Page:United States Statutes at Large Volume 117.djvu/2452

 PUBLIC LAW 108–173—DEC. 8, 2003

117 STAT. 2433

(2) BASED ON NUMBER OF UNDOCUMENTED ALIEN APPREHENSION STATES.— (A) IN GENERAL.—Out of the amount appropriated under subsection (a) for a fiscal year, the Secretary shall use $83,000,000 of such amount to make allotments, in addition to amounts allotted under paragraph (1), for such fiscal year for each of the 6 States with the highest number of undocumented alien apprehensions for such fiscal year. (B) DETERMINATION OF ALLOTMENTS.—The amount of the allotment for each State described in subparagraph (A) for a fiscal year shall be equal to the product of— (i) the total amount available for allotments under this paragraph for the fiscal year; and (ii) the percentage of undocumented alien apprehensions in the State in that fiscal year as compared to the total of such apprehensions for all such States for the preceding fiscal year. (C) DATA.—For purposes of this paragraph, the highest number of undocumented alien apprehensions for a fiscal year shall be based on the apprehension rates for the 4-consecutive-quarter period ending before the beginning of the fiscal year for which information is available for undocumented aliens in such States, as reported by the Department of Homeland Security. (c) USE OF FUNDS.— (1) AUTHORITY TO MAKE PAYMENTS.—From the allotments made for a State under subsection (b) for a fiscal year, the Secretary shall pay the amount (subject to the total amount available from such allotments) determined under paragraph (2) directly to eligible providers located in the State for the provision of eligible services to aliens described in paragraph (5) to the extent that the eligible provider was not otherwise reimbursed (through insurance or otherwise) for such services during that fiscal year. (2) DETERMINATION OF PAYMENT AMOUNTS.— (A) IN GENERAL.—Subject to subparagraph (B), the payment amount determined under this paragraph shall be an amount determined by the Secretary that is equal to the lesser of— (i) the amount that the provider demonstrates was incurred for the provision of such services; or (ii) amounts determined under a methodology established by the Secretary for purposes of this subsection. (B) PRO-RATA REDUCTION.—If the amount of funds allotted to a State under subsection (b) for a fiscal year is insufficient to ensure that each eligible provider in that State receives the amount of payment calculated under subparagraph (A), the Secretary shall reduce that amount of payment with respect to each eligible provider to ensure that the entire amount allotted to the State for that fiscal year is paid to such eligible providers. (3) METHODOLOGY.—In establishing a methodology under paragraph (2)(A)(ii), the Secretary— (A) may establish different methodologies for types of eligible providers;

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