Browse Arkansas Code titles and sections
42 U.S.C. § 9858h — Payments
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9858c/d&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9858m&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9858c/c/3&num=0&edition=prelim).
**(c) Spending of funds by State** Payments to a State from the allotment under [section 9858m of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9858m&num=0&edition=prelim) for any fiscal year may be obligated by the State in that fiscal year or in the succeeding fiscal year.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9858h
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 1893b11d6f03eebe24661116dff2833299ecb0f8151c701f3c075696a37ac12e. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_a3c75cdfe29558acc7536d40
Source file: Laws/federal/codes/united-states-code/title-42/section-9858h-payments--73bf8c652a.md
Pages: Not recorded – Not recorded
Passage SHA-256: 81417a220d27c4ec4760653b6ec6f3ae92171a171816f159b8bee347d00cbbc7
Source location: Title 42, Chapter 105, § 9858h; chapter-105-community-services-programs.md
Stored source 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9858c/d&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9858m&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9858c/c/3&num=0&edition=prelim).
**(c) Spending of funds by State** Payments to a State from the allotment under [section 9858m of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9858m&num=0&edition=prelim) for any fiscal year may be obligated by the State in that fiscal year or in the succeeding fiscal year.
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding any other law, the value of any child care provided or arranged (or any amount received as payment for such care or reimbursement for costs incurred for such care) under this subchapter shall not be treated as income for purposes of any other Federal or Federally-assisted program that bases eligibility, or the amount of benefits, on need.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9858q
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
There is authorized to be appropriated to carry out this subchapter $2,360,000,000 for fiscal year 2015, $2,478,000,000 for fiscal year 2016, $2,539,950,000 for fiscal year 2017, $2,603,448,750 for fiscal year 2018, $2,668,534,969 for fiscal year 2019, and $2,748,591,018 for fiscal year 2020.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9858
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter:
(1) **Caregiver** — The term “caregiver” means an individual who provides a service directly to an eligible child on a person-to-person basis.
(2) **Child care certificate** — The term “child care certificate” means a certificate (that may be a check or other disbursement) that is issued by a State or local government under this subchapter directly to a parent who may use such certificate only as payment for child care services or as a deposit for child care services if such a deposit is required of other children being cared for by the provider. Nothing in this subchapter shall preclude the use of such certificates for sectarian child care services if freely chosen by the parent. For purposes of this subchapter, child care certificates shall not be considered to be grants or contracts.
(3) **Child with a disability** — The term “child with a disability” means—
(A) a child with a disability, as defined in section 602 of the Individuals with Disabilities Education Act ([20 U.S.C. 1401](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1401&num=0&edition=prelim));
(B) a child who is eligible for early intervention services under part C of the Individuals with Disabilities Education Act ([20 U.S.C. 1431](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1431&num=0&edition=prelim) et seq.);
(C) a child who is less than 13 years of age and who is eligible for services under [section 794 of title 29](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section794&num=0&edition=prelim); and
(D) a child with a disability, as defined by the State involved.
(4) **Eligible child** — The term “eligible child” means an individual—
(A) who is less than 13 years of age;
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9858n
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Amounts reserved**
(1) **Territories and possessions** — The Secretary shall reserve not to exceed one half of 1 percent of the amount appropriated under this subchapter in each fiscal year for payments to Guam, American Samoa, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands to be allotted in accordance with their respective needs.
(2) **Indians 11 So in original. Probably should be “Indian”. tribes**
(A) *In general* — The Secretary shall reserve not less than 2 percent of the amount appropriated under [section 9858 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9858&num=0&edition=prelim) in each fiscal year for payments to Indian tribes and tribal organizations with applications approved under subsection (c).
(B) *Limitations* — Notwithstanding subparagraph (A), the Secretary shall only reserve an amount that is greater than 2 percent of the amount appropriated under [section 9858 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9858&num=0&edition=prelim), for payments described in subparagraph (A), for a fiscal year (referred to in this subparagraph as the “reservation year”) if—
(i) the amount appropriated under [section 9858 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9858&num=0&edition=prelim) for the reservation year is greater than the amount appropriated under [section 9858 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section9858&num=0&edition=prelim) for fiscal year 2014; and
(ii) the Secretary ensures that the amount allotted to States under subsection (b) for the reservation year is not less than the amount allotted to S
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9858m
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 7929
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 9858h
longer than one year. A State seeking to
renew their waiver approval must inform the
Secretary of this intent no later than 30 days
prior to the expiration date of the waiver. The
State shall re-certify in its extension request
the provisions in paragraph (2) of this sub-
chapter, and shall also explain the need for ad-
ditional time of relief from such sanction(s) or
provisions approved under this law as provided
in this subchapter.
(8) Restrictions
Nothing in this subchapter shall be con-
strued as providing the Secretary the author-
ity to permit States to alter the eligibility re-
quirements for eligible children, including
work requirements, job training, or edu-
cational program participation, that apply to
the parents of eligible children under this sub-
chapter. Nothing in this subsection shall be
construed to allow the Secretary to waive
anything related to his or her authority under
this subchapter.
(Pub. L. 97–35, title VI, § 658I, as added Pub. L.
101–508, title V, § 5082(2), Nov. 5, 1990, 104 Stat.
1388–242; 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,
§ 609, Aug. 22, 1996, 110 Stat. 2284; Pub. L. 113–186,
§ 8(a), (b), Nov. 19, 2014, 128 Stat. 1994, 1995.)
Editorial Notes
AMENDMENTS
2014—Subsec. (a)(2). Pub. L. 113–186, § 8(a)(1), inserted
a comma after ‘‘publish’’ and struck out ‘‘and’’ at end.
Subsec. (a)(3). Pub. L. 113–186, § 8(a)(2), added par. (3)
and struck out former par. (3) which read as follows:
‘‘provide technical assistance to assist States to carry
out this subchapter, including assistance on a reim-
bursable basis.’’
Subsec. (a)(4), (5). Pub. L. 113–186, §
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 9858h
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.