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Title 42, The Public Health and WelfareRelease 119-110

§9851 Political Activities

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

Last updated Sep 22, 2026|Official source

Summary

Agencies that plan, develop, or run Head Start and get federal help are treated like state or local agencies for certain federal personnel rules. Also, any agency that gets Head Start funds is treated the same for two specific clauses of federal law. Head Start programs and staff cannot do political work for candidates, parties, or rival groups while on the job. They also cannot give voters rides to polls or use program money for voter registration. Head Start sites may be used during normal hours by nonpartisan groups to help eligible people register for federal elections. The Secretary, after talking with the Office of Personnel Management, can make and enforce rules, including emergency suspensions of funding.

Full Legal Text

Title 42, §9851

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

(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 general
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)
(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.

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 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110