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Title 42 — The Public Health and WelfareRelease 119-73

§9838 Submission of plans to chief executive officer

Title 42 › Chapter CHAPTER 105— - COMMUNITY SERVICES PROGRAMS › Subchapter SUBCHAPTER II— - HEAD START PROGRAMS › § 9838

Last updated Apr 6, 2026|Official source

Summary

No Head Start contract, grant, or other help for a program in a state can move forward unless a plan for it is sent to the state's governor and the governor does not disapprove within 45 days. If the governor disapproves for reasons other than the program breaking state health, safety, or child care laws, the Secretary can reconsider and approve the plan by sending a written finding to the governor. Money to pay for the approved plan must come from the appropriation that is current when the plan is sent. The rule does not apply to colleges that existed on August 13, 1981, nor to Indian, migrant, or seasonal Head Start programs.

Full Legal Text

Title 42, §9838

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

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 Secretary’s 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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2007—Pub. L. 110–134 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. 105–285, 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 Secretary’s findings that is transmitted to such officer” before period. 1992—Pub. L. 102–401 substituted “such officer” for “the such officer” in two places. 1990—Pub. L. 101–501 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. 102–401 effective Oct. 7, 1992, but not applicable with respect to fiscal years beginning before Oct. 1, 1992, see section 4 of Pub. L. 102–401, set out as a note under section 9835 of this title.

Effective Date

of 1990 AmendmentAmendment by Pub. L. 101–501 effective Oct. 1, 1990, see section 1001(a) of Pub. L. 101–501, set out as a note under section 8621 of this title.

Reference

Citations & Metadata

Citation

42 U.S.C. § 9838

Title 42 — The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73