine whether the Head Start agency complies with the

standards. The Secretary shall consider such compliance during

the review described in subsection (c)(1)(A) of this section and

in determining whether to renew financial assistance to the Head

Start agency under this subchapter.

(b) Results-based performance measures

(1) In general

The Secretary, in consultation with representatives of Head

Start agencies and with experts in the fields of early childhood

education and development, family services, and program

management, shall develop methods and procedures for measuring,

annually and over longer periods, the quality and effectiveness

of programs operated by Head Start agencies, and the impact of

the services provided through the programs to children and their

families (referred to in this subchapter as "results-based

performance measures").

(2) Characteristics of measures

The performance measures developed under this subsection shall

-

(A) be used to assess the impact of the various services

provided by Head Start programs and, to the extent the

Secretary finds appropriate, administrative and financial

management practices of such programs;

(B) be adaptable for use in self-assessment, peer review, and

program evaluation of individual Head Start agencies and

programs, not later than July 1, 1999; and

(C) be developed for other program purposes as determined by

the Secretary.

The performance measures shall include the performance standards

described in subsection (a)(1)(B)(ii) of this section.

(3) Use of measures

The Secretary shall use the performance measures developed

pursuant to this subsection -

(A) to identify strengths and weaknesses in the operation of

Head Start programs nationally, regionally, and locally; and

(B) to identify problem areas that may require additional

training and technical assistance resources.

(4) Educational performance measures

Such results-based performance measures shall include

educational performance measures that ensure that children

participating in Head Start programs -

(A) know that letters of the alphabet are a special category

of visual graphics that can be individually named;

(B) recognize a word as a unit of print;

(C) identify at least 10 letters of the alphabet; and

(D) associate sounds with written words.

(5) Additional local results-based performance measures

In addition to other applicable results-based performance

measures, Head Start agencies may establish local results-based

educational performance measures.

(c) Monitoring of local agencies and programs

(1) In general

In order to determine whether Head Start agencies meet

standards established under this subchapter and results-based

performance measures developed by the Secretary under subsection

(b) of this section with respect to program, administrative,

financial management, and other requirements, the Secretary shall

conduct the following reviews of designated Head Start agencies,

and of the Head Start programs operated by such agencies:

(A) A full review of each such agency at least once during

each 3-year period.

(B) A review of each newly designated agency immediately

after the completion of the first year such agency carries out

a Head Start program.

(C) Followup reviews including prompt return visits to

agencies and programs that fail to meet the standards.

(D) Other reviews as appropriate.

(2) Conduct of reviews

The Secretary shall ensure that reviews described in

subparagraphs (A) through (C) of paragraph (1) -

(A) are performed, to the maximum extent practicable, by

employees of the Department of Health and Human Services who

are knowledgeable about Head Start programs;

(B) are supervised by such an employee at the site of such

Head Start agency;

(C) are conducted by review teams that shall include

individuals who are knowledgeable about Head Start programs

and, to the maximum extent practicable, the diverse (including

linguistic and cultural) needs of eligible children (including

children with disabilities) and their families;

(D) include as part of the reviews of the programs, a review

and assessment of program effectiveness, as measured in

accordance with the results-based performance measures

developed by the Secretary pursuant to subsection (b) of this

section and with the performance standards established pursuant

to subparagraphs (A) and (B) of subsection (a)(1) of this

section; and

(E) seek information from the communities and the States

involved about the performance of the programs and the efforts

of the Head Start agencies to collaborate with other entities

carrying out early childhood education and child care programs

in the community.

(d) Corrective action; termination

(1) Determination

If the Secretary determines, on the basis of a review pursuant

to subsection (c) of this section, that a Head Start agency

designated pursuant to section 9836 of this title fails to meet

the standards described in subsection (a) of this section or

results-based performance measures developed by the Secretary

under subsection (b) of this section, the Secretary shall -

(A) inform the agency of the deficiencies that shall be

corrected;

(B) with respect to each identified deficiency, require the

agency -

(i) to correct the deficiency immediately, if the Secretary

finds that the deficiency threatens the health or safety of

staff or program participants or poses a threat to the

integrity of Federal funds;

(ii) to correct the deficiency not later than 90 days after

the identification of the deficiency if the Secretary finds,

in the discretion of the Secretary, that such a 90-day period

is reasonable, in light of the nature and magnitude of the

deficiency; or

(iii) in the discretion of the Secretary (taking into

consideration the seriousness of the deficiency and the time

reasonably required to correct the deficiency), to comply

with the requirements of paragraph (2) concerning a quality

improvement plan; and

(C) initiate proceedings to terminate the designation of the

agency unless the agency corrects the deficiency.

(2) Quality improvement plan

(A) Agency responsibilities

In order to retain a designation as a Head Start agency under

this subchapter, a Head Start agency that is the subject of a

determination described in paragraph (1) (other than an agency

required to correct a deficiency immediately or during a 90-day

period under clause (i) or (ii) of paragraph (1)(B)) shall -

(i) develop in a timely manner, obtain the approval of the

Secretary regarding, and implement a quality improvement plan

that specifies -

(I) the deficiencies to be corrected;

(II) the actions to be taken to correct such

deficiencies; and

(III) the timetable for accomplishment of the corrective

actions specified; and

(ii) eliminate each deficiency identified, not later than

the date for elimination of such deficiency specified in such

plan (which shall not be later than 1 year after the date the

agency received notice of the determination and of the

specific deficiency to be corrected).

(B) Secretarial responsibility

Not later than 30 days after receiving from a Head Start

agency a proposed quality improvement plan pursuant to

subparagraph (A), the Secretary shall either approve such

proposed plan or specify the reasons why the proposed plan

cannot be approved.

(3) Training and technical assistance

The Secretary shall provide training and technical assistance

to Head Start agencies with respect to the development or

implementation of such quality improvement plans to the extent

the Secretary finds such provision to be feasible and appropriate

given available funding and other statutory responsibilities.

(e) Summaries of monitoring outcomes

Not later than 120 days after the end of each fiscal year, the

Secretary shall publish a summary report on the findings of reviews

conducted under subsection (c) of this section and on the outcomes

of quality improvement plans implemented under subsection (d) of

this section, during such fiscal year. Such report shall be widely

disseminated and available for public review in both written and

electronic formats.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 641A, as added Pub. L. 103-252,

title I, Sec. 108, May 18, 1994, 108 Stat. 631; amended Pub. L.

105-285, title I, Sec. 108, Oct. 27, 1998, 112 Stat. 2713.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(1). Pub. L. 105-285, Sec. 108(a)(1)(A),

inserted ", including minimum levels of overall accomplishment,"

after "regulation standards" in introductory provisions.

Subsec. (a)(1)(A). Pub. L. 105-285, Sec. 108(a)(1)(B), struck out

"education," after "including health,".

Subsec. (a)(1)(B) to (E). Pub. L. 105-285, Sec. 108(a)(1)(C),

(D), added subpar. (B) and redesignated former subpars. (B) to (D)

as (C) to (E), respectively.

Subsec. (a)(2). Pub. L. 105-285, Sec. 108(a)(2), (3),

redesignated par. (3) as (2) and struck out heading and text of

former par. (2). Text read as follows: "The regulations promulgated

under this subsection shall establish the minimum levels of overall

accomplishment that a Head Start agency shall achieve in order to

meet the standards specified in paragraph (1)."

Subsec. (a)(2)(B)(iii). Pub. L. 105-285, Sec. 108(a)(4)(A),

substituted "early childhood education and" for "child".

Subsec. (a)(2)(C)(i). Pub. L. 105-285, Sec. 108(a)(4)(B)(i),

struck out "not later than 1 year after May 18, 1994," before

"review" and substituted "this subsection; and" for "section

9846(b) of this title on the day before May 18, 1994; and".

Subsec. (a)(2)(C)(ii). Pub. L. 105-285, Sec. 108(a)(4)(B)(ii),

substituted "October 27, 1998" for "November 2, 1978".

Subsec. (a)(3). Pub. L. 105-285, Sec. 108(a)(5), substituted "to

a delegate agency" for "to an agency (referred to in this

subchapter as the 'delegate agency')".

Pub. L. 105-285, Sec. 108(a)(3), redesignated par. (4) as (3).

Former par. (3) redesignated (2).

Subsec. (a)(4). Pub. L. 105-285, Sec. 108(a)(3), redesignated

par. (4) as (3).

Subsec. (b). Pub. L. 105-285, Sec. 108(b)(1), inserted

"Results-based" in heading.

Subsec. (b)(1). Pub. L. 105-285, Sec. 108(b)(2), substituted "The

Secretary" for "Not later than 1 year after May 18, 1994, the

Secretary", "early childhood education and" for "child", and

"results-based performance measures" for "performance measures" and

inserted ", and the impact of the services provided through the

programs to children and their families" before "(referred".

Subsec. (b)(2). Pub. L. 105-285, Sec. 108(b)(3)(A), (B), (F),

substituted "Characteristics" for "Design" in heading and "shall -

" for "shall be designed - " in introductory provisions and

inserted concluding provisions.

Subsec. (b)(2)(A). Pub. L. 105-285, Sec. 108(b)(3)(C),

substituted "be used to assess the impact of" for "to assess".

Subsec. (b)(2)(B). Pub. L. 105-285, Sec. 108(b)(3)(D),

substituted "be adaptable" for "to be adaptable" and ", peer

review, and program evaluation" for "and peer review" and inserted

", not later than July 1, 1999" before semicolon.

Subsec. (b)(2)(C). Pub. L. 105-285, Sec. 108(b)(3)(E), inserted

"be developed" before "for other".

Subsec. (b)(3)(A). Pub. L. 105-285, Sec. 108(b)(4), substituted

", regionally, and locally" for "and by region".

Subsec. (b)(4), (5). Pub. L. 105-285, Sec. 108(b)(5), added pars.

(4) and (5).

Subsec. (c)(1). Pub. L. 105-285, Sec. 108(c)(1), inserted "and

results-based performance measures developed by the Secretary under

subsection (b) of this section" after "standards established under

this subchapter".

Subsec. (c)(2)(B). Pub. L. 105-285, Sec. 108(c)(2)(A), struck out

"and" at end.

Subsec. (c)(2)(C). Pub. L. 105-285, Sec. 108(c)(2)(B), inserted

"(including children with disabilities)" after "eligible children"

and substituted semicolon for period at end.

Subsec. (c)(2)(D), (E). Pub. L. 105-285, Sec. 108(c)(2)(C), added

subpars. (D) and (E).

Subsec. (d)(1). Pub. L. 105-285, Sec. 108(d)(1)(A), inserted "or

results-based performance measures developed by the Secretary under

subsection (b) of this section" after "subsection (a) of this

section" in introductory provisions.

Subsec. (d)(1)(B). Pub. L. 105-285, Sec. 108(d)(1)(B), amended

subpar. (B) generally. Prior to amendment, subpar. (B) read as

follows: "with respect to each identified deficiency, require the

agency -

"(i) to correct the deficiency immediately; or

"(ii) at the discretion of the Secretary (taking into

consideration the seriousness of the deficiency and the time

reasonably required to correct the deficiency), to comply with

the requirements of paragraph (2) concerning a quality

improvement plan; and".

Subsec. (d)(2)(A). Pub. L. 105-285, Sec. 108(d)(2), substituted

"required to correct a deficiency immediately or during a 90-day

period under clause (i) or (ii) of paragraph (1)(B)" for "able to

correct a deficiency immediately" in introductory provisions.

Subsec. (e). Pub. L. 105-285, Sec. 108(e), inserted at end "Such

report shall be widely disseminated and available for public review

in both written and electronic formats."

EFFECTIVE DATE

Section effective May 18, 1994, but not applicable to Head Start

agencies and other recipients of financial assistance under the

Head Start Act (42 U.S.C. 9831 et seq.) until Oct. 1, 1994, see

section 127 of Pub. L. 103-252, set out as an Effective Date of

1994 Amendment note under section 9832 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9835, 9836, 9841, 9843,

9846 of this title; title 20 section 6312.

-FOOTNOTE-

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

-End-

-CITE-

42 USC Sec. 9837 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-

Sec. 9837. Powers and functions of Head Start agencies

-STATUTE-

(a) Receipt, administration, and transfer of funds; sponsorship of

projects; delegation of authority, etc.

In order to be designated as a Head Start agency under this

subchapter, an agency must have authority under its charter or

applicable law to receive and administer funds under this

subchapter, funds and contributions from private or local public

sources which may be used in support of a Head Start program, and

funds under any Federal or State assistance program pursuant to

which a public or private nonprofit or for-profit agency (as the

case may be) organized in accordance with this subchapter, could

act as grantee, contractor, or sponsor of projects appropriate for

inclusion in a Head Start program. Such an agency must also be

empowered to transfer funds so received, and to delegate powers to

other agencies, subject to the powers of its governing board and

its overall program responsibilities. The power to transfer funds

and delegate powers must include the power to make transfers and

delegations covering component projects in all cases where this

will contribute to efficiency and effectiveness or otherwise

further program objectives.

(b) Participation of parents in decisionmaking, implementation,

etc.

In order to be so designated, a Head Start agency shall also -

(1) establish effective procedures by which parents and area

residents concerned will be enabled to directly participate in

decisions that influence the character of programs affecting

their interests;

(2) provide for their regular participation in the

implementation of such programs;

(3) provide technical and other support needed to enable

parents and area residents to secure on their own behalf

available assistance from public and private sources;

(4) seek the involvement of parents of participating children

in activities designed to help such parents become full partners

in the education of their children, and to afford such parents

the opportunity to participate in the development, conduct, and

overall performance of the program at the local level;

(5) offer (directly or through referral to local entities, such

as entities carrying out Even Start programs under part B of

chapter 1 of title I of the Elementary and Secondary Education

Act of 1965 (!1) (20 U.S.C. 2741 et seq.)), to parents of

participating children, family literacy services and parenting

skills training;

(6) offer to parents of participating children substance abuse

counseling (either directly or through referral to local

entities), including information on drug-exposed infants and

fetal alcohol syndrome;

(7) at the option of such agency, offer (directly or through

referral to local entities), to such parents -

(A) training in basic child development;

(B) assistance in developing communication skills;

(C) opportunities to share experiences with other parents;

(D) regular in-home visitation; or

(E) any other activity designed to help such parents become

full partners in the education of their children;

(8) provide, with respect to each participating family, a

family needs assessment that includes consultation with such

parents about the benefits of parent involvement and about the

activities described in paragraphs (4) through (7) in which such

parents may choose to be involved (taking into consideration

their specific family needs, work schedules, and other

responsibilities);

(9) consider providing services to assist younger siblings of

children participating in its Head Start program to obtain health

services from other sources;

(10) perform community outreach to encourage individuals

previously unaffiliated with Head Start programs to participate

in its Head Start program as volunteers; and

(11)(A) inform custodial parents in single-parent families that

participate in programs, activities, or services carried out or

provided under this subchapter about the availability of child

support services for purposes of establishing paternity and

acquiring child support; and

(B) refer eligible parents to the child support offices of

State and local governments.

(c) Coordination with other agencies

The head of each Head Start agency shall coordinate and

collaborate with the State agency responsible for administering the

State program carried out under subchapter II-B of this chapter,

and other early childhood education and development programs,

including Even Start programs under part B of chapter 1 of title I

of the Elementary and Secondary Education Act of 1965 (!1) (20

U.S.C. 2741 et seq.) and programs under part C and section 619 of

the Individuals with Disabilities Education Act (20 U.S.C.

1431-1445, 1419), serving the children and families served by the

Head Start agency to carry out the provisions of this subchapter.

(d) Transition coordination with schools

(1) Each Head Start agency shall take steps to ensure, to the

maximum extent possible, that children maintain the developmental

and educational gains achieved in Head Start programs and build

upon such gains in further schooling.

(2) A Head Start agency may take steps to coordinate with the

local educational agency serving the community involved and with

schools in which children participating in a Head Start program

operated by such agency will enroll following such program,

including -

(A) collaborating on the shared use of transportation and

facilities; and

(B) exchanging information on the provision of noneducational

services to such children.

(3) In order to promote the continued involvement of the parents

of children that participate in Head Start programs in the

education of their children upon transition to school, the Head

Start agency shall -

(A) provide training to the parents -

(i) to inform the parents about their rights and

responsibilities concerning the education of their children;

and

(ii) to enable the parents to understand and work with

schools in order to communicate with teachers and other school

personnel, to support the school work of their children, and to

participate as appropriate in decisions relating to the

education of their children; and

(B) take other actions, as appropriate and feasible, to support

the active involvement of the parents with schools, school

personnel, and school-related organizations.

(4) The Secretary, in cooperation with the Secretary of

Education, shall -

(A) evaluate the effectiveness of the projects and activities

funded under section 9837a of this title;

(B) disseminate to Head Start agencies information (including

information from the evaluation required by subparagraph (A)) on

effective policies and activities relating to the transition of

children from Head Start programs to public schools; and

(C) provide technical assistance to such agencies to promote

and assist such agencies to adopt and implement such effective

policies and activities.

(e) Assessment when hiring or evaluating classroom teachers

Head Start agencies shall adopt, in consultation with experts in

child development and with classroom teachers, an assessment to be

used when hiring or evaluating any classroom teacher in a

center-based Head Start program. Such assessment shall measure

whether such teacher has mastered the functions described in

section 9843a(a)(1) of this title.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 642, Aug. 13, 1981, 95 Stat. 502;

Pub. L. 99-425, title I, Sec. 103, Sept. 30, 1986, 100 Stat. 966;

Pub. L. 101-501, title I, Sec. 109, Nov. 3, 1990, 104 Stat. 1231;

Pub. L. 102-401, Sec. 2(i), (k)(3), Oct. 7, 1992, 106 Stat. 1957,

1959; Pub. L. 103-252, title I, Sec. 109, May 18, 1994, 108 Stat.

634; Pub. L. 105-285, title I, Sec. 109, Oct. 27, 1998, 112 Stat.

2716.)

-REFTEXT-

REFERENCES IN TEXT

Part B of chapter 1 of title I of the Elementary and Secondary

Education Act of 1965, referred to in subsecs. (b)(5) and (c),

means part B of chapter 1 of title I of Pub. L. 89-10 which was

classified generally to part B (Sec. 2741 et seq.) of division 1 of

subchapter I of chapter 47 of Title 20, Education, prior to being

omitted in the general amendment of Pub. L. 89-10 by Pub. L.

103-382, title I, Sec. 101, Oct. 20, 1994, 108 Stat. 3519. See

section 6381 et seq. of Title 20.

The Individuals with Disabilities Education Act, referred to in

subsec. (c), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84 Stat.

175, as amended. Part C of the Act is classified generally to

subchapter III (Sec. 1431 et seq.) of chapter 33 of Title 20,

Education. Section 619 of the Act is classified to section 1419 of

Title 20. For complete classification of this Act to the Code, see

section 1400 of Title 20 and Tables.

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-285, Sec. 109(1), inserted "or

for-profit" after "nonprofit".

Subsec. (b)(6). Pub. L. 105-285, Sec. 109(2)(E), added par. (6).

Former par. (6) redesignated (7).

Subsec. (b)(6)(D) to (F). Pub. L. 105-285, Sec. 109(2)(A), struck

out subpar. (D) which read as follows: "substance abuse

counseling;" and further directed the amendment of par. (6) "by

redesignating subparagraphs (E) and (F) and subparagraphs (D) and

(E), respectively", which was executed by redesignating subpars.

(E) and (F) as (D) and (E), respectively, to reflect the probable

intent of Congress.

Subsec. (b)(7). Pub. L. 105-285, Sec. 109(2)(D), redesignated

par. (6) as (7). Former par. (7) redesignated (8).

Subsec. (b)(8). Pub. L. 105-285, Sec. 109(2)(D), (F),

redesignated par. (7) as (8) and substituted "paragraphs (4)

through (7)" for "paragraphs (4) through (6)". Former par. (8)

redesignated (9).

Pub. L. 105-285, Sec. 109(2)(B), struck out "and" at end.

Subsec. (b)(9). Pub. L. 105-285, Sec. 109(2)(D), redesignated

par. (8) as (9). Former par. (9) redesignated (10).

Pub. L. 105-285, Sec. 109(2)(C), substituted "; and" for period

at end.

Subsec. (b)(10). Pub. L. 105-285, Sec. 109(2)(D), redesignated

par. (9) as (10).

Subsec. (b)(11). Pub. L. 105-285, Sec. 109(2)(G), added par.

(11).

Subsec. (c). Pub. L. 105-285, Sec. 109(3), inserted "and

collaborate" after "shall coordinate" and "and programs under part

C and section 619 of the Individuals with Disabilities Education

Act (20 U.S.C. 1431-1445, 1419)" after "(20 U.S.C. 2741 et seq.)"

and substituted "the State program carried out under the Child Care

and Development Block Grant Act of 1990 (42 U.S.C. 9858 et seq.),

and other early childhood education and development" for "section

602(g) of this title, and other".

Subsec. (d)(1). Pub. L. 105-285, Sec. 109(4)(A), substituted

"take steps to ensure, to the maximum extent possible, that

children maintain" for "carry out the actions specified in this

subsection, to the extent feasible and appropriate in the

circumstances (including the extent to which such agency is able to

secure the cooperation of parents and schools) to enable children

to maintain" and "build" for "to build" and inserted "and

educational" after "developmental".

Subsec. (d)(2), (3). Pub. L. 105-285, Sec. 109(4)(B), (C),

redesignated pars. (3) and (4) as (2) and (3), respectively, and

struck out former par. (2) which related to coordination between

Head Start agency and local education agency and schools.

Subsec. (d)(4). Pub. L. 105-285, Sec. 109(4)(C), redesignated

par. (5) as (4). Former par. (4) redesignated (3).

Subsec. (d)(4)(A). Pub. L. 105-285, Sec. 109(4)(D), substituted

"section 9837a of this title" for "the Head Start Transition

Project Act (42 U.S.C. 9855 et seq.)".

Subsec. (d)(5). Pub. L. 105-285, Sec. 109(4)(C), redesignated

par. (5) as (4).

Subsec. (e). Pub. L. 105-285, Sec. 109(5), added subsec. (e).

1994 - Subsec. (b). Pub. L. 103-252, Sec. 109(1), amended subsec.

(b) generally. Prior to amendment, subsec. (b) read as follows: "In

order to be so designated, a Head Start agency must also (1)

establish effective procedures by which parents and area residents

concerned will be enabled to directly participate in decisions that

influence the character of programs affecting their interests; (2)

provide for their regular participation in the implementation of

such programs; (3) provide technical and other support needed to

enable parents and area residents to secure on their own behalf

available assistance from public and private sources; (4) involve

parents of children participating in its Head Start program in

appropriate educational services (in accordance with the

performance standards in effect upon section 9846(b) of this title

or through referral of such parents to educational services

available in the community) in order to aid their children to

attain their full potential; (5) establish procedures to seek

reimbursement, to the extent feasible, from other agencies for

services for which any such other agency is responsible, which are

provided to a Head Start participant by the Head Start agency; (6)

provide (directly or through referral to educational services

available in the community) parents of children participating in

its Head Start program with child development and literacy skills

training in order to aid their children to attain their full

potential; and (7) consider providing services to assist younger

siblings of children participating in its Head Start program to

obtain health services from other sources."

Subsec. (c). Pub. L. 103-252, Sec. 109(2), struck out "schools

that will subsequently serve children in Head Start programs,"

after "coordinate with" and inserted ", including Even Start

programs under part B of chapter 1 of title I of the Elementary and

Secondary Education Act of 1965 (20 U.S.C. 2741 et seq.)," after

"other programs".

Subsec. (d). Pub. L. 103-252, Sec. 109(3), added subsec. (d).

1992 - Subsec. (b)(6), (7). Pub. L. 102-401, Sec. 2(i), added

cls. (6) and (7).

Subsec. (c). Pub. L. 102-401, Sec. 2(k)(3), substituted

"subchapter" for "subtitle".

1990 - Subsec. (b)(4), (5). Pub. L. 101-501, Sec. 109(1), added

cl. (4) and redesignated former cl. (4) as (5).

Subsec. (c). Pub. L. 101-501, Sec. 109(2), substituted "with

schools that will subsequently serve children in Head Start

programs, the State agency responsible for administering section

602(g) of this title, and other programs serving the children and

families served by the Head Start agency to carry out the

provisions of this subtitle" for "with other State and local

programs serving the children in the Head Start agency to carry out

the provisions of this subsection".

1986 - Subsec. (c). Pub. L. 99-425 inserted "State and local"

before "programs".

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-252 effective May 18, 1994, but not

applicable to Head Start agencies and other recipients of financial

assistance under the Head Start Act (42 U.S.C. 9831 et seq.) until

Oct. 1, 1994, see section 127 of Pub. L. 103-252, set out as a note

under section 9832 of this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-401 effective Oct. 7, 1992, but not

applicable with respect to fiscal years beginning before Oct. 1,

1992, see section 4 of Pub. L. 102-401, set out as a note under

section 9835 of this title.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-501 effective Oct. 1, 1990, see section

1001(a) of Pub. L. 101-501, set out as a note under section 8621 of

this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-425 effective Oct. 1, 1986, see section

1001 of Pub. L. 99-425, set out as a note under section 8621 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9836, 9836a of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 9837a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-

Sec. 9837a. Head Start transition

-STATUTE-

Each Head Start agency shall take steps to coordinate with the

local educational agency serving the community involved and with

schools in which children participating in a Head Start program

operated by such agency will enroll following such program,

including -

(1) developing and implementing a systematic procedure for

transferring, with parental consent, Head Start program records

for each participating child to the school in which such child

will enroll;

(2) establishing channels of communication between Head Start

staff and their counterparts in the schools (including teachers,

social workers, and health staff) to facilitate coordination of

programs;

(3) conducting meetings involving parents, kindergarten or

elementary school teachers, and Head Start program teachers to

discuss the educational, developmental, and other needs of

individual children;

(4) organizing and participating in joint transition-related

training of school staff and Head Start staff;

(5) developing and implementing a family outreach and support

program in cooperation with entities carrying out parental

involvement efforts under title I of the Elementary and Secondary

Education Act of 1965 (20 U.S.C. 6301 et seq.);

(6) assisting families, administrators, and teachers in

enhancing educational and developmental continuity between Head

Start services and elementary school classes; and

(7) linking the services provided in such Head Start program

with the education services provided by such local educational

agency.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 642A, as added Pub. L. 105-285,

title I, Sec. 110, Oct. 27, 1998, 112 Stat. 2717.)

-REFTEXT-

REFERENCES IN TEXT

The Elementary and Secondary Education Act of 1965, referred to

in par. (5), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, as

amended. Title I of the Act is classified generally to subchapter I

(Sec. 6301 et seq.) of chapter 70 of Title 20, Education. For

complete classification of this Act to the Code, see Short Title

note set out under section 6301 of Title 20 and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9834, 9837 of this title.

-End-

-CITE-

42 USC Sec. 9838 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-

Sec. 9838. Submission of plans to chief executive officer

-STATUTE-

In carrying out the provisions of this subchapter, no contract,

agreement, grant, or other assistance shall be made for the purpose

of carrying out a Head Start program within a State unless a plan

setting forth such proposed contract, agreement, grant, or other

assistance has been submitted to the chief executive officer of the

State, and such plan has not been disapproved by such officer

within 45 days of such submission, or, if disapproved (for reasons

other than failure of the program to comply with State health,

safety, and child care laws, including regulations applicable to

comparable child care programs in the State), has been reconsidered

by the Secretary and found by the Secretary to be fully consistent

with the provisions and in furtherance of the purposes of this

subchapter, as evidenced by a written statement of the Secretary's

findings that is transmitted to such officer. Funds to cover the

costs of the proposed contract, agreement, grant, or other

assistance shall be obligated from the appropriation which is

current at the time the plan is submitted to such officer. This

section shall not, however, apply to contracts, agreements, grants,

loans, or other assistance to any institution of higher education

in existence on August 13, 1981.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 643, Aug. 13, 1981, 95 Stat. 502;

Pub. L. 101-501, title I, Sec. 110, Nov. 3, 1990, 104 Stat. 1231;

Pub. L. 102-401, Sec. 2(k)(4), Oct. 7, 1992, 106 Stat. 1959; Pub.

L. 105-285, title I, Sec. 111, Oct. 27, 1998, 112 Stat. 2718.)

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-285, in first sentence, substituted "45 days"

for "30 days" and "disapproved (for reasons other than failure of

the program to comply with State health, safety, and child care

laws, including regulations applicable to comparable child care

programs in the State)" for "so disapproved" and inserted ", as

evidenced by a written statement of the Secretary's findings that

is transmitted to such officer" before period.

1992 - Pub. L. 102-401 substituted "such officer" for "the such

officer" in two places.

1990 - Pub. L. 101-501 substituted "chief executive officer" for

first reference to "Governor" and "such officer" for second and

third references to "Governor".

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-401 effective Oct. 7, 1992, but not

applicable with respect to fiscal years beginning before Oct. 1,

1992, see section 4 of Pub. L. 102-401, set out as a note under

section 9835 of this title.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-501 effective Oct. 1, 1990, see section

1001(a) of Pub. L. 101-501, set out as a note under section 8621 of

this title.

-End-

-CITE-

42 USC Sec. 9839 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-

Sec. 9839. Administrative requirements and standards

-STATUTE-

(a) Employment practices, nonpartisanship, staff accountability,

public access to information, etc.

Each Head Start agency shall observe standards of organization,

management, and administration which will assure, so far as

reasonably possible, that all program activities are conducted in a

manner consistent with the purposes of this subchapter and the

objective of providing assistance effectively, efficiently, and

free of any taint of partisan political bias or personal or family

favoritism. Each such agency shall establish or adopt rules to

carry out this section, which shall include rules to assure full

staff accountability in matters governed by law, regulations, or

agency policy. Each agency shall also provide for reasonable public

access to information, including public hearings at the request of

appropriate community groups and reasonable public access to books

and records of the agency or other agencies engaged in program

activities or operations involving the use of authority or funds

for which it is responsible. Each such agency shall adopt for

itself and other agencies using funds or exercising authority for

which it is responsible, rules designed to (1) establish specific

standards governing salaries, salary increases, travel and per diem

allowances, and other employee benefits; (2) assure that only

persons capable of discharging their duties with competence and

integrity are employed and that employees are promoted or advanced

under impartial procedures calculated to improve agency performance

and effectiveness; (3) guard against personal or financial

conflicts of interest; and (4) define employee duties in an

appropriate manner which will in any case preclude employees from

participating, in connection with the performance of their duties,

in any form of picketing, protest, or other direct action which is

in violation of law.

(b) Development and administrative costs of programs

Except as provided in subsection (f) of this section, no

financial assistance shall be extended under this subchapter in any

case in which the Secretary determines that the costs of developing

and administering a program assisted under this subchapter exceed

15 percent of the total costs, including the required non-Federal

contributions to such costs, of such program. The Secretary shall

establish by regulation, criteria for determining (1) the costs of

developing and administering such program; and (2) the total costs

of such program. In any case in which the Secretary determines that

the cost of administering such program does not exceed 15 percent

of such total costs but is, in the judgment of the Secretary,

excessive, the Secretary shall forthwith require the recipient of

such financial assistance to take such steps prescribed by the

Secretary as will eliminate such excessive administrative cost,

including the sharing by one or more Head Start agencies of a

common director and other administrative personnel. The Secretary

may waive the limitation prescribed by this subsection for specific

periods of time not to exceed 12 months whenever the Secretary

determines that such a waiver is necessary in order to carry out

the purposes of this subchapter.

(c) Rules and regulations; special or simplified requirements for

small agencies; common or joint use of facilities

The Secretary shall prescribe rules or regulations to supplement

subsections (a) and (f) of this section, which shall be binding on

all agencies carrying on Head Start program activities with

financial assistance under this subchapter. The Secretary may,

where appropriate, establish special or simplified requirements for

smaller agencies or agencies operating in rural areas. Policies and

procedures shall be established to ensure that indirect costs

attributable to the common or joint use of facilities and services

by programs assisted under this subchapter and other programs shall

be fairly allocated among the various programs which utilize such

facilities and services.

(d) Publication and notification of proposed rules, etc.

At least 30 days prior to their effective date, all rules,

regulations, and application forms shall be published in the

Federal Register and shall be sent to each grantee with the

notification that each such grantee has the right to submit

comments pertaining thereto to the Secretary prior to the final

adoption thereof.

(e) Neutrality concerning union organizing

Funds appropriated to carry out this subchapter shall not be used

to assist, promote, or deter union organizing.

(f) Purchase of facility; approval requirements; financial

assistance

(1) The Secretary shall establish uniform procedures for Head

Start agencies to request approval to purchase facilities, or to

request approval of the purchase (after December 31, 1986) of

facilities, to be used to carry out Head Start programs. The

Secretary shall suspend any proceedings pending against any Head

Start agency to claim costs incurred in purchasing such facilities

until the agency has been afforded an opportunity to apply for

approval of the purchase and the Secretary has determined whether

the purchase will be approved. The Secretary shall not be required

to repay claims previously satisfied by Head Start agencies for

costs incurred in the purchase of such facilities.

(2) Financial assistance provided under this subchapter may not

be used by a Head Start agency to purchase a facility (including

paying the cost of amortizing the principal, and paying interest

on, loans) to be used to carry out a Head Start program unless the

Secretary approves a request that is submitted by such agency and

contains -

(A) a description of the site of the facility proposed to be

purchased or that was previously purchased;

(B) the plans and specifications of such facility;

(C) information demonstrating that -

(i) the proposed purchase will result, or the previous

purchase has resulted, in savings when compared to the costs

that would be incurred to acquire the use of an alternative

facility to carry out such program; or

(ii) the lack of alternative facilities will prevent, or

would have prevented, the operation of such program;

(D) in the case of a request regarding a previously purchased

facility, information demonstrating that the facility will be

used principally as a Head Start center, or a direct support

facility for a Head Start program; and

(E) such other information and assurances as the Secretary may

require.

(3) Upon a determination by the Secretary that suitable

facilities are not otherwise available to Indian tribes to carry

out Head Start programs, and that the lack of suitable facilities

will inhibit the operation of such programs, the Secretary, in the

discretion of the Secretary, may authorize the use of financial

assistance, from the amount reserved under section 9835(a)(2)(A) of

this title, to make payments for the purchase of facilities owned

by such tribes. The amount of such a payment for such a facility

shall not exceed the fair market value of the facility.

(g) Payments for capital expenditures

(1) Upon a determination by the Secretary that suitable

facilities (including public school facilities) are not otherwise

available to Indian tribes, rural communities, and other low-income

communities to carry out Head Start programs, that the lack of

suitable facilities will inhibit the operation of such programs,

and that construction of such facilities is more cost effective

than purchase of available facilities or renovation, the Secretary,

in the discretion of the Secretary, may authorize the use of

financial assistance under this subchapter to make payments for

capital expenditures related to facilities that will be used to

carry out such programs. The Secretary shall establish uniform

procedures for Head Start agencies to request approval for such

payments, and shall promote, to the extent practicable, the

collocation of Head Start programs with other programs serving

low-income children and families.

(2) Such payments may be used for capital expenditures (including

paying the cost of amortizing the principal, and paying interest

on, loans) such as expenditures for -

(A) construction of facilities that are not in existence on the

date of the determination;

(B) major renovation of facilities in existence on such date;

and

(C) purchase of vehicles used for programs conducted at the

Head Start facilities.

(3) All laborers and mechanics employed by contractors or

subcontractors in the construction or renovation of facilities to

be used to carry out Head Start programs shall be paid wages at not

less than those prevailing on similar construction in the locality,

as determined by the Secretary of Labor in accordance with sections

3141-3144, 3146, and 3147 of title 40.

(h) Personnel preferences to Indian tribe members

In all personnel actions of the American Indian Programs Branch

of the Head Start Bureau of the Administration for Children and

Families, the Secretary shall give the same preference to

individuals who are members of an Indian tribe as the Secretary

gives to a disabled veteran, as defined in section 2108(3)(C) of

title 5. The Secretary shall take such additional actions as may be

necessary to promote recruitment of such individuals for employment

in the Administration.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 644, Aug. 13, 1981, 95 Stat. 502;

Pub. L. 101-501, title I, Secs. 111, 112, Nov. 3, 1990, 104 Stat.

1231; Pub. L. 102-401, Sec. 2(j), Oct. 7, 1992, 106 Stat. 1958;

Pub. L. 103-218, title IV, Sec. 403, Mar. 9, 1994, 108 Stat. 96;

Pub. L. 103-252, title I, Sec. 110, May 18, 1994, 108 Stat. 636;

Pub. L. 105-285, title I, Sec. 106(e), Oct. 27, 1998, 112 Stat.

2712.)

-COD-

CODIFICATION

In subsec. (g)(3), "sections 3141-3144, 3146, and 3147 of title

40" substituted for "the Act of March 3, 1931, as amended (40

U.S.C. 276a et seq., commonly known as the 'Davis-Bacon Act')" on

authority of Pub. L. 107-217, Sec. 5(c), Aug. 21, 2002, 116 Stat.

1303, the first section of which enacted Title 40, Public

Buildings, Property, and Works.

-MISC1-

AMENDMENTS

1998 - Subsec. (f)(2). Pub. L. 105-285 substituted "Financial

assistance" for "Except as provided in section 9835(a)(3)(C)(v) of

this title, financial assistance".

1994 - Subsec. (d). Pub. L. 103-252, Sec. 110(1), struck out

"guidelines, instructions," after "all rules, regulations,".

Subsec. (f)(1). Pub. L. 103-218, Sec. 403(1), inserted ", or to

request approval of the purchase (after December 31, 1986) of

facilities," after "to purchase facilities" and inserted at end

"The Secretary shall suspend any proceedings pending against any

Head Start agency to claim costs incurred in purchasing such

facilities until the agency has been afforded an opportunity to

apply for approval of the purchase and the Secretary has determined

whether the purchase will be approved. The Secretary shall not be

required to repay claims previously satisfied by Head Start

agencies for costs incurred in the purchase of such facilities."

Subsec. (f)(2). Pub. L. 103-252, Sec. 110(2)(A), substituted

"section 9835(a)(3)(C)(v)" for "section 9835(a)(3)(A)(v)".

Subsec. (f)(2)(A). Pub. L. 103-218, Sec. 403(2)(A), inserted

before semicolon at end "or that was previously purchased".

Subsec. (f)(2)(C)(i). Pub. L. 103-218, Sec. 403(2)(B)(i),

inserted ", or the previous purchase has resulted," after "purchase

will result".

Subsec. (f)(2)(C)(ii). Pub. L. 103-218, Sec. 403(2)(B)(ii),

inserted ", or would have prevented," after "will prevent" and

struck out "and" after semicolon at end.

Subsec. (f)(2)(D), (E). Pub. L. 103-218, Sec. 403(2)(C), (D),

added subpar. (D) and redesignated former subpar. (D) as (E).

Subsec. (f)(3). Pub. L. 103-252, Sec. 110(2)(B), added par. (3).

Subsecs. (g), (h). Pub. L. 103-252, Sec. 110(3), added subsecs.

(g) and (h).

1992 - Subsec. (b). Pub. L. 102-401, Sec. 2(j)(1), substituted

"Except as provided in subsection (f) of this section, no" for

"No".

Subsec. (c). Pub. L. 102-401, Sec. 2(j)(2), substituted

"subsections (a) and (f) of this section" for "subsection (a) of

this section".

Subsec. (f). Pub. L. 102-401, Sec. 2(j)(3), added subsec. (f).

1990 - Subsec. (b). Pub. L. 101-501, Sec. 111, inserted "the

required" before "non-Federal contributions".

Subsec. (e). Pub. L. 101-501, Sec. 112, added subsec. (e).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-252 effective May 18, 1994, but not

applicable to Head Start agencies and other recipients of financial

assistance under the Head Start Act (42 U.S.C. 9831 et seq.) until

Oct. 1, 1994, see section 127 of Pub. L. 103-252, set out as a note

under section 9832 of this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-401 effective Oct. 7, 1992, but not

applicable with respect to fiscal years beginning before Oct. 1,

1992, see section 4 of Pub. L. 102-401, set out as a note under

section 9835 of this title.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-501 effective Oct. 1, 1990, see section

1001(a) of Pub. L. 101-501, set out as a note under section 8621 of

this title.

STUDY OF BENEFITS FOR HEAD START EMPLOYEES

Section 120 of Pub. L. 103-252 provided that:

"(a) Study. - The Secretary of Health and Human Services shall

conduct a study regarding the benefits available to individuals

employed by Head Start agencies under the Head Start Act (42 U.S.C.

9831 et seq.).

"(b) Report. -

"(1) Preparation. - The Secretary shall prepare a report,

containing the results of the study, that -

"(A) describes the benefits, including health care benefits,

family and medical leave, and retirement pension benefits,

available to such individuals;

"(B) includes recommendations for increasing the access of

the individuals to benefits, including access to a retirement

pension program; and

"(C) addresses the feasibility of participation by such

individuals in the Federal Employees' Retirement System under

chapter 84 of title 5, United States Code.

"(2) Submission. - The Secretary shall submit the report to the

appropriate committees of Congress."

-End-

-CITE-

42 USC Sec. 9840 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-

Sec. 9840. Participation in Head Start programs

-STATUTE-

(a) Criteria for eligibility

(1) The Secretary shall by regulation prescribe eligibility for

the participation of persons in Head Start programs assisted under

this subchapter. Except as provided in paragraph (2), such criteria

may provide -

(A) that children from low-income families shall be eligible

for participation in programs assisted under this subchapter if

their families' incomes are below the poverty line, or if their

families are eligible or, in the absence of child care, would

potentially be eligible for public assistance; and

(B) pursuant to such regulations as the Secretary shall

prescribe, that -

(i) programs assisted under this subchapter may include, to a

reasonable extent, participation of children in the area served

who would benefit from such programs but whose families do not

meet the low-income criteria prescribed pursuant to

subparagraph (A); and

(ii) a child who has been determined to meet the low-income

criteria and who is participating in a Head Start program in a

program year shall be considered to continue to meet the

low-income criteria through the end of the succeeding program

year.

In determining, for purposes of this paragraph, whether a child who

has applied for enrollment in a Head Start program meets the

low-income criteria, an entity may consider evidence of family

income during the 12 months preceding the month in which the

application is submitted, or during the calendar year preceding the

calendar year in which the application is submitted, whichever more

accurately reflects the needs of the family at the time of

application.

(2) Whenever a Head Start program is operated in a community with

a population of 1,000 or less individuals and -

(A) there is no other preschool program in the community;

(B) the community is located in a medically underserved area,

as designated by the Secretary pursuant to section 254c(b)(3)

(!1) of this title and is located in a health professional

shortage area, as designated by the Secretary pursuant to section

254e(a)(1) of this title;

(C) the community is in a location which, by reason of

remoteness, does not permit reasonable access to the types of

services described in clauses (A) and (B); and

(D) not less than 50 percent of the families to be served in

the community are eligible under the eligibility criteria

established by the Secretary under paragraph (1);

the Head Start program in each such locality shall establish the

criteria for eligibility, except that no child residing in such

community whose family is eligible under such eligibility criteria

shall, by virtue of such project's eligibility criteria, be denied

an opportunity to participate in such program. During the period

beginning on October 30, 1984, and ending on October 1, 1994, and

unless specifically authorized in any statute of the United States

enacted after October 30, 1984, the Secretary may not make any

change in the method, as in effect on April 25, 1984, of

calculating income used to prescribe eligibility for the

participation of persons in the Head Start programs assisted under

this subchapter if such change would result in any reduction in, or

exclusion from, participation of persons in any of such programs.

(b) Establishment of fee schedule or charging of fees; payment by

families willing and able to pay

The Secretary shall not prescribe any fee schedule or otherwise

provide for the charging of any fees for participation in Head

Start programs, unless such fees are authorized by legislation

hereafter enacted. Nothing in this subsection shall be construed to

prevent the families of children who participate in Head Start

programs and who are willing and able to pay the full cost of such

participation from doing so. A Head Start agency that provides a

Head Start program with full-working-day services in collaboration

with other agencies or entities may collect a family copayment to

support extended day services if a copayment is required in

conjunction with the collaborative. The copayment charged to

families receiving services through the Head Start program shall

not exceed the copayment charged to families with similar incomes

and circumstances who are receiving the services through

participation in a program carried out by another agency or entity.

(c) Availability of more than one year of services; children

eligible

Each Head Start program operated in a community shall be

permitted to provide more than 1 year of Head Start services to

eligible children (age 3 to compulsory school attendance) in the

State. Each Head Start program operated in a community shall be

permitted to recruit and accept applications for enrollment of

children throughout the year.

(d) Indian tribes

(1) An Indian tribe that -

(A) operates a Head Start program;

(B) enrolls as participants in the program all children in the

community served by the tribe (including a community that is an

off-reservation area, designated by an appropriate tribal

government, in consultation with the Secretary) from families

that meet the low-income criteria prescribed under subsection

(a)(1)(A) of this section; and

(C) has the resources to enroll additional children in the

community who do not meet the low-income criteria;

may enroll such additional children in a Head Start program, in

accordance with this subsection, if the program predominantly

serves children who meet the low-income criteria.

(2) The Indian tribe shall enroll the children in the Head Start

program in accordance with such requirements as the Secretary may

specify by regulation promulgated after consultation with Indian

tribes.

(3) In providing services through a Head Start program to such

children, the Indian tribe may not use funds that the Secretary has

determined, in accordance with section 9835(g)(3) of this title,

are to be used for expanding Head Start programs under this

subchapter.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 645, Aug. 13, 1981, 95 Stat. 504;

Pub. L. 98-558, title I, Sec. 105, Oct. 30, 1984, 98 Stat. 2879;

Pub. L. 99-425, title I, Sec. 104, Sept. 30, 1986, 100 Stat. 966;

Pub. L. 101-501, title I, Secs. 113, 114, Nov. 3, 1990, 104 Stat.

1231; Pub. L. 101-597, title IV, Sec. 401(e), Nov. 16, 1990, 104

Stat. 3035; Pub. L. 103-252, title I, Sec. 111, May 18, 1994, 108

Stat. 637; Pub. L. 105-285, title I, Sec. 112, Oct. 27, 1998, 112

Stat. 2718.)

-REFTEXT-

REFERENCES IN TEXT

Section 254c of this title, referred to in subsec. (a)(2)(B), was

in the original a reference to section 330 of the Public Health

Service Act, act July 1, 1944, which was omitted in the general

amendment of subpart I (Sec. 254b et seq.) of part D of subchapter

II of chapter 6A of this title by Pub. L. 104-299, Sec. 2, Oct. 11,

1996, 110 Stat. 3626. Sections 2 and 3(a) of Pub. L. 104-299

enacted new sections 330 and 330A of act July 1, 1944, which are

classified, respectively, to sections 254b and 254c of this title.

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(1). Pub. L. 105-285, Sec. 112(a), substituted

"criteria may provide - " for "criteria may provide", realigned

margins of subpars. (A) and (B), in subpar. (B) substituted "shall

prescribe, that - " for "shall prescribe, that", inserted "(i)"

before "programs assisted under this subchapter may", and

substituted "subparagraph (A); and", cl. (ii), and concluding

provisions for "clause (A)."

Subsec. (b). Pub. L. 105-285, Sec. 112(b), inserted at end "A

Head Start agency that provides a Head Start program with

full-working-day services in collaboration with other agencies or

entities may collect a family copayment to support extended day

services if a copayment is required in conjunction with the

collaborative. The copayment charged to families receiving services

through the Head Start program shall not exceed the copayment

charged to families with similar incomes and circumstances who are

receiving the services through participation in a program carried

out by another agency or entity."

Subsec. (c). Pub. L. 105-285, Sec. 112(c), inserted at end "Each

Head Start program operated in a community shall be permitted to

recruit and accept applications for enrollment of children

throughout the year."

Subsec. (d)(1)(B). Pub. L. 105-285, Sec. 112(d), substituted "a

community that is an off-reservation area, designated by an

appropriate tribal government, in consultation with the Secretary"

for "a community with a near-reservation designation, as defined by

the Bureau of Indian Affairs".

1994 - Subsec. (c). Pub. L. 103-252, Sec. 111(1), substituted

"shall be permitted to provide more than 1 year of Head Start

services to eligible children (age 3 to compulsory school

attendance) in the State." for "may provide more than one year of

Head Start services to children from age 3 to the age of compulsory

school attendance in the State in which the Head Start program is

located. The Secretary may not issue or enforce any rule (as

defined in section 551(4) of title 5) or guideline that forbids any

Head Start agency to carry out a Head Start program in accordance

with the authority described in the preceding sentence."

Subsec. (d). Pub. L. 103-252, Sec. 111(2), added subsec. (d).

1990 - Subsec. (a)(2). Pub. L. 101-501, Sec. 113, substituted

"1994" for "1990" in closing provisions.

Subsec. (a)(2)(B). Pub. L. 101-597 substituted "health

professional shortage area" for "health manpower shortage area".

Subsec. (c). Pub. L. 101-501, Sec. 114, inserted at end "The

Secretary may not issue or enforce any rule (as defined in section

551(4) of title 5) or guideline that forbids any Head Start agency

to carry out a Head Start program in accordance with the authority

described in the preceding sentence."

1986 - Subsec. (a)(2). Pub. L. 99-425 substituted "1990" for

"1986" in closing provisions.

1984 - Subsec. (a)(2). Pub. L. 98-558, Sec. 105(a), inserted at

end "During the period beginning on October 30, 1984, and ending on

October 1, 1986, and unless specifically authorized in any statute

of the United States enacted after October 30, 1984, the Secretary

may not make any change in the method, as in effect on April 25,

1984, of calculating income used to prescribe eligibility for the

participation of persons in the Head Start programs assisted under

this subchapter if such change would result in any reduction in, or

exclusion from, participation of persons in any of such programs."

Subsec. (c). Pub. L. 98-558, Sec. 105(b), added subsec. (c).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-252 effective May 18, 1994, but not

applicable to Head Start agencies and other recipients of financial

assistance under the Head Start Act (42 U.S.C. 9831 et seq.) until

Oct. 1, 1994, see section 127 of Pub. L. 103-252, set out as a note

under section 9832 of this title.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by Pub. L. 101-501 effective Oct. 1, 1990, see section

1001(a) of Pub. L. 101-501, set out as a note under section 8621 of

this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-425 effective Oct. 1, 1986, see section

1001 of Pub. L. 99-425, set out as a note under section 8621 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1758, 1766, 9835, 9840a

of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-