42 U.S.C. § 9838 — Submission of plans to chief executive of-

Page 7875 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9838 (iii) a description of the State early learning standards and the State’s goals for increasing the number of children entering kindergarten ready to learn; (iv) information identifying the agency or joint interagency office, and individual, des- ignated to carry out the activities under this paragraph, which may be the individual des- ignated under paragraph (1)(A)(ii); and (v) a description of how the State plans to sustain activities under this paragraph beyond the grant period. (C) The Federal share of the cost of activities proposed to be conducted under subparagraph (A) shall be 30 percent, and the State shall pro- vide the non-Federal share. (D) Funds made available under this para- graph shall be used to supplement, and not sup- plant, other Federal, State, and local funds ex- pended to carry out activities related to early childhood education and care in the State. (E) Not later than 18 months after the date a State receives a grant under this paragraph, the State shall submit an interim report to the Sec- retary. A State that receives a grant under this paragraph shall submit a final report to the Sec- retary at the end of the grant period. Each re- port shall include— (i) a description of the activities and serv- ices carried out under the grant, including the outcomes of such activities and services in meeting the needs described in the periodic needs assessment and statewide strategic re- port; (ii) information about how the State used such funds to meet the goals of this subsection through activities to develop or enhance high- quality systems of early childhood education and care, increase effectiveness of delivery systems and use of funds, and enhance existing programs and services; (iii) information regarding the remaining needs described in the periodic statewide needs assessment and statewide strategic report that have not yet been addressed by the State; and (iv) any other information that the Sec- retary may require. (F) Nothing in this subsection shall be con- strued to provide the State Advisory Council with authority to modify, supersede, or negate the requirements of this subchapter. (Pub. L. 97–35, title VI, § 642B, as added and amended Pub. L. 110–134, § 11, Dec. 12, 2007, 121 Stat. 1408.) Editorial Notes REFERENCES IN TEXT The Child Care and Development Block Grant Act of 1990, referred to in subsecs. (a)(2)(B)(ii) and (b)(2)(A)(iii), is subchapter C (§ 658A et seq.) 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, which is classified generally to subchapter II–B (§ 9857 et seq.) of chapter 105 of this title. For com- plete classification of this Act to the Code, see section 9857(a) of this title and Tables. The Individuals with Disabilities Education Act, re- ferred to in subsecs. (a)(2)(B)(iv) and (b)(1)(C)(viii), 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. Sec- tion 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 2007—Subsec. (b). Pub. L. 110–134, § 11(b), added subsec. (b). § 9838. Submission of plans to chief executive of- ficer In carrying out the provisions of this sub- chapter, no contract, agreement, grant, or other assistance shall be made for the purpose of car- rying out a Head Start program within a State unless a plan setting forth such proposed con- tract, agreement, grant, or other assistance has been submitted to the chief executive officer of the State, and such plan has not been dis- approved by such officer within 45 days of such submission, or, if disapproved (for reasons other than failure of the program to comply with State health, safety, and child care laws, includ- ing regulations applicable to comparable child care programs in the State), has been reconsid- ered by the Secretary and found by the Sec- retary to be fully consistent with the provisions and in furtherance of the purposes of this sub- chapter, as evidenced by a written statement of the Secretary’s findings that is transmitted to such officer. Funds to cover the costs of the pro- posed contract, agreement, grant, or other as- sistance shall be obligated from the appropria- tion which is current at the time the plan is sub- mitted to such officer. This section shall not, however, apply to contracts, agreements, grants, loans, or other assistance to any institution of higher education in existence on August 13, 1981. This section shall not apply to contracts, agree- ments, grants, loans, or other assistance for In- dian Head Start programs or migrant or sea- sonal Head Start programs. (Pub. L. 97–35, title VI, § 643, Aug. 13, 1981, 95 Stat. 502; Pub. L. 101–501, title I, § 110, Nov. 3, 1990, 104 Stat. 1231; Pub. L. 102–401, § 2(k)(4), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 105–285, title I, § 111, Oct. 27, 1998, 112 Stat. 2718; Pub. L. 110–134, § 12, Dec. 12, 2007, 121 Stat. 1414.) Editorial Notes AMENDMENTS 2007—Pub. L. 110–134 inserted at end ‘‘This section shall not apply to contracts, agreements, grants, loans, or other assistance for Indian Head Start programs or migrant or seasonal Head Start programs.’’ 1998—Pub. L. 105–285, in first sentence, substituted ‘‘45 days’’ for ‘‘30 days’’ and ‘‘disapproved (for reasons other than failure of the program to comply with State health, safety, and child care laws, including regula- tions applicable to comparable child care programs in the State)’’ for ‘‘so disapproved’’ and inserted ‘‘, as evi- denced by a written statement of the Secretary’s find- ings that is transmitted to such officer’’ before period. 1992—Pub. L. 102–401 substituted ‘‘such officer’’ for ‘‘the such officer’’ in two places. 1990—Pub. L. 101–501 substituted ‘‘chief executive offi- cer’’ for first reference to ‘‘Governor’’ and ‘‘such offi- cer’’ for second and third references to ‘‘Governor’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–401 effective Oct. 7, 1992, but not applicable with respect to fiscal years begin- Page 7876 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9839 ning 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. § 9839. Administrative requirements and stand- ards (a) Employment practices, nonpartisanship, staff accountability, public access to information, etc. (1) Each Head Start agency shall observe standards of organization, management, and ad- ministration that will ensure, so far as reason- ably possible, that all program activities are conducted in a manner consistent with the pur- poses of this subchapter and the objective of providing assistance effectively, efficiently, and free of any taint of partisan political bias or per- sonal 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 in- formation, including public hearings at the re- quest of appropriate community groups and rea- sonable public access to books and records of the agency or other agencies engaged in program ac- tivities or operations involving the use of au- thority or funds for which it is responsible. (2) Each Head Start agency shall make avail- able to the public a report published at least once in each fiscal year that discloses the fol- lowing information from the most recently con- cluded fiscal year, except that reporting such in- formation shall not reveal personally identifi- able information about an individual child or parent: (A) The total amount of public and private funds received and the amount from each source. (B) An explanation of budgetary expendi- tures and proposed budget for the fiscal year. (C) The total number of children and fami- lies served, the average monthly enrollment (as a percentage of funded enrollment), and the percentage of eligible children served. (D) The results of the most recent review by the Secretary and the financial audit. (E) The percentage of enrolled children that received medical and dental exams. (F) Information about parent involvement activities. (G) The agency’s efforts to prepare children for kindergarten. (H) Any other information required by the Secretary. (3) Each such agency shall adopt for itself and other agencies using funds or exercising author- ity for which it is responsible, rules designed to— (A) establish specific standards governing salaries, salary increases, travel and per diem allowances, and other employee benefits; (B) assure that only persons capable of dis- charging their duties with competence and in- tegrity are employed and that employees are promoted or advanced under impartial proce- dures calculated to improve agency perform- ance and effectiveness; (C) guard against personal or financial con- flicts of interest; and (D) define employee duties in an appropriate manner that will in any case preclude employ- ees from participating, in connection with the performance of their duties, in any form of picketing, protest, or other direct action that is in violation of law. (b) Development and administrative costs of pro- grams Except as provided in subsection (f), no finan- cial assistance shall be extended under this sub- chapter in any case in which the Secretary de- termines that the costs of developing and ad- ministering a program assisted under this sub- chapter exceed 15 percent of the total costs, in- cluding the required non-Federal contributions to such costs, of such program. The Secretary shall establish by regulation, criteria for deter- mining (1) the costs of developing and admin- istering such program; and (2) the total costs of such program. In any case in which the Sec- retary determines that the cost of administering such program does not exceed 15 percent of such total costs but is, in the judgment of the Sec- retary, 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 sub- section 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 regula- tions 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 pro- grams shall be fairly allocated among the var- ious 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 notifica- tion that each such grantee has the right to sub- mit comments pertaining thereto to the Sec- retary prior to the final adoption thereof.