Skip to content
Congress Index

119th Congress

Menu

119th Congress

Title 42 — The Public Health and Welfare

Chapter 105 — Community Services Programs

§ 9858n. Definitions

Statutory text

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);

(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 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 individual—

(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 attending a job training or educational program; or

(ii)

is receiving, or needs to receive, protective services and resides with a parent or parents not described in clause (i).

(5)

English learner

The term “English learner” means an individual who is an English learner, as defined in section 7801 of title 20, or who is limited English proficient, as defined in section 9832 of this title.

(6)

Eligible child care provider

The term “eligible child care provider” means—

(A)

a center-based child care provider, a group home child care provider, a family child care provider, or other provider of child care services for compensation that—

(i)

is licensed, regulated, or registered under State law as described in section 9858c(c)(2)(F) of this title; and

(ii)

satisfies the State and local requirements, including those referred to in section 9858c(c)(2)(I) of this title;

applicable to the child care services it provides; or

(B)

a child care provider that is 18 years of age or older who provides child care services only to eligible children who are, by affinity or consanguinity, or by court decree, the grandchild, great grandchild, sibling (if such provider lives in a separate residence), niece, or nephew of such provider, if such provider complies with any applicable requirements that govern child care provided by the relative involved.

(7)

Family child care provider

The term “family child care provider” means one individual who provides child care services for fewer than 24 hours per day, as the sole caregiver, and in a private residence.

(8)

Indian tribe

The term “Indian tribe” has the meaning given it in section 5304(e) of title 25.

(9)

Lead agency

The term “lead agency” means the agency designated or established under section 9858b(a) of this title.

(10)

Parent

The term “parent” includes a legal guardian, foster parent, or other person standing in loco parentis.

(11)

Scientifically valid research

The term “scientifically valid research” includes applied research, basic research, and field-initiated research, for which the rationale, design, and interpretation are soundly developed in accordance with principles of scientific research.

(12)

Secretary

The term “Secretary” means the Secretary of Health and Human Services unless the context specifies otherwise.

(13)

Sliding fee scale

The term “sliding fee scale” means a system of cost sharing by a family based on income and size of the family.

(14)

State

The term “State” means any of the several States, the District of Columbia, the Virgin Islands of the United States, the Commonwealth of Puerto Rico, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

(15)

Tribal organization

(A)

In general

The term “tribal organization” has the meaning given it in section 5304(l) of title 25.

(B)

Other organizations

Such term includes a Native Hawaiian Organization, as defined in section 4909(4) 1 of title 20 and a private nonprofit organization established for the purpose of serving youth who are Indians or Native Hawaiians.

Footnotes

  1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 97–35 title VI § 658P · 95 Stat. 357

    Enacted · 42 U.S.C. § 9858n

    Pub. L. 97–35, title VI, § 658P, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–248

    Source evidence

    Code source credit
    Pub. L. 97–35, title VI, § 658P, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–248

  2. Head Start Improvement Act of 1992

    Pub. L. 102–401 § 3(a) · 106 Stat. 1956

    Added · 42 U.S.C. § 9858n

    Pub. L. 102–401, § 3(a), and Pub. L. 102–586, § 8(c)(1), made identical technical corrections to directory language of Pub. L. 101–508, § 5082(2), which added this section

    Source evidence

    Code amendment note
    Pub. L. 102–401, § 3(a), and Pub. L. 102–586, § 8(c)(1), made identical technical corrections to directory language of Pub. L. 101–508, § 5082(2), which added this section.

    Enacted provision · exact public law section
    (a) Placement of Act.— Section 5082 of the Omnibus Budget 42 USC 9858 et seq. Reconciliation Act of 1990 (Public Law 101–508; 104 Stat. 1388–236) is amended in the matter preceding paragraph (1) by striking “title IV” and inserting “title VI”.

  3. Head Start Improvement Act of 1992

    Pub. L. 102–401 § 3(b)(1) · 106 Stat. 1956

    Substituted · 42 U.S.C. § 9858n(7)

    Pub. L. 102–401, § 3(b)(1), substituted “section 5304(e) of title 25” for “section 5304(b) of title 25”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–401, § 3(b)(1), substituted “section 5304(e) of title 25” for “section 5304(b) of title 25”.

    Enacted provision · exact public law section
    (1) in paragraph (7)— (A) by striking “section 4(b)” and inserting “section 4(e)”, and (B) by striking “(25 U.S.C. 450b(b))” and inserting “(25 U.S.C. 450b(e))”, and

  4. Head Start Improvement Act of 1992

    Pub. L. 102–401 § 3(b)(2) · 106 Stat. 1956

    Substituted · 42 U.S.C. § 9858n(14)

    Pub. L. 102–401, § 3(b)(2), substituted “section 5304(l) of title 25” for “section 5304(c) of title 25”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–401, § 3(b)(2), substituted “section 5304(l) of title 25” for “section 5304(c) of title 25”.

    Enacted provision · exact public law section
    (2) in paragraph (14)— (A) by striking “section 4(c)” and inserting “section 4(1)”, and (B) by striking “(25 U.S.C. 450b(c))” and inserting “(25 U.S.C. 450b(l))”.

  5. Pub. L. 102–586 § 8(c)(2)(A) · 106 Stat. 4982

    Substituted · 42 U.S.C. § 9858n(7)

    Pub. L. 102–586, § 8(c)(2)(A), as amended by Pub. L. 103–171, which directed the amendment of par. (7) by substituting “section 5304(e) of title 25” for “section 5304(b) of title 25”, could not be executed because the words “section 5304(b) of title 25” did not appear subsequent to execution of the amendment by Pub. L. 102–401, § 3(b)(1). See below

    Source evidence

    Code amendment note
    Par. (7). Pub. L. 102–586, § 8(c)(2)(A), as amended by Pub. L. 103–171, which directed the amendment of par. (7) by substituting “section 5304(e) of title 25” for “section 5304(b) of title 25”, could not be executed because the words “section 5304(b) of title 25” did not appear subsequent to execution of the amendment by Pub. L. 102–401, § 3(b)(1). See below.

    Enacted provision · exact public law section
    (A) in paragraph (7), by striking “4(b)” and inserting “4(e)”; and

  6. Pub. L. 102–586 § 8(c)(2)(B) · 106 Stat. 4982

    Substituted · 42 U.S.C. § 9858n(14)

    Pub. L. 102–586, § 8(c)(2)(B), as amended by Pub. L. 103–171, which directed the amendment of par. (14) by substituting “section 5304(l) of title 25” for “section 5304(c) of title 25”, could not be executed because the words “section 5304(c) of title 25” did not appear subsequent to execution of the amendment by Pub. L. 102–401, § 3(b)(2). See below

    Source evidence

    Code amendment note
    Par. (14). Pub. L. 102–586, § 8(c)(2)(B), as amended by Pub. L. 103–171, which directed the amendment of par. (14) by substituting “section 5304(l) of title 25” for “section 5304(c) of title 25”, could not be executed because the words “section 5304(c) of title 25” did not appear subsequent to execution of the amendment by Pub. L. 102–401, § 3(b)(2). See below.

    Enacted provision · exact public law section
    (B) in paragraph (14), by striking “4(c)” and inserting “4(1)”.

  7. Older Americans Act Technical Amendments of 1993

    Pub. L. 103–171 § 8 · 107 Stat. 1988

    Changed · 42 U.S.C. § 9858n(7); 42 U.S.C. § 9858n(14)

    Pub. L. 103–171 made technical correction to directory language of Pub. L. 102–586, § 8(c)(2). See 1992 Amendment note below

    Source evidence

    Code amendment note
    Pars. (7), (14). Pub. L. 103–171 made technical correction to directory language of Pub. L. 102–586, § 8(c)(2). See 1992 Amendment note below.

    Enacted provision · exact public law section
    SEC. 8. TECHNICAL AMENDMENTS WITH RESPECT TO CHILD CARE. 42 USC 9858h, 9858q, 9858n. Section 8 of Public Law 102–586 is amended by striking “Child Care and Development Block Grant Act Amendments of 1992” each place it appears and inserting “Child Care and Development Block Grant Act of 1990”.

  8. Child Care and Development Block Grant Amendments of 1996

    Pub. L. 104–193 § 614(1) · 110 Stat. 2105

    Inserted · 42 U.S.C. § 9858n(2)

    Pub. L. 104–193, § 614(1), in first sentence, inserted “or as a deposit for child care services if such a deposit is required of other children being cared for by the provider” after “payment for child care services”

    Source evidence

    Code amendment note
    Par. (2). Pub. L. 104–193, § 614(1), in first sentence, inserted “or as a deposit for child care services if such a deposit is required of other children being cared for by the provider” after “payment for child care services”.

    Enacted provision · exact public law section
    (1) in paragraph (2), in the first sentence by inserting “or as a deposit for child care services if such a deposit is required of other children being cared for by the provider” after “child care services”; and

  9. Child Care and Development Block Grant Amendments of 1996

    Pub. L. 104–193 § 614(2) · 110 Stat. 2105

    Struck · 42 U.S.C. § 9858n(3)

    Pub. L. 104–193, § 614(2), struck out heading and text of par. (3). Text read as follows: “The term ‘elementary school’ means a day or residential school that provides elementary education, as determined under State law.”

    Source evidence

    Code amendment note
    Par. (3). Pub. L. 104–193, § 614(2), struck out heading and text of par. (3). Text read as follows: “The term ‘elementary school’ means a day or residential school that provides elementary education, as determined under State law.”

    Enacted provision · exact public law section
    (2) by striking paragraph (3);

  10. Child Care and Development Block Grant Amendments of 1996

    Pub. L. 104–193 § 614(3) · 110 Stat. 2105

    Substituted · 42 U.S.C. § 9858n(4)(B)

    Pub. L. 104–193, § 614(3), substituted “85 percent” for “75 percent”

    Source evidence

    Code amendment note
    Par. (4)(B). Pub. L. 104–193, § 614(3), substituted “85 percent” for “75 percent”.

    Enacted provision · exact public law section
    (3) in paragraph (4)(B), by striking “75 percent” and inserting “85 percent”;

  11. Child Care and Development Block Grant Amendments of 1996

    Pub. L. 104–193 § 614(4) · 110 Stat. 2105

    1. Inserted · 42 U.S.C. § 9858n(5)(B)

      Pub. L. 104–193, § 614(4), inserted “great grandchild, sibling (if such provider lives in a separate residence),” after “grandchild,”

    2. Struck · 42 U.S.C. § 9858n(5)(B)

      Pub. L. 104–193, § 614(4), struck out “is registered and” after “such provider”

    3. Substituted · 42 U.S.C. § 9858n(5)(B)

      Pub. L. 104–193, § 614(4), substituted “any applicable requirements” for “any State requirements”

    Source evidence

    Code amendment note
    Par. (5)(B). Pub. L. 104–193, § 614(4), inserted “great grandchild, sibling (if such provider lives in a separate residence),” after “grandchild,”, struck out “is registered and” after “such provider”, and substituted “any applicable requirements” for “any State requirements”.

    Enacted provision · exact public law section
    (4) in paragraph (5)(B)— (A) by inserting “great grandchild, sibling (if such provider lives in a separate residence),” after “grandchild,”; (B) by striking “is registered and”; and (C) by striking “State” and inserting “applicable”.

  12. Child Care and Development Block Grant Amendments of 1996

    Pub. L. 104–193 § 614(5) · 110 Stat. 2105

    Struck · 42 U.S.C. § 9858n(10)

    Pub. L. 104–193, § 614(5), struck out heading and text of par. (10). Text read as follows: “The term ‘secondary school’ means a day or residential school which provides secondary education, as determined under State law.”

    Source evidence

    Code amendment note
    Par. (10). Pub. L. 104–193, § 614(5), struck out heading and text of par. (10). Text read as follows: “The term ‘secondary school’ means a day or residential school which provides secondary education, as determined under State law.”

    Enacted provision · exact public law section
    (5) by striking paragraph (10);

  13. Child Care and Development Block Grant Amendments of 1996

    Pub. L. 104–193 § 614(6) · 110 Stat. 2105

    1. Inserted · 42 U.S.C. § 9858n(13)

      Pub. L. 104–193, § 614(6), inserted “or” after “Samoa,”

    2. Struck · 42 U.S.C. § 9858n(13)

      Pub. L. 104–193, § 614(6), struck out “, and the Trust Territory of the Pacific Islands” after “Northern Mariana Islands”

    Source evidence

    Code amendment note
    Par. (13). Pub. L. 104–193, § 614(6), inserted “or” after “Samoa,” and struck out “, and the Trust Territory of the Pacific Islands” after “Northern Mariana Islands”.

    Enacted provision · exact public law section
    (6) in paragraph (13)— (A) by inserting “or” after “Samoa,”; and (B) by striking “, and the Trust Territory of the Pacific Islands”;

  14. Child Care and Development Block Grant Amendments of 1996

    Pub. L. 104–193 § 614(7) · 110 Stat. 2105

    1. Amended · 42 U.S.C. § 9858n(14)

      Pub. L. 104–193, § 614(7), designated existing text as subpar. (A)

    2. Inserted · 42 U.S.C. § 9858n(14)

      Pub. L. 104–193, § 614(7), inserted heading

    3. Added · 42 U.S.C. § 9858n(14)

      Pub. L. 104–193, § 614(7), added subpar. (B)

    Source evidence

    Code amendment note
    Par. (14). Pub. L. 104–193, § 614(7), designated existing text as subpar. (A), inserted heading, and added subpar. (B).

    Enacted provision · exact public law section
    (7) in paragraph (14)— (A) by striking “The term” and inserting the following: “(A) In general.— The term”; and (B) by adding at the end thereof the following new subparagraph: “(B) Other organizations.— Such term includes a Native Hawaiian Organization, as defined in section 4009(4) of the Augustus F. Hawkins-Robert T. Stafford Elementary and Secondary School Improvement Amendments of 1988 (20 U.S.C. 4909(4)) and a private nonprofit organization established for the purpose of serving youth who are Indians or Native Hawaiians.”.

  15. Balanced Budget Act of 1997

    Pub. L. 105–33 title V § 5602(5) · 111 Stat. 251

    Substituted · 42 U.S.C. § 9858n(13)

    Pub. L. 105–33 substituted “and” for “or” after “American Samoa,”

    Source evidence

    Code amendment note
    Par. (13). Pub. L. 105–33 substituted “and” for “or” after “American Samoa,”.

    Enacted provision · exact public law section
    (5) in section 658P(13), by striking “or” and inserting “and”.

  16. Child Care and Development Block Grant Act of 2014

    Pub. L. 113–186 § 10(1) · 128 Stat. 1971

    1. Added · 42 U.S.C. § 9858n(3); 42 U.S.C. § 9858n(4)

      Pub. L. 113–186, § 10(1), added pars. (3) and (4)

    2. Struck · 42 U.S.C. § 9858n(3); 42 U.S.C. § 9858n(4)

      Pub. L. 113–186, § 10(1), struck out former par. (4) which defined “eligible child”

    Source evidence

    Code amendment note
    Pars. (3), (4). Pub. L. 113–186, § 10(1), added pars. (3) and (4) and struck out former par. (4) which defined “eligible child”.

    Enacted provision · exact public law section
    (1) by striking paragraph (4) and inserting the following: “(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); “(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 et seq.); “(C) a child who is less than 13 years of age and who is eligible for services under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); 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; “(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 attending a job training or educational program; or “(ii) is receiving, or needs to receive, protective services and resides with a parent or parents not described in clause (i).” ;

  17. Child Care and Development Block Grant Act of 2014

    Pub. L. 113–186 § 10(3) · 128 Stat. 1971

    Redesignated · 42 U.S.C. § 9858n(5)

    Pub. L. 113–186, § 10(3), added par. (5). Former par. (5) redesignated (6)

    Source evidence

    Code amendment note
    Par. (5). Pub. L. 113–186, § 10(3), added par. (5). Former par. (5) redesignated (6).

    Enacted provision · exact public law section
    (3) by inserting after paragraph (4), the following: “(5) English learner.— The term ‘English learner’ means an individual who is limited English proficient, as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) or section 637 of the Head Start Act (42 U.S.C. 9832).” ;

  18. Child Care and Development Block Grant Act of 2014

    Pub. L. 113–186 § 10(2) · 128 Stat. 1971

    1. Redesignated · 42 U.S.C. § 9858n(6)

      Pub. L. 113–186, § 10(2), (4), redesignated par. (5) as (6)

    2. Redesignated · 42 U.S.C. § 9858n(6)

      Pub. L. 113–186, § 10(2), (4), substituted “9858c(c)(2)(F)” for “9858c(c)(2)(E)” in subpar. (A)(i) and “9858c(c)(2)(I)” for “9858c(c)(2)(F)” in subpar. (A)(ii). Former par. (6) redesignated (7)

    Source evidence

    Code amendment note
    Par. (6). Pub. L. 113–186, § 10(2), (4), redesignated par. (5) as (6) and substituted “9858c(c)(2)(F)” for “9858c(c)(2)(E)” in subpar. (A)(i) and “9858c(c)(2)(I)” for “9858c(c)(2)(F)” in subpar. (A)(ii). Former par. (6) redesignated (7).

    Enacted provision · exact public law section
    (2) by redesignating paragraphs (5) through (9) as paragraphs (6) through (10), respectively;

  19. Child Care and Development Block Grant Act of 2014

    Pub. L. 113–186 § 10(2) · 128 Stat. 1971

    Redesignated · 42 U.S.C. § 9858n(7); 42 U.S.C. § 9858n(8)

    Pub. L. 113–186, § 10(2), redesignated pars. (6) and (7) as (7) and (8), respectively. Former pars. (7) and (8) redesignated (8) and (9), respectively

    Source evidence

    Code amendment note
    Pars. (7), (8). Pub. L. 113–186, § 10(2), redesignated pars. (6) and (7) as (7) and (8), respectively. Former pars. (7) and (8) redesignated (8) and (9), respectively.

    Enacted provision · exact public law section
    (2) by redesignating paragraphs (5) through (9) as paragraphs (6) through (10), respectively;

  20. Child Care and Development Block Grant Act of 2014

    Pub. L. 113–186 § 10(2) · 128 Stat. 1971

    1. Redesignated · 42 U.S.C. § 9858n(9)

      Pub. L. 113–186, § 10(2), (5), redesignated par. (8) as (9)

    2. Redesignated · 42 U.S.C. § 9858n(9)

      Pub. L. 113–186, § 10(2), (5), substituted “designated or established under section 9858b(a)” for “designated under section 9858(a)”. Former par. (9) redesignated (10)

    Source evidence

    Code amendment note
    Par. (9). Pub. L. 113–186, § 10(2), (5), redesignated par. (8) as (9) and substituted “designated or established under section 9858b(a)” for “designated under section 9858(a)”. Former par. (9) redesignated (10).

    Enacted provision · exact public law section
    (2) by redesignating paragraphs (5) through (9) as paragraphs (6) through (10), respectively;

  21. Child Care and Development Block Grant Act of 2014

    Pub. L. 113–186 § 10(2) · 128 Stat. 1971

    1. Redesignated · 42 U.S.C. § 9858n(10)

      Pub. L. 113–186, § 10(2), (6), redesignated par. (9) as (10)

    2. Inserted · 42 U.S.C. § 9858n(10)

      Pub. L. 113–186, § 10(2), (6), inserted “, foster parent,” after “guardian”

    Source evidence

    Code amendment note
    Par. (10). Pub. L. 113–186, § 10(2), (6), redesignated par. (9) as (10) and inserted “, foster parent,” after “guardian”.

    Enacted provision · exact public law section
    (2) by redesignating paragraphs (5) through (9) as paragraphs (6) through (10), respectively;

  22. Child Care and Development Block Grant Act of 2014

    Pub. L. 113–186 § 10(7) · 128 Stat. 1971

    1. Added · 42 U.S.C. § 9858n(11)(15)

      Pub. L. 113–186, § 10(7), (8), added par. (11)

    2. Redesignated · 42 U.S.C. § 9858n(11)(15)

      Pub. L. 113–186, § 10(7), (8), redesignated former pars. (11) to (14) as (12) to (15), respectively

    Source evidence

    Code amendment note
    Pars. (11) to (15). Pub. L. 113–186, § 10(7), (8), added par. (11) and redesignated former pars. (11) to (14) as (12) to (15), respectively.

    Enacted provision · exact public law section
    (7) by redesignating paragraphs (11) through (14) as paragraphs (12) through (15), respectively; and

  23. Every Student Succeeds Act

    Pub. L. 114–95 title IX § 9215(p)(2) · 129 Stat. 1802

    Substituted · 42 U.S.C. § 9858n(5)

    Pub. L. 114–95 substituted “an individual who is an English learner, as defined in section 7801 of title 20, or who is limited English proficient, as defined in section 9832 of this title” for “an individual who is limited English proficient, as defined in section 7801 of title 20 or section 9832 of this title”

    Source evidence

    Code amendment note
    Par. (5). Pub. L. 114–95 substituted “an individual who is an English learner, as defined in section 7801 of title 20, or who is limited English proficient, as defined in section 9832 of this title” for “an individual who is limited English proficient, as defined in section 7801 of title 20 or section 9832 of this title”.

    Enacted provision · exact public law section
    (2) Section 658P(5) (42 U.S.C. 9858n(5)) is amended by striking “an individual who is limited English proficient, as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801) or section 637 of the Head Start Act (42 U.S.C. 9832)” and inserting “an individual who is an English learner, as defined in section 8101 of the Elementary and Secondary Education Act of 1965, or who is limited English proficient, as defined in section 637 of the Head Start Act (42 U.S.C. 9832)”.

    Effective date note
    Amendment by Pub. L. 114–95 effective Dec. 10, 2015, except with respect to certain noncompetitive programs and competitive programs, see section 5 of Pub. L. 114–95, set out as a note under section 6301 of Title 20, Education.

32 of 33 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

The Individuals with Disabilities Education Act, referred to in par. (3)(B), is title VI of Pub. L. 91–230, , 84 Stat. 175. Part C of the Act is classified generally to subchapter III (§ 1431 et seq.) of chapter 33 of Title 20, Education. For complete classification of this Act to the Code, see section 1400 of Title 20 and Tables.

Section 4909 of title 20, referred to in par. (15)(B), was repealed by Pub. L. 103–382, title III, § 363, , 108 Stat. 3975.

Amendments1992–2015 · 6 rounds

2015

Par. (5). Pub. L. 114–95 substituted “an individual who is an English learner, as defined in section 7801 of title 20, or who is limited English proficient, as defined in section 9832 of this title” for “an individual who is limited English proficient, as defined in section 7801 of title 20 or section 9832 of this title”.

2014

Pars. (3), (4). Pub. L. 113–186, § 10(1), added pars. (3) and (4) and struck out former par. (4) which defined “eligible child”.

Par. (5). Pub. L. 113–186, § 10(3), added par. (5). Former par. (5) redesignated (6).

Par. (6). Pub. L. 113–186, § 10(2), (4), redesignated par. (5) as (6) and substituted “9858c(c)(2)(F)” for “9858c(c)(2)(E)” in subpar. (A)(i) and “9858c(c)(2)(I)” for “9858c(c)(2)(F)” in subpar. (A)(ii). Former par. (6) redesignated (7).

Pars. (7), (8). Pub. L. 113–186, § 10(2), redesignated pars. (6) and (7) as (7) and (8), respectively. Former pars. (7) and (8) redesignated (8) and (9), respectively.

Par. (9). Pub. L. 113–186, § 10(2), (5), redesignated par. (8) as (9) and substituted “designated or established under section 9858b(a)” for “designated under section 9858(a)”. Former par. (9) redesignated (10).

Par. (10). Pub. L. 113–186, § 10(2), (6), redesignated par. (9) as (10) and inserted “, foster parent,” after “guardian”.

Pars. (11) to (15). Pub. L. 113–186, § 10(7), (8), added par. (11) and redesignated former pars. (11) to (14) as (12) to (15), respectively.

1997

Par. (13). Pub. L. 105–33 substituted “and” for “or” after “American Samoa,”.

1996

Par. (2). Pub. L. 104–193, § 614(1), in first sentence, inserted “or as a deposit for child care services if such a deposit is required of other children being cared for by the provider” after “payment for child care services”.

Par. (3). Pub. L. 104–193, § 614(2), struck out heading and text of par. (3). Text read as follows: “The term ‘elementary school’ means a day or residential school that provides elementary education, as determined under State law.”

Par. (4)(B). Pub. L. 104–193, § 614(3), substituted “85 percent” for “75 percent”.

Par. (5)(B). Pub. L. 104–193, § 614(4), inserted “great grandchild, sibling (if such provider lives in a separate residence),” after “grandchild,”, struck out “is registered and” after “such provider”, and substituted “any applicable requirements” for “any State requirements”.

Par. (10). Pub. L. 104–193, § 614(5), struck out heading and text of par. (10). Text read as follows: “The term ‘secondary school’ means a day or residential school which provides secondary education, as determined under State law.”

Par. (13). Pub. L. 104–193, § 614(6), inserted “or” after “Samoa,” and struck out “, and the Trust Territory of the Pacific Islands” after “Northern Mariana Islands”.

Par. (14). Pub. L. 104–193, § 614(7), designated existing text as subpar. (A), inserted heading, and added subpar. (B).

1993

Pars. (7), (14). Pub. L. 103–171 made technical correction to directory language of Pub. L. 102–586, § 8(c)(2). See 1992 Amendment note below.

1992

Pub. L. 102–401, § 3(a), and Pub. L. 102–586, § 8(c)(1), made identical technical corrections to directory language of Pub. L. 101–508, § 5082(2), which added this section.

Par. (7). Pub. L. 102–586, § 8(c)(2)(A), as amended by Pub. L. 103–171, which directed the amendment of par. (7) by substituting “section 5304(e) of title 25” for “section 5304(b) of title 25”, could not be executed because the words “section 5304(b) of title 25” did not appear subsequent to execution of the amendment by Pub. L. 102–401, § 3(b)(1). See below.

Pub. L. 102–401, § 3(b)(1), substituted “section 5304(e) of title 25” for “section 5304(b) of title 25”.

Par. (14). Pub. L. 102–586, § 8(c)(2)(B), as amended by Pub. L. 103–171, which directed the amendment of par. (14) by substituting “section 5304(l) of title 25” for “section 5304(c) of title 25”, could not be executed because the words “section 5304(c) of title 25” did not appear subsequent to execution of the amendment by Pub. L. 102–401, § 3(b)(2). See below.

Pub. L. 102–401, § 3(b)(2), substituted “section 5304(l) of title 25” for “section 5304(c) of title 25”.

Statutory Notes and Related Subsidiaries

Effective Date of 2015 Amendment

Amendment by Pub. L. 114–95 effective , except with respect to certain noncompetitive programs 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 1997 Amendment

Amendment by Pub. L. 105–33 effective as if included in the enactment of title VI of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104–193, see section 5603 of Pub. L. 105–33, set out as a note under section 618 of this title.

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–193 effective , see section 615 of Pub. L. 104–193, set out as a note under section 9858 of this title.

Effective Date of 1992 Amendments

Amendment by Pub. L. 102–586 effective , but not applicable with respect to fiscal years beginning before , see section 8(d) of Pub. L. 102–586, set out as a note under section 9858h of this title.

Amendment by Pub. L. 102–401 effective , but not applicable with respect to fiscal years beginning before , see section 4 of Pub. L. 102–401, set out as a note under section 9835 of this title.

Credits

1990–2015 · 8 acts
  1. 1990Pub. L. 97–35, title VI, § 658P, as added Pub. L. 101–508, title V, § 5082(2), , 104 Stat. 1388–248
  2. 1992amended Pub. L. 102–401, § 3, , 106 Stat. 1959
  3. 1992Pub. L. 102–586, § 8(c), , 106 Stat. 5036
  4. 1993Pub. L. 103–171, § 8, , 107 Stat. 1994
  5. 1996Pub. L. 104–193, title VI, § 614, , 110 Stat. 2287
  6. 1997Pub. L. 105–33, title V, § 5602(5), , 111 Stat. 646
  7. 2014Pub. L. 113–186, § 10, , 128 Stat. 2000
  8. 2015Pub. L. 114–95, title IX, § 9215(p)(2), , 129 Stat. 2170.
Show as published

(Pub. L. 97–35, title VI, § 658P, as added Pub. L. 101–508, title V, § 5082(2), , 104 Stat. 1388–248; amended Pub. L. 102–401, § 3, , 106 Stat. 1959; Pub. L. 102–586, § 8(c), , 106 Stat. 5036; Pub. L. 103–171, § 8, , 107 Stat. 1994; Pub. L. 104–193, title VI, § 614, , 110 Stat. 2287; Pub. L. 105–33, title V, § 5602(5), , 111 Stat. 646; Pub. L. 113–186, § 10, , 128 Stat. 2000; Pub. L. 114–95, title IX, § 9215(p)(2), , 129 Stat. 2170.)

Parsed from the official OLRC USLM XML in data/usc_all/usc42.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t42/s9858n