Sec. 103. Funds to address any Federal funding shortfalls for States
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Section 2104 ( 42 U.S.C. 1397dd ) is amended by adding at the end the following new subsection: There is hereby established in the Treasury of the United States a fund which shall be known as the CHIP Shortfall Fund (in this subsection referred to as the Fund ). Amounts in the Fund shall be available without further appropriations for payments under this subsection and shall remain available until expended. Out of any money in the Treasury of the United States not otherwise appropriated, there are appropriated to the Fund $3,860,000,000 for fiscal year 2016.
Notwithstanding any other provision of this title, the following amounts shall also be available, without fiscal year limitation, for making payments from the Fund: As of January 1 of fiscal year 2017, and as of January 1 of each succeeding fiscal year, the portion, if any, of the amount appropriated under subsection
(a)for the preceding fiscal year that is unobligated for allotment to a State under subsection
(m)for such preceding fiscal year. As of November 15 of fiscal year 2016 and each succeeding fiscal year, the total amount of allotments made to States under subsection
(a)for the second preceding fiscal year that is not expended or redistributed under subsection
(f)during the period in which such allotments are available for obligation. As of October 1, 2015, any unobligated amount in the Child Enrollment Contingency Fund under subsection (n). As of January 1, 2017, and as of January 1 of each succeeding calendar year, the portion, if any, of the amount appropriated under subparagraph (E)(iii) of section 2105(a)(3) for the preceding fiscal year that is not expended or obligated under such section for such preceding fiscal year. The Secretary of the Treasury shall invest in interest bearing securities of the United States such currently available portions of the Fund as are not immediately required for payments from the Fund. The income derived from these investments shall constitute a part of the Fund. For each of fiscal years 2016 through 2020, if the Secretary determines that a State is a shortfall State described in paragraph
(4)for that fiscal year, the Secretary shall pay the State from the Fund, in addition to any other payments made to a State under this title for the fiscal year, an amount equal to the amount described in subparagraph
(B)for the State and fiscal year. With respect to a State and a fiscal year, the amount described in this subparagraph is the amount of projected expenditures for the State under this title for the fiscal year that exceeds the sum determined under paragraph
(4)for the State and fiscal year. If the sum of the amounts otherwise payable under this paragraph for a fiscal year exceeds the amount available in the Fund for the fiscal year, the amount to be paid under this paragraph to each State for the fiscal year shall be reduced proportionally. No payment shall be made under this paragraph to a commonwealth or territory described in subsection (c)(3) until such time as the Secretary determines that there are in effect methods, satisfactory to the Secretary, for the collection and reporting of reliable data regarding the expenditures under the State child health plan in order to accurately determine the commonwealth's or territory's eligibility for, and amount of payment, under this paragraph. For purposes of paragraph (3), with respect to a fiscal year, a shortfall State is a State for which the Secretary estimates on the basis of the most recent data available to the Secretary, that the projected expenditures for the State for the fiscal year under this title (whether the State plan is implemented under this title, title XIX, or both) will exceed the sum of— the amount of the State's allotments for any preceding fiscal years that remains available for expenditure and that will not be expended by the end of the immediately preceding fiscal year; the amount (if any) that will be redistributed to the State under subsection
(f)for the fiscal year; the amount (if any) of the child enrollment contingency fund payment under subsection
(n)for the fiscal year; and the amount of the State's allotment for the fiscal year. The Secretary may adjust the determinations made under this subsection with respect to a State and fiscal year as necessary on the basis of the amounts reported by States not later than November 30 of the succeeding fiscal year, as approved by the Secretary. . Section 2104(f) ( 42 U.S.C. 1397dd(f) ) is amended— in paragraph (1)— by striking shortfall States and inserting redistribution States ; and by striking shortfall described and inserting deficit described ; and in paragraph (2)— in the paragraph heading, by striking and inserting Shortfall ; Redistribution in subparagraph (A), by striking shortfall State and inserting redistribution State ; and in subparagraph (B)— by striking shortfalls and inserting deficits ; and by striking shortfall State and inserting redistribution State .
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Sec. 103
Funds to address any Federal funding shortfalls for States
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