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Title 42 — The Public Health and Welfare

Chapter 105 — Community Services Programs

§ 9838. Submission of plans to chief executive officer

Statutory 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 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 . 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

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Head Start Act

    Pub. L. 97–35 title VI § 643 · 95 Stat. 357

    Enacted · 42 U.S.C. § 9838

    Pub. L. 97–35, title VI, § 643, Aug. 13, 1981, 95 Stat. 502

    Source evidence

    Code source credit
    Pub. L. 97–35, title VI, § 643, Aug. 13, 1981, 95 Stat. 502

    Enacted provision · exact public law section
    Sec. 643. submission of plans to governors 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 Governor of the State, and such plan has not been disapproved by the Governor within 30 days of such submission, or, if so disapproved, 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. 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 the Governor. This section shall not, however, apply to contracts, agreements, grants, loans, or other assistance to any institution of higher education in existence on the date of the enactment of this Act.

  2. Head Start Expansion and Quality Improvement Act

    Pub. L. 101–501 title I § 110 · 104 Stat. 1222

    Substituted · 42 U.S.C. § 9838

    Pub. L. 101–501 substituted “chief executive officer” for first reference to “Governor” and “such officer” for second and third references to “Governor”

    Source evidence

    Code amendment note
    Pub. L. 101–501 substituted “chief executive officer” for first reference to “Governor” and “such officer” for second and third references to “Governor”.

    Enacted provision · exact public law section
    SEC. 110. TECHNICAL AMENDMENTS. Section 643 of the Head Start Act (42 U.S.C. 9838) is amended— (1) by striking “Governor” the first place it appears and inserting “chief executive officer”, and (2) by striking “Governor” the second and third places it appears and inserting “such officer”.

  3. Head Start Improvement Act of 1992

    Pub. L. 102–401 § 2(k)(4) · 106 Stat. 1956

    Substituted · 42 U.S.C. § 9838

    Pub. L. 102–401 substituted “such officer” for “the such officer” in two places

    Source evidence

    Code amendment note
    Pub. L. 102–401 substituted “such officer” for “the such officer” in two places.

    Enacted provision · exact public law section
    (4) Section 643 of the Head Start Act (42 U.S.C. 9838) is amended by striking “the such” each place it appears and inserting “such”.

    Effective date note
    Amendment 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.

  4. Head Start Amendments of 1998

    Pub. L. 105–285 title I § 111 · 112 Stat. 2702

    1. Substituted · 42 U.S.C. § 9838

      Pub. L. 105–285, in first sentence, substituted “45 days” for “30 days”

    2. Substituted · 42 U.S.C. § 9838

      Pub. L. 105–285, in first sentence, substituted “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”

    3. Inserted · 42 U.S.C. § 9838

      Pub. L. 105–285, in first sentence, inserted “, as evidenced by a written statement of the Secretary’s findings that is transmitted to such officer” before period

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    SEC. 111. SUBMISSION OF PLANS TO GOVERNORS. The first sentence of section 643 of the Head Start Act (42 U.S.C. 9838) is amended— (1) by striking “30 days” and inserting “45 days”; (2) by striking “so disapproved” and inserting “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)”; and (3) by inserting before the period “, as evidenced by a written statement of the Secretary’s findings that is transmitted to such officer”.

  5. Improving Head Start for School Readiness Act of 2007

    Pub. L. 110–134 § 12 · 121 Stat. 1363

    Inserted · 42 U.S.C. § 9838

    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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    SEC. 12. SUBMISSION OF PLANS.   Section 643 of the Head Start Act (42 U.S.C. 9838) is amended by adding at the end the following: “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.”.

7 of 7 references resolved to an enrolled provision

Editorial Notes

Amendments1990–2007 · 4 rounds

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 Amendment

Amendment by Pub. L. 102–401 effective , but not applicable with respect to fiscal years beginning before , see section 4 of Pub. L. 102–401, set out as a note under section 9835 of this title.

Effective Date of 1990 Amendment

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

Credits

1981–2007 · 5 acts
  1. 1981Pub. L. 97–35, title VI, § 643, , 95 Stat. 502
  2. 1990Pub. L. 101–501, title I, § 110, , 104 Stat. 1231
  3. 1992Pub. L. 102–401, § 2(k)(4), , 106 Stat. 1959
  4. 1998Pub. L. 105–285, title I, § 111, , 112 Stat. 2718
  5. 2007Pub. L. 110–134, § 12, , 121 Stat. 1414.
Show as published

(Pub. L. 97–35, title VI, § 643, , 95 Stat. 502; Pub. L. 101–501, title I, § 110, , 104 Stat. 1231; Pub. L. 102–401, § 2(k)(4), , 106 Stat. 1959; Pub. L. 105–285, title I, § 111, , 112 Stat. 2718; Pub. L. 110–134, § 12, , 121 Stat. 1414.)

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