42 U.S.C. § 9858b

Lead agency

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(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 generalThe 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.

(Pub. L. 97–35, title VI, § 658D, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–236; amended Pub. L. 102–401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102–586, § 8(c)(1), Nov. 4, 1992, 106 Stat. 5036; Pub. L. 104–193, title VI, § 604, Aug. 22, 1996, 110 Stat. 2281; Pub. L. 113–186, § 4, Nov. 19, 2014, 128 Stat. 1972.)Editorial NotesAmendments

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 SubsidiariesEffective Date of 1996 Amendment

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

Notes of Decisions
Cited in 2 cases, 1996–2020 · leading case: Great Beginnings Child Care, Inc. v. Off. of the Governor Ex Rel. Idaho Off. for Child., 911 P.2d 751 (Idaho 1996).
Great Beginnings Child Care, Inc. v. Off. of the Governor Ex Rel. Idaho Off. for Child., 911 P.2d 751 (Idaho 1996). “42 U.S.C. § 9858b(b)(l)(B). To comply with this requirement, the Office for Children initiated rulemaking procedures pursuant to the Idaho Administrative Procedure Act.”
Terri Endress v. Iowa Dep't of Human Servs. (Iowa 2020). “11(b);see also 42 U.S.C. § 9858b (requiring a lead agency and outlining its duties).”
— 42 U.S.C. § 9858b(b)(l)(B) — 1 case
Great Beginnings Child Care, Inc. v. Off. of the Governor Ex Rel. Idaho Off. for Child., 911 P.2d 751 (Idaho 1996). “42 U.S.C. § 9858b(b)(l)(B). To comply with this requirement, the Office for Children initiated rulemaking procedures pursuant to the Idaho Administrative Procedure Act.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.