
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 3304]
[CITE: 42USC300x-33]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
                      SUBCHAPTER XVII--BLOCK GRANTS
 
    Part B--Block Grants Regarding Mental Health and Substance Abuse
 
subpart ii--block grants for prevention and treatment of substance abuse
 
Sec. 300x-33. Determination of amount of allotment


(a) States

                           (1) In general

        Subject to subsection (b) of this section, 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

    Each State's allotment for fiscal year 2000 for programs under this 
subpart shall be equal to such State's allotment for such programs for 
fiscal year 1999, except that, if the amount appropriated in fiscal year 
2000 is less than the amount appropriated in fiscal year 1999, then the 
amount of a State's allotment under section 300x-21 of this title shall 
be equal to the amount that the State received under section 300x-21 of 
this title in fiscal year 1999 decreased by the percentage by which the 
amount appropriated for fiscal year 2000 is less than the amount 
appropriated for such section for fiscal year 1999.

(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

        The Secretary shall each fiscal year reserve for the territories 
    of the United States 1.5 percent of the amounts appropriated under 
    section 300x-35(a) of this title for allotments under section 300x-
    21 of this title for the fiscal year.

               (4) Availability of data on population

        With respect to data on the civilian population of the 
    territories of the United States, if the Secretary determines for a 
    fiscal year that recent such data for purposes of paragraph (1)(B) 
    do not exist regarding a territory, the Secretary shall for such 
    purposes estimate the civilian population of the territory by 
    modifying the data on the territory to reflect the average extent of 
    change occurring during the ensuing period in the population of all 
    territories with respect to which recent such data do exist.

               (5) Applicability of certain provisions

        For purposes of subsections (a) and (b) of this section, the 
    term ``State'' does not include the territories of the United 
    States.

(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; \1\
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    \1\ So in original. Probably should be ``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 abuse of alcohol and other drugs 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) Tribe or tribal organization as grantee

        The amount reserved by the Secretary on the basis of a 
    determination under this paragraph \2\ shall be granted to the 
    Indian tribe or tribal organization serving the individuals for whom 
    such a determination has been made.
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    \2\ So in original. Probably should be ``subsection''.
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                           (3) Application

        In order for an Indian tribe or tribal organization to be 
    eligible for a grant for a fiscal year under this paragraph,\2\ it 
    shall submit to the Secretary a plan for such fiscal year that meets 
    such criteria as the Secretary may prescribe.

                           (4) Definitions

        The terms ``Indian tribe'' and ``tribal organization'' have the 
    same meaning given such terms in subsections (b) and (c) \3\ of 
    section 450b of title 25.
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    \3\ See References in Text note below.
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(July 1, 1944, ch. 373, title XIX, Sec. 1933, as added Pub. L. 102-321, 
title II, Sec. 202, July 10, 1992, 106 Stat. 400; amended Pub. L. 102-
352, Sec. 2(a)(11), Aug. 26, 1992, 106 Stat. 938; Pub. L. 105-277, div. 
A, Sec. 101(f) [title II, Sec. 218(b)], Oct. 21, 1998, 112 Stat. 2681-
337, 2681-362; Pub. L. 106-113, div. B, Sec. 1000(a)(4) [title II, 
Sec. 212(b)], Nov. 29, 1999, 113 Stat. 1535, 1501A-239.)

                       References in Text

    Section 450b of title 25, referred to in subsec. (d)(4), was 
amended, and subsecs. (b) and (c) of section 450 no longer define the 
terms ``Indian tribe'' and ``tribal organization''. However, such terms 
are defined elsewhere in that section.


                            Prior Provisions

    A prior section 1933 of act July 1, 1944, was classified to section 
300y-23 of this title and subsequently omitted from the Code.


                               Amendments

    1999--Subsec. (b). Pub. L. 106-113 amended heading and text of 
subsec. (b) generally. Prior to amendment, text read as follows: ``For 
each of the fiscal years 1993 and 1994, the amount of the allotment 
required in section 300x-21 of this title for a State for the fiscal 
year involved shall be the greater of--
        ``(1) the amount determined under subsection (a) of this section 
    for the State for the fiscal year; and
        ``(2) an amount equal to 79.4 percent of the amount received by 
    the State from allotments made pursuant to this part for fiscal year 
    1992 (including reallotments under section 205(a) of the ADAMHA 
    Reorganization Act).''
    1998--Subsec. (b). Pub. L. 105-277, temporarily amended subsec. (b) 
to read as follows: ``(b) Minimum allotments for States.--
        ``(1) In general.--With respect to fiscal year 1999, the amount 
    of the allotment of a State under section 300x-21 of this title 
    shall not be less than the amount the State received under section 
    300x-21 of this title for fiscal year 1998 increased by 30.65 
    percent of the percentage by which the amount allotted to the States 
    for fiscal year 1999 exceeds the amount allotted to the States for 
    fiscal year 1998.
        ``(2) Limitation
            ``(A) In general.--Except as provided in subparagraph (B), a 
        State shall not receive an allotment under section 300x-21 of 
        this title for fiscal year 1999 in an amount that is less than 
        an amount equal to 0.375 percent of the amount appropriated 
        under section 300x-35(a) of this title for such fiscal year.
            ``(B) Exception.--In applying subparagraph (A), the 
        Secretary shall ensure that no State receives an increase in its 
        allotment under section 300x-21 of this title for fiscal year 
        1999 (as compared to the amount allotted to the State in the 
        fiscal year 1998) that is in excess of an amount equal to 300 
        percent of the percentage by which the amount appropriated under 
        section 300x-35(a) of this title for fiscal year 1999 exceeds 
        the amount appropriated for the prior fiscal year.
        ``(3) Only for the purposes of calculating minimum allotments 
    under this subsection, any reference to the amount appropriated 
    under section 300x-35(a) of this title for fiscal year 1998, 
    allotments to States under section 300x-21 of this title and any 
    references to amounts received by States in fiscal year 1998 shall 
    include amounts appropriated or received under the amendments made 
    by section 105 of the Contract with America Advancement Act of 1996 
    (Public Law 104-121).''
See Effective and Termination Dates of 1998 Amendment note below.
    1992--Subsec. (c)(2)(C). Pub. L. 102-352 added subpar. (C).


            Effective and Termination Dates of 1998 Amendment

    Amendment by Pub. L. 105-277 effective as if enacted on Oct. 1, 
1998, and applicable only during fiscal year 1999, and upon expiration 
of fiscal year 1999, subsec. (b) of this section, as in effect on Sept. 
30, 1998, to be applied as if such amendment had not been enacted, see 
section 101(f) [title II, Sec. 218(c)] of Pub. L. 105-277, set out as a 
note under section 300x-7 of this title.


                    Effective Date of 1992 Amendment

    Amendment by Pub. L. 102-352 effective immediately upon effectuation 
of amendment made by Pub. L. 102-321, see section 3(1) of Pub. L. 102-
352, set out as a note under section 285n of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 300x-21, 300x-26, 300x-32, 
300x-64 of this title.
