§ 9848. Comparability of wages

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1981

   Head Start Act

   Pub. L. 97–35 title VI § 653 · 95 Stat. 357

   Enacted · 42 U.S.C. § 9848

   Pub. L. 97–35, title VI, § 653, Aug. 13, 1981, 95 Stat. 507

   Source evidence

   Code source credit
   Pub. L. 97–35, title VI, § 653, Aug. 13, 1981, 95 Stat. 507

   Enacted provision · exact public law section
   Sec. 653. comparability of wages The Secretary shall take such action as may be necessary 42 USC 9848. to assure that persons employed in carrying out programs financed under this subchapter shall not receive compensation at a rate which is (1) in excess of the average rate of compensation paid in the area where the program is carried out to a substantial number of the persons providing substantially comparable services, or in excess of the average rate of compensation paid to a substantial number of the persons providing substantially comparable services in the area of the person’s immediately preceding employment, whichever is higher; or (2) less than the minimum wage rate prescribed in section 6(a)(1) of the Fair Labor Standards Act of 1938. 29 USC 206.

2. 1990

   Head Start Expansion and Quality Improvement Act

   Pub. L. 101–501 title I § 122 · 104 Stat. 1222

   Inserted · 42 U.S.C. § 9848

   Pub. L. 101–501 inserted at end “The Secretary shall encourage Head Start agencies to provide compensation according to salary scales that are based on training and experience.”

   Source evidence

   Code amendment note
   Pub. L. 101–501 inserted at end “The Secretary shall encourage Head Start agencies to provide compensation according to salary scales that are based on training and experience.”

   Enacted provision · exact public law section
   SEC. 122. COMPARABILITY OF WAGES. Section 653 of the Head Start Act (42 U.S.C. 9848) is amended by adding at the end the following: “The Secretary shall encourage Head Start agencies to provide compensation according to salary scales that are based on training and experience.”.

   Effective date note
   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.

3. 2007

   Improving Head Start for School Readiness Act of 2007

   Pub. L. 110–134 § 22 · 121 Stat. 1363

   1. Amended · 42 U.S.C. § 9848

      Pub. L. 110–134 designated existing provisions as subsec. (a)

   2. Inserted · 42 U.S.C. § 9848

      Pub. L. 110–134 inserted heading

   3. Added · 42 U.S.C. § 9848

      Pub. L. 110–134 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 110–134 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

   Enacted provision · exact public law section
   SEC. 22. COMPARABILITY OF WAGES.   Section 653 of the Head Start Act (42 U.S.C. 9848) is amended— (1) by striking “The Secretary shall take” and inserting “(a) Comparability of Wages.—The Secretary shall take”; and (2) by adding at the end the following: “(b) Limitation.— “(1) In general.— Notwithstanding any other provision of law, no Federal funds may be used to pay any part of the compensation of an individual employed by a Head Start agency, if such compensation, including non-Federal funds, exceeds an amount equal to the rate payable for level II of the Executive Schedule under section 5313 of title 5, United States Code. “(2) Compensation.— In this subsection, the term ‘compensation’— “(A) includes salary, bonuses, periodic payments, severance pay, the value of any vacation time, the value of a compensatory or paid leave benefit not excluded by subparagraph (B), and the fair market value of any employee perquisite or benefit not excluded by subparagraph (B); and “(B) excludes any Head Start agency expenditure for a health, medical, life insurance, disability, retirement, or any other employee welfare or pension benefit.” .

5 of 5 references resolved to an enrolled provision