42 U.S.C. § 9858b — Lead agency

Page 7912 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 9858a ‘‘(k) APPLICATION TO INDIAN TRIBES AND TRIBAL ORGA- NIZATIONS.—In this section: ‘‘(1) IN GENERAL.—Except as provided in subsection (f)(1), and in paragraphs (2) and (3), the term ‘State’ includes an Indian tribe or tribal organization. ‘‘(2) GEOGRAPHIC REFERENCES.—The term ‘State’ in- cludes an Indian community in subsections (c) (the second and third place the term appears), (d)(1) (the second place the term appears), (d)(3)(A) (the second place the term appears), and (i)(1)(A)(i). ‘‘(3) STATE-LEVEL ACTIVITIES.—The term ‘State- level activities’ includes activities at the tribal level. ‘‘(l) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—There is authorized to be appro- priated to carry out this section, $50,000,000 for the period of fiscal years 2008 through 2012. ‘‘(2) STUDIES AND ADMINISTRATION.—With respect to the total amount appropriated for such period in ac- cordance with this subsection, not more than $2,500,000 of that amount may be used for expendi- tures related to conducting studies required under, and the administration of, this section. ‘‘(m) TERMINATION OF PROGRAM.—The program estab- lished under subsection (a) shall terminate on Sep- tember 30, 2012.’’ GOALS OF SUBCHAPTER Pub. L. 97–35, title VI, subtitle A, ch. 8, subch. C, § 658A(b), as added by Pub. L. 104–193, title VI, § 602(3), Aug. 22, 1996, 110 Stat. 2279, and amended by Pub. L. 113–186, § 2, Nov. 19, 2014, 128 Stat. 1971, which provided the goals of this subchapter and was formerly set out as a note under this section, was amended generally by Pub. L. 113–186 and subsequently transferred to section 9857(b) of this title. § 9858a. Establishment of block grant program The Secretary is authorized to make grants to States in accordance with the provisions of this subchapter. (Pub. L. 97–35, title VI, § 658C, 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.) Editorial Notes AMENDMENTS 1992—Pub. L. 102–401 and Pub. L. 102–586 made iden- tical technical corrections to directory language of Pub. L. 101–508, § 5082(2), which added this section. § 9858b. Lead agency (a) Designation The Governor of a State desiring to receive a grant under this subchapter shall designate an agency (which may be an appropriate collabo- rative 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 subpara- graph (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 com- ment 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 child- hood development programs; and (E) at the option of an Indian tribe or trib- al 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 de- scribed 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 Notes AMENDMENTS 2014—Subsec. (a). Pub. L. 113–186, § 4(a), substituted ‘‘Governor’’ for ‘‘chief executive officer’’ and ‘‘des- ignate an agency (which may be an appropriate col- laborative agency), or establish a joint interagency of- fice, 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 sub- mitted 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), sub- stituted ‘‘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 avail- able under this subchapter can be used to effectively address local shortages.’’ 1992—Pub. L. 102–401 and Pub. L. 102–586 made iden- tical 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 Oct. 1, 1996, see section 615 of Pub. L. 104–193, set out as a note under section 9858 of this title § 9858c. Application and plan (a) Application To be eligible to receive assistance under this subchapter, a State shall prepare and submit to the Secretary an application at such time, in