U.S. Code » Title 42 » Chapter CHAPTER 105— COMMUNITY SERVICES PROGRAMS › Subchapter SUBCHAPTER II— HEAD START PROGRAMS

42 U.S.C. § 9851

Political activities

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(a) State or local agency

For purposes of chapter 15 of title 5, any agency which assumes responsibility for planning, developing, and coordinating Head Start programs and receives assistance under this subchapter shall be deemed to be a State or local agency. For purposes of clauses (1) and (2) of section 1502(a) of such title, any agency receiving assistance under this subchapter shall be deemed to be a State or local agency.

(b) Restrictions(1) In generalA program assisted under this subchapter, and any individual employed by, or assigned to or in, a program assisted under this subchapter (during the hours in which such individual is working on behalf of such program), shall not engage in—(A) any partisan or nonpartisan political activity or any other political activity associated with a candidate, or contending faction or group, in an election for public or party office; or(B) any activity to provide voters or prospective voters with transportation to the polls or similar assistance in connection with any such election.(2) Registration

No funds appropriated under this subchapter may be used to conduct voter registration activities. Nothing in this subchapter prohibits the availability of Head Start facilities during hours of operation for the use of any nonpartisan organization to increase the number of eligible citizens who register to vote in elections for Federal office.

(3) Rules and regulations

The Secretary, after consultation with the Director of the Office of Personnel Management, may issue rules and regulations to provide for the enforcement of this section, which may include provisions for summary suspension of assistance or other action necessary to permit enforcement on an emergency basis.

(Pub. L. 97–35, title VI, § 656, Aug. 13, 1981, 95 Stat. 508; Pub. L. 110–134, § 24, Dec. 12, 2007, 121 Stat. 1443.)Editorial NotesAmendments

2007—Subsec. (a). Pub. L. 110–134, § 24(1), inserted heading.

Subsec. (b). Pub. L. 110–134, § 24(2), added subsec. (b) and struck out former subsec. (b) which read as follows: “Programs assisted under this subchapter shall not be carried on in a manner involving the use of program funds, the provision of services, or the employment or assignment of personnel in a manner supporting or resulting in the identification of such programs with (1) any partisan or nonpartisan political activity or any other political activity associated with a candidate, or contending faction or group, in an election for public or party office; (2) any activity to provide voters or prospective voters with transportation to the polls or similar assistance in connection with any such election; or (3) any voter registration activity. The Secretary, after consultation with the Office of Personnel Management, shall issue rules and regulations to provide for the enforcement of this section, which shall include provisions for summary suspension of assistance or other action necessary to permit enforcement on an emergency basis.”

Notes of Decisions
Cited in 3 cases, 1997–2009 · leading case: Burke v. Bennett, 907 N.E.2d 529 (Ind. 2009).
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Burke v. Bennett, 907 N.E.2d 529 (Ind. 2009). “" 42 U.S.C. § 9851 (a). Pursuant to Indiana Code $ 3-12-8-1, an Indiana election contest action permits a post-election challenge to the winning candidate.”
Burke v. Bennett, 896 N.E.2d 505 (Ind. Ct. App. 2008). · cites it 12× “The statute that applies the Hatch Act to Head Start Grant recipients is 42 U.S.C. § 9851 , which states: "[f]or purposes of Chapter 15 of title 5, United States Code [ ] any agency which assumes responsibility for planning, developing, *511 and coordinating Head Start programs…”
Families Achieving Indep. & Respect v. Nebraska Dep't of Soc. Servs., 111 F.3d 1408 (8th Cir. 1997). · cites it 2× “Indeed, Head Start programs are prohibited by federal law from engaging in "any partisan or nonpartisan political activity," 42 U.S.C. § 9851 (b)(1), and there is no evidence in the record to suggest that the provision of tax assistance by VITA, nutrition information by EFNEP,…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.