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The law › Title 42, The Public Health and Welfare › Chapter 105

42 U.S.C. 9835: Allotment of funds

Created in 1981 by Public Law 97-35. Changed by 12 later laws. No bill we track in this Congress changes it.

11 other sections of the Code cite this one, including 20 U.S.C. 9409, 42 U.S.C. 711, 42 U.S.C. 9836a, 42 U.S.C. 9837, 42 U.S.C. 9837b.

This Congress

No bill we track in the 119th Congress changes this section.

    How it got here

    2024

    • Pub. L. 118–42, §209(b)(6)(B)(i), inserted "the Republic of Palau," before "and the Virgin Islands". (Consolidated Appropriations Act, 2024) Law text · (a)
    • Pub. L. 118–42, §209(b)(6)(B)(ii), amended cl. (v) generally. Prior to amendment, cl. (v) read as follows: "to provide an amount for the Republic of Palau (for Head Start agencies (including Early Head Start agencies) in the jurisdiction) for each of fiscal years 2008 and 2009… (Consolidated Appropriations Act, 2024) Law text · (a)

    2007

    • Pub. L. 110–134, §6(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) related to distribution of appropriations, allotment requirements, and priorities for Head Start funds. Law text · (a)
    • Pub. L. 110–134, §6(b), amended subsec. (d) generally. Prior to amendment, text read as follows: "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… Law text · (d)
    • Pub. L. 110–134, §6(c), designated existing provisions as par. (1), substituted "Not later than 1 year after December 12, 2007, the" for "The" and "needs, including models that leverage the capacity and capabilities of the delivery system of early childhood education and development se… Law text · (f)
    • Pub. L. 110–134, §6(d)(1), (3), redesignated par. (2) as (1) and struck out former par. (1) which read as follows: "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 s… Law text · (g)
    • Pub. L. 110–134, §6(d)(3), (4), added par. (2) and redesignated former par. (2) as (1). Law text · (g)
    • Pub. L. 110–134, §6(d)(2)(A), struck out ", in allocating funds to an applicant within a State, from amounts allotted to a State pursuant to subsection (a)(4) of this section," after "Head Start programs" in introductory provisions. Law text · (g)
    • Pub. L. 110–134, §6(d)(2)(B), substituted "standards described in section 9836a(a)(1) of this title" for "performance standards". Law text · (g)
    • Pub. L. 110–134, §6(d)(2)(C), added subpar. (C) and struck out former subpar. (C) which read as follows: "the extent to which the applicant has undertaken community-wide strategic planning and needs assessments involving other community organizations and public agencies serving c… Law text · (g)
    • Pub. L. 110–134, §6(d)(2)(D), substituted "family needs assessment and communitywide strategic planning and needs assessment" for "family and community needs assessment", "reflect" for "reflects", and "the State and local" for "other local". Law text · (g)
    • Pub. L. 110–134, §6(d)(2)(E), added subpar. (E) and struck out former subpar. (E) which read as follows: "the numbers of eligible children in each community who are not participating in a Head Start program or any other early childhood program;". Law text · (g)
    • Pub. L. 110–134, §6(d)(2)(F), added subpars. (G) and (H) and struck out former subpars. (G) and (H) which read as follows: Law text · (g), (H)
    • Pub. L. 110–134, §6(d)(1), (4), added par. (3) and struck out former pars. (3) and (4) which read as follows: Law text · (g), (4)
    • Pub. L. 110–134, §6(e), inserted at end "The regulations shall also establish requirements to ensure the appropriate supervision of, and appropriate background checks for, individuals with whom the agencies contract to transport those children." Law text · (i)
    • Pub. L. 110–134, §6(f)(1), substituted "With funds made available under this subchapter to expand migrant and seasonal Head Start programs," for "With funds made available under subsection (a)(2) of this section to migrant and seasonal Head Start programs," and "children of migrant … Law text · (l)
    • Pub. L. 110–134, §6(f)(2), substituted "In determining" for "For purposes of subsection (a)(2)(A) of this section, in determining", "children of migrant farmworker families" for "children of migrant farmworkers", "under this subchapter" for "under such subsection", "children of seas… Law text · (l)
    • Pub. L. 110–134, §6(f)(3), added pars. (3) and (4) and struck out former par. (3) which read as follows: "In carrying out this subchapter, the Secretary shall continue the administrative arrangement responsible for meeting the needs of children of migrant and seasonal farmworke… Law text · (l), (4)
    • Pub. L. 110–134, §6(g), added subsecs. (m) to (o). Law text · (m), (n), (o)

    2004

    • Pub. L. 108–446, §305(l)(1), substituted "1431–1444" for "1431–1445". (Individuals with Disabilities Education Improvement Act of 2004) Law text · (a)
    • Pub. L. 108–446, §305(l)(2), substituted "U.S.C." for "U.S.C" and "1431–1444" for "1431–1445". (Individuals with Disabilities Education Improvement Act of 2004) Law text · (d)

    1998

    • Pub. L. 105–285, §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." Law text · (a)
    • Pub. L. 105–285, §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" … Law text · (a)
    • Pub. L. 105–285, §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 M… Law text · (a)
    • Pub. L. 105–285, §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". Law text · (a)
    • Pub. L. 105–285, §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 t… Law text · (a)
    • Pub. L. 105–285, §106(a)(1)(E), added subpar. (E). Law text · (a)
    • Pub. L. 105–285, §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 … Law text · (a)
    • Pub. L. 105–285, §106(a)(2)(B)(i), substituted "adequate numbers of qualified staff" for "adequate qualified staff" and inserted "and children with disabilities" before ", when appropriate". Law text · (a)
    • Pub. L. 105–285, §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 developme… Law text · (a)
    • Pub. L. 105–285, §106(a)(2)(B)(iii), inserted "and collaboration efforts for such programs" before period at end. Law text · (a)
    • Pub. L. 105–285, §106(a)(2)(B)(iv), inserted before period at end ", and are accessible to children with disabilities and their parents". Law text · (a)
    • Pub. L. 105–285, §106(a)(2)(B)(v), (vi), added cl. (vii) and redesignated former cl. (vii) as (viii). Law text · (a), (viii)
    • Pub. L. 105–285, §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)… Law text · (a)
    • Pub. L. 105–285, §106(a)(2)(C)(i)(II), substituted "this subparagraph" for "the subparagraph". Law text · (a)
    • Pub. L. 105–285, §106(a)(2)(C)(i)(III), added subcl. (III). Law text · (a)
    • Pub. L. 105–285, §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." Law text · (a)
    • Pub. L. 105–285, §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 o… Law text · (a)
    • Pub. L. 105–285, §106(a)(2)(D), substituted "Head Start programs and migrant and seasonal" for "and migrant". Law text · (a)
    • Pub. L. 105–285, §106(a)(3)(C), inserted concluding provisions. Law text · (a)
    • Pub. L. 105–285, §106(a)(3)(A), substituted "1998" for "1981". Law text · (a)
    • Pub. L. 105–285, §106(a)(3)(B), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: Law text · (a)
    • Pub. L. 105–285, §106(a)(4)(A), substituted "subparagraphs (B) and (D)" for "subparagraph (B)". Law text · (a)
    • Pub. L. 105–285, §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 o… Law text · (a)
    • Pub. L. 105–285, §106(a)(4)(C)(i), inserted "the appropriate regional office of the Administration for Children and Families and" before "agencies". Law text · (a)
    • Pub. L. 105–285, §106(a)(4)(C)(ii), struck out "and" at end. Law text · (a)
    • Pub. L. 105–285, §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 … Law text · (a)
    • Pub. L. 105–285, §106(a)(4)(C)(iv), added cls. (v) and (vi). Law text · (a), (vi)
    • Pub. L. 105–285, §106(a)(4)(D), (E), added subpars. (D) and (E) and redesignated former subpar. (D) as (F). Law text · (a)
    • Pub. L. 105–285, §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… Law text · (a)
    • Pub. L. 105–285, §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. Law text · (d)
    • Pub. L. 105–285, §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 1431–1… Law text · (d)
    • Pub. L. 105–285, §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)". Law text · (g)
    • Pub. L. 105–285, §106(c)(1)(B), inserted ", and organizations and public entities serving children with disabilities" before semicolon at end. Law text · (g)
    • Pub. L. 105–285, §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-d… Law text · (g)
    • Pub. L. 105–285, §106(c)(1)(D), substituted "program or any other early childhood program;" for "program; and". Law text · (g)
    • Pub. L. 105–285, §106(c)(1)(E), (F), added subpars. (G) and (H). Law text · (g), (H)
    • Pub. L. 105–285, §106(c)(2), added par. (4). Law text · (g)
    • Pub. L. 105–285, §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). Law text · (l)

    1996

    • Pub. L. 104–193 substituted "State program of assistance funded" for "program of aid to families with dependent children under a State plan approved". (Personal Responsibility and Work Opportunity Reconciliation Act of 1996) Law text · (a)

    1994

    • Pub. L. 103–252, §105(b)(1), substituted "through (4), and subject to paragraphs (5) and (6)" for "through (5)". · (a)
    • Pub. L. 103–252, §105(b)(2)(A), substituted "1994" for "1990". · (a)
    • Pub. L. 103–252, §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 quali… · (a)
    • Pub. L. 103–252, §105(a)(2), added subpars. (A) and (B). Former subpars. (A) and (B) redesignated subpars. (C) and (D), respectively. · (a), (B)
    • Pub. L. 103–252, §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)… · (a)
    • Pub. L. 103–252, §105(a)(1), redesignated subpar. (B) as (D). · (a)
    • Pub. L. 103–252, §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 are… · (a)
    • Pub. L. 103–252, §105(b)(3), substituted "paragraph (4)" for "paragraph (5)". · (a)
    • Pub. L. 103–252, §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… · (a)
    • Pub. L. 103–252, §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 suc… · (a)
    • Pub. L. 103–252, §105(a)(4)(E), redesignated cl. (iv) as (ii). · (a)
    • Pub. L. 103–252, §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 activi… · (a)
    • Pub. L. 103–252, §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… · (a)
    • Pub. L. 103–252, §105(a)(4)(E), redesignated cl. (vi) as (iii). · (a)
    • Pub. L. 103–252, §105(a)(4)(D), substituted "paragraph (2) or (4)" for "paragraphs (2), (4), and (5)". · (a)
    • Pub. L. 103–252, §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 p… · (a)
    • Pub. L. 103–252, §105(b)(6), added pars. (5) and (6). Former pars. (5) and (6) redesignated (4) and (7), respectively. · (a), (6)
    • Pub. L. 103–252, §105(b)(4), redesignated par. (6) as (7). · (a)
    • Pub. L. 103–252, §105(c), designated existing provisions as par. (1) and added pars. (2) and (3). · (g)
    • Pub. L. 103–252, §105(d), substituted "Financial assistance provided under this subchapter may be used by each Head Start program to" for "Each Head Start program may". · (h)
    • Pub. L. 103–252, §105(e), added subsecs. (j) to (l). · (j), (k), (l)

    1992

    • Pub. L. 102–401, §2(k)(1)(A)(i)(I), inserted "children" after "handicapped". · (a)
    • Pub. L. 102–401, §2(k)(1)(A)(i)(II), substituted "Commonwealth of" for "Commonwealth of,". · (a)
    • Pub. L. 102–401, §2(k)(1)(A)(i)(III), substituted "such fiscal year" for "any such fiscal year". · (a)
    • Pub. L. 102–401, §2(k)(1)(A)(ii), substituted "paragraph (2)(C)" for "subsection (a)(2)(C) of this section". · (a)
    • Pub. L. 102–401, §2(a)(1), substituted ", second, and third" for "and second". · (a)
    • Pub. L. 102–401, §2(a)(2), substituted "third" for "second". · (a)
    • Pub. L. 102–401, §2(a)(1), substituted ", second, and third" for "and second". · (a)
    • Pub. L. 102–401, §2(b), inserted ", literacy," after "skills". · (a)
    • Pub. L. 102–401, §2(k)(1)(A)(iii), substituted "subparagraph (A)" for "clause (A)". · (a)
    • Pub. L. 102–401, §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 He… · (b)
    • Pub. L. 102–401, §2(k)(1)(B), substituted "Price Index For All" for "Price Index for all". · (g)
    • Pub. L. 102–401, §2(d), added subsec. (i). · (i)

    1991

    • 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. · (d)

    1990

    • Pub. L. 101–501, §104(a)(1), substituted "through (5)" for "and (3)". · (a)
    • Pub. L. 101–501, §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 fo… · (a)
    • Pub. L. 101–501, §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 fo… · (a)
    • Pub. L. 101–501, §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". · (a)
    • Pub. L. 101–501, §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". · (a)
    • Pub. L. 101–501, §104(a)(5), added pars. (3) and (4). Former pars. (3) and (4) redesignated (5) and (6), respectively. · (a), (4)
    • Pub. L. 101–501, §104(a)(3), (4), redesignated par. (3) as (5) and struck out "87 percent of the" after "allot the remaining". · (a)
    • Pub. L. 101–501, §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". · (a)
    • Pub. L. 101–501, §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. · (d)
    • Pub. L. 101–476, §901(d), substituted "children with disabilities" for "handicapped children" in two places and substituted "disabling" for "handicapping". · (d)
    • Pub. L. 101–501, §105(2), added subsecs. (f) and (g). · (f), (g)
    • Pub. L. 101–501, §123(b), added subsec. (h). · (h)

    1986

    • 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. · (a)

    1984

    • 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 res… · (a)

    Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.