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Title 42, The Public Health and WelfareRelease 119-102

§9838 Submission of Plans to Chief Executive Officer

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

Last updated Aug 21, 2026|Official source

Summary

Before the federal government can make a contract, grant, or other help to run a Head Start program in a State, a plan for that help must be sent to the State’s top official (usually the governor). The official has 45 days to disapprove the plan. If the official disapproves for reasons other than failure to meet State health, safety, or child-care laws (including rules that apply to similar child-care programs), the Secretary can review it again. If the Secretary finds the plan fully consistent with the law’s requirements and purposes, the Secretary must send a written statement to the State official saying so. Money to pay for the proposed help must be set aside from the appropriation that is current at the time the plan is submitted. This rule does not apply to aid to colleges or universities that existed on August 13, 1981, nor to Indian Head Start programs or to 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

Aug 21, 2026

Release point: 119-102