[Federal Register Volume 62, Number 7 (Friday, January 10, 1997)]
[Rules and Regulations]
[Pages 1399-1401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-576]


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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), Health and Human 
Services (HHS).

ACTION: Final rule.

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SUMMARY: The Administration on Children, Youth and Families is issuing 
this final rule 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.

EFFECTIVE DATE: February 10, 1997.

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

    The authority for this final rule 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:
    <bullet> To whom Fellowships may be competitively awarded;

[[Page 1400]]

    <bullet> Placement locations for Head Start Fellows;
    <bullet> The duration of Head Start Fellowships; and
    <bullet> The status of Head Start Fellows.

III. Rulemaking History

    On May 15, 1996, the Department published a Notice of Proposed 
Rulemaking (NPRM) in the Federal Register (61 FR 24467) proposing to 
establish a rule to implement the statutory provision establishing the 
Head Start Fellows Program, including selection, placement, duration 
and status of the Head Start Fellows. Interested persons were given 60 
days in which to comment on the proposed rule. During the 60 day 
comment period the Department received comments from seven individuals 
in Head Start, child care, and early intervention programs.

IV. Section by Section Discussion of the Comments Received

    No comments were received on sections 1311.1 (Head Start Fellows 
Purpose), 1311.2 (Definitions), and 1311.3 (Application Process).

Section 1311.4 Qualifications, Selection, and Placement

    Comment: We received one comment that a specified number of Fellows 
slots should be reserved for people employed in Head Start at the local 
level. The individual also commented that non-Head Start program staff, 
especially early childhood specialists and consultants, should receive 
a lower priority rating in the selection process.
    Response: It is anticipated that some local Head Start program 
staff will emerge as Fellows from each year's selection process. 
However, the purpose of the program is broader than Head Start and is 
aimed at a wider audience than the current Head Start community. The 
program's purpose is to build leadership and enhance the ability of the 
Fellows to make significant contributions throughout the early 
childhood and family services field. Establishing a quota for Head 
Start employees or otherwise placing eligible individuals from non-Head 
Start programs at a disadvantage would distort the nature of the 
competitive process and, we believe, is not in accordance with the 
intent of the legislation.
    Comment: One comment suggested that the final rule should identify 
all organizations involved in the selection process and describe the 
role of each.
    Response: This comment is in reference to the Council for Early 
Childhood Professional Recognition (``the Council''), a Washington, 
D.C.-based non-profit organization which is assisting with the 
implementation of the HSFP through a Cooperative Agreement between it 
and the Administration on Children, Youth and Families. The Council 
competed successfully for this Cooperative Agreement and is providing 
support for the development and operation of this program in myriad 
ways. Also involved is the Commission on National Head Start 
Fellowship, which is an entity which the Council and the Head Start 
Bureau jointly established and consists of nationally prominent 
individuals in early childhood and family services. The Commission is 
also providing substantial support in the ongoing development of the 
program, including the formulation and application of selection 
criteria and the actual recommendation of Fellows for selection.
    Although we anticipate that these entities will remain involved 
throughout the currently legislated duration of the program, the HSFP 
is still in its developmental stage. It may become necessary at some 
point to change these relationships or establish entirely new 
relationships. For this reason it is our judgment that this should not 
be written into the regulation.
    Comment: One comment to this section maintained that the selection 
criteria for choosing the Fellows should be published and weighted.
    Response: There is merit to this argument in that the applicants 
would know with greater specificity the criteria on which they are 
being judged and the weight accorded each criterion and would therefore 
be able to respond more appropriately. Nevertheless, it is our judgment 
that specifying and precisely formulating the criteria and their 
relative weights would unduly restrict current Commissioners and future 
Commissioners in the selection process. However, we will be discussing 
this issue and the possibility of inclusion of criteria and their 
weights in the application package for future classes of Fellows at the 
next meeting of the Commission on National Head Start Fellowships.

Section 1311.5  Duration of Fellowships and Status of Head Start 
Fellows

    Comment: We received one comment that, although the NPRM is clear, 
other information regarding the Fellowship is unclear as to whether the 
Fellowship placement is for one or for two years.
    Response: We appreciate this comment and will assure that all 
documents to be used in the future regarding the Fellows Program 
specifically state that the Fellowship are for one year but may be 
renewed for a term of one additional year.

V. Impact Analysis

Executive Order 12866

    This final rule implements the statutory authority to create a 
HSFP. Congress authorized expenditures allotted under section 
640(a)(2)(D) of the Head Start Act, not to exceed $1 million in any 
fiscal year. This section allows for expenditures at the Secretary's 
discretion.

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 any reporting or record-keeping 
requirement inherent in a proposed rule or, if necessary, a final rule. 
This final rule contains an information collection requirement in 
section 1311.3 with regard to the application process for individuals 
applying for the HSFP. No comments were received on section 1311.3. The 
information collection remains the same as set forth in the NPRM.
    We submitted section 1311.3 to OMB for review and approval in 
accordance with the Paperwork Reduction Act. The OMB control number is 
0970-0140 and has been inserted at the end of section 1311.3. The 
expiration date is 7/31/99.

List of Subjects in 45 CFR Part 1311

    Education of disadvantaged, Grant programs--social programs, 
Scholarships and fellowships.

(Catalog of Federal Domestic Assistance Program Number 93.600, 
Project Head Start)

    Approved: December 17, 1996.
Olivia A. Golden,
Acting Assistant Secretary for Children and Families.
    For the reasons set forth in the Preamble, 45 CFR Chapter XIII is 
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.

[[Page 1401]]

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. (The information collection 
requirement contained in this section is approved under OMB Control 
Number 0970-0140.)


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. 97-576 Filed 1-9-97; 8:45 am]
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