Page:United States Statutes at Large Volume 106 Part 2.djvu/392

 106 STAT. 1272 PUBLIC LAW 102-375 —SEPT. 30, 1992 " (2) MINIMUM ALLOTMENTS. — "(A) IN GENERAL. — Afler making the initial allotments described in paragraph (1), the Commissioner shall adjust the allotments on a pro rata basis in accordance with subparagraphs (B) and (C). " (B) GENERAL MINIMUM ALLOTMENTS.— "(i) MINIMUM ALLOTMENT FOR STATES.—No State shall be allotted less than one-half of 1 percent of the funds appropriated under section 702 for the fiscal year for whicn the determination is made. "(ii) MINIMUM ALLOTMENT FOR TERRITORIES.— Guam, the United States Virgin Islands, and the Trust Territory of the Pacific Islands, shall each be allotted not less than one-fourth of 1 percent of the funds appropriated under section 702 for the fiscal year for which the determination is made. American Samoa and the Commonwealth of the Northern Mariana Islands shall each be allotted not less than one-sixteenth of 1 percent of the sum appropriated under section 702 for the fiscal year for which the determination is made. " (C) MINIMUM ALLOTMENTS FOR OMBUDSMAN AND ELDER ABUSE PROGRAMS.— "(i) OMBUDSMAN PROGRAM. —N O State shall be allotted for a fiscal year, from the funds appropriated under section 702(a), less than the amount allotted to the State under section 304 in fiscal year 1991 to carry out the State Long-Term Care Ombudsman program under title III. "(ii) ELDER ABUSE PROGRAMS. — NO State shall be allotted for a fiscal year, from the funds appropriated under section 702(b), less than the amount allotted to the State under section 304 in fiscal year 1991 to carry out programs with respect to the prevention of elder abuse, neglect, and exploitation under title III. "(D) DEFINITION. —For the purposes of this paragraph, the term 'State' does not include Guam, American Samoa, the United States Virgin Islands, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands. " (b) REALLOTMENT.— "(1) IN GENERAL.— I f the Commissioner determines that any amount allotted to a State for a fiscal year under this section will not be used by the State for carndng out the purpose for which the allotment was made, the (Jommissioner shall make the amount available to a State that the Commissioner determines will be able to use the amoiint for carrying out the purpose. "(2) AVAILABILITY. —Any amount made available to a State from an appropriation for a fiscal year in accordance with paragraph (1) shall, for purposes of this subtitle, be regarded as part of the allotment of the State (as determined under subsection (a)) for the year, but shall remain available until the end of the succeeding fiscal year. "(c) WITHHOLDING.—I f the Commissioner finds that any State has failed to carry out this title in accordance with the assurances

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