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LegalText 42 U.S.C. § 9838 Submission of plans to chief executive officer us united_states_code code_section 42 THE PUBLIC HEALTH AND WELFARE 105 COMMUNITY SERVICES PROGRAMS 9838 42 U.S.C. § 9838 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/s9838 data/legal/raw/us/code/title-42/usc42.xml 26cfcddcfd875328022b2a8f730b117a32a4ea4d5bc2ffd9c921501f9363be3d 644321055a08eb1f260a6a3e31ac157fa024756abf612a9fd6857e7e400cf24e 00d4fbf9d17b4bc7d084dbf21bc0c85e3f39c4acf7cf990363f0b52a54c3cb16 2026-07-04 official
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42 U.S.C. § 9838 - Submission of plans to chief executive officer

Text

In carrying out the provisions of this subchapter, no contract, agreement, grant, or other assistance shall be made for the purpose of carrying out a Head Start program within a State unless a plan setting forth such proposed contract, agreement, grant, or other assistance has been submitted to the chief executive officer of the State, and such plan has not been disapproved by such officer within 45 days of such submission, or, if disapproved (for reasons other than failure of the program to comply with State health, safety, and child care laws, including regulations applicable to comparable child care programs in the State), has been reconsidered by the Secretary and found by the Secretary to be fully consistent with the provisions and in furtherance of the purposes of this subchapter, as evidenced by a written statement of the Secretarys findings that is transmitted to such officer. Funds to cover the costs of the proposed contract, agreement, grant, or other assistance shall be obligated from the appropriation which is current at the time the plan is submitted to such officer. This section shall not, however, apply to contracts, agreements, grants, loans, or other assistance to any institution of higher education in existence on August 13, 1981. This section shall not apply to contracts, agreements, grants, loans, or other assistance for Indian Head Start programs or migrant or seasonal Head Start programs.

(Pub. L. 9735, title VI, § 643, Aug. 13, 1981, 95 Stat. 502; Pub. L. 101501, title I, § 110, Nov. 3, 1990, 104 Stat. 1231; Pub. L. 102401, § 2(k)(4), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 105285, title I, § 111, Oct. 27, 1998, 112 Stat. 2718; Pub. L. 110134, § 12, Dec. 12, 2007, 121 Stat. 1414.)

Notes

Editorial Notes

Amendments2007—Pub. L. 110134 inserted at end “This section shall not apply to contracts, agreements, grants, loans, or other assistance for Indian Head Start programs or migrant or seasonal Head Start programs.” 1998—Pub. L. 105285, in first sentence, substituted “45 days” for “30 days” and “disapproved (for reasons other than failure of the program to comply with State health, safety, and child care laws, including regulations applicable to comparable child care programs in the State)” for “so disapproved” and inserted “, as evidenced by a written statement of the Secretarys findings that is transmitted to such officer” before period. 1992—Pub. L. 102401 substituted “such officer” for “the such officer” in two places. 1990—Pub. L. 101501 substituted “chief executive officer” for first reference to “Governor” and “such officer” for second and third references to “Governor”.

Statutory Notes and Related Subsidiaries

Effective Date of 1992 AmendmentAmendment by Pub. L. 102401 effective Oct. 7, 1992, but not applicable with respect to fiscal years beginning before Oct. 1, 1992, see section 4 of Pub. L. 102401, set out as a note under section 9835 of this title.

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.