42 U.S.C. § 15041 — Purpose

Page 8681 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 15042 court the record of the proceedings on which the Secretary based the action, as provided in sec- tion 2112 of title 28. (c) Jurisdiction Upon the filing of the petition, the court shall have jurisdiction to affirm the action of the Sec- retary or to set the action aside, in whole or in part, temporarily or permanently. Until the fil- ing of the record, the Secretary may modify or set aside the order of the Secretary relating to the action. (d) Findings and remand The findings of the Secretary about the facts, if supported by substantial evidence, shall be conclusive, but the court, for good cause shown, may remand the case involved to the Secretary for further proceedings to take further evidence. On remand, the Secretary may make new or modified findings of fact and may modify the previous action of the Secretary, and shall file with the court the record of the further pro- ceedings. Such new or modified findings of fact shall likewise be conclusive if supported by sub- stantial evidence. (e) Finality The judgment of the court affirming or setting aside, in whole or in part, any action of the Sec- retary shall be final, subject to review by the Supreme Court of the United States upon certio- rari or certification as provided in section 1254 of title 28. (f) Effect The commencement of proceedings under this section shall not, unless so specifically ordered by a court, operate as a stay of the Secretary’s action. (Pub. L. 106–402, title I, § 128, Oct. 30, 2000, 114 Stat. 1711.) § 15029. Authorization of appropriations (a) Funding for State allotments Except as described in subsection (b), there are authorized to be appropriated for allotments under section 15022 of this title $76,000,000 for fis- cal year 2001 and such sums as may be necessary for each of fiscal years 2002 through 2007. (b) Reservation for technical assistance (1) Lower appropriation years For any fiscal year for which the amount ap- propriated under subsection (a) is less than $76,000,000, the Secretary shall reserve funds in accordance with section 15083(c) of this title to provide technical assistance to entities funded under this part. (2) Higher appropriation years For any fiscal year for which the amount ap- propriated under subsection (a) is not less than $76,000,000, the Secretary shall reserve not less than $300,000 and not more than 1 per- cent of the amount appropriated under sub- section (a) to provide technical assistance to entities funded under this part. (Pub. L. 106–402, title I, § 129, Oct. 30, 2000, 114 Stat. 1712.) PART C—PROTECTION AND ADVOCACY OF INDIVIDUAL RIGHTS § 15041. Purpose The purpose of this part is to provide for allot- ments to support a protection and advocacy sys- tem (referred to in this part as a ‘‘system’’) in each State to protect the legal and human rights of individuals with developmental disabil- ities in accordance with this part. (Pub. L. 106–402, title I, § 141, Oct. 30, 2000, 114 Stat. 1712.) § 15042. Allotments and payments (a) Allotments (1) In general To assist States in meeting the require- ments of section 15043(a) of this title, the Sec- retary shall allot to the States the amounts appropriated under section 15045 of this title and not reserved under paragraph (6). Allot- ments and reallotments of such sums shall be made on the same basis as the allotments and reallotments are made under subsections (a)(1)(A) and (e) of section 15022 of this title, except as provided in paragraph (2). (2) Minimum allotments In any case in which— (A) the total amount appropriated under section 15045 of this title 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 $107,000; and (ii) to any State not described in clause (i) may not be less than $200,000; or (B) the total amount appropriated under section 15045 of this title 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 $80,000; 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 ap- propriated for such allotments under section 15045 of this title for such fiscal year, the amount to be allotted to each State for such fiscal year shall be proportionately reduced. (4) Increase in allotments In any year in which the total amount ap- propriated under section 15045 of this title for a fiscal year exceeds the total amount appro- priated under such section (or a corresponding provision) for the preceding fiscal year by a percentage greater than the most recent per- centage change in the Consumer Price Index published by the Secretary of Labor under sec- tion 720(c)(1) of title 29 (if the percentage