FORMULA FOR ALLOTMENTS.

SEC. 2022. FORMULA FOR ALLOTMENTS. (a) Establishment of Formula.—Subpart I of part B of title XIX of the Public Health Service Act is amended by inserting after section 1912 the following new section: “allotments“Sec. 1912A. (a)(1) Subject to subsections (b) and (e), the Secretary shall determine the amount of the allotment under this subpart for a State for a fiscal year in accordance with the following formula: A ( X U ) “(2) For purposes of the formula specified in paragraph (1), the term ‘A’ means the difference between— “(A) an amount equal to the amount appropriated pursuant to section 1911 for allotments under this subpart for the fiscal year involved; and “(B) an amount equal to 1.5 percent of the amount referred to in subparagraph (A). “(3) For purposes of the formula specified in paragraph (1), the term ‘U’ means the sum of the respective terms ‘X’ determined for each State under paragraph (4). “(4)(A) For purposes of the formula specified in paragraph (1), the term ‘X’ means the product of— 102 STAT. 4195 “(i) an amount equal to the term ‘P’ as determined under subparagraph (B); and “(ii) the greater of— “(I) 0.4; and “(II) an amount equal to an amount determined in accordance with the following formula: 1—.35 ( S N ) “(B) For purposes of subparagraph (A)(i), the term ‘P’ means the sum of— “(i) an amount equal to the product of— “(I) 0.4; and “(II) an amount equal to the population living in urbanized areas of the State involved, as indicated by the most recent data collected by the Bureau of the Census; “(ii) an amount equal to the product of— “(I) 0.2; and “(II) an amount equal to the number of individuals in the State who are between 18 and 24 years of age, as indicated by the most recent data collected by the Bureau of the Census; “(iii) an amount equal to the product of— “(I) 0.2; and “(II) an amount equal to the number of individuals in the State who are between 25 and 44 years of age, as indicated by the most recent data collected by the Bureau of the Census; and “(iv) an amount equal to the product of— “(I) 0.2; and “(II) an amount equal to the number of individuals in the State who are between 25 and 64 years of age, as indicated by the most recent data collected by the Bureau of the Census. “(C) For purposes of the formula specified in subparagraph (A)(ii)(II), the term ‘S’ means the quotient of— “(i) an amount equal to the most recent 3-year average of the total taxable resources of the State, as determined by the Secretary of the Treasury; divided by “(ii) an amount equal to the term ‘P’ as determined under subparagraph (B). “(D) For purposes of the formula specified in subparagraph (A)(ii)(II), the term ‘N’ means the quotient of— “(i) an amount equal to the sum of the respective amounts determined for each State under subparagraph (C)(i); divided by “(ii) an amount equal to the sum of the respective terms ‘P’ determined for each State under subparagraph (B). “(b) Each State shall receive a minimum allotment under this subpart of the lesser of— “(1) $7,000,000; and “(2) an amount equal to 105 percent of the sum of— 102 STAT. 4196 “(A) the amount the State received under section 1913 for fiscal year 1988 (as such section was in effect for such fiscal year); and “(B) the amount the State received under part C for fiscal year 1988.”. (b) Territories and Certain Set-Aside.—Section 1912A of the Public Health Service Act, as added by subsection (a) of this section, is amended by adding at the end the following new subsection: “(c)(1) The allotment for a territory of the United States under this subpart for a fiscal year shall be the greater of— “(A) $100,000; and “(B) an amount determined in accordance with paragraph (2). “(2) The amount referred to in paragraph (I)(B) is the product of— “(A) an amount equal to the amounts reserved under paragraph (3); and “(B) a percentage equal to the quotient of— “(i) the population of the territory involved, as indicated by the most recently available data; divided by “(ii) the aggregate population of the territories of the United States, as indicated by such data. “(3) The Secretary shall reserve for the territories of the United percent of the amounts appropriated pursuant to section 1911 for allotments under this subpart for the fiscal year involved. “(d)(1) Of the amount allotted to the State of Hawaii under this section, an amount equal to the proportion of Native Hawaiians residing in the State of Hawaii to the total population of the State of Hawaii shall be available under this section only for Native Hawaiians. “(2) The amount made available under paragraph (1) may be expended only through contracts entered into by the State of Hawaii with public and private nonprofit organizations to enable such organizations to plan, conduct, and administer comprehensive substance abuse and treatment programs for the benefit of Native Hawaiians. In entering into contracts under this subsection, the State of Hawaii shall give preference to Native Hawaiian organizations and Native Hawaiian health centers. “(3) For the purposes of this subsection, the terms ‘Native Hawaiian’, ‘Native Hawaiian organization’, and ‘Native Hawaiian health center’ have the meaning given such terms in section 2308 of subtitle D of title II of the Anti-Drug Abuse Act of 1988.”. (c) Transition Rules for States.—Section 1912A of the Public Health Service Act, as added by subsection (a) of this section and amended by subsection (b) of such section, is amended by adding at the end the following new subsections: “(e)(1) For fiscal years 1989 through 1992, if the amount available for allotment from appropriations under section 1911 does not exceed the amount applicable under subsection (f) for the fiscal year involved, the amount of the allotment under this subpart for the State for such fiscal year shall be the product of— “(A) the amount appropriated under section 1911 for such fiscal year; and “(B) a percentage equal to the quotient of— “(i) an amount equal to the amount of the allotment under this part for the State for fiscal year 1984; divided by “(ii) an amount equal to the amount appropriated for allotments under this part for fiscal year 1984. 102 STAT. 4197 “(2) For the fiscal years referred to in paragraph (1), if the amount available for allotment from appropriations under section 1911 exceeds the amount applicable under subsection (f) for the fiscal year involved— “(A) the amount of such excess shall be allotted in accordance with subsection (a), except that the amount referred to in subsection (a)(2)(A) shall be deemed to be an amount equal to the amount of such excess for the fiscal year involved; and “(B) the amount equal to or less than such applicable amount shall be allotted in accordance with paragraph (1). “(f) For purposes of subsection (e)— “(1) the applicable amount for fiscal year 1989 is $330,000,000; “(2) the applicable amount for fiscal year 1990 is $250,000,000; “(3) the applicable amount for fiscal year 1991 is $200,000,000; and “(4) the applicable amount for fiscal year 1992 is $100,000,000. “(g)(1)(A) For purposes of this subpart, the term ‘State’ means, except as provided in subparagraph (B), each of the several States, the District of Columbia, and each of the territories of the United States. “(B) For purposes of subsections (a), (b), (e), and (f), the term ‘State’ means each of the several States and the District of Columbia. “(2) The term ‘territories of the United States’ means each of the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States. “(h) Effective October 1, 1992, this subsection and subsections (e) and (f) are repealed.”. (d) Technical and Conforming Amendments.—Section 1913 of the Public Health Service Act is amended— (1) by striking paragraphs (1) through (3) of subsection (a); (2) in subsection (a), as amended by paragraph (1) of this subsection, by striking the paragraph designation; and (3) in the section heading, by inserting before “allotments” the following: “certain provisions with respect to”. (e) Payments.—Section 1914(a)(2) of the Public Health Service Act (42 U.S.C. 300x–2(a)(2)) is amended to read as follows: “(2) Any amounts paid to a State under this section, obligated by the State, and remaining unexpended at the end of the fiscal year for which the amounts were paid shall remain available during the succeeding fiscal year to the State for carrying out this subpart.”.