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42 U.S.C. § 9839

Administrative requirements and standards

United States · Title 42 — THE PUBLIC HEALTH AND WELFARE · Status: effective

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42 U.S.C. § 9839, Administrative requirements and standards, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/482080
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Each Head Start agency shall make available to the public a report published at least once in each fiscal year that discloses the following information from the most recently concluded fiscal year, except that reporting such information shall not reveal personally identifiable information about an individual child or parent: Each such agency shall adopt for itself and other agencies using funds or exercising authority for which it is responsible, rules designed to— Except as provided in subsection (f), 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. The Secretary shall prescribe rules or regulations to supplement subsections (a) and (f), 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. 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. Funds appropriated to carry out this subchapter shall not be used to assist, promote, or deter union organizing. 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— information demonstrating that— 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— 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.

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.

  • Enacted byPub. L. 97-35(H.R. 3982)1981-08-13
    Omnibus Budget Reconciliation Act of 1981
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 101-501(H.R. 4151)1990-11-03
    Augustus F. Hawkins Human Services Reauthorization Act of 1990
    House: 404–14Senate: no recorded tally
  • Amended byPub. L. 102-401(H.R. 5630)1992-10-07
    Head Start Improvement Act of 1992
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 103-218(H.R. 2339)1994-03-09
    Technology-Related Assistance for Individuals with Disabilities Act Amendments of 1994
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 103-252(S. 2000)1994-05-18
    Human Services Amendments of 1994
  • Amended byPub. L. 105-285(S. 2206)1998-10-27
    Coats Human Services Reauthorization Act of 1998
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 110-134(H.R. 1429)2007-12-12
    Improving Head Start for School Readiness Act of 2007