Title 42The Public Health and WelfareRelease 119-73

§9851 Political activities

Title 42 › Chapter CHAPTER 105— - COMMUNITY SERVICES PROGRAMS › Subchapter SUBCHAPTER II— - HEAD START PROGRAMS › § 9851

Last updated Apr 6, 2026|Official source

Summary

Treats any agency that plans, develops, or coordinates Head Start programs and gets help under this law as a State or local agency for parts of Title 5 (chapter 15 and clauses (1) and (2) of section 1502(a)). Head Start programs and staff, while working for the program, must not take part in political activities tied to candidates, parties, or competing groups, and must not give voters rides or similar help to vote. Money from this law cannot pay for voter registration drives. Head Start sites may let nonpartisan groups use the space during open hours to help people register to vote in Federal elections. The Secretary, after talking with the Director of the Office of Personnel Management, can make rules and use emergency actions like temporarily stopping assistance to enforce these limits.

Full Legal Text

Title 42, §9851

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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)(1)A 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)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)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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

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.”

Reference

Citations & Metadata

Citation

42 U.S.C. § 9851

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73