Allotments and payments

(a) Allotments (1) In general To assist States in carrying out a system meeting the requirements under section 434, including the activities for which the system has authority as described in that section, the Secretary shall make allotments, on a fiscal year basis, to States from the amounts appropriated under section 436 and not reserved under paragraph (5). (2) Minimum allotments In any case in which— (A) the total amount appropriated under section 436 for a fiscal year is not less than $20,000,000, the allotment under paragraph (1) for such fiscal year— (i) to each of American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands may not be less than $100,000; and (ii) to any State not described in clause (i) may not be less than $200,000; and (B) the total amount appropriated under section 436 for a fiscal year is less than $20,000,000, the allotment under paragraph (1) for such fiscal year— (i) to each of American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands may not be less than $50,000; and (ii) to any State not described in clause (i) may not be less than $150,000. (3) Reduction of allotment Notwithstanding paragraphs (1) and (2), if the aggregate of the amounts to be allotted to the States pursuant to such paragraphs for any fiscal year exceeds the total amount appropriated for such allotments under section 436 for such fiscal year, the amount to be allotted to each State for such fiscal year shall be proportionately reduced. (4) Increase in allotments If the sum appropriated under section 436 and not reserved under paragraph (5) for any fiscal year exceeds the aggregate of the minimum allotments for all States under this subsection for that fiscal year, such excess amount shall be allotted among the States, including American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands, so as to increase proportionately the minimum allotment for each State. (5) Technical assistance; American Indian consortiums In any case in which the total amount appropriated under section 436 for a fiscal year is more than $24,500,000, the Secretary shall— (A) use not more than 2 percent of the amount appropriated to provide technical assistance to systems that meet the requirements under section 434 with respect to activities carried out under this subtitle (consistent with requests by such systems for such assistance for the year); and (B) provide a grant in accordance with section 434(d) and in an amount described in paragraph (2)(A)(i), to an American Indian consortium to provide protection and advocacy services. (6) Reallotments (A) In general If the Secretary determines that an amount of an allotment to a State for a use in a fiscal year (or the following fiscal year, as provided in subsection (c)) will not be required by the State during the fiscal year (or during such following fiscal year) for the purpose for which the allotment was made, the Secretary shall reallot the amount as described in this paragraph. (B) Timing The Secretary may make such a reallotment from time to time, on such date as the Secretary may fix, but not earlier than 30 days after the Secretary has published notice of the intention of the Secretary to make the reallotment in the Federal Register. (C) Amounts The Secretary shall reallot the amount to other States with respect to which the Secretary has not made the determination described in subparagraph (A). The Secretary shall reallot that amount in proportion to the original allotments of the other States for such fiscal year, but shall reduce such proportionate amount for any of the other States by the sum (if any) of the proportionate amount that exceeds the total that the Secretary estimates the State needs and will be able to use in a fiscal year (or the following fiscal year, as provided in subsection (c)) and shall proportionately reallot such sum to the remaining States. (D) Treatment Any amount reallotted to a State under this subsection for a fiscal year shall be deemed to be a part of the allotment of the State under paragraph (1) for such fiscal year. (b) Payment to systems The Secretary shall pay directly to each State that has a system in the State that complies with the provisions of this subtitle the amount of the allotment made for the State under this section, unless the system specifies otherwise, to be used in support of the system. (c) Unobligated funds Any amount paid to a State under this subtitle for a fiscal year and remaining unobligated at the end of such year shall remain available to such State for the next fiscal year, for the purposes for which such amount was paid.