I 

115TH CONGRESS 

1ST SESSION H. R. 4515 

To amend title XXI of the Social Security Act to provide for a special 

rule during the first quarter of fiscal year 2018 for the redistribution 

of certain Children’s Health Insurance Program allocations for certain 

shortfall States. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 1, 2017 

Mr. COSTELLO of Pennsylvania (for himself, Mr. EMMER, Mr. WALDEN, and 

Mr. BURGESS) introduced the following bill; which was referred to the 

Committee on Energy and Commerce 

A BILL 

To amend title XXI of the Social Security Act to provide 

for a special rule during the first quarter of fiscal year 

2018 for the redistribution of certain Children’s Health 

Insurance Program allocations for certain shortfall 

States. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. CHIP ALLOCATION REDISTRIBUTION SPECIAL 

2 RULE FOR CERTAIN SHORTFALL STATES 

3 DURING FIRST QUARTER OF FISCAL YEAR 

4 2018. 

5 Section 2104(f)(2) of the Social Security Act (42 

6 U.S.C. 1397dd(f)(2)) is amended— 

7 (1) by amending subparagraph (B) to read as 

8 follows: 

9 ‘‘(B) DETERMINATION OF REDISTRIBUTED

10 AMOUNTS IF INSUFFICIENT AMOUNTS AVAIL11 ABLE.— 

12 ‘‘(i) PRORATION RULE.—Subject to 

13 clause (ii), if the amounts available for re14 distribution under paragraph (1) for a fis15 cal year are less than the total amounts of 

16 the estimated shortfalls determined for the 

17 year under subparagraph (A), the amount 

18 to be redistributed under such paragraph 

19 for each shortfall State shall be reduced 

20 proportionally. 

21 ‘‘(ii) SPECIAL RULE FOR FIRST QUAR22 TER OF FISCAL YEAR 2018.— 

23 ‘‘(I) IN GENERAL.—For the pe24 riod beginning on October 1, 2017, 

25 and ending December 31, 2017, with 

26 respect to any amounts available for 


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1 redistribution under paragraph (1) for 

2 fiscal year 2018, the Secretary shall 

3 redistribute under such paragraph 

4 such amounts to each emergency 

5 shortfall State (as defined in sub6 clause (II)) in such amount as is 

7 equal to the amount of the shortfall 

8 described in subclause (II) for such 

9 State and period (as may be adjusted 

10 under subparagraph (C)) before the 

11 Secretary may redistribute such 

12 amounts to any shortfall State that is 

13 not an emergency shortfall State. In 

14 the case of any amounts redistributed 

15 under this subclause to a State that is 

16 not an emergency shortfall State, such 

17 amounts shall be determined in ac18 cordance with clause (i). 

19 ‘‘(II) EMERGENCY SHORTFALL

20 STATE DEFINED.—For purposes of 

21 this clause, the term ‘emergency 

22 shortfall State’ means, with respect to 

23 the period beginning October 1, 2017, 

24 and ending December 31, 2017, a 

25 shortfall State for which the Secretary 


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1 estimates, in accordance with sub2 paragraph (A) (unless otherwise speci3 fied in this subclause), that the pro4 jected expenditures under the State 

5 child health plan and under section 

6 2105(g) (calculated as if the reference 

7 under section 2105(g)(4)(A) to ‘2017’ 

8 were a reference to ‘2018’ and insofar 

9 as the allotments are available to the 

10 State under this subsection or sub11 section (e) or (m)) for such period will 

12 exceed the sum of the amounts de13 scribed in clauses (i) through (iii) of 

14 subparagraph (A) for such period, in15 cluding after application of any 

16 amount redistributed under paragraph 

17 (1) before such date of enactment to 

18 such State. A shortfall State may be 

19 an emergency shortfall State under 

20 the previous sentence without regard 

21 to whether any amounts were redis22 tributed before such date of enact23 ment to such State under paragraph 

24 (1) for fiscal year 2018. 


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1 ‘‘(III) APPLICATION OF QUALI2 FYING STATE OPTION.—During the 

3 period described in subclause (I), sec4 tion 2105(g)(4) shall apply to a quali5 fying State (as defined in section 

6 2105(g)(2)) as if under section 

7 2105(g)(4)— 

8 ‘‘(aa) the reference to ‘2017’ 

9 were a reference to ‘2018’; and 

10 ‘‘(bb) the reference to ‘under 

11 subsections (e) and (m) of such 

12 section’ were a reference to 

13 ‘under subsections (e), (f), and 

14 (m) of such section’.’’; and 

15 (2) by adding at the end the following new sub16 paragraph: 

17 ‘‘(D) RULE OF CONSTRUCTION.—Nothing 

18 in this paragraph may be construed as pre19 venting a commonwealth or territory described 

20 in subsection (c)(3) from being treated as a 

21 shortfall State or an emergency shortfall 

22 State.’’. 

Æ 


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