[Federal Register Volume 61, Number 95 (Wednesday, May 15, 1996)]
[Proposed Rules]
[Pages 24467-24469]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12124]



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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), 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:
    <bullet> To whom Fellowships may be competitively awarded;
    <bullet> Placement locations for Head Start Fellows;
    <bullet> The duration of Head Start Fellowships; and
    <bullet> 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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