42 U.S.C. § 15042 | Allotments and payments

(a)

Allotments

(1)

In general

section 15043(a) of this title section 15045 of this title section 15022 of this titleTo assist States in meeting the requirements of , the Secretary shall allot to the States the amounts appropriated under and not reserved under paragraph (6). Allotments and reallotments of such sums shall be made on the same basis as the allotments and reallotments are made under subsections (a)(1)(A) and (e) of , except as provided in paragraph (2).

(2)

Minimum allotments

In any case in which—

(A)

section 15045 of this title the total amount appropriated under for a fiscal year is not less than $20,000,000, the allotment under paragraph (1) for such fiscal year—

(i)

to each of American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands may not be less than $107,000; and

(ii)

to any State not described in clause (i) may not be less than $200,000; or

(B)

section 15045 of this title the total amount appropriated under for a fiscal year is less than $20,000,000, the allotment under paragraph (1) for such fiscal year—

(i)

to each of American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands may not be less than $80,000; and

(ii)

to any State not described in clause (i) may not be less than $150,000.

(3)

Reduction of allotment

section 15045 of this titleNotwithstanding paragraphs (1) and (2), if the aggregate of the amounts to be allotted to the States pursuant to such paragraphs for any fiscal year exceeds the total amount appropriated for such allotments under for such fiscal year, the amount to be allotted to each State for such fiscal year shall be proportionately reduced.

(4)

Increase in allotments

section 15045 of this title section 720(c)(1) of title 29In any year in which the total amount appropriated under for a fiscal year exceeds the total amount appropriated under such section (or a corresponding provision) for the preceding fiscal year by a percentage greater than the most recent percentage change in the Consumer Price Index published by the Secretary of Labor under (if the percentage change indicates an increase), the Secretary shall increase each of the minimum allotments described in subparagraphs (A) and (B) of paragraph (2). The Secretary shall increase each minimum allotment by an amount that bears the same ratio to the amount of such minimum allotment (including any increases in such minimum allotment under this paragraph (or a corresponding provision) for prior fiscal years) as the amount that is equal to the difference between—

(A)

section 15045 of this title the total amount appropriated under for the fiscal year for which the increase in the minimum allotment is being made; minus

(B)

section 15045 of this title the total amount appropriated under (or a corresponding provision) for the immediately preceding fiscal year,

section 15045 of this titlebears to the total amount appropriated under (or a corresponding provision) for such preceding fiscal year.

(5)

Monitoring the administration of the system

section 15043(a) of this titleIn a State in which the system is housed in a State agency, the State may use not more than 5 percent of any allotment under this subsection for the costs of monitoring the administration of the system required under .

(6)

Technical assistance and American Indian consortium

section 15045 of this titleIn any case in which the total amount appropriated under for a fiscal year is more than $24,500,000, the Secretary shall—

(A)

use not more than 2 percent of the amount appropriated to provide technical assistance to eligible systems with respect to activities carried out under this part (consistent with requests by such systems for such assistance for the year); and

(B)

section 15043(b) of this title provide a grant in accordance with , and in an amount described in paragraph (2)(A)(i), to an American Indian consortium to provide protection and advocacy services.

(b)

Payment to systems

Notwithstanding any other provision of law, the Secretary shall pay directly to any system in a State that complies with the provisions of this part the amount of the allotment made for the State under this section, unless the system specifies otherwise.

(c)

Unobligated funds

Any amount paid to a system under this part for a fiscal year and remaining unobligated at the end of such year shall remain available to such system for the next fiscal year, for the purposes for which such amount was paid.

Pub. L. 106–402, title I, § 142Oct. 30, 2000114 Stat. 1712(, , .)