42 U.S.C. § 9822 — Availability of certain appropriated funds

Page 7832 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9820 Code, see Short Title note set out under section 9901 of this title and Tables. § 9820. Grants to plan economic development and cooperative programs In order to facilitate the purposes of this sub- chapter, 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 sub- chapter. (Pub. L. 97–35, title VI, § 631, Aug. 13, 1981, 95 Stat. 498.) § 9821. Nondiscrimination provisions (a) The Secretary shall not provide financial assistance for any program, project, or activity under this subchapter unless the grant or con- tract with respect thereto specifically provides that no person with responsibilities in the oper- ation thereof will discriminate with respect to any such program, project, or activity because of race, creed, color, national origin, sex, polit- ical 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 dis- crimination under, or be denied employment in connection with any program or activity receiv- ing assistance under this subchapter. The Sec- retary shall enforce the provisions of the pre- ceding 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 discrimina- tion under, or denied employment in connection with, any program, project, or activity receiving assistance under this subchapter. (Pub. L. 97–35, title VI, § 632, Aug. 13, 1981, 95 Stat. 498.) § 9822. Availability of certain appropriated funds Funds appropriated to the Rural Development Loan Fund under title VII of the Economic Op- portunity Act of 1964 [42 U.S.C. 2981 et seq.] (as in effect on August 12, 1981), and interest accu- mulated 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 pur- poses of such fund. Funds appropriated to the Community Development Credit Union Revolv- ing Loan Fund under title VII of the Economic Opportunity Act of 1964 (as in effect on August 12, 1981), and interest accumulated in such fund, shall continue to be available to carry out the purposes of such fund. (Pub. L. 97–35, title VI, § 633, Aug. 13, 1981, 95 Stat. 498.) Editorial Notes REFERENCES IN TEXT The Economic Opportunity Act of 1964, referred to in text, is Pub. L. 88–452, Aug. 20, 1964, 78 Stat. 508. Title VII of the Economic Opportunity Act of 1964 was classi- fied generally to subchapter VII (§ 2981 et seq.) of chap- ter 34 of this title, prior to repeal by Pub. L. 97–35, title VI, § 683(a), Aug. 13, 1981, 95 Stat. 519. For complete clas- sification of this Act to the Code, see Tables. CODIFICATION ‘‘August 12, 1981’’ substituted in text for ‘‘the day be- fore the date of the enactment of this Act’’. Statutory Notes and Related Subsidiaries 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 Develop- ment Credit Union Revolving Loan Fund Transfer Act’. ‘‘SEC. 2. TRANSFER OF COMMUNITY DEVELOP- MENT CREDIT UNION REVOLVING LOAN FUND. ‘‘(a) ADMINISTRATION OF FUND BY NCUA.— ‘‘(1) IN GENERAL.—Beginning on the date of the en- actment 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 en- actment 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 inter- est accumulated in the Fund which continue to be available under section 633 of the Omnibus Budget Rec- onciliation 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 begin- ning 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 in- strument 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 es- tablished under title VII of the Economic Oppor- tunity Act of 1964 [see References in Text note above] (as in effect before the date of the enactment of the Page 7833 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9831 Omnibus Budget Reconciliation Act of 1981 [Aug. 13, 1981]). ‘‘(3) SECRETARY.—The term ‘Secretary’ means the Secretary of Health and Human Services.’’ SUBCHAPTER II—HEAD START PROGRAMS Editorial Notes 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. § 9831. Statement of purpose It is the purpose of this subchapter to promote the school readiness of low-income children by enhancing their cognitive, social, and emotional development— (1) in a learning environment that supports children’s growth in language, literacy, math- ematics, science, social and emotional func- tioning, creative arts, physical skills, and ap- proaches to learning; and (2) through the provision to low-income chil- dren and their families of health, educational, nutritional, social, and other services that are determined, based on family needs assess- ments, to be necessary. (Pub. L. 97–35, title VI, § 636, Aug. 13, 1981, 95 Stat. 499; Pub. L. 101–501, title I, § 102, Nov. 3, 1990, 104 Stat. 1224; Pub. L. 105–285, title I, § 102, Oct. 27, 1998, 112 Stat. 2703; Pub. L. 110–134, § 2, Dec. 12, 2007, 121 Stat. 1363.) Editorial Notes AMENDMENTS 2007—Pub. L. 110–134 amended section generally. Prior to amendment, text read as follows: ‘‘It is the purpose of this subchapter to promote school readiness by en- hancing the social and cognitive development of low-in- come children through the provision, to low-income children and their families, of health, educational, nu- tritional, social, and other services that are deter- mined, based on family needs assessments, to be nec- essary.’’ 1998—Pub. L. 105–285 amended section catchline and text generally. Prior to amendment, text read as fol- lows: ‘‘(a) In recognition of the role which Project Head Start has played in the effective delivery of comprehen- sive 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 con- tinue 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’’. Statutory Notes and Related Subsidiaries 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. PRESCHOOL DEVELOPMENT GRANTS Pub. L. 114–95, title IX, § 9212, Dec. 10, 2015, 129 Stat. 2152, provided that: ‘‘(a) PURPOSES.—The purposes of this section are— ‘‘(1) to assist States to develop, update, or imple- ment a strategic plan that facilitates collaboration and coordination among existing programs of early childhood care and education in a mixed delivery sys- tem across the State designed to prepare low-income and disadvantaged children to enter kindergarten and to improve transitions from such system into the local educational agency or elementary school that enrolls such children, by— ‘‘(A) more efficiently using existing Federal, State, local, and non-governmental resources to align and strengthen the delivery of existing pro- grams; ‘‘(B) coordinating the delivery models and fund- ing streams existing in the State’s mixed delivery system; and ‘‘(C) developing recommendations to better use existing resources in order to improve— ‘‘(i) the overall participation of children in a mixed delivery system of Federal, State, and local early childhood education programs; ‘‘(ii) program quality while maintaining avail- ability of services; ‘‘(iii) parental choice among existing programs; and ‘‘(iv) school readiness for children from low-in- come and disadvantaged families, including dur- ing such children’s transition into elementary school; ‘‘(2) to encourage partnerships among Head Start providers, State and local governments, Indian tribes and tribal organizations, private entities (including faith- and community-based entities), and local edu- cational agencies, to improve coordination, program quality, and delivery of services; and ‘‘(3) to maximize parental choice among a mixed de- livery system of early childhood education program providers. ‘‘(b) DEFINITIONS.—In this section: ‘‘(1) ESEA DEFINITIONS.—The terms ‘elementary school’, ‘local educational agency’, and ‘State’ have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 [20 U.S.C. 7801]. ‘‘(2) CENTER OF EXCELLENCE IN EARLY CHILDHOOD.— The term ‘Center of Excellence in Early Childhood’ means a Center of Excellence in Early Childhood des- ignated under section 657B(b) of the Head Start Act (42 U.S.C. 9852b(b)). ‘‘(3) EARLY CHILDHOOD EDUCATION PROGRAM.—The term ‘early childhood education program’ has the meaning given the term in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003). ‘‘(4) EXISTING PROGRAM.—The term ‘existing pro- gram’ means a Federal, State, local, or privately- funded early childhood education program that— ‘‘(A) was operating in the State on the day before the date of enactment of this Act [Dec. 10, 2015]; or ‘‘(B) began operating in the State at any time on or after the date of enactment of this Act through funds that were not provided by a grant under this section. ‘‘(5) MIXED DELIVERY SYSTEM.—The term ‘mixed de- livery system’ means a system— ‘‘(A) of early childhood education services that are delivered through a combination of programs, providers, and settings (such as Head Start, li- censed family and center-based child care pro- grams, public schools, and community-based orga- nizations); and ‘‘(B) that is supported with a combination of pub- lic funds and private funds. ‘‘(6) SECRETARY.—The term ‘Secretary’ means the Secretary of Health and Human Services. ‘‘(7) STATE ADVISORY COUNCIL.—The term ‘State Ad- visory Council’ means a State Advisory Council on