
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC9835]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 105--COMMUNITY SERVICES PROGRAMS
 
                   SUBCHAPTER II--HEAD START PROGRAMS
 
Sec. 9835. Allotment of funds


(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
---------------------------------------------------------------------------
    \1\ So in original. Probably should be ``agencies);''. See 1998 
Amendment note below.
---------------------------------------------------------------------------
        (E) payments for research, demonstration, and evaluation 
    activities under section 9844 of this title.

No funds reserved under this paragraph or paragraph (3) may be combined 
with funds appropriated under any other Act if the purpose of combining 
funds is to make a single discretionary grant or a single discretionary 
payment, unless such funds appropriated under this subchapter are 
separately identified in such grant or payment and are used for the 
purposes of this subchapter. No Freely Associated State may receive 
financial assistance under this subchapter after fiscal year 2002.
    (3)(A)(i) In order to provide assistance for activities specified in 
subparagraph (C) directed at the goals specified in subparagraph (B), 
the Secretary shall reserve, from the amount (if any) by which the funds 
appropriated under section 9834(a) of this title for a fiscal year 
exceed the adjusted prior year appropriation, a share equal to the sum 
of--
        (I) 60 percent of such excess amount for fiscal year 1999, 50 
    percent of such excess amount for fiscal year 2000, 47.5 percent of 
    such excess amount for fiscal year 2001, 35 percent of such excess 
    amount for fiscal year 2002, and 25 percent of such excess amount 
    for fiscal year 2003; and
        (II) any additional amount the Secretary may find necessary to 
    address a demonstrated need for such activities.

    (ii) As used in clause (i), the term ``adjusted prior year 
appropriation'' means, with respect to a fiscal year, the amount 
appropriated pursuant to section 9834(a) of this title for the preceding 
fiscal year, adjusted to reflect the percentage change in the Consumer 
Price Index for All Urban Consumers (issued by the Bureau of Labor 
Statistics) during such preceding fiscal year.
    (B) Funds reserved under this paragraph (referred to in this 
paragraph as ``quality improvement funds'') shall be used to accomplish 
any or all of the following goals:
        (i) Ensuring that Head Start programs meet or exceed performance 
    standards pursuant to section 9836a(a)(1)(A) of this title.
        (ii) Ensuring that such programs have adequate numbers of 
    qualified staff, and that such staff are furnished adequate 
    training, including developing skills in working with children with 
    non-English language background and children with disabilities, when 
    appropriate.
        (iii) Ensuring that salary levels and benefits are adequate to 
    attract and retain qualified staff for such programs.
        (iv) Using salary increases to improve staff qualifications, and 
    to assist with the implementation of career development programs, 
    for the staff of Head Start programs, and to encourage the staff to 
    continually improve their skills and expertise by informing the 
    staff of the availability of Federal and State incentive and loan 
    forgiveness programs for professional development.
        (v) Improving community-wide strategic planning and needs 
    assessments for such programs and collaboration efforts for such 
    programs.
        (vi) Ensuring that the physical environments of Head Start 
    programs are conducive to providing effective program services to 
    children and families, and are accessible to children with 
    disabilities and their parents.
        (vii) Ensuring that such programs have qualified staff that can 
    promote language skills and literacy growth of children and that can 
    provide children with a variety of skills that have been identified, 
    through scientifically based reading research, as predictive of 
    later reading achievement.
        (viii) Making such other improvements in the quality of such 
    programs as the Secretary may designate.

    (C) Quality improvement funds shall be used to carry out any or all 
of the following activities:
        (i)(I) Not less than one-half of the amount reserved under this 
    paragraph, to improve the compensation (including benefits) of 
    classroom teachers and other staff of Head Start agencies and 
    thereby enhance recruitment and retention of qualified staff, 
    including recruitment and retention pursuant to achieving the 
    requirements set forth in section 9843a(a) of this title. The 
    expenditure of funds under this clause shall be subject to section 
    9848 of this title. Preferences in awarding salary increases, in 
    excess of cost-of-living allowances, with such funds shall be 
    granted to classroom teachers and staff who obtain additional 
    training or education related to their responsibilities as employees 
    of a Head Start program.
        (II) If a Head Start agency certifies to the Secretary for such 
    fiscal year that part of the funds set aside under subclause (I) to 
    improve wages cannot be expended by such agency to improve wages 
    because of the operation of section 9848 of this title, then such 
    agency may expend such part for any of the uses specified in this 
    subparagraph (other than wages).
        (III) From the remainder of the amount reserved under this 
    paragraph (after the Secretary carries out subclause (I)), the 
    Secretary shall carry out any or all of the activities described in 
    clauses (ii) through (vii), placing the highest priority on the 
    activities described in clause (ii).
        (ii) To train classroom teachers and other staff to meet the 
    education performance standards described in section 9836a(a)(1)(B) 
    of this title, through activities--
            (I) to promote children's language and literacy growth, 
        through techniques identified through scientifically based 
        reading research;
            (II) to promote the acquisition of the English language for 
        non-English background children and families;
            (III) to foster children's school readiness skills through 
        activities described in section 9843a(a)(1) of this title; and
            (IV) to provide training necessary to improve the 
        qualifications of the staff of the Head Start agencies and to 
        support staff training, child counseling, and other services 
        necessary to address the problems of children participating in 
        Head Start programs, including children from dysfunctional 
        families, children who experience chronic violence in their 
        communities, and children who experience substance abuse in 
        their families.

        (iii) To employ additional Head Start staff, including staff 
    necessary to reduce the child-staff ratio and staff necessary to 
    coordinate a Head Start program with other services available to 
    children participating in such program and to their families.
        (iv) To pay costs incurred by Head Start agencies to purchase 
    insurance (other than employee benefits) and thereby maintain or 
    expand Head Start services.
        (v) To supplement amounts provided under paragraph (2)(C) to 
    provide training necessary to improve the qualifications of the 
    staff of the Head Start agencies, and to support staff training, 
    child counseling, and other services necessary to address the 
    problems of children participating in Head Start programs, including 
    children from dysfunctional families, children who experience 
    chronic violence in their communities, and children who experience 
    substance abuse in their families.
        (vi) Such other activities as the Secretary may designate.

    (D)(i) Funds reserved under subparagraph (A) shall be allotted by 
the Secretary as follows:
        (I) 80 percent of such funds shall be allotted among the States 
    in the same proportion as the Secretary allots funds among the 
    States under paragraph (4) for the respective fiscal year.
        (II) 20 percent of such funds shall be allotted among the 
    States, geographical areas specified in subsection (a)(2)(B) of this 
    section and Indian Head Start programs and migrant and seasonal Head 
    Start programs, and used to make grants to Head Start agencies, at 
    the discretion of the Secretary.

    (ii) Funds allotted under clause (i) shall be used by the Secretary 
to make grants to Head Start agencies that receive grants from funds 
allotted under paragraph (4) for such fiscal year, in such amounts as 
the Secretary considers to be appropriate, for expenditure for 
activities specified in subparagraph (C).
    (iii) Funds received under this subparagraph shall be used to 
supplement, not to supplant, funds received under paragraph (2) or (4).
    (4) Subject to section 9834(b) of this title, the Secretary shall 
allot the remaining amounts appropriated in each fiscal year among the 
States, in accordance with latest satisfactory data so that--
        (A) each State receives an amount which is equal to the amount 
    the State received for fiscal year 1998; and
        (B) any amount available after all allotments are made under 
    subparagraph (A) for such fiscal year shall be distributed 
    proportionately on the basis of the number of children less than 5 
    years of age from families whose income is below the poverty line.

For purposes of this paragraph, for each fiscal year the Secretary shall 
use the most recent data available on the number of children less than 5 
years of age from families whose income is below the poverty line, as 
published by the Department of Commerce, unless the Secretary and the 
Secretary of Commerce determine that use of the most recent data 
available would be inappropriate or unreliable. If the Secretary and the 
Secretary of Commerce determine that some or all of the data referred to 
in this paragraph are inappropriate or unreliable, the Secretaries shall 
issue a report setting forth their reasons in detail.
    (5)(A) From amounts reserved and allotted pursuant to paragraph (4), 
the Secretary shall reserve such sums as may be necessary to award the 
collaboration grants described in subparagraphs (B) and (D).
    (B) From the reserved sums, the Secretary may award a collaboration 
grant to each State to facilitate collaboration regarding activities 
carried out in the State under this subchapter, and other activities 
carried out in, and by, the State that are designed to benefit low-
income children and families and to encourage Head Start agencies to 
collaborate with entities involved in State and local planning processes 
(including the State lead agency administering the financial assistance 
received under subchapter II-B of this chapter and the entities 
providing resource and referral services in the State) in order to 
better meet the needs of low-income children and families.
    (C) A State that receives a grant under subparagraph (B) shall--
        (i) appoint an individual to serve as a State liaison between--
            (I) the appropriate regional office of the Administration 
        for Children and Families and agencies and individuals carrying 
        out Head Start programs in the State; and
            (II) agencies (including local educational agencies) and 
        entities carrying out programs serving low-income children and 
        families;

        (ii) involve the State Head Start Association in the selection 
    of the individual, and involve the association in determinations 
    relating to the ongoing direction of the collaboration;
        (iii) ensure that the individual holds a position with 
    sufficient authority and access to ensure that the collaboration 
    described in subparagraph (B) is effective and involves a range of 
    State agencies;
        (iv) ensure that the collaboration described in subparagraph (B) 
    involves coordination of Head Start services with health care, 
    welfare, child care, education, and community service activities, 
    family literacy services, activities relating to children with 
    disabilities (including coordination of services with those State 
    officials who are responsible for administering part C and section 
    619 of the Individuals with Disabilities Education Act (20 U.S.C. 
    1431-1445, 1419)), and services for homeless children;
        (v) include representatives of the State Head Start Association 
    and local Head Start agencies in unified planning regarding early 
    care and education services at both the State and local levels, 
    including collaborative efforts to plan for the provision of full-
    working-day, full calendar year early care and education services 
    for children; and
        (vi) encourage local Head Start agencies to appoint a State 
    level representative to represent Head Start agencies within the 
    State in conducting collaborative efforts described in subparagraphs 
    (B) and (D), and in clause (v).

    (D) Following the award of collaboration grants described in 
subparagraph (B), the Secretary shall provide, from the reserved sums, 
supplemental funding for collaboration grants--
        (i) to States that (in consultation with their State Head Start 
    Associations) develop statewide, regional, or local unified plans 
    for early childhood education and child care that include the 
    participation of Head Start agencies; and
        (ii) to States that engage in other innovative collaborative 
    initiatives, including plans for collaborative training and 
    professional development initiatives for child care, early childhood 
    education and Head Start service managers, providers, and staff.

    (E)(i) The Secretary shall--
        (I) review on an ongoing basis evidence of barriers to effective 
    collaboration between Head Start programs and other Federal, State, 
    and local child care and early childhood education programs and 
    resources;
        (II) develop initiatives, including providing additional 
    training and technical assistance and making regulatory changes, in 
    necessary cases, to eliminate barriers to the collaboration; and
        (III) develop a mechanism to resolve administrative and 
    programmatic conflicts between programs described in subclause (I) 
    that would be a barrier to service providers, parents, or children 
    related to the provision of unified services and the consolidation 
    of funding for child care services.

    (ii) In the case of a collaborative activity funded under this 
subchapter and another provision of law providing for Federal child care 
or early childhood education, the use of equipment and nonconsumable 
supplies purchased with funds made available under this subchapter or 
such provision shall not be restricted to children enrolled or otherwise 
participating in the program carried out under that subchapter or 
provision, during a period in which the activity is predominantly funded 
under this subchapter or such provision.
    (F) As used in this paragraph, the term ``low-income'', used with 
respect to children or families, shall not be considered to refer only 
to children or families that meet the low-income criteria prescribed 
pursuant to section 9840(a)(1)(A) of this title.
    (6)(A) From amounts reserved and allotted pursuant to paragraphs (2) 
and (4), the Secretary shall use, for grants for programs described in 
section 9840a(a) of this title, a portion of the combined total of such 
amounts equal to 7.5 percent for fiscal year 1999, 8 percent for fiscal 
year 2000, 9 percent for fiscal year 2001, 10 percent for fiscal year 
2002, and 10 percent for fiscal year 2003, of the amount appropriated 
pursuant to section 9834(a) of this title, except as provided in 
subparagraph (B).
    (B)(i) If the Secretary does not submit an interim report on the 
preliminary findings of the Early Head Start impact study currently 
being conducted by the Secretary (as of October 27, 1998) to the 
appropriate committees by June 1, 2001, the amount of the reserved 
portion for fiscal year 2002 that exceeds the reserved portion for 
fiscal year 2001, if any, shall be used for quality improvement 
activities described in subsection (a)(3) of this section and shall not 
be used to serve an increased number of eligible children under section 
9840a of this title.
    (ii) If the Secretary does not submit a final report on the Early 
Head Start impact study to the appropriate committees by June 1, 2002, 
or if the Secretary finds in the report that there are substantial 
deficiencies in the programs carried out under section 9840a of this 
title, the amount of the reserved portion for fiscal year 2003 that 
exceeds the reserved portion for fiscal year 2002, if any, shall be used 
for quality improvement activities described in subsection (a)(3) of 
this section and shall not be used to serve an increased number of 
eligible children under section 9840a of this title.
    (iii) In this subparagraph:
        (I) The term ``appropriate committees'' means the Committee on 
    Education and the Workforce and the Committee on Appropriations of 
    the House of Representatives and the Committee on Labor and Human 
    Resources and the Committee on Appropriations of the Senate.
        (II) The term ``reserved portion'', used with respect to a 
    fiscal year, means the amount required to be used in accordance with 
    subparagraph (A) for that fiscal year.

    (C)(i) For any fiscal year for which the Secretary determines that 
the amount appropriated under section 9834(a) of this title is not 
sufficient to permit the Secretary to reserve the portion described in 
subparagraph (A) without reducing the number of children served by Head 
Start programs or adversely affecting the quality of Head Start 
services, relative to the number of children served and the quality of 
the services during the preceding fiscal year, the Secretary may reduce 
the percentage of funds required to be reserved for the portion 
described in subparagraph (A) for the fiscal year for which the 
determination is made, but not below the percentage required to be so 
reserved for the preceding fiscal year.
    (ii) For any fiscal year for which the amount appropriated under 
section 9834(a) of this title is reduced to a level that requires a 
lower amount to be made available under this subchapter to Head Start 
agencies and entities described in section 9840a of this title, relative 
to the amount made available to the agencies and entities for the 
preceding fiscal year, adjusted as described in paragraph (3)(A)(ii), 
the Secretary shall proportionately reduce--
        (I) the amounts made available to the entities for programs 
    carried out under section 9840a of this title; and
        (II) the amounts made available to Head Start agencies for Head 
    Start programs.

    (7) For purposes of this subsection, the term ``State'' does not 
include Guam, American Samoa, the Virgin Islands, the Commonwealth of 
the Northern Mariana Islands, the Federated States of Micronesia, the 
Republic of the Marshall Islands, and Palau.

(b) Federal share

    Financial assistance extended under this subchapter for a Head Start 
program shall not exceed 80 percent of the approved costs of the 
assisted program or activities, except that the Secretary may approve 
assistance in excess of such percentage if the Secretary determines that 
such action is required in furtherance of the purposes of this 
subchapter. For the purpose of making such determination, the Secretary 
shall take into consideration with respect to the Head Start program 
involved--
        (1) the lack of resources available in the community that may 
    prevent the Head Start agency from providing all or a portion of the 
    non-Federal contribution that may be required under this subsection;
        (2) the impact of the cost the Head Start agency may incur in 
    initial years it carries out such program;
        (3) the impact of an unanticipated increase in the cost the Head 
    Start agency may incur to carry out such program;
        (4) whether the Head Start agency is located in a community 
    adversely affected by a major disaster; and
        (5) the impact on the community that would result if the Head 
    Start agency ceased to carry out such program.

Non-Federal contributions may be in cash or in kind, fairly evaluated, 
including plant, equipment, or services. The Secretary shall not require 
non-Federal contributions in excess of 20 percent of the approved costs 
of programs or activities assisted under this subchapter.

(c) Services covered

    No programs shall be approved for assistance under this subchapter 
unless the Secretary is satisfied that the services to be provided under 
such program will be in addition to, and not in substitution for, 
comparable services previously provided without Federal assistance. The 
requirement imposed by the preceding sentence shall be subject to such 
regulations as the Secretary may prescribe.

(d) Enrollment of children with disabilities and provision of services

    The Secretary shall establish policies and procedures designed to 
assure that for fiscal year 1999 and thereafter no less than 10 percent 
of the total number of enrollment opportunities in Head Start programs 
in each State shall be available for children with disabilities and that 
services shall be provided to meet their special needs. Such policies 
and procedures shall require Head Start agencies to coordinate 
programmatic efforts with efforts to implement part C and section 619 of 
the Individuals with Disabilities Education Act (20 U.S.C. 1431-1445, 
1419).

(e) Distribution of benefits between residents of rural and urban areas

    The Secretary shall adopt appropriate administrative measures to 
assure that the benefits of this subchapter will be distributed 
equitably between residents of rural and urban areas.

(f) Guidelines for local service delivery models

    The Secretary shall establish procedures to enable Head Start 
agencies to develop locally designed or specialized service delivery 
models to address local community needs.

(g) Maintenance of current services; expansion of Head Start programs

    (1) If in any fiscal year, the amounts appropriated to carry out the 
program under this subchapter exceed the amount appropriated in the 
prior fiscal year, the Secretary shall, prior to using such additional 
funds to serve an increased number of children, allocate such funds in a 
manner that makes available the funds necessary to maintain the level of 
services provided during the prior year, taking into consideration the 
percentage change in the Consumer Price Index For All Urban Consumers, 
as published by the Bureau of Labor Statistics.
    (2) For the purpose of expanding Head Start programs, in allocating 
funds to an applicant within a State, from amounts allotted to a State 
pursuant to subsection (a)(4) of this section, the Secretary shall take 
into consideration--
        (A) the quality of the applicant's programs (including Head 
    Start and other child care or child development programs) in 
    existence on the date of the allocation, including, in the case of 
    Head Start programs in existence on the date of the allocation, the 
    extent to which such programs meet or exceed performance standards 
    and other requirements under this subchapter, and the performance 
    history of the applicant in providing services under other Federal 
    programs (other than the program carried out under this subchapter);
        (B) the applicant's capacity to expand services (including, in 
    the case of Head Start programs in existence on the date of the 
    allocation, whether the applicant accomplished any prior expansions 
    in an effective and timely manner);
        (C) the extent to which the applicant has undertaken community-
    wide strategic planning and needs assessments involving other 
    community organizations and public agencies serving children and 
    families (including organizations serving families in whose homes 
    English is not the language customarily spoken), and organizations 
    and public entities serving children with disabilities;
        (D) the extent to which the family and community needs 
    assessment of the applicant reflects a need to provide full-working-
    day or full calendar year services and the extent to which, and 
    manner in which, the applicant demonstrates the ability to 
    collaborate and participate with other local community providers of 
    child care or preschool services to provide full-working-day full 
    calendar year services;
        (E) the numbers of eligible children in each community who are 
    not participating in a Head Start program or any other early 
    childhood program;
        (F) the concentration of low-income families in each community;
        (G) the extent to which the applicant proposes to foster 
    partnerships with other service providers in a manner that will 
    enhance the resource capacity of the applicant; and
        (H) the extent to which the applicant, in providing services, 
    plans to coordinate with the local educational agency serving the 
    community involved and with schools in which children participating 
    in a Head Start program operated by such agency will enroll 
    following such program, regarding such services and the education 
    services provided by such local educational agency.

    (3) In determining the amount of funds reserved pursuant to 
subparagraph (A) or (B) of subsection (a)(2) of this section to be used 
for expanding Head Start programs under this subchapter, the Secretary 
shall take into consideration, to the extent appropriate, the factors 
specified in paragraph (2).
    (4) Notwithstanding subsection (a)(2) of this section, after taking 
into account paragraph (1), the Secretary may allocate a portion of the 
remaining additional funds under subsection (a)(2)(A) of this section 
for the purpose of increasing funds available for activities described 
in such subsection.

(h) Full-working-day services

    Financial assistance provided under this subchapter may be used by 
each Head Start program to provide full-working-day Head Start services 
to any eligible child throughout the full calendar year.

(i) Vehicle safety regulations

    The Secretary shall issue regulations establishing requirements for 
the safety features, and the safe operation, of vehicles used by Head 
Start agencies to transport children participating in Head Start 
programs.

(j) Compensation of staff

    Any agency that receives financial assistance under this subchapter 
to improve the compensation of staff who provide services under this 
subchapter\2\ shall use the financial assistance to improve the 
compensation of such staff, regardless of whether the agency has the 
ability to improve the compensation of staff employed by the agency who 
do not provide Head Start services.
---------------------------------------------------------------------------
    \2\ See References in Text note below.
---------------------------------------------------------------------------

(k) Flexibility in hours of service requirement

    (1) The Secretary shall allow center-based Head Start programs the 
flexibility to satisfy the total number of hours of service required by 
the regulations in effect on May 18, 1994, to be provided to children in 
Head Start programs so long as such agencies do not--
        (A) provide less than 3 hours of service per day;
        (B) reduce the number of days of service per week; or
        (C) reduce the number of days of service per year.

    (2) The provisions of this subsection shall not be construed to 
restrict the authority of the Secretary to fund alternative program 
variations authorized under section 1306.35 of title 45 of the Code of 
Federal Regulations in effect on May 18, 1994.

(l) Frequent relocation of migrant families

    (1) With funds made available under subsection (a)(2) of this 
section to migrant and seasonal Head Start programs, the Secretary shall 
give priority to migrant and seasonal Head Start programs that serve 
eligible children of migrant and seasonal farmworker families whose work 
requires them to relocate most frequently.
    (2) For purposes of subsection (a)(2)(A) of this section, in 
determining the need and demand for migrant and seasonal Head Start 
programs (and services provided through such programs), the Secretary 
shall consult with appropriate entities, including providers of services 
for migrant and seasonal Head Start programs. The Secretary shall, after 
taking into consideration the need and demand for migrant and seasonal 
Head Start programs (and such services), ensure that there is an 
adequate level of such services for eligible children of migrant 
farmworkers before approving an increase in the allocation of funds 
provided under such subsection for unserved eligible children of 
seasonal farmworkers. In serving the eligible children of seasonal 
farmworkers, the Secretary shall ensure that services provided by 
migrant and seasonal Head Start programs do not duplicate or overlap 
with other Head Start services available to eligible children of such 
farmworkers.
    (3) In carrying out this subchapter, the Secretary shall continue 
the administrative arrangement responsible for meeting the needs of 
children of migrant and seasonal farmworkers and Indian children and 
shall ensure that appropriate funding is provided to meet such needs.

(Pub. L. 97-35, title VI, Sec. 640, Aug. 13, 1981, 95 Stat. 499; Pub. L. 
98-558, title I, Sec. 103, Oct. 30, 1984, 98 Stat. 2878; Pub. L. 99-425, 
title I, Sec. 102, Sept. 30, 1986, 100 Stat. 966; Pub. L. 101-476, title 
IX, Sec. 901(d), Oct. 30, 1990, 104 Stat. 1151; Pub. L. 101-501, title 
I, Secs. 104(a), 105, 123(b), Nov. 3, 1990, 104 Stat. 1224, 1228, 1237; 
Pub. L. 102-119, Sec. 26(g), Oct. 7, 1991, 105 Stat. 607; Pub. L. 102-
401, Sec. 2(a)-(d), (k)(1), Oct. 7, 1992, 106 Stat. 1956, 1958; Pub. L. 
103-252, title I, Sec. 105, May 18, 1994, 108 Stat. 626; Pub. L. 104-
193, title I, Sec. 110(t), Aug. 22, 1996, 110 Stat. 2175; Pub. L. 105-
285, title I, Sec. 106(a)-(d), Oct. 27, 1998, 112 Stat. 2705-2711.)

                       References in Text

    The Individuals with Disabilities Education Act, referred to in 
subsecs. (a)(5)(C)(iv) and (d), is title VI of Pub. L. 91-230, Apr. 13, 
1970, 84 Stat. 175, as amended. Part C of the Act is classified 
generally to subchapter III (Sec. 1431 et seq.) of chapter 33 of Title 
20, Education. Section 619 of the Act is classified to section 1419 of 
Title 20. For complete classification of this Act to the Code, see 
section 1400 of Title 20 and Tables.
    This subchapter, referred to in subsec. (j), was in the original 
``this Act'' and was translated as reading ``this subchapter'', meaning 
subchapter B (Secs. 635-657) of chapter 8 of subtitle A of title VI of 
Pub. L. 97-35, Aug. 13, 1981, 95 Stat. 499, known as the Head Start Act, 
which is classified generally to this subchapter, to reflect the 
probable intent of Congress.


                               Amendments

    1998--Subsec. (a)(2). Pub. L. 105-285, Sec. 106(a)(1)(F), inserted 
at end of concluding provisions ``No Freely Associated State may receive 
financial assistance under this subchapter after fiscal year 2002.''
    Subsec. (a)(2)(A). Pub. L. 105-285, Sec. 106(a)(1)(A), substituted 
``Head Start programs, services for children with disabilities, and 
migrant and seasonal Head Start programs'' for ``and migrant Head Start 
programs and services for handicapped children'', ``Head Start programs 
and by migrant and seasonal'' for ``and migrant'' before ``Head Start 
programs'' in two places, and ``1998'' for ``1994''.
    Subsec. (a)(2)(B). Pub. L. 105-285, Sec. 106(a)(1)(B), substituted 
``(B) payments, subject to paragraph (7)--'', cls. (i) to (iii), and 
``according'' for ``(B) payments to Guam, American Samoa, the Federated 
States of Micronesia, the Republic of the Marshall Islands, Palau, the 
Commonwealth of the Northern Mariana Islands, and the Virgin Islands 
according''.
    Subsec. (a)(2)(C). Pub. L. 105-285, Sec. 106(a)(1)(C), substituted 
``, of which not less than $3,000,000 of the amount appropriated for 
such fiscal year shall be made available to carry out activities 
described in section 9843(c)(4) of this title;'' for ``; and''.
    Subsec. (a)(2)(D). Pub. L. 105-285, Sec. 106(a)(1)(D), which 
directed substitution of ``carried out under paragraph (1), (2), or (3) 
of section 9836a(d) of this title related to correcting deficiencies and 
conducting proceedings to terminate the designation of Head Start 
agencies; and'' for ``related to the development and implementation of 
quality improvement plans under section 9836a(d)(2) of this title.'', 
was executed by making the substitution for ``related to the development 
and implementation of quality improvement plans under section 
9836a(d)(2) of this title).''
    Subsec. (a)(2)(E). Pub. L. 105-285, Sec. 106(a)(1)(E), added subpar. 
(E).
    Subsec. (a)(3)(A)(i)(I). Pub. L. 105-285, Sec. 106(a)(2)(A), 
substituted ``60 percent of such excess amount for fiscal year 1999, 50 
percent of such excess amount for fiscal year 2000, 47.5 percent of such 
excess amount for fiscal year 2001, 35 percent of such excess amount for 
fiscal year 2002, and 25 percent of such excess amount for fiscal year 
2003;'' for ``25 percent of such excess amount;''.
    Subsec. (a)(3)(B)(ii). Pub. L. 105-285, Sec. 106(a)(2)(B)(i), 
substituted ``adequate numbers of qualified staff'' for ``adequate 
qualified staff'' and inserted ``and children with disabilities'' before 
``, when appropriate''.
    Subsec. (a)(3)(B)(iv). Pub. L. 105-285, Sec. 106(a)(2)(B)(ii), 
inserted before period at end ``, and to encourage the staff to 
continually improve their skills and expertise by informing the staff of 
the availability of Federal and State incentive and loan forgiveness 
programs for professional development''.
    Subsec. (a)(3)(B)(v). Pub. L. 105-285, Sec. 106(a)(2)(B)(iii), 
inserted ``and collaboration efforts for such programs'' before period 
at end.
    Subsec. (a)(3)(B)(vi). Pub. L. 105-285, Sec. 106(a)(2)(B)(iv), 
inserted before period at end ``, and are accessible to children with 
disabilities and their parents''.
    Subsec. (a)(3)(B)(vii), (viii). Pub. L. 105-285, 
Sec. 106(a)(2)(B)(v), (vi), added cl. (vii) and redesignated former cl. 
(vii) as (viii).
    Subsec. (a)(3)(C)(i)(I). Pub. L. 105-285, Sec. 106(a)(2)(C)(i)(I), 
substituted ``this paragraph'' for ``this subparagraph'', ``of classroom 
teachers and other staff'' for ``of staff'', and ``qualified staff, 
including recruitment and retention pursuant to achieving the 
requirements set forth in section 9843a(a) of this title'' for ``such 
staff'', and inserted at end ``Preferences in awarding salary increases, 
in excess of cost-of-living allowances, with such funds shall be granted 
to classroom teachers and staff who obtain additional training or 
education related to their responsibilities as employees of a Head Start 
program.''
    Subsec. (a)(3)(C)(i)(II). Pub. L. 105-285, Sec. 106(a)(2)(C)(i)(II), 
substituted ``this subparagraph'' for ``the subparagraph''.
    Subsec. (a)(3)(C)(i)(III). Pub. L. 105-285, 
Sec. 106(a)(2)(C)(i)(III), added subcl. (III).
    Subsec. (a)(3)(C)(ii). Pub. L. 105-285, Sec. 106(a)(2)(C)(ii), 
amended cl. (ii) generally. Prior to amendment, cl. (ii) read as 
follows: ``To pay transportation costs incurred by Head Start agencies 
to enable eligible children to participate in a Head Start program.''
    Subsec. (a)(3)(C)(v) to (vii). Pub. L. 105-285, 
Sec. 106(a)(2)(C)(iii), (iv), redesignated cls. (vi) and (vii) as (v) 
and (vi), respectively, and struck out former cl. (v) which read as 
follows: ``To make nonstructural and minor structural changes, and to 
acquire and install equipment, for the purpose of improving facilities 
necessary to expand the availability, or enhance the quality, of Head 
Start programs.''
    Subsec. (a)(3)(D)(i)(II). Pub. L. 105-285, Sec. 106(a)(2)(D), 
substituted ``Head Start programs and migrant and seasonal'' for ``and 
migrant''.
    Subsec. (a)(4). Pub. L. 105-285, Sec. 106(a)(3)(C), inserted 
concluding provisions.
    Subsec. (a)(4)(A). Pub. L. 105-285, Sec. 106(a)(3)(A), substituted 
``1998'' for ``1981''.
    Subsec. (a)(4)(B). Pub. L. 105-285, Sec. 106(a)(3)(B), amended 
subpar. (B) generally. Prior to amendment, subpar. (B) read as follows:
    ``(B)(i) 33\1/3\ percent of any amount available after all 
allotments have been made under subparagraph (A) for such fiscal year 
shall be distributed on the basis of the relative number of children 
from birth through 18 years of age, on whose behalf payments are made 
under the State program of assistance funded under part A of title IV of 
the Social Security Act in each State as compared to all States; and
    ``(ii) 66\2/3\ percent of such amount shall be distributed on the 
basis of the relative number of children from birth through 5 years of 
age living with families with incomes below the poverty line in each 
State as compared to all States.''
    Subsec. (a)(5)(A). Pub. L. 105-285, Sec. 106(a)(4)(A), substituted 
``subparagraphs (B) and (D)'' for ``subparagraph (B)''.
    Subsec. (a)(5)(B). Pub. L. 105-285, Sec. 106(a)(4)(B), inserted 
before period at end ``and to encourage Head Start agencies to 
collaborate with entities involved in State and local planning processes 
(including the State lead agency administering the financial assistance 
received under subchapter II-B of this chapter and the entities 
providing resource and referral services in the State) in order to 
better meet the needs of low-income children and families''.
    Subsec. (a)(5)(C)(i)(I). Pub. L. 105-285, Sec. 106(a)(4)(C)(i), 
inserted ``the appropriate regional office of the Administration for 
Children and Families and'' before ``agencies''.
    Subsec. (a)(5)(C)(iii). Pub. L. 105-285, Sec. 106(a)(4)(C)(ii), 
struck out ``and'' at end.
    Subsec. (a)(5)(C)(iv). Pub. L. 105-285, Sec. 106(a)(4)(C)(iii), 
substituted ``education, and community service activities,'' for 
``education, and national service activities,'', ``activities'' for 
``and activities'' before ``relating to children with disabilities'', 
and ``(including coordination of services with those State officials who 
are responsible for administering part C and section 619 of the 
Individuals with Disabilities Education Act (20 U.S.C. 1431-1445, 
1419)), and services for homeless children;'' for period at end.
    Subsec. (a)(5)(C)(v), (vi). Pub. L. 105-285, Sec. 106(a)(4)(C)(iv), 
added cls. (v) and (vi).
    Subsec. (a)(5)(D) to (F). Pub. L. 105-285, Sec. 106(a)(4)(D), (E), 
added subpars. (D) and (E) and redesignated former subpar. (D) as (F).
    Subsec. (a)(6). Pub. L. 105-285, Sec. 106(a)(5), designated existing 
provisions as subpar. (A), substituted ``7.5 percent for fiscal year 
1999, 8 percent for fiscal year 2000, 9 percent for fiscal year 2001, 10 
percent for fiscal year 2002, and 10 percent for fiscal year 2003, of 
the amount appropriated pursuant to section 9834(a) of this title, 
except as provided in subparagraph (B).'' for ``3 percent for fiscal 
year 1995, 4 percent for each of fiscal years 1996 and 1997, and 5 
percent for fiscal year 1998, of the amount appropriated pursuant to 
section 9834(a) of this title.'', and added subpars. (B) and (C).
    Subsec. (d). Pub. L. 105-285, Sec. 106(b)(2), which directed 
striking out ``(as defined in section 1401(a) of title 20)'', was 
executed by striking out ``(as defined in section 1401(a)(1) of title 
20)'' after ``children with disabilities'' to reflect the probable 
intent of Congress.
    Pub. L. 105-285, Sec. 106(b)(1), (3), substituted ``1999'' for 
``1982'' and inserted at end ``Such policies and procedures shall 
require Head Start agencies to coordinate programmatic efforts with 
efforts to implement part C and section 619 of the Individuals with 
Disabilities Education Act (20 U.S.C. 1431-1445, 1419).''.
    Subsec. (g)(2)(A). Pub. L. 105-285, Sec. 106(c)(1)(A), inserted 
before semicolon at end ``, and the performance history of the applicant 
in providing services under other Federal programs (other than the 
program carried out under this subchapter)''.
    Subsec. (g)(2)(C). Pub. L. 105-285, Sec. 106(c)(1)(B), inserted ``, 
and organizations and public entities serving children with 
disabilities'' before semicolon at end.
    Subsec. (g)(2)(D). Pub. L. 105-285, Sec. 106(c)(1)(C), inserted 
before semicolon at end ``and the extent to which, and manner in which, 
the applicant demonstrates the ability to collaborate and participate 
with other local community providers of child care or preschool services 
to provide full-working-day full calendar year services''.
    Subsec. (g)(2)(E). Pub. L. 105-285, Sec. 106(c)(1)(D), substituted 
``program or any other early childhood program;'' for ``program; and''.
    Subsec. (g)(2)(G), (H). Pub. L. 105-285, Sec. 106(c)(1)(E), (F), 
added subpars. (G) and (H).
    Subsec. (g)(4). Pub. L. 105-285, Sec. 106(c)(2), added par. (4).
    Subsec. (l). Pub. L. 105-285, Sec. 106(d), designated existing 
provisions as par. (1), substituted ``migrant and seasonal Head Start 
programs'' for ``migrant Head Start programs'' in two places and 
``migrant and seasonal farmworker families'' for ``migrant families'', 
and added pars. (2) and (3).
    1996--Subsec. (a)(4)(B)(i). Pub. L. 104-193 substituted ``State 
program of assistance funded'' for ``program of aid to families with 
dependent children under a State plan approved''.
    1994--Subsec. (a)(1). Pub. L. 103-252, Sec. 105(b)(1), substituted 
``through (4), and subject to paragraphs (5) and (6)'' for ``through 
(5)''.
    Subsec. (a)(2)(A). Pub. L. 103-252, Sec. 105(b)(2)(A), substituted 
``1994'' for ``1990''.
    Subsec. (a)(2)(D). Pub. L. 103-252, Sec. 105(b)(2)(B), inserted 
``(including payments for all costs (other than compensation of Federal 
employees) of reviews of Head Start agencies and programs under section 
9836a(c) of this title, and of activities related to the development and 
implementation of quality improvement plans under section 9836a(d)(2) of 
this title)'' after ``Secretary''.
    Subsec. (a)(3)(A), (B). Pub. L. 103-252, Sec. 105(a)(2), added 
subpars. (A) and (B). Former subpars. (A) and (B) redesignated subpars. 
(C) and (D), respectively.
    Subsec. (a)(3)(C). Pub. L. 103-252, Sec. 105(a)(1)-(3), redesignated 
subpar. (A) as (C), substituted in introductory provisions ``Quality 
improvement funds shall be used to carry out any or all of the following 
activities:'' for ``For any fiscal year for which the amount 
appropriated under section 9834(a) of this title exceeds the adjusted 
appropriation, the Secretary shall reserve the quality improvement funds 
for such fiscal year, for one or more of the following quality 
improvement activities:'', and added cl. (vii).
    Subsec. (a)(3)(D). Pub. L. 103-252, Sec. 105(a)(1), redesignated 
subpar. (B) as (D).
    Subsec. (a)(3)(D)(i). Pub. L. 103-252, Sec. 105(a)(4)(A), (b)(3), 
struck out ``for the first, second, and third fiscal years for which 
funds are so reserved'' after ``subparagraph (A)'' in introductory 
provisions, substituted ``paragraph (4)'' for ``paragraph (5)'' in 
subcl. (I), and inserted ``geographical areas specified in subsection 
(a)(2)(B) of this section and Indian and migrant Head Start programs,'' 
after ``States,'' in subcl. (II).
    Subsec. (a)(3)(D)(ii). Pub. L. 103-252, Sec. 105(b)(3), substituted 
``paragraph (4)'' for ``paragraph (5)''.
    Pub. L. 103-252, Sec. 105(a)(4)(B), (E), redesignated cl. (iv) as 
(ii) and struck out former cl. (ii) which read as follows: ``Funds 
reserved under subparagraph (A) for any fiscal year subsequent to the 
third fiscal year for which funds are so reserved shall be allotted by 
the Secretary among the States in the same proportion as the Secretary 
allots funds among the States under paragraph (5) for the respective 
subsequent fiscal year.''
    Subsec. (a)(3)(D)(iii). Pub. L. 103-252, Sec. 105(a)(4)(B), (E), 
redesignated cl. (vi) as (iii) and struck out former cl. (iii) which 
read as follows: ``To be expended for the activities specified in 
subparagraph (A) in the first fiscal, second, and third fiscal years for 
which funds are required by such subparagraph to be reserved, funds 
allotted under clause (i)(I) shall be used by the Secretary to make a 
grant to each Head Start agency that receives a grant from funds 
allotted under paragraph (5) for such fiscal year, in the amount that 
bears the same ratio to the amount allotted under clause (i)(I) for such 
fiscal year for the State in which such agency is located as the number 
of children participating in the Head Start program of such agency in 
such fiscal year bears to the number of children participating in all 
Head Start programs in such State in such fiscal year.''
    Subsec. (a)(3)(D)(iv). Pub. L. 103-252, Sec. 105(a)(4)(E), 
redesignated cl. (iv) as (ii).
    Pub. L. 103-252, Sec. 105(a)(4)(C), substituted ``Funds'' for ``To 
be expended for the activities specified in subparagraph (A) in each 
subsequent fiscal year for which funds are required by such subparagraph 
to be reserved, funds'' and ``clause (i)'' for ``clause (ii)'', inserted 
``, for expenditure for activities specified in subparagraph (C)'', and 
struck out at end ``The aggregate amount of grants made under this 
clause to Head Start agencies in a State for a fiscal year may not 
exceed the amount allotted under clause (ii) for such State for such 
fiscal year.''
    Subsec. (a)(3)(D)(v). Pub. L. 103-252, Sec. 105(a)(4)(E), struck out 
cl. (v) which read as follows: ``If a Head Start agency certifies for 
such fiscal year to the Secretary that it does not need any funds under 
subparagraph (A), or does not need part of such funds it would otherwise 
receive under clause (iii) or (iv), then unneeded funds shall be used by 
the Secretary to make grants under this subparagraph without regard to 
such agency.''
    Subsec. (a)(3)(D)(vi). Pub. L. 103-252, Sec. 105(a)(4)(E), 
redesignated cl. (vi) as (iii).
    Pub. L. 103-252, Sec. 105(a)(4)(D), substituted ``paragraph (2) or 
(4)'' for ``paragraphs (2), (4), and (5)''.
    Subsec. (a)(4). Pub. L. 103-252, Sec. 105(b)(4), (5), redesignated 
par. (5) as (4), substituted ``Subject to section 9834(b) of this title, 
the Secretary'' for ``The Secretary'', and struck out former par. (4), 
which related to Secretary reserving sums for grants to carry out early 
childhood intervention programs, known as ``Parent-Child Centers''.
    Subsec. (a)(5), (6). Pub. L. 103-252, Sec. 105(b)(6), added pars. 
(5) and (6). Former pars. (5) and (6) redesignated (4) and (7), 
respectively.
    Subsec. (a)(7). Pub. L. 103-252, Sec. 105(b)(4), redesignated par. 
(6) as (7).
    Subsec. (g). Pub. L. 103-252, Sec. 105(c), designated existing 
provisions as par. (1) and added pars. (2) and (3).
    Subsec. (h). Pub. L. 103-252, Sec. 105(d), substituted ``Financial 
assistance provided under this subchapter may be used by each Head Start 
program to'' for ``Each Head Start program may''.
    Subsecs. (j) to (l). Pub. L. 103-252, Sec. 105(e), added subsecs. 
(j) to (l).
    1992--Subsec. (a)(2)(A). Pub. L. 102-401, Sec. 2(k)(1)(A)(i)(I), 
inserted ``children'' after ``handicapped''.
    Subsec. (a)(2)(B). Pub. L. 102-401, Sec. 2(k)(1)(A)(i)(II), 
substituted ``Commonwealth of'' for ``Commonwealth of,''.
    Subsec. (a)(2)(C). Pub. L. 102-401, Sec. 2(k)(1)(A)(i)(III), 
substituted ``such fiscal year'' for ``any such fiscal year''.
    Subsec. (a)(3)(A)(vi). Pub. L. 102-401, Sec. 2(k)(1)(A)(ii), 
substituted ``paragraph (2)(C)'' for ``subsection (a)(2)(C) of this 
section''.
    Subsec. (a)(3)(B)(i). Pub. L. 102-401, Sec. 2(a)(1), substituted ``, 
second, and third'' for ``and second''.
    Subsec. (a)(3)(B)(ii). Pub. L. 102-401, Sec. 2(a)(2), substituted 
``third'' for ``second''.
    Subsec. (a)(3)(B)(iii). Pub. L. 102-401, Sec. 2(a)(1), substituted 
``, second, and third'' for ``and second''.
    Subsec. (a)(4)(B)(i)(II). Pub. L. 102-401, Sec. 2(b), inserted ``, 
literacy,'' after ``skills''.
    Subsec. (a)(5)(B)(i). Pub. L. 102-401, Sec. 2(k)(1)(A)(iii), 
substituted ``subparagraph (A)'' for ``clause (A)''.
    Subsec. (b). Pub. L. 102-401, Sec. 2(c), struck out ``, in 
accordance with regulations establishing objective criteria,'' after 
``if the Secretary determines'' and inserted after first sentence ``For 
the purpose of making such determination, the Secretary shall take into 
consideration with respect to the Head Start program involved--'' and 
cls. (1) to (5).
    Subsec. (g). Pub. L. 102-401, Sec. 2(k)(1)(B), substituted ``Price 
Index For All'' for ``Price Index for all''.
    Subsec. (i). Pub. L. 102-401, Sec. 2(d), added subsec. (i).
    1991--Subsec. (d). Pub. L. 102-119 substituted ``section 1401(a)(1) 
of title 20'' for ``paragraph (1) of section 1401 of title 20''. The 
references to section 1401 of title 20 include the substitution of 
``Individuals with Disabilities Education Act'' for ``Education of the 
Handicapped Act'' in the original.
    1990--Subsec. (a)(1). Pub. L. 101-501, Sec. 104(a)(1), substituted 
``through (5)'' for ``and (3)''.
    Subsec. (a)(2). Pub. L. 101-501, Sec. 104(a)(2)(D), (E), struck out 
before last sentence ``The minimum reservation contained in clause (C) 
of this paragraph shall not apply in any fiscal year in which the 
appropriation for the program authorized by this subchapter is less than 
the amount appropriated for fiscal year 1984.'' and inserted ``or 
paragraph (3)'' after ``under this paragraph'' in last sentence.
    Subsec. (a)(2)(A). Pub. L. 101-501, Sec. 104(a)(2)(A), substituted 
``, except that there shall be made available for each fiscal year for 
use by Indian and migrant Head Start programs, on a nationwide basis, 
not less than the amount that was obligated for use by Indian and 
migrant Head Start programs for fiscal year 1990'' for ``children, 
except that there shall be made available for use by Indian and migrant 
Head Start programs, on a nationwide basis, no less funds for fiscal 
year 1987 and each subsequent fiscal year than were obligated for use by 
Indian and migrant Head Start programs for fiscal year 1985''.
    Subsec. (a)(2)(B). Pub. L. 101-501, Sec. 104(a)(2)(B), substituted 
``the Federated States of Micronesia, the Republic of the Marshall 
Islands, Palau, the Commonwealth of'' for ``the Trust Territory of the 
Pacific Islands''.
    Subsec. (a)(2)(C). Pub. L. 101-501, Sec. 104(a)(2)(C), substituted 
``2 percent of the amount appropriated for any such fiscal year'' for 
``the amount expended for training and technical assistance activities 
under this clause for fiscal year 1982''.
    Subsec. (a)(3), (4). Pub. L. 101-501, Sec. 104(a)(5), added pars. 
(3) and (4). Former pars. (3) and (4) redesignated (5) and (6), 
respectively.
    Subsec. (a)(5). Pub. L. 101-501, Sec. 104(a)(3), (4), redesignated 
par. (3) as (5) and struck out ``87 percent of the'' after ``allot the 
remaining''.
    Subsec. (a)(6). Pub. L. 101-501, Sec. 104(a)(4), (6), redesignated 
par. (4) as (6), inserted ``the Commonwealth of'' before ``the Northern 
Mariana'', and substituted ``the Federated States of Micronesia, the 
Republic of the Marshall Islands, and Palau'' for ``or the Trust 
Territory of the Pacific Islands''.
    Subsec. (d). Pub. L. 101-501, Sec. 105(1), struck out sentence at 
end requiring Secretary to report to Congress at least annually on 
status of children with disabilities in Head Start programs.
    Pub. L. 101-476, Sec. 901(d), substituted ``children with 
disabilities'' for ``handicapped children'' in two places and 
substituted ``disabling'' for ``handicapping''.
    Subsecs. (f), (g). Pub. L. 101-501, Sec. 105(2), added subsecs. (f) 
and (g).
    Subsec. (h). Pub. L. 101-501, Sec. 123(b), added subsec. (h).
    1986--Subsec. (a)(2)(A). Pub. L. 99-425, in amending cl. (A) 
generally, designated existing subcl. (i) as all of cl. (A), substituted 
``1987'' for ``1982'' and ``1985'' for ``1981'', and struck out subcl. 
(ii) relating to cost-of-living adjustments.
    1984--Subsec. (a)(2). Pub. L. 98-558 inserted ``as described in 
section 9843 of this title, in an amount for each fiscal year which is 
not less than the amount expended for training and technical assistance 
activities under this clause for fiscal year 1982'' in cl. (C), and 
inserted at end ``The minimum reservation contained in clause (C) of 
this paragraph shall not apply in any fiscal year in which the 
appropriation for the program authorized by this subchapter is less than 
the amount appropriated for fiscal year 1984. No funds reserved under 
this paragraph may be combined with funds appropriated under any other 
Act if the purpose of combining funds is to make a single discretionary 
grant or a single discretionary payment, unless such funds appropriated 
under this subchapter are separately identified in such grant or payment 
and are used for the purposes of this subchapter.''


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-193 effective July 1, 1997, with transition 
rules relating to State options to accelerate such date, rules relating 
to claims, actions, and proceedings commenced before such date, rules 
relating to closing out of accounts for terminated or substantially 
modified programs and continuance in office of Assistant Secretary for 
Family Support, and provisions relating to termination of entitlement 
under AFDC program, see section 116 of Pub. L. 104-193, as amended, set 
out as an Effective Date note under section 601 of this title.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-252 effective May 18, 1994, but not 
applicable to Head Start agencies and other recipients of financial 
assistance under the Head Start Act (42 U.S.C. 9831 et seq.) until Oct. 
1, 1994, see section 127 of Pub. L. 103-252, set out as a note under 
section 9832 of this title.


                    Effective Date of 1992 Amendment

    Section 4 of Pub. L. 102-401 provided that:
    ``(a) Effective Dates.--(1) Except as provided in paragraph (2) and 
subsection (b), this Act [amending this section and sections 9835a to 
9839, 9846, 9846a, and 9858n of this title and enacting provisions set 
out as a note under section 9836 of this title] and the amendments made 
by this Act shall take effect on the date of the enactment of this Act 
[Oct. 7, 1992].
    ``(2) The amendment made by section 2(e)(1) [amending section 9836 
of this title] shall take effect on July 30, 1992.
    ``(b) Application of Amendments.--The amendments made by this Act, 
other than the amendment made by section 2(e)(1), shall not apply with 
respect to fiscal years beginning before October 1, 1992.''


                    Effective Date of 1990 Amendments

    Amendment by Pub. L. 101-501 effective Oct. 1, 1990, see section 
1001(a) of Pub. L. 101-501, set out as a note under section 8621 of this 
title.
    Amendment by Pub. L. 101-476 effective Oct. 1, 1990, see section 
1001 of Pub. L. 101-476, set out as a note under section 1087ee of Title 
20, Education.


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-425 effective Oct. 1, 1986, see section 1001 
of Pub. L. 99-425, set out as a note under section 8621 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 9832, 9839, 9840, 9840a, 
9843, 9843a, 9844, 9846 of this title.
