Page:United States Statutes at Large Volume 106 Part 5.djvu/812

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106 STAT. 4450 PUBLIC LAW 102-569—OCT. 29, 1992 •*PART B—INDEPENDENT LIVING SERVICES 29 USC 796e. "SEC. 711. ALLOTMENTS. "(a) IN GENERAL. — "(1) STATES. — "(A) POPULATION BASIS. —Except as provided in subparagraphs (B) and (C), from sums appropriated for each nscalyear to carry out this part, the Commissioner shall make an allotment to each State whose State plan has been approved under section 706 of an amount bearing the same ratio to such sums as the population of the State bears to the population of all States. "(B) MAINTENANCE OF 1992 AMOUNTS. — Subject to the availability of appropriations to carry out this part, the amount of any allotment made under subparagraph (A) to a State for a fiscal year shall not be less than the amount of an allotment made to the State for fiscal year 1992 under part A of this title, as in effect on the day before the date of enactment of the Rehabilitation Act Amendments of 1992. "(C) MiNlMUMS.— Subject to the availability of appropriations to carry out this part, and except as provided in subparagraph (B), the allotment to any State under subparagraph (A) shall be not less than $275,000 or onethird of one percent of the sums made available for the fiscal year for which the allotment is made, whichever is greater, and the allotment of any State under this section for any fiscal year that is less than $275,000 or one-third of one percent of such sums shall be increased to the greater of the two amounts. °(2) CERTAIN TERRITORIES. — "(A) IN GENERAL.— For the purposes of this subsection, Guam, American Samoa, the United States Virgin Islands, the Commonwealth of the Northern Mariana Islands, and the Republic of Palau shall not be considered to be States. " (B) ALLOTMENT.— Each jurisdiction described in subparagraph (A) shall be allotted not less than one-eighth of one percent of the amounts made available for purposes of this part for the fiscal year for which the allotment is made, except that the Republic of Palau may receive such allotment under this section only until the Compact of Free Association with Palau takes effect. "(3) ADJUSTMENT FOR INFLATION.—For purposes of determining the minimum amount of an allotment under paragraph (I)(C), the amount $275,000 shall, in the case of such allotments for fiscal year 1994 and subsequent fiscal years, be increased to the extent necessary to offset the effects of inflation occurring since October 1992, as measured by the percentege increase in the Consumer Price Index For All Urban Consumers (U.S. city average) during the period ending on April 1 of the fiscal year preceding the fiscal year for which the allotment is to be made. "(b) PROPORTIONAL REDUCTION. — Subject to subsection (a)(l)(B), amounts necessary to provide allotments to States in accordance with subsection (a)(l)(B), or in accordance with subsection (a)(l)(C) as increased under subsection (a)(3), or to provide allotments under subsection (a)(2)(B), shall be derived by proportionately reducing