§ 10822. Allotment formula and reallotments

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1986

   Protection and Advocacy for Mentally Ill Individuals Act of 1986

   Pub. L. 99–319 title I § 112 · 100 Stat. 478

   Enacted · 42 U.S.C. § 10822

   Pub. L. 99–319, title I, § 112, May 23, 1986, 100 Stat. 483

   Source evidence

   Code source credit
   Pub. L. 99–319, title I, § 112, May 23, 1986, 100 Stat. 483

   Enacted provision · exact public law section
   Sec. 112. allotment formula and reallotments (a) (1) (A) Except as provided in paragraph (2) and subject 42 USC 10822. to the availability of appropriations under section 117, the Secretary shall make allotments under section 103 from amounts appropriated under section 117 for a fiscal year to eligible systems on the basis of a formula prescribed by the Secretary which is based equally— (i) on the population of each State in which there is an eligible system; and (ii) on the population of each such State weighted by its relative per capita income. (B) For purposes of subparagraph (A)(ii), the term “relative per capita income” means the quotient of the per capita income of the United States and the per capita income of the State, except that if the State is Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, or the Virgin Islands, the quotient shall be considered to be one. (2) Notwithstanding paragraph (1) and subject to the availability of appropriations under section 117— (A) the amount of the allotment of the eligible system of each District of Columbia. Puerto Rico. of the several States, the District of Columbia, and the Commonwealth of Puerto Rico shall not be less than $125,000; and (B) the amount of the allotment of the eligible system of Guam. American Samoa. Northern Manana Islands. Trust Territory of the Pacific Islands. Virgin Islands. Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and the Virgin Islands shall not be less than $67,000, (b) (1) To the extent that all the amounts appropriated under section 117 for a fiscal year are not allotted to eligible systems because— (A) one or more eligible systems have not submitted an application for an allotment for such fiscal year; or (B) one or more eligible systems have notified the Secretary that they do not intend to use the full amount of their allotment, the amount which is not so allotted shall be reallotted among the remaining eligible systems. (2) The amount of an allotment to an eligible system for a fiscal year which the Secretary determines will not be required by the system during the period for which it is available shall be available for reallotment by the Secretary to other eligible systems with respect to which such a determination has not been made. (3) The Secretary shall make reallotments under paragraphs (1) Federal Register, publication. and (2) on such date or dates 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 such reallotment in the Federal Register). A reallotment to an eligible system shall be made in proportion to the original allotment of such system for such fiscal year, but with such proportionate amount for such system being reduced to the extent it exceeds the sum the Secretary estimates such system needs and will be able to use during such period. The total of such reductions shall be similarly reallotted among eligible systems whose proportionate amounts were not so reduced. Any amount so reallotted to an eligible system for a fiscal year shall be deemed to be a part of its allotment under subsection (a) for such fiscal year.

2. 1988

   Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1988

   Pub. L. 100–509 § 7(e)(1) · 102 Stat. 2543

   Amended · 42 U.S.C. § 10822(a)(2)

   Pub. L. 100–509, § 7(e)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Notwithstanding paragraph (1) and subject to the availability of appropriations under section 10827 of this title—

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 100–509, § 7(e)(1), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Notwithstanding paragraph (1) and subject to the availability of appropriations under section 10827 of this title—

   “(A) the amount of the allotment of the eligible system of each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico shall not be less than $125,000; and “(B) the amount of the allotment of the eligible system of Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and the Virgin Islands shall not be less than $67,000.”

   Enacted provision · exact public law section
   (1) in paragraph (2) to read as follows: “(2) Notwithstanding paragraph (1) and subject to the availability of appropriations under section 117— “(A) if the total amount appropriated in a fiscal year is at least $13,000,000— “(i) the amount of the allotment of the eligible system of District of Columbia. Puerto Rico. each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico shall be the greater of— “(I) $140,000; or “(II) $125,000 in addition to the amount determined under paragraph (3); and “(ii) the amount of the allotment of the eligible system of Territories, U.S. Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and the Virgin Islands shall be the greater of— “(I) $75,000; or “(II) $67,000 in addition to the amount determined under paragraph (3); and “(B) if the total amount appropriated in a fiscal year is less than $13,000,000, the amount of the allotment of the eligible system— “(i) of each of the several States, the District of Columbia, District of Columbia. Puerto Rico. and the Commonwealth of Puerto Rico shall not be less than $125,000 in addition to the amount determined under paragraph (3); and “(ii) of Guam, American Samoa, the Commonwealth of Territories, U.S. the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and the Virgin Islands shall not be less than $67,000 in addition to the amount determined under paragraph (3).”; and

3. 1988

   Protection and Advocacy for Mentally Ill Individuals Amendments Act of 1988

   Pub. L. 100–509 § 7(e)(2) · 102 Stat. 2543

   Added · 42 U.S.C. § 10822(a)(3)

   Pub. L. 100–509, § 7(e)(2), added par. (3)

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 100–509, § 7(e)(2), added par. (3).

   Enacted provision · exact public law section
   (2) by adding at the end thereof the following new paragraph: “(3) In any case in which the total amount appropriated under section 117 for a fiscal year exceeds the total amount appropriated under such section, as in effect on the day before the date of enactment of this paragraph, for the preceding fiscal year by a percentage greater than the most recent percentage change in the Consumer Price Index published by the Secretary of Labor under section 100(c)(1) of the Rehabilitation Act of 1973, the Secretary shall increase each of the allotments under clauses (i)(II) and (ii)(II) of subparagraph (A) and clauses (i) and (ii) of subparagraph (B) of paragraph (2) by an amount which bears the same ratio to the amount of such minimum allotment (including any increases in such minimum allotment under this paragraph for prior fiscal years) as the amount which is equal to the difference between— “(A) the total amount appropriated under section 117 for the fiscal year for which the increase in minimum allotment is made, minus; “(B) the total amount appropriated under section 117 for the immediately preceding fiscal year, bears to the total amount appropriated under section 117 for such preceding fiscal year.”.

4. 2000

   Youth Drug and Mental Health Services Act

   Pub. L. 106–310 § 3206(e)(1) · 114 Stat. 1101

   Substituted · 42 U.S.C. § 10822(a)(1)(B)

   Pub. L. 106–310, § 3206(e)(1), substituted “Marshall Islands, the Federated States of Micronesia, the Republic of Palau” for “Trust Territory of the Pacific Islands”

   Source evidence

   Code amendment note
   Subsec. (a)(1)(B). Pub. L. 106–310, § 3206(e)(1), substituted “Marshall Islands, the Federated States of Micronesia, the Republic of Palau” for “Trust Territory of the Pacific Islands”.

   Enacted provision · exact public law section
   (1) in paragraph (1)(B), by striking “Trust Territory of the Pacific Islands” and inserting “Marshall Islands, the Federated States of Micronesia, the Republic of Palau”; and

5. 2000

   Youth Drug and Mental Health Services Act

   Pub. L. 106–310 § 3206(d) · 114 Stat. 1101

   Amended · 42 U.S.C. § 10822(a)(2)

   Pub. L. 106–310, § 3206(d), amended par. (2) generally. Prior to amendment, par. (2) specified minimum amounts of allotments to eligible systems of each State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and the Virgin Islands based on whether the total amount appropriated in a fiscal year was at least $13,000,000 or less than $13,000,000

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 106–310, § 3206(d), amended par. (2) generally. Prior to amendment, par. (2) specified minimum amounts of allotments to eligible systems of each State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and the Virgin Islands based on whether the total amount appropriated in a fiscal year was at least $13,000,000 or less than $13,000,000.

   Enacted provision · exact public law section
   (d) Minimum Amount.— Paragraph (2) of section 112(a) of the Protection and Advocacy for Individuals with Mental Illness Act (as amended by subsection (a)) (42 U.S.C. 10822(a)(2)) is amended to read as follows: “(2) (A) The minimum amount of the allotment of an eligible system shall be the product (rounded to the nearest $100) of the appropriate base amount determined under subparagraph (B) and the factor specified in subparagraph (C). “(B) For purposes of subparagraph (A), the appropriate base amount— “(i) for American Samoa, Guam, the Marshall Islands, the Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, the Republic of Palau, and the Virgin Islands, is $139,300; and “(ii) for any other State, is $260,000. “(C) The factor specified in this subparagraph is the ratio of the amount appropriated under section 117 for the fiscal year for which the allotment is being made to the amount appropriated under such section for fiscal year 1995. “(D) If the total amount appropriated for a fiscal year is at least $25,000,000, the Secretary shall make an allotment in accordance with subparagraph (A) to the eligible system serving the American Indian consortium.”.

6. 2000

   Youth Drug and Mental Health Services Act

   Pub. L. 106–310 § 3206(e)(2) · 114 Stat. 1101

   Struck · 42 U.S.C. § 10822(a)(3)

   Pub. L. 106–310, § 3206(e)(2), struck out par. (3) which read as follows: “In any case in which the total amount appropriated under section 10827 of this title for a fiscal year exceeds the total amount appropriated under such section, as in effect on October 19, 1988, for the preceding fiscal year by a percentage greater than the most recent percentage change in the Consumer Price Index published by the Secretary of Labor under section 720(c)(1) of title 29, the Secretary shall increase each of the allotments under clauses (i)(II) and (ii)(II) of subparagraph (A) and clauses (i) and (ii) of subparagraph (B) of paragraph (2) by an amount which bears the same ratio to the amount of such minimum allotment (including any increases in such minimum allotment under this paragraph for prior fiscal years) as the amount which is equal to the difference between—

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 106–310, § 3206(e)(2), struck out par. (3) which read as follows: “In any case in which the total amount appropriated under section 10827 of this title for a fiscal year exceeds the total amount appropriated under such section, as in effect on October 19, 1988, for the preceding fiscal year by a percentage greater than the most recent percentage change in the Consumer Price Index published by the Secretary of Labor under section 720(c)(1) of title 29, the Secretary shall increase each of the allotments under clauses (i)(II) and (ii)(II) of subparagraph (A) and clauses (i) and (ii) of subparagraph (B) of paragraph (2) by an amount which bears the same ratio to the amount of such minimum allotment (including any increases in such minimum allotment under this paragraph for prior fiscal years) as the amount which is equal to the difference between—

   “(A) the total amount appropriated under section 10827 of this title for the fiscal year for which the increase in minimum allotment is made, minus; “(B) the total amount appropriated under section 10827 of this title for the immediately preceding fiscal year, bears to the total amount appropriated under section 10827 of this title for such preceding fiscal year.”

   Enacted provision · exact public law section
   (2) by striking paragraph (3).

6 of 6 references resolved to an enrolled provision