42 U.S. Code § 9839 - Administrative requirements and standards
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.
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.
In subsec. (g)(3), “sections 3141–3144, 3146, and 3147 of title 40” substituted for “the Act of March 3, 1931, as amended (40 U.S.C. 276a et seq., commonly known as the ‘Davis-Bacon Act’)” on authority of Pub. L. 107–217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, the first section of which enacted Title 40, Public Buildings, Property, and Works.
2007—Subsec. (a). Pub. L. 110–134, § 13(1), added subsec. (a) and struck out former subsec. (a) which related to employment practices, nonpartisanship, staff accountability, and public access to information.
Subsec. (f)(2). Pub. L. 110–134, § 13(2)(A), added subpar. (A) and redesignated former subpars. (A) to (E) as (B) to (F), respectively.
1994—Subsec. (d). Pub. L. 103–252, § 110(1), struck out “guidelines, instructions,” after “all rules, regulations,”.
Subsec. (f)(1). Pub. L. 103–218, § 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, § 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, § 403(2)(A), inserted before semicolon at end “or that was previously purchased”.
Subsec. (f)(2)(C)(i). Pub. L. 103–218, § 403(2)(B)(i), inserted “, or the previous purchase has resulted,” after “purchase will result”.
Subsec. (f)(2)(C)(ii). Pub. L. 103–218, § 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, § 403(2)(C), (D), added subpar. (D) and redesignated former subpar. (D) as (E).
Subsec. (f)(3). Pub. L. 103–252, § 110(2)(B), added par. (3).
Subsecs. (g), (h). Pub. L. 103–252, § 110(3), added subsecs. (g) and (h).
1992—Subsec. (b). Pub. L. 102–401, § 2(j)(1), substituted “Except as provided in subsection (f), no” for “No”.
Subsec. (c). Pub. L. 102–401, § 2(j)(2), substituted “subsections (a) and (f)” for “subsection (a)”.
Subsec. (f). Pub. L. 102–401, § 2(j)(3), added subsec. (f).
1990—Subsec. (b). Pub. L. 101–501, § 111, inserted “the required” before “non-Federal contributions”.
Subsec. (e). Pub. L. 101–501, § 112, added subsec. (e).
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.
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.
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