---
kind: "section"
citation: "42 U.S.C. § 9858b"
title: "42"
title_heading: "The Public Health and Welfare"
number: "9858b"
heading: "Lead agency"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/9858b"
units:
  - "Chapter 105 — Community Services Programs"
  - "Subchapter II–B — Child Care and Development Block Grant"
---

# §9858b. Lead agency

- (a) **Designation—** The Governor of a [State](/usc/42/9832.md?p=25) desiring to receive a grant under this subchapter shall designate an [agency](/usc/42/8262.md?p=1) (which may be an appropriate collaborative [agency](/usc/42/8262.md?p=1)), or establish a joint interagency office, that complies with the requirements of [subsection (b)](#b) to serve as the [lead agency](/usc/42/9858n.md?p=9) for the [State](/usc/42/9832.md?p=25) under this subchapter.
- (b) **Duties—**
  - (1) **In general—** The [lead agency](/usc/42/9858n.md?p=9) shall—
    - (A) administer, directly or through other governmental or nongovernmental [agencies](/usc/42/8262.md?p=1), the [financial assistance](/usc/42/9832.md?p=5) received under this subchapter by the [State](/usc/42/9832.md?p=25);
    - (B) develop the [State](/usc/42/9832.md?p=25) plan to be submitted to the [Secretary](/usc/42/9832.md?p=24) under [section 9858c(a) of this title](/usc/42/9858c.md?p=a);
    - (C) in conjunction with the development of the [State](/usc/42/9832.md?p=25) plan as required under [subparagraph (B)](#b-1-B), hold at least one hearing in the [State](/usc/42/9832.md?p=25) 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](/usc/42/9832.md?p=25) plan;
    - (D) coordinate the provision of services under this subchapter with other Federal, [State](/usc/42/9832.md?p=25) and local child care and early childhood development programs; and
    - (E) at the option of an [Indian tribe](/usc/42/9832.md?p=12) or [tribal organization](/usc/42/9858n.md?p=15-A) in the [State](/usc/42/9832.md?p=25), collaborate and coordinate with such [Indian tribe](/usc/42/9832.md?p=12) or [tribal organization](/usc/42/9858n.md?p=15-A) in the development of the [State](/usc/42/9832.md?p=25) plan in a timely manner.
  - (2) **Development of plan—** In the development of the [State](/usc/42/9832.md?p=25) plan described in [paragraph (1)(B)](#b-1-B), the [lead agency](/usc/42/9858n.md?p=9) shall consult with appropriate representatives of units of general purpose local government.

## 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; 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.)

## Notes

### Editorial Notes

### Amendments

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