-CITE- 42 USC CHAPTER 105 - COMMUNITY SERVICES PROGRAMS 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 105 - COMMUNITY SERVICES PROGRAMS -HEAD- CHAPTER 105 - COMMUNITY SERVICES PROGRAMS -MISC1- SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT Sec. 9801. Statement of purpose. 9802. "Community development corporation" defined. 9803. Repealed. 9804. Advisory Community Investment Board. (a) National Community Investment Board; functions, composition, etc. (b) Function. (c) Local advisory community investment boards; establishment, composition, etc. PART A - URBAN AND RURAL SPECIAL IMPACT PROGRAMS 9805. Statement of purpose. 9806. Establishment and scope of programs. 9807. Financial assistance requirements. (a) Conditions. (b) Relocations substantially increasing unemployment. (c) Community economic development program; application; specification of goals. 9808. Federal share; amount; availability; ownership of property acquired with Federal financial assistance. PART B - SPECIAL RURAL PROGRAMS 9809. Statement of purpose. 9810. Financial assistance to low-income families, local cooperative associations, and local public or private nonprofit organizations or entities; amount, purposes, etc. 9811. Limitation on assistance. PART C - DEVELOPMENT LOANS TO COMMUNITY ECONOMIC DEVELOPMENT PROGRAMS 9812. Development loan fund. (a) Authorities, scope, and purposes; conditions; interest rate; repayment. (b) Adjustment of interest rates, moratorium on principal and interest, etc. (c) Establishment, funding, etc. 9812a. Interest rates payable on certain rural development loans; assignment of loan contracts. (a) Modification of interest rates. (b) Assignment of certain loan contracts. 9813. Model Community Economic Development Finance Corporation; establishment; functions. PART D - SUPPORTIVE PROGRAMS AND ACTIVITIES 9814. Training and technical assistance. (a) Grants, contracts, and other arrangements; preconditions. (b) Technical assistance to community development corporations and urban and rural cooperatives. (c) Training for employees of community development corporations and employees and members of urban and rural cooperatives. 9815. Small Business Administration and Department of Commerce economic development programs; regulations. 9816. Department of Housing and Urban Development programs. 9817. Department of Agriculture; Rural Development Administration programs. 9818. Coordination and eligibility. 9819. Evaluation of programs; implementation and funding, etc.; research and demonstration projects; implementation and purposes. 9820. Grants to plan economic development and cooperative programs. 9821. Nondiscrimination provisions. 9822. Availability of certain appropriated funds. SUBCHAPTER II - HEAD START PROGRAMS 9831. Statement of purpose. 9832. Definitions. 9833. Financial assistance for Head Start programs. 9834. Authorization of appropriations. 9835. Allotment of funds. (a) Distribution of appropriations; priorities, etc. (b) Federal share. (c) Services covered. (d) Enrollment of children with disabilities and provision of services. (e) Distribution of benefits between residents of rural and urban areas. (f) Guidelines for local service delivery models. (g) Maintenance of current services; expansion of Head Start programs. (h) Full-working-day services. (i) Vehicle safety regulations. (j) Compensation of staff. (k) Flexibility in hours of service requirement. (l) Frequent relocation of migrant families. 9835a. Repealed. 9836. Designation of Head Start agencies. (a) Authorization; prerequisites. (b) Definition. (c) Priority. (d) Designation; Head Start agency; qualified applicants. (e) Designation of agency on an interim basis. (f) Involvement of parents and area residents in selection of agencies. (g) Priority for nonprofit agencies and applicants with demonstrated capacity. 9836a. Quality standards; monitoring of Head Start agencies and programs. (a) Quality standards. (b) Results-based performance measures. (c) Monitoring of local agencies and programs. (d) Corrective action; termination. (e) Summaries of monitoring outcomes. 9837. Powers and functions of Head Start agencies. (a) Receipt, administration, and transfer of funds; sponsorship of projects; delegation of authority, etc. (b) Participation of parents in decisionmaking, implementation, etc. (c) Coordination with other agencies. (d) Transition coordination with schools. (e) Assessment when hiring or evaluating classroom teachers. 9837a. Head Start transition. 9838. Submission of plans to chief executive officer. 9839. Administrative requirements and standards. (a) Employment practices, nonpartisanship, staff accountability, public access to information, etc. (b) Development and administrative costs of programs. (c) Rules and regulations; special or simplified requirements for small agencies; common or joint use of facilities. (d) Publication and notification of proposed rules, etc. (e) Neutrality concerning union organizing. (f) Purchase of facility; approval requirements; financial assistance. (g) Payments for capital expenditures. (h) Personnel preferences to Indian tribe members. 9840. Participation in Head Start programs. (a) Criteria for eligibility. (b) Establishment of fee schedule or charging of fees; payment by families willing and able to pay. (c) Availability of more than one year of services; children eligible. (d) Indian tribes. 9840a. Early Head Start programs for families with infants and toddlers. (a) In general. (b) Scope and design of programs. (c) Persons eligible to participate. (d) Eligible service providers. (e) Selection of grant recipients. (f) Distribution. (g) Monitoring, training, technical assistance, and evaluation. 9841. Appeals, notice, hearing, and mediation; alternative agency for Indian tribe. (a) Notice requirements; suspension or termination of assistance stayed pending hearing; mediation. (b) Notification of conflict by Head Start agency to regional office. (c) Timeline for administrative hearing. (d) Termination of designation not stayed upon appeal. (e) Establishment of alternative agency by Indian tribe. 9842. Records and audits. 9843. Technical assistance and training. (a) Technical assistance and personnel training. (b) Consideration of local needs. (c) Prioritization of resource allocation. (d) Training in performing and visual arts and electronic media. (e) Child development and assessment program. 9843a. Staff qualifications and development. (a) Classroom teachers. (b) Mentor teachers. (c) Family service workers. (d) Head Start Fellowships. (e) Model staffing plans. 9844. Research, demonstrations, and evaluation. (a) In general. (b) Conduct of research, demonstration, and evaluation activities. (c) Consultation and collaboration. (d) Specific objectives. (e) Longitudinal studies. (f) Ownership of results. (g) National Head Start impact research. (h) Quality improvement study. 9845. Repealed. 9846. Reports. (a) Status of children. (b) Facilities. 9846a, 9847. Repealed. 9848. Comparability of wages. 9849. Nondiscrimination provisions. (a) Discrimination based on race, creed, color, etc., as basis for denial of financial assistance. (b) Sex discrimination; enforcement provisions applicable. (c) Discrimination based on handicapping condition as basis for denial of financial assistance. 9850. Limitation with respect to certain unlawful activities. 9851. Political activities. 9852. Advance funding. 9852a. Repealed. SUBCHAPTER II-A - HEAD START TRANSITION PROJECT 9855 to 9855g. Repealed. SUBCHAPTER II-B - CHILD CARE AND DEVELOPMENT BLOCK GRANT 9858. Authorization of appropriations. 9858a. Establishment of block grant program. 9858b. Lead agency. (a) Designation. (b) Duties. 9858c. Application and plan. (a) Application. (b) Period covered by plan. (c) Requirements of a plan. (d) Approval of application. 9858d. Limitations on State allotments. (a) No entitlement to contract or grant. (b) Construction of facilities. 9858e. Activities to improve quality of child care. 9858f. Repealed. 9858g. Administration and enforcement. (a) Administration. (b) Enforcement. 9858h. Payments. (a) In general. (b) Method of payment. (c) Spending of funds by State. 9858i. Reports and audits. (a) Reports. (b) Audits. 9858j. Report by Secretary. 9858k. Limitations on use of financial assistance for certain purposes. (a) Sectarian purposes and activities. (b) Tuition. 9858l. Nondiscrimination. (a) Religious nondiscrimination. (b) Effect on State law. 9858m. Amounts reserved; allotments. (a) Amounts reserved. (b) State allotment. (c) Payments for benefit of Indian children. (d) Data and information. (e) Reallotments. (f) "State" defined. 9858n. Definitions. 9858o. Parental rights and responsibilities. 9858p. Severability. 9858q. Miscellaneous provisions. SUBCHAPTER II-C - CHILD CARE SAFETY AND HEALTH GRANTS 9859. Definitions. 9859a. Authorization of appropriations. 9859b. Programs. 9859c. Amounts reserved; allotments. (a) Amounts reserved. (b) State allotments. (c) Data and information. (d) Definition. 9859d. State applications. 9859e. Use of funds. (a) In general. (b) Supplement, not supplant. 9859f. Reports. SUBCHAPTER III - FOLLOW THROUGH PROGRAMS 9861 to 9869. Repealed. SUBCHAPTER IV - GRANTS TO STATES FOR PLANNING AND DEVELOPMENT OF DEPENDENT CARE PROGRAMS AND FOR OTHER PURPOSES 9871. Authorization of appropriations. 9872. Allotments. 9873. Payments under allotments to States. 9874. Use of allotments. (a) Referral systems; information; contents. (b) School-age child care services; assurances; estimates. (c) Percentage of allotment; waiver. (d) Prohibition; use of amounts. (e) Federal share; cost of administration. (f) Duplication of services. (g) Technical assistance to States; planning and operational activities. 9875. Application and description of activities; requirements. (a) Applications. (b) Certifications. (c) Description; intended use of payments; comments; revision. (d) Application to Public Health Service Act. 9876. Report. 9877. Definitions. SUBCHAPTER V - COMPREHENSIVE CHILD DEVELOPMENT PROGRAM 9881 to 9887. Repealed. -End- -CITE- 42 USC SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 105 - COMMUNITY SERVICES PROGRAMS SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT -HEAD- SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT -COD- CODIFICATION Subchapter is based on subchapter A of chapter 8 of subtitle A of title VI of Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 489, as amended. -End- -CITE- 42 USC Sec. 9801 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 105 - COMMUNITY SERVICES PROGRAMS SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT -HEAD- Sec. 9801. Statement of purpose -STATUTE- The purpose of this subchapter is to encourage the development of special programs by which the residents of urban and rural low- income areas may, through self-help and mobilization of the community at large, with appropriate Federal assistance, improve the quality of their economic and social participation in community life in such a way as to contribute to the elimination of poverty and the establishment of permanent economic and social benefits. -SOURCE- (Pub. L. 97-35, title VI, Sec. 612, Aug. 13, 1981, 95 Stat. 489.) -MISC1- SHORT TITLE OF 1998 AMENDMENT Pub. L. 105-285, Sec. 1, Oct. 27, 1998, 112 Stat. 2702, provided that: "This Act [see Tables for classification] may be cited as the 'Community Opportunities, Accountability, and Training and Educational Services Act of 1998' or the 'Coats Human Services Reauthorization Act of 1998'." Pub. L. 105-285, title I, Sec. 101, Oct. 27, 1998, 112 Stat. 2703, provided that: "This title [enacting section 9837a of this title, amending sections 9831 to 9835, 9836 to 9837, 9838 to 9840a, 9843 to 9844, and 9846 of this title, and repealing sections 9852a and 9855 to 9855g of this title and provisions set out as a note under this section] may be cited as the 'Head Start Amendments of 1998'." SHORT TITLE OF 1996 AMENDMENT Pub. L. 104-193, title VI, Sec. 601(a), Aug. 22, 1996, 110 Stat. 2278, provided that: "This title [enacting section 618 of this title, amending sections 9858, 9858b to 9858e, 9858g to 9858j, 9858m, and 9858n of this title, repealing section 9858f of this title, enacting provisions set out as notes under section 9858 of this title, and amending provisions set out as a note below] may be cited as the 'Child Care and Development Block Grant Amendments of 1996'." SHORT TITLE OF 1994 AMENDMENT Pub. L. 103-252, Sec. 1, May 18, 1994, 108 Stat. 623, provided that: "This Act [see Tables for classification] may be cited as the 'Human Services Amendments of 1994'." Pub. L. 103-252, title I, Sec. 101(a), May 18, 1994, 108 Stat. 624, provided that: "This title [enacting sections 9836a, 9840a, 9843a, and 9852a of this title, transferring sections 3161 to 3161g of Title 20, Education, to sections 1235 to 1235g of Title 20, respectively, amending sections 1396r-5, 9832 to 9835, 9836, 9837, 9839, 9840, 9841, 9843, 9844, 9846, 9855a, 9871, and 10905 of this title and sections 1235, 1235a, and 1235c to 1235e of Title 20, repealing sections 9835a, 9845, 9846a, 9847, and 9881 to 9887 of this title, enacting provisions set out as notes under sections 9832, 9839, 9844, and 9881 of this title, and repealing provisions set out as notes under this section and section 9881 of this title] may be cited as the 'Head Start Act Amendments of 1994'." SHORT TITLE OF 1992 AMENDMENT Pub. L. 102-401, Sec. 1, Oct. 7, 1992, 106 Stat. 1956, provided that: "This Act [amending sections 9835 to 9839, 9846, 9846a, and 9858n of this title and enacting provisions set out as notes under sections 9835 and 9836 of this title] may be cited as the 'Head Start Improvement Act of 1992'." SHORT TITLE OF 1990 AMENDMENT Pub. L. 101-501, Sec. 1(a), Nov. 3, 1990, 104 Stat. 1222, provided that: "This Act [see Tables for classification] may be cited as the 'Augustus F. Hawkins Human Services Reauthorization Act of 1990'." Pub. L. 101-501, title I, Sec. 101, Nov. 3, 1990, 104 Stat. 1224, provided that: "This subtitle [subtitle A (Secs. 101-123) of title I of Pub. L. 101-501, enacting sections 9835a and 9846a of this title and amending sections 9831, 9832, 9834, 9835, 9836 to 9841, 9843 to 9846, 9847, and 9848 of this title] may be cited as the 'Head Start Expansion and Quality Improvement Act'." Pub. L. 101-501, title I, Sec. 131, Nov. 3, 1990, 104 Stat. 1238, provided that subtitle B (Secs. 131-140) of title I of Pub. L. 101- 501, enacting subchapter II-A of this chapter and amending section 9834 of this title, could be cited as the "Head Start Transition Project Act", prior to repeal by Pub. L. 105-285, title I, Sec. 119, Oct. 27, 1998, 112 Stat. 2728. SHORT TITLE OF 1989 AMENDMENT Pub. L. 101-120, Sec. 1, Oct. 23, 1989, 103 Stat. 700, provided that: "This Act [amending section 9834 of this title] may be cited as the 'Head Start Supplemental Authorization Act of 1989'." SHORT TITLE OF 1988 AMENDMENT Pub. L. 100-297, title II, Sec. 2501, Apr. 28, 1988, 102 Stat. 325, provided that part E (Secs. 2501-2504) of title II of Pub. L. 100-297, which enacted subchapter V of this chapter, amended section 9833 of this title, and enacted provisions set out as notes under this section and section 9881 of this title, could be cited as the "Comprehensive Child Development Centers Act of 1988", prior to repeal by Pub. L. 103-252, title I, Sec. 112(b)(1), (2)(A), May 18, 1994, 108 Stat. 640, 641. SHORT TITLE OF 1986 AMENDMENT Pub. L. 99-425, Sec. 1, Sept. 30, 1986, 100 Stat. 966, provided: "That this Act [enacting sections 8628a, 9812a, 9910b, and 10901 to 10905 of this title, amending sections 8621, 8623, 8624, 8629, 9803, 9834, 9835, 9837, 9840, 9862, 9867, 9871, 9874, 9877, 9901 to 9904, 9905a, 9908 to 9910, and 9910a of this title and section 4033 of Title 20, Education, enacting provisions set out as notes under this section and sections 8621, 8623, and 10901 of this title, and amending provisions set out as notes under section 9861 of this title and section 1932 of Title 7, Agriculture] may be cited as the 'Human Services Reauthorization Act of 1986'." SHORT TITLE OF 1984 AMENDMENT Pub. L. 98-558, Sec. 1, Oct. 30, 1984, 98 Stat. 2878, provided: "That this Act [enacting sections 9871 to 9877, 9905a, and 9910a of this title and sections 1070d-31 to 1070d-41, 1119d to 1119d-8, 1119e to 1119e-5, and 4201 to 4206 of Title 20, Education, amending sections 2991b, 2992b to 2992d, 6862, 6865, 8621 to 8624, 8626, 8627, 8629, 9832, 9834 to 9836, 9840, 9843, 9844, 9846, 9862, 9901, 9902, 9904, 9908, and 9910 of this title and section 4061 of Title 20, enacting provisions set out as notes under sections 2991, 8621, and 9904 of this title, and amending provisions set out as a note under section 9861 of this title] may be cited as the 'Human Services Reauthorization Act'." SHORT TITLE Section 611 of subchapter A (Secs. 611-633) of chapter 8 of subtitle A of title VI of Pub. L. 97-35 provided that: "This subchapter [enacting this subchapter] may be cited as the 'Community Economic Development Act of 1981'." Section 635 of subchapter B (Secs. 635-657) of chapter 8 of subtitle A of title VI of Pub. L. 97-35 provided that: "This subchapter [enacting subchapter II of this chapter] may be cited as the 'Head Start Act'." Section 658A(a) of subchapter C (Sec. 658A et seq.) of chapter 8 of subtitle A of title VI of Pub. L. 97-35, as added by Pub. L. 101- 508, title V, Sec. 5082(2), Nov. 5, 1990, 104 Stat. 1388-236, and amended by Pub. L. 102-401, Sec. 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102-586, Sec. 8(c)(1), Nov. 4, 1992, 106 Stat. 5036; Pub. L. 104-193, title VI, Sec. 602(2), Aug. 22, 1996, 110 Stat. 2279, provided that: "This subchapter [enacting subchapter II-B of this chapter] may be cited as the 'Child Care and Development Block Grant Act of 1990'." Section 661 of subchapter D [formerly C] (Secs. 661-670) of chapter 8 of subtitle A of title VI of Pub. L. 97-35, as renumbered by Pub. L. 101-508, title V, Sec. 5082(1), Nov. 5, 1990, 104 Stat. 1388-236, and amended by Pub. L. 102-401, Sec. 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102-586, Sec. 8(c)(1), Nov. 4, 1992, 106 Stat. 5036, provided that former subchapter III of this chapter could be cited as the "Follow Through Act", prior to repeal by Pub. L. 103-382, title III, Sec. 391(w), Oct. 20, 1994, 108 Stat. 4025. Section 670H of subchapter E [formerly D] (Secs. 670A-670H) of chapter 8 of subtitle A of title VI of Pub. L. 97-35, as added by Pub. L. 99-425, title III, Sec. 304, Sept. 30, 1986, 100 Stat. 968, renumbered by Pub. L. 101-508, title V, Sec. 5082(1), Nov. 5, 1990, 104 Stat. 1388-236, and amended by Pub. L. 102-401, Sec. 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102-586, Sec. 8(c)(1), Nov. 4, 1992, 106 Stat. 5036, provided that: "This subchapter [enacting subchapter IV of this chapter] may be cited as the 'State Dependent Care Development Grants Act'." Section 670M of subchapter F [formerly E] (Secs. 670M-670T) of chapter 8 of subtitle A of title VI of Pub. L. 97-35, as added by Pub. L. 100-297, title II, Sec. 2503, Apr. 28, 1988, 102 Stat. 325, renumbered by Pub. L. 101-508, title V, Sec. 5082(1), Nov. 5, 1990, 104 Stat. 1388-236, and amended by Pub. L. 102-401, Sec. 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102-586, Sec. 8(c)(1), Nov. 4, 1992, 106 Stat. 5036, provided that former subchapter V of this chapter could be cited as the "Comprehensive Child Development Act", prior to repeal by Pub. L. 103-252, title I, Sec. 112(b)(1), (2)(B), May 18, 1994, 108 Stat. 640, 641. INCONSISTENT LAWS SUPERSEDED DURING FISCAL YEARS 1982, 1983, AND 1984 Section 601 of subtitle A (Secs. 601-670) of title VI of Pub. L. 97-35 provided that: "(a) Any provision of law which is not consistent with the provisions of this subtitle hereby is superseded and shall have only such force and effect during each of the fiscal years 1982, 1983, and 1984 which is consistent with this subtitle. "(b) Notwithstanding any authorization of appropriations for fiscal year 1982, 1983, or 1984 contained in any provision of law which is specified in this subtitle, no funds are authorized to be appropriated in excess of the limitations imposed upon appropriations by the provisions of this subtitle." -End- -CITE- 42 USC Sec. 9802 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 105 - COMMUNITY SERVICES PROGRAMS SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT -HEAD- Sec. 9802. "Community development corporation" defined -STATUTE- For purposes of this subchapter, the term "community development corporation" means a nonprofit organization responsible to residents of the area it serves which is receiving financial assistance under part A of this subchapter and any organization more than 50 percent of which is owned by such an organization, or otherwise controlled by such an organization, or designated by such an organization for the purpose of this subchapter. -SOURCE- (Pub. L. 97-35, title VI, Sec. 613, Aug. 13, 1981, 95 Stat. 489.) -End- -CITE- 42 USC Sec. 9803 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 105 - COMMUNITY SERVICES PROGRAMS SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT -HEAD- Sec. 9803. Repealed. Pub. L. 105-285, title II, Sec. 202(b)(1), Oct. 27, 1998, 112 Stat. 2755 -MISC1- Section, Pub. L. 97-35, title VI, Sec. 614, Aug. 13, 1981, 95 Stat. 489; Pub. L. 99-425, title IV, Sec. 405(c)(3), Sept. 30, 1986, 100 Stat. 970, related to source of funds for carrying out this subchapter. -End- -CITE- 42 USC Sec. 9804 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 105 - COMMUNITY SERVICES PROGRAMS SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT -HEAD- Sec. 9804. Advisory Community Investment Board -STATUTE- (a) National Community Investment Board; functions, composition, etc. (1) The President is authorized to establish a National Advisory Community Investment Board (hereinafter in this section referred to as the "Investment Board"). Such Investment Board shall be composed of 15 members appointed, for staggered terms and without regard to the civil service laws, by the President, in consultation with the Secretary of Health and Human Services (hereinafter in this subchapter referred to as the "Secretary"). Such members shall be representative of the investment and business communities and appropriate fields of endeavor related to this subchapter. The Investment Board shall meet at the call of the chairperson, but not less often than 3 times each year. The Secretary and the administrator of community economic development programs shall be ex officio members of the Investment Board. (2) The Secretary shall carry out the provisions of this subchapter through an appropriate office. (b) Function The Investment Board shall promote cooperation between private investors and businesses and community development corporation projects through - (1) advising the Secretary and the community development corporations on ways to facilitate private investment; (2) advising businesses and other investors of opportunities in community development corporation projects; and (3) advising the Secretary, community development corporations, and private investors and businesses of ways in which they might engage in mutually beneficial efforts. (c) Local advisory community investment boards; establishment, composition, etc. The governing body of each Community Development Corporation may establish an advisory community investment board composed of not to exceed 15 members who shall be appointed by the governing body after consultation with appropriate local officials. Each such board shall promote cooperation between private investors and businesses and the governing body of the Community Development Corporation through - (1) advising the governing body on ways to facilitate private investors; (2) advising businesses and other investors of opportunities in Community Development Corporation projects; and (3) advising the governing body, private investors, and businesses of ways in which they might engage in mutually beneficial efforts. -SOURCE- (Pub. L. 97-35, title VI, Sec. 615, Aug. 13, 1981, 95 Stat. 489; Pub. L. 105-285, title II, Sec. 202(b)(2), Oct. 27, 1998, 112 Stat. 2755.) -REFTEXT- REFERENCES IN TEXT The civil service laws, referred to in subsec. (a)(1), are set forth in Title 5, Government Organization and Employees. See, particularly, section 3301 et seq. of Title 5. -MISC1- AMENDMENTS 1998 - Subsec. (a)(2). Pub. L. 105-285 substituted "through an appropriate office" for "through the Office of Community Services established in section 9905(a) of this title". TERMINATION OF ADVISORY BOARDS Advisory boards established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a board established by the President or an officer of the Federal Government, such board is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a board established by the Congress, its duration is otherwise provided for by law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, 776, set out in the Appendix to Title 5, Government Organization and Employees. -End- -CITE- 42 USC Part A - Urban and Rural Special Impact Programs 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 105 - COMMUNITY SERVICES PROGRAMS SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT Part A - Urban and Rural Special Impact Programs -HEAD- PART A - URBAN AND RURAL SPECIAL IMPACT PROGRAMS -End- -CITE- 42 USC Sec. 9805 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 105 - COMMUNITY SERVICES PROGRAMS SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT Part A - Urban and Rural Special Impact Programs -HEAD- Sec. 9805. Statement of purpose -STATUTE- The purpose of this part is to establish special programs of assistance to nonprofit private locally initiated community development corporations which (1) are directed to the solution of the critical problems existing in particular communities or neighborhoods (defined without regard to political or other subdivisions or boundaries) within those urban and rural areas having concentrations or substantial numbers of low-income persons; (2) are of sufficient size, scope, and duration to have an appreciable impact in such communities, neighborhoods, and rural areas in arresting tendencies toward dependency, chronic unemployment, and community deterioration; (3) hold forth the prospect of continuing to have such impact after the termination of financial assistance under this part; and (4) provide financial and other assistance to start, expand, or locate enterprises in or near the area to be served so as to provide employment and ownership opportunities for residents of such areas, including those who are disadvantaged in the labor market because of their limited speaking, reading, and writing abilities in the English language. -SOURCE- (Pub. L. 97-35, title VI, Sec. 616, Aug. 13, 1981, 95 Stat. 490.) -End- -CITE- 42 USC Sec. 9806 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 105 - COMMUNITY SERVICES PROGRAMS SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT Part A - Urban and Rural Special Impact Programs -HEAD- Sec. 9806. Establishment and scope of programs -STATUTE- (a) The Secretary is authorized to provide financial assistance in the form of grants to nonprofit and for profit community development corporations and other affiliated and supportive agencies and organizations associated with qualifying community development corporations for the payment of all or part of the cost of programs which are designed to carry out the purposes of this part. Financial assistance shall be provided so that each community economic development program is of sufficient size, scope, and duration to have an appreciable impact on the area served. Such programs may include - (1) community business and commercial development programs, including (A) programs which provide financial and other assistance (including equity capital) to start, expand, or locate businesses in or near the area served so as to provide employment and ownership opportunities for residents of such areas; and (B) programs for small businesses located in or owned by residents of such areas; (2) community physical development programs, including industrial parks and housing activities, which contribute to an improved environment and which create new training, employment and ownership opportunities for residents of such area; (3) training and public service employment programs and related services for unemployed or low-income persons which support and complement community development programs financed under this part, including, without limitation, activities such as the activities described in title I of the Workforce Investment Act of 1998 [29 U.S.C. 2801 et seq.]; and (4) social service programs which support and complement community business and commercial development programs financed under this part, including child care, educational services, health services, credit counseling, energy conservation, recreation services, and programs for the maintenance of housing facilities. (b) The Secretary shall conduct programs assisted under this part so as to contribute, on an equitable basis between urban and rural areas, to the elimination of poverty and the establishment of permanent economic and social benefits in such areas. -SOURCE- (Pub. L. 97-35, title VI, Sec. 617, Aug. 13, 1981, 95 Stat. 491; Pub. L. 105-277, div. A, Sec. 101(f) [title VIII, Sec. 405(d)(40), (f)(31)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-427, 2681-434.) -REFTEXT- REFERENCES IN TEXT The Workforce Investment Act of 1998, referred to in subsec. (a)(3), is Pub. L. 105-220, Aug. 7, 1998, 112 Stat. 936, as amended. Title I of the Act is classified principally to chapter 30 (Sec. 2801 et seq.) of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 9201 of Title 20, Education, and Tables. -MISC1- AMENDMENTS 1998 - Subsec. (a)(3). Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(f)(31)], struck out "the Job Training Partnership Act or" after "activities described in". Pub. L. 105-277, Sec. 101(f) [title VIII, Sec. 405(d)(40)], substituted "activities such as the activities described in the Job Training Partnership Act or title I of the Workforce Investment Act of 1998" for "activities such as those described in the Comprehensive Employment and Training Act". EFFECTIVE DATE OF 1998 AMENDMENT Amendment by section 101(f) [title VIII, Sec. 405(d)(40)] of Pub. L. 105-277 effective Oct. 21, 1998, and amendment by section 101(f) [title VIII, Sec. 405(f)(31)] of Pub. L. 105-277 effective July 1, 2000, see section 101(f) [title VIII, Sec. 405(g)(1), (2)(B)] of Pub. L. 105-277, set out as a note under section 3502 of Title 5, Government Organization and Employees. -End- -CITE- 42 USC Sec. 9807 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 105 - COMMUNITY SERVICES PROGRAMS SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT Part A - Urban and Rural Special Impact Programs -HEAD- Sec. 9807. Financial assistance requirements -STATUTE- (a) Conditions The Secretary, under such regulations as the Secretary may establish, shall not provide financial assistance for any community economic development program under this part unless the Secretary determines that - (1) such community development corporation is responsible to residents of the area served (A) through a governing body not less than 50 percent of the members of which are area residents; and (B) in accordance with such other guidelines as may be established by the Secretary, except that the composition of the governing bodies of organizations owned or controlled by the community development corporation need not be subject to such residency requirement; (2) the program will be appropriately coordinated with local planning under this subchapter with housing and community development programs, with employment and training programs, and with other relevant planning for physical and human resources in the areas served; (3) adequate technical assistance is made available and committed to the programs being supported; (4) such financial assistance will materially further the purposes of this part; (5) the applicant is fulfilling or will fulfill a need for services, supplies, or facilities which is otherwise not being met; (6) all projects and related facilities will, to the maximum feasible extent, be located in the areas served; (7) projects will, where feasible, promote the development of entrepreneurial and management skills and the ownership or participation in ownership of assisted businesses and housing, cooperatively or otherwise, by residents of the area served; (8) projects will be planned and carried out with the fullest possible participation of resident or local businessmen and representatives of financial institutions, including participation through contract, joint venture, partnership, stock ownership or membership on the governing boards or advisory councils of such projects consistent with the self-help purposes of this subchapter; (9) no participant will be employed on projects involving political parties, or the construction, operation, or maintenance of so much of any facility as is used or to be used for sectarian instruction or as a place for religious worship; (10) the program will not result in the displacement of employed workers or impair existing contracts for services, or result in the substitution of Federal or other funds in connection with work that would otherwise be performed; (11) the rates of pay for time spent in work training and education, and other conditions of employment, will be appropriate and reasonable in the light of such factors as the type of work, geographical region, and proficiency of the participant; (12) the program will, to the maximum extent feasible, contribute to the occupational development or upward mobility of individual participants; (13) preference will be given to low-income or economically disadvantaged residents of the areas served in filling jobs and training opportunities; and (14) training programs carried out in connection with projects financed under this part shall be designed wherever feasible to provide those persons who successfully complete such training with skills which are also in demand in communities, neighborhoods, or rural areas other than those for which programs are established under this part. (b) Relocations substantially increasing unemployment Financial assistance under this section shall not be extended to assist in the relocation of establishments from one location to another if such relocation would result in a substantial increase in unemployment in the area of original location. (c) Community economic development program; application; specification of goals Financial assistance for commercial development under this part shall not be extended until the community economic development program that has applied for assistance under this subchapter has specified in some detail its development goals and its development timetable. The Secretary, in providing continued financial assistance to a community economic development program, shall give serious consideration to the experience such program has had in meeting development goals or in adhering to development timetables. -SOURCE- (Pub. L. 97-35, title VI, Sec. 618, Aug. 13, 1981, 95 Stat. 491.) -End- -CITE- 42 USC Sec. 9808 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 105 - COMMUNITY SERVICES PROGRAMS SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT Part A - Urban and Rural Special Impact Programs -HEAD- Sec. 9808. Federal share; amount; availability; ownership of property acquired with Federal financial assistance -STATUTE- (a)(1) Assistance provided under this subchapter to any program described in section 9807(a) of this title shall not exceed 90 percent of the cost of such program, including costs of administration, unless the Secretary determines that the assistance in excess of such percentage is required in furtherance of the purposes of this subchapter. Non-Federal contributions may be in cash or in kind, fairly evaluated, including but not limited to plant, equipment, and services. (2) The assistance referred to in paragraph (1) shall be made available (A) for deposit to the order of grantees which have demonstrated successful program performance, under conditions which the Secretary deems appropriate, within 30 days following approval of the grant agreement by the Secretary and such grantee; or (B) whenever the Secretary deems appropriate, in accordance with applicable rules and regulations prescribed by the Secretary of the Treasury, and including any other conditions which the Secretary of Health and Human Services deems appropriate, within 30 days following approval of the grant agreement by the Secretary and such grantee. (b) Property acquired as a result of capital investments made by any community development corporation with funds granted as its Federal share of the cost of programs carried out under this subchapter, and the proceeds from such property, shall become the property of the community development corporation and shall not be considered to be Federal property. The Federal Government retains the right to direct that on severance of the grant relationship the assets purchased with grant funds shall continue to be used for the original purpose for which they were granted. -SOURCE- (Pub. L. 97-35, title VI, Sec. 619, Aug. 13, 1981, 95 Stat. 493.) -End- -CITE- 42 USC Part B - Special Rural Programs 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 105 - COMMUNITY SERVICES PROGRAMS SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT Part B - Special Rural Programs -HEAD- PART B - SPECIAL RURAL PROGRAMS -End- -CITE- 42 USC Sec. 9809 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 105 - COMMUNITY SERVICES PROGRAMS SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT Part B - Special Rural Programs -HEAD- Sec. 9809. Statement of purpose -STATUTE- It is the purpose of this part to meet the special economic needs of rural communities or areas with concentrations or substantial numbers of low-income persons by providing support to self-help programs which promote economic development and independence, as a supplement to existing similar programs conducted by other departments and agencies of the Federal Government. Such programs should encourage low-income families to pool their talents and resources so as to create and expand rural economic enterprise. -SOURCE- (Pub. L. 97-35, title VI, Sec. 620, Aug. 13, 1981, 95 Stat. 493.) -End- -CITE- 42 USC Sec. 9810 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 105 - COMMUNITY SERVICES PROGRAMS SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT Part B - Special Rural Programs -HEAD- Sec. 9810. Financial assistance to low-income families, local cooperative associations, and local public or private nonprofit organizations or entities; amount, purposes, etc. -STATUTE- (a) The Secretary is authorized to provide financial assistance, including loans having a maximum maturity of fifteen years and in amounts not resulting in an aggregate principal indebtedness of more than $3,500 at any one time, to any low-income rural family where, in the judgment of the Secretary, such financial assistance has a reasonable possibility of effecting a permanent increase in the income of such families, or will contribute to the improvement of their living or housing conditions, by assisting or permitting them to - (1) acquire or improve real estate or reduce encumbrances or erect improvements thereon; (2) operate or improve the operation of farms not larger than family sized, including but not limited to the purchase of feed, seed, fertilizer, livestock, poultry, and equipment; or (3) participate in cooperative associations, or finance nonagricultral (!1) enterprises which will enable such families to supplement their income. (b) The Secretary is authorized to provide financial assistance to local cooperative associations or local public and private nonprofit organizations or agencies in rural areas containing concentrations or substantial numbers of low-income persons for the purpose of defraying all or part of the costs of establishing and operating cooperative programs for farming, purchasing, marketing, processing, and to improve their income as producers and their purchasing power as consumers, and to provide such essentials as credit and health services. Costs which may be defrayed shall include - (1) administrative costs of staff and overhead; (2) costs of planning and developing new enterprises; (3) costs of acquiring technical assistance; and (4) initial capital where it is determined by the Secretary that the poverty of the families participating in the program and the social conditions of the rural area require such assistance. -SOURCE- (Pub. L. 97-35, title VI, Sec. 621, Aug. 13, 1981, 95 Stat. 493.) -FOOTNOTE- (!1) So in original. Probably should be "nonagricultural". -End- -CITE- 42 USC Sec. 9811 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 105 - COMMUNITY SERVICES PROGRAMS SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT Part B - Special Rural Programs -HEAD- Sec. 9811. Limitation on assistance -STATUTE- No financial assistance shall be provided under this part unless the Secretary determines that - (1) any cooperative association receiving assistance has a minimum of fifteen active members, a majority of which are low- income rural persons; (2) adequate technical assistance is made available and committed to the programs being supported; (3) such financial assistance will materially further the purposes of this part; and (4) the applicant is fulfilling or will fulfill a need for services, supplies, or facilities which is otherwise not being met. -SOURCE- (Pub. L. 97-35, title VI, Sec. 622, Aug. 13, 1981, 95 Stat. 494.) -End- -CITE- 42 USC Part C - Development Loans to Community Economic Development Programs 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 105 - COMMUNITY SERVICES PROGRAMS SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT Part C - Development Loans to Community Economic Development Programs -HEAD- PART C - DEVELOPMENT LOANS TO COMMUNITY ECONOMIC DEVELOPMENT PROGRAMS -End- -CITE- 42 USC Sec. 9812 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 105 - COMMUNITY SERVICES PROGRAMS SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT Part C - Development Loans to Community Economic Development Programs -HEAD- Sec. 9812. Development loan fund -STATUTE- (a) Authorities, scope, and purposes; conditions; interest rate; repayment The Secretary is authorized to make or guarantee loans (either directly or in cooperation with banks or other organizations through agreements to participate on an immediate or deferred basis) to community development corporations, to families and local cooperatives and the designated supportive organizations of cooperatives eligible for financial assistance under this subchapter, to private nonprofit organizations receiving assistance under chapter 106 of this title, or to public and private nonprofit organizations or agencies, for business facilities and community development projects, including community development credit unions, which the Secretary determines will carry out the purposes of this part. No loans, guarantees, or other financial assistance shall be provided under this section unless the Secretary determines that - (1) there is reasonable assurance of repayment of the loan; (2) the loan is not otherwise available on reasonable terms from private sources or other Federal, State, or local programs; and (3) the amount of the loan, together with other funds available, is adequate to assure completion of the project or achievement of the purposes for which the loan is made. Loans made by the Secretary pursuant to this section shall bear interest at a rate not less than a rate determined by the Secretary of the Treasury taking into consideration the average market yield on outstanding Treasury obligations of comparable maturity, plus such additional charge, if any, toward covering other costs of the program as the Secretary of Health and Human Services may determine to be consistent with its purposes, except that, for the 5 years following the date in which funds are initially available to the borrower, the rate of interest shall be set at a rate considered appropriate by the Secretary in light of the particular needs of the borrower, which rate shall not be lower than 1 percent. All such loans shall be repayable within a period of not more than 30 years. (b) Adjustment of interest rates, moratorium on principal and interest, etc. The Secretary is authorized to adjust interest rates, grant moratoriums on repayment of principal and interest, collect or compromise any obligations held by the Secretary, and to take such other actions in respect to such loans as the Secretary shall determine to be necessary or appropriate, consistent with the purposes of this section. (c) Establishment, funding, etc. (1) To carry out the lending and guaranty functions authorized under this part, there shall be established a Development Loan Fund consisting of two separate accounts, one of which shall be a revolving fund called the Rural Development Loan Fund and the other of which shall be a revolving fund called the Community Development Loan Fund. The capital of each such revolving fund shall remain available until expended. (2) The Rural Development Loan Fund shall consist of the remaining funds provided for in part A of title III of the Economic Opportunity Act of 1964 [42 U.S.C. 2841 et seq.], as in effect on September 19, 1972, and such amounts as may be deposited in such fund by the Secretary out of funds made available from appropriations for purposes of carrying out this part. The Secretary shall utilize the services of the Farmers Home Administration,(!1) or the Rural Development Administration in administering such fund. (3) The Community Development Loan Fund shall consist of such amounts as may be deposited in such fund by the Secretary out of funds made available from appropriations for purposes of carrying out this subchapter. The Secretary may make deposits in the Community Development Loan Fund in any fiscal year in which the Secretary has made available for grants to community development corporations under this subchapter not less than $60,000,000 out of funds made available from appropriations for purposes of carrying out this subchapter. -SOURCE- (Pub. L. 97-35, title VI, Sec. 623, Aug. 13, 1981, 95 Stat. 494; Pub. L. 101-624, title XXIII, Sec. 2303(f)(1), Nov. 28, 1990, 104 Stat. 3981.) -REFTEXT- REFERENCES IN TEXT Chapter 106 of this title, referred to in subsec. (a), was in the original "subtitle B of this title", meaning subtitle B (Sec. 671 et seq.) of title VI of Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 511, as amended, known as the Community Services Block Grant Act, which is classified generally to chapter 106 (Sec. 9901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 9901 of this title and Tables. The Economic Opportunity Act of 1964, referred to in subsec. (c)(2), is Pub. L. 88-452, Aug. 20, 1964, 78 Stat. 508, as amended. Part A of title III of the Economic Opportunity Act of 1964 was classified generally to part A (Sec. 2841 et seq.) of subchapter III of chapter 34 of this title prior to repeal by Pub. L. 97-35, title VI, Sec. 683(a), Aug. 13, 1981, 95 Stat. 519. For complete classification of this Act to the Code, see Tables. -MISC1- AMENDMENTS 1990 - Subsec. (c)(2). Pub. L. 101-624 inserted ", or the Rural Development Administration" after "Farmers Home Administration". -TRANS- TRANSFER OF FUNCTIONS Functions relating to administration of Community Development Credit Union Revolving Loan Fund transferred from Secretary of Health and Human Services to National Credit Union Administration Board by Pub. L. 99-609, set out as a note under section 9822 of this title. -FOOTNOTE- (!1) So in original. The comma probably should not appear. -End- -CITE- 42 USC Sec. 9812a 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 105 - COMMUNITY SERVICES PROGRAMS SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT Part C - Development Loans to Community Economic Development Programs -HEAD- Sec. 9812a. Interest rates payable on certain rural development loans; assignment of loan contracts -STATUTE- (a) Modification of interest rates Notwithstanding any other provision of law - (1) any outstanding loan made after December 31, 1982, by the Secretary of Health and Human Services; or (2) any loan made after September 30, 1986; with moneys from the Rural Development Loan Fund established by section 9812(c)(1) of this title or with funds available (before October 27, 1998) under section 9910(a) of this title (as in effect before October 27, 1998) to an intermediary borrower shall bear interest at a fixed rate equal to the rate of interest that was in effect on the date of issuance for loans made in 1980 with such moneys or such funds if the weighted average rate of interest for all loans made after December 31, 1982, by such intermediary borrower with such moneys or such funds does not exceed the sum of 6 percent and the rate of interest payable under this subsection by such intermediary borrower. (b) Assignment of certain loan contracts Any contract for a loan made during the period beginning on December 31, 1982, and ending on September 30, 1986, with - (1) moneys from the Rural Development Loan Fund established by section 9812(c)(1) of this title; or (2) funds available (before October 27, 1998) under section 9910(a) of this title (as in effect before October 27, 1998); to an intermediary borrower that is a county government may be assigned by such borrower to an entity to which such loan could have been made for the purpose for which such contract was made. Any entity to which such contract is so assigned shall be substituted as a party to such contract and shall be obligated to carry out such contract and the purpose for which such contract was made. -SOURCE- (Pub. L. 99-425, title IV, Sec. 407(a), (b), Sept. 30, 1986, 100 Stat. 971; Pub. L. 105-285, title II, Sec. 202(c), Oct. 27, 1998, 112 Stat. 2755.) -REFTEXT- REFERENCES IN TEXT Section 9910 of this title, referred to in subsecs. (a) and (b)(2), was in the original a reference to section 681 of Pub. L. 97-35. Section 681 of Pub. L. 97-35 was omitted, and a new section 681 enacted, in the general amendment of chapter 106 of this title by Pub. L. 105-285, title II, Sec. 201, Oct. 27, 1998, 112 Stat. 2728. The new section 681 is classified to section 9922 of this title. -COD- CODIFICATION Section was enacted as part of the Human Services Reauthorization Act of 1986, and not as part of the Community Economic Development Act of 1981 which comprises this subchapter. -MISC1- AMENDMENTS 1998 - Subsec. (a). Pub. L. 105-285, Sec. 202(c)(1), in concluding provisions, inserted "(before October 27, 1998)" after "funds available" and "(as in effect before October 27, 1998)" after "9910(a) of this title". Subsec. (b)(2). Pub. L. 105-285, Sec. 202(c)(2), inserted "(before October 27, 1998)" after "funds available" and "(as in effect before October 27, 1998)" after "9910(a) of this title". EFFECTIVE DATE Section effective Oct. 1, 1986, see section 1001 of Pub. L. 99- 425, set out as an Effective Date of 1986 Amendment note under section 8621 of this title. TRANSFER OF LOAN BY UTAH OR OHIO LOCAL PUBLIC BODY TO NONPROFIT CORPORATION Pub. L. 99-500, Sec. 101(a) [title VI, Sec. 640], Oct. 18, 1986, 100 Stat. 1783, 1783-35, and Pub. L. 99-591, Sec. 101(a) [title VI, Sec. 640], Oct. 30, 1986, 100 Stat. 3341, 3341-35, purported to amend section 623B(b)(2) of the Community Economic Development Act of 1981, a nonexistent section of that Act (Pub. L. 99-35, title VI, Sec. 611 et seq.), by adding at the end thereof the following new sentence: "Notwithstanding any other provision of law, any Utah or Ohio local public body to which a loan was made after December 31, 1982, from the Rural Development Loan Fund may, at the discretion of such local public body and with the approval of the Secretary of Health and Human Services, transfer such loan to a nonprofit corporation designated by such body to serve as an intermediate borrower and to carry out the purposes of the loan." -End- -CITE- 42 USC Sec. 9813 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 105 - COMMUNITY SERVICES PROGRAMS SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT Part C - Development Loans to Community Economic Development Programs -HEAD- Sec. 9813. Model Community Economic Development Finance Corporation; establishment; functions -STATUTE- To the extent he deems appropriate, the Secretary shall utilize funds available under this part to prepare a plan of action for the establishment of a Model Community Economic Development Finance Corporation to provide a user-controlled independent and professionally operated long-term financing vehicle with the principal purpose of providing financial support for community economic development corporations, cooperatives, other affiliated and supportive agencies and organizations associated with community economic development corporations, and other entities eligible for assistance under this subchapter. -SOURCE- (Pub. L. 97-35, title VI, Sec. 624, Aug. 13, 1981, 95 Stat. 495.) -End- -CITE- 42 USC Part D - Supportive Programs and Activities 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 105 - COMMUNITY SERVICES PROGRAMS SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT Part D - Supportive Programs and Activities -HEAD- PART D - SUPPORTIVE PROGRAMS AND ACTIVITIES -End- -CITE- 42 USC Sec. 9814 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 105 - COMMUNITY SERVICES PROGRAMS SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT Part D - Supportive Programs and Activities -HEAD- Sec. 9814. Training and technical assistance -STATUTE- (a) Grants, contracts, and other arrangements; preconditions The Secretary shall provide, directly or through grants, contracts, or other arrangements, such technical assistance and training of personnel as may be required to effectively implement the purposes of this subchapter. No financial assistance shall be provided to any public or private organization under this section unless the Secretary provides the beneficiaries of these services with opportunity to participate in the selection of and to review the quality and utility of the services furnished them by such organization. (b) Technical assistance to community development corporations and urban and rural cooperatives Technical assistance to community development corporations and both urban and rural cooperatives may include planning, management, legal assistance or support, preparation of feasibility studies, product development, marketing, and the provision of stipends to encourage skilled professionals to engage in full-time activities under the direction of a community organization financially assisted under this subchapter. (c) Training for employees of community development corporations and employees and members of urban and rural cooperatives Training for employees of community development corporations and for employees and members of urban and rural cooperatives shall include on-the-job training, classroom instruction, and scholarships to assist them in development, managerial, entrepreneurial, planning, and other technical and organizational skills which will contribute to the effectiveness of programs assisted under this subchapter. -SOURCE- (Pub. L. 97-35, title VI, Sec. 625, Aug. 13, 1981, 95 Stat. 496.) -End- -CITE- 42 USC Sec. 9815 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 105 - COMMUNITY SERVICES PROGRAMS SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT Part D - Supportive Programs and Activities -HEAD- Sec. 9815. Small Business Administration and Department of Commerce economic development programs; regulations -STATUTE- (a)(1) Funds granted under this subchapter which are invested directly or indirectly, in a small investment company, local development company, limited small business investment company, or small business investment company licensee under section 681(d) (!1) of title 15 shall be included as "private paid-in capital and paid-in surplus", "combined paid-in capital and paid-in surplus", and "paid-in capital" for purposes of sections 682, 683, and 696, respectively, of title 15. (2) Not later than 90 days after August 13, 1981, the Administrator of the Small Business Administration, after consultation with the Secretary, shall promulgate regulations to ensure the availability to community development corporations of such programs as shall further the purposes of this subchapter, including programs under section 637(a) of title 15. (b)(1) Areas selected for assistance under this subchapter shall be deemed "redevelopment areas" within the meaning of section 401 of the Publc (!2) Works and Economic Development Act of 1965,(!1) shall qualify for assistance under the provisions of title I and title II of such Act, and shall be deemed to have met the overall economic development program requirements of section 202(b)(10) of such Act. (2) Not later than 90 days after August 13, 1981, the Secretary of Commerce shall prescribe regulations which will ensure that community development corporations and cooperatives shall qualify for assistance and shall be eligible to receive such assistance under all such programs of the Economic Development Administration as shall further the purposes of this subchapter. -SOURCE- (Pub. L. 97-35, title VI, Sec. 626, Aug. 13, 1981, 95 Stat. 496.) -REFTEXT- REFERENCES IN TEXT Section 681(d) of title 15, referred to in subsec. (a)(1), was repealed by Pub. L. 104-208, div. D, title II, Sec. 208(b)(3)(A), Sept. 30, 1996, 110 Stat. 3009-742. The Public Works and Economic Development Act of 1965, referred to in subsec. (b)(1), is Pub. L. 89-136, Aug. 26, 1965, 79 Stat. 552, as amended. Titles I to VI of the Act of 1965 were repealed and new titles I to VI were enacted by Pub. L. 105-393, title I, Sec. 102(a), Nov. 13, 1998, 112 Stat. 3597. As so enacted, section 401 of the Act no longer defines "redevelopment areas" and section 202 of the Act no longer contains a subsec. (b). For complete classification of this Act to the Code, see Short Title note set out under section 3121 of this title and Tables. -FOOTNOTE- (!1) See References in Text note below. (!2) So in original. Probably should be "Public". -End- -CITE- 42 USC Sec. 9816 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 105 - COMMUNITY SERVICES PROGRAMS SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT Part D - Supportive Programs and Activities -HEAD- Sec. 9816. Department of Housing and Urban Development programs -STATUTE- The Secretary of Housing and Urban Development, after consultation with the Secretary, shall take all necessary steps to assist community development corporations and local cooperative associations to qualify for and receive (1) such assistance in connection with technical assistance, counseling to tenants and homeowners, and loans to sponsors of low-income and moderate-income housing under section 106 of the Housing and Urban Development Act of 1968 [12 U.S.C. 1701x], as amended by section 811 of the Housing and Community Development Act of 1974; (2) such land for housing and business location and expansion under title I of the Housing and Community Development Act of 1974 [42 U.S.C. 5301 et seq.]; and (3) such funds for comprehensive planning under section 701 of the Housing Act of 1954,(!1) as amended by section 401 of the Housing and Community Development Act of 1974, as shall further the purposes of this subchapter. -SOURCE- (Pub. L. 97-35, title VI, Sec. 627, Aug. 13, 1981, 95 Stat. 497.) -REFTEXT- REFERENCES IN TEXT Section 811 of the Housing and Community Development Act of 1974, referred to in text, is section 811 of Pub. L. 93-383, title VIII, Aug. 22, 1974, 88 Stat. 735, which amended section 1701x of Title 12, Banks and Banking. The Housing and Community Development Act of 1974, referred to in text, is Pub. L. 93-383, Aug. 22, 1974, 88 Stat. 633, as amended. Title I of the Housing and Community Development Act of 1974 is classified principally to chapter 69 (Sec. 5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables. Section 701 of the Housing Act of 1954, referred to in text, is section 701 of act Aug. 2, 1954, ch. 649, 68 Stat. 640, as amended, which was classified to section 461 of former Title 40, Public Buildings, Property, and Works, and was repealed by Pub. L. 97-35, title III, 313(b), Aug. 13, 1981, 95 Stat. 398. Section 401 of the Housing and Community Development Act of 1974, referred to in text, is section 401 of Pub. L. 93-383, title IV, Aug. 22, 1974, 88 Stat. 686, subsecs. (a) and (b) of which amended section 461 of former Title 40, Public Buildings, Property, and Works, prior to its repeal by Pub. L. 97-35, and subsec. (c) of which amended section 460 of former Title 40. -MISC1- CAPACITY BUILDING FOR COMMUNITY DEVELOPMENT AND AFFORDABLE HOUSING Pub. L. 103-120, Sec. 4, Oct. 27, 1993, 107 Stat. 1148, as amended by Pub. L. 105-18, title II, Sec. 10004, June 12, 1997, 111 Stat. 201, provided that: "(a) In General. - The Secretary is authorized to provide assistance through the National Community Development Initiative, Local Initiatives Support Corporation, The Enterprise Foundation, Habitat for Humanity, and Youthbuild USA to develop the capacity and ability of community development corporations and community housing development organizations to undertake community development and affordable housing projects and programs. "(b) Form of Assistance. - Assistance under this section may be used for - "(1) training, education, support, and advice to enhance the technical and administrative capabilities of community development corporations and community housing development organizations; "(2) loans, grants, or predevelopment assistance to community development corporations and community housing development organizations to carry out community development and affordable housing activities that benefit low-income families; and "(3) such other activities as may be determined by the National Community Development Initiative, Local Initiatives Support Corporation, The Enterprise Foundation, Habitat for Humanity, and Youthbuild USA in consultation with the Secretary. "(c) Matching Requirement. - Assistance provided under this section shall be matched from private sources in an amount equal to 3 times the amount made available under this section. "(d) Implementation. - The Secretary shall by notice establish such requirements as may be necessary to carry out the provisions of this section. The notice shall take effect upon issuance. "(e) Authorization. - There are authorized to be appropriated $25,000,000 for fiscal year 1994 to carry out this section." -FOOTNOTE- (!1) See References in Text note below. -End- -CITE- 42 USC Sec. 9817 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 105 - COMMUNITY SERVICES PROGRAMS SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT Part D - Supportive Programs and Activities -HEAD- Sec. 9817. Department of Agriculture; Rural Development Administration programs -STATUTE- The Secretary of Agriculture or, where appropriate, the Administrator of the Farmers Home Administration, or of the Rural Development Administration, after consultation with the Secretary of Health and Human Services, shall take all necessary steps to ensure that community development corporations and local cooperative associations shall qualify for and shall receive - (1) such assistance in connection with housing development under the Housing Act of 1949, as amended [42 U.S.C. 1441 et seq.]; (2) such assistance in connection with housing, business, industrial, and community development under the Consolidated Farmers Home Administration Act of 1961 [7 U.S.C. 1921 et seq.] and the Rural Development Act of 1972; and (3) such further assistance under all such programs of the United States Department of Agriculture; as shall further the purposes of this subchapter. -SOURCE- (Pub. L. 97-35, title VI, Sec. 628, Aug. 13, 1981, 95 Stat. 497; Pub. L. 101-624, title XXIII, Sec. 2303(f)(2), Nov. 28, 1990, 104 Stat. 3981.) -REFTEXT- REFERENCES IN TEXT The Housing Act of 1949, referred to in par. (1), is act July 15, 1949, ch. 338, 63 Stat. 413, as amended, which is classified principally to chapter 8A (Sec. 1441 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1441 of this title and Tables. The Consolidated Farmers Home Administration Act of 1961, referred to in par. (2), is title III of Pub. L. 87-128, Aug. 8, 1961, 75 Stat. 307, as amended, which was redesignated the Consolidated Farm and Rural Development Act by Pub. L. 92-419, Sec. 101, Aug. 30, 1972, 86 Stat. 657, and is classified principally to chapter 50 (Sec. 1921 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 1921 of Title 7 and Tables. The Rural Development Act of 1972, referred to in par. (2), is Pub. L. 92-419, Aug. 30, 1972, 86 Stat. 657, as amended. For complete classification of this Act to the Code, see Short Title of 1972 Amendment note set out under section 1921 of Title 7. -MISC1- AMENDMENTS 1990 - Pub. L. 101-624 substituted "Department of Agriculture; Rural Development Administration programs" for "Department of Agriculture and Farmers Home Administration programs" in section catchline and inserted ", or of the Rural Development Administration" after "of the Farmers Home Administration" in text. -End- -CITE- 42 USC Sec. 9818 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 105 - COMMUNITY SERVICES PROGRAMS SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT Part D - Supportive Programs and Activities -HEAD- Sec. 9818. Coordination and eligibility -STATUTE- (a) The Secretary shall take all necessary and appropriate steps to encourage Federal departments and agencies and State and local governments to make grants, provide technical assistance, enter into contracts, and generally support and cooperate with community development corporations and local cooperative associations. (b) Eligibility for assistance under other Federal programs shall not be denied to any applicant on the ground that it is a community development corporation or any other entity assisted under this subchapter. -SOURCE- (Pub. L. 97-35, title VI, Sec. 629, Aug. 13, 1981, 95 Stat. 497.) -End- -CITE- 42 USC Sec. 9819 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 105 - COMMUNITY SERVICES PROGRAMS SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT Part D - Supportive Programs and Activities -HEAD- Sec. 9819. Evaluation of programs; implementation and funding, etc.; research and demonstration projects; implementation and purposes -STATUTE- (a) Each program for which grants are made under this subchapter shall provide for a thorough evaluation of the effectiveness of the program in achieving its purposes, which evaluation shall be conducted by such public or private organizations as the Secretary in consultation with existing grantees familiar with programs carried out under the Community Services Block Grant Act [42 U.S.C. 9901 et seq.] may designate, and all or part of the costs of evaluation may be paid from funds appropriated to carry out this part. In evaluating the performance of any community development corporation funded under part A of this subchapter, the criteria for evaluation shall be based upon such program objectives, goals, and priorities as are consistent with the purposes of this subchapter and were set forth by such community development corporation in its proposal for funding as approved and agreed upon by or as subsequently modified from time to time by mutual agreement between the Secretary and such community development corporation. (b) The Secretary shall conduct, either directly or through grants or other arrangements, research and demonstration projects designed to suggest new programs and policies to achieve the purposes of this subchapter in such ways as to provide opportunities for employment, ownership, and a better quality of life for low-income residents. -SOURCE- (Pub. L. 97-35, title VI, Sec. 630, Aug. 13, 1981, 95 Stat. 497.) -REFTEXT- REFERENCES IN TEXT The Community Services Block Grant Act, referred to in subsec. (a), is subtitle B (Sec. 671 et seq.) of title VI of Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 511, as amended, which is classified generally to chapter 106 (Sec. 9901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 9901 of this title and Tables. -End- -CITE- 42 USC Sec. 9820 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 105 - COMMUNITY SERVICES PROGRAMS SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT Part D - Supportive Programs and Activities -HEAD- Sec. 9820. Grants to plan economic development and cooperative programs -STATUTE- In order to facilitate the purposes of this subchapter, the Secretary is authorized to provide financial assistance to any public or private nonprofit agency or organization for planning of community economic development programs and cooperative programs under this subchapter. -SOURCE- (Pub. L. 97-35, title VI, Sec. 631, Aug. 13, 1981, 95 Stat. 498.) -End- -CITE- 42 USC Sec. 9821 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 105 - COMMUNITY SERVICES PROGRAMS SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT Part D - Supportive Programs and Activities -HEAD- Sec. 9821. Nondiscrimination provisions -STATUTE- (a) The Secretary shall not provide financial assistance for any program, project, or activity under this subchapter unless the grant or contract with respect thereto specifically provides that no person with responsibilities in the operation thereof will discriminate with respect to any such program, project, or activity because of race, creed, color, national origin, sex, political affiliation, or beliefs. (b) No person in the United States shall on the ground of sex be excluded from participation in, be denied the benefits of, be subjected to discrimination under, or be denied employment in connection with any program or activity receiving assistance under this subchapter. The Secretary shall enforce the provisions of the preceding sentence in accordance with section 2000d-1 of this title. Section 2000d-2 of this title shall apply with respect to any action taken by the Secretary to enforce such sentence. This section shall not be construed as affecting any other legal remedy that a person may have if such person is excluded from participation in, denied the benefits of, subjected to discrimination under, or denied employment in connection with, any program, project, or activity receiving assistance under this subchapter. -SOURCE- (Pub. L. 97-35, title VI, Sec. 632, Aug. 13, 1981, 95 Stat. 498.) -End- -CITE- 42 USC Sec. 9822 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 105 - COMMUNITY SERVICES PROGRAMS SUBCHAPTER I - COMMUNITY ECONOMIC DEVELOPMENT Part D - Supportive Programs and Activities -HEAD- Sec. 9822. Availability of certain appropriated funds -STATUTE- Funds appropriated to the Rural Development Loan Fund under title VII of the Economic Opportunity Act of 1964 [42 U.S.C. 2981 et seq.] (as in effect on August 12, 1981), and interest accumulated in such fund, shall be deposited in the Rural Development Loan Fund established under section 9812(c)(1) of this title and shall continue to be available to carry out the purposes of such fund. Funds appropriated to the Community Development Credit Union Revolving Loan Fund under title VII of the Economic Opportunity Act of 1964 (as in effect on August 12, 1981), and interest accumulated in such fund, shall continue to be available to carry out the purposes of such fund. -SOURCE- (Pub. L. 97-35, title VI, Sec. 633, Aug. 13, 1981, 95 Stat. 498.) -REFTEXT- REFERENCES IN TEXT The Economic Opportunity Act of 1964, referred to in text, is Pub. L. 88-452, Aug. 20, 1964, 78 Stat. 508, as amended. Title VII of the Economic Opportunity Act of 1964 was classified generally to subchapter VII (Sec. 2981 et seq.) of chapter 34 of this title, prior to repeal by Pub. L. 97-35, title VI, Sec. 683(a), Aug. 13, 1981, 95 Stat. 519. For complete classification of this Act to the Code, see Tables. -COD- CODIFICATION "August 12, 1981" substituted in text for "the day before the date of the enactment of this Act". -MISC1- TRANSFER OF COMMUNITY DEVELOPMENT CREDIT UNION REVOLVING LOAN FUND Pub. L. 99-609, Nov. 6, 1986, 100 Stat. 3475, provided that: "SECTION 1. SHORT TITLE. "This Act may be cited as the 'Community Development Credit Union Revolving Loan Fund Transfer Act'. "SEC. 2. TRANSFER OF COMMUNITY DEVELOPMENT CREDIT UNION REVOLVING LOAN FUND. "(a) Administration of Fund by NCUA. - "(1) In general. - Beginning on the date of the enactment of this Act [Nov. 6, 1986], the National Credit Union Administration Board shall administer the Community Development Credit Union Revolving Loan Fund. "(2) Transfer of authority. - All authority to carry out the purposes of the Fund and to prescribe regulations in connection with the administration of the Fund which, on the day before the date of the enactment of this Act, was vested in the Secretary of Health and Human Services shall vest on such date in the Board. Except as provided in subsection (c), the Secretary shall have no further responsibility with respect to the Fund. "(b) Continued Availability of Appropriated Funds. - All funds appropriated to the Fund and interest accumulated in the Fund which continue to be available under section 633 of the Omnibus Budget Reconciliation Act of 1981 [42 U.S.C. 9822] shall continue to be available to the Board to carry out the purposes of the Fund. "(c) Transfer of Assets; Etc. - The Secretary shall transfer to the National Credit Union Administration all assets, liabilities, grants, contracts, property, records, and funds held, used, arising from, or available to the Secretary in connection with the administration of the Fund before the end of the 60-day period beginning on the date of the enactment of this Act [Nov. 6, 1986]. "(d) Savings Provisions. - "(1) Regulations. - Any regulations prescribed by the Secretary in connection with the administration of the Fund shall continue in effect until superseded by regulations prescribed by the Board. "(2) Existing rights, duties, and obligations not affected. - Subsection (a) shall not be construed as affecting the validity of any right, duty, or obligation of the United States or any other person arising under or pursuant to any contract, loan, or other instrument or agreement which was in effect on the day before the date of the enactment of this Act [Nov. 6, 1986]. "(3) Continuation of suits. - No action or other proceeding commenced by or against the Secretary in connection with the administration of the Fund shall abate by reason of the enactment of this Act, except that the Board shall be substituted for the Secretary as a party to any such action or proceeding. "(e) Definitions. - For purposes of this section - "(1) Board. - The term 'Board' means the National Credit Union Administration Board. "(2) Fund. - The term 'Fund' means the Community Development Credit Union Revolving Loan Fund established under title VII of the Economic Opportunity Act of 1964 [see References in Text note above] (as in effect before the date of the enactment of the Omnibus Budget Reconciliation Act of 1981 [Aug. 13, 1981]). "(3) Secretary. - The term 'Secretary' means the Secretary of Health and Human Services." -End- -CITE- 42 USC SUBCHAPTER II - HEAD START PROGRAMS 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 105 - COMMUNITY SERVICES PROGRAMS SUBCHAPTER II - HEAD START PROGRAMS -HEAD- SUBCHAPTER II - HEAD START PROGRAMS -COD- CODIFICATION Subchapter is based on subchapter B of chapter 8 of subtitle A of title VI of Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 499, as amended. -End- -CITE- 42 USC Sec. 9831 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 105 - COMMUNITY SERVICES PROGRAMS SUBCHAPTER II - HEAD START PROGRAMS -HEAD- Sec. 9831. Statement of purpose -STATUTE- It is the purpose of this subchapter to promote school readiness by enhancing the social and cognitive development of low-income children through the provision, to low-income children and their families, of health, educational, nutritional, social, and other services that are determined, based on family needs assessments, to be necessary. -SOURCE- (Pub. L. 97-35, title VI, Sec. 636, Aug. 13, 1981, 95 Stat. 499; Pub. L. 101-501, title I, Sec. 102, Nov. 3, 1990, 104 Stat. 1224; Pub. L. 105-285, title I, Sec. 102, Oct. 27, 1998, 112 Stat. 2703.) -MISC1- AMENDMENTS 1998 - Pub. L. 105-285 amended section catchline and text generally. Prior to amendment, text read as follows: "(a) In recognition of the role which Project Head Start has played in the effective delivery of comprehensive health, educational, nutritional, social, and other services to economically disadvantaged children and their families, it is the purpose of this subchapter to extend the authority for the appropriation of funds for such program. "(b) In carrying out the provisions of this subchapter, the Secretary of Health and Human Services shall continue the administrative arrangement responsible for meeting the needs of migrant, non-English language background, and Indian children and shall assure that appropriate funding is provided to meet such needs." 1990 - Subsec. (b). Pub. L. 101-501 inserted ", non-English language background," after "migrant". EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-501 effective Oct. 1, 1990, see section 1001(a) of Pub. L. 101-501, set out as a note under section 8621 of this title. SHORT TITLE For short title of this subchapter as the "Head Start Act", see section 635 of Pub. L. 97-35, set out as a note under section 9801 of this title. -End- -CITE- 42 USC Sec. 9832 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 105 - COMMUNITY SERVICES PROGRAMS SUBCHAPTER II - HEAD START PROGRAMS -HEAD- Sec. 9832. Definitions -STATUTE- For purposes of this subchapter: (1) The term "child with a disability" means - (A) a child with a disability, as defined in section 1401(3) of title 20; and (B) an infant or toddler with a disability, as defined in section 1432(5) of title 20. (2) The term "delegate agency" means a public, private nonprofit, or for-profit organization or agency to which a grantee has delegated all or part of the responsibility of the grantee for operating a Head Start program. (3) The term "family literacy services" means services that are of sufficient intensity in terms of hours, and of sufficient duration, to make sustainable changes in a family, and that integrate all of the following activities: (A) Interactive literacy activities between parents and their children. (B) Training for parents regarding how to be the primary teacher for their children and full partners in the education of their children. (C) Parent literacy training that leads to economic self- sufficiency. (D) An age-appropriate education to prepare children for success in school and life experiences. (4) The term "financial assistance" includes assistance provided by grant, agreement, or contract, and payments may be made in installments and in advance or by way of reimbursement with necessary adjustments on account of overpayments or underpayments. (5) The term "full calendar year" means all days of the year other than Saturday, Sunday, and a legal public holiday. (6) The term "full-working-day" means not less than 10 hours per day. Nothing in this paragraph shall be construed to require an agency to provide services to a child who has not reached the age of compulsory school attendance for more than the number of hours per day permitted by State law (including regulation) for the provision of services to such a child. (7) The term "Head Start classroom" means a group of children supervised and taught by two paid staff members (a teacher and a teacher's aide or two teachers) and, where possible, a volunteer. (8) The term "Head Start family day care" means Head Start services provided in a private residence other than the residence of the child receiving such services. (9) The term "home-based Head Start program" means a Head Start program that provides Head Start services in the private residence of the child receiving such services. (10) The term "Indian tribe" means any tribe, band, nation, pueblo, or other organized group or community of Indians, including any Native village described in section 3(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(c)) or established pursuant to such Act (43 U.S.C. 1601 et seq.), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (11) The term "local educational agency" has the meaning given such term in the Elementary and Secondary Education Act of 1965 [20 U.S.C. 6301 et seq.]. (12) The term "migrant and seasonal Head Start program" means - (A) with respect to services for migrant farmworkers, a Head Start program that serves families who are engaged in agricultural labor and who have changed their residence from one geographic location to another in the preceding 2-year period; and (B) with respect to services for seasonal farmworkers, a Head Start program that serves families who are engaged primarily in seasonal agricultural labor and who have not changed their residence to another geographic location in the preceding 2- year period. (13) The term "mobile Head Start program" means the provision of Head Start services utilizing transportable equipment set up in various community-based locations on a routine, weekly schedule, operating in conjunction with home-based Head Start programs, or as a Head Start classroom. (14) The term "poverty line" means the official poverty line (as defined by the Office of Management and Budget) - (A) adjusted to reflect the percentage change in the Consumer Price Index For (!1) All Urban Consumers, issued by the Bureau of Labor Statistics, occurring in the 1-year period or other interval immediately preceding the date such adjustment is made; and (B) adjusted for family size. (15) The term "scientifically based reading research" - (A) means the application of rigorous, systematic, and objective procedures to obtain valid knowledge relevant to reading development, reading instruction, and reading difficulties; and (B) shall include research that - (i) employs systematic, empirical methods that draw on observation or experiment; (ii) involves rigorous data analyses that are adequate to test the stated hypotheses and justify the general conclusions drawn; (iii) relies on measurements or observational methods that provide valid data across evaluators and observers and across multiple measurements and observations; and (iv) has been accepted by a peer-reviewed journal or approved by a panel of independent experts through a comparably rigorous, objective, and scientific review. (16) The term "Secretary" means the Secretary of Health and Human Services. (17) The term "State" means a State, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands, but for fiscal years ending before October 1, 2001 (and fiscal year 2002, if the legislation described in section 9835(a)(2)(B)(iii) of this title has not been enacted before September 30, 2001), also means the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. -SOURCE- (Pub. L. 97-35, title VI, Sec. 637, Aug. 13, 1981, 95 Stat. 499; Pub. L. 98-558, title I, Sec. 101, Oct. 30, 1984, 98 Stat. 2878; Pub. L. 101-501, title I, Secs. 104(b), 116(b), 117(b), 121(b), 123(a), Nov. 3, 1990, 104 Stat. 1228, 1232, 1233, 1237; Pub. L. 103- 252, title I, Sec. 102, May 18, 1994, 108 Stat. 624; Pub. L. 105- 285, title I, Sec. 103, Oct. 27, 1998, 112 Stat. 2703.) -REFTEXT- REFERENCES IN TEXT The Alaska Native Claims Settlement Act, referred to in par. (10), is Pub. L. 92-203, Dec. 18, 1971, 85 Stat. 688, as amended, which is classified generally to chapter 33 (Sec. 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables. The Elementary and Secondary Education Act of 1965, referred to in par. (11), is Pub. L. 89-10, Apr. 11, 1965, 79 Stat. 27, as amended, which is classified generally to chapter 70 (Sec. 6301 et seq.) of Title 20, Education. For complete classification of this Act to the Code, see Short Title note set out under section 6301 of Title 20 and Tables. -MISC1- AMENDMENTS 1998 - Pars. (1), (2). Pub. L. 105-285, Sec. 103(2), added pars. (1) and (2). Former pars. (1) and (2) redesignated (16) and (17), respectively. Pars. (3), (4). Pub. L. 105-285, Sec. 103(3)-(5), added par. (3), redesignated former par. (3) as (4), and struck out former par. (4) which read as follows: "The term 'family literacy services' means services and activities that include interactive literacy activities between parents and their children, training for parents on techniques for being the primary teacher of their children and full partners in the education of their children, parent literacy training (including training in English as a second language), and early childhood education." Par. (6). Pub. L. 105-285, Sec. 103(6), inserted at end "Nothing in this paragraph shall be construed to require an agency to provide services to a child who has not reached the age of compulsory school attendance for more than the number of hours per day permitted by State law (including regulation) for the provision of services to such a child." Par. (12). Pub. L. 105-285, Sec. 103(7), added par. (12) and struck out former par. (12) which read as follows: "The term 'migrant Head Start program' means a Head Start program that serves families who are engaged in agricultural work and who have changed their residence from one geographical location to another in the preceding 2-year period." Par. (15). Pub. L. 105-285, Sec. 103(8), added par. (15). Par. (16). Pub. L. 105-285, Sec. 103(1), redesignated par. (1) as (16) and transferred it to appear after par. (15). Par. (17). Pub. L. 105-285, Sec. 103(9)(B), (C), substituted "Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands, but for fiscal years ending before October 1, 2001 (and fiscal year 2002, if the legislation described in section 9835(a)(2)(B)(iii) of this title has not been enacted before September 30, 2001), also means" for "Virgin Islands," and "and the Republic of Palau" for "Palau, and the Commonwealth of the Northern Mariana Islands". Pub. L. 105-285, Sec. 103(9)(A), which directed substitution of "term" for "Term", could not be executed because "Term" does not appear in par. (17). Pub. L. 105-285, Sec. 103(1), redesignated par. (2) as (17) and transferred it to appear after par. (16). 1994 - Par. (4). Pub. L. 103-252, Sec. 102(1), (4), (5)(A), redesignated par. (12) as (4) and struck out former par. (4) which defined "adjusted appropriation". Par. (5). Pub. L. 103-252, Sec. 102(1), (4), (5)(B), redesignated par. (10) as (5) and struck out former par. (5) which defined "quality improvement funds". Par. (6). Pub. L. 103-252, Sec. 102(4), (5)(B), redesignated par. (11) as (6). Former par. (6) redesignated (7). Pars. (7), (8). Pub. L. 103-252, Sec. 102(4), redesignated pars. (6) and (7) as (7) and (8), respectively. Former par. (8) redesignated (9). Par. (9). Pub. L. 103-252, Sec. 102(4), redesignated par. (8) as (9). Former par. (9) redesignated (14). Pub. L. 103-252, Sec. 102(2), added par. (9) and struck out former par. (9) which defined "poverty line". Par. (10). Pub. L. 103-252, Sec. 102(4), (5)(C), redesignated par. (13) as (10). Former par. (10) redesignated (5). Par. (11). Pub. L. 103-252, Sec. 102(5)(D), added par. (11). Former par. (11) redesignated (6). Par. (12). Pub. L. 103-252, Sec. 102(5)(D), added par. (12). Former par. (12) redesignated (4). Pub. L. 103-252, Sec. 102(3), (4), added par. (12) and redesignated it as (4). Par. (13). Pub. L. 103-252, Sec. 102(5)(D), added par. (13). Former par. (13) redesignated (10). Pub. L. 103-252, Sec. 102(3), (4), added par. (13) and redesignated it as (10). Par. (14). Pub. L. 103-252, Sec. 102(4), redesignated par. (9) as (14). 1990 - Par. (2). Pub. L. 101-501, Sec. 104(b)(1), substituted "the Federated States of Micronesia, the Republic of the Marshall Islands, Palau" for "the Trust Territory of the Pacific Islands". Pars. (4), (5). Pub. L. 101-501, Sec. 104(b)(2), added pars. (4) and (5). Par. (6). Pub. L. 101-501, Sec. 116(b), added par. (6). Pars. (7), (8). Pub. L. 101-501, Sec. 117(b), added pars. (7) and (8). Par. (9). Pub. L. 101-501, Sec. 121(b), added par. (9). Pars. (10), (11). Pub. L. 101-501, Sec. 123(a), added pars. (10) and (11). 1984 - Par. (2). Pub. L. 98-558 inserted "the Commonwealth of" before "the Northern Mariana Islands". EFFECTIVE DATE OF 1994 AMENDMENT Section 127 of title I of Pub. L. 103-252 provided that: "(a) Effective Date. - This title [see Short Title of 1994 Amendment note set out under section 9801 of this title], and the amendments made by this title, shall take effect on the date of enactment of this title [May 18, 1994]. "(b) Application. - The requirements of this title and the amendments made by this title shall not apply to Head Start agencies and other recipients of financial assistance under the Head Start Act [42 U.S.C. 9831 et seq.] until October 1, 1994." EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-501 effective Oct. 1, 1990, see section 1001(a) of Pub. L. 101-501, set out as a note under section 8621 of this title. -FOOTNOTE- (!1) So in original. Probably should not be capitalized. -End- -CITE- 42 USC Sec. 9833 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 105 - COMMUNITY SERVICES PROGRAMS SUBCHAPTER II - HEAD START PROGRAMS -HEAD- Sec. 9833. Financial assistance for Head Start programs -STATUTE- The Secretary may, upon application by an agency which is eligible for designation as a Head Start agency pursuant to section 9836 of this title, provide financial assistance to such agency for the planning, conduct, administration, and evaluation of a Head Start program focused primarily upon children from low-income families who have not reached the age of compulsory school attendance which (1) will provide such comprehensive health, education, parental involvement, nutritional, social, and other services as will enable the children to attain their full potential and attain school readiness; and (2) will provide for direct participation of the parents of such children in the development, conduct, and overall program direction at the local level. -SOURCE- (Pub. L. 97-35, title VI, Sec. 638, Aug. 13, 1981, 95 Stat. 499; Pub. L. 100-297, title II, Sec. 2504, Apr. 28, 1988, 102 Stat. 330; Pub. L. 103-252, title I, Secs. 103, 112(c), May 18, 1994, 108 Stat. 625, 641; Pub. L. 105-285, title I, Sec. 104, Oct. 27, 1998, 112 Stat. 2705.) -MISC1- AMENDMENTS 1998 - Cl. (1). Pub. L. 105-285 substituted "enable the children" for "aid the children" and inserted "and attain school readiness" before the semicolon. 1994 - Pub. L. 103-252 struck out subsec. (a) designation, in cl. (1), substituted "health, education, parental involvement, nutritional, social, and other services" for "health, nutritional, educational, social, and other services", and struck out subsec. (b) which read as follows: "For purposes of providing financial assistance under subsection (a) of this section to agencies, the Secretary may not take into consideration whether such agency applies for or receives funds under subchapter V of this chapter." 1988 - Pub. L. 100-297 designated existing provisions as subsec. (a) and added subsec. (b). EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103-252 effective May 18, 1994, but not applicable to Head Start agencies and other recipients of financial assistance under the Head Start Act (42 U.S.C. 9831 et seq.) until Oct. 1, 1994, see section 127 of Pub. L. 103-252, set out as a note under section 9832 of this title. EFFECTIVE DATE OF 1988 AMENDMENT For effective date and applicability of amendment by Pub. L. 100- 297, see section 6303 of Pub. L. 100-297, set out as a note under section 1071 of Title 20, Education. -End- -CITE- 42 USC Sec. 9834 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 105 - COMMUNITY SERVICES PROGRAMS SUBCHAPTER II - HEAD START PROGRAMS -HEAD- Sec. 9834. Authorization of appropriations -STATUTE- (a) There are authorized to be appropriated for carrying out the provisions of this subchapter such sums as may be necessary for fiscal years 1999 through 2003. (b) From the amount appropriated under subsection (a) of this section, the Secretary shall make available - (1) for each of fiscal years 1999 through 2003 to carry out activities authorized under section 9837a of this title, not more than $35,000,000 but not less than the amount that was made available for such activities for fiscal year 1998; (2) not more than $5,000,000 for each of fiscal years 1999 through 2003 to carry out impact studies under section 9844(g) of this title; and (3) not more than $12,000,000 for fiscal year 1999, and such sums as may be necessary for each of fiscal years 2000 through 2003, to carry out other research, demonstration, and evaluation activities, including longitudinal studies, under section 9844 of this title. -SOURCE- (Pub. L. 97-35, title VI, Sec. 639, Aug. 13, 1981, 95 Stat. 499; Pub. L. 98-558, title I, Sec. 102, Oct. 30, 1984, 98 Stat. 2878; Pub. L. 99-425, title I, Sec. 101, Sept. 30, 1986, 100 Stat. 966; Pub. L. 101-120, Sec. 2, Oct. 23, 1989, 103 Stat. 700; Pub. L. 101- 501, title I, Secs. 103, 120(b), 140, Nov. 3, 1990, 104 Stat. 1224, 1236, 1242; Pub. L. 103-252, title I, Sec. 104, May 18, 1994, 108 Stat. 625; Pub. L. 105-285, title I, Sec. 105, Oct. 27, 1998, 112 Stat. 2705.) -MISC1- AMENDMENTS 1998 - Subsec. (a). Pub. L. 105-285, Sec. 105(1), substituted "1999 through 2003" for "1995 through 1998". Subsec. (b)(1) to (3). Pub. L. 105-285, Sec. 105(2), added pars. (1) to (3) and struck out former pars. (1) and (2) which read as follows: "(1) $35,000,000 for each of the fiscal years 1995 through 1998 to - "(A) carry out the Head Start Transition Project Act; and "(B) carry out activities authorized under section 9837(d) of this title; and "(2) not more than $3,000,000 for fiscal year 1995, and such sums as may be necessary for each of the fiscal years 1996 through 1998, to carry out longitudinal research under section 9844(e) of this title." 1994 - Subsec. (a). Pub. L. 103-252, Sec. 104(1), substituted "such sums as may be necessary for fiscal years 1995 through 1998" for "(other than section 9846a of this title) $1,552,000,000 for fiscal year 1990, $2,386,000,000 for fiscal year 1991, $4,273,000,000 for fiscal year 1992, $5,924,000,000 for fiscal year 1993, and $7,660,000,000 for fiscal year 1994". Subsecs. (b), (c). Pub. L. 103-252, Sec. 104(2), added subsec. (b) and struck out former subsecs. (b) and (c) which read as follows: "(b) There are authorized to be appropriated to carry out section 9846a of this title, such sums as may be necessary for fiscal years 1991 through 1996. "(c)(1) If the amount appropriated under subsection (a) of this section for fiscal year 1991 exceeds the adjusted appropriation, the Secretary shall make available not less than $20,000,000 to carry out the Head Start Transition Project Act. "(2) The Secretary shall make available not less than $20,000,000 for each of the fiscal years 1992, 1993, and 1994 to carry out the Head Start Transition Project Act." 1990 - Pub. L. 101-501, Sec. 140, added subsec. (c). Pub. L. 101-501, Sec. 120(b), designated existing provisions as subsec. (a), inserted "(other than section 9846a of this title)" after "of this subchapter", and added subsec. (b). Pub. L. 101-501, Sec. 103, struck out "$1,198,000,000 for fiscal year 1987, $1,263,000,000 for fiscal year 1988, $1,332,000,000 for fiscal year 1989, and" after "of this subchapter" and inserted ", $2,386,000,000 for fiscal year 1991, $4,273,000,000 for fiscal year 1992, $5,924,000,000 for fiscal year 1993, and $7,660,000,000 for fiscal year 1994" after "1990". 1989 - Pub. L. 101-120 substituted "$1,552,000,000" for "$1,405,000,000". 1986 - Pub. L. 99-425 amended section generally, substituting "$1,198,000,000 for fiscal year 1987, $1,263,000,000 for fiscal year 1988, $1,332,000,000 for fiscal year 1989, and $1,405,000,000 for fiscal year 1990" for "$1,093,030,000 for fiscal year 1985, and $1,221,000,000 for fiscal year 1986". 1984 - Pub. L. 98-558 substituted "$1,093,030,000 for fiscal year 1985, and $1,221,000,000 for fiscal year 1986" for "$950,000,000 for fiscal year 1982, $1,007,000,000 for fiscal year 1983, and $1,058,357,000 for fiscal year 1984". EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103-252 effective May 18, 1994, but not applicable to Head Start agencies and other recipients of financial assistance under the Head Start Act (42 U.S.C. 9831 et seq.) until Oct. 1, 1994, see section 127 of Pub. L. 103-252, set out as a note under section 9832 of this title. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-501 effective Oct. 1, 1990, see section 1001(a) of Pub. L. 101-501, set out as a note under section 8621 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-425 effective Oct. 1, 1986, see section 1001 of Pub. L. 99-425, set out as a note under section 8621 of this title. -End- -CITE- 42 USC Sec. 9835 01/02/2006 -EXPCITE- TITLE 42 - THE PUBLIC HEALTH AND WELFARE CHAPTER 105 - COMMUNITY SERVICES PROGRAMS SUBCHAPTER II - HEAD START PROGRAMS -HEAD- Sec. 9835. Allotment of funds -STATUTE- (a) Distribution of appropriations; priorities, etc. (1) Of the sums appropriated pursuant to section 9834 of this title for any fiscal year beginning after September 30, 1981, the Secretary shall allot such sums in accordance with paragraphs (2) through (4), and subject to paragraphs (5) and (6). (2) The Secretary shall reserve 13 percent of the amount appropriated for each fiscal year for use in accordance with the following order of priorities - (A) Indian Head Start programs, services for children with disabilities, and migrant and seasonal Head Start programs, except that there shall be made available for each fiscal year for use by Indian Head Start programs and by migrant and seasonal Head Start programs, on a nationwide basis, not less than the amount that was obligated for use by Indian Head Start programs and by migrant and seasonal Head Start programs for fiscal year 1998; (B) payments, subject to paragraph (7) - (i) to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Virgin Islands of the United States; (ii) for fiscal years ending before October 1, 2001, to the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau; and (iii) if legislation approving renegotiated Compacts of Free Association for the jurisdictions described in clause (ii) has not been enacted before September 30, 2001, for fiscal year 2002 to those jurisdictions; according to their respective needs, except that such amount shall not exceed one-half of 1 percent of the sums appropriated for any fiscal year; (C) training and technical assistance activities which are sufficient to meet the needs associated with program expansion and to foster program and management improvement activities as described in section 9843 of this title, in an amount for each fiscal year which is not less than 2 percent of the amount appropriated for such fiscal year, of which not less than $3,000,000 of the amount appropriated for such fiscal year shall be made available to carry out activities described in section 9843(c)(4) of this title; (D) discretionary payments made by the Secretary (including payments for all costs (other than compensation of Federal employees) of reviews of Head Start agencies and programs under section 9836a(c) of this title, and of activities carried out under paragraph (1), (2), or (3) of section 9836a(d) of this title related to correcting deficiencies and conducting proceedings to terminate the designation of Head Start agencies; (!1) and (E) payments for research, demonstration, and evaluation activities under section 9844 of this title. No funds reserved under this paragraph or paragraph (3) may be combined with funds appropriated under any other Act if the purpose of combining funds is to make a single discretionary grant or a single discretionary payment, unless such funds appropriated under this subchapter are separately identified in such grant or payment and are used for the purposes of this subchapter. No Freely Associated State may receive financial assistance under this subchapter after fiscal year 2002. (3)(A)(i) In order to provide assistance for activities specified in subparagraph (C) directed at the goals specified in subparagraph (B), the Secretary shall reserve, from the amount (if any) by which the funds appropriated under section 9834(a) of this title for a fiscal year exceed the adjusted prior year appropriation, a share equal to the sum of - (I) 60 percent of such excess amount for fiscal year 1999, 50 percent of such excess amount for fiscal year 2000, 47.5 percent of such excess amount for fiscal year 2001, 35 percent of such excess amount for fiscal year 2002, and 25 percent of such excess amount for fiscal year 2003; and (II) any additional amount the Secretary may find necessary to address a demonstrated need for such activities. (ii) As used in clause (i), the term "adjusted prior year appropriation" means, with respect to a fiscal year, the amount appropriated pursuant to section 9834(a) of this title for the preceding fiscal year, adjusted to reflect the percentage change in the Consumer Price Index for All Urban Consumers (issued by the Bureau of Labor Statistics) during such preceding fiscal year. (B) Funds reserved under this paragraph (referred to in this paragraph as "quality improvement funds") shall be used to accomplish any or all of the following goals: (i) Ensuring that Head Start programs meet or exceed performance standards pursuant to section 9836a(a)(1)(A) of this title. (ii) Ensuring that such programs have adequate numbers of qualified staff, and that such staff are furnished adequate training, including developing skills in working with children with non-English language background and children with disabilities, when appropriate. (iii) Ensuring that salary levels and benefits are adequate to attract and retain qualified staff for such programs. (iv) Using salary increases to improve staff qualifications, and to assist with the implementation of career development programs, for the staff of Head Start programs, and to encourage the staff to continually improve their skills and expertise by informing the staff of the availability of Federal and State incentive and loan forgiveness programs for professional development. (v) Improving community-wide strategic planning and needs assessments for such programs and collaboration efforts for such programs. (vi) Ensuring that th