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

# §9858h. Payments

- (a) **In general—** Subject to the availability of appropriations, a [State](/usc/42/9832.md?p=25) that has an application approved by the [Secretary](/usc/42/9832.md?p=24) under [section 9858c(d) of this title](/usc/42/9858c.md?p=d) 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](/usc/42/9858m.md) for such fiscal year.
- (b) **Method of payment—**
  - (1) **In general—** Subject to [paragraph (2)](#b-2), the [Secretary](/usc/42/9832.md?p=24) may make payments to a [State](/usc/42/9832.md?p=25) in installments, and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments, as the [Secretary](/usc/42/9832.md?p=24) may determine.
  - (2) **Limitation—** The [Secretary](/usc/42/9832.md?p=24) may not make such payments in a manner that prevents the [State](/usc/42/9832.md?p=25) from complying with the requirement specified in [section 9858c(c)(3) of this title](/usc/42/9858c.md?p=c-3).
- (c) **Spending of funds by State—** Payments to a [State](/usc/42/9832.md?p=25) from the allotment under [section 9858m of this title](/usc/42/9858m.md) for any fiscal year may be obligated by the [State](/usc/42/9832.md?p=25) 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.)

## Notes

### Editorial Notes

### 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, § 8(a). See 1992 Amendment note below.

1992—Pub. L. 102–401 and Pub. L. 102–586, § 8(c)(1), made identical technical corrections to directory language of Pub. L. 101–508, § 5082(2), which added this section.

Subsec. (c). Pub. L. 102–586, § 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”.

### 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.

### Effective Date of 1992 Amendment

Pub. L. 102–586, § 8(d), Nov. 4, 1992, 106 Stat. 5036, provided that: 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]. Application.—The amendments made by this section shall not apply with respect to fiscal years beginning before October 1, 1992.”