
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 3205]
[CITE: 42USC300x-7]

 
                 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 i--block grants for community mental health services
 
Sec. 300x-7. Determination of amount of allotment


(a) States

                   (1) Determination under formula

        Subject to subsection (b) of this section, the Secretary shall 
    determine the amount of the allotment required in section 300x of 
    this title for a State for a fiscal year in accordance with the 
    following formula:



                                                                 X
                                                   A  <3-ln (> ---- <3-ln )>
                                                                 U
-------------------------------------------------------------------------------
---------------------------------


                   (2) Determination of term ``A''

        For purposes of paragraph (1), the term ``A'' means the 
    difference between--
            (A) the amount appropriated under section 300x-9(a) of this 
        title for allotments under section 300x of this title for the 
        fiscal year involved; and
            (B) an amount equal to 1.5 percent of the amount referred to 
        in subparagraph (A).

                   (3) Determination of term ``U''

        For purposes of paragraph (1), the term ``U'' means the sum of 
    the respective terms ``X'' determined for the States under paragraph 
    (4).

                   (4) Determination of term ``X''

        For purposes of paragraph (1), the term ``X'' means the product 
    of--
            (A) an amount equal to the product of--
                (i) the term ``P'', as determined for the State involved 
            under paragraph (5); and
                (ii) the factor determined under paragraph (8) for the 
            State; and

            (B) the greater of--
                (i) 0.4; and
                (ii) an amount equal to an amount determined for the 
            State in accordance with the following formula:



                                                                   R%
                                               1-.35   <3-ln (> ------- <3-ln )
>
                                                                   P%
-------------------------------------------------------------------------------
---------------------------------


                   (5) Determination of term ``P''

        (A) For purposes of paragraph (4), the term ``P'' means the sum 
    of--
            (i) an amount equal to the product of 0.107 and the number 
        of individuals in the State who are between 18 and 24 years of 
        age (inclusive);
            (ii) an amount equal to the product of 0.166 and the number 
        of individuals in the State who are between 25 and 44 years of 
        age (inclusive);
            (iii) an amount equal to the product of 0.099 and the number 
        of individuals in the State who are between 45 and 64 years of 
        age (inclusive); and
            (iv) an amount equal to the product of 0.082 and the number 
        of individuals in the State who are 65 years of age or older.

        (B) With respect to data on population that is necessary for 
    purposes of making a determination under subparagraph (A), the 
    Secretary shall use the most recent data that is available from the 
    Secretary of Commerce pursuant to the decennial census and pursuant 
    to reasonable estimates by such Secretary of changes occurring in 
    the data in the ensuing period.

                  (6) Determination of term ``R%''

        (A) For purposes of paragraph (4), the term ``R%'', except as 
    provided in subparagraph (D), means the percentage constituted by 
    the ratio of the amount determined under subparagraph (B) for the 
    State involved to the amount determined under subparagraph (C).
        (B) The amount determined under this subparagraph for the State 
    involved is the quotient of--
            (i) the most recent 3-year arithmetic mean of the total 
        taxable resources of the State, as determined by the Secretary 
        of the Treasury; divided by
            (ii) the factor determined under paragraph (8) for the 
        State.

        (C) The amount determined under this subparagraph is the sum of 
    the respective amounts determined for the States under subparagraph 
    (B) (including the District of Columbia).
        (D)(i) In the case of the District of Columbia, for purposes of 
    paragraph (4), the term ``R%'' means the percentage constituted by 
    the ratio of the amount determined under clause (ii) for such 
    District to the amount determined under clause (iii).
        (ii) The amount determined under this clause for the District of 
    Columbia is the quotient of--
            (I) the most recent 3-year arithmetic mean of total personal 
        income in such District, as determined by the Secretary of 
        Commerce; divided by
            (II) the factor determined under paragraph (8) for the 
        District.

        (iii) The amount determined under this clause is the sum of the 
    respective amounts determined for the States (including the District 
    of Columbia) by making, for each State, the same determination as is 
    described in clause (ii) for the District of Columbia.

                  (7) Determination of term ``P%''

        For purposes of paragraph (4), the term ``P%'' means the 
    percentage constituted by the ratio of the term ``P'' determined 
    under paragraph (5) for the State involved to the sum of the 
    respective terms ``P'' determined for the States.

                 (8) Determination of certain factor

        (A) The factor determined under this paragraph for the State 
    involved is a factor whose purpose is to adjust the amount 
    determined under clause (i) of paragraph (4)(A), and the amounts 
    determined under each of subparagraphs (B)(i) and (D)(ii)(I) of 
    paragraph (6), to reflect the differences that exist between the 
    State and other States in the costs of providing comprehensive 
    community mental health services to adults with a serious mental 
    illness and to children with a serious emotional disturbance.
        (B) Subject to subparagraph (C), the factor determined under 
    this paragraph and in effect for the fiscal year involved shall be 
    determined according to the methodology described in the report 
    entitled ``Adjusting the Alcohol, Drug Abuse and Mental Health 
    Services Block Grant Allocations for Poverty Populations and Cost of 
    Service'', dated March 30, 1990, and prepared by Health Economics 
    Research, a corporation, pursuant to a contract with the National 
    Institute on Drug Abuse.
        (C) The factor determined under this paragraph for the State 
    involved may not for any fiscal year be greater than 1.1 or less 
    than 0.9.
        (D)(i) Not later than October 1, 1992, the Secretary, after 
    consultation with the Comptroller General, shall in accordance with 
    this section make a determination for each State of the factor that 
    is to be in effect for the State under this paragraph. The factor so 
    determined shall remain in effect through fiscal year 1994, and 
    shall be recalculated every third fiscal year thereafter.
        (ii) After consultation with the Comptroller General, the 
    Secretary shall, through publication in the Federal Register, 
    periodically make such refinements in the methodology referred to in 
    subparagraph (B) as are consistent with the purpose described in 
    subparagraph (A).

(b) Minimum allotments for States

    With respect to fiscal year 2000, the amount of the allotment of a 
State under section 300x of this title shall not be less than the amount 
the State received under section 300x of this title for fiscal year 
1998.

(c) Territories

                   (1) Determination under formula

        Subject to paragraphs (2) and (4), the amount of an allotment 
    under section 300x 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 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 20.6 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-9(a) of this title for allotments under section 300x 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 subsection (a) of this section, the term 
    ``State'' does not include the territories of the United States.

(July 1, 1944, ch. 373, title XIX, Sec. 1918, as added Pub. L. 102-321, 
title II, Sec. 201(2), July 10, 1992, 106 Stat. 385; amended Pub. L. 
102-352, Sec. 2(a)(8), (9), Aug. 26, 1992, 106 Stat. 938; Pub. L. 105-
277, div. A, Sec. 101(f) [title II, Sec. 218(a)], Oct. 21, 1998, 112 
Stat. 2681-337, 2681-362; Pub. L. 106-113, div. B, Sec. 1000(a)(4) 
[title II, Sec. 212(a)], Nov. 29, 1999, 113 Stat. 1535, 1501A-239.)


                            Prior Provisions

    A prior section 300x-7, act July 1, 1944, ch. 373, title XIX, 
Sec. 1919, formerly Sec. 1918, as added Aug. 13, 1981, Pub. L. 97-35, 
title IX, Sec. 901, 95 Stat. 551; renumbered Sec. 1919 and amended Oct. 
19, 1984, Pub. L. 98-509, title I, Sec. 106(a), (g), 98 Stat. 2358, 
2359, related to nondiscrimination provisions with respect to alcohol, 
drug abuse, and mental health programs, prior to repeal by Pub. L. 102-
321, Sec. 201(2).
    A prior section 1918 of act July 1, 1944, was classified to section 
300x-6 of this title prior to repeal by Pub. L. 102-321.


                               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 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 20.6 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 of this title shall 
    not be less than the amount the State received under section 300x of 
    this title for fiscal year 1998.''
See Effective and Termination Dates of 1998 Amendment note below.
    1992--Subsec. (a)(5)(A)(iii). Pub. L. 102-352, Sec. 2(a)(8), 
substituted ``45'' for ``25''.
    Subsec. (c)(2)(C). Pub. L. 102-352, Sec. 2(a)(9), added subpar. (C).


            Effective and Termination Dates of 1998 Amendment

    Pub. L. 105-277, div. A, Sec. 101(f) [title II, Sec. 218(c)], Oct. 
21, 1998, 112 Stat. 2681-337, 2681-363, provided that:
    ``(1) In general.--The amendments made by subsections (a) and (b) 
[amending this section and section 300x-33 of this title] shall become 
effective as if enacted on October 1, 1998 and shall only apply during 
fiscal year 1999.
    ``(2) Application.--Upon the expiration of the fiscal year described 
in paragraph (1), the provisions of sections 1918(b) and 1933(b) of the 
Public Health Service Act (42 U.S.C. 300x-7(b) and 300x-33(b)), as in 
effect on September 30, 1998, shall be applied as if the amendments made 
by this section had not been enacted.''


                    Effective Date of 1992 Amendments

    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, 300x-1, 300x-6, 300x-
33, 300x-64 of this title.
