Public Law 102–401

in clauses (i) and (iii) by striking “and second” and inserting “, second, and third”, and

in clause (ii) by striking “second” and inserting “third”.

in the first sentence by striking “, in accordance with regulations establishing objective criteria,”, and

by inserting after the first sentence the following:

“For the purpose of making such determination, the Secretary shall take into consideration with respect to the Head Start program involved—

“(1)“(1)

the lack of resources available in the community that may prevent the Head Start agency from providing all or a portion of the non-Federal contribution that may be required under this subsection;

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“(2)“(2)

the impact of the cost the Head Start agency may incur in initial years it carries out such program;

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“(3)“(3)

the impact of an unanticipated increase in the cost the Head Start agency may incur to carry out such program;

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“(4)“(4)

whether the Head Start agency is located in a community adversely affected by a major disaster; and

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“(5)“(5)

the impact on the community that would result if the Head Start agency ceased to carry out such program.>”.

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Section 641(c)(1) of the Head Start Act (42 U.S.C. 9836(c)(1) is amended by adding at the end the following:

“Notwithstanding any other provision of this paragraph, the Secretary shall not give such priority to any agency with respect to which financial assistance has been terminated, or an application for refunding has been denied, under this subchapter by the Secretary after affording such agency reasonable notice and opportunity for a full and fair nearing in accordance with section 646(a)(3).”.

The amendment made by paragraph (1) shall apply only

42 USC 9836 note.

with respect to terminations of financial assistance, and denials of refunding, occurring after July 29, 1992.

by inserting “(A)” after “(2)”, and

by adding at the end the following:

“(B)“(B)

The Secretary shall conduct a review of each newly designated Head Start agency immediately after the completion of the first year such agency carries out a Head Start program.

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“(C)“(C)

The Secretary shall conduct follow up reviews of Head Start agencies when appropriate.”.

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in paragraph (6) by striking “and” at the end,

in paragraph (7) by striking the period at the end and inserting a semicolon, and

by adding at the end the following:

“(8)“(8)

the plan of such applicant to provide (directly or through referral to educational services available in the community) parents of children who will participate in the proposed Head Start program with child development and literacy skills training in order to aid their children to attain their full potential; and

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“(9)“(9)

the plan of such applicant who chooses to assist younger siblings of children who will participate in the proposed Head Start program to obtain health services from other sources.”.

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in subsection (e) by striking “(c) and (d)” and inserting “(c), (d), and (e)”,

by redesignating subsections (e) and (D as subsections (f) and (g), respectively, and

by inserting after subsection (d) the following:

“(e)“(e)

If, in a community served by a Head Start program, there is no applicant qualified for designation as a Head Start agency to carry out such program, the Secretary may appoint an interim grantee to carry out such program until a qualified applicant is so designated.”.

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by striking “and (5)” and inserting “(5)”, and

by inserting before the period at the end the following:

“; (6) provide (directly or through referral to educational services available in the community) parents of children participating in its Head Start program with child development and literacy skills training in order to aid their children to attain their full potential; and (7) consider providing services to assist younger siblings of children participating in its Head Start program to obtain health services from other sources.”.

in subsection (b) by striking “No” and inserting “Except as provided in subsection (f), no”,

in the first sentence of subsection (c) by striking “subsection (a)” and inserting “subsections (a) and (f)”, and

by adding at the end the following:

“(f)“(f)

(1)(1)

The Secretary shall establish uniform procedures for Head Start agencies to request approval to purchase facilities to be used to carry out Head Start programs.

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“(2)“(2)

Except as provided in section 640(a)(3)(A)(v), 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)

a description of the site of the facility proposed to be purchased;

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“(B)“(B)

the plans and specifications of such facility;

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“(C)“(C)

information demonstrating that—

“(i)“(i)

the proposed purchase will result 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

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“(ii)“(ii)

the lack of alternative facilities will prevent the operation of such program; and

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“(D)“(D)

such other information and assurances as the Secretary may require.”.

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Section 640 of the Head Start Act (42 U.S.C. 9835) is amended—

Section 640A(b) of the Head Start Act (42 U.S.C. 9835a) is amended—

Section 642(c) of the Head Start Act (42 U.S.C. 9837(c)) is amended by striking “subtitle” and inserting “subchapter”.

Section 643 of the Head Start Act (42 U.S.C. 9838) is amended by striking “the such” each place it appears and inserting “such”.

Section 651(g) of the Head Start Act (42 U.S.C. 9846(g)) is amended—

Section 651A of the Head Start Act (42 U.S.C. 9846a) is amended—

in paragraph (7)—

in paragraph (14)—

Except as provided in paragraph (2) and subsection (b), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act.

The amendment made by section 2(e)(1) shall take effect on July 30, 1992.