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2026-07-06 10:51:44 -04:00

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LegalText 42 U.S.C. § 9848 Comparability of wages us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 105 COMMUNITY SERVICES PROGRAMS 9848 42 U.S.C. § 9848 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc42@119-100.zip /us/usc/t42/s9848 data/legal/raw/us/code/title-42/usc42.xml 090fb217da911547bb0364466c7295ccd2e20d060c4542931bb06fccf7b36f43 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e e0254da1f9dbd240528b18945a042edd06454a7bd259145c6677b83580932e78 2026-07-04 official
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42 U.S.C. § 9848 - Comparability of wages

Text

(a) Comparability of wages The Secretary shall take such action as may be necessary to assure that persons employed in carrying out programs financed under this subchapter shall not receive compensation at a rate which is (1) in excess of the average rate of compensation paid in the area where the program is carried out to a substantial number of the persons providing substantially comparable services, or in excess of the average rate of compensation paid to a substantial number of the persons providing substantially comparable services in the area of the persons immediately preceding employment, whichever is higher; or (2) less than the minimum wage rate prescribed in section 206(a)(1) of title 29. The Secretary shall encourage Head Start agencies to provide compensation according to salary scales that are based on training and experience.

(b) Limitation (1) In general Notwithstanding any other provision of law, no Federal funds may be used to pay any part of the compensation of an individual employed by a Head Start agency, if such compensation, including non-Federal funds, exceeds an amount equal to the rate payable for level II of the Executive Schedule under section 5313 of title 5.

(2) Compensation In this subsection, the term “compensation”—

(A) includes salary, bonuses, periodic payments, severance pay, the value of any vacation time, the value of a compensatory or paid leave benefit not excluded by subparagraph (B), and the fair market value of any employee perquisite or benefit not excluded by subparagraph (B); and

(B) excludes any Head Start agency expenditure for a health, medical, life insurance, disability, retirement, or any other employee welfare or pension benefit.

(Pub. L. 9735, title VI, § 653, Aug. 13, 1981, 95 Stat. 507; Pub. L. 101501, title I, § 122, Nov. 3, 1990, 104 Stat. 1237; Pub. L. 110134, § 22, Dec. 12, 2007, 121 Stat. 1442.)

Notes

Editorial Notes

Amendments2007—Pub. L. 110134 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). 1990—Pub. L. 101501 inserted at end “The Secretary shall encourage Head Start agencies to provide compensation according to salary scales that are based on training and experience.”

Statutory Notes and Related Subsidiaries

Effective Date of 1990 AmendmentAmendment by Pub. L. 101501 effective Oct. 1, 1990, see section 1001(a) of Pub. L. 101501, set out as a note under section 8621 of this title.