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Title 42 — The Public Health and Welfare

Chapter 105 — Community Services Programs

§ 9858b. Lead agency

Statutory text

(a)

Designation

The Governor of a State desiring to receive a grant under this subchapter shall designate an agency (which may be an appropriate collaborative agency), or establish a joint interagency office, that complies with the requirements of subsection (b) to serve as the lead agency for the State under this subchapter.

(b)

Duties

(1)

In general

The lead agency shall—

(A)

administer, directly or through other governmental or nongovernmental agencies, the financial assistance received under this subchapter by the State;

(B)

develop the State plan to be submitted to the Secretary under section 9858c(a) of this title;

(C)

in conjunction with the development of the State plan as required under subparagraph (B), hold at least one hearing in the State with sufficient time and Statewide distribution of the notice of such hearing, to provide to the public an opportunity to comment on the provision of child care services under the State plan;

(D)

coordinate the provision of services under this subchapter with other Federal, State and local child care and early childhood development programs; and

(E)

at the option of an Indian tribe or tribal organization in the State, collaborate and coordinate with such Indian tribe or tribal organization in the development of the State plan in a timely manner.

(2)

Development of plan

In the development of the State plan described in paragraph (1)(B), the lead agency shall consult with appropriate representatives of units of general purpose local government.

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. Pub. L. 97–35 title VI § 658D · 95 Stat. 357

    Enacted · 42 U.S.C. § 9858b

    Pub. L. 97–35, title VI, § 658D, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–236

    Source evidence

    Code source credit
    Pub. L. 97–35, title VI, § 658D, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–236

  2. Head Start Improvement Act of 1992

    Pub. L. 102–401 § 3(a) · 106 Stat. 1956

    Added · 42 U.S.C. § 9858b

    Pub. L. 102–401 and Pub. L. 102–586 made identical technical corrections to directory language of Pub. L. 101–508, § 5082(2), which added this section

    Source evidence

    Code amendment note
    Pub. L. 102–401 and Pub. L. 102–586 made identical technical corrections to directory language of Pub. L. 101–508, § 5082(2), which added this section.

    Enacted provision · exact public law section
    (a) Placement of Act.— Section 5082 of the Omnibus Budget 42 USC 9858 et seq. Reconciliation Act of 1990 (Public Law 101–508; 104 Stat. 1388–236) is amended in the matter preceding paragraph (1) by striking “title IV” and inserting “title VI”.

  3. Child Care and Development Block Grant Amendments of 1996

    Pub. L. 104–193 § 604(1)(A) · 110 Stat. 2105

    Substituted · 42 U.S.C. § 9858b(b)(1)(A)

    Pub. L. 104–193, § 604(1)(A), substituted “governmental or nongovernmental agencies” for “State agencies”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(A). Pub. L. 104–193, § 604(1)(A), substituted “governmental or nongovernmental agencies” for “State agencies”.

    Enacted provision · exact public law section
    (A) in subparagraph (A), by striking “State” the first place that such appears and inserting “governmental or nongovernmental”; and

    Effective date note
    Amendment by Pub. L. 104–193 effective Oct. 1, 1996, see section 615 of Pub. L. 104–193, set out as a note under section 9858 of this title

  4. Child Care and Development Block Grant Amendments of 1996

    Pub. L. 104–193 § 604(1)(B) · 110 Stat. 2105

    Inserted · 42 U.S.C. § 9858b(b)(1)(C)

    Pub. L. 104–193, § 604(1)(B), inserted “with sufficient time and Statewide distribution of the notice of such hearing,” after “hearing in the State”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(C). Pub. L. 104–193, § 604(1)(B), inserted “with sufficient time and Statewide distribution of the notice of such hearing,” after “hearing in the State”.

    Enacted provision · exact public law section
    (B) in subparagraph (C), by inserting “with sufficient time and Statewide distribution of the notice of such hearing,” after “hearing in the State”; and

    Effective date note
    Amendment by Pub. L. 104–193 effective Oct. 1, 1996, see section 615 of Pub. L. 104–193, set out as a note under section 9858 of this title

  5. Child Care and Development Block Grant Amendments of 1996

    Pub. L. 104–193 § 604(2) · 110 Stat. 2105

    Struck · 42 U.S.C. § 9858b(b)(2)

    Pub. L. 104–193, § 604(2), struck out at end “Such consultations may include consideration of local child care needs and resources, the effectiveness of existing child care and early childhood development services, and the methods by which funds made available under this subchapter can be used to effectively address local shortages.”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 104–193, § 604(2), struck out at end “Such consultations may include consideration of local child care needs and resources, the effectiveness of existing child care and early childhood development services, and the methods by which funds made available under this subchapter can be used to effectively address local shortages.”

    Enacted provision · exact public law section
    (2) in paragraph (2), by striking the second sentence.

    Effective date note
    Amendment by Pub. L. 104–193 effective Oct. 1, 1996, see section 615 of Pub. L. 104–193, set out as a note under section 9858 of this title

  6. Child Care and Development Block Grant Act of 2014

    Pub. L. 113–186 § 4(a) · 128 Stat. 1971

    1. Substituted · 42 U.S.C. § 9858b(a)

      Pub. L. 113–186, § 4(a), substituted “Governor” for “chief executive officer”

    2. Substituted · 42 U.S.C. § 9858b(a)

      Pub. L. 113–186, § 4(a), substituted “designate an agency (which may be an appropriate collaborative agency), or establish a joint interagency office, that complies with the requirements of subsection (b) to serve as the lead agency for the State under this subchapter” for “designate, in an application submitted to the Secretary under section 9858c of this title, an appropriate State agency that complies with the requirements of subsection (b) of this section to act as the lead agency”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 113–186, § 4(a), substituted “Governor” for “chief executive officer” and “designate an agency (which may be an appropriate collaborative agency), or establish a joint interagency office, that complies with the requirements of subsection (b) to serve as the lead agency for the State under this subchapter” for “designate, in an application submitted to the Secretary under section 9858c of this title, an appropriate State agency that complies with the requirements of subsection (b) of this section to act as the lead agency”.

    Enacted provision · exact public law section
    (a) Designation.— Section 658D(a) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858b(a)) is amended— (1) by striking “chief executive officer” and inserting “Governor”; and (2) by striking “designate” and all that follows and inserting “designate an agency (which may be an appropriate collaborative agency), or establish a joint interagency office, that complies with the requirements of subsection (b) to serve as the lead agency for the State under this subchapter.”.

  7. Child Care and Development Block Grant Act of 2014

    Pub. L. 113–186 § 4(b) · 128 Stat. 1971

    Added · 42 U.S.C. § 9858b(b)(1)(E)

    Pub. L. 113–186, § 4(b), added subpar. (E)

    Source evidence

    Code amendment note
    Subsec. (b)(1)(E). Pub. L. 113–186, § 4(b), added subpar. (E).

    Enacted provision · exact public law section
    (b) Collaboration With Tribes.— Section 658D(b)(1) of the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858b(b)(1)) is amended— (1) in subparagraph (C), by striking “and” at the end; (2) in subparagraph (D), by striking the period and inserting “; and”; and (3) by adding at the end the following: “(E) at the option of an Indian tribe or tribal organization in the State, collaborate and coordinate with such Indian tribe or tribal organization in the development of the State plan in a timely manner.” .

7 of 8 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1992–2014 · 3 rounds

2014

Subsec. (a). Pub. L. 113–186, § 4(a), substituted “Governor” for “chief executive officer” and “designate an agency (which may be an appropriate collaborative agency), or establish a joint interagency office, that complies with the requirements of subsection (b) to serve as the lead agency for the State under this subchapter” for “designate, in an application submitted to the Secretary under section 9858c of this title, an appropriate State agency that complies with the requirements of subsection (b) of this section to act as the lead agency”.

Subsec. (b)(1)(E). Pub. L. 113–186, § 4(b), added subpar. (E).

1996

Subsec. (b)(1)(A). Pub. L. 104–193, § 604(1)(A), substituted “governmental or nongovernmental agencies” for “State agencies”.

Subsec. (b)(1)(C). Pub. L. 104–193, § 604(1)(B), inserted “with sufficient time and Statewide distribution of the notice of such hearing,” after “hearing in the State”.

Subsec. (b)(2). Pub. L. 104–193, § 604(2), struck out at end “Such consultations may include consideration of local child care needs and resources, the effectiveness of existing child care and early childhood development services, and the methods by which funds made available under this subchapter can be used to effectively address local shortages.”

1992

Pub. L. 102–401 and Pub. L. 102–586 made identical technical corrections to directory language of Pub. L. 101–508, § 5082(2), which added this section.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–193 effective , see section 615 of Pub. L. 104–193, set out as a note under section 9858 of this title

Credits

1990–2014 · 5 acts
  1. 1990Pub. L. 97–35, title VI, § 658D, as added Pub. L. 101–508, title V, § 5082(2), , 104 Stat. 1388–236
  2. 1992amended Pub. L. 102–401, § 3(a), , 106 Stat. 1959
  3. 1992Pub. L. 102–586, § 8(c)(1), , 106 Stat. 5036
  4. 1996Pub. L. 104–193, title VI, § 604, , 110 Stat. 2281
  5. 2014Pub. L. 113–186, § 4, , 128 Stat. 1972.
Show as published

(Pub. L. 97–35, title VI, § 658D, as added Pub. L. 101–508, title V, § 5082(2), , 104 Stat. 1388–236; amended Pub. L. 102–401, § 3(a), , 106 Stat. 1959; Pub. L. 102–586, § 8(c)(1), , 106 Stat. 5036; Pub. L. 104–193, title VI, § 604, , 110 Stat. 2281; Pub. L. 113–186, § 4, , 128 Stat. 1972.)

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