Page:United States Statutes at Large Volume 120.djvu/3730

 PUBLIC LAW 109–482—JAN. 15, 2007

120 STAT. 3699

‘‘(A) IN GENERAL.—Subject to subparagraphs (C) and (D) and paragraph (5)(B), with respect to months beginning during fiscal year 2007 after March 31, 2007, the Secretary shall provide for a redistribution under subsection (f) from amounts made available for redistribution under paragraph (3) to each shortfall State described in subparagraph (B), such amount as the Secretary determines will eliminate the estimated shortfall described in such subparagraph for such State for the month. ‘‘(B) SHORTFALL STATE DESCRIBED.—For purposes of this paragraph, a shortfall State described in this subparagraph is a State with a State child health plan approved under this title for which the Secretary estimates, subject to paragraph (4)(B) and on a monthly basis using the most recent data available to the Secretary as of March 31, 2007, that the projected expenditures under such plan for such State for fiscal year 2007 will exceed the sum of— ‘‘(i) the amount of the State’s allotments for each of fiscal years 2005 and 2006 that was not expended by the end of fiscal year 2006; ‘‘(ii) the amount, if any, that is to be redistributed to the State in accordance with paragraph (1); and ‘‘(iii) the amount of the State’s allotment for fiscal year 2007. ‘‘(C) FUNDS REDISTRIBUTED IN THE ORDER IN WHICH STATES REALIZE FUNDING SHORTFALLS.—The Secretary shall redistribute the amounts available for redistribution under subparagraph (A) to shortfall States described in subparagraph (B) in the order in which such States realize monthly funding shortfalls under this title for fiscal year 2007. The Secretary shall only make redistributions under this paragraph to the extent that such amounts are available for such redistributions. ‘‘(D) PRORATION RULE.—If the amounts available for redistribution under paragraph (3) for a month are less than the total amounts of the estimated shortfalls determined for the month under subparagraph (A), the amount computed under such subparagraph for each shortfall State shall be reduced proportionally. ‘‘(3) TREATMENT OF CERTAIN STATES WITH FISCAL YEAR 2005

Effective date.

ALLOTMENTS UNEXPENDED AT THE END OF THE FIRST HALF OF FISCAL YEAR 2007.— ‘‘(A) IDENTIFICATION OF STATES.—The Secretary, on the

basis of the most recent data available to the Secretary as of March 31, 2007— ‘‘(i) shall identify those States that received an allotment for fiscal year 2005 under subsection (b) which have not expended all of such allotment by March 31, 2007; and ‘‘(ii) for each such State shall estimate— ‘‘(I) the portion of such allotment that was not so expended by such date; and ‘‘(II) whether the State is described in subparagraph (B). ‘‘(B) STATES WITH FUNDS IN EXCESS OF 200 PERCENT OF NEED.—A State described in this subparagraph is a

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