42 U.S.C. § 9848

Comparability of wages

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(a) Comparability of wages

The Secretary shall take such action as may be necessary 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 206(a)(1) of title 29. The Secretary shall encourage Head Start agencies to provide compensation according to salary scales that are based on training and experience.

(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.

(2) CompensationIn 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.(Pub. L. 97–35, title VI, § 653, Aug. 13, 1981, 95 Stat. 507; Pub. L. 101–501, title I, § 122, Nov. 3, 1990, 104 Stat. 1237; Pub. L. 110–134, § 22, Dec. 12, 2007, 121 Stat. 1442.)Editorial NotesAmendments

2007—Pub. L. 110–134 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

1990—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.”

Statutory Notes and Related SubsidiariesEffective Date of 1990 Amendment

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.

Notes of Decisions

Cited in 4 cases, 1985–2004 · leading case: Nat'l Head Start Ass'n v. Dep't of Health & Human Servs., 297 F. Supp. 2d 242 (D.D.C. 2004).

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Nat'l Head Start Ass'n v. Dep't of Health & Human Servs., 297 F. Supp. 2d 242 (D.D.C. 2004). “42 U.S.C. § 9848 ; see also 42 U.S.C. § 9846 (a)(7) (including the salaries of Head Start staff among subjects to be discussed “at least once during every two-year period” in an HHS report to the House Committee on Education and the Workforce and the Senate Committee on Labor…”

Nat'l Labor Relations Bd. v. Young Women's Christian Ass'n of Metro. St. Louis,respondent, 192 F.3d 1111 (8th Cir. 1999). “See 42 U.S.C. § 9848 . When the YWCA applied for its grant to administer the Head Start program, the government mandated changes in the proposed salary ranges, including significant decreases for some positions.”

Smith v. Friends of Child. of Mississippi, Inc., 616 F. Supp. 180 (S.D. Miss. 1985). · cites it 9× “§ 2951 (a), was subsequently repealed but reenacted in nearly identical language at 42 U.S.C. § 9848 , Subchapter II of Chapter 105, Community Services Programs, 42 U.”

Nlrb v. Ywca (8th Cir. 1999). “See 42 U.S.C. § 9848 . When the YWCA applied for its grant to administer the Head Start program, the government mandated changes in the proposed salary ranges, including significant decreases for some positions.”

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