PUBLIC LAW 108–27—MAY 28, 2003
117 STAT. 767
and 2004 shall be used to pay each State an amount equal to the relative population proportion amount described in paragraph (3) for such fiscal year. ‘‘(2) MINIMUM PAYMENT.— ‘‘(A) IN GENERAL.—No State shall receive a payment under this section for a fiscal year that is less than— ‘‘(i) in the case of 1 of the 50 States or the District 1⁄2 of 1 percent of the amount approof Columbia, priated for such fiscal year under subsection (a); and ‘‘(ii) in the case of the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or 1⁄10 of 1 percent of the amount approAmerican Samoa, priated for such fiscal year under subsection (a). ‘‘(B) PRO RATA ADJUSTMENTS.—The Secretary of the Treasury shall adjust on a pro rata basis the amount of the payments to States determined under this section without regard to this subparagraph to the extent necessary to comply with the requirements of subparagraph (A). ‘‘(3) RELATIVE POPULATION PROPORTION AMOUNT.—The relative population proportion amount described in this paragraph is the product of— ‘‘(A) the amount described in subsection (a) for a fiscal year; and ‘‘(B) the relative State population proportion (as defined in paragraph (4)). ‘‘(4) RELATIVE STATE POPULATION PROPORTION DEFINED.— For purposes of paragraph (3)(B), the term ‘relative State population proportion’ means, with respect to a State, the amount equal to the quotient of— ‘‘(A) the population of the State (as reported in the most recent decennial census); and ‘‘(B) the total population of all States (as reported in the most recent decennial census). ‘‘(d) USE OF PAYMENT.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), a State shall use the funds provided under a payment made under this section for a fiscal year to— ‘‘(A) provide essential government services; or ‘‘(B) cover the costs to the State of complying with any Federal intergovernmental mandate (as defined in section 421(5) of the Congressional Budget Act of 1974) to the extent that the mandate applies to the State, and the Federal Government has not provided funds to cover the costs. ‘‘(2) LIMITATION.—A State may only use funds provided under a payment made under this section for types of expenditures permitted under the most recently approved budget for the State. ‘‘(e) CERTIFICATION.—In order to receive a payment under this section for a fiscal year, the State shall provide the Secretary of the Treasury with a certification that the State’s proposed uses of the funds are consistent with subsection (d). ‘‘(f) DEFINITION OF STATE.—In this section, the term ‘State’ means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, the
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