42-U.S.C.-9858H
§9858H – Payments
Pathway
Title 42 > Chapter 105 > Subchapter II-B > Section 9858h
Details
- Reference: Section 9858h
- Legend: §9858H – Payments
- USCode Year: 2011
Provision Content
(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, §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.)
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”.
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.”
U.S. Encyclopedia of Law Coverage
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