42 USC § 9858h - Payments

---
identifier: "/us/usc/t42/s9858h"
source: "usc"
legal_status: "official_prima_facie"
title: "42 USC § 9858h - Payments"
title_number: 42
title_name: "THE PUBLIC HEALTH AND WELFARE"
section_number: "9858h"
section_name: "Payments"
chapter_number: 105
chapter_name: "COMMUNITY SERVICES PROGRAMS"
subchapter_number: "II–B"
subchapter_name: "CHILD CARE AND DEVELOPMENT BLOCK GRANT"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 97–35, title VI, § 658J, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–243; amended Pub. L. 102–27, title III, § 310, Apr. 10, 1991, 105 Stat. 153; Pub. L. 102–401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102–586, § 8(a), (c)(1), Nov. 4, 1992, 106 Stat. 5035, 5036; Pub. L. 103–171, § 8, Dec. 2, 1993, 107 Stat. 1994; Pub. L. 104–193, title VI, § 610, Aug. 22, 1996, 110 Stat. 2284.)"
---


# § 9858h. Payments

**(a)** **In general** section 9858c(d) of this titlesection 9858m of this title

Subject to the availability of appropriations, a State that has an application approved by the Secretary under  shall be entitled to a payment under this section for each fiscal year in an amount equal to its allotment under  for such fiscal year.

**(b)** **Method of payment**

**(1)** **In general** Subject to paragraph (2), the Secretary may make payments to a State in installments, and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments, as the Secretary may determine.

**(2)** **Limitation** section 9858c(c)(3) of this title

The Secretary may not make such payments in a manner that prevents the State from complying with the requirement specified in .

**(c)** **Spending of funds by State** section 9858m of this title

Payments to a State from the allotment under  for any fiscal year may be obligated by the State in that fiscal year or in the succeeding fiscal year.

---

**Source Credit**: (Pub. L. 97–35, title VI, § 658J, as added Pub. L. 101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388–243; amended Pub. L. 102–27, title III, § 310, Apr. 10, 1991, 105 Stat. 153; Pub. L. 102–401, § 3(a), Oct. 7, 1992, 106 Stat. 1959; Pub. L. 102–586, § 8(a), (c)(1), Nov. 4, 1992, 106 Stat. 5035, 5036; Pub. L. 103–171, § 8, Dec. 2, 1993, 107 Stat. 1994; Pub. L. 104–193, title VI, § 610, Aug. 22, 1996, 110 Stat. 2284.)

## Editorial Notes

### Amendments

1996—Subsec. (c).  substituted “obligated” for “expended” and “succeeding fiscal year” for “succeeding 3 fiscal years”.

1993—Subsec. (c).  made technical correction to directory language of . See 1992 Amendment note below.

1992— and , made identical technical corrections to directory language of , which added this section.

Subsec. (c). , as amended by , substituted “expended” for “obligated” and “succeeding 3 fiscal years” for “succeeding fiscal year”.

1991—Subsec. (c).  substituted “obligated” for “expended”.

## Statutory Notes and Related Subsidiaries

### Effective Date of 1996 Amendment

Amendment by  effective , see , set out as a note under .

### Effective Date of 1992 Amendment

> **“(1)** **In general.—** Except as provided in paragraph (2), the amendments made by this section [enacting section 9858q of this title and amending this section and section 9858n of this title] shall take effect on the date of enactment of this Act [Nov. 4, 1992].
> 
> **“(2)** **Application.—** The amendments made by this section shall not apply with respect to fiscal years beginning before October 1, 1992.”

, , , provided that: