
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC9839]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 105--COMMUNITY SERVICES PROGRAMS
 
                   SUBCHAPTER II--HEAD START PROGRAMS
 
Sec. 9839. Administrative requirements and standards


(a) Employment practices, nonpartisanship, staff accountability, public 
        access to information, etc.

    Each Head Start agency shall observe standards of organization, 
management, and administration which will assure, so far as reasonably 
possible, that all program activities are conducted in a manner 
consistent with the purposes of this subchapter and the objective of 
providing assistance effectively, efficiently, and free of any taint of 
partisan political bias or personal or family favoritism. Each such 
agency shall establish or adopt rules to carry out this section, which 
shall include rules to assure full staff accountability in matters 
governed by law, regulations, or agency policy. Each agency shall also 
provide for reasonable public access to information, including public 
hearings at the request of appropriate community groups and reasonable 
public access to books and records of the agency or other agencies 
engaged in program activities or operations involving the use of 
authority or funds for which it is responsible. Each such agency shall 
adopt for itself and other agencies using funds or exercising authority 
for which it is responsible, rules designed to (1) establish specific 
standards governing salaries, salary increases, travel and per diem 
allowances, and other employee benefits; (2) assure that only persons 
capable of discharging their duties with competence and integrity are 
employed and that employees are promoted or advanced under impartial 
procedures calculated to improve agency performance and effectiveness; 
(3) guard against personal or financial conflicts of interest; and (4) 
define employee duties in an appropriate manner which will in any case 
preclude employees from participating, in connection with the 
performance of their duties, in any form of picketing, protest, or other 
direct action which is in violation of law.

(b) Development and administrative costs of programs

    Except as provided in subsection (f) of this section, no financial 
assistance shall be extended under this subchapter in any case in which 
the Secretary determines that the costs of developing and administering 
a program assisted under this subchapter exceed 15 percent of the total 
costs, including the required non-Federal contributions to such costs, 
of such program. The Secretary shall establish by regulation, criteria 
for determining (1) the costs of developing and administering such 
program; and (2) the total costs of such program. In any case in which 
the Secretary determines that the cost of administering such program 
does not exceed 15 percent of such total costs but is, in the judgment 
of the Secretary, excessive, the Secretary shall forthwith require the 
recipient of such financial assistance to take such steps prescribed by 
the Secretary as will eliminate such excessive administrative cost, 
including the sharing by one or more Head Start agencies of a common 
director and other administrative personnel. The Secretary may waive the 
limitation prescribed by this subsection for specific periods of time 
not to exceed 12 months whenever the Secretary determines that such a 
waiver is necessary in order to carry out the purposes of this 
subchapter.

(c) Rules and regulations; special or simplified requirements for small 
        agencies; common or joint use of facilities

    The Secretary shall prescribe rules or regulations to supplement 
subsections (a) and (f) of this section, which shall be binding on all 
agencies carrying on Head Start program activities with financial 
assistance under this subchapter. The Secretary may, where appropriate, 
establish special or simplified requirements for smaller agencies or 
agencies operating in rural areas. Policies and procedures shall be 
established to ensure that indirect costs attributable to the common or 
joint use of facilities and services by programs assisted under this 
subchapter and other programs shall be fairly allocated among the 
various programs which utilize such facilities and services.

(d) Publication and notification of proposed rules, etc.

    At least 30 days prior to their effective date, all rules, 
regulations, and application forms shall be published in the Federal 
Register and shall be sent to each grantee with the notification that 
each such grantee has the right to submit comments pertaining thereto to 
the Secretary prior to the final adoption thereof.

(e) Neutrality concerning union organizing

    Funds appropriated to carry out this subchapter shall not be used to 
assist, promote, or deter union organizing.

(f) Purchase of facility; approval requirements; financial assistance

    (1) The Secretary shall establish uniform procedures for Head Start 
agencies to request approval to purchase facilities, or to request 
approval of the purchase (after December 31, 1986) of facilities, to be 
used to carry out Head Start programs. The Secretary shall suspend any 
proceedings pending against any Head Start agency to claim costs 
incurred in purchasing such facilities until the agency has been 
afforded an opportunity to apply for approval of the purchase and the 
Secretary has determined whether the purchase will be approved. The 
Secretary shall not be required to repay claims previously satisfied by 
Head Start agencies for costs incurred in the purchase of such 
facilities.
    (2) Financial assistance provided under this subchapter may not be 
used by a Head Start agency to purchase a facility (including paying the 
cost of amortizing the principal, and paying interest on, loans) to be 
used to carry out a Head Start program unless the Secretary approves a 
request that is submitted by such agency and contains--
        (A) a description of the site of the facility proposed to be 
    purchased or that was previously purchased;
        (B) the plans and specifications of such facility;
        (C) information demonstrating that--
            (i) the proposed purchase will result, or the previous 
        purchase has resulted, in savings when compared to the costs 
        that would be incurred to acquire the use of an alternative 
        facility to carry out such program; or
            (ii) the lack of alternative facilities will prevent, or 
        would have prevented, the operation of such program;

        (D) in the case of a request regarding a previously purchased 
    facility, information demonstrating that the facility will be used 
    principally as a Head Start center, or a direct support facility for 
    a Head Start program; and
        (E) such other information and assurances as the Secretary may 
    require.

    (3) Upon a determination by the Secretary that suitable facilities 
are not otherwise available to Indian tribes to carry out Head Start 
programs, and that the lack of suitable facilities will inhibit the 
operation of such programs, the Secretary, in the discretion of the 
Secretary, may authorize the use of financial assistance, from the 
amount reserved under section 9835(a)(2)(A) of this title, to make 
payments for the purchase of facilities owned by such tribes. The amount 
of such a payment for such a facility shall not exceed the fair market 
value of the facility.

(g) Payments for capital expenditures

    (1) Upon a determination by the Secretary that suitable facilities 
(including public school facilities) are not otherwise available to 
Indian tribes, rural communities, and other low-income communities to 
carry out Head Start programs, that the lack of suitable facilities will 
inhibit the operation of such programs, and that construction of such 
facilities is more cost effective than purchase of available facilities 
or renovation, the Secretary, in the discretion of the Secretary, may 
authorize the use of financial assistance under this subchapter to make 
payments for capital expenditures related to facilities that will be 
used to carry out such programs. The Secretary shall establish uniform 
procedures for Head Start agencies to request approval for such 
payments, and shall promote, to the extent practicable, the collocation 
of Head Start programs with other programs serving low-income children 
and families.
    (2) Such payments may be used for capital expenditures (including 
paying the cost of amortizing the principal, and paying interest on, 
loans) such as expenditures for--
        (A) construction of facilities that are not in existence on the 
    date of the determination;
        (B) major renovation of facilities in existence on such date; 
    and
        (C) purchase of vehicles used for programs conducted at the Head 
    Start facilities.

    (3) All laborers and mechanics employed by contractors or 
subcontractors in the construction or renovation of facilities to be 
used to carry out Head Start programs shall be paid wages at not less 
than those prevailing on similar construction in the locality, as 
determined by the Secretary of Labor in accordance with the Act of March 
3, 1931, as amended (40 U.S.C. 276a et seq., commonly known as the 
``Davis-Bacon Act'').

(h) Personnel preferences to Indian tribe members

    In all personnel actions of the American Indian Programs Branch of 
the Head Start Bureau of the Administration for Children and Families, 
the Secretary shall give the same preference to individuals who are 
members of an Indian tribe as the Secretary gives to a disabled veteran, 
as defined in section 2108(3)(C) of title 5. The Secretary shall take 
such additional actions as may be necessary to promote recruitment of 
such individuals for employment in the Administration.

(Pub. L. 97-35, title VI, Sec. 644, Aug. 13, 1981, 95 Stat. 502; Pub. L. 
101-501, title I, Secs. 111, 112, Nov. 3, 1990, 104 Stat. 1231; Pub. L. 
102-401, Sec. 2(j), Oct. 7, 1992, 106 Stat. 1958; Pub. L. 103-218, title 
IV, Sec. 403, Mar. 9, 1994, 108 Stat. 96; Pub. L. 103-252, title I, 
Sec. 110, May 18, 1994, 108 Stat. 636; Pub. L. 105-285, title I, 
Sec. 106(e), Oct. 27, 1998, 112 Stat. 2712.)

                       References in Text

    The Davis-Bacon Act, referred to in subsec. (g)(3), is act Mar. 3, 
1931, ch. 411, 46 Stat. 1494, as amended, which is classified generally 
to sections 276a to 276a-5 of Title 40, Public Buildings, Property, and 
Works. For complete classification of this Act to the Code, see Short 
Title note set out under section 276a of Title 40 and Tables.


                               Amendments

    1998--Subsec. (f)(2). Pub. L. 105-285 substituted ``Financial 
assistance'' for ``Except as provided in section 9835(a)(3)(C)(v) of 
this title, financial assistance''.
    1994--Subsec. (d). Pub. L. 103-252, Sec. 110(1), struck out 
``guidelines, instructions,'' after ``all rules, regulations,''.
    Subsec. (f)(1). Pub. L. 103-218, Sec. 403(1), inserted ``, or to 
request approval of the purchase (after December 31, 1986) of 
facilities,'' after ``to purchase facilities'' and inserted at end ``The 
Secretary shall suspend any proceedings pending against any Head Start 
agency to claim costs incurred in purchasing such facilities until the 
agency has been afforded an opportunity to apply for approval of the 
purchase and the Secretary has determined whether the purchase will be 
approved. The Secretary shall not be required to repay claims previously 
satisfied by Head Start agencies for costs incurred in the purchase of 
such facilities.''
    Subsec. (f)(2). Pub. L. 103-252, Sec. 110(2)(A), substituted 
``section 9835(a)(3)(C)(v)'' for ``section 9835(a)(3)(A)(v)''.
    Subsec. (f)(2)(A). Pub. L. 103-218, Sec. 403(2)(A), inserted before 
semicolon at end ``or that was previously purchased''.
    Subsec. (f)(2)(C)(i). Pub. L. 103-218, Sec. 403(2)(B)(i), inserted 
``, or the previous purchase has resulted,'' after ``purchase will 
result''.
    Subsec. (f)(2)(C)(ii). Pub. L. 103-218, Sec. 403(2)(B)(ii), inserted 
``, or would have prevented,'' after ``will prevent'' and struck out 
``and'' after semicolon at end.
    Subsec. (f)(2)(D), (E). Pub. L. 103-218, Sec. 403(2)(C), (D), added 
subpar. (D) and redesignated former subpar. (D) as (E).
    Subsec. (f)(3). Pub. L. 103-252, Sec. 110(2)(B), added par. (3).
    Subsecs. (g), (h). Pub. L. 103-252, Sec. 110(3), added subsecs. (g) 
and (h).
    1992--Subsec. (b). Pub. L. 102-401, Sec. 2(j)(1), substituted 
``Except as provided in subsection (f) of this section, no'' for ``No''.
    Subsec. (c). Pub. L. 102-401, Sec. 2(j)(2), substituted 
``subsections (a) and (f) of this section'' for ``subsection (a) of this 
section''.
    Subsec. (f). Pub. L. 102-401, Sec. 2(j)(3), added subsec. (f).
    1990--Subsec. (b). Pub. L. 101-501, Sec. 111, inserted ``the 
required'' before ``non-Federal contributions''.
    Subsec. (e). Pub. L. 101-501, Sec. 112, added subsec. (e).


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-252 effective May 18, 1994, but not 
applicable to Head Start agencies and other recipients 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 1992 Amendment

    Amendment by Pub. L. 102-401 effective Oct. 7, 1992, but not 
applicable with respect to fiscal years beginning before Oct. 1, 1992, 
see section 4 of Pub. L. 102-401, set out as a note under section 9835 
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.


               Study of Benefits for Head Start Employees

    Section 120 of Pub. L. 103-252 provided that:
    ``(a) Study.--The Secretary of Health and Human Services shall 
conduct a study regarding the benefits available to individuals employed 
by Head Start agencies under the Head Start Act (42 U.S.C. 9831 et 
seq.).
    ``(b) Report.--
        ``(1) Preparation.--The Secretary shall prepare a report, 
    containing the results of the study, that--
            ``(A) describes the benefits, including health care 
        benefits, family and medical leave, and retirement pension 
        benefits, available to such individuals;
            ``(B) includes recommendations for increasing the access of 
        the individuals to benefits, including access to a retirement 
        pension program; and
            ``(C) addresses the feasibility of participation by such 
        individuals in the Federal Employees' Retirement System under 
        chapter 84 of title 5, United States Code.
        ``(2) Submission.--The Secretary shall submit the report to the 
    appropriate committees of Congress.''
