[Congressional Record (Bound Edition), Volume 153 (2007), Part 3]
[Senate]
[Page 3820]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 264. Mr. CHAMBLISS (for himself and Mr. Isakson) submitted an 
amendment intended to be proposed by him to the joint resolution H.J. 
Res. 20, making further continuing appropriations for the fiscal year 
2007, and for other purposes; which was ordered to lie on the table; as 
follows:

       Strike all after ``SEC.'' and insert the following:

     __. ADDITIONAL AMOUNTS TO ADDRESS SCHIP FUNDING SHORTFALLS 
                   FOR FISCAL YEAR 2007.

       (a) In General.--Section 2104 of the Social Security Act 
     (42 U.S.C. 1397dd) is amended by adding at the end the 
     following:
       ``(i) Additional Redistribution of Amounts Necessary to 
     Address Fiscal Year 2007 Funding Shortfalls.--
       ``(1) Redistribution of certain unused fiscal year 2005 
     allotments.--
       ``(A) In general.--Subject to subparagraphs (C) and (D), 
     with respect to months beginning during fiscal year 2007 
     after April 30, 2007, the Secretary shall provide for a 
     redistribution under subsection (f) from amounts made 
     available for redistribution under paragraphs (2) and (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 
     subsection (h)(4)(B) and on a monthly basis using the most 
     recent data available to the Secretary as of April 30, 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 subsection (h); 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.
       ``(2) Treatment of certain states with fiscal year 2005 
     allotments unexpended at the end of the first 7 months of 
     fiscal year 2007.--
       ``(A) Identification of states.--The Secretary, on the 
     basis of the most recent data available to the Secretary as 
     of April 30, 2007--
       ``(i) shall identify those States that received an 
     allotment for fiscal year 2006 under subsection (b) which 
     have not expended all of such allotment by April 30, 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 State for which 
     the Secretary determines, on the basis of the most recent 
     data available to the Secretary as of April 30, 2007, that 
     the total of all available allotments under this title to the 
     State as of such date, is at least equal to 200 percent of 
     the total projected expenditures under this title for the 
     State for fiscal year 2007.
       ``(C) Redistribution and limitation on availability of 
     portion of unused allotments for certain states.--In the case 
     of a State identified under subparagraph (A)(i) that is also 
     described in subparagraph (B), notwithstanding subsection 
     (e), the amount described in subparagraph (A)(ii)(I) shall 
     not be available for expenditure by the State on or after May 
     1, 2007, and shall be redistributed in accordance with 
     paragraph (1).
       ``(3) Treatment of certain states with fiscal year 2006 
     allotments unexpended at the end of the first 7 months of 
     fiscal year 2007.--
       ``(A) Identification of states.--The Secretary, on the 
     basis of the most recent data available to the Secretary as 
     of April 30, 2007--
       ``(i) shall identify those States that received an 
     allotment for fiscal year 2006 under subsection (b) which 
     have not expended all of such allotment by April 30, 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 State for which 
     the Secretary determines, on the basis of the most recent 
     data available to the Secretary as of April 30, 2007, that 
     the total of all available allotments under this title to the 
     State as of such date, is at least equal to 200 percent of 
     the total projected expenditures under this title for the 
     State for fiscal year 2008.
       ``(C) Redistribution and limitation on availability of 
     portion of unused allotments for certain states.--
       ``(i) In general.--In the case of a State identified under 
     subparagraph (A)(i) that is also described in subparagraph 
     (B), notwithstanding subsection (e), the applicable amount 
     described in clause (ii) shall not be available for 
     expenditure by the State on or after May 1, 2007, and shall 
     be redistributed in accordance with paragraph (1).
       ``(ii) Applicable amount.--For purposes of clause (i), the 
     applicable amount described in this clause is--

       ``(I) the amount by which the amount described in 
     subparagraph (A)(ii)(I), exceeds the total of the amounts the 
     Secretary determines will eliminate the estimated shortfalls 
     for all States described in paragraph (1)(B) (after the 
     application of paragraph (2)) for the fiscal year; multiplied 
     by
       ``(II) the ratio of the amount described in subparagraph 
     (A)(ii)(I) with respect to the State to the total the amounts 
     described in subparagraph (A)(ii)(I) for all such States.''.

       (b) Conforming Amendments.--Section 2104(h) of such Act (42 
     U.S.C. 1397dd(h)) is amended--
       (1) in paragraph (4), by inserting ``or subsection (i)'' 
     after ``this subsection'' each place it appears;
       (2) in paragraph (5)(A), by inserting ``and subsection 
     (i)'' after ``and (3)'';
       (3) in paragraph (6), by inserting ``or subsection (i)'' 
     after ``this subsection''; and
       (4) in paragraph (7), by inserting ``and subsection (i)'' 
     after ``this subsection''.
       (c) Effective Date; Applicability.--The amendments made by 
     this section take effect on the day after the date of 
     enactment of this Act and apply without fiscal year 
     limitation.

                                 ______
                                 
  SA 265. Ms. COLLINS submitted an amendment intended to be proposed to 
amendment SA 259 submitted by Mr. Warner (for himself, Mr. Levin, Ms. 
Collins, Mr. Nelson of Nebraska, Mr. Hagel, Ms. Snowe, Mr. Smith, Mr. 
Biden, and Mr. Salazar) and intended to be proposed to the joint 
resolution H.J. Res. 20, making further continuing appropriations for 
the fiscal year 2007, and for other purposes; which was ordered to line 
on the table; as follows:

       On page 7, between lines 11 and 12, insert the following:
       (23) Congress and the American people will continue to 
     support and protect the members of the United States Armed 
     Forces who are serving or who have served bravely and 
     honorably in Iraq.

     

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