
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-310 Section 3206(d),]
[Document affected by Public Law 106-310 Section 3206(d),]
[CITE: 42USC10822]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
    CHAPTER 114--PROTECTION AND ADVOCACY FOR MENTALLY ILL INDIVIDUALS
 
              SUBCHAPTER I--PROTECTION AND ADVOCACY SYSTEMS
 
                    Part B--Administrative Provisions
 
Sec. 10822. Allotment formula and reallotments

    (a)(1)(A) Except as provided in paragraph (2) and subject to the 
availability of appropriations under section 10827 of this title, the 
Secretary shall make allotments under section 10803 of this title from 
amounts appropriated under section 10827 of this title 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 10827 of this title--
        (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 
        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 
        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, 
        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 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).

    (3) 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.
    (b)(1) To the extent that all the amounts appropriated under section 
10827 of this title 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) 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) of this section for such fiscal year.

(Pub. L. 99-319, title I, Sec. 112, May 23, 1986, 100 Stat. 483; Pub. L. 
100-509, Sec. 7(e), Oct. 20, 1988, 102 Stat. 2545.)


                               Amendments

    1988--Subsec. (a)(2). Pub. L. 100-509, Sec. 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.''
    Subsec. (a)(3). Pub. L. 100-509, Sec. 7(e)(2), added par. (3).

          Termination of Trust Territory of the Pacific Islands

    For termination of Trust Territory of the Pacific Islands, see note 
set out preceding section 1681 of Title 48, Territories and Insular 
Possessions.
