
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC9838]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 105--COMMUNITY SERVICES PROGRAMS
 
                   SUBCHAPTER II--HEAD START PROGRAMS
 
Sec. 9838. Submission of plans to chief executive officer

    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.

(Pub. L. 97-35, title VI, Sec. 643, Aug. 13, 1981, 95 Stat. 502; Pub. L. 
101-501, title I, Sec. 110, Nov. 3, 1990, 104 Stat. 1231; Pub. L. 102-
401, Sec. 2(k)(4), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 105-285, title 
I, Sec. 111, Oct. 27, 1998, 112 Stat. 2718.)


                               Amendments

    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''.


                    Effective Date of 1992 Amendment

    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.


                    Effective Date of 1990 Amendment

    Amendment 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.
