§ 9857. Short title and purposes
(a) Short title
This subchapter may be cited as the ‘‘Child
Care and Development Block Grant Act of 1990’’.
(b) Purposes
The purposes of this subchapter are—
(1) to allow each State maximum flexibility
in developing child care programs and policies
that best suit the needs of children and par-
ents within that State;
(2) to promote parental choice to empower
working parents to make their own decisions
Page 7909
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 9858
regarding the child care services that best suit
their family’s needs;
(3) to encourage States to provide consumer
education information to help parents make
informed choices about child care services and
to promote involvement by parents and family
members in the development of their children
in child care settings;
(4) to assist States in delivering high-qual-
ity, coordinated early childhood care and edu-
cation services to maximize parents’ options
and support parents trying to achieve inde-
pendence from public assistance;
(5) to assist States in improving the overall
quality of child care services and programs by
implementing the health, safety, licensing,
training, and oversight standards established
in this subchapter and in State law (including
State regulations);
(6) to improve child care and development of
participating children; and
(7) to increase the number and percentage of
low-income children in high-quality child care
settings.
(Pub. L. 97–35, title VI, § 658A, as added Pub. L.
101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat.
1388–236; amended Pub. L. 102–401, § 3(a), Oct. 7,
1992, 106 Stat. 1959; Pub. L. 102–586, § 8(c)(1), Nov.
4, 1992, 106 Stat. 5036; Pub. L. 104–193, title VI,
§ 602, Aug. 22, 1996, 110 Stat. 2279; Pub. L. 1
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Authority boundary: historical or unconfirmed source not current law verified.
Stable record: federal_law:legal_authorities:uscode2024_f6353b5d093b520c8511ad02 Source file: Laws/federal/codes/united-states-code-2024/title-42/section-9857-short-title-and-purposes--2dd0f61484.md Pages: Not recorded – Not recorded Passage SHA-256: 5dd4f9178f7243fd991f569fc61f10fa54b7ab000c644300d8a734933d9b99ea Retained source evidence SHA-256: e51b39f8b399cd1846862e9e066f0b35a797b887fe4fc9dfbb45db8aa42dacc6
Page 7908
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 9852c
and in such manner as the Secretary may re-
quire, that contains a description of the ac-
tivities the center carried out with funds re-
ceived under this section, including a descrip-
tion of how such funds improved services for
children and families.
(f) Authorization of appropriations
There are authorized to be appropriated such
sums as may be necessary for each of fiscal
years 2008 through 2012 to make bonus grants to
centers of excellence under subsection (b) to
carry out activities described in subsection (d)
and research and report activities described in
subsection (e).
(Pub. L. 97–35, title VI, § 657B, as added Pub. L.
110–134, § 26, Dec. 12, 2007, 121 Stat. 1444; amended
Pub. L. 114–95, title IX, § 9215(nn)(6), Dec. 10, 2015,
129 Stat. 2177.)
Editorial Notes
REFERENCES IN TEXT
The Elementary and Secondary Education Act of
1965, referred to in subsec. (c)(1)(B)(vi)(III), is Pub. L.
89–10, Apr. 11, 1965, 79 Stat. 27. Title I of the Act is clas-
sified generally to subchapter I (§ 6301 et seq.) of chap-
ter 70 of Title 20, Education. For complete classifica-
tion of this Act to the Code, see Short Title note set
out under section 6301 of Title 20 and Tables.
The Individuals with Disabilities Education Act, re-
ferred to in subsec. (c)(1)(B)(vi)(IV), is title VI of Pub.
L. 91–230, Apr. 13, 1970, 84 Stat. 175. Part C of the Act
is classified generally to subchapter III (§ 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.
AMENDMENTS
2015—Subsec. (c)(1)(B)(vi)(III) to (VII). Pub. L. 114–95
redesignated subcls. (IV) to (VII) as (III) to (VI), respec-
tively, in subcl. (III) as redesignated, struck out
‘‘other’’ before ‘‘preschool programs’’ and substituted
‘‘the Elementary and Secondary Education Act of 1965’’
for ‘‘that Act’’, and struck out former subcl. (III) which
read as follows: ‘‘Early Reading First and Even Start
programs carried out under subparts 2 and 3 of part B
of title I of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 6371 et seq., 6381 et seq.);’’.
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.
§ 9852c. General provisions
(a) Limitation
Nothing in this subchapter shall be construed
to authorize or permit the Secretary or any em-
ployee or contractor of the Department of
Health and Human Services to mandate, direct,
or control, the selection of a curriculum, a pro-
gram of instruction, or instructional materials,
for a Head Start program.
(b) Special rule
Nothing in this subchapter shall be construed
to authorize a Head Start program or a local
educational agency to require the other to se-
lect or implement a specific curriculum or pro-
gram of instruction.
(c) Definition
In this subchapter, the term ‘‘health’’, when
used to refer to services or care provided to en-
rolled children, their parents, or their siblings,
shall be interpreted to refer to both physical and
mental health.
(Pub. L. 97–35, title VI, § 657C, as added Pub. L.
110–134, § 27, Dec. 12, 2007, 121 Stat. 1448.)
SUBCHAPTER II–A—HEAD START
TRANSITION PROJECT
§§ 9855 to 9855g. Repealed. Pub. L. 105–285, title
I, § 119, Oct. 27, 1998, 112 Stat. 2728
Section 9855, Pub. L. 101–501, title I, § 132, Nov. 3, 1990,
104 Stat. 1238; Pub. L. 103–382, title III, § 391(v)(1), Oct.
20, 1994, 108 Stat. 4025, defined terms used in this sub-
chapter.
Section 9855a, Pub. L. 101–501, title I, § 133, Nov. 3,
1990, 104 Stat. 1238; Pub. L. 103–252, title I, § 125(a), May
18, 1994, 108 Stat. 650, related to Head Start transition
grants.
Section 9855b, Pub. L. 101–501, title I, § 134, Nov. 3,
1990, 104 Stat. 1238; Pub. L. 103–382, title III, § 391(v)(2),
(3), Oct. 20, 1994, 108 Stat. 4025, related to eligibility for
Head Start transition grants.
Section 9855c, Pub. L. 101–501, title I, § 135, Nov. 3,
1990, 104 Stat. 1239; Pub. L. 103–382, title III, § 391(v)(4),
Oct. 20, 1994, 108 Stat. 4025, related to requirements for
awarding Head Start transition grants.
Section 9855d, Pub. L. 101–501, title I, § 136, Nov. 3,
1990, 104 Stat. 1239; Pub. L. 102–119, § 26(d), Oct. 7, 1991,
105 Stat. 607; Pub. L. 103–382, title III, § 391(v)(5)–(7), Oct.
20, 1994, 108 Stat. 4025, related to applications for Head
Start transition grants.
Section 9855e, Pub. L. 101–501, title I, § 137, Nov. 3,
1990, 104 Stat. 1241, related to evaluation of and report
on programs assisted under Head Start transition
project.
Section 9855f, Pub. L. 101–501, title I, § 138, Nov. 3, 1990,
104 Stat. 1242, related to payments and Federal share of
payments under Head Start transition project.
Section 9855g, Pub. L. 101–501, title I, § 139, Nov. 3,
1990, 104 Stat. 1242, related to coordination with pro-
grams established under the Follow Through Act.
SUBCHAPTER II–B—CHILD CARE AND
DEVELOPMENT BLOCK GRANT
Editorial Notes
CODIFICATION
Subchapter is based on subchapter C of chapter 8 of
subtitle A of title VI of Pub. L. 97–35, as added by Pub.
L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat.
1388–236, and amended by Pub. L. 102–401, § 3(a), Oct. 7,
1992, 106 Stat. 1959; Pub. L. 102–586, § 8(c)(1), Nov. 4, 1992,
106 Stat. 5036.
§ 9857. Short title and purposes
(a) Short title
This subchapter may be cited as the ‘‘Child
Care and Development Block Grant Act of 1990’’.
(b) Purposes
The purposes of this subchapter are—
(1) to allow each State maximum flexibility
in developing child care programs and policies
that best suit the needs of children and par-
ents within that State;
(2) to promote parental choice to empower
working parents to make their own decisions
Page 7909
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 9858
regarding the child care services that best suit
their family’s needs;
(3) to encourage States to provide consumer
education information to help parents make
informed choices about child care services and
to promote involvement by parents and family
members in the development of their children
in child care settings;
(4) to assist States in delivering high-qual-
ity, coordinated early childhood care and edu-
cation services to maximize parents’ options
and support parents trying to achieve inde-
pendence from public assistance;
(5) to assist States in improving the overall
quality of child care services and programs by
implementing the health, safety, licensing,
training, and oversight standards established
in this subchapter and in State law (including
State regulations);
(6) to improve child care and development of
participating children; and
(7) to increase the number and percentage of
low-income children in high-quality child care
settings.
(Pub. L. 97–35, title VI, § 658A, as added Pub. L.
101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat.
1388–236; amended Pub. L. 102–401, § 3(a), Oct. 7,
1992, 106 Stat. 1959; Pub. L. 102–586, § 8(c)(1), Nov.
4, 1992, 106 Stat. 5036; Pub. L. 104–193, title VI,
§ 602, Aug. 22, 1996, 110 Stat. 2279; Pub. L. 113–186,
§ 2, Nov. 19, 2014, 128 Stat. 1971.)
Editorial Notes
CODIFICATION
Subsection (a) of this section was formerly set out as
a note under section 9801 of this title. Subsection (b) of
this section was formerly set out as a note under sec-
tion 9858 of this title.
AMENDMENTS
2014—Pub. L. 113–186 amended section generally. Prior
to amendment, text read as follows:
‘‘(a) SHORT TITLE.—This subchapter may be cited as
the ‘Child Care and Development Block Grant Act of
1990’.
‘‘(b) GOALS.—The goals of this subchapter are—
‘‘(1) to allow each State maximum flexibility in de-
veloping child care programs and policies that best
suit the needs of children and parents within such
State;
‘‘(2) to promote parental choice to empower work-
ing parents to make their own decisions on the child
care that best suits their family’s needs;
‘‘(3) to encourage States to provide consumer edu-
cation information to help parents make informed
choices about child care;
‘‘(4) to assist States to provide child care to parents
trying to achieve independence from public assist-
ance; and
‘‘(5) to assist States in implementing the health,
safety, licensing, and registration standards estab-
lished in State regulations.’’
1996—Pub. L. 104–193 inserted ‘‘and goals’’ after
‘‘title’’ in section catchline, designated existing provi-
sions as subsec. (a), inserted heading, and added subsec.
(b).
1992—Pub. L. 102–401 and Pub. L. 102–586 made iden-
tical technical corrections to directory language of
Pub. L. 101–508, § 5082(2), which added this section.
§ 9858. Authorization of appropriations
There is authorized to be appropriated to
carry out this subchapter $2,360,000,000 for fiscal
year 2015, $2,478,000,000 for fiscal year 2016,
$2,539,950,000 for fiscal year 2017, $2,603,448,750 for
fiscal year 2018, $2,668,534,969 for fiscal year 2019,
and $2,748,591,018 for fiscal year 2020.
(Pub. L. 97–35, title VI, § 658B, as added Pub. L.
101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat.
1388–236; amended Pub. L. 102–401, § 3(a), Oct. 7,
1992, 106 Stat. 1959; Pub. L. 102–586, § 8(c)(1), Nov.
4, 1992, 106 Stat. 5036; Pub. L. 104–193, title VI,
§ 603(a), Aug. 22, 1996, 110 Stat. 2279; Pub. L.
113–186, § 3, Nov. 19, 2014, 128 Stat. 1971.)
Editorial Notes
AMENDMENTS
2014—Pub.
L.
113–186
substituted
‘‘subchapter
$2,360,000,000 for fiscal year 2015, $2,478,000,000 for fiscal
year 2016, $2,539,950,000 for fiscal year 2017, $2,603,448,750
for fiscal year 2018, $2,668,534,969 for fiscal year 2019, and
$2,748,591,018 for fiscal year 2020’’ for ‘‘subchapter
$1,000,000,000 for each of the fiscal years 1996 through
2002’’.
1996—Pub. L. 104–193 reenacted section catchline
without change and amended text generally. Prior to
amendment, text read as follows: ‘‘There are authorized
to be appropriated to carry out this subchapter,
$750,000,000 for fiscal year 1991, $825,000,000 for fiscal
year 1992, $925,000,000 for fiscal year 1993, and such sums
as may be necessary for each of the fiscal years 1994
and 1995.’’
1992—Pub. L. 102–401 and Pub. L. 102–586 made iden-
tical technical corrections to directory language of
Pub. L. 101–508, § 5082(2), which added this section.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1996 AMENDMENT
Pub. L. 104–193, title VI, § 615, Aug. 22, 1996, 110 Stat.
2287, provided that:
‘‘(a) IN GENERAL.—Except as provided in subsection
(b), this title [see Short title of 1996 Amendment note
set out under section 9801 of this title] and the amend-
ments made by this title shall take effect on October 1,
1996.
‘‘(b) EXCEPTION.—The amendment made by section
603(a) [amending this section] shall take effect on the
date of enactment of this Act [Aug. 22, 1996].’’
CHILD CARE STABILIZATION
Pub. L. 117–2, title II, § 2202, Mar. 11, 2021, 135 Stat. 31,
provided that:
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) COVID–19
PUBLIC
HEALTH
EMERGENCY.—The
term ‘COVID–19 public health emergency’ means the
public health emergency declared by the Secretary of
Health and Human Services under section 319 of the
Public Health Service Act (42 U.S.C. 247d) on January
31, 2020, with respect to COVID–19, including any re-
newal of the declaration.
‘‘(2) ELIGIBLE CHILD CARE PROVIDER.—The term ‘eli-
gible child care provider’ means—
‘‘(A) an eligible child care provider as defined in
section 658P of the Child Care and Development
Block Grant Act of 1990 (42 U.S.C. 9858n); or
‘‘(B) a child care provider that is licensed, regu-
lated, or registered in the State, territory, or In-
dian Tribe on the date of enactment of this Act
[Mar. 11, 2021] and meets applicable State and local
health and safety requirements.
‘‘(b) CHILD CARE STABILIZATION FUNDING.—In addition
to amounts otherwise available, there is appropriated
for fiscal year 2021, out of any amounts in the Treasury
not otherwise appropriated, $23,975,000,000, to remain
available through September 30, 2021, for grants under
this section in accordance with the Child Care and De-
velopment Block Grant Act of 1990 [42 U.S.C. 9857 et
seq.].
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Emergencies** If the Secretary determines, after consultation with such public health officials as may be necessary, that—
(1) a disease or disorder presents a public health emergency; or
(2) a public health emergency, including significant outbreaks of infectious diseases or bioterrorist attacks, otherwise exists,
the Secretary may take such action as may be appropriate to respond to the public health emergency, including making grants, providing awards for expenses, and entering into contracts and conducting and supporting investigations into the cause, treatment, or prevention of a disease or disorder as described in paragraphs (1) and (2). Any such determination of a public health emergency terminates upon the Secretary declaring that the emergency no longer exists, or upon the expiration of the 90-day period beginning on the date on which the determination is made by the Secretary, whichever occurs first. Determinations that terminate under the preceding sentence may be renewed by the Secretary (on the basis of the same or additional facts), and the preceding sentence applies to each such renewal. Not later than 48 hours after making a determination under this subsection of a public health emergency (including a renewal), the Secretary shall submit to the Congress written notification of the determination.
**(b) Public Health Emergency Fund**
(1) **In general** — There is established in the Treasury a fund to be designated as the “Public Health Emergency Fund” to be made available to the Secretary without fiscal year limitation to carry out subsection (a) only if a public health emergency has been declared by the Secretary under such subsection or if the Secretary determines there is the significant potential for a public health emergency, to allow the Se
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 247d. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 247d. Public health emergencies
(a) Emergencies
If the Secretary determines, after consulta-
tion with such public health officials as may be
necessary, that—
(1) a disease or disorder presents a public
health emergency; or
(2) a public health emergency, including sig-
nificant outbreaks of infectious diseases or
bioterrorist attacks, otherwise exists,
the Secretary may take such action as may be
appropriate to respond to the public health
emergency, including making grants, providing
awards for expenses, and entering into contracts
and conducting and supporting investigations
into the cause, treatment, or prevention of a
disease or disorder as described in paragraphs (1)
and (2). Any such determination of a public
health emergency terminates upon the Sec-
retary declaring that the emergency no longer
exists, or upon the expiration of the 90-day pe-
riod beginning on the date on which the deter-
mination is made by the Secretary, whichever
occurs first. Determinations that terminate
under the preceding sentence may be renewed by
the Secretary (on the basis of the same or addi-
tional facts), and the preceding sentence applies
to each such renewal. Not later than 48 hours
after making a determination under this sub-
section of a public health emergency (including
a renewal), the Secretary shall submit to the
Congress written notification of the determina-
tion.
(b) Public Health Emergency Fund
(1) In general
There is established in the Treasury a fund
to be designated as the ‘‘Public Health Emer-
gency Fund’’ to be made available to the Sec-
retary without fiscal year limitation to carry
out subsection (a) only if a public health emer-
gency has been declared by the Secretary
under such subsection or if the Secretary de-
termines there is t
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 247d. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Short title** This subchapter may be cited as the “Child Care and Development Block Grant Act of 1990”.
**(b) Purposes** The purposes of this subchapter are—
(1) to allow each State maximum flexibility in developing child care programs and policies that best suit the needs of children and parents within that State;
(2) to promote parental choice to empower working parents to make their own decisions regarding the child care services that best suit their family’s needs;
(3) to encourage States to provide consumer education information to help parents make informed choices about child care services and to promote involvement by parents and family members in the development of their children in child care settings;
(4) to assist States in delivering high-quality, coordinated early childhood care and education services to maximize parents’ options and support parents trying to achieve independence from public assistance;
(5) to assist States in improving the overall quality of child care services and programs by implementing the health, safety, licensing, training, and oversight standards established in this subchapter and in State law (including State regulations);
(6) to improve child care and development of participating children; and
(7) to increase the number and percentage of low-income children in high-quality child care settings.
As used in this subchapter:
(1) **Caregiver** — The term “caregiver” means an individual who provides a service directly to an eligible child on a person-to-person basis.
(2) **Child care certificate** — The term “child care certificate” means a certificate (that may be a check or other disbursement) that is issued by a State or local government under this subchapter directly to a parent who may use such certificate only as payment for child care services or as a deposit for child care services if such a deposit is required of other children being cared for by the provider. Nothing in this subchapter shall preclude the use of such certificates for sectarian child care services if freely chosen by the parent. For purposes of this subchapter, child care certificates shall not be considered to be grants or contracts.
(3) **Child with a disability** — The term “child with a disability” means—
(A) a child with a disability, as defined in section 602 of the Individuals with Disabilities Education Act ([20 U.S.C. 1401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1401&num=0&edition=prelim));
(B) a child who is eligible for early intervention services under part C of the Individuals with Disabilities Education Act ([20 U.S.C. 1431](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1431&num=0&edition=prelim) et seq.);
(C) a child who is less than 13 years of age and who is eligible for services under [section 794 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section794&num=0&edition=prelim); and
(D) a child with a disability, as defined by the State involved.
(4) **Eligible child** — The term “eligible child” means an individual—
(A) who is less than 13 years of age;
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 9858n. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
§ 9858n. Definitions
As used in this subchapter:
(1) Caregiver
The term ‘‘caregiver’’ means an individual
who provides a service directly to an eligible
child on a person-to-person basis.
(2) Child care certificate
The term ‘‘child care certificate’’ means a
certificate (that may be a check or other dis-
bursement) that is issued by a State or local
government under this subchapter directly to
a parent who may use such certificate only as
payment for child care services or as a deposit
for child care services if such a deposit is re-
quired of other children being cared for by the
provider. Nothing in this subchapter shall pre-
clude the use of such certificates for sectarian
child care services if freely chosen by the par-
ent. For purposes of this subchapter, child
care certificates shall not be considered to be
grants or contracts.
(3) Child with a disability
The term ‘‘child with a disability’’ means—
(A) a child with a disability, as defined in
section 602 of the Individuals with Disabil-
ities Education Act (20 U.S.C. 1401);
(B) a child who is eligible for early inter-
vention services under part C of the Individ-
uals with Disabilities Education Act (20
U.S.C. 1431 et seq.);
(C) a child who is less than 13 years of age
and who is eligible for services under section
794 of title 29; and
(D) a child with a disability, as defined by
the State involved.
(4) Eligible child
The term ‘‘eligible child’’ means an indi-
vidual—
(A) who is less than 13 years of age;
(B) whose family income does not exceed
85 percent of the State median income for a
family of the same size, and whose family
assets do not exceed $1,000,000 (as certified
by a member of such family); and
(C) who—
(i) resides with a parent or parents who
are working or attendi
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 9858n. This identifies an authority to review, not proof of applicability.