§ 1397dd.
(a)
Appropriation; total allotment
For the purpose of providing allotments to States under this section, subject to subsection (d), there is appropriated, out of any money in the Treasury not otherwise appropriated—
(1)
for fiscal year 1998, $4,295,000,000;
(2)
for fiscal year 1999, $4,275,000,000;
(3)
for fiscal year 2000, $4,275,000,000;
(4)
for fiscal year 2001, $4,275,000,000;
(5)
for fiscal year 2002, $3,150,000,000;
(6)
for fiscal year 2003, $3,150,000,000;
(7)
for fiscal year 2004, $3,150,000,000;
(8)
for fiscal year 2005, $4,050,000,000;
(9)
for fiscal year 2006, $4,050,000,000;
(10)
for fiscal year 2007, $5,000,000,000;
(11)
for fiscal year 2008, $5,000,000,000.
1
So in original. The period probably should be a semicolon.
(12)
for fiscal year 2009, $10,562,000,000;
(13)
for fiscal year 2010, $12,520,000,000;
(14)
for fiscal year 2011, $13,459,000,000;
(15)
for fiscal year 2012, $14,982,000,000;
(16)
for fiscal year 2013, $17,406,000,000;
(17)
for fiscal year 2014, $19,147,000,000;
(18)
for fiscal year 2015, for purposes of making 2 semi-annual allotments—
(A)
$2,850,000,000 for the period beginning on October 1, 2014, and ending on March 31, 2015, and
(B)
$2,850,000,000 for the period beginning on April 1, 2015, and ending on September 30, 2015;
(19)
for fiscal year 2016, $19,300,000,000;
(20)
for fiscal year 2017, for purposes of making 2 semi-annual allotments—
(A)
$2,850,000,000 for the period beginning on October 1, 2016, and ending on March 31, 2017; and
(B)
$2,850,000,000 for the period beginning on April 1, 2017, and ending on September 30, 2017;
(21)
for fiscal year 2018, $21,500,000,000;
(22)
for fiscal year 2019, $22,600,000,000;
(23)
for fiscal year 2020, $23,700,000,000;
(24)
for fiscal year 2021, $24,800,000,000;
(25)
for fiscal year 2022, $25,900,000,000;
(26)
for fiscal year 2023, for purposes of making two semi-annual allotments—
(A)
$2,850,000,000 for the period beginning on October 1, 2022, and ending on March 31, 2023; and
(B)
$2,850,000,000 for the period beginning on April 1, 2023, and ending on September 30, 2023;
(27)
for each of fiscal years 2024 through 2028, such sums as are necessary to fund allotments to States under subsections (c) and (m); and
(28)
for fiscal year 2029, for purposes of making two semi-annual allotments—
(A)
$7,650,000,000 for the period beginning on October 1, 2028, and ending on March 31, 2029; and
(B)
$7,650,000,000 for the period beginning on April 1, 2029, and ending on September 30, 2029.
(d)
Additional allotments to eliminate funding shortfalls
(1)
Appropriation; allotment authority
For the purpose of providing additional allotments to shortfall States described in paragraph (2), there is appropriated, out of any money in the Treasury not otherwise appropriated, $283,000,000 for fiscal year 2006.
(2)
Shortfall States described
For purposes of paragraph (1), a shortfall State described in this paragraph is a State with a State child health plan approved under this subchapter for which the Secretary estimates, on the basis of the most recent data available to the Secretary as of December 16, 2005, that the projected expenditures under such plan for such State for fiscal year 2006 will exceed the sum of—
(A)
the amount of the State’s allotments for each of fiscal years 2004 and 2005 that will not be expended by the end of fiscal year 2005;
(B)
the amount, if any, that is to be redistributed to the State during fiscal year 2006 in accordance with subsection (f); and
(C)
the amount of the State’s allotment for fiscal year 2006.
(3)
Allotments
In addition to the allotments provided under subsections (b) and (c), subject to paragraph (4), of the amount available for the additional allotments under paragraph (1) for fiscal year 2006, the Secretary shall allot—
(A)
to each shortfall State described in paragraph (2) such amount as the Secretary determines will eliminate the estimated shortfall described in such paragraph for the State; and
(4)
Use of additional allotment
Additional allotments provided under this subsection are only available for amounts expended under a State plan approved under this subchapter for child health assistance for targeted low-income children.
(5)
1-year availability; no redistribution of unexpended additional allotments
Notwithstanding subsections (e) and (f), amounts allotted to a State pursuant to this subsection for fiscal year 2006 shall only remain available for expenditure by the State through September 30, 2006. Any amounts of such allotments that remain unexpended as of such date shall not be subject to redistribution under subsection (f) and shall revert to the Treasury on October 1, 2006.
(j)
Additional allotments to eliminate funding shortfalls for fiscal year 2008
(1)
Appropriation; allotment authority
For the purpose of providing additional allotments described in subparagraphs (A) and (B) of paragraph (3), there is appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary, not to exceed $1,600,000,000 for fiscal year 2008.
(2)
Shortfall States described
For purposes of paragraph (3), a shortfall State described in this paragraph is a State with a State child health plan approved under this subchapter for which the Secretary estimates, on the basis of the most recent data available to the Secretary as of November 30, 2007, that the Federal share amount of the projected expenditures under such plan for such State for fiscal year 2008 will exceed the sum of—
(A)
the amount of the State’s allotments for each of fiscal years 2006 and 2007 that will not be expended by the end of fiscal year 2007;
(B)
the amount, if any, that is to be redistributed to the State during fiscal year 2008 in accordance with subsection (i); and
(C)
the amount of the State’s allotment for fiscal year 2008.
(3)
Allotments
In addition to the allotments provided under subsections (b) and (c), subject to paragraph (4), of the amount available for the additional allotments under paragraph (1) for fiscal year 2008, the Secretary shall allot—
(A)
to each shortfall State described in paragraph (2) not described in subparagraph (B), such amount as the Secretary determines will eliminate the estimated shortfall described in such paragraph for the State; and
(B)
to each commonwealth or territory described in subsection (c)(3), an amount equal to the percentage specified in subsection (c)(2) for the commonwealth or territory multiplied by 1.05 percent of the sum of the amounts determined for each shortfall State under subparagraph (A).
(4)
Proration rule
If the amounts available for additional allotments under paragraph (1) are less than the total of the amounts determined under subparagraphs (A) and (B) of paragraph (3), the amounts computed under such subparagraphs shall be reduced proportionally.
(5)
Retrospective adjustment
The Secretary may adjust the estimates and determinations made to carry out this subsection as necessary on the basis of the amounts reported by States not later than November 30, 2008, on CMS Form 64 or CMS Form 21, as the case may be, and as approved by the Secretary.
(6)
One-year availability; no redistribution of unexpended additional allotments
Notwithstanding subsections (e) and (f), amounts allotted to a State pursuant to this subsection for fiscal year 2008, subject to paragraph (5), shall only remain available for expenditure by the State through September 30, 2008. Any amounts of such allotments that remain unexpended as of such date shall not be subject to redistribution under subsection (f).
(l)
Additional allotments to eliminate funding shortfalls for the first 2 quarters of fiscal year 2009
(1)
Appropriation; allotment authority
For the purpose of providing additional allotments described in subparagraphs (A) and (B) of paragraph (3), there is appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary, not to exceed $275,000,000 for the first 2 quarters of fiscal year 2009.
(2)
Shortfall States described
For purposes of paragraph (3), a shortfall State described in this paragraph is a State with a State child health plan approved under this subchapter for which the Secretary estimates, on the basis of the most recent data available to the Secretary, that the Federal share amount of the projected expenditures under such plan for such State for the first 2 quarters of fiscal year 2009 will exceed the sum of—
(A)
the amount of the State’s allotments for each of fiscal years 2007 and 2008 that will not be expended by the end of fiscal year 2008;
(B)
the amount, if any, that is to be redistributed to the State during fiscal year 2009 in accordance with subsection (k); and
(C)
the amount of the State’s allotment for fiscal year 2009.
(3)
Allotments
In addition to the allotments provided under subsections (b) and (c), subject to paragraph (4), of the amount available for the additional allotments under paragraph (1) for the first 2 quarters of fiscal year 2009, the Secretary shall allot—
(A)
to each shortfall State described in paragraph (2) not described in subparagraph (B) such amount as the Secretary determines will eliminate the estimated shortfall described in such paragraph for the State; and
(B)
to each commonwealth or territory described in subsection (c)(3), an amount equal to the percentage specified in subsection (c)(2) for the commonwealth or territory multiplied by 1.05 percent of the sum of the amounts determined for each shortfall State under subparagraph (A).
(4)
Proration rule
If the amounts available for additional allotments under paragraph (1) are less than the total of the amounts determined under subparagraphs (A) and (B) of paragraph (3), the amounts computed under such subparagraphs shall be reduced proportionally.
(5)
Retrospective adjustment
The Secretary may adjust the estimates and determinations made to carry out this subsection as necessary on the basis of the amounts reported by States not later than May 31, 2009, on CMS Form 64 or CMS Form 21, as the case may be, and as approved by the Secretary.
(6)
Availability; no redistribution of unexpended additional allotments
Notwithstanding subsections (e) and (f), amounts allotted to a State pursuant to this subsection for fiscal year 2009, subject to paragraph (5), shall only remain available for expenditure by the State through March 31, 2009. Any amounts of such allotments that remain unexpended as of such date shall not be subject to redistribution under subsection (f).
([Aug. 14, 1935, ch. 531], title XXI, § 2104, as added [Pub. L. 105–33, title IV, § 4901(a)], Aug. 5, 1997, [111 Stat. 558]; amended [Pub. L. 105–100, title I, § 162(6)], (8), Nov. 19, 1997, [111 Stat. 2189], 2190; [Pub. L. 105–277, div. A, § 101(f) [title VII, § 706]], Oct. 21, 1998, [112 Stat. 2681–337], 2681–389; [Pub. L. 106–113, div. B, § 1000(a)(6) [title VII, §§ 701(a), 702, 705(a)]], Nov. 29, 1999, [113 Stat. 1536], 1501A–399, 1501A–400, 1501A–402; [Pub. L. 106–554, § 1(a)(6) [title VIII, §§ 801(a), 802(b), (d)(3)]], Dec. 21, 2000, [114 Stat. 2763], 2763A–578, 2763A–581; [Pub. L. 108–74, § 1(a)(1)]–(3), Aug. 15, 2003, [117 Stat. 892], 893; [Pub. L. 108–173, title IX, § 900(e)(1)(M)], Dec. 8, 2003, [117 Stat. 2372]; [Pub. L. 109–171, title VI, § 6101(a)], (b), Feb. 8, 2006, [120 Stat. 130], 131; [Pub. L. 109–482, title II, § 201(a)], Jan. 15, 2007, [120 Stat. 3698]; [Pub. L. 110–28, title VII, § 7001], May 25, 2007,