42 U.S.C. § 9834 — Authorization of appropriations

Page 7840 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9833 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, § 103(9)(A), which directed substi- tution of ‘‘term’’ for ‘‘Term’’, could not be executed be- cause ‘‘Term’’ does not appear in par. (17). Pub. L. 105–285, § 103(1), redesignated par. (2) as (17) and transferred it to appear after par. (16). 1994—Par. (4). Pub. L. 103–252, § 102(1), (4), (5)(A), redes- ignated par. (12) as (4) and struck out former par. (4) which defined ‘‘adjusted appropriation’’. Par. (5). Pub. L. 103–252, § 102(1), (4), (5)(B), redesig- nated par. (10) as (5) and struck out former par. (5) which defined ‘‘quality improvement funds’’. Par. (6). Pub. L. 103–252, § 102(4), (5)(B), redesignated par. (11) as (6). Former par. (6) redesignated (7). Pars. (7), (8). Pub. L. 103–252, § 102(4), redesignated pars. (6) and (7) as (7) and (8), respectively. Former par. (8) redesignated (9). Par. (9). Pub. L. 103–252, § 102(4), redesignated par. (8) as (9). Former par. (9) redesignated (14). Pub. L. 103–252, § 102(2), added par. (9) and struck out former par. (9) which defined ‘‘poverty line’’. Par. (10). Pub. L. 103–252, § 102(4), (5)(C), redesignated par. (13) as (10). Former par. (10) redesignated (5). Par. (11). Pub. L. 103–252, § 102(5)(D), added par. (11). Former par. (11) redesignated (6). Par. (12). Pub. L. 103–252, § 102(5)(D), added par. (12). Former par. (12) redesignated (4). Pub. L. 103–252, § 102(3), (4), added par. (12) and redes- ignated it as (4). Par. (13). Pub. L. 103–252, § 102(5)(D), added par. (13). Former par. (13) redesignated (10). Pub. L. 103–252, § 102(3), (4), added par. (13) and redes- ignated it as (10). Par. (14). Pub. L. 103–252, § 102(4), redesignated par. (9) as (14). 1990—Par. (2). Pub. L. 101–501, § 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, § 104(b)(2), added pars. (4) and (5). Par. (6). Pub. L. 101–501, § 116(b), added par. (6). Pars. (7), (8). Pub. L. 101–501, § 117(b), added pars. (7) and (8). Par. (9). Pub. L. 101–501, § 121(b), added par. (9). Pars. (10), (11). Pub. L. 101–501, § 123(a), added pars. (10) and (11). 1984—Par. (2). Pub. L. 98–558 inserted ‘‘the Common- wealth of’’ before ‘‘the Northern Mariana Islands’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education. EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–252, title I, § 127, May 18, 1994, 108 Stat. 651, 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. § 9833. Financial assistance for Head Start pro- grams 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 a period of 5 years 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 attend- ance which (1) will provide such comprehensive health, education, parental involvement, nutri- tional, 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 chil- dren in the development, conduct, and overall program direction at the local level. (Pub. L. 97–35, title VI, § 638, Aug. 13, 1981, 95 Stat. 499; Pub. L. 100–297, title II, § 2504, Apr. 28, 1988, 102 Stat. 330; Pub. L. 103–252, title I, §§ 103, 112(c), May 18, 1994, 108 Stat. 625, 641; Pub. L. 105–285, title I, § 104, Oct. 27, 1998, 112 Stat. 2705; Pub. L. 110–134, § 4, Dec. 12, 2007, 121 Stat. 1367.) Editorial Notes AMENDMENTS 2007—Pub. L. 110–134 inserted ‘‘for a period of 5 years’’ after ‘‘provide financial assistance to such agency’’. 1998—Cl. (1). Pub. L. 105–285 substituted ‘‘enable the children’’ for ‘‘aid the children’’ and inserted ‘‘and at- tain school readiness’’ before the semicolon. 1994—Pub. L. 103–252 struck out subsec. (a) designa- tion, 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 fol- lows: ‘‘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 sub- chapter V of this chapter.’’ 1988—Pub. L. 100–297 designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–252 effective May 18, 1994, but not applicable to Head Start agencies and other re- cipients 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. § 9834. Authorization of appropriations There are authorized to be appropriated to carry out this subchapter (other than section 9852b of this title) $7,350,000,000 for fiscal year 2008, $7,650,000,000 for fiscal year 2009, $7,995,000,000 for fiscal year 2010, and such sums as may be necessary for each of fiscal years 2011 and 2012. (Pub. L. 97–35, title VI, § 639, Aug. 13, 1981, 95 Stat. 499; Pub. L. 98–558, title I, § 102, Oct. 30, Page 7841 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9835 1984, 98 Stat. 2878; Pub. L. 99–425, title I, § 101, Sept. 30, 1986, 100 Stat. 966; Pub. L. 101–120, § 2, Oct. 23, 1989, 103 Stat. 700; Pub. L. 101–501, title I, §§ 103, 120(b), 140, Nov. 3, 1990, 104 Stat. 1224, 1236, 1242; Pub. L. 103–252, title I, § 104, May 18, 1994, 108 Stat. 625; Pub. L. 105–285, title I, § 105, Oct. 27, 1998, 112 Stat. 2705; Pub. L. 110–134, § 5, Dec. 12, 2007, 121 Stat. 1367.) Editorial Notes AMENDMENTS 2007—Pub. L. 110–134 amended section generally. Prior to amendment, section related to authorization of ap- propriations to carry out this subchapter for fiscal years 1999 through 2003 and availability of amount ap- propriated. 1998—Subsec. (a). Pub. L. 105–285, § 105(1), substituted ‘‘1999 through 2003’’ for ‘‘1995 through 1998’’. Subsec. (b)(1) to (3). Pub. L. 105–285, § 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 re- search under section 9844(e) of this title.’’ 1994—Subsec. (a). Pub. L. 103–252, § 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, § 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 nec- essary for fiscal years 1991 through 1996. ‘‘(c)(1) If the amount appropriated under subsection (a) of this section for fiscal year 1991 exceeds the ad- justed appropriation, the Secretary shall make avail- able 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, § 140, added subsec. (c). Pub. L. 101–501, § 120(b), designated existing provisions as subsec. (a), inserted ‘‘(other than section 9846a of this title)’’ after ‘‘of this subchapter’’, and added sub- sec. (b). Pub. L. 101–501, § 103, struck out ‘‘$1,198,000,000 for fis- cal year 1987, $1,263,000,000 for fiscal year 1988, $1,332,000,000 for fiscal year 1989, and’’ after ‘‘of this sub- chapter’’ 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, sub- stituting ‘‘$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 fis- cal 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’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–252 effective May 18, 1994, but not applicable to Head Start agencies and other re- cipients 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. § 9835. Allotment of funds (a) Distribution of appropriations; priorities, etc. (1) Using the sums appropriated pursuant to section 9834 of this title for a fiscal year, the Secretary shall allocate such sums in accord- ance with paragraphs (2) through (5). (2)(A) The Secretary shall determine an amount for each fiscal year for each State that is equal to the amount received through base grants for the prior fiscal year by the Head Start agencies (including Early Head Start agencies) in the State that are not described in clause (ii) or (iii) of subparagraph (B). (B) The Secretary shall reserve for each fiscal year such sums as are necessary— (i) to provide each amount determined for a State under subparagraph (A) to the Head Start agencies (including Early Head Start agencies) in the State that are not described in clause (ii) or (iii), by allotting to each agen- cy described in this clause an amount equal to that agency’s base grant for the prior fiscal year; (ii) to provide an amount for the Indian Head Start programs that is equal to the amount provided for base grants for such pro- grams under this subchapter for the prior fis- cal year, by allotting to each Head Start agen- cy (including each Early Head Start agency) administering an Indian Head Start program an amount equal to that agency’s base grant for the prior fiscal year; (iii) to provide an amount for the migrant and seasonal Head Start programs, on a na- tionwide basis, that is equal to the amount provided nationwide for base grants for such programs under this subchapter for the prior fiscal year, by allotting to each Head Start agency administering a migrant or seasonal Head Start program an amount equal to that agency’s base grant for the prior fiscal year; (iv) to provide an amount for each of Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of Palau, and the Virgin Islands of the United States (for Head Start agencies (including Early Head Start agencies) in the jurisdiction) that is equal to the amount provided for base grants for such jurisdiction under this sub- chapter for the prior fiscal year, by allotting to each agency described in this clause an amount equal to that agency’s base grant for the prior fiscal year;