
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC9858h]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                CHAPTER 105--COMMUNITY SERVICES PROGRAMS
 
         SUBCHAPTER II-B--CHILD CARE AND DEVELOPMENT BLOCK GRANT
 
Sec. 9858h. Payments


(a) In general

    Subject to the availability of appropriations, a State that has an 
application approved by the Secretary under section 9858c(d) of this 
title shall be entitled to a payment under this section for each fiscal 
year in an amount equal to its allotment under section 9858m of this 
title 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

        The Secretary may not make such payments in a manner that 
    prevents the State from complying with the requirement specified in 
    section 9858c(c)(3) of this title.

(c) Spending of funds by State

    Payments to a State from the allotment under section 9858m of this 
title for any fiscal year may be obligated by the State in that fiscal 
year or in the succeeding fiscal year.

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


                               Amendments

    1996--Subsec. (c). Pub. L. 104-193 substituted ``obligated'' for 
``expended'' and ``succeeding fiscal year'' for ``succeeding 3 fiscal 
years''.
    1993--Subsec. (c). Pub. L. 103-171 made technical correction to 
directory language of Pub. L. 102-586, Sec. 8(a). See 1992 Amendment 
note below.
    1992--Pub. L. 102-401 and Pub. L. 102-586, Sec. 8(c)(1), made 
identical technical corrections to directory language of Pub. L. 101-
508, Sec. 5082(2), which added this section.
    Subsec. (c). Pub. L. 102-586, Sec. 8(a), as amended by Pub. L. 103-
171, substituted ``expended'' for ``obligated'' and ``succeeding 3 
fiscal years'' for ``succeeding fiscal year''.
    1991--Subsec. (c). Pub. L. 102-27 substituted ``obligated'' for 
``expended''.


                    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.


                    Effective Date of 1992 Amendment

    Section 8(d) of Pub. L. 102-586 provided that:
    ``(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.''
