Page:United States Statutes at Large Volume 112 Part 2.djvu/324

 112 STAT. 1208 PUBLIC LAW 105-220—AUG. 7, 1998 under paragraph (3)(A) not less than $50,000 for the fiscal year for which the allotment is made. (5) ADJUSTMENT FOR INFLATION.—For any fiscal year, beginning in fiscal year 1999, in which the total amount appropriated to carry out this section exceeds the total amount appropriated to carry out this section for the preceding fisced year, the Commissioner shall increase each oi the minimum grants or allotments under paragraphs (1)(B), (3)(B), and (4)(B) by a percentage that shall not exceed the percentage increase in the total amount appropriated to carry out this section between the preceding fiscal year and the fiscal year involved. "(d) PROPORTIONAL REDUCTION. —To provide minimum allotments to systems within States (as increased under subsection (c)(5)) under subsection (c)(3)(B), or to provide minimum allotments to systems within States (as increased under subsection (c)(5)) under subsection (c)(4)(B), the Commissioner shall proportionately reduce the allotments of the remsdning systems within States under subsection (c)(3), with such adjustments as may be necessary to prevent the allotment of any such remaining system within a State from being reduced to less than the minimum allotment for a system within a State (as increased under subsection (c)(5)) under subsection (c)(3)(B), or the minimum allotment for a State (as increased under subsection (c)(5)) under subsection (c)(4)(B), as appropriate. "(e) REALLOTMENT. — Whenever the Commissioner determines that any amount of an allotment to a system within a State for any fiscal year described in subsection (c)(l) will not be expended by such system in carrying out the provisions of this section, the Commissioner shall maJce such amount available for carrying out the provisions of this section to one or more of the systems that the Commissioner determines will be able to use additional amounts during such year for carrying out such provisions. Any amount made available to a system for any fiscal year pursuant to the preceding sentence shall, for the purposes of this section, be regarded as an increase in the allotment of the system (as determined under the preceding provisions of this section) for such year. "(f) APPLICATION. —In order to receive assistance under this section, an eligible system shall submit an application to the Commissioner, at such time, in such form and manner, and containing such information and assurances as the Commissioner determines necessgiry to meet the requirements of this section, including assurances that the eligible system will— "(1) have in effect a system to protect and advocate the rights of individuals with disabilities; "(2) have the same general authorities, including access to records and program income, as are set forth in part C of the Development^ Disabilities Assistance and Bill of Rights Act (42 U.S.C. 6041 et seq.); "(3) have the authority to pursue legal, administrative, and other appropriate remedies or approaches to ensure the protection of, and advocacy for, the rights of such individuals within the State or the American Indian consortium who are individuals described in subsection (a)(1); "(4) provide information on and make referrals to programs and services addressing the needs of individuals with disabilities in the State or the American Indian consortium;

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