42 U.S.C. § 300x–7 — Determination of amount of allotment

(a) States (1) Determination under formula — Subject to subsection (b), the Secretary uses a formula to set each State's allotment under section 300x. Each State's allotment equals its share of "A" (explained below) based on its "X" value compared to "U," the sum of every State's "X." (2) Determination of term "A" — Start with the amount Congress appropriated under section 300x–9(a) of this title for section 300x allotments for the fiscal year. Subtract an amount equal to 1.5% of that same appropriated amount. What is left is "A." (3) Determination of term "U" — "U" is the sum of every State's "X" value, added together, where "X" is explained in paragraph (4). (4) Determination of term "X" — Each State's "X" is found in two steps. First, multiply the State's "P" value (paragraph (5)) by its cost-adjustment factor (paragraph (8)). Second, multiply that result by whichever is bigger: 0.4, or an amount found by this formula: 1 minus 0.35 times the State's "R%" divided by its "P%." (5) Determination of term "P" — "P" measures a State's population, weighted by age. Add together: 0.107 times the number of people in the State ages 18–24; plus 0.166 times the number ages 25–44; plus 0.099 times the number ages 45–64; plus 0.082 times the number 65 and older. For this population data, the Secretary uses the most recent decennial census data from the Secretary of Commerce, adjusted using the Secretary's reasonable estimates of changes since then. (6) Determination of term "R%" — For most States, "R%" is a percentage: take the State's most recent 3-year average of total taxable resources (as determined by the Secretary of the Treasury), divide it by the State's cost-adjustment factor from paragraph (8), and then divide that number by the sum of the same calculation done for every State, including the District of Columbia. The District of Columbia instead uses its most recent 3-year average of total personal income (as determined by the Secretary of Commerce), divided by its own cost-adjustment factor, compared against the same calculation done the same way for every State (including itself). (7) Determination of term "P%" — "P%" is a State's "P" value from paragraph (5), divided by the sum of every State's "P" value, expressed as a percentage. (8) Determination of certain factor — This is a cost-adjustment factor used throughout the formula. Its purpose is to account for the fact that providing comprehensive community mental health services to adults with serious mental illness and children with serious emotional disturbance costs more in some States than others. Subject to the cap in subparagraph (C), the Secretary must calculate this factor using the method described in a report titled "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 under a contract with the National Institute on Drug Abuse. This factor can never be greater than 1.1 or less than 0.9 for any State in any fiscal year. By October 1, 1992, the Secretary — after consulting the Comptroller General — had to set this factor for each State; that factor stayed in effect through fiscal year 1994 and is recalculated every third fiscal year after that. The Secretary must also, after consulting the Comptroller General, periodically publish refinements to the calculation method in the Federal Register, as long as those refinements stay consistent with the factor's purpose. (b) Minimum allotments for States — For fiscal year 2000 and every fiscal year after, a State's allotment under section 300x of this title cannot be less than what that State received under section 300x for fiscal year 1998. (c) Territories (1) Determination under formula — Subject to paragraphs (2) and (4), a territory's allotment equals the amount reserved for territories that year under paragraph (3), multiplied by a percentage: the territory's civilian population (using the most recently available data) divided by the combined civilian population of all U.S. territories (using that same data). (2) Minimum allotment for territories — A territory's allotment must be at least the greatest of: (A) the amount from the formula in paragraph (1); (B) $50,000; and (C) for fiscal years 1993 and 1994 only, 20.6% of what the territory received from allotments under this part for fiscal year 1992. (3) Reservation of amounts — Each fiscal year, the Secretary must reserve 1.5% of the amounts appropriated under section 300x–9(a) of this title for section 300x allotments, and that reserved amount goes to the territories. (4) Availability of data on population — If recent civilian population data for a territory does not exist, the Secretary must estimate it by adjusting the older data to reflect the average change seen during that period in the population of all territories that do have recent data. (5) Applicability of certain provisions — For all of subsection (a), the term "State" does not include the territories of the United States.