U.S Code last checked for updates: Nov 22, 2024
All TitlesTitle 42Chapter 6ASubchapter XVIIPart BSubpart ii
§ 300x–33.
Determination of amount of allotment
(a)
States
(1)
In general
Subject to subsection (b), the Secretary shall determine the amount of the allotment required in section 300x–21 of this title for a State for a fiscal year as follows:
(A)
The formula established in paragraph (1) of section 300x–7(a) of this title shall apply to this subsection to the same extent and in the same manner as the formula applies for purposes of section 300x–7(a) of this title, except that, in the application of such formula for purposes of this subsection, the modifications described in subparagraph (B) shall apply.
(B)
For purposes of subparagraph (A), the modifications described in this subparagraph are as follows:
(i)
The amount specified in paragraph (2)(A) of section 300x–7(a) of this title is deemed to be the amount appropriated under section 300x–35(a) of this title for allotments under section 300x–21 of this title for the fiscal year involved.
(ii)
The term “P” is deemed to have the meaning given in paragraph (2) of this subsection. Section 300x–7(a)(5)(B) of this title applies to the data used in determining such term for the States.
(iii)
The factor determined under paragraph (8) of section 300x–7(a) of this title is deemed to have the purpose of reflecting the differences that exist between the State involved and other States in the costs of providing authorized services.
(2)
Determination of term “P”
For purposes of this subsection, the term “P” means the percentage that is the arithmetic mean of the percentage determined under subparagraph (A) and the percentage determined under subparagraph (B), as follows:
(A)
The percentage constituted by the ratio of—
(i)
an amount equal to the sum of the total number of individuals who reside in the State involved and are between 18 and 24 years of age (inclusive) and the number of individuals in the State who reside in urbanized areas of the State and are between such years of age; to
(ii)
an amount equal to the total of the respective sums determined for the States under clause (i).
(B)
The percentage constituted by the ratio of—
(i)
the total number of individuals in the State who are between 25 and 64 years of age (inclusive); to
(ii)
an amount equal to the sum of the respective amounts determined for the States under clause (i).
(b)
Minimum allotments for States
(1)
In general
(2)
Limitations
(A)
In general
(B)
Exception
(3)
Decrease in or equal appropriations
(c)
Territories
(1)
Determination under formula
Subject to paragraphs (2) and (4), the amount of an allotment under section 300x–21 of this title for a territory of the United States for a fiscal year shall be the product of—
(A)
an amount equal to the amounts reserved under paragraph (3) for the fiscal year; and
(B)
a percentage equal to the quotient of—
(i)
the civilian population of the territory, as indicated by the most recently available data; divided by
(ii)
the aggregate civilian population of the territories of the United States, as indicated by such data.
(2)
Minimum allotment for territories
The amount of an allotment under section 300x–21 of this title for a territory of the United States for a fiscal year shall be the greater of—
(A)
the amount determined under paragraph (1) for the territory for the fiscal year;
(B)
$50,000; and
(C)
with respect to fiscal years 1993 and 1994, an amount equal to 79.4 percent of the amount received by the territory from allotments made pursuant to this part for fiscal year 1992.
(3)
Reservation of amounts
(4)
Availability of data on population
(5)
Applicability of certain provisions
(d)
Indian Tribes and Tribal organizations
(1)
In general
If the Secretary—
(A)
receives a request from the governing body of an Indian Tribe or Tribal organization within any State that funds under this subpart be provided directly by the Secretary to such Tribe or organization; and
(B)
makes a determination that the members of such Tribe or Tribal organization would be better served by means of grants made directly by the Secretary under this subpart;
the Secretary shall reserve from the allotment under section 300x–21 of this title for the State for the fiscal year involved an amount that bears the same ratio to the allotment as the amount provided under this subpart to the Tribe or Tribal organization for fiscal year 1991 for activities relating to the prevention and treatment of the use of substances bore to the amount of the portion of the allotment under this subpart for the State for such fiscal year that was expended for such activities.
(2)
Indian Tribe or Tribal organization as grantee
(3)
Application
(4)
Definitions
(July 1, 1944, ch. 373, title XIX, § 1933, as added Pub. L. 102–321, title II, § 202, July 10, 1992, 106 Stat. 400; amended Pub. L. 102–352, § 2(a)(11), Aug. 26, 1992, 106 Stat. 938; Pub. L. 105–277, div. A, § 101(f) [title II, § 218(b)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–362; Pub. L. 106–113, div. B, § 1000(a)(4) [title II, § 212(b)], Nov. 29, 1999, 113 Stat. 1535, 1501A–239; Pub. L. 106–310, div. B, title XXXIII, § 3304, Oct. 17, 2000, 114 Stat. 1212; Pub. L. 117–328, div. FF, title I, §§ 1241(a)(8), 1244, Dec. 29, 2022, 136 Stat. 5678, 5679.)
cite as: 42 USC 300x-33
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