---
kind: "section"
citation: "42 U.S.C. § 10822"
title: "42"
title_heading: "The Public Health and Welfare"
number: "10822"
heading: "Allotment formula and reallotments"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/10822"
units:
  - "Chapter 114 — Protection and Advocacy for Individuals with Mental Illness"
  - "Subchapter I — Protection and Advocacy Systems"
  - "Part B — Administrative Provisions"
---

# §10822. Allotment formula and reallotments

- (a)
  - (1)
    - (A) Except as provided in [paragraph (2)](#a-2) and subject to the availability of appropriations under [section 10827 of this title](/usc/42/10827.md), the [Secretary](/usc/42/242q–4.md?p=2) shall make allotments under [section 10803 of this title](/usc/42/10803.md) from amounts appropriated under [section 10827 of this title](/usc/42/10827.md) for a fiscal year to eligible systems on the basis of a formula prescribed by the [Secretary](/usc/42/242q–4.md?p=2) which is based equally—
      - (i) on the population of each [State](/usc/42/2021b.md?p=14) in which there is an eligible system; and
      - (ii) on the population of each such [State](/usc/42/2021b.md?p=14) weighted by its relative per capita income.
    - (B) For purposes of [subparagraph (A)(ii)](#a-1-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](/usc/42/2021b.md?p=14), except that if the [State](/usc/42/2021b.md?p=14) is Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Marshall Islands, the Federated [States](/usc/42/2021b.md?p=14) of Micronesia, the Republic of Palau, or the Virgin Islands, the quotient shall be considered to be one.
  - (2)
    - (A) The minimum amount of the allotment of an eligible system shall be the product (rounded to the nearest $100) of the appropriate base amount determined under [subparagraph (B)](#a-2-B) and the factor specified in [subparagraph (C)](#a-2-C).
    - (B) For purposes of [subparagraph (A)](#a-2-A), the appropriate base amount—
      - (i) for American Samoa, Guam, the Marshall Islands, the Federated [States](/usc/42/2021b.md?p=14) of Micronesia, the Commonwealth of the Northern Mariana Islands, the Republic of Palau, and the Virgin Islands, is $139,300; and
      - (ii) for any other [State](/usc/42/2021b.md?p=14), is $260,000.
    - (C) The factor specified in this subparagraph is the ratio of the amount appropriated under [section 10827 of this title](/usc/42/10827.md) for the fiscal year for which the allotment is being made to the amount appropriated under such section for fiscal year 1995.
    - (D) If the total amount appropriated for a fiscal year is at least $25,000,000, the [Secretary](/usc/42/242q–4.md?p=2) shall make an allotment in accordance with [subparagraph (A)](#a-2-A) to the eligible system serving the American Indian [consortium](/usc/42/17061.md?p=4).
- (b)
  - (1) To the extent that all the amounts appropriated under [section 10827 of this title](/usc/42/10827.md) 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](/usc/42/242q–4.md?p=2) 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](/usc/42/242q–4.md?p=2) determines will not be required by the system during the period for which it is available shall be available for reallotment by the [Secretary](/usc/42/242q–4.md?p=2) to other eligible systems with respect to which such a determination has not been made.
  - (3) The [Secretary](/usc/42/242q–4.md?p=2) shall make reallotments under paragraphs [(1)](#b-1) and [(2)](#b-2) on such date or dates as the [Secretary](/usc/42/242q–4.md?p=2) may fix (but not earlier than 30 days after the [Secretary](/usc/42/242q–4.md?p=2) has published notice of the intention of the [Secretary](/usc/42/242q–4.md?p=2) 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](/usc/42/242q–4.md?p=2) 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)](#a) for such fiscal year.

## Source credit

(Pub. L. 99–319, title I, § 112, May 23, 1986, 100 Stat. 483; Pub. L. 100–509, § 7(e), Oct. 20, 1988, 102 Stat. 2545; Pub. L. 106–310, div. B, title XXXII, § 3206(d), (e), Oct. 17, 2000, 114 Stat. 1194, 1195.)

## Notes

### Editorial Notes

### Amendments

2000—Subsec. (a)(1)(B). Pub. L. 106–310, § 3206(e)(1), substituted “Marshall Islands, the Federated States of Micronesia, the Republic of Palau” for “Trust Territory of the Pacific Islands”.

Subsec. (a)(2). Pub. L. 106–310, § 3206(d), amended par. (2) generally. Prior to amendment, par. (2) specified minimum amounts of allotments to eligible systems of each State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and the Virgin Islands based on whether the total amount appropriated in a fiscal year was at least $13,000,000 or less than $13,000,000.

Subsec. (a)(3). Pub. L. 106–310, § 3206(e)(2), struck out par. (3) which read as follows: “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.”

1988—Subsec. (a)(2). Pub. L. 100–509, § 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, § 7(e)(2), added par. (3).