42 U.S.C. § 9877 — Definitions

Page 7945 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9877 1 See References in Text note below. 1 See References in Text note below. The description shall be made public within the State in such manner as to facilitate comment from any person (including any Federal or other public agency) during development of the de- scription and after its transmittal. The descrip- tion shall be revised (consistent with this sec- tion) until September 30, 1991, as may be nec- essary to reflect substantial changes in the pro- grams and activities assisted by the State under this subchapter, and any revision shall be sub- ject to the requirements of the preceding sen- tence. (2) The chief executive officer of each State shall include in such a description of— (A) the number of children who participated in before and after school child care programs assisted under this subchapter; (B) the characteristics of the children so served including age levels, handicapped con- dition, income level of families in such pro- grams; (C) the salary level and benefits paid to em- ployees in such child care programs; and (D) the number of clients served in resource and referral systems assisted under this sub- chapter, and the types of assistance they re- quested. (d) Application to Public Health Service Act Except where inconsistent with the provisions of this subchapter, the provisions of section 1903(b) [42 U.S.C. 300w–2(b)], paragraphs (1) through (5) of section 1906(a) 1 [42 U.S.C. 300w–5(a)], and sections 1906(b), 1907, 1908, and 1909 [42 U.S.C. 300w–5(b), 300w–6, 300w–7, 300w–8] of the Public Health Service Act shall apply to this subchapter in the same manner as such pro- visions apply to part A of title XIX of such Act [42 U.S.C. 300w et seq.]. (Pub. L. 97–35, title VI, § 670E, as added Pub. L. 98–558, title I, § 109, Oct. 30, 1984, 98 Stat. 2882; amended Pub. L. 101–501, title III, §§ 304, 305(b), Nov. 3, 1990, 104 Stat. 1249, 1250.) Editorial Notes REFERENCES IN TEXT The Public Health Service Act, referred to in subsec. (d), is act July 1, 1944, ch. 373, 58 Stat. 682. Part A of title XIX of the Public Health Service Act is classified generally to part A (§ 300w et seq.) of subchapter XVII of chapter 6A of this title. Section 1906(a) of the Act, which is classified to section 300w–5(a) of this title, was amended generally by Pub. L. 102–531, title I, § 104(a), Oct. 27, 1992, 106 Stat. 3473, and, as so amended, consists of pars. (1) to (4) rather than pars. (1) to (5). For com- plete classification of this Act to the Code, see Short Title note set out under section 201 of this title and Ta- bles. AMENDMENTS 1990—Subsec. (c). Pub. L. 101–501, § 305(b), which di- rected that ‘‘until September 30, 1987,’’ be struck out, could not be executed, because of the intervening amendment by Pub. L. 101–501, § 304, see below. Pub. L. 101–501, § 304, designated existing provisions as par. (1), substituted ‘‘September 30, 1991’’ for ‘‘Sep- tember 30, 1987’’, and added par. (2). 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. § 9876. Report Within three years after October 30, 1984, the Secretary shall prepare and transmit to the Sen- ate Committee on Labor and Human Resources and the House Committee on Education and Labor a report concerning the activities con- ducted by the States with amounts provided under this subchapter. (Pub. L. 97–35, title VI, § 670F, as added Pub. L. 98–558, title I, § 109, Oct. 30, 1984, 98 Stat. 2883.) Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Education and Labor of House of Rep- resentatives changed to Committee on Education and the Workforce of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. Committee on Labor and Human Resources of Senate changed to Committee on Health, Education, Labor, and Pensions of Senate by Senate Resolution No. 20, One Hundred Sixth Congress, Jan. 19, 1999. § 9877. Definitions For purposes of this subchapter— (1) the term ‘‘community center’’ means fa- cilities operated by nonprofit community- based organizations for the provision of rec- reational, social, or educational services to the general public; (2) the term ‘‘dependent’’ means— (A) an individual who has not attained the age of 17 years; (B) an individual who has attained the age of 55 years; or (C) an individual with a developmental dis- ability; (3) the term ‘‘developmental disability’’ has the same meaning as in section 15002 of this title; (4) the term ‘‘equipment’’ has the same meaning given that term by section 198(a)(8) of the Elementary and Secondary Education Act of 1965; 1 (5) the term ‘‘institution of higher edu- cation’’ has the same meaning given that term under section 1001 of title 20; (6) the term ‘‘local educational agency’’ has the same meaning given that term under sec- tion 7801 of title 20; (7) the term ‘‘school-age children’’ means children aged five through thirteen, except that in any State in which by State law chil- dren at an earlier age are provided free public education, the age provided in State law shall be substituted for age five; (8) the term ‘‘school facilities’’ means class- rooms and related facilities used for the provi- sion of education; (9) the term ‘‘Secretary’’ means the Sec- retary of Health and Human Services; Page 7946 TITLE 42—THE PUBLIC HEALTH AND WELFARE §§ 9881 to 9887 (10) the term ‘‘State’’ means each of the sev- eral States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, Amer- ican Samoa, the Virgin Islands, the Federated States of Micronesia, the Republic of the Mar- shall Islands, Palau, and the Commonwealth of the Northern Mariana Islands; and (11) the term ‘‘State educational agency’’ has the meaning given that term under section 7801 1 of title 20. (Pub. L. 97–35, title VI, § 670G, as added Pub. L. 98–558, title I, § 109, Oct. 30, 1984, 98 Stat. 2883; amended Pub. L. 99–425, title III, § 303, Sept. 30, 1986, 100 Stat. 967; Pub. L. 101–501, title III, § 305(c), Nov. 3, 1990, 104 Stat. 1250; Pub. L. 103–382, title III, § 394(l), Oct. 20, 1994, 108 Stat. 4029; Pub. L. 105–244, title I, § 102(a)(13)(H), Oct. 7, 1998, 112 Stat. 1621; Pub. L. 106–402, title IV, § 401(b)(12), Oct. 30, 2000, 114 Stat. 1739; Pub. L. 107–110, title X, § 1076(dd), Jan. 8, 2002, 115 Stat. 2093; Pub. L. 114–95, title IX, § 9215(rrr), Dec. 10, 2015, 129 Stat. 2189.) Editorial Notes REFERENCES IN TEXT Section 198 of the Elementary and Secondary Edu- cation Act of 1965, referred to in par. (4), is section 198 of Pub. L. 89–10, title I, as added Pub. L. 95–561, title I, § 101(a), Nov. 1, 1978, 92 Stat. 2198, which was classified to section 2854 of Title 20, Education, prior to the gen- eral revision of Pub. L. 89–10 by Pub. L. 100–297, title I, § 1001, Apr. 28, 1988, 102 Stat. 140. Section 7801 of title 20, referred to in par. (11), was in the original a reference to section 9101 of Pub. L. 89–10, which was renumbered section 8101 by Pub. L. 114–95, title VIII, § 8001(a)(1), Dec. 10, 2015, 129 Stat. 2089. AMENDMENTS 2015—Par. (6). Pub. L. 114–95 made technical amend- ment to reference in original act which appears in text as reference to section 7801 of title 20. 2002—Pars. (6), (11). Pub. L. 107–110 substituted ‘‘7801’’ for ‘‘8801’’. 2000—Par. (3). Pub. L. 106–402 substituted ‘‘section 15002 of this title’’ for ‘‘section 6001(7) of this title’’. 1998—Par. (5). Pub. L. 105–244, which directed amend- ment of section 670G(5) of the Child Care and Develop- ment Block Grant Act of 1990 (42 U.S.C. 9877(5)) by sub- stituting ‘‘section 1001’’ for ‘‘section 1141(a)’’, was exe- cuted to this section, which is section 670G(5) of sub- chapter E of chapter 8 of subtitle A of title VI of Pub. L. 97–35, known as the State Dependent Care Develop- ment Grants Act, to reflect the probable intent of Con- gress. 1994—Par. (6). Pub. L. 103–382, § 394(l)(1), substituted ‘‘section 8801 of title 20’’ for ‘‘section 198(a)(10) of the Elementary and Secondary Education Act of 1965’’. Par. (11). Pub. L. 103–382, § 394(l)(2), substituted ‘‘sec- tion 8801 of title 20’’ for ‘‘section 198(a)(17) of the Ele- mentary and Secondary Education Act of 1965’’. 1990—Par. (2)(C). Pub. L. 101–501, § 305(c)(1), sub- stituted ‘‘an individual’’ for ‘‘a person’’. Par. (7). Pub. L. 101–501, § 305(c)(2), inserted ‘‘in’’ after first reference to ‘‘State’’. Par. (10). Pub. L. 101–501, § 305(c)(3), substituted ‘‘Fed- erated States of Micronesia, the Republic of the Mar- shall Islands, Palau’’ for ‘‘Trust Territory of the Pa- cific Islands’’. 1986—Par. (7). Pub. L. 99–425 inserted ‘‘, except that in any State which by State law children at an earlier age are provided free public education, the age provided in State law shall be substituted for age five’’. 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 2002 AMENDMENT Amendment by Pub. L. 107–110 effective Jan. 8, 2002, except with respect to certain noncompetitive pro- grams and competitive programs, see section 5 of Pub. L. 107–110, set out as an Effective Date note under sec- tion 6301 of Title 20, Education. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–244 effective Oct. 1, 1998, except as otherwise provided in Pub. L. 105–244, see sec- tion 3 of Pub. L. 105–244, set out as a note under section 1001 of Title 20, Education. EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–501 effective Oct. 1, 1990, see section 1001(a) of Pub. L. 101–501, set out as a note under section 8621 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99–425 effective Oct. 1, 1986, see section 1001 of Pub. L. 99–425, set out as a note under section 8621 of this title. SUBCHAPTER V—COMPREHENSIVE CHILD DEVELOPMENT PROGRAM §§ 9881 to 9887. Repealed. Pub. L. 103–252, title I, §§ 112(b)(1), (2)(B), May 18, 1994, 108 Stat. 640, 641 Section 9881, Pub. L. 97–35, title VI, § 670N, as added Pub. L. 100–297, title II, § 2503, Apr. 28, 1988, 102 Stat. 326, authorized Comprehensive Child Development Program for pre-school children. See section 9840a of this title. Section 9882, Pub. L. 97–35, title VI, § 670O, as added Pub. L. 100–297, title II, § 2503, Apr. 28, 1988, 102 Stat. 328, proscribed Secretary from taking into consideration, when making a grant under former section 9881, wheth- er the applicant had applied or received funds under subchapter II of this chapter, relating to the Head Start program. Section 9883, Pub. L. 97–35, title VI, § 670P, as added Pub. L. 100–297, title II, § 2503, Apr. 28, 1988, 102 Stat. 329, related to applicability to this subchapter of rules and regulations prescribed to carry out subchapter II of this chapter to the extent that the services provided were similar. Section 9884, Pub. L. 97–35, title VI, § 670Q, as added Pub. L. 100–297, title II, § 2503, Apr. 28, 1988, 102 Stat. 329, directed Secretary to continually evaluate projects under this subchapter. Section 9885, Pub. L. 97–35, title VI, § 670R, as added Pub. L. 100–297, title II, § 2503, Apr. 28, 1988, 102 Stat. 329, directed Secretary to carry out this subchapter through the administrative entity used to carry out subchapter II of this chapter. Section 9886, Pub. L. 97–35, title VI, § 670S, as added Pub. L. 100–297, title II, § 2503, Apr. 28, 1988, 102 Stat. 329; amended Pub. L. 102–119, § 26(a), Oct. 7, 1991, 105 Stat. 607; Pub. L. 103–382, title III, § 391(x), Oct. 20, 1994, 108 Stat. 4025, provided definitions for terms used in this subchapter. Section 9887, Pub. L. 97–35, title VI, § 670T, as added Pub. L. 100–297, title II, § 2503, Apr. 28, 1988, 102 Stat. 330; amended Pub. L. 101–501, title VIII, § 801, Nov. 3, 1990, 104 Stat. 1261, authorized appropriations to carry out this subchapter.