---
kind: "section"
citation: "42 U.S.C. § 9841"
title: "42"
title_heading: "The Public Health and Welfare"
number: "9841"
heading: "Appeals, notice, hearing, and mediation; alternative agency for Indian tribe"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/9841"
units:
  - "Chapter 105 — Community Services Programs"
  - "Subchapter II — Head Start Programs"
---

# §9841. Appeals, notice, hearing, and mediation; alternative agency for Indian tribe

- (a) **Notice requirements; suspension or termination of assistance stayed pending hearing; mediation—** The [Secretary](/usc/42/9832.md?p=24) shall prescribe—
  - (1) procedures to assure that special notice of and an opportunity for a timely and expeditious appeal to the [Secretary](/usc/42/9832.md?p=24) will be provided for an [agency](/usc/42/8262.md?p=1) or organization which desires to serve as a [delegate agency](/usc/42/9832.md?p=3) under this subchapter and whose application to the Head Start [agency](/usc/42/8262.md?p=1) has been wholly or substantially rejected or has not been acted upon within a period of time deemed reasonable by the [Secretary](/usc/42/9832.md?p=24), in accordance with regulations which the [Secretary](/usc/42/9832.md?p=24) shall prescribe;
  - (2) procedures to assure that [financial assistance](/usc/42/9832.md?p=5) under this subchapter shall not be suspended, except in emergency situations, unless the recipient [agency](/usc/42/8262.md?p=1) has been given reasonable notice and opportunity to show cause why such action should not be taken;
  - (3) procedures to assure that [financial assistance](/usc/42/9832.md?p=5) under this subchapter may be terminated or reduced, and an application for refunding may be denied, after the recipient has been afforded reasonable notice and opportunity for a full and fair hearing, including—
    - (A) a right to file a notice of appeal of a decision not later than 30 days after notice of the decision from the [Secretary](/usc/42/9832.md?p=24); and
    - (B) access to a full and fair hearing of the appeal, not later than 120 days after receipt by the [Secretary](/usc/42/9832.md?p=24) of the notice of appeal;
  - (4) procedures (including mediation procedures) are developed and published, to be used in order to—
    - (A) resolve in a timely manner conflicts potentially leading to an adverse action between—
      - (i) recipients of [financial assistance](/usc/42/9832.md?p=5) under this subchapter; and
      - (ii) [delegate agencies](/usc/42/9832.md?p=3), or policy councils of Head Start [agencies](/usc/42/8262.md?p=1);
    - (B) avoid the need for an administrative hearing on an adverse action; and
    - (C) prohibit a Head Start [agency](/usc/42/8262.md?p=1) from expending [financial assistance](/usc/42/9832.md?p=5) awarded under this subchapter for the purpose of paying legal fees, or other costs incurred, pursuant to an appeal under [paragraph (3)](#a-3);
  - (5) procedures to assure that the [Secretary](/usc/42/9832.md?p=24) may suspend [financial assistance](/usc/42/9832.md?p=5) to a recipient under this subchapter—
    - (A) except as provided in [subparagraph (B)](#a-5-B), for not more than 30 days; or
    - (B) in the case of a recipient under this subchapter that has multiple and recurring [deficiencies](/usc/42/9832.md?p=2) for 180 days or more and has not made substantial and significant progress toward meeting the goals of the grantee’s quality improvement plan or eliminating all [deficiencies](/usc/42/9832.md?p=2) identified by the [Secretary](/usc/42/9832.md?p=24), during the hearing of an appeal described in [paragraph (3)](#a-3), for any amount of time; and
  - (6) procedures to assure that in cases where a Head Start [agency](/usc/42/8262.md?p=1) prevails in a decision under [paragraph (4)](#a-4), the [Secretary](/usc/42/9832.md?p=24) may determine and provide a reimbursement to the Head Start [agency](/usc/42/8262.md?p=1) for fees deemed reasonable and customary.
- (b) **Notification of conflict by Head Start agency to regional office—** In prescribing procedures for the mediation described in [subsection (a)(4)](#a-4), the [Secretary](/usc/42/9832.md?p=24) shall specify—
  - (1) the date by which a Head Start [agency](/usc/42/8262.md?p=1) engaged in a conflict described in [subsection (a)(4)](#a-4) will notify the appropriate regional office of the Department of the conflict; and
  - (2) a reasonable period for the mediation.
- (c) **Timeline for administrative hearing—** The [Secretary](/usc/42/9832.md?p=24) shall also specify—
  - (1) a timeline for an administrative hearing, if necessary, on an adverse action; and
  - (2) a timeline by which the person conducting the administrative hearing shall issue a decision based on the hearing.
- (d) **Termination of designation not stayed upon appeal—** In any case in which a termination, reduction, or suspension of [financial assistance](/usc/42/9832.md?p=5) under this subchapter is upheld in an administrative hearing under this section, such termination, reduction, or suspension shall not be stayed pending any judicial appeal of such administrative decision.
- (e) **Establishment of alternative agency by Indian tribe—**
  - (1) The [Secretary](/usc/42/9832.md?p=24) shall by regulation specify a process by which an [Indian tribe](/usc/42/9832.md?p=12) may identify and establish an alternative [agency](/usc/42/8262.md?p=1), and request that the alternative [agency](/usc/42/8262.md?p=1) be designated under [section 9836 of this title](/usc/42/9836.md) as the Head Start [agency](/usc/42/8262.md?p=1) providing services to the tribe, if—
    - (A) the [Secretary](/usc/42/9832.md?p=24) terminates [financial assistance](/usc/42/9832.md?p=5) under this section to the only [agency](/usc/42/8262.md?p=1) that was receiving [financial assistance](/usc/42/9832.md?p=5) to provide Head Start services to the [Indian tribe](/usc/42/9832.md?p=12); and
    - (B) the tribe would otherwise be precluded from providing such services to the members of the tribe.
  - (2) The regulation required by this subsection shall prohibit such designation of an alternative [agency](/usc/42/8262.md?p=1) that includes an employee who—
    - (A) served on the administrative staff or program staff of the [agency](/usc/42/8262.md?p=1) described in [paragraph (1)(A)](#e-1-A); and
    - (B) was responsible for a [deficiency](/usc/42/9832.md?p=2) that—
      - (i) relates to the performance standards or financial management standards described in [section 9836a(a)(1) of this title](/usc/42/9836a.md?p=a-1); and
      - (ii) was the basis for the termination of [financial assistance](/usc/42/9832.md?p=5) described in [paragraph (1)(A)](#e-1-A);

      as determined by the [Secretary](/usc/42/9832.md?p=24) after providing the notice and opportunity described in [subsection (a)(3)](#a-3).


## Source credit

(Pub. L. 97–35, title VI, § 646, Aug. 13, 1981, 95 Stat. 504; Pub. L. 101–501, title I, § 115, Nov. 3, 1990, 104 Stat. 1232; Pub. L. 103–252, title I, § 113, May 18, 1994, 108 Stat. 641; Pub. L. 110–134, § 16, Dec. 12, 2007, 121 Stat. 1421.)

## Notes

### Editorial Notes

### Amendments

2007—Subsec. (a). Pub. L. 110–134, § 16(1), struck out “procedures to assure that” after “prescribe” in introductory provisions.

Subsec. (a)(1), (2). Pub. L. 110–134, § 16(2), inserted “procedures to assure that” after the par. designation.

Subsec. (a)(3) to (6). Pub. L. 110–134, § 16(3), added pars. (3) to (6) and struck out former pars. (3) and (4) which read as follows:

“(3) financial assistance under this subchapter shall not be terminated or reduced, an application for refunding shall not be denied, and a suspension of financial assistance shall not be continued for longer than 30 days, unless the recipient has been afforded reasonable notice and opportunity for a full and fair hearing; and

“(4) the Secretary shall develop and publish procedures (including mediation procedures) to be used in order to—

“(A) resolve in a timely manner conflicts potentially leading to adverse action between—

“(i) recipients of financial assistance under this subchapter; and

“(ii) delegate agencies or Head Start Parent Policy Councils; and

“(B) avoid the need for an administrative hearing on an adverse action.”

1994—Subsec. (a)(4). Pub. L. 103–252, § 113(a), added par. (4).

Subsecs. (b) to (e). Pub. L. 103–252, § 113(b), added subsecs. (b) to (e) and struck out former subsec. (b) which read as follows: “The Secretary may not prescribe any procedure that would modify the operation of section 1303.21 or 1303.33, or any of subdivisions (a) through (f) of section 1303.35, of title 45 of the Code of Federal Regulations as in effect on April 1, 1990.”

1990—Subsec. (a). Pub. L. 101–501, § 115(1), (2), designated existing provisions as subsec. (a) and inserted “or reduced” after “terminated” in par. (3).

Subsec. (b). Pub. L. 101–501, § 115(3), added subsec. (b).

### Statutory Notes and Related Subsidiaries

### Effective Date of 1994 Amendment

Amendment by Pub. L. 103–252 effective May 18, 1994, but not applicable to Head Start agencies and other recipients of financial assistance under the Head Start Act (42 U.S.C. 9831 et seq.) until Oct. 1, 1994, see section 127 of Pub. L. 103–252, set out as a note under section 9832 of this title.

### Effective Date of 1990 Amendment

Amendment by section 115(1), (2) of Pub. L. 101–501 effective Oct. 1, 1990, and amendment by section 115(3) of Pub. L. 101–501 effective Apr. 1, 1990, see section 1001(a), (b)(2) of Pub. L. 101–501, set out as a note under section 8621 of this title.