US (United States) Code. Title 42. Chapter 105: Community services programs. Subchapter II: Head Start programs

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-CITE-

42 USC Sec. 9840a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-

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

toddlers

-STATUTE-

(a) In general

The Secretary shall make grants, in accordance with the

provisions of this section for programs providing family-centered

services for low-income families with very young children designed

to promote the development of the children, and to enable their

parents to fulfill their roles as parents and to move toward

self-sufficiency.

(b) Scope and design of programs

In carrying out a program described in subsection (a) of this

section, an entity receiving assistance under this section shall -

(1) provide, either directly or through referral, early,

continuous, intensive, and comprehensive child development and

family support services that will enhance the physical, social,

emotional, and intellectual development of participating

children;

(2) ensure that the level of services provided to families

responds to their needs and circumstances;

(3) promote positive parent-child interactions;

(4) provide services to parents to support their role as

parents and to help the families move toward self-sufficiency

(including educational and employment services as appropriate);

(5) coordinate services with services provided by programs in

the State and programs in the community (including programs for

infants and toddlers with disabilities) to ensure a comprehensive

array of services (such as health and mental health services);

(6) ensure formal linkages with local Head Start programs in

order to provide for continuity of services for children and

families;

(7) in the case of a Head Start agency that operates a program

and that also provides Head Start services through the age of

mandatory school attendance, ensure that children and families

participating in the program receive such services through such

age;

(8) ensure formal linkages with the agencies and entities

described in section 644(b) of the Individuals with Disabilities

Education Act (20 U.S.C. 1444(b)) and providers of early

intervention services for infants and toddlers with disabilities

under the Individuals with Disabilities Education Act (20 U.S.C.

1400 et seq.); and

(9) meet such other requirements concerning design and

operation of the program described in subsection (a) of this

section as the Secretary may establish.

(c) Persons eligible to participate

Persons who may participate in programs described in subsection

(a) of this section include -

(1) pregnant women; and

(2) families with children under age 3;

who meet the income criteria specified for families in section

9840(a)(1) of this title.

(d) Eligible service providers

To be eligible to receive assistance under this section, an

entity shall submit an application to the Secretary at such time,

in such manner, and containing such information as the Secretary

may require. Entities that may apply to carry out activities under

this section include -

(1) entities operating Head Start programs under this

subchapter; and

(2) other public entities, and nonprofit or for-profit private

entities, capable of providing child and family services that

meet the standards for participation in programs under this

subchapter and meet such other appropriate requirements relating

to the activities under this section as the Secretary may

establish.

(e) Selection of grant recipients

From the portion specified in section 9835(a)(6) of this title,

the Secretary shall award grants under this subsection on a

competitive basis to applicants meeting the criteria specified in

subsection (d) of this section (giving priority to entities with a

record of providing early, continuous, and comprehensive childhood

development and family services).

(f) Distribution

In awarding grants to eligible applicants under this section, the

Secretary shall -

(1) ensure an equitable national geographic distribution of the

grants; and

(2) award grants to applicants proposing to serve communities

in rural areas and to applicants proposing to serve communities

in urban areas.

(g) Monitoring, training, technical assistance, and evaluation

(1) Requirement

In order to ensure the successful operation of programs

assisted under this section, the Secretary shall use funds from

the portion specified in section 9835(a)(6) of this title to

monitor the operation of such programs, evaluate their

effectiveness, and provide training and technical assistance

tailored to the particular needs of such programs.

(2) Training and technical assistance account

(A) In general

Of the amount made available to carry out this section for

any fiscal year, not less than 5 percent and not more than 10

percent shall be reserved to fund a training and technical

assistance account.

(B) Activities

Funds in the account may be used by the Secretary for

purposes including -

(i) making grants to, and entering into contracts with,

organizations with specialized expertise relating to infants,

toddlers, and families and the capacity needed to provide

direction and support to a national training and technical

assistance system, in order to provide such direction and

support;

(ii) providing ongoing training and technical assistance

for regional and program staff charged with monitoring and

overseeing the administration of the program carried out

under this section;

(iii) providing ongoing training and technical assistance

for existing recipients (as of the date of such training or

assistance) of grants under subsection (a) of this section

and support and program planning and implementation

assistance for new recipients of such grants; and

(iv) providing professional development and personnel

enhancement activities, including the provision of funds to

recipients of grants under subsection (a) of this section for

the recruitment and retention of qualified staff with an

appropriate level of education and experience.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 645A, as added Pub. L. 103-252,

title I, Sec. 112(a), May 18, 1994, 108 Stat. 638; amended Pub. L.

105-285, title I, Sec. 113, Oct. 27, 1998, 112 Stat. 2719.)

-REFTEXT-

REFERENCES IN TEXT

The Individuals with Disabilities Education Act, referred to in

subsec. (b)(8), is title VI of Pub. L. 91-230, Apr. 13, 1970, 84

Stat. 175, as amended, which is classified generally to chapter 33

(Sec. 1400 et seq.) of Title 20, Education. For complete

classification of this Act to the Code, see section 1400 of Title

20 and Tables.

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-285, Sec. 113(1), inserted "Early Head Start"

in section catchline.

Subsec. (a). Pub. L. 105-285, Sec. 113(2), substituted

"provisions of this section for" for "provisions of this section

for - ", struck out par. (1) designation before "programs

providing", substituted "self-sufficiency." for "self-sufficiency;

and", and struck out par. (2) which read as follows: "provision of

training and technical assistance to entities carrying out

programs, and evaluation of programs, that were supported under the

Comprehensive Child Development Act (42 U.S.C. 9881 et seq.), as in

effect on the day before May 18, 1994."

Subsec. (b)(5). Pub. L. 105-285, Sec. 113(3)(A), inserted

"(including programs for infants and toddlers with disabilities)"

after "community".

Subsec. (b)(7). Pub. L. 105-285, Sec. 113(3)(B), struck out "and"

at end.

Subsec. (b)(8), (9). Pub. L. 105-285, Sec. 113(3)(C), (D), added

par. (8) and redesignated former par. (8) as (9).

Subsec. (c). Pub. L. 105-285, Sec. 113(4)(A), substituted

"subsection (a) of this section" for "subsection (a)(1) of this

section" in introductory provisions.

Subsec. (c)(2). Pub. L. 105-285, Sec. 113(4)(B), substituted "3;"

for "3 (or under age 5, in the case of children served by an entity

specified in subsection (e)(3) of this section);".

Subsec. (d). Pub. L. 105-285, Sec. 113(5), inserted "and" at end

of par. (1), redesignated par. (3) as (2), inserted "or for-profit"

after "nonprofit", and struck out former par. (2) which read as

follows: "entities that, on the day before the date of enactment of

this section, were operating -

"(A) Parent-Child Centers receiving financial assistance under

section 9835(a)(4) of this title, as in effect on such date; or

"(B) programs receiving financial assistance under the

Comprehensive Child Development Act, as in effect on such date;

and".

Subsec. (e). Pub. L. 105-285, Sec. 113(8), struck out "other"

before "grant recipients" in heading and substituted "From the

portion specified in section 9835(a)(6) of this title," for "From

the balance remaining of the portion specified in section

9835(a)(6) of this title, after making grants to the eligible

entities specified in subsection (e) of this section," in text.

Pub. L. 105-285, Sec. 113(6), (7), redesignated subsec. (f) as

(e) and struck out heading and text of former subsec. (e) which

related to time-limited priority for certain entities.

Subsecs. (f), (g). Pub. L. 105-285, Sec. 113(7), (10), added

subsec. (g) and redesignated former subsec. (g) as (f). Former

subsec. (f) redesignated (e).

Subsec. (h). Pub. L. 105-285, Sec. 113(9), struck out heading and

text of subsec. (h) which related to Secretarial responsibilities.

EFFECTIVE DATE

Section effective May 18, 1994, but not applicable to Head Start

agencies and other recipients of financial assistance under the

Head Start Act (42 U.S.C. 9831 et seq.) until Oct. 1, 1994, see

section 127 of Pub. L. 103-252, set out as an Effective Date of

1994 Amendment note under section 9832 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC Sec. 9841 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-

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

agency for Indian tribe

-STATUTE-

(a) Notice requirements; suspension or termination of assistance

stayed pending hearing; mediation

The Secretary shall prescribe procedures to assure that -

(1) special notice of and an opportunity for a timely and

expeditious appeal to the Secretary will be provided for an

agency or organization which desires to serve as a delegate

agency under this subchapter and whose application to the Head

Start agency has been wholly or substantially rejected or has not

been acted upon within a period of time deemed reasonable by the

Secretary, in accordance with regulations which the Secretary

shall prescribe;

(2) financial assistance under this subchapter shall not be

suspended, except in emergency situations, unless the recipient

agency has been given reasonable notice and opportunity to show

cause why such action should not be taken;

(3) financial assistance under this subchapter shall not be

terminated or reduced, an application for refunding shall not be

denied, and a suspension of financial assistance shall not be

continued for longer than 30 days, unless the recipient has been

afforded reasonable notice and opportunity for a full and fair

hearing; and

(4) the Secretary shall develop and publish procedures

(including mediation procedures) to be used in order to -

(A) resolve in a timely manner conflicts potentially leading

to adverse action between -

(i) recipients of financial assistance under this

subchapter; and

(ii) delegate agencies or Head Start Parent Policy

Councils; and

(B) avoid the need for an administrative hearing on an

adverse action.

(b) Notification of conflict by Head Start agency to regional

office

In prescribing procedures for the mediation described in

subsection (a)(4) of this section, the Secretary shall specify -

(1) the date by which a Head Start agency engaged in a conflict

described in subsection (a)(4) of this section will notify the

appropriate regional office of the Department of the conflict;

and

(2) a reasonable period for the mediation.

(c) Timeline for administrative hearing

The Secretary shall also specify -

(1) a timeline for an administrative hearing, if necessary, on

an adverse action; and

(2) a timeline by which the person conducting the

administrative hearing shall issue a decision based on the

hearing.

(d) Termination of designation not stayed upon appeal

In any case in which a termination, reduction, or suspension of

financial assistance under this subchapter is upheld in an

administrative hearing under this section, such termination,

reduction, or suspension shall not be stayed pending any judicial

appeal of such administrative decision.

(e) Establishment of alternative agency by Indian tribe

(1) The Secretary shall by regulation specify a process by which

an Indian tribe may identify and establish an alternative agency,

and request that the alternative agency be designated under section

9836 of this title as the Head Start agency providing services to

the tribe, if -

(A) the Secretary terminates financial assistance under this

section to the only agency that was receiving financial

assistance to provide Head Start services to the Indian tribe;

and

(B) the tribe would otherwise be precluded from providing such

services to the members of the tribe.

(2) The regulation required by this subsection shall prohibit

such designation of an alternative agency that includes an employee

who -

(A) served on the administrative staff or program staff of the

agency described in paragraph (1)(A); and

(B) was responsible for a deficiency that -

(i) relates to the performance standards or financial

management standards described in section 9836a(a)(1) of this

title; and

(ii) was the basis for the termination of financial

assistance described in paragraph (1)(A);

as determined by the Secretary after providing the notice and

opportunity described in subsection (a)(3) of this section.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 646, Aug. 13, 1981, 95 Stat. 504;

Pub. L. 101-501, title I, Sec. 115, Nov. 3, 1990, 104 Stat. 1232;

Pub. L. 103-252, title I, Sec. 113, May 18, 1994, 108 Stat. 641.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a)(4). Pub. L. 103-252, Sec. 113(a), added par.

(4).

Subsecs. (b) to (e). Pub. L. 103-252, Sec. 113(b), added subsecs.

(b) to (e) and struck out former subsec. (b) which read as follows:

"The Secretary may not prescribe any procedure that would modify

the operation of section 1303.21 or 1303.33, or any of subdivisions

(a) through (f) of section 1303.35, of title 45 of the Code of

Federal Regulations as in effect on April 1, 1990."

1990 - Subsec. (a). Pub. L. 101-501, Sec. 115(1), (2), designated

existing provisions as subsec. (a) and inserted "or reduced" after

"terminated" in par. (3).

Subsec. (b). Pub. L. 101-501, Sec. 115(3), added subsec. (b).

EFFECTIVE DATE OF 1994 AMENDMENT

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

applicable to Head Start agencies and other recipients of financial

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

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

under section 9832 of this title.

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by section 115(1), (2) of Pub. L. 101-501 effective

Oct. 1, 1990, and amendment by section 115(3) of Pub. L. 101-501

effective Apr. 1, 1990, see section 1001(a), (b)(2) of Pub. L.

101-501, set out as a note under section 8621 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9836 of this title.

-End-

-CITE-

42 USC Sec. 9842 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-

Sec. 9842. Records and audits

-STATUTE-

(a) Each recipient of financial assistance under this subchapter

shall keep such records as the Secretary shall prescribe, including

records which fully disclose the amount and disposition by such

recipient of the proceeds of such financial assistance, the total

cost of the project or undertaking in connection with which such

financial assistance is given or used, the amount of that portion

of the cost of the project or undertaking supplied by other

sources, and such other records as will facilitate an effective

audit.

(b) The Secretary and the Comptroller General of the United

States, or any of their duly authorized representatives, shall have

access for the purpose of audit and examination to any books,

documents, papers, and records of the recipients that are pertinent

to the financial assistance received under this subchapter.

-SOURCE-

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

-End-

-CITE-

42 USC Sec. 9843 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-

Sec. 9843. Technical assistance and training

-STATUTE-

(a) Technical assistance and personnel training

The Secretary shall provide, directly or through grants or other

arrangements (1) technical assistance to communities in developing,

conducting, and administering programs under this subchapter; and

(2) training for specialized or other personnel needed in

connection with Head Start programs, in accordance with the

process, and the provisions for allocating resources, set forth in

subsections (b) and (c) of this section.

(b) Consideration of local needs

The process for determining the technical assistance and training

activities to be carried out under this section shall -

(1) ensure that the needs of local Head Start agencies and

programs relating to improving program quality and to program

expansion are addressed to the maximum extent feasible;

(2) incorporate mechanisms to ensure responsiveness to local

needs, including an ongoing procedure for obtaining input from

the individuals and agencies carrying out Head Start programs;

and

(3) ensure the provision of technical assistance to assist Head

Start agencies, entities carrying out other child care and early

childhood programs, communities, and States in collaborative

efforts to provide quality full-working-day, full calendar year

services, including technical assistance related to identifying

and assisting in resolving barriers to collaboration.

(c) Prioritization of resource allocation

In allocating resources for technical assistance and training

under this section, the Secretary shall -

(1) give priority consideration to -

(A) activities to correct program and management deficiencies

identified through reviews carried out pursuant to section

9836a(c) of this title (including the provision of assistance

to local programs in the development of quality improvement

plans under section 9836a(d)(2) of this title); and

(B) assisting Head Start agencies in -

(i) ensuring the school readiness of children; and

(ii) meeting the educational performance measures described

in section 9836a(b)(4) of this title;

(2) supplement amounts provided under section 9835(a)(3)(C)(ii)

of this title in order to address the training and career

development needs of classroom staff (including instruction for

providing services to children with disabilities) and

nonclassroom staff, including home visitors and other staff

working directly with families, including training relating to

increasing parent involvement and services designed to increase

family literacy and improve parenting skills;

(3) assist Head Start agencies in the development of

collaborative initiatives with States and other entities within

the States, to foster effective early childhood professional

development systems;

(4) provide technical assistance and training, either directly

or through a grant, contract, or cooperative agreement with an

entity that has experience in the development and operation of

successful family literacy services programs, for the purpose of

-

(A) assisting Head Start agencies providing family literacy

services, in order to improve the quality of such family

literacy services; and

(B) enabling those Head Start agencies that demonstrate

effective provision of family literacy services, based on

improved outcomes for children and their parents, to provide

technical assistance and training to other Head Start agencies

and to service providers that work in collaboration with such

agencies to provide family literacy services;

(5) assist Head Start agencies and programs in conducting and

participating in communitywide strategic planning and needs

assessment;

(6) assist Head Start agencies and programs in developing and

implementing full-working-day and full-calendar-year programs

where community need is clearly identified and making the

transition to such programs, with particular attention to

involving parents and programming for children throughout the

day, and assist the agencies and programs in expediting the

sharing of information about innovative models for providing

full-working-day, full calendar year services for children;

(7) assist Head Start agencies in better serving the needs of

families with very young children;

(8) assist Head Start agencies and programs in the development

of sound management practices, including financial management

procedures;

(9) assist in efforts to secure and maintain adequate

facilities for Head Start programs;

(10) assist Head Start agencies in developing innovative

program models, including mobile and home-based programs; and

(11) provide support for Head Start agencies (including policy

councils and policy committees, as defined in regulation) that

meet the standards described in section 9836a(a) of this title

but that have, as documented by the Secretary through reviews

conducted pursuant to section 9836a(c) of this title, significant

programmatic, quality, and fiscal issues to address.

(d) Training in performing and visual arts and electronic media

The Secretary may provide, either directly or through grants to

public or private nonprofit entities, training for Head Start

personnel in the use of the performing and visual arts and

interactive programs using electronic media to enhance the learning

experience of Head Start children. Special consideration shall be

given to entities that have demonstrated effectiveness in

educational programming for preschool children that includes

components for parental involvement, care provider training, and

developmentally appropriate related activities.

(e) Child development and assessment program

The Secretary shall provide, either directly or through grants or

other arrangements, funds from programs authorized under this

subchapter to support an organization to administer a centralized

child development and national assessment program leading to

recognized credentials for personnel working in early childhood

development and child care programs, training for personnel

providing services to non-English language background children

(including services to promote the acquisition of the English

language), training for personnel in helping children cope with

community violence, and resource access projects for personnel

working with disabled children.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 648, Aug. 13, 1981, 95 Stat. 505;

Pub. L. 98-558, title I, Sec. 106, Oct. 30, 1984, 98 Stat. 2879;

Pub. L. 101-501, title I, Sec. 116(a), Nov. 3, 1990, 104 Stat.

1232; Pub. L. 102-586, Sec. 7(b), Nov. 4, 1992, 106 Stat. 5035;

Pub. L. 103-252, title I, Sec. 114, May 18, 1994, 108 Stat. 642;

Pub. L. 105-285, title I, Sec. 114, Oct. 27, 1998, 112 Stat. 2721.)

-MISC1-

AMENDMENTS

1998 - Subsec. (b)(3). Pub. L. 105-285, Sec. 114(a)(1), added

par. (3).

Subsec. (c)(1). Pub. L. 105-285, Sec. 114(a)(2)(A), amended par.

(1) generally. Prior to amendment, par. (1) read as follows: "give

priority consideration to activities to correct program and

management deficiencies identified through reviews pursuant to

section 9836a(c) of this title (including the provision of

assistance to local programs in the development of quality

improvement plans under section 9836a(d)(2) of this title);".

Subsec. (c)(2). Pub. L. 105-285, Sec. 114(a)(2)(B), inserted

"supplement amounts provided under section 9835(a)(3)(C)(ii) of

this title in order to" after "(2)".

Subsec. (c)(3). Pub. L. 105-285, Sec. 114(a)(2)(G), added par.

(3). Former par. (3) redesignated (5).

Subsec. (c)(4). Pub. L. 105-285, Sec. 114(a)(2)(G), added par.

(4). Former par. (4) redesignated (6).

Pub. L. 105-285, Sec. 114(a)(2)(C), inserted "and implementing"

after "developing" and substituted "the day, and assist the

agencies and programs in expediting the sharing of information

about innovative models for providing full-working-day, full

calendar year services for children" for "a longer day" before

semicolon.

Subsec. (c)(5), (6). Pub. L. 105-285, Sec. 114(a)(2)(F),

redesignated pars. (3) and (4) as (5) and (6), respectively. Former

pars. (5) and (6) redesignated (7) and (8), respectively.

Subsec. (c)(7). Pub. L. 105-285, Sec. 114(a)(2)(F), redesignated

par. (5) as (7). Former par. (7) redesignated (9).

Pub. L. 105-285, Sec. 114(a)(2)(D), struck out "and" at end.

Subsec. (c)(8). Pub. L. 105-285, Sec. 114(a)(2)(F), redesignated

par. (6) as (8). Former par. (8) redesignated (10).

Pub. L. 105-285, Sec. 114(a)(2)(E), substituted "; and" for

period at end.

Subsec. (c)(9), (10). Pub. L. 105-285, Sec. 114(a)(2)(F),

redesignated pars. (7) and (8) as (9) and (10), respectively.

Subsec. (c)(11). Pub. L. 105-285, Sec. 114(a)(2)(H), added par.

(11).

Subsec. (e). Pub. L. 105-285, Sec. 114(b), inserted "(including

services to promote the acquisition of the English language)" after

"non-English language background children".

1994 - Pub. L. 103-252, Sec. 114(1), substituted "Technical

assistance and training" for "Technical assistance, training, and

staff qualifications" in section catchline.

Subsec. (a). Pub. L. 103-252, Sec. 114(3)(A), redesignated as

subsec. (e) the last sentence which read as follows: "The Secretary

shall provide, either directly or through grants or other

arrangements, funds from programs authorized under this subchapter

to support an organization to administer a centralized child

development and national assessment program leading to recognized

credentials for personnel working in early childhood development

and child care programs, training for personnel providing services

to non-English language background children, training for personnel

in helping children cope with community violence, and resource

access projects for personnel working with disabled children."

Pub. L. 103-252, Sec. 114(2), substituted "(2) training for

specialized or other personnel needed in connection with Head Start

programs, in accordance with the process, and the provisions for

allocating resources, set forth in subsections (b) and (c) of this

section. The Secretary shall provide, either directly or through

grants or other arrangements," for "(2) training for specialized or

other personnel needed in connection with Head Start programs,

including".

Subsec. (b). Pub. L. 103-252, Sec. 114(4), (5), added subsec. (b)

and struck out former subsec. (b) which related to teacher

qualifications and waiver of same.

Subsec. (c). Pub. L. 103-252, Sec. 114(4), (5), added subsec. (c)

and struck out former subsec. (c) which related to Secretary

developing systematic approach to training Head Start personnel and

reporting on such approach to Congress.

Subsec. (d). Pub. L. 103-252, Sec. 114(6), inserted at end

"Special consideration shall be given to entities that have

demonstrated effectiveness in educational programming for preschool

children that includes components for parental involvement, care

provider training, and developmentally appropriate related

activities."

Subsec. (e). Pub. L. 103-252, Sec. 114(3), redesignated last

sentence of subsec. (a) as (e).

1992 - Subsec. (a)(2). Pub. L. 102-586, Sec. 7(b)(1), substituted

"funds from programs authorized under this subchapter to support an

organization to administer a centralized child development and

national assessment program leading to recognized credentials for

personnel working in early childhood development and child care

programs, training for personnel providing services to non-English

language background children, training for personnel in helping

children cope with community violence, and resource access projects

for personnel working with disabled" for "a centralized child

development training and national assessment program which may be

administered at the State or local level leading to recognized

credentials for such personnel, training for personnel providing

services to non-English language background children, and resource

access projects for personnel of handicapped".

Subsecs. (c), (d). Pub. L. 102-586, Sec. 7(b)(2), added subsecs.

(c) and (d).

1990 - Pub. L. 101-501 substituted "Technical assistance,

training, and staff qualifications" for "Technical assistance and

training" in section catchline, designated existing provisions as

subsec. (a), inserted "training for personnel providing services to

non-English language background children," after "such personnel,"

in cl. (2), and added subsec. (b).

1984 - Pub. L. 98-558 substituted "shall" for "may" and inserted

provision including a centralized child development training and

national assessment program.

EFFECTIVE DATE OF 1994 AMENDMENT

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

applicable to Head Start agencies and other recipients of financial

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

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

under section 9832 of this title.

EFFECTIVE DATE OF 1990 AMENDMENT

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

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

this title.

HEAD START TRAINING IMPROVEMENT

Section 7(a) of Pub. L. 102-586 provided that: "It is the purpose

of this section -

"(1) to promote continued access for Head Start and other early

childhood staff to the Child Development Associate credential;

"(2) to increase the ability of Head Start staff to address the

problems facing Head Start families;

"(3) to create a systematic approach to training, thereby

improving the quality of Head Start instruction and using

training funds more efficiently and effectively; and

"(4) to allow the use of training funds for creative approaches

to learning for children."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC Sec. 9843a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-

Sec. 9843a. Staff qualifications and development

-STATUTE-

(a) Classroom teachers

(1) Professional requirements

The Secretary shall ensure that each Head Start classroom in a

center-based program is assigned one teacher who has demonstrated

competency to perform functions that include -

(A) planning and implementing learning experiences that

advance the intellectual and physical development of children,

including improving the readiness of children for school by

developing their literacy and phonemic, print, and numeracy

awareness, their understanding and use of language, their

understanding and use of increasingly complex and varied

vocabulary, their appreciation of books, and their problem

solving abilities;

(B) establishing and maintaining a safe, healthy learning

environment;

(C) supporting the social and emotional development of

children; and

(D) encouraging the involvement of the families of the

children in a Head Start program and supporting the development

of relationships between children and their families.

(2) Degree requirements

(A) In general

The Secretary shall ensure that not later than September 30,

2003, at least 50 percent of all Head Start teachers nationwide

in center-based programs have -

(i) an associate, baccalaureate, or advanced degree in

early childhood education; or

(ii) an associate, baccalaureate, or advanced degree in a

field related to early childhood education, with experience

in teaching preschool children.

(B) Progress

The Secretary shall require Head Start agencies to

demonstrate continuing progress each year to reach the result

described in subparagraph (A).

(3) Alternative credentialing requirements

The Secretary shall ensure that, for center-based programs,

each Head Start classroom that does not have a teacher that meets

the requirements of clause (i) or (ii) of paragraph (2)(A) is

assigned one teacher who has -

(A) a child development associate credential that is

appropriate to the age of the children being served in

center-based programs;

(B) a State-awarded certificate for preschool teachers that

meets or exceeds the requirements for a child development

associate credential; or

(C) a degree in a field related to early childhood education

with experience in teaching preschool children and a

State-awarded certificate to teach in a preschool program.

(4) Waiver

(A) In general

On request, the Secretary shall grant a 180-day waiver of the

requirements of paragraph (3), for a Head Start agency that can

demonstrate that the agency has unsuccessfully attempted to

recruit an individual who has a credential, certificate, or

degree described in paragraph (3), with respect to an

individual who -

(i) is enrolled in a program that grants any such

credential, certificate, or degree; and

(ii) will receive such credential, certificate, or degree

under the terms of such program not later than 180 days after

beginning employment as a teacher with such agency.

(B) Limitation

The Secretary may not grant more than one such waiver with

respect to such individual.

(b) Mentor teachers

(1) "Mentor teacher" defined; function

For purposes of this subsection, the term "mentor teacher"

means an individual responsible for observing and assessing the

classroom activities of a Head Start program and providing

on-the-job guidance and training to the Head Start program staff

and volunteers, in order to improve the qualifications and

training of classroom staff, to maintain high quality education

services, and to promote career development, in Head Start

programs.

(2) Requirement

In order to assist Head Start agencies in establishing

positions for mentor teachers, the Secretary shall -

(A) provide technical assistance and training to enable Head

Start agencies to establish such positions;

(B) give priority consideration, in providing assistance

pursuant to subparagraph (A), to Head Start programs that have

substantial numbers of new classroom staff or that are

experiencing difficulty in meeting applicable education

standards;

(C) encourage Head Start programs to give priority

consideration for such positions to Head Start teachers at the

appropriate level of career advancement in such programs; and

(D) promote the development of model curricula, designed to

ensure the attainment of appropriate competencies of mentor

teachers in Head Start programs.

(c) Family service workers

In order to improve the quality and effectiveness of staff

providing in-home and other services (including needs assessment,

development of service plans, family advocacy, and coordination of

service delivery) to families of children participating in Head

Start programs, the Secretary, in coordination with concerned

public and private agencies and organizations examining the issues

of standards and training for family service workers, shall -

(1) review and, as necessary, revise or develop new

qualification standards for Head Start staff providing such

services;

(2) promote the development of model curricula (on subjects

including parenting training and family literacy) designed to

ensure the attainment of appropriate competencies by individuals

working or planning to work in the field of early childhood and

family services; and

(3) promote the establishment of a credential that indicates

attainment of the competencies and that is accepted nationwide.

(d) Head Start Fellowships

(1) Authority

The Secretary may establish a program of fellowships, to be

known as "Head Start Fellowships", in accordance with this

subsection. The Secretary may award the fellowships to

individuals, to be known as "Head Start Fellows", who are staff

in local Head Start programs or other individuals working in the

field of child development and family services.

(2) Purpose

The fellowship program established under this subsection shall

be designed to enhance the ability of Head Start Fellows to make

significant contributions to programs authorized under this

subchapter, by providing opportunities to expand their knowledge

and experience through exposure to activities, issues, resources,

and new approaches, in the field of child development and family

services.

(3) Assignments of Fellows

(A) Placement sites

Fellowship positions under the fellowship program may be

located (subject to subparagraphs (B) and (C)) -

(i) in agencies of the Department of Health and Human

Services administering programs authorized under this

subchapter (in national or regional offices of such

agencies);

(ii) in local Head Start agencies and programs;

(iii) in institutions of higher education;

(iv) in public or private entities and organizations

concerned with services to children and families; and

(v) in other appropriate settings.

(B) Limitation for Fellows other than Head Start employees

A Head Start Fellow who is not an employee of a local Head

Start agency or program may be placed only in a fellowship

position located in an agency or program specified in clause

(i) or (ii) of subparagraph (A).

(C) No placement in lobbying organizations

Head Start Fellowship positions may not be located in any

agency whose primary purpose, or one of whose major purposes,

is to influence Federal, State, or local legislation.

(4) Selection of Fellows

Head Start Fellowships shall be awarded on a competitive basis

to individuals (other than Federal employees) selected from among

applicants who are working, on the date of application, in local

Head Start programs or otherwise working in the field of child

development and children and family services.

(5) Duration

Head Start Fellowships shall be for terms of 1 year, and may be

renewed for a term of 1 additional year.

(6) Authorized expenditures

From amounts appropriated under this subchapter and allotted

under section 9835(a)(2)(D) of this title, the Secretary is

authorized to make expenditures of not to exceed $1,000,000 for

any fiscal year, for stipends and other reasonable expenses of

the fellowship program.

(7) Status of Fellows

Except as otherwise provided in this paragraph, Head Start

Fellows shall not be considered to be employees or otherwise in

the service or employment of the Federal Government. Head Start

Fellows shall be considered to be employees for purposes of

compensation for injuries under chapter 81 of title 5. Head Start

Fellows assigned to positions located in agencies specified in

paragraph (3)(A)(i) shall be considered employees in the

executive branch of the Federal Government for the purposes of

chapter 11 of title 18 and for purposes of any administrative

standards of conduct applicable to the employees of the agency to

which they are assigned.

(8) Regulations

The Secretary shall promulgate regulations to carry out this

subsection.

(e) Model staffing plans

Not later than 1 year after May 18, 1994, the Secretary, in

consultation with appropriate public agencies, private agencies,

and organizations and with individuals with expertise in the field

of children and family services, shall develop model staffing plans

to provide guidance to local Head Start agencies and programs on

the numbers, types, responsibilities, and qualifications of staff

required to operate a Head Start program.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 648A, as added Pub. L. 103-252,

title I, Sec. 115, May 18, 1994, 108 Stat. 643; amended Pub. L.

105-285, title I, Sec. 115, Oct. 27, 1998, 112 Stat. 2722.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-285, Sec. 115(1), amended heading

and text of subsec. (a) generally. Prior to amendment, subsec. (a)

required Secretary to ensure that not later than Sept. 30, 1996,

each Head Start classroom in a center-based program was assigned a

teacher with certain specified credentials and gave Secretary

limited authority to waive that requirement.

Subsec. (b)(2)(B). Pub. L. 105-285, Sec. 115(2), substituted

"staff or that are" for "staff, that are" and struck out ", or that

lack staff of a similar cultural background to that of the

participating children and their families" before semicolon.

EFFECTIVE DATE

Section effective May 18, 1994, but not applicable to Head Start

agencies and other recipients of financial assistance under the

Head Start Act (42 U.S.C. 9831 et seq.) until Oct. 1, 1994, see

section 127 of Pub. L. 103-252, set out as an Effective Date of

1994 Amendment note under section 9832 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9835, 9837 of this title.

-End-

-CITE-

42 USC Sec. 9844 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-

Sec. 9844. Research, demonstrations, and evaluation

-STATUTE-

(a) In general

(1) Requirement; general purposes

The Secretary shall carry out a continuing program of research,

demonstration, and evaluation activities, in order to -

(A) foster continuous improvement in the quality of the Head

Start programs under this subchapter and in their effectiveness

in enabling participating children and their families to

succeed in school and otherwise; and

(B) use the Head Start programs to develop, test, and

disseminate new ideas and approaches for addressing the needs

of low-income preschool children (including children with

disabilities) and their families and communities (including

demonstrations of innovative noncenter-based program models

such as home-based and mobile programs), and otherwise to

further the purposes of this subchapter.

(2) Plan

The Secretary shall develop, and periodically update, a plan

governing the research, demonstration, and evaluation activities

under this section.

(b) Conduct of research, demonstration, and evaluation activities

The Secretary, in order to conduct research, demonstration, and

evaluation activities under this section -

(1) may carry out such activities directly, or through grants

to, or contracts or cooperative agreements with, public or

private entities;

(2) shall, to the extent appropriate, undertake such activities

in collaboration with other Federal agencies, and with

non-Federal agencies, conducting similar activities;

(3) shall ensure that evaluation of activities in a specific

program or project is conducted by persons not directly involved

in the operation of such program or project;

(4) may require Head Start agencies to provide for independent

evaluations;

(5) may approve, in appropriate cases, community-based

cooperative research and evaluation efforts to enable Head Start

programs to collaborate with qualified researchers not directly

involved in program administration or operation; and

(6) may collaborate with organizations with expertise in

inclusive educational strategies for preschoolers with

disabilities.

(c) Consultation and collaboration

In carrying out activities under this section, the Secretary

shall -

(1) consult with -

(A) individuals from relevant academic disciplines;

(B) individuals who are involved in the operation of Head

Start programs and individuals who are involved in the

operation of other child and family service programs; and

(C) individuals from other Federal agencies, and individuals

from organizations, involved with children and families,

ensuring that the individuals described in this subparagraph

reflect the multicultural nature of the children and families

served by the Head Start programs and the multidisciplinary

nature of the Head Start programs;

(2) whenever feasible and appropriate, obtain the views of

persons participating in and served by programs and projects

assisted under this subchapter with respect to activities under

this section; and

(3) establish, to the extent appropriate, working relationships

with the faculties of institutions of higher education, as

defined in section 1001 of title 20, located in the area in which

any evaluation under this section is being conducted, unless

there is no such institution of higher education willing and able

to participate in such evaluation.

(d) Specific objectives

The research, demonstration, and evaluation activities under this

subchapter shall include components designed to -

(1) permit ongoing assessment of the quality and effectiveness

of the programs under this subchapter;

(2) establish evaluation methods that measure the effectiveness

and impact of family literacy services program models, including

models for the integration of family literacy services with Head

Start services;

(3) contribute to developing knowledge concerning factors

associated with the quality and effectiveness of Head Start

programs and in identifying ways in which services provided under

this subchapter may be improved;

(4) assist in developing knowledge concerning the factors that

promote or inhibit healthy development and effective functioning

of children and their families both during and following

participation in a Head Start program;

(5) permit comparisons of children and families participating

in Head Start programs with children and families receiving other

child care, early childhood education, or child development

services and with other appropriate control groups;

(6) contribute to understanding the characteristics and needs

of population groups eligible for services provided under this

subchapter and the impact of such services on the individuals

served and the communities in which such services are provided;

(7) provide for disseminating and promoting the use of the

findings from such research, demonstration, and evaluation

activities;

(8) promote exploration of areas in which knowledge is

insufficient, and that will otherwise contribute to fulfilling

the purposes of this subchapter;

(9) study the experiences of small, medium, and large States

with Head Start programs in order to permit comparisons of

children participating in the programs with eligible children who

did not participate in the programs, which study -

(A) may include the use of a data set that existed prior to

the initiation of the study; and

(B) shall compare the educational achievement, social

adaptation, and health status of the participating children and

the eligible nonparticipating children; and

(10) provide for -

(A) using the Survey of Income and Program Participation to

conduct an analysis of the different income levels of Head

Start participants compared to comparable persons who did not

attend Head Start programs;

(B) using the National Longitudinal Survey of Youth, which

began gathering data in 1988 on children who attended Head

Start programs, to examine the wide range of outcomes measured

within the Survey, including outcomes related to cognitive,

socio-emotional, behavioral, and academic development;

(C) using the Survey of Program Dynamics, the new

longitudinal survey required by section 614 of this title, to

begin annual reporting, through the duration of the Survey, on

Head Start program attendees' academic readiness performance

and improvements;

(D) ensuring that the Survey of Program Dynamics is linked

with the National Longitudinal Survey of Youth at least once by

the use of a common performance test, to be determined by the

expert panel, for the greater national usefulness of the

National Longitudinal Survey of Youth database; and

(E) disseminating the results of the analysis, examination,

reporting, and linkage described in subparagraphs (A) through

(D) to persons conducting other studies under this subchapter.

The Secretary shall ensure that an appropriate entity carries out a

study described in paragraph (9), and prepares and submits to the

appropriate committees of Congress a report containing the results

of the study, not later than September 30, 2002.

(e) Longitudinal studies

In developing priorities for research, demonstration, and

evaluation activities under this section, the Secretary shall give

special consideration to longitudinal studies that -

(1) examine the developmental progress of children and their

families both during and following participation in a Head Start

program, including the examination of factors that contribute to

or detract from such progress;

(2) examine factors related to improving the quality of the

Head Start programs and the preparation the programs provide for

children and their families to function effectively in schools

and other settings in the years following participation in such a

program; and

(3) as appropriate, permit comparison of children and families

participating in Head Start programs with children and families

receiving other child care, early childhood education, or child

development services, and with other appropriate control groups.

(f) Ownership of results

The Secretary shall take necessary steps to ensure that all

studies, reports, proposals, and data produced or developed with

Federal funds under this subchapter shall become the property of

the United States.

(g) National Head Start impact research

(1) Expert panel

(A) In general

The Secretary shall appoint an independent panel consisting

of experts in program evaluation and research, education, and

early childhood programs -

(i) to review, and make recommendations on, the design and

plan for the research (whether conducted as a single

assessment or as a series of assessments) described in

paragraph (2), within 1 year after October 27, 1998;

(ii) to maintain and advise the Secretary regarding the

progress of the research; and

(iii) to comment, if the panel so desires, on the interim

and final research reports submitted under paragraph (7).

(B) Travel expenses

The members of the panel shall not receive compensation for

the performance of services for the panel, but shall be allowed

travel expenses, including per diem in lieu of subsistence, at

rates authorized for employees of agencies under subchapter I

of chapter 57 of title 5, while away from their homes or

regular places of business in the performance of services for

the panel. Notwithstanding section 1342 of title 31, the

Secretary may accept the voluntary and uncompensated services

of members of the panel.

(2) General authority

After reviewing the recommendations of the expert panel, the

Secretary shall make a grant to, or enter into a contract or

cooperative agreement with, an organization to conduct

independent research that provides a national analysis of the

impact of Head Start programs. The Secretary shall ensure that

the organization shall have expertise in program evaluation, and

research, education, and early childhood programs.

(3) Designs and techniques

The Secretary shall ensure that the research uses rigorous

methodological designs and techniques (based on the

recommendations of the expert panel), including longitudinal

designs, control groups, nationally recognized standardized

measures, and random selection and assignment, as appropriate.

The Secretary may provide that the research shall be conducted as

a single comprehensive assessment or as a group of coordinated

assessments designed to provide, when taken together, a national

analysis of the impact of Head Start programs.

(4) Programs

The Secretary shall ensure that the research focuses primarily

on Head Start programs that operate in the 50 States, the

Commonwealth of Puerto Rico, or the District of Columbia and that

do not specifically target special populations.

(5) Analysis

The Secretary shall ensure that the organization conducting the

research -

(A)(i) determines if, overall, the Head Start programs have

impacts consistent with their primary goal of increasing the

social competence of children, by increasing the everyday

effectiveness of the children in dealing with their present

environments and future responsibilities, and increasing their

school readiness;

(ii) considers whether the Head Start programs -

(I) enhance the growth and development of children in

cognitive, emotional, and physical health areas;

(II) strengthen families as the primary nurturers of their

children; and

(III) ensure that children attain school readiness; and

(iii) examines -

(I) the impact of the Head Start programs on increasing

access of children to such services as educational, health,

and nutritional services, and linking children and families

to needed community services; and

(II) how receipt of services described in subclause (I)

enriches the lives of children and families participating in

Head Start programs;

(B) examines the impact of Head Start programs on

participants on the date the participants leave Head Start

programs, at the end of kindergarten and at the end of first

grade (whether in public or private school), by examining a

variety of factors, including educational achievement,

referrals for special education or remedial course work, and

absenteeism;

(C) makes use of random selection from the population of all

Head Start programs described in paragraph (4) in selecting

programs for inclusion in the research; and

(D) includes comparisons of individuals who participate in

Head Start programs with control groups (including comparison

groups) composed of -

(i) individuals who participate in other early childhood

programs (such as public or private preschool programs and

day care); and

(ii) individuals who do not participate in any other early

childhood program.

(6) Consideration of sources of variation

In designing the research, the Secretary shall, to the extent

practicable, consider addressing possible sources of variation in

impact of Head Start programs, including variations in impact

related to such factors as -

(A) Head Start program operations;

(B) Head Start program quality;

(C) the length of time a child attends a Head Start program;

(D) the age of the child on entering the Head Start program;

(E) the type of organization (such as a local educational

agency or a community action agency) providing services for the

Head Start program;

(F) the number of hours and days of program operation of the

Head Start program (such as whether the program is a

full-working-day, full calendar year program, a part-day

program, or a part-year program); and

(G) other characteristics and features of the Head Start

program (such as geographic location, location in an urban or a

rural service area, or participant characteristics), as

appropriate.

(7) Reports

(A) Submission of interim reports

The organization shall prepare and submit to the Secretary

two interim reports on the research. The first interim report

shall describe the design of the research, and the rationale

for the design, including a description of how potential

sources of variation in impact of Head Start programs have been

considered in designing the research. The second interim report

shall describe the status of the research and preliminary

findings of the research, as appropriate.

(B) Submission of final report

The organization shall prepare and submit to the Secretary a

final report containing the findings of the research.

(C) Transmittal of reports to Congress

(i) In general

The Secretary shall transmit, to the committees described

in clause (ii), the first interim report by September 30,

1999, the second interim report by September 30, 2001, and

the final report by September 30, 2003.

(ii) Committees

The committees referred to in clause (i) are the Committee

on Education and the Workforce of the House of

Representatives and the Committee on Labor and Human

Resources of the Senate.

(8) Definition

In this subsection, the term "impact", used with respect to a

Head Start program, means a difference in an outcome for a

participant in the program that would not have occurred without

the participation in the program.

(h) Quality improvement study

(1) Study

The Secretary shall conduct a study regarding the use and

effects of use of the quality improvement funds made available

under section 9835(a)(3) of this title since fiscal year 1991.

(2) Report

The Secretary shall prepare and submit to Congress not later

than September 2000 a report containing the results of the study,

including information on -

(A) the types of activities funded with the quality

improvement funds;

(B) the extent to which the use of the quality improvement

funds has accomplished the goals of section 9835(a)(3)(B) of

this title;

(C) the effect of use of the quality improvement funds on

teacher training, salaries, benefits, recruitment, and

retention; and

(D) the effect of use of the quality improvement funds on the

development of children receiving services under this

subchapter.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 649, Aug. 13, 1981, 95 Stat. 505;

Pub. L. 98-558, title I, Sec. 107, Oct. 30, 1984, 98 Stat. 2880;

Pub. L. 101-501, title I, Sec. 117(a), Nov. 3, 1990, 104 Stat.

1233; Pub. L. 103-252, title I, Sec. 116, May 18, 1994, 108 Stat.

646; Pub. L. 105-244, title I, Sec. 102(a)(13)(G), Oct. 7, 1998,

112 Stat. 1621; Pub. L. 105-285, title I, Sec. 116, Oct. 27, 1998,

112 Stat. 2723.)

-MISC1-

AMENDMENTS

1998 - Subsec. (c)(3). Pub. L. 105-244 substituted "section 1001"

for "section 1141(a)".

Subsec. (d). Pub. L. 105-285, Sec. 116(1)(E), inserted concluding

provisions.

Subsec. (d)(2) to (8). Pub. L. 105-285, Sec. 116(1)(C), (D),

added par. (2) and redesignated former pars. (2) to (7) as (3) to

(8), respectively.

Subsec. (d)(9), (10). Pub. L. 105-285, Sec. 116(1)(A), (B), (E),

added pars. (9) and (10).

Subsecs. (g), (h). Pub. L. 105-285, Sec. 116(2), added subsecs.

(g) and (h).

1994 - Pub. L. 103-252 substituted "Research, demonstrations, and

evaluation" for "Research, demonstration, pilot projects, studies,

and reports" in section catchline and amended text generally,

substituting provisions requiring Secretary to conduct a research,

demonstration, and evaluation program to continually improve Head

Start programs and develop innovative ways to further purposes of

this subchapter, consult with others on the program, consider

longitudinal studies in developing priorities for program, and

ensure all products of program become United States property and

defining objectives of program, for provisions authorizing the

Secretary to provide financial assistance through contracts and

grants for research, demonstration or pilot projects to develop new

approaches to further purposes of this subchapter, directing

Secretary to establish plan for approval of such projects,

restricting combination of funds appropriated under this subchapter

with other appropriations to make a single grant, requiring

Secretary to conduct study of approaches to provide early,

continuous, and comprehensive intervention to low-income or at-risk

children and study of family day care in compliance with

performance standards and to report results of studies to Congress.

1990 - Pub. L. 101-501, Sec. 117(a)(1), substituted "Research,

demonstration, pilot projects, studies, and reports" for "Research,

demonstration, and pilot projects" in section catchline.

Subsecs. (d) to (f). Pub. L. 101-501, Sec. 117(a)(2), added

subsecs. (d) to (f).

1984 - Subsec. (c). Pub. L. 98-558 added subsec. (c).

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of Title 20,

Education.

EFFECTIVE DATE OF 1994 AMENDMENT

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

applicable to Head Start agencies and other recipients of financial

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

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

under section 9832 of this title.

EFFECTIVE DATE OF 1990 AMENDMENT

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

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

this title.

STUDY OF FULL-DAY AND FULL-YEAR HEAD START PROGRAMS

Section 126 of Pub. L. 103-252 directed Secretary of Health and

Human Services to conduct a study of extent to which Head Start

programs address the need for Head Start services during a full

working day or full calendar year among eligible low-income

families with preschool children and to submit a report to Congress

not later than Jan. 31, 1997.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9834, 9835, 9846 of this

title.

-End-

-CITE-

42 USC Sec. 9845 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-

Sec. 9845. Repealed. Pub. L. 103-252, title I, Sec. 117, May 18,

1994, 108 Stat. 648

-MISC1-

Section, Pub. L. 97-35, title VI, Sec. 650, Aug. 13, 1981, 95

Stat. 505; Pub. L. 101-501, title I, Sec. 117(c), Nov. 3, 1990, 104

Stat. 1233, directed Secretary to make public announcement

concerning grants or contracts for research, demonstrations, pilot

projects, studies, or reports under this subchapter.

EFFECTIVE DATE OF REPEAL

Repeal effective May 18, 1994, but not applicable to Head Start

agencies and other recipients of financial assistance under the

Head Start Act (42 U.S.C. 9831 et seq.) until Oct. 1, 1994, see

section 127 of Pub. L. 103-252, set out as an Effective Date of

1994 Amendment note under section 9832 of this title.

-End-

-CITE-

42 USC Sec. 9846 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-

Sec. 9846. Reports

-STATUTE-

(a) Status of children

At least once during every 2-year period, the Secretary shall

prepare and submit, to the Committee on Education and the Workforce

of the House of Representatives and the Committee on Labor and

Human Resources of the Senate, a report concerning the status of

children (including disabled and non-English language background

children) in Head Start programs, including the number of children

and the services being provided to such children. Such report shall

include -

(1) a statement for the then most recently concluded fiscal

year specifying -

(A) the amount of funds received by Head Start agencies

designated under section 9836 of this title to provide Head

Start services in a period before such fiscal year; and

(B) the amount of funds received by Head Start agencies newly

designated under section 9836 of this title to provide such

services in such fiscal year;

(2) a description of the distribution of Head Start services

relative to the distribution of children who are eligible to

participate in Head Start programs, including geographic

distribution within States;

(3) a statement identifying how funds expended under section

9835(a)(2) of this title, and funds allotted under section

9835(a)(3) of this title, were distributed and used at national,

regional, and local levels;

(4) a statement specifying the amount of funds provided by the

State, and by local sources, to carry out Head Start programs;

(5) cost per child and how such cost varies by region;

(6) a description of the level and nature of participation of

parents in Head Start programs as volunteers and in other

capacities;

(7) information concerning Head Start staff, including

salaries, education, training, experience, and staff turnover;

(8) information concerning children participating in programs

that receive Head Start funding, including information on family

income, racial and ethnic background, disability, and receipt of

benefits under part A of title IV of the Social Security Act [42

U.S.C. 601 et seq.];

(9) the use and source of funds to extend Head Start services

to operate full-day and year round;

(10) using data from the monitoring conducted under section

9836a(c) of this title -

(A) a description of the extent to which programs funded

under this subchapter comply with performance standards and

regulations in effect under this subchapter;

(B) a description of the types and condition of facilities in

which such programs are located;

(C) the types of organizations that receive Head Start funds

under such programs; and

(D) the number of children served under each program option;

(11) the information contained in the documents entitled

"Program Information Report" and "Head Start Cost Analyses

System" (or any document similar to either), prepared with

respect to Head Start programs;

(12) a description of the types of services provided to

children and their families, both on-site and through referrals,

including health, mental health, dental care, parenting

education, physical fitness, and literacy training;

(13) a summary of information concerning the research,

demonstration, and evaluation activities conducted under section

9844 of this title, including -

(A) a status report on ongoing activities; and

(B) results, conclusions, and recommendations, not included

in any previous report, based on completed activities; and

(14) a study of the delivery of Head Start programs to Indian

children living on and near Indian reservations, to children of

Alaskan Natives, and to children of migrant and seasonal

farmworkers.

Promptly after submitting such report to the Committee on Education

and the Workforce of the House of Representatives and the Committee

on Labor and Human Resources of the Senate, the Secretary shall

publish in the Federal Register a notice indicating that such

report is available to the public and specifying how such report

may be obtained.

(b) Facilities

At least once during every 5-year period, the Secretary shall

prepare and submit, to the Committee on Education and the Workforce

of the House of Representatives and the Committee on Labor and

Human Resources of the Senate, a report concerning the condition,

location, and ownership of facilities used, or available to be

used, by Indian Head Start agencies (including Native Alaskan Head

Start agencies) and Native Hawaiian Head Start agencies.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 650, formerly Sec. 651, Aug. 13,

1981, 95 Stat. 506; Pub. L. 98-558, title I, Sec. 108, Oct. 30,

1984, 98 Stat. 2880; Pub. L. 101-501, title I, Secs. 118, 119, Nov.

3, 1990, 104 Stat. 1234; Pub. L. 102-401, Sec. 2(k)(5), Oct. 7,

1992, 106 Stat. 1959; renumbered Sec. 650 and amended Pub. L.

103-252, title I, Sec. 118, May 18, 1994, 108 Stat. 648; Pub. L.

105-285, title I, Sec. 117, Oct. 27, 1998, 112 Stat. 2727.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (a)(8), is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title

IV of the Act is classified generally to part A (Sec. 601 et seq.)

of subchapter IV of chapter 7 of this title. For complete

classification of this Act to the Code, see section 1305 of this

title and Tables.

-MISC1-

AMENDMENTS

1998 - Pub. L. 105-285 designated existing provisions as subsec.

(a), inserted heading, substituted "Education and the Workforce"

for "Education and Labor" in introductory and concluding

provisions, and added subsec. (b).

1994 - Pub. L. 103-252, Sec. 118(a)(1), substituted "Reports" for

"Evaluation" in section catchline.

Subsecs. (a) to (f). Pub. L. 103-252, Sec. 118(a)(1), struck out

subsecs. (a) to (f) which related to evaluations of programs under

this subchapter to determine impact and effectiveness, adherence to

Head Start performance standards, persons or entities assisting in

evaluations, Secretary obtaining views of program participants,

publication and submission of results to congressional committees,

and all studies and evaluation material remaining property of the

United States.

Subsec. (g). Pub. L. 103-252, Sec. 118(a)(2)-(4), struck out

subsec. (g) designation, substituted "monitoring conducted under

section 9836a(c) of this title" for "evaluations conducted under

section 9836(c)(2) of this title" in par. (10), and added pars.

(13) and (14).

1992 - Subsec. (g). Pub. L. 102-401 struck out "(1)" before "At

least" at beginning of subsec. and substituted "physical" for

"physicial" in par. (12).

1990 - Subsec. (c)(2). Pub. L. 101-501, Sec. 118, inserted at end

"The Secretary is encouraged to provide funds for community-based

cooperative research efforts to enable Head Start directors to

conduct evaluations of their programs with the assistance of

qualified researchers not directly involved in the administration

of the program or project operation."

Subsec. (g). Pub. L. 101-501, Sec. 119, added subsec. (g).

1984 - Subsec. (b). Pub. L. 98-558 substituted "not result in the

elimination of nor any reduction in the scope or types of health,

education, parental involvement, social or other services required

to be provided under the standards" for "result in standards which

are no less comprehensive than those" in second sentence.

EFFECTIVE DATE OF 1994 AMENDMENT

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

applicable to Head Start agencies and other recipients of financial

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

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

under section 9832 of this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-401 effective Oct. 7, 1992, but not

applicable with respect to fiscal years beginning before Oct. 1,

1992, see section 4 of Pub. L. 102-401, set out as a note under

section 9835 of this title.

EFFECTIVE DATE OF 1990 AMENDMENT

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

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

this title.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which the 4th item on page 79 identifies a reporting provision

which, as subsequently amended, is contained in subsec. (a) of this

section), see section 3003 of Pub. L. 104-66, as amended, set out

as a note under section 1113 of Title 31, Money and Finance.

-End-

-CITE-

42 USC Secs. 9846a, 9847 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-

Secs. 9846a, 9847. Repealed. Pub. L. 103-252, title I, Sec. 119,

May 18, 1994, 108 Stat. 648

-MISC1-

Section 9846a, Pub. L. 97-35, title VI, Sec. 651A, as added Pub.

L. 101-501, title I, Sec. 120(a), Nov. 3, 1990, 104 Stat. 1235;

amended Pub. L. 102-401, Sec. 2(k)(6), Oct. 7, 1992, 106 Stat.

1959, related to longitudinal study of Head Start participants.

Section 9847, Pub. L. 97-35, title VI, Sec. 652, Aug. 13, 1981,

95 Stat. 506; Pub. L. 101-501, title I, Sec. 121(a), (c), Nov. 3,

1990, 104 Stat. 1237, directed Secretary to annually determine

poverty line to be used as criterion of eligibility for

participation in Head Start programs.

EFFECTIVE DATE OF REPEAL

Repeal effective May 18, 1994, but not applicable to Head Start

agencies and other recipients of financial assistance under the

Head Start Act (42 U.S.C. 9831 et seq.) until Oct. 1, 1994, see

section 127 of Pub. L. 103-252, set out as an Effective Date of

1994 Amendment note under section 9832 of this title.

-End-

-CITE-

42 USC Sec. 9848 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-

Sec. 9848. Comparability of wages

-STATUTE-

The Secretary shall take such action as may be necessary to

assure that persons employed in carrying out programs financed

under this subchapter shall not receive compensation at a rate

which is (1) in excess of the average rate of compensation paid in

the area where the program is carried out to a substantial number

of the persons providing substantially comparable services, or in

excess of the average rate of compensation paid to a substantial

number of the persons providing substantially comparable services

in the area of the person's immediately preceding employment,

whichever is higher; or (2) less than the minimum wage rate

prescribed in section 206(a)(1) of title 29. The Secretary shall

encourage Head Start agencies to provide compensation according to

salary scales that are based on training and experience.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 653, Aug. 13, 1981, 95 Stat. 507;

Pub. L. 101-501, title I, Sec. 122, Nov. 3, 1990, 104 Stat. 1237.)

-MISC1-

AMENDMENTS

1990 - Pub. L. 101-501 inserted at end "The Secretary shall

encourage Head Start agencies to provide compensation according to

salary scales that are based on training and experience."

EFFECTIVE DATE OF 1990 AMENDMENT

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

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

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

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

-End-

-CITE-

42 USC Sec. 9849 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-

Sec. 9849. Nondiscrimination provisions

-STATUTE-

(a) Discrimination based on race, creed, color, etc., as basis for

denial of financial assistance

The Secretary shall not provide financial assistance for any

program, project, or activity under this subchapter unless the

grant or contract with respect thereto specifically provides that

no person with responsibilities in the operation thereof will

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

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

affiliation, or beliefs.

(b) Sex discrimination; enforcement provisions applicable

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

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

subjected to discrimination under, or be denied employment in

connection with any program or activity receiving assistance under

this subchapter. The Secretary shall enforce the provisions of the

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

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

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

section shall not be construed as affecting any other legal remedy

that a person may have if such person is excluded from

participation in, denied the benefits of, subjected to

discrimination under, or denied employment in connection with, any

program, project, or activity receiving assistance under this

subchapter.

(c) Discrimination based on handicapping condition as basis for

denial of financial assistance

The Secretary shall not provide financial assistance for any

program, project, or activity under this subchapter unless the

grant or contract relating to the financial assistance specifically

provides that no person with responsibilities in the operation of

the program, project, or activity will discriminate against any

individual because of a handicapping condition in violation of

section 794 of title 29.

-SOURCE-

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

-End-

-CITE-

42 USC Sec. 9850 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-

Sec. 9850. Limitation with respect to certain unlawful activities

-STATUTE-

No individual employed or assigned by any Head Start agency or

other agency assisted under this subchapter shall, pursuant to or

during the performance of services rendered in connection with any

program or activity conducted or assisted under this subchapter by

such Head Start agency or such other agency, plan, initiate,

participate in, or otherwise aid or assist in the conduct of any

unlawful demonstration, rioting, or civil disturbance.

-SOURCE-

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

-End-

-CITE-

42 USC Sec. 9851 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-

Sec. 9851. Political activities

-STATUTE-

(a) For purposes of chapter 15 of title 5, any agency which

assumes responsibility for planning, developing, and coordinating

Head Start programs and receives assistance under this subchapter

shall be deemed to be a State or local agency. For purposes of

clauses (1) and (2) of section 1502(a) of such title, any agency

receiving assistance under this subchapter shall be deemed to be a

State or local agency.

(b) Programs assisted under this subchapter shall not be carried

on in a manner involving the use of program funds, the provision of

services, or the employment or assignment of personnel in a manner

supporting or resulting in the identification of such programs with

(1) any partisan or nonpartisan political activity or any other

political activity associated with a candidate, or contending

faction or group, in an election for public or party office; (2)

any activity to provide voters or prospective voters with

transportation to the polls or similar assistance in connection

with any such election; or (3) any voter registration activity. The

Secretary, after consultation with the Office of Personnel

Management, shall issue rules and regulations to provide for the

enforcement of this section, which shall include provisions for

summary suspension of assistance or other action necessary to

permit enforcement on an emergency basis.

-SOURCE-

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

-End-

-CITE-

42 USC Sec. 9852 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-

Sec. 9852. Advance funding

-STATUTE-

For the purpose of affording adequate notice of funding available

under this subchapter, appropriations for carrying out this

subchapter are authorized to be included in an appropriation Act

for the fiscal year preceding the fiscal year for which they are

available for obligation.

-SOURCE-

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

-End-

-CITE-

42 USC Sec. 9852a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II - HEAD START PROGRAMS

-HEAD-

Sec. 9852a. Repealed. Pub. L. 105-285, title I, Sec. 118, Oct. 27,

1998, 112 Stat. 2727

-MISC1-

Section, Pub. L. 97-35, title VI, Sec. 657A, as added Pub. L.

103-252, title I, Sec. 123, May 18, 1994, 108 Stat. 650, related to

consultation with Corporation for National and Community Service.

-End-

-CITE-

42 USC SUBCHAPTER II-A - HEAD START TRANSITION PROJECT 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II09A - HEAD START TRANSITION PROJECT

-HEAD-

SUBCHAPTER II-A - HEAD START TRANSITION PROJECT

-End-

-CITE-

42 USC Secs. 9855 to 9855g 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II09A - HEAD START TRANSITION PROJECT

-HEAD-

Secs. 9855 to 9855g. Repealed. Pub. L. 105-285, title I, Sec. 119,

Oct. 27, 1998, 112 Stat. 2728

-MISC1-

Section 9855, Pub. L. 101-501, title I, Sec. 132, Nov. 3, 1990,

104 Stat. 1238; Pub. L. 103-382, title III, Sec. 391(v)(1), Oct.

20, 1994, 108 Stat. 4025, defined terms used in this subchapter.

Section 9855a, Pub. L. 101-501, title I, Sec. 133, Nov. 3, 1990,

104 Stat. 1238; Pub. L. 103-252, title I, Sec. 125(a), May 18,

1994, 108 Stat. 650, related to Head Start transition grants.

Section 9855b, Pub. L. 101-501, title I, Sec. 134, Nov. 3, 1990,

104 Stat. 1238; Pub. L. 103-382, title III, Sec. 391(v)(2), (3),

Oct. 20, 1994, 108 Stat. 4025, related to eligibility for Head

Start transition grants.

Section 9855c, Pub. L. 101-501, title I, Sec. 135, Nov. 3, 1990,

104 Stat. 1239; Pub. L. 103-382, title III, Sec. 391(v)(4), Oct.

20, 1994, 108 Stat. 4025, related to requirements for awarding Head

Start transition grants.

Section 9855d, Pub. L. 101-501, title I, Sec. 136, Nov. 3, 1990,

104 Stat. 1239; Pub. L. 102-119, Sec. 26(d), Oct. 7, 1991, 105

Stat. 607; Pub. L. 103-382, title III, Sec. 391(v)(5)-(7), Oct. 20,

1994, 108 Stat. 4025, related to applications for Head Start

transition grants.

Section 9855e, Pub. L. 101-501, title I, Sec. 137, Nov. 3, 1990,

104 Stat. 1241, related to evaluation of and report on programs

assisted under Head Start transition project.

Section 9855f, Pub. L. 101-501, title I, Sec. 138, Nov. 3, 1990,

104 Stat. 1242, related to payments and Federal share of payments

under Head Start transition project.

Section 9855g, Pub. L. 101-501, title I, Sec. 139, Nov. 3, 1990,

104 Stat. 1242, related to coordination with programs established

under the Follow Through Act.

-End-

-CITE-

42 USC SUBCHAPTER II-B - CHILD CARE AND DEVELOPMENT BLOCK

GRANT 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II09B - CHILD CARE AND DEVELOPMENT BLOCK GRANT

-HEAD-

SUBCHAPTER II-B - CHILD CARE AND DEVELOPMENT BLOCK GRANT

-COD-

CODIFICATION

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

title VI of Pub. L. 97-35, as added by Pub. L. 101-508, title V,

Sec. 5082(2), Nov. 5, 1990, 104 Stat. 1388-236, and amended by Pub.

L. 102-401, Sec. 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L.

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

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 604, 618, 1396r-1a,

9835, 9837 of this title; title 15 section 636; title 20 sections

6651, 6775; title 31 section 6703.

-End-

-CITE-

42 USC Sec. 9858 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II09B - CHILD CARE AND DEVELOPMENT BLOCK GRANT

-HEAD-

Sec. 9858. Authorization of appropriations

-STATUTE-

There is authorized to be appropriated to carry out this

subchapter $1,000,000,000 for each of the fiscal years 1996 through

2002.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 658B, as added Pub. L. 101-508,

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

Pub. L. 102-401, Sec. 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L.

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

104-193, title VI, Sec. 603(a), Aug. 22, 1996, 110 Stat. 2279.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-193 reenacted section catchline without change

and amended text generally. Prior to amendment, text read as

follows: "There are authorized to be appropriated to carry out this

subchapter, $750,000,000 for fiscal year 1991, $825,000,000 for

fiscal year 1992, $925,000,000 for fiscal year 1993, and such sums

as may be necessary for each of the fiscal years 1994 and 1995."

1992 - Pub. L. 102-401 and Pub. L. 102-586 made identical

technical corrections to directory language of Pub. L. 101-508,

Sec. 5082(2), which added this section.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 615 of title VI of Pub. L. 104-193 provided that:

"(a) In General. - Except as provided in subsection (b), this

title [see Short title of 1996 Amendment note set out under section

9801 of this title] and the amendments made by this title shall

take effect on October 1, 1996.

"(b) Exception. - The amendment made by section 603(a) [amending

this section] shall take effect on the date of enactment of this

Act [Aug. 22, 1996]."

SHORT TITLE

For short title of this subchapter as the Child Care and

Development Block Grant Act of 1990, see section 658A(a) of Pub. L.

97-35, as amended, set out as a note under section 9801 of this

title.

GOALS OF SUBCHAPTER

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

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

104-193, title VI, Sec. 602(3), Aug. 22, 1996, 110 Stat. 2279,

provided that: "The goals of this subchapter are -

"(1) to allow each State maximum flexibility in developing

child care programs and policies that best suit the needs of

children and parents within such State;

"(2) to promote parental choice to empower working parents to

make their own decisions on the child care that best suits their

family's needs;

"(3) to encourage States to provide consumer education

information to help parents make informed choices about child

care;

"(4) to assist States to provide child care to parents trying

to achieve independence from public assistance; and

"(5) to assist States in implementing the health, safety,

licensing, and registration standards established in State

regulations."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9858m, 9858n of this

title.

-End-

-CITE-

42 USC Sec. 9858a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II09B - CHILD CARE AND DEVELOPMENT BLOCK GRANT

-HEAD-

Sec. 9858a. Establishment of block grant program

-STATUTE-

The Secretary is authorized to make grants to States in

accordance with the provisions of this subchapter.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 658C, as added Pub. L. 101-508,

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

Pub. L. 102-401, Sec. 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L.

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

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-401 and Pub. L. 102-586 made identical

technical corrections to directory language of Pub. L. 101-508,

Sec. 5082(2), which added this section.

-End-

-CITE-

42 USC Sec. 9858b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II09B - CHILD CARE AND DEVELOPMENT BLOCK GRANT

-HEAD-

Sec. 9858b. Lead agency

-STATUTE-

(a) Designation

The chief executive officer of a State desiring to receive a

grant under this subchapter shall designate, in an application

submitted to the Secretary under section 9858c of this title, an

appropriate State agency that complies with the requirements of

subsection (b) of this section to act as the lead agency.

(b) Duties

(1) In general

The lead agency shall -

(A) administer, directly or through other governmental or

nongovernmental agencies, the financial assistance received

under this subchapter by the State;

(B) develop the State plan to be submitted to the Secretary

under section 9858c(a) of this title;

(C) in conjunction with the development of the State plan as

required under subparagraph (B), hold at least one hearing in

the State with sufficient time and Statewide distribution of

the notice of such hearing, to provide to the public an

opportunity to comment on the provision of child care services

under the State plan; and

(D) coordinate the provision of services under this

subchapter with other Federal, State and local child care and

early childhood development programs.

(2) Development of plan

In the development of the State plan described in paragraph

(1)(B), the lead agency shall consult with appropriate

representatives of units of general purpose local government.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 658D, as added Pub. L. 101-508,

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

Pub. L. 102-401, Sec. 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L.

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

104-193, title VI, Sec. 604, Aug. 22, 1996, 110 Stat. 2281.)

-MISC1-

AMENDMENTS

1996 - Subsec. (b)(1)(A). Pub. L. 104-193, Sec. 604(1)(A),

substituted "governmental or nongovernmental agencies" for "State

agencies".

Subsec. (b)(1)(C). Pub. L. 104-193, Sec. 604(1)(B), inserted

"with sufficient time and Statewide distribution of the notice of

such hearing," after "hearing in the State".

Subsec. (b)(2). Pub. L. 104-193, Sec. 604(2), struck out at end

"Such consultations may include consideration of local child care

needs and resources, the effectiveness of existing child care and

early childhood development services, and the methods by which

funds made available under this subchapter can be used to

effectively address local shortages."

1992 - Pub. L. 102-401 and Pub. L. 102-586 made identical

technical corrections to directory language of Pub. L. 101-508,

Sec. 5082(2), which added this section.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-193 effective Oct. 1, 1996, see section

615 of Pub. L. 104-193, set out as a note under section 9858 of

this title

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9858a of this title.

-End-

-CITE-

42 USC Sec. 9858c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II09B - CHILD CARE AND DEVELOPMENT BLOCK GRANT

-HEAD-

Sec. 9858c. Application and plan

-STATUTE-

(a) Application

To be eligible to receive assistance under this subchapter, a

State shall prepare and submit to the Secretary an application at

such time, in such manner, and containing such information as the

Secretary shall by rule require, including -

(1) an assurance that the State will comply with the

requirements of this subchapter; and

(2) a State plan that meets the requirements of subsection (c)

of this section.

(b) Period covered by plan

The State plan contained in the application under subsection (a)

of this section shall be designed to be implemented during a 2-year

period.

(c) Requirements of a plan

(1) Lead agency

The State plan shall identify the lead agency designated under

section 9858b of this title.

(2) Policies and procedures

The State plan shall:

(A) Parental choice of providers

Provide assurances that -

(i) the parent or parents of each eligible child within the

State who receives or is offered child care services for

which financial assistance is provided under this subchapter

are given the option either -

(I) to enroll such child with a child care provider that

has a grant or contract for the provision of such services;

or

(II) to receive a child care certificate as defined in

section 9858n(2) of this title;

(ii) in cases in which the parent selects the option

described in clause (i)(I), the child will be enrolled with

the eligible provider selected by the parent to the maximum

extent practicable; and

(iii) child care certificates offered to parents selecting

the option described in clause (i)(II) shall be of a value

commensurate with the subsidy value of child care services

provided under the option described in clause (i)(I);

and provide a detailed description of the procedures the State

will implement to carry out the requirements of this

subparagraph.

(B) Unlimited parental access

Certify that procedures are in effect within the State to

ensure that child care providers who provide services for which

assistance is made available under this subchapter afford

parents unlimited access to their children and to the providers

caring for their children, during the normal hours of operation

of such providers and whenever such children are in the care of

such providers and provide a detailed description of such

procedures.

(C) Parental complaints

Certify that the State maintains a record of substantiated

parental complaints and makes information regarding such

parental complaints available to the public on request and

provide a detailed description of how such record is maintained

and is made available.

(D) Consumer education information

Certify that the State will collect and disseminate to

parents of eligible children and the general public, consumer

education information that will promote informed child care

choices.

(E) Compliance with State licensing requirements

(i) In general

Certify that the State has in effect licensing requirements

applicable to child care services provided within the State,

and provide a detailed description of such requirements and

of how such requirements are effectively enforced. Nothing in

the preceding sentence shall be construed to require that

licensing requirements be applied to specific types of

providers of child care services.

(ii) Indian tribes and tribal organizations

In lieu of any licensing and regulatory requirements

applicable under State and local law, the Secretary, in

consultation with Indian tribes and tribal organizations,

shall develop minimum child care standards (that

appropriately reflect tribal needs and available resources)

that shall be applicable to Indian tribes and tribal

organizations receiving assistance under this subchapter.

(F) Establishment of health and safety requirements

Certify that there are in effect within the State, under

State or local law, requirements designed to protect the health

and safety of children that are applicable to child care

providers that provide services for which assistance is made

available under this subchapter. Such requirements shall

include -

(i) the prevention and control of infectious diseases

(including immunization);

(ii) building and physical premises safety; and

(iii) minimum health and safety training appropriate to the

provider setting.

Nothing in this subparagraph shall be construed to require the

establishment of additional health and safety requirements for

child care providers that are subject to health and safety

requirements in the categories described in this subparagraph

on November 5, 1990, under State or local law.

(G) Compliance with State and local health and safety

requirements

Certify that procedures are in effect to ensure that child

care providers within the State that provide services for which

assistance is provided under this subchapter comply with all

applicable State or local health and safety requirements as

described in subparagraph (F).

(H) Meeting the needs of certain populations

Demonstrate the manner in which the State will meet the

specific child care needs of families who are receiving

assistance under a State program under part A of title IV of

the Social Security Act [42 U.S.C. 601 et seq.], families who

are attempting through work activities to transition off of

such assistance program, and families that are at risk of

becoming dependent on such assistance program.

(3) Use of block grant funds

(A) General requirement

The State plan shall provide that the State will use the

amounts provided to the State for each fiscal year under this

subchapter as required under subparagraphs (B) through (D).

(B) Child care services and related activities

The State shall use amounts provided to the State for each

fiscal year under this subchapter for child care services on a

sliding fee scale basis, activities that improve the quality or

availability of such services, and any other activity that the

State deems appropriate to realize any of the goals specified

in paragraphs (2) through (5) of section 658A(b),(!1) with

priority being given for services provided to children of

families with very low family incomes (taking into

consideration family size) and to children with special needs.

(C) Limitation on administrative costs

Not more than 5 percent of the aggregate amount of funds

available to the State to carry out this subchapter by a State

in each fiscal year may be expended for administrative costs

incurred by such State to carry out all of its functions and

duties under this subchapter. As used in the preceding

sentence, the term "administrative costs" shall not include the

costs of providing direct services.

(D) Assistance for certain families

A State shall ensure that a substantial portion of the

amounts available (after the State has complied with the

requirement of section 418(b)(2) of the Social Security Act [42

U.S.C. 618(b)(2)] with respect to each of the fiscal years 1997

through 2002) to the State to carry out activities under this

subchapter in each fiscal year is used to provide assistance to

low-income working families other than families described in

paragraph (2)(H).

(4) Payment rates

(A) In general

The State plan shall certify that payment rates for the

provision of child care services for which assistance is

provided under this subchapter are sufficient to ensure equal

access for eligible children to comparable child care services

in the State or substate area that are provided to children

whose parents are not eligible to receive assistance under this

subchapter or for child care assistance under any other Federal

or State programs and shall provide a summary of the facts

relied on by the State to determine that such rates are

sufficient to ensure such access.

(B) Construction

Nothing in this paragraph shall be construed to create a

private right of action.

(5) Sliding fee scale

The State plan shall provide that the State will establish and

periodically revise, by rule, a sliding fee scale that provides

for cost sharing by the families that receive child care services

for which assistance is provided under this subchapter.

(d) Approval of application

The Secretary shall approve an application that satisfies the

requirements of this section.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 658E, as added Pub. L. 101-508,

title V, Sec. 5082(2), Nov. 5, 1990, 104 Stat. 1388-237; amended

Pub. L. 102-401, Sec. 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L.

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

104-193, title VI, Sec. 605, Aug. 22, 1996, 110 Stat. 2281; Pub. L.

105-33, title V, Sec. 5602(1), Aug. 5, 1997, 111 Stat. 645.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec. (c)(2)(H), is act

Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended. Part A of title

IV of the Act is classified generally to part A (Sec. 601 et seq.)

of subchapter IV of chapter 7 of this title. For complete

classification of this Act to the Code, see section 1305 of this

title and Tables.

Paragraphs (2) through (5) of section 658A(b), referred to in

subsec. (c)(3)(B), means pars. (2) through (5) of section 658A(b)

of Pub. L. 97-35, which are set out as a note under section 9858 of

this title.

-MISC1-

AMENDMENTS

1997 - Subsec. (c)(2)(E)(ii). Pub. L. 105-33 substituted "tribal

organizations receiving" for "tribal organization receiving".

1996 - Subsec. (b). Pub. L. 104-193, Sec. 605(1), substituted

"implemented during a 2-year period" for "implemented -

"(1) during a 3-year period for the initial State plan; and

"(2) during a 2-year period for subsequent State plans".

Subsec. (c)(2)(A). Pub. L. 104-193, Sec. 605(2)(A)(i)(II), in

closing provisions, substituted "and provide a detailed description

of the procedures the State will implement to carry out the

requirements of this subparagraph." for "except that nothing in

this subparagraph shall require a State to have a child care

certificate program in operation prior to October 1, 1992."

Subsec. (c)(2)(A)(i). Pub. L. 104-193, Sec. 605(2)(A)(i)(I),

struck out ", other than through assistance provided under

paragraph (3)(C)," after "provided under this subchapter" in

introductory provisions.

Subsec. (c)(2)(B). Pub. L. 104-193, Sec. 605(2)(A)(ii),

substituted "Certify that procedures are in effect" for "Provide

assurances that procedures are in effect" and inserted before

period at end "and provide a detailed description of such

procedures".

Subsec. (c)(2)(C). Pub. L. 104-193, Sec. 605(2)(A)(iii),

substituted "Certify that the State maintains" for "Provide

assurances that the State maintains" and inserted before period at

end "and provide a detailed description of how such record is

maintained and is made available".

Subsec. (c)(2)(D). Pub. L. 104-193, Sec. 605(2)(A)(iv), amended

heading and text of subpar. (D) generally. Prior to amendment, text

read as follows: "Provide assurances that consumer education

information will be made available to parents and the general

public within the State concerning licensing and regulatory

requirements, complaint procedures, and policies and practices

relative to child care services within the State."

Subsec. (c)(2)(E). Pub. L. 104-193, Sec. 605(2)(A)(v), amended

heading and text of subpar. (E) generally, substituting provisions

relating to compliance with State licensing requirements for

provisions relating to compliance with State and local regulatory

requirements.

Subsec. (c)(2)(F), (G). Pub. L. 104-193, Sec. 605(2)(A)(vi),

(vii), substituted "Certify" for "Provide assurances".

Subsec. (c)(2)(H). Pub. L. 104-193, Sec. 605(2)(A)(viii), added

subpar. (H) and struck out heading and text of former subpar. (H).

Text read as follows: "Provide assurances that if the State reduces

the level of standards applicable to child care services provided

in the State on November 5, 1990, the State shall inform the

Secretary of the rationale for such reduction in the annual report

of the State described in section 9858i of this title."

Subsec. (c)(2)(I). Pub. L. 104-193, Sec. 605(2)(A)(viii), struck

out heading and text of subpar. (I). Text read as follows: "Provide

assurances that not later than 18 months after the date of the

submission of the application under this section, the State will

complete a full review of the law applicable to, and the licensing

and regulatory requirements and policies of, each licensing agency

that regulates child care services and programs in the State unless

the State has reviewed such law, requirements, and policies in the

3-year period ending on November 5, 1990."

Subsec. (c)(2)(J). Pub. L. 104-193, Sec. 605(2)(A)(viii), struck

out heading and text of subpar. (J). Text read as follows: "Provide

assurances that funds received under this subchapter by the State

will be used only to supplement, not to supplant, the amount of

Federal, State, and local funds otherwise expended for the support

of child care services and related programs in the State."

Subsec. (c)(3)(A). Pub. L. 104-193, Sec. 605(2)(B)(i),

substituted "subparagraphs (B) through (D)" for "subparagraphs (B)

and (C)".

Subsec. (c)(3)(B). Pub. L. 104-193, Sec. 605(2)(B)(ii), inserted

"and related activities" after "services" in heading, substituted

"The" for "Subject to the reservation contained in subparagraph

(C), the", substituted "for child care services on a sliding fee

scale basis, activities that improve the quality or availability of

such services, and any other activity that the State deems

appropriate to realize any of the goals specified in paragraphs (2)

through (5) of section 658A(b)" for "for -

"(i) child care services, that meet the requirements of this

subchapter, that are provided to eligible children in the State

on a sliding fee scale basis using funding methods provided for

in subsection (c)(2)(A) of this section", substituted "special

needs." for "special needs; and", and struck out cl. (ii) which

read as follows: "activities designed to improve the availability

and quality of child care."

Subsec. (c)(3)(C). Pub. L. 104-193, Sec. 605(2)(B)(iii), amended

heading and text of subpar. (C) generally. Prior to amendment, text

read as follows: "The State shall reserve 25 percent of the amounts

provided to the State for each fiscal year under this subchapter to

carry out activities designed to improve the quality of child care

(as described in section 9858e of this title) and to provide

before- and after-school and early childhood development services

(as described in section 9858f of this title)."

Subsec. (c)(3)(D). Pub. L. 104-193, Sec. 605(2)(B)(iv), added

subpar. (D).

Subsec. (c)(4)(A). Pub. L. 104-193, Sec. 605(2)(C), substituted

"State plan shall certify" for "State plan shall provide

assurances", inserted "and shall provide a summary of the facts

relied on by the State to determine that such rates are sufficient

to ensure such access" after "Federal or State programs", and

struck out at end "Such payment rates shall take into account the

variations in the costs of providing child care in different

settings and to children of different age groups, and the

additional costs of providing child care for children with special

needs."

1992 - Pub. L. 102-401 and Pub. L. 102-586 made identical

technical corrections to directory language of Pub. L. 101-508,

Sec. 5082(2), which added this section.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-33 effective as if included in the

enactment of title VI of the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see

section 5603 of Pub. L. 105-33, set out as a note under section 618

of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-193 effective Oct. 1, 1996, see section

615 of Pub. L. 104-193, set out as a note under section 9858 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9858b, 9858d, 9858g,

9858h, 9858i, 9858k, 9858m, 9858n of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 9858d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II09B - CHILD CARE AND DEVELOPMENT BLOCK GRANT

-HEAD-

Sec. 9858d. Limitations on State allotments

-STATUTE-

(a) No entitlement to contract or grant

Nothing in this subchapter shall be construed -

(1) to entitle any child care provider or recipient of a child

care certificate to any contract, grant or benefit; or

(2) to limit the right of any State to impose additional

limitations or conditions on contracts or grants funded under

this subchapter.

(b) Construction of facilities

(1) In general

Except as provided for in section 9858m(c)(6) of this title, no

funds made available under this subchapter shall be expended for

the purchase or improvement of land, or for the purchase,

construction, or permanent improvement (other than minor

remodeling) of any building or facility.

(2) Sectarian agency or organization

In the case of a sectarian agency or organization, no funds

made available under this subchapter may be used for the purposes

described in paragraph (1) except to the extent that renovation

or repair is necessary to bring the facility of such agency or

organization into compliance with health and safety requirements

referred to in section 9858c(c)(2)(F) of this title.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 658F, as added Pub. L. 101-508,

title V, Sec. 5082(2), Nov. 5, 1990, 104 Stat. 1388-240; amended

Pub. L. 102-401, Sec. 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L.

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

104-193, title VI, Sec. 606, Aug. 22, 1996, 110 Stat. 2283.)

-MISC1-

AMENDMENTS

1996 - Subsec. (b)(1). Pub. L. 104-193 substituted "Except as

provided for in section 9858m(c)(6) of this title, no funds" for

"No funds".

1992 - Pub. L. 102-401 and Pub. L. 102-586 made identical

technical corrections to directory language of Pub. L. 101-508,

Sec. 5082(2), which added this section.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-193 effective Oct. 1, 1996, see section

615 of Pub. L. 104-193, set out as a note under section 9858 of

this title.

-End-

-CITE-

42 USC Sec. 9858e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II09B - CHILD CARE AND DEVELOPMENT BLOCK GRANT

-HEAD-

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

-STATUTE-

A State that receives funds to carry out this subchapter for a

fiscal year, shall use not less than 4 percent of the amount of

such funds for activities that are designed to provide

comprehensive consumer education to parents and the public,

activities that increase parental choice, and activities designed

to improve the quality and availability of child care (such as

resource and referral services).

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 658G, as added Pub. L. 101-508,

title V, Sec. 5082(2), Nov. 5, 1990, 104 Stat. 1388-241; amended

Pub. L. 102-401, Sec. 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L.

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

104-193, title VI, Sec. 607, Aug. 22, 1996, 110 Stat. 2283.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-193 reenacted section catchline without change

and amended text generally, substituting current provisions for

provisions requiring State receiving financial assistance under

this subchapter to utilize not less than 20 percent of such

assistance for one or more of following: resource and referral

programs, grants or loans to assist in meeting State and local

standards, monitoring of compliance with licensing and regulatory

requirements, training, or improving salaries or other compensation

to staff.

1992 - Pub. L. 102-401 and Pub. L. 102-586 made identical

technical corrections to directory language of Pub. L. 101-508,

Sec. 5082(2), which added this section.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-193 effective Oct. 1, 1996, see section

615 of Pub. L. 104-193, set out as a note under section 9858 of

this title.

-End-

-CITE-

42 USC Sec. 9858f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II09B - CHILD CARE AND DEVELOPMENT BLOCK GRANT

-HEAD-

Sec. 9858f. Repealed. Pub. L. 104-193, title VI, Sec. 608, Aug. 22,

1996, 110 Stat. 2284

-MISC1-

Section, Pub. L. 97-35, title VI, Sec. 658H, as added Pub. L.

101-508, title V, Sec. 5082(2), Nov. 5, 1990, 104 Stat. 1388-241;

amended Pub. L. 102-401, Sec. 3(a), Oct. 7, 1992, 106 Stat. 1959;

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

related to early childhood development and before- and after-school

services.

EFFECTIVE DATE OF REPEAL

Repeal effective Oct. 1, 1996, see section 615 of Pub. L.

104-193, set out as an Effective Date of 1996 Amendment note under

section 9858 of this title.

-End-

-CITE-

42 USC Sec. 9858g 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II09B - CHILD CARE AND DEVELOPMENT BLOCK GRANT

-HEAD-

Sec. 9858g. Administration and enforcement

-STATUTE-

(a) Administration

The Secretary shall -

(1) coordinate all activities of the Department of Health and

Human Services relating to child care, and, to the maximum extent

practicable, coordinate such activities with similar activities

of other Federal entities;

(2) collect, publish and make available to the public a listing

of State child care standards at least once every 3 years; and

(3) provide technical assistance to assist States to carry out

this subchapter, including assistance on a reimbursable basis.

(b) Enforcement

(1) Review of compliance with State plan

The Secretary shall review and monitor State compliance with

this subchapter and the plan approved under section 9858c(c) of

this title for the State.

(2) Noncompliance

(A) In general

If the Secretary, after reasonable notice to a State and

opportunity for a hearing, finds that -

(i) there has been a failure by the State to comply

substantially with any provision or requirement set forth in

the plan approved under section 9858c(c) of this title for

the State; or

(ii) in the operation of any program for which assistance

is provided under this subchapter there is a failure by the

State to comply substantially with any provision of this

subchapter;

the Secretary shall notify the State of the finding and shall

require that the State reimburse the Secretary for any funds

that were improperly expended for purposes prohibited or not

authorized by this subchapter, that the Secretary deduct from

the administrative portion of the State allotment for the

following fiscal year an amount that is less than or equal to

any improperly expended funds, or a combination of such

options.

(B) Additional sanctions

In the case of a finding of noncompliance made pursuant to

subparagraph (A), the Secretary may, in addition to imposing

the sanctions described in such subparagraph, impose other

appropriate sanctions, including recoupment of money improperly

expended for purposes prohibited or not authorized by this

subchapter, and disqualification from the receipt of financial

assistance under this subchapter.

(C) Notice

The notice required under subparagraph (A) shall include a

specific identification of any additional sanction being

imposed under subparagraph (B).

(3) Issuance of rules

The Secretary shall establish by rule procedures for -

(A) receiving, processing, and determining the validity of

complaints concerning any failure of a State to comply with the

State plan or any requirement of this subchapter; and

(B) imposing sanctions under this section.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 658I, as added Pub. L. 101-508,

title V, Sec. 5082(2), Nov. 5, 1990, 104 Stat. 1388-242; amended

Pub. L. 102-401, Sec. 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L.

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

104-193, title VI, Sec. 609, Aug. 22, 1996, 110 Stat. 2284.)

-MISC1-

AMENDMENTS

1996 - Subsec. (b)(1). Pub. L. 104-193, Sec. 609(1), struck out

", and shall have the power to terminate payments to the State in

accordance with paragraph (2)" before period at end.

Subsec. (b)(2)(A). Pub. L. 104-193, Sec. 609(2), in closing

provisions, substituted before period at end "finding and shall

require that the State reimburse the Secretary for any funds that

were improperly expended for purposes prohibited or not authorized

by this subchapter, that the Secretary deduct from the

administrative portion of the State allotment for the following

fiscal year an amount that is less than or equal to any improperly

expended funds, or a combination of such options" for "finding and

that no further payments may be made to such State under this

subchapter (or, in the case of noncompliance in the operation of a

program or activity, that no further payments to the State will be

made with respect to such program or activity) until the Secretary

is satisfied that there is no longer any such failure to comply or

that the noncompliance will be promptly corrected".

1992 - Pub. L. 102-401 and Pub. L. 102-586 made identical

technical corrections to directory language of Pub. L. 101-508,

Sec. 5082(2), which added this section.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-193 effective Oct. 1, 1996, see section

615 of Pub. L. 104-193, set out as a note under section 9858 of

this title.

-End-

-CITE-

42 USC Sec. 9858h 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II09B - CHILD CARE AND DEVELOPMENT BLOCK GRANT

-HEAD-

Sec. 9858h. Payments

-STATUTE-

(a) In general

Subject to the availability of appropriations, a State that has

an application approved by the Secretary under section 9858c(d) of

this title shall be entitled to a payment under this section for

each fiscal year in an amount equal to its allotment under section

9858m of this title for such fiscal year.

(b) Method of payment

(1) In general

Subject to paragraph (2), the Secretary may make payments to a

State in installments, and in advance or by way of reimbursement,

with necessary adjustments on account of overpayments or

underpayments, as the Secretary may determine.

(2) Limitation

The Secretary may not make such payments in a manner that

prevents the State from complying with the requirement specified

in section 9858c(c)(3) of this title.

(c) Spending of funds by State

Payments to a State from the allotment under section 9858m of

this title for any fiscal year may be obligated by the State in

that fiscal year or in the succeeding fiscal year.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 658J, as added Pub. L. 101-508,

title V, Sec. 5082(2), Nov. 5, 1990, 104 Stat. 1388-243; amended

Pub. L. 102-27, title III, Sec. 310, Apr. 10, 1991, 105 Stat. 153;

Pub. L. 102-401, Sec. 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L.

102-586, Sec. 8(a), (c)(1), Nov. 4, 1992, 106 Stat. 5035, 5036;

Pub. L. 103-171, Sec. 8, Dec. 2, 1993, 107 Stat. 1994; Pub. L.

104-193, title VI, Sec. 610, Aug. 22, 1996, 110 Stat. 2284.)

-MISC1-

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-193 substituted "obligated" for

"expended" and "succeeding fiscal year" for "succeeding 3 fiscal

years".

1993 - Subsec. (c). Pub. L. 103-171 made technical correction to

directory language of Pub. L. 102-586, Sec. 8(a). See 1992

Amendment note below.

1992 - Pub. L. 102-401 and Pub. L. 102-586, Sec. 8(c)(1), made

identical technical corrections to directory language of Pub. L.

101-508, Sec. 5082(2), which added this section.

Subsec. (c). Pub. L. 102-586, Sec. 8(a), as amended by Pub. L.

103-171, substituted "expended" for "obligated" and "succeeding 3

fiscal years" for "succeeding fiscal year".

1991 - Subsec. (c). Pub. L. 102-27 substituted "obligated" for

"expended".

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-193 effective Oct. 1, 1996, see section

615 of Pub. L. 104-193, set out as a note under section 9858 of

this title.

EFFECTIVE DATE OF 1992 AMENDMENT

Section 8(d) of Pub. L. 102-586 provided that:

"(1) In general. - Except as provided in paragraph (2), the

amendments made by this section [enacting section 9858q of this

title and amending this section and section 9858n of this title]

shall take effect on the date of enactment of this Act [Nov. 4,

1992].

"(2) Application. - The amendments made by this section shall not

apply with respect to fiscal years beginning before October 1,

1992."

-End-

-CITE-

42 USC Sec. 9858i 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II09B - CHILD CARE AND DEVELOPMENT BLOCK GRANT

-HEAD-

Sec. 9858i. Reports and audits

-STATUTE-

(a) Reports

(1) Collection of information by States

(A) In general

A State that receives funds to carry out this subchapter

shall collect the information described in subparagraph (B) on

a monthly basis.

(B) Required information

The information required under this subparagraph shall

include, with respect to a family unit receiving assistance

under this subchapter information concerning -

(i) family income;

(ii) county of residence;

(iii) the gender, race, and age of children receiving such

assistance;

(iv) whether the head of the family unit is a single

parent;

(v) the sources of family income, including -

(I) employment, including self-employment;

(II) cash or other assistance under -

(aa) the temporary assistance for needy families

program under part A of title IV of the Social Security

Act (42 U.S.C. 601 et seq.); and

(bb) a State program for which State spending is

counted toward the maintenance of effort requirement

under section 409(a)(7) of the Social Security Act (42

U.S.C. 609(a)(7));

(III) housing assistance;

(IV) assistance under the Food Stamp Act of 1977 [7

U.S.C. 2011 et seq.]; and

(V) other assistance programs;

(vi) the number of months the family has received benefits;

(vii) the type of child care in which the child was

enrolled (such as family child care, home care, or

center-based child care);

(viii) whether the child care provider involved was a

relative;

(ix) the cost of child care for such families; and

(x) the average hours per month of such care;

during the period for which such information is required to be

submitted.

(C) Submission to Secretary

A State described in subparagraph (A) shall, on a quarterly

basis, submit the information required to be collected under

subparagraph (B) to the Secretary.

(D) Use of samples

(i) Authority

A State may comply with the requirement to collect the

information described in subparagraph (B) through the use of

disaggregated case record information on a sample of families

selected through the use of scientifically acceptable

sampling methods approved by the Secretary.

(ii) Sampling and other methods

The Secretary shall provide the States with such case

sampling plans and data collection procedures as the

Secretary deems necessary to produce statistically valid

samples of the information described in subparagraph (B). The

Secretary may develop and implement procedures for verifying

the quality of data submitted by the States.

(2) Annual reports

Not later than December 31, 1997, and every 12 months

thereafter, a State described in paragraph (1)(A) shall prepare

and submit to the Secretary a report that includes aggregate data

concerning -

(A) the number of child care providers that received funding

under this subchapter as separately identified based on the

types of providers listed in section 9858n(5) of this title;

(B) the monthly cost of child care services, and the portion

of such cost that is paid for with assistance provided under

this subchapter, listed by the type of child care services

provided;

(C) the number of payments made by the State through

vouchers, contracts, cash, and disregards under public benefit

programs, listed by the type of child care services provided;

(D) the manner in which consumer education information was

provided to parents and the number of parents to whom such

information was provided; and

(E) the total number (without duplication) of children and

families served under this subchapter;

during the period for which such report is required to be

submitted.

(b) Audits

(1) Requirement

A State shall, after the close of each program period covered

by an application approved under section 9858c(d) of this title

audit its expenditures during such program period from amounts

received under this subchapter.

(2) Independent auditor

Audits under this subsection shall be conducted by an entity

that is independent of the State that receives assistance under

this subchapter and be in accordance with generally accepted

auditing principles.

(3) Submission

Not later than 30 days after the completion of an audit under

this subsection, the State shall submit a copy of the audit to

the legislature of the State and to the Secretary.

(4) Repayment of amounts

Each State shall repay to the United States any amounts

determined through an audit under this subsection not to have

been expended in accordance with this subchapter, or the

Secretary may offset such amounts against any other amount to

which the State is or may be entitled under this subchapter.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 658K, as added Pub. L. 101-508,

title V, Sec. 5082(2), Nov. 5, 1990, 104 Stat. 1388-243; amended

Pub. L. 102-401, Sec. 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L.

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

104-193, title VI, Sec. 611, Aug. 22, 1996, 110 Stat. 2284; Pub. L.

105-33, title V, Sec. 5602(2), Aug. 5, 1997, 111 Stat. 646.)

-REFTEXT-

REFERENCES IN TEXT

The Social Security Act, referred to in subsec.

(a)(1)(B)(v)(II)(aa), is act Aug. 14, 1935, ch. 531, 49 Stat. 620,

as amended. Part A of title IV of the Act is classified generally

to part A (Sec. 601 et seq.) of subchapter IV of chapter 7 of this

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

section 1305 of this title and Tables.

The Food Stamp Act of 1977, referred to in subsec.

(a)(1)(B)(v)(IV), is Pub. L. 88-525, Aug. 31, 1964, 78 Stat. 703,

as amended, which is classified generally to chapter 51 (Sec. 2011

et seq.) of Title 7, Agriculture. For complete classification of

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

2011 of Title 7 and Tables.

-MISC1-

AMENDMENTS

1997 - Subsec. (a)(1)(B)(iv). Pub. L. 105-33, Sec.

5602(2)(A)(i)(I), added cl. (iv) and struck out former cl. (iv)

which read as follows: "whether the family includes only one

parent;".

Subsec. (a)(1)(B)(v). Pub. L. 105-33, Sec. 5602(2)(A)(i)(II)(aa),

substituted "including - " for "including the amount obtained from

(and separately identified) - " in introductory provisions.

Subsec. (a)(1)(B)(v)(II). Pub. L. 105-33, Sec.

5602(2)(A)(i)(II)(bb), added subcl. (II) and struck out former

subcl. (II) which read as follows: "cash or other assistance under

part A of title IV of the Social Security Act;".

Subsec. (a)(1)(B)(x). Pub. L. 105-33, Sec. 5602(2)(A)(i)(III),

substituted "month" for "week".

Subsec. (a)(1)(D). Pub. L. 105-33, Sec. 5602(2)(A)(ii), added

subpar. (D) and struck out heading and text of former subpar. (D).

Text read as follows: "The Secretary may disapprove the information

collected by a State under this paragraph if the State uses

sampling methods to collect such information."

Subsec. (a)(2). Pub. L. 105-33, Sec. 5602(2)(B), substituted

"Annual" for "Biannual" in heading and "12" for "6" in introductory

provisions of text.

1996 - Pub. L. 104-193, Sec. 611(1), substituted "Reports" for

"Annual report" in section catchline.

Subsec. (a). Pub. L. 104-193, Sec. 611(2), amended heading and

text of subsec. (a) generally. Prior to amendment, text related to

requirement of reports by Dec. 31, 1992, and annually thereafter,

which include specification of expenditures under section

9858c(c)(3) of this title, data on fulfillment of child care needs,

description of improvements in affordability and availability,

description of review of State licensing and regulatory

requirements and policies and results of review, explanation of any

reductions in child care standards, and description of standards

and health and safety requirements applicable to providers.

Subsec. (b)(1). Pub. L. 104-193, Sec. 611(2)[(3)](A), substituted

"an application approved" for "a application approved".

Subsec. (b)(2). Pub. L. 104-193, Sec. 611(2)[(3)](B), substituted

"the State that receives" for "any agency administering activities

that receive".

Subsec. (b)(4). Pub. L. 104-193, Sec. 611(2)[(3)](C), substituted

"entitled under this subchapter" for "entitles under this

subchapter".

1992 - Pub. L. 102-401 and Pub. L. 102-586 made identical

technical corrections to directory language of Pub. L. 101-508,

Sec. 5082(2), which added this section.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-33 effective as if included in the

enactment of title VI of the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see

section 5603 of Pub. L. 105-33, set out as a note under section 618

of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-193 effective Oct. 1, 1996, see section

615 of Pub. L. 104-193, set out as a note under section 9858 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9858j of this title.

-End-

-CITE-

42 USC Sec. 9858j 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II09B - CHILD CARE AND DEVELOPMENT BLOCK GRANT

-HEAD-

Sec. 9858j. Report by Secretary

-STATUTE-

Not later than July 31, 1998, and biennially thereafter, the

Secretary shall prepare and submit to the Committee on Economic and

Educational Opportunities of the House of Representatives and the

Committee on Labor and Human Resources of the Senate a report that

contains a summary and analysis of the data and information

provided to the Secretary in the State reports submitted under

section 9858i of this title. Such report shall include an

assessment, and where appropriate, recommendations for the Congress

concerning efforts that should be undertaken to improve the access

of the public to quality and affordable child care in the United

States.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 658L, as added Pub. L. 101-508,

title V, Sec. 5082(2), Nov. 5, 1990, 104 Stat. 1388-244; amended

Pub. L. 102-401, Sec. 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L.

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

104-193, title VI, Sec. 612, Aug. 22, 1996, 110 Stat. 2285; Pub. L.

105-33, title V, Sec. 5602(3), Aug. 5, 1997, 111 Stat. 646.)

-MISC1-

AMENDMENTS

1997 - Pub. L. 105-33 substituted "1998" for "1997".

1996 - Pub. L. 104-193 substituted "July 31, 1997, and biennially

thereafter" for "July 31, 1993, and annually thereafter" and

"Committee on Economic and Educational Opportunities" for

"Committee on Education and Labor".

1992 - Pub. L. 102-401 and Pub. L. 102-586 made identical

technical corrections to directory language of Pub. L. 101-508,

Sec. 5082(2), which added this section.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-33 effective as if included in the

enactment of title VI of the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see

section 5603 of Pub. L. 105-33, set out as a note under section 618

of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-193 effective Oct. 1, 1996, see section

615 of Pub. L. 104-193, set out as a note under section 9858 of

this title.

-End-

-CITE-

42 USC Sec. 9858k 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II09B - CHILD CARE AND DEVELOPMENT BLOCK GRANT

-HEAD-

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

purposes

-STATUTE-

(a) Sectarian purposes and activities

No financial assistance provided under this subchapter, pursuant

to the choice of a parent under section 9858c(c)(2)(A)(i)(I) of

this title or through any other grant or contract under the State

plan, shall be expended for any sectarian purpose or activity,

including sectarian worship or instruction.

(b) Tuition

With regard to services provided to students enrolled in grades 1

through 12, no financial assistance provided under this subchapter

shall be expended for -

(1) any services provided to such students during the regular

school day;

(2) any services for which such students receive academic

credit toward graduation; or

(3) any instructional services which supplant or duplicate the

academic program of any public or private school.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 658M, as added Pub. L. 101-508,

title V, Sec. 5082(2), Nov. 5, 1990, 104 Stat. 1388-244; amended

Pub. L. 102-401, Sec. 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L.

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

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-401 and Pub. L. 102-586 made identical

technical corrections to directory language of Pub. L. 101-508,

Sec. 5082(2), which added this section.

-End-

-CITE-

42 USC Sec. 9858l 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II09B - CHILD CARE AND DEVELOPMENT BLOCK GRANT

-HEAD-

Sec. 9858l. Nondiscrimination

-STATUTE-

(a) Religious nondiscrimination

(1) Construction

(A) In general

Except as provided in subparagraph (B), nothing in this

section shall be construed to modify or affect the provisions

of any other Federal law or regulation that relates to

discrimination in employment on the basis of religion.

(B) Exception

A sectarian organization may require that employees adhere to

the religious tenets and teachings of such organization, and

such organization may require that employees adhere to rules

forbidding the use of drugs or alcohol.

(2) Discrimination against child

(A) In general

A child care provider (other than a family child care

provider) that receives assistance under this subchapter shall

not discriminate against any child on the basis of religion in

providing child care services.

(B) Non-funded child care slots

Nothing in this section shall prohibit a child care provider

from selecting children for child care slots that are not

funded directly with assistance provided under this subchapter

because such children or their family members participate on a

regular basis in other activities of the organization that owns

or operates such provider.

(3) Employment in general

(A) Prohibition

A child care provider that receives assistance under this

subchapter shall not discriminate in employment on the basis of

the religion of the prospective employee if such employee's

primary responsibility is or will be working directly with

children in the provision of child care services.

(B) Qualified applicants

If two or more prospective employees are qualified for any

position with a child care provider receiving assistance under

this subchapter, nothing in this section shall prohibit such

child care provider from employing a prospective employee who

is already participating on a regular basis in other activities

of the organization that owns or operates such provider.

(C) Present employees

This paragraph shall not apply to employees of child care

providers receiving assistance under this subchapter if such

employees are employed with the provider on November 5, 1990.

(4) Employment and admission practices

Notwithstanding paragraphs (1)(B), (2), and (3), if assistance

provided under this subchapter, and any other Federal or State

program, amounts to 80 percent or more of the operating budget of

a child care provider that receives such assistance, the

Secretary shall not permit such provider to receive any further

assistance under this subchapter unless the grant or contract

relating to the financial assistance, or the employment and

admissions policies of the provider, specifically provides that

no person with responsibilities in the operation of the child

care program, project, or activity of the provider will

discriminate against any individual in employment, if such

employee's primary responsibility is or will be working directly

with children in the provision of child care, or admissions

because of the religion of such individual.

(b) Effect on State law

Nothing in this subchapter shall be construed to supersede or

modify any provision of a State constitution or State law that

prohibits the expenditure of public funds in or by sectarian

institutions, except that no provision of a State constitution or

State law shall be construed to prohibit the expenditure in or by

sectarian institutions of any Federal funds provided under this

subchapter.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 658N, as added Pub. L. 101-508,

title V, Sec. 5082(2), Nov. 5, 1990, 104 Stat. 1388-245; amended

Pub. L. 102-401, Sec. 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L.

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

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-401 and Pub. L. 102-586 made identical

technical corrections to directory language of Pub. L. 101-508,

Sec. 5082(2), which added this section.

-End-

-CITE-

42 USC Sec. 9858m 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II09B - CHILD CARE AND DEVELOPMENT BLOCK GRANT

-HEAD-

Sec. 9858m. Amounts reserved; allotments

-STATUTE-

(a) Amounts reserved

(1) Territories and possessions

The Secretary shall reserve not to exceed one half of 1 percent

of the amount appropriated under this subchapter in each fiscal

year for payments to Guam, American Samoa, the Virgin Islands of

the United States, and the Commonwealth of the Northern Mariana

Islands to be allotted in accordance with their respective needs.

(2) Indians (!1) tribes

The Secretary shall reserve not less than 1 percent, and not

more than 2 percent, of the amount appropriated under section

9858 of this title in each fiscal year for payments to Indian

tribes and tribal organizations with applications approved under

subsection (c) of this section.

(b) State allotment

(1) General rule

From the amounts appropriated under section 9858 of this title

for each fiscal year remaining after reservations under

subsection (a) of this section, the Secretary shall allot to each

State an amount equal to the sum of -

(A) an amount that bears the same ratio to 50 percent of such

remainder as the product of the young child factor of the State

and the allotment percentage of the State bears to the sum of

the corresponding products for all States; and

(B) an amount that bears the same ratio to 50 percent of such

remainder as the product of the school lunch factor of the

State and the allotment percentage of the State bears to the

sum of the corresponding products for all States.

(2) Young child factor

The term "young child factor" means the ratio of the number of

children in the State under 5 years of age to the number of such

children in all States as provided by the most recent annual

estimates of population in the States by the Census Bureau of the

Department of Commerce.

(3) School lunch factor

The term "school lunch factor" means the ratio of the number of

children in the State who are receiving free or reduced price

lunches under the school lunch program established under the

Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et

seq.) to the number of such children in all the States as

determined annually by the Department of Agriculture.

(4) Allotment percentage

(A) In general

The allotment percentage for a State is determined by

dividing the per capita income of all individuals in the United

States, by the per capita income of all individuals in the

State.

(B) Limitations

If an allotment percentage determined under subparagraph (A)

-

(i) exceeds 1.2 percent, then the allotment percentage of

that State shall be considered to be 1.2 percent; and

(ii) is less than 0.8 percent, then the allotment

percentage of the State shall be considered to be 0.8

percent.

(C) Per capita income

For purposes of subparagraph (A), per capita income shall be

-

(i) determined at 2-year intervals;

(ii) applied for the 2-year period beginning on October 1

of the first fiscal year beginning on the date such

determination is made; and

(iii) equal to the average of the annual per capita incomes

for the most recent period of 3 consecutive years for which

satisfactory data are available from the Department of

Commerce at the time such determination is made.

(c) Payments for benefit of Indian children

(1) General authority

From amounts reserved under subsection (a)(2) of this section,

the Secretary may make grants to or enter into contracts with

Indian tribes or tribal organizations that submit applications

under this section, for the planning and carrying out of programs

or activities consistent with the purposes of this subchapter.

(2) Applications and requirements

An application for a grant or contract under this section shall

provide that:

(A) Coordination

The applicant will coordinate, to the maximum extent

feasible, with the lead agency in the State or States in which

the applicant will carry out programs or activities under this

section.

(B) Services on reservations

In the case of an applicant located in a State other than

Alaska, California, or Oklahoma, programs and activities under

this section will be carried out on the Indian reservation for

the benefit of Indian children.

(C) Reports and audits

The applicant will make such reports on, and conduct such

audits of, programs and activities under a grant or contract

under this section as the Secretary may require.

(3) Consideration of secretarial approval

In determining whether to approve an application for a grant or

contract under this section, the Secretary shall take into

consideration -

(A) the availability of child care services provided in

accordance with this subchapter by the State or States in which

the applicant proposes to carry out a program to provide child

care services; and

(B) whether the applicant has the ability (including skills,

personnel, resources, community support, and other necessary

components) to satisfactorily carry out the proposed program or

activity.

(4) Three-year limit

Grants or contracts under this section shall be for periods not

to exceed 3 years.

(5) Dual eligibility of Indian children

The awarding of a grant or contract under this section for

programs or activities to be conducted in a State or States shall

not affect the eligibility of any Indian child to receive

services provided or to participate in programs and activities

carried out under a grant to the State or States under this

subchapter.

(6) Construction or renovation of facilities

(A) Request for use of funds

An Indian tribe or tribal organization may submit to the

Secretary a request to use amounts provided under this

subsection for construction or renovation purposes.

(B) Determination

With respect to a request submitted under subparagraph (A),

and except as provided in subparagraph (C), upon a

determination by the Secretary that adequate facilities are not

otherwise available to an Indian tribe or tribal organization

to enable such tribe or organization to carry out child care

programs in accordance with this subchapter, and that the lack

of such facilities will inhibit the operation of such programs

in the future, the Secretary may permit the tribe or

organization to use assistance provided under this subsection

to make payments for the construction or renovation of

facilities that will be used to carry out such programs.

(C) Limitation

The Secretary may not permit an Indian tribe or tribal

organization to use amounts provided under this subsection for

construction or renovation if such use will result in a

decrease in the level of child care services provided by the

tribe or organization as compared to the level of such services

provided by the tribe or organization in the fiscal year

preceding the year for which the determination under

subparagraph (B) is being made.

(D) Uniform procedures

The Secretary shall develop and implement uniform procedures

for the solicitation and consideration of requests under this

paragraph.

(d) Data and information

The Secretary shall obtain from each appropriate Federal agency,

the most recent data and information necessary to determine the

allotments provided for in subsection (b) of this section.

(e) Reallotments

(1) In general

Any portion of the allotment under subsection (b) of this

section to a State that the Secretary determines is not required

to carry out a State plan approved under section 9858c(d) of this

title, in the period for which the allotment is made available,

shall be reallotted by the Secretary to other States in

proportion to the original allotments to the other States.

(2) Limitations

(A) Reduction

The amount of any reallotment to which a State is entitled to

under paragraph (1) shall be reduced to the extent that it

exceeds the amount that the Secretary estimates will be used in

the State to carry out a State plan approved under section

9858c(d) of this title.

(B) Reallotments

The amount of such reduction shall be similarly reallotted

among States for which no reduction in an allotment or

reallotment is required by this subsection.

(3) Amounts reallotted

For purposes of any other section of this subchapter, any

amount reallotted to a State under this subsection shall be

considered to be part of the allotment made under subsection (b)

of this section to the State.

(4) Indian tribes or tribal organizations

Any portion of a grant or contract made to an Indian tribe or

tribal organization under subsection (c) of this section that the

Secretary determines is not being used in a manner consistent

with the provision of this subchapter in the period for which the

grant or contract is made available, shall be allotted by the

Secretary to other tribes or organizations that have submitted

applications under subsection (c) of this section in accordance

with their respective needs.

(f) "State" defined

For the purposes of this section, the term "State" includes only

the 50 States, the District of Columbia, and the Commonwealth of

Puerto Rico.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 658O, as added Pub. L. 101-508,

title V, Sec. 5082(2), Nov. 5, 1990, 104 Stat. 1388-246; amended

Pub. L. 102-401, Sec. 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L.

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

104-193, title VI, Sec. 613, Aug. 22, 1996, 110 Stat. 2286; Pub. L.

105-33, title V, Sec. 5602(4), Aug. 5, 1997, 111 Stat. 646; Pub. L.

106-78, title VII, Sec. 752(b)(17), Oct. 22, 1999, 113 Stat. 1170.)

-REFTEXT-

REFERENCES IN TEXT

The Richard B. Russell National School Lunch Act, referred to in

subsec. (b)(3), is act June 4, 1946, ch. 281, 60 Stat. 230, as

amended, which is classified generally to chapter 13 (Sec. 1751 et

seq.) of this title. For complete classification of this Act to the

Code, see Short Title note set out under section 1751 of this title

and Tables.

-MISC1-

AMENDMENTS

1999 - Subsec. (b)(3). Pub. L. 106-78 substituted "Richard B.

Russell National School Lunch Act" for "National School Lunch Act".

1997 - Subsec. (c)(6)(C). Pub. L. 105-33 substituted

"subparagraph (B)" for "subparagraph (A)".

1996 - Subsec. (a)(1). Pub. L. 104-193, Sec. 613(1)(A), made

technical amendment to heading, inserted "and" before "the

Commonwealth of the Northern Marianna Islands", and struck out ",

and the Trust Territory of the Pacific Islands" before "to be

allotted in accordance".

Subsec. (a)(2). Pub. L. 104-193, Sec. 613(1)(B), substituted

"less than 1 percent, and not more than 2 percent," for "more than

3 percent".

Subsec. (c)(5). Pub. L. 104-193, Sec. 613(2)(A), substituted

"activities carried out" for "activities carried our".

Subsec. (c)(6). Pub. L. 104-193, Sec. 613(2)(B), added par. (6).

Subsec. (e)(4). Pub. L. 104-193, Sec. 613(3), added par. (4).

1992 - Pub. L. 102-401 and Pub. L. 102-586 made identical

technical corrections to directory language of Pub. L. 101-508,

Sec. 5082(2), which added this section.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-33 effective as if included in the

enactment of title VI of the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see

section 5603 of Pub. L. 105-33, set out as a note under section 618

of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-193 effective Oct. 1, 1996, see section

615 of Pub. L. 104-193, set out as a note under section 9858 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9858d, 9858h of this

title.

-FOOTNOTE-

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

-End-

-CITE-

42 USC Sec. 9858n 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II09B - CHILD CARE AND DEVELOPMENT BLOCK GRANT

-HEAD-

Sec. 9858n. Definitions

-STATUTE-

As used in this subchapter:

(1) Caregiver

The term "caregiver" means an individual who provides a service

directly to an eligible child on a person-to-person basis.

(2) Child care certificate

The term "child care certificate" means a certificate (that may

be a check or other disbursement) that is issued by a State or

local government under this subchapter directly to a parent who

may use such certificate only as payment for child care services

or as a deposit for child care services if such a deposit is

required of other children being cared for by the provider.

Nothing in this subchapter shall preclude the use of such

certificates for sectarian child care services if freely chosen

by the parent. For purposes of this subchapter, child care

certificates shall not be considered to be grants or contracts.

(3) Repealed. Pub. L. 104-193, title VI, Sec. 614(2), Aug. 22,

1996, 110 Stat. 2287

(4) Eligible child

The term "eligible child" means an individual -

(A) who is less than 13 years of age;

(B) whose family income does not exceed 85 percent of the

State median income for a family of the same size; and

(C) who -

(i) resides with a parent or parents who are working or

attending a job training or educational program; or

(ii) is receiving, or needs to receive, protective services

and resides with a parent or parents not described in clause

(i).

(5) Eligible child care provider

The term "eligible child care provider" means -

(A) a center-based child care provider, a group home child

care provider, a family child care provider, or other provider

of child care services for compensation that -

(i) is licensed, regulated, or registered under State law

as described in section 9858c(c)(2)(E) of this title; and

(ii) satisfies the State and local requirements, including

those referred to in section 9858c(c)(2)(F) of this title;

applicable to the child care services it provides; or

(B) a child care provider that is 18 years of age or older

who provides child care services only to eligible children who

are, by affinity or consanguinity, or by court decree, the

grandchild, great grandchild, sibling (if such provider lives

in a separate residence), niece, or nephew of such provider, if

such provider complies with any applicable requirements that

govern child care provided by the relative involved.

(6) Family child care provider

The term "family child care provider" means one individual who

provides child care services for fewer than 24 hours per day, as

the sole caregiver, and in a private residence.

(7) Indian tribe

The term "Indian tribe" has the meaning given it in section

450b(e) of title 25.

(8) Lead agency

The term "lead agency" means the agency designated under

section 9858(a) (!1) of this title.

(9) Parent

The term "parent" includes a legal guardian or other person

standing in loco parentis.

(10) Repealed. Pub. L. 104-193, title VI, Sec. 614(5), Aug. 22,

1996, 110 Stat. 2287

(11) Secretary

The term "Secretary" means the Secretary of Health and Human

Services unless the context specifies otherwise.

(12) Sliding fee scale

The term "sliding fee scale" means a system of cost sharing by

a family based on income and size of the family.

(13) State

The term "State" means any of the several States, the District

of Columbia, the Virgin Islands of the United States, the

Commonwealth of Puerto Rico, Guam, American Samoa, and the

Commonwealth of the Northern Mariana Islands.

(14) Tribal organization

(A) In general

The term "tribal organization" has the meaning given it in

section 450b(l) of title 25.

(B) Other organizations

Such term includes a Native Hawaiian Organization, as defined

in section 4909(4) (!1) of title 20 and a private nonprofit

organization established for the purpose of serving youth who

are Indians or Native Hawaiians.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 658P, as added Pub. L. 101-508,

title V, Sec. 5082(2), Nov. 5, 1990, 104 Stat. 1388-248; amended

Pub. L. 102-401, Sec. 3, Oct. 7, 1992, 106 Stat. 1959; Pub. L.

102-586, Sec. 8(c), Nov. 4, 1992, 106 Stat. 5036; Pub. L. 103-171,

Sec. 8, Dec. 2, 1993, 107 Stat. 1994; Pub. L. 104-193, title VI,

Sec. 614, Aug. 22, 1996, 110 Stat. 2287; Pub. L. 105-33, title V,

Sec. 5602(5), Aug. 5, 1997, 111 Stat. 646.)

-REFTEXT-

REFERENCES IN TEXT

Section 9858 of this title, referred to in par. (8), does not

contain a subsec. (a) and does not relate to designation of lead

agencies. For provisions relating to designation of a State agency

to act as a lead agency, see section 9858b(a) of this title.

Section 4909 of title 20, referred to in par. (14)(B), was

repealed by Pub. L. 103-382, title III, Sec. 363, Oct. 20, 1994,

108 Stat. 3975.

-MISC1-

AMENDMENTS

1997 - Par. (13). Pub. L. 105-33 substituted "and" for "or" after

"American Samoa,".

1996 - Par. (2). Pub. L. 104-193, Sec. 614(1), in first sentence,

inserted "or as a deposit for child care services if such a deposit

is required of other children being cared for by the provider"

after "payment for child care services".

Par. (3). Pub. L. 104-193, Sec. 614(2), struck out heading and

text of par. (3). Text read as follows: "The term 'elementary

school' means a day or residential school that provides elementary

education, as determined under State law."

Par. (4)(B). Pub. L. 104-193, Sec. 614(3), substituted "85

percent" for "75 percent".

Par. (5)(B). Pub. L. 104-193, Sec. 614(4), inserted "great

grandchild, sibling (if such provider lives in a separate

residence)," after "grandchild,", struck out "is registered and"

after "such provider", and substituted "any applicable

requirements" for "any State requirements".

Par. (10). Pub. L. 104-193, Sec. 614(5), struck out heading and

text of par. (10). Text read as follows: "The term 'secondary

school' means a day or residential school which provides secondary

education, as determined under State law."

Par. (13). Pub. L. 104-193, Sec. 614(6), inserted "or" after

"Samoa," and struck out ", and the Trust Territory of the Pacific

Islands" after "Northern Mariana Islands".

Par. (14). Pub. L. 104-193, Sec. 614(7), designated existing text

as subpar. (A), inserted heading, and added subpar. (B).

1993 - Pars. (7), (14). Pub. L. 103-171 made technical correction

to directory language of Pub. L. 102-586, Sec. 8(c)(2). See 1992

Amendment note below.

1992 - Pub. L. 102-401, Sec. 3(a), and Pub. L. 102-586, Sec.

8(c)(1), made identical technical corrections to directory language

of Pub. L. 101-508, Sec. 5082(2), which added this section.

Par. (7). Pub. L. 102-586, Sec. 8(c)(2)(A), as amended by Pub. L.

103-171, which directed the amendment of par. (7) by substituting

"section 450b(e) of title 25" for "section 450b(b) of title 25",

could not be executed because the words "section 450b(b) of title

25" did not appear subsequent to execution of the amendment by Pub.

L. 102-401, Sec. 3(b)(1). See below.

Pub. L. 102-401, Sec. 3(b)(1), substituted "section 450b(e) of

title 25" for "section 450b(b) of title 25".

Par. (14). Pub. L. 102-586, Sec. 8(c)(2)(B), as amended by Pub.

L. 103-171, which directed the amendment of par. (14) by

substituting "section 450b(l) of title 25" for "section 450b(c) of

title 25", could not be executed because the words "section 450b(c)

of title 25" did not appear subsequent to execution of the

amendment by Pub. L. 102-401, Sec. 3(b)(2). See below.

Pub. L. 102-401, Sec. 3(b)(2), substituted "section 450b(l) of

title 25" for "section 450b(c) of title 25".

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-33 effective as if included in the

enactment of title VI of the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see

section 5603 of Pub. L. 105-33, set out as a note under section 618

of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-193 effective Oct. 1, 1996, see section

615 of Pub. L. 104-193, set out as a note under section 9858 of

this title.

EFFECTIVE DATE OF 1992 AMENDMENTS

Amendment by Pub. L. 102-586 effective Nov. 4, 1992, but not

applicable with respect to fiscal years beginning before Oct. 1,

1992, see section 8(d) of Pub. L. 102-586, set out as a note under

section 9858h of this title.

Amendment by Pub. L. 102-401 effective Oct. 7, 1992, but not

applicable with respect to fiscal years beginning before Oct. 1,

1992, see section 4 of Pub. L. 102-401, set out as a note under

section 9835 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9858a, 9858i of this

title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 9858o 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II09B - CHILD CARE AND DEVELOPMENT BLOCK GRANT

-HEAD-

Sec. 9858o. Parental rights and responsibilities

-STATUTE-

Nothing in this subchapter shall be construed or applied in any

manner to infringe on or usurp the moral and legal rights and

responsibilities of parents or legal guardians.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 658Q, as added Pub. L. 101-508,

title V, Sec. 5082(2), Nov. 5, 1990, 104 Stat. 1388-249; amended

Pub. L. 102-401, Sec. 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L.

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

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-401 and Pub. L. 102-586 made identical

technical corrections to directory language of Pub. L. 101-508,

Sec. 5082(2), which added this section.

-End-

-CITE-

42 USC Sec. 9858p 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II09B - CHILD CARE AND DEVELOPMENT BLOCK GRANT

-HEAD-

Sec. 9858p. Severability

-STATUTE-

If any provision of this subchapter or the application thereof to

any person or circumstance is held invalid, the invalidity shall

not affect other provisions of applications of this subchapter

which can be given effect without regard to the invalid provision

or application, and to this end the provisions of this subchapter

shall be severable.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 658R, as added Pub. L. 101-508,

title V, Sec. 5082(2), Nov. 5, 1990, 104 Stat. 1388-249; amended

Pub. L. 102-401, Sec. 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L.

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

-MISC1-

AMENDMENTS

1992 - Pub. L. 102-401 and Pub. L. 102-586 made identical

technical corrections to directory language of Pub. L. 101-508,

Sec. 5082(2), which added this section.

-End-

-CITE-

42 USC Sec. 9858q 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II09B - CHILD CARE AND DEVELOPMENT BLOCK GRANT

-HEAD-

Sec. 9858q. Miscellaneous provisions

-STATUTE-

Notwithstanding any other law, the value of any child care

provided or arranged (or any amount received as payment for such

care or reimbursement for costs incurred for such care) under this

subchapter shall not be treated as income for purposes of any other

Federal or Federally-assisted program that bases eligibility, or

the amount of benefits, on need.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 658S, as added Pub. L. 102-586, Sec.

8(b), Nov. 4, 1992, 106 Stat. 5035; amended Pub. L. 103-171, Sec.

8, Dec. 2, 1993, 107 Stat. 1994.)

-MISC1-

AMENDMENTS

1993 - Pub. L. 103-171 made technical correction to directory

language of Pub. L. 102-586, Sec. 8(b), which added this section.

EFFECTIVE DATE

Section effective Nov. 4, 1992, but not applicable with respect

to fiscal years beginning before Oct. 1, 1992, see section 8(d) of

Pub. L. 102-586, set out as an Effective Date of 1992 Amendment

note under section 9858h of this title.

-End-

-CITE-

42 USC SUBCHAPTER II-C - CHILD CARE SAFETY AND HEALTH

GRANTS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II09C - CHILD CARE SAFETY AND HEALTH GRANTS

-HEAD-

SUBCHAPTER II-C - CHILD CARE SAFETY AND HEALTH GRANTS

-COD-

CODIFICATION

This subchapter was enacted as part of title XIV of div. A of the

Children's Health Act of 2000, and not as part of chapter 8 of

subtitle A of title VI of Pub. L. 97-35 which comprises this

chapter.

-End-

-CITE-

42 USC Sec. 9859 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II09C - CHILD CARE SAFETY AND HEALTH GRANTS

-HEAD-

Sec. 9859. Definitions

-STATUTE-

In this subchapter:

(1) Child with a disability; infant or toddler with a disability

The terms "child with a disability" and "infant or toddler with

a disability" have the meanings given the terms in sections 1401

and 1431 of title 20.

(2) Eligible child care provider

The term "eligible child care provider" means a provider of

child care services for compensation, including a provider of

care for a school-age child during non-school hours, that -

(A) is licensed, regulated, registered, or otherwise legally

operating, under State and local law; and

(B) satisfies the State and local requirements,

applicable to the child care services the provider provides.

(3) Secretary

The term "Secretary" means the Secretary of Health and Human

Services.

(4) State

The term "State" means any of the several States of the United

States, the District of Columbia, the Commonwealth of Puerto

Rico, the United States Virgin Islands, Guam, American Samoa, and

the Commonwealth of the Northern Mariana Islands.

-SOURCE-

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

Stat. 1143.)

-End-

-CITE-

42 USC Sec. 9859a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II09C - CHILD CARE SAFETY AND HEALTH GRANTS

-HEAD-

Sec. 9859a. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to carry out this

subchapter $200,000,000 for fiscal year 2001, and such sums as may

be necessary for each subsequent fiscal year.

-SOURCE-

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

Stat. 1143.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9859c of this title.

-End-

-CITE-

42 USC Sec. 9859b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II09C - CHILD CARE SAFETY AND HEALTH GRANTS

-HEAD-

Sec. 9859b. Programs

-STATUTE-

The Secretary shall make allotments to eligible States under

section 9859c of this title. The Secretary shall make the

allotments to enable the States to establish programs to improve

the health and safety of children receiving child care outside the

home, by preventing illnesses and injuries associated with that

care and promoting the health and well-being of children receiving

that care.

-SOURCE-

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

Stat. 1143.)

-End-

-CITE-

42 USC Sec. 9859c 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II09C - CHILD CARE SAFETY AND HEALTH GRANTS

-HEAD-

Sec. 9859c. Amounts reserved; allotments

-STATUTE-

(a) Amounts reserved

The Secretary shall reserve not more than one-half of 1 percent

of the amount appropriated under section 9859a of this title for

each fiscal year to make allotments to Guam, American Samoa, the

United States Virgin Islands, and the Commonwealth of the Northern

Mariana Islands to be allotted in accordance with their respective

needs.

(b) State allotments

(1) General rule

From the amounts appropriated under section 9859a of this title

for each fiscal year and remaining after reservations are made

under subsection (a) of this section, the Secretary shall allot

to each State an amount equal to the sum of -

(A) an amount that bears the same ratio to 50 percent of such

remainder as the product of the young child factor of the State

and the allotment percentage of the State bears to the sum of

the corresponding products for all States; and

(B) an amount that bears the same ratio to 50 percent of such

remainder as the product of the school lunch factor of the

State and the allotment percentage of the State bears to the

sum of the corresponding products for all States.

(2) Young child factor

In this subsection, the term "young child factor" means the

ratio of the number of children under 5 years of age in a State

to the number of such children in all States, as provided by the

most recent annual estimates of population in the States by the

Census Bureau of the Department of Commerce.

(3) School lunch factor

In this subsection, the term "school lunch factor" means the

ratio of the number of children who are receiving free or reduced

price lunches under the school lunch program established under

the National School Lunch Act (42 U.S.C. 1751 et seq.) in the

State to the number of such children in all States, as determined

annually by the Department of Agriculture.

(4) Allotment percentage

(A) In general

For purposes of this subsection, the allotment percentage for

a State shall be determined by dividing the per capita income

of all individuals in the United States, by the per capita

income of all individuals in the State.

(B) Limitations

If an allotment percentage determined under subparagraph (A)

for a State -

(i) is more than 1.2 percent, the allotment percentage of

the State shall be considered to be 1.2 percent; and

(ii) is less than 0.8 percent, the allotment percentage of

the State shall be considered to be 0.8 percent.

(C) Per capita income

For purposes of subparagraph (A), per capita income shall be

-

(i) determined at 2-year intervals;

(ii) applied for the 2-year period beginning on October 1

of the first fiscal year beginning after the date such

determination is made; and

(iii) equal to the average of the annual per capita incomes

for the most recent period of 3 consecutive years for which

satisfactory data are available from the Department of

Commerce on the date such determination is made.

(c) Data and information

The Secretary shall obtain from each appropriate Federal agency,

the most recent data and information necessary to determine the

allotments provided for in subsection (b) of this section.

(d) Definition

In this section, the term "State" includes only the several

States of the United States, the District of Columbia, and the

Commonwealth of Puerto Rico.

-SOURCE-

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

Stat. 1143.)

-REFTEXT-

REFERENCES IN TEXT

The National School Lunch Act, referred to in subsec. (b)(3),

probably means the Richard B. Russell National School Lunch Act,

act June 4, 1946, ch. 281, 60 Stat. 230, as amended, which is

classified generally to chapter 13 (Sec. 1751 et seq.) of this

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

Short Title note set out under section 1751 of this title and

Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9859b, 9859d, 9859e,

9859f of this title.

-End-

-CITE-

42 USC Sec. 9859d 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II09C - CHILD CARE SAFETY AND HEALTH GRANTS

-HEAD-

Sec. 9859d. State applications

-STATUTE-

To be eligible to receive an allotment under section 9859c of

this title, a State shall submit an application to the Secretary at

such time, in such manner, and containing such information as the

Secretary may require. The application shall contain information

assessing the needs of the State with regard to child care health

and safety, the goals to be achieved through the program carried

out by the State under this subchapter, and the measures to be used

to assess the progress made by the State toward achieving the

goals.

-SOURCE-

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

Stat. 1145.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9859f of this title.

-End-

-CITE-

42 USC Sec. 9859e 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II09C - CHILD CARE SAFETY AND HEALTH GRANTS

-HEAD-

Sec. 9859e. Use of funds

-STATUTE-

(a) In general

A State that receives an allotment under section 9859c of this

title shall use the funds made available through the allotment to

carry out two or more activities consisting of -

(1) providing training and education to eligible child care

providers on preventing injuries and illnesses in children, and

promoting health-related practices;

(2) strengthening licensing, regulation, or registration

standards for eligible child care providers;

(3) assisting eligible child care providers in meeting

licensing, regulation, or registration standards, including

rehabilitating the facilities of the providers, in order to bring

the facilities into compliance with the standards;

(4) enforcing licensing, regulation, or registration standards

for eligible child care providers, including holding increased

unannounced inspections of the facilities of those providers;

(5) providing health consultants to provide advice to eligible

child care providers;

(6) assisting eligible child care providers in enhancing the

ability of the providers to serve children with disabilities and

infants and toddlers with disabilities;

(7) conducting criminal background checks for eligible child

care providers and other individuals who have contact with

children in the facilities of the providers;

(8) providing information to parents on what factors to

consider in choosing a safe and healthy child care setting; or

(9) assisting in improving the safety of transportation

practices for children enrolled in child care programs with

eligible child care providers.

(b) Supplement, not supplant

Funds appropriated pursuant to the authority of this subchapter

shall be used to supplement and not supplant other Federal, State,

and local public funds expended to provide services for eligible

individuals.

-SOURCE-

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

Stat. 1145.)

-End-

-CITE-

42 USC Sec. 9859f 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER II09C - CHILD CARE SAFETY AND HEALTH GRANTS

-HEAD-

Sec. 9859f. Reports

-STATUTE-

Each State that receives an allotment under section 9859c of this

title shall annually prepare and submit to the Secretary a report

that describes -

(1) the activities carried out with funds made available

through the allotment; and

(2) the progress made by the State toward achieving the goals

described in the application submitted by the State under section

9859d of this title.

-SOURCE-

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

Stat. 1145.)

-End-

-CITE-

42 USC SUBCHAPTER III - FOLLOW THROUGH PROGRAMS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER III - FOLLOW THROUGH PROGRAMS

-HEAD-

SUBCHAPTER III - FOLLOW THROUGH PROGRAMS

-End-

-CITE-

42 USC Part I - Direct Services 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER III - FOLLOW THROUGH PROGRAMS

Part I - Direct Services

-HEAD-

PART I - DIRECT SERVICES

-End-

-CITE-

42 USC Secs. 9861, 9862 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER III - FOLLOW THROUGH PROGRAMS

Part I - Direct Services

-HEAD-

Secs. 9861, 9862. Repealed. Pub. L. 103-382, title III, Sec.

391(w), Oct. 20, 1994, 108 Stat. 4025

-MISC1-

Section 9861, Pub. L. 97-35, title VI, Sec. 662, Aug. 13, 1981,

95 Stat. 508; Pub. L. 101-501, title II, Sec. 202, Nov. 3, 1990,

104 Stat. 1243, authorized financial assistance for Follow Through

programs.

Section 9862, Pub. L. 97-35, title VI, Sec. 663, as added Pub. L.

101-501, title II, Sec. 203, Nov. 3, 1990, 104 Stat. 1244; amended

Pub. L. 102-119, Sec. 26(c), Oct. 7, 1991, 105 Stat. 607, related

to consideration of applications.

A prior section 9862, Pub. L. 97-35, title VI, Sec. 663, Aug. 13,

1981, 95 Stat. 509; Pub. L. 98-558, title III, Sec. 301, Oct. 30,

1984, 98 Stat. 2887; Pub. L. 99-425, title II, Sec. 201(a), Sept.

30, 1986, 100 Stat. 966, related to funding requirements, prior to

repeal by Pub. L. 101-501, title II, Sec. 203, Nov. 3, 1990, 104

Stat. 1244.

-End-

-CITE-

42 USC Part II - Program Improvement 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER III - FOLLOW THROUGH PROGRAMS

Part II - Program Improvement

-HEAD-

PART II - PROGRAM IMPROVEMENT

-End-

-CITE-

42 USC Secs. 9863 to 9865 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER III - FOLLOW THROUGH PROGRAMS

Part II - Program Improvement

-HEAD-

Secs. 9863 to 9865. Repealed. Pub. L. 103-382, title III, Sec.

391(w), Oct. 20, 1994, 108 Stat. 4025

-MISC1-

Section 9863, Pub. L. 97-35, title VI, Sec. 664, as added Pub. L.

101-501, title II, Sec. 204(a), Nov. 3, 1990, 104 Stat. 1245,

authorized financial assistance for research regarding Follow

Through programs and approaches.

A prior section 9863, Pub. L. 97-35, title VI, Sec. 664, Aug. 13,

1981, 95 Stat. 509, related to grants or contracts for research,

demonstration, and pilot projects, prior to repeal by Pub. L.

101-501, title II, Sec. 204(a), Nov. 3, 1990, 104 Stat. 1245.

Section 9863a, Pub. L. 97-35, title VI, Sec. 664A, as added Pub.

L. 101-501, title II, Sec. 204(a), Nov. 3, 1990, 104 Stat. 1245,

related to technical assistance and training.

Section 9863b, Pub. L. 97-35, title VI, Sec. 664B, as added Pub.

L. 101-501, title II, Sec. 204(a), Nov. 3, 1990, 104 Stat. 1246,

authorized grants to entities which operate, or previously

operated, effective Follow Through programs.

Section 9863c, Pub. L. 97-35, title VI, Sec. 664C, as added Pub.

L. 101-501, title II, Sec. 204(a), Nov. 3, 1990, 104 Stat. 1246,

related to grant to establish national clearinghouse on Follow

Through programs.

Section 9864, Pub. L. 97-35, title VI, Sec. 665, Aug. 13, 1981,

95 Stat. 510; Pub. L. 101-501, title II, Sec. 205, Nov. 3, 1990,

104 Stat. 1246, related to announcement of research and evaluation

contracts.

Section 9865, Pub. L. 97-35, title VI, Sec. 666, Aug. 13, 1981,

95 Stat. 510; Pub. L. 101-501, title II, Sec. 206, Nov. 3, 1990,

104 Stat. 1247, related to continuing evaluation of programs under

this subchapter.

-End-

-CITE-

42 USC Part III - General and Administrative Provisions 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER III - FOLLOW THROUGH PROGRAMS

Part III - General and Administrative Provisions

-HEAD-

PART III - GENERAL AND ADMINISTRATIVE PROVISIONS

-End-

-CITE-

42 USC Secs. 9866 to 9869 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER III - FOLLOW THROUGH PROGRAMS

Part III - General and Administrative Provisions

-HEAD-

Secs. 9866 to 9869. Repealed. Pub. L. 103-382, title III, Sec.

391(w), Oct. 20, 1994, 108 Stat. 4025

-MISC1-

Section 9866, Pub. L. 97-35, title VI, Sec. 667, as added Pub. L.

101-501, title II, Sec. 207(a), Nov. 3, 1990, 104 Stat. 1247,

related to authorization of appropriations to carry out this

subchapter.

A prior section 9866, Pub. L. 97-35, title VI, Sec. 667, Aug. 13,

1981, 95 Stat. 511, provided for technical assistance and training,

prior to repeal by Pub. L. 101-501, title II, Sec. 204(b), Nov. 3,

1990, 104 Stat. 1246.

Section 9867, Pub. L. 97-35, title VI, Sec. 668, Aug. 13, 1981,

95 Stat. 511; Pub. L. 99-425, title II, Sec. 201(b), Sept. 30,

1986, 100 Stat. 967; Pub. L. 101-501, title II, Secs. 201(2), 209,

Nov. 3, 1990, 104 Stat. 1243, 1248, related to special conditions

on financial assistance.

Section 9868, Pub. L. 97-35, title VI, Sec. 669, Aug. 13, 1981,

95 Stat. 511, related to applicability of other provisions to

administration of this subchapter.

Section 9869, Pub. L. 97-35, title VI, Sec. 669A, as added Pub.

L. 101-501, title II, Sec. 208, Nov. 3, 1990, 104 Stat. 1248,

related to participation of entities that receive funds under this

subchapter in other Federal educational activities and programs.

-End-

-CITE-

42 USC SUBCHAPTER IV - GRANTS TO STATES FOR PLANNING AND

DEVELOPMENT OF DEPENDENT CARE PROGRAMS AND

FOR OTHER PURPOSES 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER IV - GRANTS TO STATES FOR PLANNING AND DEVELOPMENT OF

DEPENDENT CARE PROGRAMS AND FOR OTHER PURPOSES

-HEAD-

SUBCHAPTER IV - GRANTS TO STATES FOR PLANNING AND DEVELOPMENT OF

DEPENDENT CARE PROGRAMS AND FOR OTHER PURPOSES

-COD-

CODIFICATION

Subchapter is based on subchapter E, formerly D, of chapter 8 of

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

98-558, title I, Sec. 109, Oct. 30, 1984, 98 Stat. 2880, and

amended and redesignated.

-End-

-CITE-

42 USC Sec. 9871 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER IV - GRANTS TO STATES FOR PLANNING AND DEVELOPMENT OF

DEPENDENT CARE PROGRAMS AND FOR OTHER PURPOSES

-HEAD-

Sec. 9871. Authorization of appropriations

-STATUTE-

For the purpose of making allotments to States to carry out the

activities described in section 9874 of this title, there is

authorized to be appropriated $13,000,000 for fiscal year 1995.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 670A, as added Pub. L. 98-558, title

I, Sec. 109, Oct. 30, 1984, 98 Stat. 2880; amended Pub. L. 99-425,

title III, Sec. 301, Sept. 30, 1986, 100 Stat. 967; Pub. L.

101-501, title III, Sec. 301, Nov. 3, 1990, 104 Stat. 1248; Pub. L.

103-252, title I, Sec. 122, May 18, 1994, 108 Stat. 650.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-252 substituted "is authorized to be

appropriated $13,000,000 for fiscal year 1995" for "are authorized

to be appropriated $20,000,000 for each of the fiscal years 1990

and 1991, and such sums as may be necessary for fiscal years 1992,

1993, and 1994".

1990 - Pub. L. 101-501 substituted "are authorized" for "is

authorized", struck out "1987, 1988, 1989, and" before "1990", and

inserted "and 1991, and such sums as may be necessary for fiscal

years 1992, 1993, and 1994" after "1990".

1986 - Pub. L. 99-425 amended section generally. Prior to

amendment, section read as follows: "For the purpose of allotments

to States to carry out the activities described in section 9874 of

this title, there are authorized to be appropriated $20,000,000 for

each of the fiscal years 1985 and 1986."

EFFECTIVE DATE OF 1994 AMENDMENT

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

applicable to Head Start agencies and other recipients of financial

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

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

under section 9832 of this title.

EFFECTIVE DATE OF 1990 AMENDMENT

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

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

this title.

EFFECTIVE DATE OF 1986 AMENDMENT

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

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

this title.

SHORT TITLE

For short title of this subchapter as the "State Dependent Care

Development Grants Act", see section 670H of Pub. L. 97-35, set out

as a note under section 9801 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9872, 9873 of this title.

-End-

-CITE-

42 USC Sec. 9872 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER IV - GRANTS TO STATES FOR PLANNING AND DEVELOPMENT OF

DEPENDENT CARE PROGRAMS AND FOR OTHER PURPOSES

-HEAD-

Sec. 9872. Allotments

-STATUTE-

(a) From the amounts appropriated under section 9871 of this

title for each fiscal year, the Secretary shall allot to each State

an amount which bears the same ratio to the total amount

appropriated under such section for such fiscal year as the

population of the State bears to the population of all States,

except that no State may receive less than $50,000 in each fiscal

year.

(b) For the purpose of the exception contained in subsection (a)

of this section, the term "State" does not include Guam, American

Samoa, the Virgin Islands, the Trust Territory of the Pacific

Islands, and the Commonwealth of the Northern Mariana Islands.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 670B, as added Pub. L. 98-558, title

I, Sec. 109, Oct. 30, 1984, 98 Stat. 2880.)

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9873, 9874, 9875 of this

title.

-End-

-CITE-

42 USC Sec. 9873 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER IV - GRANTS TO STATES FOR PLANNING AND DEVELOPMENT OF

DEPENDENT CARE PROGRAMS AND FOR OTHER PURPOSES

-HEAD-

Sec. 9873. Payments under allotments to States

-STATUTE-

The Secretary shall make payments, as provided by section 6503(a)

of title 31, to each State from its allotments under section 9872

of this title from amounts appropriated under section 9871 of this

title.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 670C, as added Pub. L. 98-558, title

I, Sec. 109, Oct. 30, 1984, 98 Stat. 2880.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 9874, 9875 of this title.

-End-

-CITE-

42 USC Sec. 9874 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER IV - GRANTS TO STATES FOR PLANNING AND DEVELOPMENT OF

DEPENDENT CARE PROGRAMS AND FOR OTHER PURPOSES

-HEAD-

Sec. 9874. Use of allotments

-STATUTE-

(a) Referral systems; information; contents

(1) Subject to the provisions of subsections (c) and (d) of this

section, amounts paid to a State under section 9873 of this title

from its allotment under section 9872 of this title may be used for

the planning, development, establishment, operation, expansion, or

improvement by the States, directly or by grant or contract with

public or private entities, of State and local resource and

referral systems to provide information concerning the

availability, types, costs, and locations of dependent care

services. The information provided by any such system may include -

(A) the types of dependent care services available, including

services provided by individual homes, religious organizations,

community organizations, employers, private industry, and public

and private institutions;

(B) the costs of available dependent care services;

(C) the locations in which dependent care services are

provided;

(D) the forms of transportation available to such locations;

(E) the hours during which such dependent care services are

available;

(F) the dependents eligible to enroll for such dependent care

services; and

(G) any resource and referral system planned, developed,

established, expanded, or improved with amounts paid to a State

under this subchapter.

(2) The State, with respect to the uses of funds described in

paragraph (1) of this subsection shall -

(A) provide assurances that no information will be included

with respect to any dependent care services which are not

provided in compliance with the laws of the State and localities

in which such services are provided; and

(B) provide assurances that the information provided will be

the latest information available and will be kept up to date.

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

(1) Subject to the provisions of subsections (c) and (d) of this

section, amounts paid to a State under section 9873 of this title

from its allotment under section 9872 of this title may be used for

the planning, development, establishment, operation, expansion, or

improvement by the States, directly, or by grant or contract, with

public agencies or private nonprofit organizations of programs to

furnish school-age child care services before and after school.

Amounts so paid to a State and used for the operation of such child

care services shall be designed to enable children, whose families

lack adequate financial resources, to participate in before or

after school child care programs.

(2) The State, with respect to the uses of funds described in

paragraph (1) of this subsection shall -

(A) provide assurances, in the case of an applicant that is not

a State or local educational agency, that the applicant has or

will enter into an agreement with the State or local educational

agency, institution of higher education or community center

containing provisions for -

(i) the use of facilities for the provision of before or

after school child care services (including such use during

holidays and vacation periods),

(ii) the restrictions, if any, on the use of such space, and

(iii) the times when the space will be available for the use

of the applicant;

(B) provide an estimate of the costs of the establishment of

the child care service program in the facilities;

(C) provide assurances that the parents of school-age children

will be involved in the development and implementation of the

program for which assistance is sought under this Act; (!1)

(D) provide assurances that the applicant is able and willing

to seek to enroll racially, ethnically, and economically diverse

school-age children, as well as handicapped school-age children,

in the child care service program for which assistance is sought

under this Act; (!1)

(E) provide assurances that the child care program is in

compliance with State and local child care licensing laws and

regulations governing day care services for school-age children

to the extent that such regulations are appropriate to the age

group served; and

(F) provide such other assurances as the chief executive

officer of the State may reasonably require to carry out this

Act.(!1)

(c) Percentage of allotment; waiver

(1) Except as provided in paragraph (2), of the allotment to each

State in each fiscal year -

(A) 40 percent shall be available for the activities described

in subsection (a) of this section;

(B) 60 percent shall be available for the activities described

in subsection (b) of this section.

(2) For any fiscal year the Secretary may waive the percentage

requirements specified in paragraph (1) on the request of a State

if such State demonstrates to the satisfaction of the Secretary -

(A) that the amount of funds available as a result of one of

such percentage requirements is not needed in such fiscal year

for the activities for which such amount is so made available;

and

(B) the adequacy of the alternative percentages, relative to

need, the State specifies the State will apply with respect to

all of the activities referred to in paragraph (1) if such waiver

is granted.

(d) Prohibition; use of amounts

A State may not use amounts paid to it under this subchapter to -

(1) make cash payments to intended recipients of dependent care

services including child care services;

(2) pay for construction or renovation; or

(3) satisfy any requirement for the expenditure of non-Federal

funds as a condition for the receipt of Federal funds.

(e) Federal share; cost of administration

(1) The Federal share of any project supported under this

subchapter shall be not more than 75 percent.

(2) Not more than 10 percent of the allotment of each State under

this subchapter may be available for the cost of administration.

(f) Duplication of services

Projects supported under this section to plan, develop,

establish, expand, operate, or improve a State or local resource

and referral system or before or after school child care program

shall not duplicate any services which are provided before October

30, 1984, by the State or locality which will be served by such

system.

(g) Technical assistance to States; planning and operational

activities

The Secretary may provide technical assistance to States in

planning and carrying out activities under this subchapter.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 670D, as added Pub. L. 98-558, title

I, Sec. 109, Oct. 30, 1984, 98 Stat. 2880; amended Pub. L. 99-425,

title III, Sec. 302, Sept. 30, 1986, 100 Stat. 967; Pub. L.

101-501, title III, Secs. 302, 303, 305(a), Nov. 3, 1990, 104 Stat.

1249, 1250.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (b)(2)(C), (D), (F), is Pub. L.

97-35, known as the Omnibus Budget Reconciliation Act of 1981, but

probably should have been "this subchapter", meaning subchapter E

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

the State Dependent Care Development Grants Act, which is

classified to this subchapter.

-MISC1-

AMENDMENTS

1990 - Subsec. (a)(1). Pub. L. 101-501, Secs. 303(a)(1),

305(a)(1), inserted "operation," after "establishment," and struck

out "for fiscal year 1985 and fiscal year 1986" before "may be

used".

Subsec. (b)(1). Pub. L. 101-501, Secs. 303(a)(2), (3), 305(a)(2),

struck out "for fiscal year 1985 and fiscal year 1986" before "may

be used", inserted "operation," after "establishment,", struck out

"in public or private school facilities or in community centers in

communities" after "before and after school", and inserted at end

"Amounts so paid to a State and used for the operation of such

child care services shall be designed to enable children, whose

families lack adequate financial resources, to participate in

before or after school child care programs."

Subsec. (b)(2)(D). Pub. L. 101-501, Sec. 305(a)(3)(A), inserted

"school-age children," after "diverse" and inserted comma after

last reference to "children".

Subsec. (b)(2)(F). Pub. L. 101-501, Sec. 305(a)(3)(B),

substituted "chief executive officer of the State" for "Governor"

and struck out "the provisions of" before "this Act".

Subsec. (c). Pub. L. 101-501, Sec. 302, designated existing

provision as par. (1), redesignated pars. (1) and (2) as subpars.

(A) and (B), respectively, substituted "Except as provided in

paragraph (2), of" for "Of", and added par. (2).

Subsec. (d). Pub. L. 101-501, Sec. 303(b), redesignated pars.

(2), (4), and (5) as (1), (2), and (3), respectively, and struck

out former pars. (1) and (3) which read as follows:

"(1) pay the costs of operation of any resource and referral

system or before or after school child care program established,

expanded, or improved under subsection (a) of this section;

"(3) subsidize the direct provision of dependent care services

including child care services;".

Subsec. (d)(1). Pub. L. 101-501, Sec. 305(a)(4), which directed

the substitution of "subsections (a) and (b) of this section" for

"subsection (a) of this section", could not be executed because of

the intervening amendment by Pub. L. 101-501, Sec. 303(b), see

above.

Subsec. (f). Pub. L. 101-501, Secs. 303(a)(4), 305(a)(5),

inserted "operate," after "expand," and substituted "which are

provided before October 30, 1984," for ", which prior to October

30, 1984, are provided".

Subsec. (g). Pub. L. 101-501, Sec. 305(a)(6), substituted

"carrying out activities" for "operating activities to be carried

out".

1986 - Subsec. (a). Pub. L. 99-425, Sec. 302(a), designated

existing provisions as par. (1), substituted "system may include"

for "system shall include", redesignated cls. (1) to (7) as (A) to

(G), respectively, struck out last sentence which read as follows:

"In carrying out clause (7) of the previous sentence, no

information shall be included with respect to any dependent care

services which are not provided in compliance with the laws of the

State and localities in which such services are provided", and

added par. (2).

Subsec. (b)(1). Pub. L. 99-425, Sec. 302(b)(1), struck out "where

school facilities are not available" after "centers in

communities".

Subsec. (b)(2)(E). Pub. L. 99-425, Sec. 302(b)(2), inserted

"child care" before "licensing laws".

EFFECTIVE DATE OF 1990 AMENDMENT

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

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

this title.

EFFECTIVE DATE OF 1986 AMENDMENT

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

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

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9871 of this title.

-FOOTNOTE-

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

-End-

-CITE-

42 USC Sec. 9875 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER IV - GRANTS TO STATES FOR PLANNING AND DEVELOPMENT OF

DEPENDENT CARE PROGRAMS AND FOR OTHER PURPOSES

-HEAD-

Sec. 9875. Application and description of activities; requirements

-STATUTE-

(a) Applications

(1) In order to receive an allotment under section 9872 of this

title, each State shall submit an application to the Secretary.

Each such application shall be in such form and submitted by such

date as the Secretary shall require.

(2) Each application required under paragraph (1) for an

allotment under section 9872 of this title shall contain assurances

that the State will meet the requirements of subsection (b) of this

section.

(b) Certifications

As part of the annual application required by subsection (a) of

this section, the chief executive officer of each State shall -

(1) certify that the State agrees to use the funds allotted to

it under section 9872 of this title in accordance with the

requirements of this subchapter; and

(2) certify that the State agrees that Federal funds made

available under section 9873 of this title for any period will be

so used as to supplement and increase the level of State, local,

and other non-Federal funds that would in the absence of such

Federal funds be made available for the programs and activities

for which funds are provided under that section and will in no

event supplant such State, local, and other non-Federal funds.

The Secretary may not prescribe for a State the manner of

compliance with the requirements of this subsection.

(c) Description; intended use of payments; comments; revision

(1) The chief executive officer of a State shall, as part of the

application required by subsection (a) of this section, also

prepare and furnish the Secretary (in accordance with such form as

the Secretary shall provide) with a description of the intended use

of the payments the State will receive under section 9873 of this

title, including information on the programs and activities to be

supported. The description shall be made public within the State in

such manner as to facilitate comment from any person (including any

Federal or other public agency) during development of the

description and after its transmittal. The description shall be

revised (consistent with this section) until September 30, 1991, as

may be necessary to reflect substantial changes in the programs and

activities assisted by the State under this subchapter, and any

revision shall be subject to the requirements of the preceding

sentence.

(2) The chief executive officer of each State shall include in

such a description of -

(A) the number of children who participated in before and after

school child care programs assisted under this subchapter;

(B) the characteristics of the children so served including age

levels, handicapped condition, income level of families in such

programs;

(C) the salary level and benefits paid to employees in such

child care programs; and

(D) the number of clients served in resource and referral

systems assisted under this subchapter, and the types of

assistance they requested.

(d) Application to Public Health Service Act

Except where inconsistent with the provisions of this subchapter,

the provisions of section 1903(b) [42 U.S.C. 300w-2(b)], paragraphs

(1) through (5) of section 1906(a) (!1) [42 U.S.C. 300w-5(a)], and

sections 1906(b), 1907, 1908, and 1909 [42 U.S.C. 300w-5(b),

300w-6, 300w-7, 300w-8] of the Public Health Service Act shall

apply to this subchapter in the same manner as such provisions

apply to part A of title XIX of such Act [42 U.S.C. 300w et seq.].

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 670E, as added Pub. L. 98-558, title

I, Sec. 109, Oct. 30, 1984, 98 Stat. 2882; amended Pub. L. 101-501,

title III, Secs. 304, 305(b), Nov. 3, 1990, 104 Stat. 1249, 1250.)

-REFTEXT-

REFERENCES IN TEXT

The Public Health Service Act, referred to in subsec. (d), is act

July 1, 1944, ch. 373, 58 Stat. 682, as amended. Part A of title

XIX of the Public Health Service Act is classified generally to

part A (Sec. 300w et seq.) of subchapter XVII of chapter 6A of this

title. Section 1906(a) of the Act, which is classified to section

300w-5(a) of this title, was amended generally by Pub. L. 102-531,

title I, Sec. 104(a), Oct. 27, 1992, 106 Stat. 3473, and, as so

amended, consists of pars. (1) to (4) rather than pars. (1) to (5).

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

Title note set out under section 201 of this title and Tables.

-MISC1-

AMENDMENTS

1990 - Subsec. (c). Pub. L. 101-501, Sec. 305(b), which directed

that "until September 30, 1987," be struck out, could not be

executed, because of the intervening amendment by Pub. L. 101-501,

Sec. 304, see below.

Pub. L. 101-501, Sec. 304, designated existing provisions as par.

(1), substituted "September 30, 1991" for "September 30, 1987", and

added par. (2).

EFFECTIVE DATE OF 1990 AMENDMENT

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

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

this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 9876 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER IV - GRANTS TO STATES FOR PLANNING AND DEVELOPMENT OF

DEPENDENT CARE PROGRAMS AND FOR OTHER PURPOSES

-HEAD-

Sec. 9876. Report

-STATUTE-

Within three years after October 30, 1984, the Secretary shall

prepare and transmit to the Senate Committee on Labor and Human

Resources and the House Committee on Education and Labor a report

concerning the activities conducted by the States with amounts

provided under this subchapter.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 670F, as added Pub. L. 98-558, title

I, Sec. 109, Oct. 30, 1984, 98 Stat. 2883.)

-CHANGE-

CHANGE OF NAME

Committee on Education and Labor of House of Representatives

treated as referring to Committee on Economic and Educational

Opportunities of House of Representatives by section 1(a) of Pub.

L. 104-14, set out as a note preceding section 21 of Title 2, The

Congress. Committee on Economic and Educational Opportunities of

House of Representatives changed to Committee on Education and the

Workforce of House of Representatives by House Resolution No. 5,

One Hundred Fifth Congress, Jan. 7, 1997.

-End-

-CITE-

42 USC Sec. 9877 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER IV - GRANTS TO STATES FOR PLANNING AND DEVELOPMENT OF

DEPENDENT CARE PROGRAMS AND FOR OTHER PURPOSES

-HEAD-

Sec. 9877. Definitions

-STATUTE-

For purposes of this subchapter -

(1) the term "community center" means facilities operated by

nonprofit community-based organizations for the provision of

recreational, social, or educational services to the general

public;

(2) the term "dependent" means -

(A) an individual who has not attained the age of 17 years;

(B) an individual who has attained the age of 55 years; or

(C) an individual with a developmental disability;

(3) the term "developmental disability" has the same meaning as

in section 15002 of this title;

(4) the term "equipment" has the same meaning given that term

by section 198(a)(8) of the Elementary and Secondary Education

Act of 1965; (!1)

(5) the term "institution of higher education" has the same

meaning given that term under section 1001 of title 20;

(6) the term "local educational agency" has the same meaning

given that term under section 7801 of title 20;

(7) the term "school-age children" means children aged five

through thirteen, except that in any State in which by State law

children at an earlier age are provided free public education,

the age provided in State law shall be substituted for age five;

(8) the term "school facilities" means classrooms and related

facilities used for the provision of education;

(9) the term "Secretary" means the Secretary of Health and

Human Services;

(10) the term "State" means each of the several States, the

District of Columbia, the Commonwealth of Puerto Rico, Guam,

American Samoa, the Virgin Islands, the Federated States of

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

Commonwealth of the Northern Mariana Islands; and

(11) the term "State educational agency" has the meaning given

that term under section 7801 of title 20.

-SOURCE-

(Pub. L. 97-35, title VI, Sec. 670G, as added Pub. L. 98-558, title

I, Sec. 109, Oct. 30, 1984, 98 Stat. 2883; amended Pub. L. 99-425,

title III, Sec. 303, Sept. 30, 1986, 100 Stat. 967; Pub. L.

101-501, title III, Sec. 305(c), Nov. 3, 1990, 104 Stat. 1250; Pub.

L. 103-382, title III, Sec. 394(l), Oct. 20, 1994, 108 Stat. 4029;

Pub. L. 105-244, title I, Sec. 102(a)(13)(H), Oct. 7, 1998, 112

Stat. 1621; Pub. L. 106-402, title IV, Sec. 401(b)(12), Oct. 30,

2000, 114 Stat. 1739; Pub. L. 107-110, title X, Sec. 1076(dd), Jan.

8, 2002, 115 Stat. 2093.)

-REFTEXT-

REFERENCES IN TEXT

Section 198 of the Elementary and Secondary Education Act of

1965, referred to in par. (4), is section 198 of Pub. L. 89-10,

title I, as added Pub. L. 95-561, title I, Sec. 101(a), Nov. 1,

1978, 92 Stat. 2198, as amended, which was classified to section

2854 of Title 20, Education, prior to the general revision of Pub.

L. 89-10 by Pub. L. 100-297, title I, Sec. 1001, Apr. 28, 1988, 102

Stat. 140.

-MISC1-

AMENDMENTS

2002 - Pars. (6), (11). Pub. L. 107-110 substituted "7801" for

"8801".

2000 - Par. (3). Pub. L. 106-402 substituted "section 15002 of

this title" for "section 6001(7) of this title".

1998 - Par. (5). Pub. L. 105-244, which directed amendment of

section 670G(5) of the Child Care and Development Block Grant Act

of 1990 (42 U.S.C. 9877(5)) by substituting "section 1001" for

"section 1141(a)", was executed to this section, which is section

670G(5) of subchapter E of chapter 8 of subtitle A of title VI of

Pub. L. 97-35, known as the State Dependent Care Development Grants

Act, to reflect the probable intent of Congress.

1994 - Par. (6). Pub. L. 103-382, Sec. 394(l)(1), substituted

"section 8801 of title 20" for "section 198(a)(10) of the

Elementary and Secondary Education Act of 1965".

Par. (11). Pub. L. 103-382, Sec. 394(l)(2), substituted "section

8801 of title 20" for "section 198(a)(17) of the Elementary and

Secondary Education Act of 1965".

1990 - Par. (2)(C). Pub. L. 101-501, Sec. 305(c)(1), substituted

"an individual" for "a person".

Par. (7). Pub. L. 101-501, Sec. 305(c)(2), inserted "in" after

first reference to "State".

Par. (10). Pub. L. 101-501, Sec. 305(c)(3), substituted

"Federated States of Micronesia, the Republic of the Marshall

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

1986 - Par. (7). Pub. L. 99-425 inserted ", except that in any

State which by State law children at an earlier age are provided

free public education, the age provided in State law shall be

substituted for age five".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-110 effective Jan. 8, 2002, except with

respect to certain noncompetitive programs and competitive

programs, see section 5 of Pub. L. 107-110, set out as an Effective

Date note under section 6301 of Title 20, Education.

EFFECTIVE DATE OF 1998 AMENDMENT

Amendment by Pub. L. 105-244 effective Oct. 1, 1998, except as

otherwise provided in Pub. L. 105-244, see section 3 of Pub. L.

105-244, set out as a note under section 1001 of Title 20,

Education.

EFFECTIVE DATE OF 1990 AMENDMENT

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

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

this title.

EFFECTIVE DATE OF 1986 AMENDMENT

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

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

this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC SUBCHAPTER V - COMPREHENSIVE CHILD DEVELOPMENT

PROGRAM 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER V - COMPREHENSIVE CHILD DEVELOPMENT PROGRAM

-HEAD-

SUBCHAPTER V - COMPREHENSIVE CHILD DEVELOPMENT PROGRAM

-End-

-CITE-

42 USC Secs. 9881 to 9887 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 105 - COMMUNITY SERVICES PROGRAMS

SUBCHAPTER V - COMPREHENSIVE CHILD DEVELOPMENT PROGRAM

-HEAD-

Secs. 9881 to 9887. Repealed. Pub. L. 103-252, title I, Secs.

112(b)(1), (2)(B), May 18, 1994, 108 Stat. 640, 641

-MISC1-

Section 9881, Pub. L. 97-35, title VI, Sec. 670N, as added Pub.

L. 100-297, title II, Sec. 2503, Apr. 28, 1988, 102 Stat. 326,

authorized Comprehensive Child Development Program for pre-school

children. See section 9840a of this title.

Section 9882, Pub. L. 97-35, title VI, Sec. 670O, as added Pub.

L. 100-297, title II, Sec. 2503, Apr. 28, 1988, 102 Stat. 328,

proscribed Secretary from taking into consideration, when making a

grant under former section 9881, whether the applicant had applied

or received funds under subchapter II of this chapter, relating to

the Head Start program.

Section 9883, Pub. L. 97-35, title VI, Sec. 670P, as added Pub.

L. 100-297, title II, Sec. 2503, Apr. 28, 1988, 102 Stat. 329,

related to applicability to this subchapter of rules and

regulations prescribed to carry out subchapter II of this chapter

to the extent that the services provided were similar.

Section 9884, Pub. L. 97-35, title VI, Sec. 670Q, as added Pub.

L. 100-297, title II, Sec. 2503, Apr. 28, 1988, 102 Stat. 329,

directed Secretary to continually evaluate projects under this

subchapter.

Section 9885, Pub. L. 97-35, title VI, Sec. 670R, as added Pub.

L. 100-297, title II, Sec. 2503, Apr. 28, 1988, 102 Stat. 329,

directed Secretary to carry out this subchapter through the

administrative entity used to carry out subchapter II of this

chapter.

Section 9886, Pub. L. 97-35, title VI, Sec. 670S, as added Pub.

L. 100-297, title II, Sec. 2503, Apr. 28, 1988, 102 Stat. 329;

amended Pub. L. 102-119, Sec. 26(a), Oct. 7, 1991, 105 Stat. 607;

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

4025, provided definitions for terms used in this subchapter.

Section 9887, Pub. L. 97-35, title VI, Sec. 670T, as added Pub.

L. 100-297, title II, Sec. 2503, Apr. 28, 1988, 102 Stat. 330;

amended Pub. L. 101-501, title VIII, Sec. 801, Nov. 3, 1990, 104

Stat. 1261, authorized appropriations to carry out this subchapter.

EFFECTIVE DATE OF REPEAL

Repeal effective May 18, 1994, but not applicable to Head Start

agencies and other recipients of financial assistance under the

Head Start Act (42 U.S.C. 9831 et seq.) until Oct. 1, 1994, see

section 127 of Pub. L. 103-252, set out as an Effective Date of

1994 Amendment note under section 9832 of this title.

COMPREHENSIVE CHILD DEVELOPMENT PROGRAM; CONGRESSIONAL STATEMENT OF

PURPOSE

Pub. L. 100-297, title II, part E, Sec. 2502, Apr. 28, 1988, 102

Stat. 325, provided that it is the purpose of part E of title II of

Pub. L. 100-297 to provide financial assistance to projects that

target and support infants and young children from low-income

families, enhance their development, and provide support for their

parents and other family members, prior to repeal by Pub. L.

103-252, title I, Sec. 112(b)(1), (2)(A), May 18, 1994, 108 Stat.

640, 641.

CONSOLIDATION OF CHILD DEVELOPMENT PROGRAMS

Section 112(b)(1) of Pub. L. 103-252 provided that: "In

recognition that the Comprehensive Child Development Centers Act

[enacting this subchapter, amending section 9833 of this title, and

enacting provisions set out as notes under this section and section

9801 of this title] has demonstrated positive results, and that its

purposes and functions have been consolidated into section 645A of

the Head Start Act [42 U.S.C. 9840a], the Comprehensive Child

Development Centers Act of 1988 (42 U.S.C. 9801 note) and the

Comprehensive Child Development Act (42 U.S.C. 9881 et seq.) are

repealed."

-End-