Head Start Improvement Act of 1992
PL 102-401 (H.R.5630), enacted 10/07/1992

106 STAT. 1956 
PUBLIC LAW 102-401—OCT. 7, 1992 
Public Law 102-401 
102d Congress 
An Act 
Oct. 7, 1992 
[H.R. 5630] 
Head Start 
Improvement 
Act of 1992. 
Children and 
youth. 
42 use 9801 
note. 
To amend the Head Start Act to expand services provided by Head Start programs; 
to expand the authority of the Secretary of Health and Human Services to 
reduce the amount of matching funds required to be provided by particular 
Head Start agencies; to authorize the purchase of Head Start facilities; and 
for other purposes. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
SECTION. 1. SHORT TITLE. 
This Act may be cited as the "Head Start Improvement Act 
of 1992". 
SEC. 2. AMENDMENTS. 
(a) ALLOTMENT OF QUALITY IMPROVEMENT FUNDS.—Section 
640(a)(3)(B) of the Head Start Act (42 U.S.C. 9835(a)(3)(B)) is 
amended— 
(1) in clauses (i) and (iii) bv striking "and second" and 
inserting ", second, and third", and 
(2) in clause (ii) by striking "second" and inserting "third". 
(b) PARENTAL SKILLS.—Section 640(a)(4)(B)(i)(II) of the Head 
Start Act (42 U.S.C. 9835(aX4)(B)(iXII)) is amended by inserting 
", literacy," after "skills". 
(c) REDUCTION OF REQUIRED AMOUNT OF MATCHING FUNDS.— 
Section 640(b) of the Head Start Act (42 U.S.C. 9835(b)) is 
amended— 
(1) in the first sentence by striking ", in accordance with 
regulations establishing objective criteria,", and 
(2) by inserting after the first sentence the following: 
'Tor the purpose of making such determination, the Secretary shall 
take into consideration with respect to the Head Start program 
involved— 
"(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; 
"(2) the impact of the cost the Head Start agency may 
incur in initial years it carries out such program; 
"(3) the impact of an unanticipated increase in the cost 
the Head Start agency may incur to carry out such program; 
"(4) whether the Head Start agency is located in a commu-
nity adversely affected by a major disaster; and 
"(5) the impact on the community that would result if 
the Head Start agency ceased to carry out such program.". 
(d) ISSUANCE OF TRANSPORTATION SAFETY REGULATIONS.—Sec-
tion 640 of the Head Start Act (42 U.S.C. 9835) is amended by 
adding at the end the following: 
"(i) The Secretary shall issue regulations establishing require-
ments for the safety features, and the safe operation, of vehicles 
PUBLIC LAW 102-401—OCT. 7, 1992 
106 STAT. 1957 
used by Head Start agencies to transport children participating 
in Head Start programs.". 
(e) Loss OF PRIORITY.—(1) Section 641(c)(1) of the Head Start 
Act (42 U.S.C. 9836(cXl)) is amended by adding at the end the 
following: 
"Notwithstanding any other provision of this paragraph, the Sec-
retary 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 Sec-
retary after affording such agency reasonable notice and opportunity 
for a full and fair hearing in accordance with section 646(a)(3).". 
(2) The amendment made by paragraph (1) shall apply only 42USC9836 
with respect to terminations of financial assistance, and cienials 
" 
of refunding, occurring after July 29,1992. 
(0 REVIEW OF HEAD START AGENCIES.—Section 641(c)(2) of 
the Head Start Act (42 U.S.C. 9836(c)(2)) is amended— 
(1) by inserting "(A)" after "(2)", and 
(2) by adding at the end the following: 
"(B) The Secretary shall conduct a review of each newly des-
ignated Head Start agency immediately after the completion of 
the first year such agency carries out a Head Start program. 
"(C) The Secretary shall conduct followup reviews of Head 
Start agencies when appropriate.". 
(g) DESIGNATION OF HEAD START AGENCIES.—Section 641(d) 
of the Head Start Act (42 U.S.C. 9836(d)) is amended— 
(1) in paragraph (6) by striking "and" at the end, 
(2) in paragraph (7) by striking the period at the end 
and inserting a semicolon, and 
(3) by adding at the end the following: 
"(8) the plan of such applicant to provide (directly or 
through referral to educational services available in the commu-
nity) 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 poten-
tial; and 
"(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.". 
(h) INTERIM GRANTEE.—Section 641 of the Head Start Act (42 
U.S.C. 9836) is amended— 
(1) in subsection (e) by striking "(c) and (d)" and inserting 
"(c), (d), and (e)", 
(2) by redesignating subsections (e) and (f) as subsections 
(f) and (g), respectively, and 
(3) by inserting after subsection (d) the following: 
"(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.". 
(i) POWERS AND FUNCTIONS OF HEAD START AGENCIES.—Section 
642(b) of the Head Start Act (42 U.S.C. 9836(b)) is amended— 
42 use 9837. 
(1) by striking "and (5)" and inserting "(5)", and 
(2) 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 
106 STAT. 1958 
PUBLIC LAW 102-401—OCT. 7, 1992 
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.". 
(j) ADMINISTRATIVE REQUIREMENTS AND STANDARDS.—Section 
644 of the Head Start Act (42 U.S.C. 9839) is amended— 
(1) in subsection (b) by striking "No" and inserting "Except 
as provided in subsection (f), no", 
(2) in the first sentence of subsection (c) by striking "sub-
section (a)" and inserting "subsections (a) and (f)", and 
(3) by adding at the end the following: 
"(f)(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. 
"(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 description of the site of the facility proposed to 
be purchased; 
"(B) the plans and specifications of such facility; 
"(C) information demonstrating that— 
"(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 
"(ii) the lack of alternative facilities will prevent the 
operation of such program; and 
"(D) such other information and assurances as the Sec-
retary may require.". 
(k) TECHNICAL AMENDMENTS.—(1) Section 640 of the Head Start 
Act (42 U.S.C. 9835) is amended— 
(A) in subsection (a)— 
(i) in paragraph (2)— 
(I) in subparagraph (A) by inserting "children" 
after "handicapped", 
(H) in subparagraph (B) by striking "Common-
wealth of," and inserting "Commonwealth of, and 
(HI) in subparagraph (C) by striking "any", 
(ii) in paragraph 
(3)(A)(vi) by striking 
"section 
640(a)(2)(C)" and inserting "paragraph (2)(C)", and 
(iii) in paragraph (5)(B)(i) by striking "clause (A)" and 
inserting "subparagraph (A)", and 
(B) in subsection (g) by striking "for all" and inserting 
"For Air. 
(2) Section 640A(b) of the Head Start Act (42 U.S.C. 9835a) 
is amended— 
(A) in paragraph (1) by striking "solution" and inserting 
"solutions", and 
(B) in paragraph (7)— 
(i) in clause (iii) by striking "the", and 
(ii) in clause (iv) by striking "the" the first place it 
appears. 
PUBLIC LAW 102-401—OCT. 7, 1992 
106 STAT. 1959 
(3) Section 642(c) of the Head Start Act (42 U.S.C. 9837(c)) 
is amended by striking "subtitle" and inserting "subchapter". 
(4) 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". 
(5) Section 651(g) of the Head Start Act (42 U.S.C. 9846(g)) 
is amended— 
(A) by striking "physicial" and inserting "physical", and 
(B) by striking "(g)(1)" and inserting "(g)". 
(6) Section 651A of the Head Start Act (42 U.S.C. 9846a) 
is amended— 
(A) in subsection (f) by striking "COMPARISION" and insert-
ing "COMPARISON", and 
(B) in subsection (g) by inserting "of title I of the 
Elementary and Secondary Education Act of 1965" after "chap-
ter 1". 
SEC. 3. TECHNICAL AMENDMENTS RELATING TO THE CHILD CARE 
AND DEVELOPMENT BLOCK GRANT ACT OF 1990. 
(a) PLACEMENT OF ACT.—Section 5082 of the Omnibus Budget 42 use 9858 et 
ReconciHation Act of 1990 (Public Law 101-508; 104 Stat. 1388- ^^'^ 
236) is amended in the matter preceding paragraph (1) by striking 
"title IV" and inserting "title VI". 
(b) REFERENCES IN DEFINITIONS.—Section 658P of the Child 
Care and Development Block Grant Act of 1990 (42 U.S.C. 9858n) 
is amended— 
(1) in paragraph (7)— 
(A) by striking "section 4(b)" and inserting "section 
4(e)", and 
(B) by striking "(25 U.S.C. 450b(b))" and inserting "(25 
U.S.C. 450b(e))", and 
(2) in paragraph (14)— 
(A) by striking "section 4(c)" and inserting "section 
4(1)", and 
(B) by striking "(25 U.S.C. 450b(c))" and inserting "(25 
U.S.C. 450b(l))". 
SEC. 4. EFFECTIVE DATES; APPLICATION OF AMENDMENTS. 
42 USC 9835 
(a) EFFECTIVE DATES.—(1) 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. 
(2) The amendment made by section 2(e)(1) shall take effect 
on July 30,1992. 
(b) APPLICATION OF AMENDMENTS.—The amendments made by 
this Act, other than the amendment made by section 2(e)(1), shall 
106 STAT. 1960 
PUBLIC LAW 102-401—OCT. 7, 1992 
not apply with respect to fiscal years beginning before Octo-
ber 1, 1992. 
Approved October 7, 1992. 
LEGISLATIVE HISTORY—H.R. 5630: 
HOUSE REPORTS: No. 102-763 (Comm. on Education and Labor). 
CONGRESSIONAL RECORD, Vol. 138 (1992): 
Aug. 3, considered and passed House. 
Sept. 24, considered and passed Senate.