Page:United States Statutes at Large Volume 123.djvu/43

 123STA T . 23 PUBLIC LA W 111 – 3 —FE B. 4, 2 0 0 9source s (in c l u d in g o th er S t a te agencies )w ithout the p articipation o f the applicant or the applicant ’ s parent or careta k er relati v e .‘ ‘( F ) PRESUMPTIV EE L I G I B ILIT YFO R CH IL D RE N . —T he State is i m plementing section 1920A under title XI Xas well as , pursuant to section 210 7 (e)(1), under this title. ‘‘( G ) EX PRESS L A NE.—The State is implementing the option descri b ed in section 1902(e)(1 3 ) under title XIX as well as, pursuant to section 2107(e)(1), under this title. ‘‘( H ) PREMIUM ASSISTANCE SUBSIDIES.—The State is implementing the option of providing premium assistance subsidies under section 210 5 (c)(10) or section 190 6 A.’’. SEC.105 . TWO-Y E ARIN ITIA L A V AILA B ILITY O F C H I P ALLOT M ENTS. Section 210 4 (e) (42 U .S. C . 1397dd(e)) is amended to read as follows ‘‘(e) AVAILABILITY OF AMOUNTS ALLOTTED.— ‘‘(1) IN GENERAL.—E x cept as provided in paragraph (2), amounts allotted to a State pursuant to this section— ‘‘(A) for each of fiscal y ears 199 8 through 2008, shall remain available for expenditure by the State through the end of the second succeeding fiscal year and ‘‘( B ) for fiscal year 2009 and each fiscal year thereafter, shall remain available for expenditure by the State through the end of the succeeding fiscal year. ‘‘(2) AVAILABILITY OF AMOUNTS REDISTRIBUTED.—Amounts redistributed to a State under subsection (f) shall be available for expenditure by the State through the end of the fiscal year in which they are redistributed.’’. SEC. 10 6 .RE D ISTRIB U TION OF UNUSED ALLOTMENTS. (a) BEGINNING W ITH FISCAL Y EAR 2007.— (1) IN GENERAL.—Section 2104(f) (42 U.S.C. 1397dd(f)) is amended— (A) by striking ‘‘The Secretary’’ and inserting the fol - lowing: ‘‘(1) IN GENERAL.—The Secretary’’; (B) by striking ‘‘States that have fully expended the amount of their allotments under this section.’’ and inserting ‘‘States that the Secretary determines with respect to the fiscal year for which unused allotments are available for redistribution under this subsection, are short- fall States described in paragraph (2) for such fiscal year, but not to exceed the amount of the shortfall described in paragraph (2)(A) for each such State (as may be ad j usted under paragraph (2)(C)).’’; and (C) by adding at the end the following new paragraph: ‘‘(2) SHORTFALL STATES DESCRIBED.— ‘‘(A) IN GENERAL.—For purposes of paragraph (1), with respect to a fiscal year, 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 on the basis of the most recent data available to the Sec- retary, that the projected expenditures under such plan for the State for the fiscal year will exceed the sum of— ‘‘(i) the amount of the State’s allotments for any preceding fiscal years that remains available for