; and (ii) for each succeeding fiscal year, the amount appropriated under this paragraph for the then preceding fiscal year, increased by the percentage (if any) by which the amount appropriated under section 403(a)(1) for the fiscal year involved exceeds the amount appropriated under such section for the then preceding fiscal year. (B) Availability Amounts made available under this paragraph for a fiscal year shall remain available until expended. (6) Actions to be taken in anticipation of exhaustion of fund The Secretary shall monitor the amount in, and the rate at which amounts are paid from, the Fund, and if the Secretary determines that the Fund will be exhausted within 6 months, the Secretary shall— (A) notify the Congress of the determination; and (B) develop and communicate to each State and Indian tribe that is an economically needy entity as of the date of the determination, the procedure for allocating amounts in the Fund among such entities. . (2) Elimination of penalty for failure of state receiving amounts from Contingency Fund to maintain 100 percent of historic effort (A) In general Section 409(a) ( 42 U.S.C. 609(a) ) is amended by striking paragraph (10) and redesignating paragraphs (11) through (16) as paragraphs (10) through (15), respectively. (B) Conforming amendments Section 409 ( 42 U.S.C. 609 ) is amended— (i) in subsection (b)(2), by striking (10), (12), or (13) and inserting (11), or (12)