Head Start Program

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration for Children and Families

45 CFR Part 1311

RIN 0970-AB56

Head Start Program

AGENCY: Administration on Children, Youth and Families (ACYF),

Administration for Children and Families (ACF), Department of Health

and Human Services (HHS).

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Administration on Children, Youth and Families is issuing

this Notice of Proposed Rulemaking to implement a new statutory

provision authorizing the Secretary to create a Head Start Fellows

Program for staff in local Head Start programs or other individuals

working in the field of child development, child care, early childhood

education, health, and family services.

DATES: In order to be considered, comments on this proposed rule must

be received on or before July 15, 1996.

ADDRESSES: Please address comments to the Associate Commissioner, Head

Start Bureau, Administration on Children, Youth and Families, P.O. Box

1182, Washington, D.C. 20013. Beginning 14 days after close of the

comment period, comments will be available for public inspection in

Room 2222, 330 C Street, S.W., Washington, D.C. 20201, Monday through

Friday between the hours of 9:00 a.m. and 4:00 p.m.

Comments that concern information collection requirements must be

sent to the Office of Management and Budget at the address listed in

the Paperwork Reduction Act section of this preamble. A copy of these

comments may also be sent to the Department cited above.

FOR FURTHER INFORMATION CONTACT: Dennis Gray, Head Start Bureau,

[[Page 24468]]

Administration on Children, Youth and Families, P.O. Box 1182,

Washington, D.C. 20013; (202) 205-8404.

SUPPLEMENTARY INFORMATION:

I. Program Purpose

Public Law 103-252, the Human Services Amendments of 1994, amended

the Head Start Act to authorize the creation of a Head Start Fellows

Program (HSFP), which will support professional development of

individuals working in Head Start or related programs.

The Head Start Bureau is pleased with the opportunity to develop

the HSFP. The Bureau anticipates that the HSFP will provide Head Start

Fellows with a unique opportunity to be exposed to activities, issues,

resources, and new approaches through placements that will include

national and regional Head Start offices, academia, and other public or

private nonprofit entities and organizations concerned with services to

children and families. The Head Start Bureau will benefit from the

valuable perspectives brought by the Fellows currently working in Head

Start and other programs across America to the national policy making

process.

II. Summary of the Proposed Regulation

The authority for this Notice of Proposed Rulemaking (NPRM) is

section 1150 of Public Law 103-252, the Human Services Amendments of

1994 (the Act) which added section 648A(d) to the Head Start Act (42

U.S.C. 9843). Section 648A(d) authorizes the Secretary to establish a

program of Head Start Fellowships. Section 648A(d)(6) authorizes the

Secretary to make expenditures not to exceed $1,000,000 for any fiscal

year for stipends and other reasonable expenses for the Fellows

Program. Additional authority is found in section 648A(d)(8), which

mandates that the Secretary promulgate regulations to carry out section

648A(d).

The Act specifies:

To whom Fellowships may be competitively awarded;

Placement locations for Head Start Fellows;

The duration of Head Start Fellowships; and

The status of Head Start Fellows.

III. Section by Section Discussion of the NPRM

The following is a section by section discussion of the provisions

in the rule.

Section 1311.1 Head Start Fellows Program Purpose

This section describes the purpose of the HSFP which is to provide

opportunities to expand the knowledge and experience of local Head

Start program staff and others in the field of child development.

The Head Start Bureau regards the HSFP as part of an overall

strategy to promote staff and career development. Through placements in

national and regional Head Start offices, local Head Start programs,

institutions of higher learning and other offices concerned with child

and family services, Head Start Fellows will gain an understanding of

the policy making process to complement their experience as

practitioners in the field. Another important goal of the Program will

be to bring the valuable perspective and experience of practitioners to

the national policy making process.

Section 1311.2 Definitions

This section defines references to the Act, Associate Commissioner

for the Head Start Bureau and the term Head Start Fellows.

Section 1311.3 Application Process

This section refers to the application process for individuals who

wish to apply for the HSFP. An annual announcement of the availability

and number of Fellowships will be published in the Federal Register and

advertised widely to ensure a broad base of applicants.

Section 1311.4 Qualifications, Selection, and Placement

Paragraph (a) of this section sets forth the requirements in the

Act which specifies that an applicant must be working, on the date of

application, in a local Head Start program or in the field of child

development and family services. For applicants not currently working

in a local Head Start program, the HSFP will look for individuals

working in programs or on projects that share the goals of Head Start

and a common commitment to the support of families and children. The

Head Start Bureau hopes to attract a highly talented and diverse group

of people. The qualifications of the applicants for Head Start

Fellowship positions will be competitively reviewed. The Associate

Commissioner for Head Start will make the final selection of the Head

Start Fellows.

The number of Head Start Fellows each year will largely be a

function of the annual budget, Head Start priorities and the capacity

of the various placement offices. The Act precludes Federal employees

from participating in the HSFP.

Paragraph (b) of this section specifies that the placement

positions for Head Start Fellows may be located in: (1) the national

and regional offices administering Head Start within the Department of

Health and Human Services; (2) local Head Start agencies and programs;

(3) institutions of higher education; (4) public or private entities

and organizations concerned with services to children and families; and

(5) other appropriate settings.

In accordance with section 648A(d)(3)(B) of the Act, paragraph (c)

provides that a Head Start Fellow who is not an employee of a local

Head Start agency or program may only be placed in: (1) the national or

regional offices within the Department of Health and Human Services

that administer Head Start; or (2) local Head Start agencies. The Act

also specifies that Head Start Fellows may not be placed in any agency

whose primary purpose, or one of whose major purposes, is to influence

Federal, State or local legislation. This provision is reflected in

paragraph (d) of this section.

Section 1311.5 Duration of Fellowships and Status of Head Start

Fellows

Paragraph (a) of this section specifies that Head Start Fellowships

will last for a term of one year, and may be renewed for a term of one

additional year. Paragraphs (b) and (c) include the requirement in

Section 648A(d)(7) of the Act which states that, except where otherwise

provided, Head Start Fellows shall not be considered to be employees,

or otherwise in the service or employment, of the Federal Government.

Head Start Fellows shall be considered to be employees of the Federal

Government for the purposes of compensation for injuries under chapter

81 of title 5, United States Code. Head Start Fellows assigned to the

national or regional offices within the Department of Health and Human

Services shall be considered employees in the Executive Branch of the

Federal Government for the purposes of chapter 11 of Title 18, United

States Code, and for the purposes of any administrative standards of

conduct applicable to the employees of the agency to which they are

assigned.

IV. Impact Analysis

Executive Order 12866

This Notice of Proposed Rulemaking implements the statutory

authority to create a HSFP. Congress authorized expenditures allotted

under section 640(a)(2)(D), not to exceed $1 million. This section

allows for expenditures at the Secretary's discretion and is a

[[Page 24469]]

percentage of the annual existing appropriation.

Regulatory Flexibility Act of 1980

The Secretary certifies that this rule will not have a significant

impact on substantial numbers of small entities.

Paperwork Reduction Act

Under the Paperwork Reduction Act of 1995, Public Law 104-13, all

Departments are required to submit to the Office of Management and

Budget (OMB) for review and approval of any reporting or record-keeping

requirement inherent in a proposed or final rule. This NPRM contains an

information collection requirement in section 1311.3 with regard to the

application process for individuals applying for the HSFP. The

respondents are the applicants. The Department needs to require an

application process in order to make determinations about the

applicants' eligibility to participate in the HSFP. The frequency of

responses from applicants (new) will be annual. The Administration for

Children and Families will consider comments by the public on the

proposed requirement for applications in evaluating the accuracy of our

estimate of the burden hours. We estimate that it will take

approximately two hours per applicant to supply the relevant

information. Although we do not know how many individuals will complete

the application process for this new program, we anticipate receiving

approximately 200 applications per year (this figure may increase or

decrease). The total burden estimate at this time is approximately 400

hours. This section will be submitted to OMB for review and approval in

accordance with the Paperwork Reduction Act.

OMB is required to make a decision concerning the collections of

information contained in these proposed regulations between 30 and 60

days after publication of this document in the Federal Register.

Therefore, a comment is best assured of having its full effect if OMB

receives it within 30 days of publication. This does not affect the

deadline for the public to comment to the Department on the proposed

regulations. Written comments to OMB should be sent directly to the

following address: Office of Management and Budget, Paperwork Reduction

Project, 725 17th Street, N.W. Washington D.C. 20503, Attn: Ms. Wendy

Taylor.

List of Subjects in 45 CFR Part 1311

Head Start Fellows, Head Start.

(Catalog of Federal Domestic Assistance Program Number 93.600,

Project Head Start)

Dated: April 1, 1996.

Mary Jo Bane,

Assistant Secretary for Children and Families.

For the reasons set forth in the Preamble, 45 CFR Chapter XIII is

proposed to be amended by adding a new Part 1311 as follows:

PART 1311--HEAD START FELLOWS PROGRAM

Sec.

1311.1 Head Start Fellows Program purpose.

1311.2 Definitions.

1311.3 Application process.

1311.4 Qualifications, selection, and placement.

1311.5 Duration of Fellowships and status of Head Start Fellows.

Authority: 42 U.S.C. 9801 et seq.

Sec. 1311.1 Head Start Fellows Program purpose.

(a) This Part establishes regulations implementing section 648A(d)

of the Head Start Act, as amended, 42 U.S.C. 9801 et seq., applicable

to the administration of the Head Start Fellows Program, including

selection, placement, duration and status of the Head Start Fellows.

(b) As provided in section 648A(d) of the Act, the Head Start

Fellows Program is designed to enhance the ability of Head Start

Fellows to make significant contributions to Head Start and to other

child development and family services programs.

Sec. 1311.2 Definitions.

As used in this part:

Act means the Head Start Act, as amended, 42 U.S.C. 9801 et seq.

Associate Commissioner means the Associate Commissioner of the Head

Start Bureau in the Administration on Children, Youth and Families.

Head Start Fellows means individuals who participate in the Head

Start Fellows Program, who may be staff in local Head Start programs or

other individuals working in the field of child development and family

services.

Sec. 1311.3 Application process.

An individual who wishes to obtain a Fellowship must submit an

application to the Associate Commissioner. The Administration for

Children and Families will publish an annual announcement of the

availability and number of Fellowships in the Federal Register. Federal

employees are not eligible to apply.

Sec. 1311.4 Qualifications, selection, and placement.

(a) The Act specifies that an applicant must be working on the date

of application in a local Head Start program or otherwise working in

the field of child development and family services. The qualifications

of the applicants for Head Start Fellowship positions will be

competitively reviewed. The Associate Commissioner will make the final

selection of the Head Start Fellows.

(b) Head Start Fellows may be placed in:

(1) The Head Start national and regional Offices;

(2) Local Head Start agencies and programs;

(3) Institutions of higher education;

(4) Public or private entities and organizations concerned with

services to children and families; and

(5) Other appropriate settings..

(c) A Head Start Fellow who is not an employee of a local Head

Start agency or program may only be placed in the national or regional

offices within the Department of Health and Human Services that

administer Head Start or local Head Start agencies.

(d) Head Start Fellows shall not be placed in any agency whose

primary purpose, or one of whose major purposes is to influence

Federal, State or local legislation.

Sec. 1311.5 Duration of Fellowships and status of Head Start Fellows.

(a) Head Start Fellowships will be for terms of one year, and may

be renewed for a term of one additional year.

(b) For the purposes of compensation for injuries under chapter 81

of title 5, United States Code, Head Start Fellows shall be considered

to be employees, or otherwise in the service or employment, of the

Federal Government.

(c) Head Start Fellows assigned to the national or regional Offices

within the Department of Health and Human Services shall be considered

employees in the Executive Branch of the Federal Government for the

purposes of chapter 11 of Title 18, United States Code, and for the

purposes of any administrative standards of conduct applicable to the

employees of the agency to which they are assigned.

[FR Doc. 96-12124 Filed 5-14-96; 8:45 am]

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