Page:United States Statutes at Large Volume 108 Part 1.djvu/667

 PUBLIC LAW 103-252—MAY 18, 1994 108 STAT. 641 (A) Part E of title II of the Augustus F. Hawkins- Robert T. Stafford Elementary and Secondary School Amendments of 1988 (Public Law 100-297; 102 Stat. 325) is repealed. (B) Subchapter F of chapter 8 of subtitle A of title VI of the Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35; 42 U.S.C. 9801 note, et seq.) is repealed. (c) CONFORMING AMENDMENT. —Section 638 of the Head Start Act (42 U.S.C. 9833) is amended— (1) in subsection (a) by striking "(a)"; and (2) by striking subsection (b). SEC. 113. APPEALS, NOTICE, AND HEARING. (a) MEDIATION FOR DISPUTES WITH DELEGATE AGENCIES, AND HEARING.— Section 646(a) (42 U.S.C. 9841(a)) is amended— (1) at the end of paragraph (2), by striking "and"; (2) at the end of paragraph (3), by striking the period and inserting "; and"; and (3) by adding at the end the following new paragraph: "(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.". (b) TERMINATION OF DESIGNATION NOT STAYED PENDING APPEAL. —Section 646 (42 U.S.C. 9841) is further amended by striking subsection (b) and inserting the following new subsection: "(b) In prescribing procedures for the mediation described in subsection (a)(4), the Secretary shall specify— "(1) the date by which a Head Start agency engaged in a conflict described in subsection (a)(4) will notify the appropriate regional office of the Department of the conflict; and "(2) a reasonable period for the mediation. "(c) The Secretary 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) In any case in which a termination, reduction, or suspension of financial assistance 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)(1) The Secretary shall by regulation specify a process by which an Indian tribe may identify and establish an alternative agency, and request that the alternative agency be designated under section 641 as the Head Start agency providing services to the tribe, if— "(A) the Secretary terminates financial assistance under section 646 to the only agency that was receiving financial assistance to provide Head Start services ^;o the Indian tribe; and 42 USC 9801 note, 9881 note. 42 USC 9881 et seq. Publication. Regulations. Native Americans.

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