In this task, you are given text for US Congressional and California state bills, your task is to generate a summary for this bill.

Input: Consider Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Civil Asset Forfeiture Reform Act''.

SEC. 2. LIMITATION OF CUSTOMS AND TAX EXEMPTION UNDER THE TORT CLAIMS 
              PROCEDURES.

    Section 2680(c) of title 28, United States Code, is amended by 
striking ``law-enforcement officer'' and inserting ``law enforcement 
officer, except that this chapter and section 1346(b) shall apply to a 
claim based on the negligent destruction, injury, or loss of goods or 
merchandise (including real property) while in the possession of an 
officer of customs or excise or any other law enforcement officer''.

SEC. 3. LONGER PERIOD FOR FILING CLAIMS IN CERTAIN IN REM PROCEEDINGS.

    Rule C(6) of the Supplemental Rules for Certain Admiralty and 
Maritime Claims to the Federal Rules of Civil Procedures (28 U.S.C. 
App.) is amended by striking ``10 days'' and inserting ``60 days''.

SEC. 4. CLAIM AFTER SEIZURE.

    Section 608 of the Tariff Act of 1930 (19 U.S.C. 1608) is amended 
to read as follows:

``SEC. 608. SEIZURE; CLAIMS; REPRESENTATION.

    ``(a) In General.--
            ``(1) Filing of claim.--At any time within 60 days after 
        the date on which a notice of seizure is first published, a 
        person who claims a vessel, vehicle, aircraft, merchandise, or 
        baggage seized under a law described in section 605 may file 
        with the appropriate customs officer a claim stating the 
        person's interest in the property.
            ``(2) Condemnation.--On filing of a claim under paragraph 
        (1), the customs officer shall transmit the claim, with a 
        duplicate list and description of the articles seized, to the 
        United States attorney for the district in which the seizure 
        was made, who shall proceed to a condemnation of the 
        merchandise or other property in the manner prescribed by law.
    ``(b) Court-Appointed Counsel.--
            ``(1) In general.--If a person filing a claim under 
        subsection (a), or a claim regarding property seized under 
        another law that incorporates by reference the seizure, 
        forfeiture, and condemnation procedures of the customs laws, is 
        financially unable to obtain representation of counsel, the 
        court may appoint appropriate counsel to represent the person 
        with respect to the claim.
            ``(2) Compensation.--(A) The court shall set the 
        compensation for counsel appointed under paragraph (1) in an 
        amount that is equivalent to that provided for counsel 
        appointed under section 3006A of title 18, United States Code.
            ``(B) Compensation of counsel appointed under paragraph (1) 
        shall be paid from the Justice Assets Forfeiture Fund 
        established under section 524 of title 28, United States 
        Code.''.

SEC. 5. BURDEN OF PROOF IN FORFEITURE PROCEEDINGS.

    Section 615 of the Tariff Act of 1930 (19 U.S.C. 1615) is amended 
to read as follows:

``SEC. 615. BURDEN OF PROOF IN FORFEITURE PROCEEDINGS.

    ``(a) In General.--In a suit or action described in subsection (b), 
the burden of proof is on the Government to establish by clear and 
convincing evidence that the property is subject to forfeiture.
    ``(b) Suits and Actions Described.--A suit or action is described 
in this subsection if it is--
            ``(1) a suit or action (other than a suit or action arising 
        under section 592) brought for the forfeiture of a vessel, 
        vehicle, aircraft, merchandise, or baggage seized under any law 
        relating to the collection of duties on imports or tonnage; or
            ``(2) a suit or action brought for the recovery of the 
        value of any vessel, vehicle, aircraft, merchandise, or 
        baggage, because of a violation of that law.''.

SEC. 6. RELEASE OF SEIZED PROPERTY FOR SUBSTANTIAL HARDSHIP.

    Section 614 of the Tariff Act of 1930 (19 U.S.C. 1614) is amended--
            (1) by inserting ``(a) Release Upon Payment.--'' before 
        ``If''; and
            (2) by adding at the end the following new subsection:
    ``(b) Release of Seized Property for Substantial Hardship.--
            ``(1) Request for release.--(A) A claimant is entitled to 
        immediate release of seized property if continued possession by 
        the Government would cause the claimant substantial hardship.
            ``(B) A claimant seeking release of property under this 
        subsection shall--
                    ``(i) request possession of the property from the 
                appropriate customs officer; and
                    ``(ii) state in the request the basis for such 
                release.
            ``(2) Civil action.--(A) If, within 10 days after the date 
        on which a request is made under paragraph (1), the subject 
        property has not been released, the claimant may file a 
        complaint in any district court that would have jurisdiction 
        over forfeiture proceedings relating to the property.
            ``(B) A complaint under subparagraph (B) shall state--
                    ``(i) the nature of the claim to the seized 
                property;
                    ``(ii) the reason why the continued possession by 
                the United States Government pending the final 
                disposition of forfeiture proceedings will cause 
                substantial hardship to the claimant; and
                    ``(iii) the steps that the claimant has taken to 
                secure release of the property from the appropriate 
                customs officer.
            ``(3) Return of property.--If a complaint is filed under 
        paragraph (2), the district court shall order that the property 
        be returned to the claimant, pending completion of proceedings 
        by the United States Government to obtain forfeiture of the 
        property, if the claimant shows that--
                    ``(A) the claimant is likely to demonstrate a 
                possessory interest in the seized property; and
                    ``(B) continued possession by the United States 
                Government of the seized property is likely to cause 
                substantial hardship to the claimant.
            ``(4) Conditions.--The court may place such conditions on 
        release of the property as the court finds are appropriate to 
        preserve the availability of the property or its equivalent for 
        forfeiture.
            ``(5) Time for decision.--The district court shall render a 
        decision on a complaint filed under paragraph (2) no later than 
        30 days after the date of the filing, unless such 30-day 
        limitation is extended by consent of the parties or by the 
        court for good cause shown.''.

SEC. 7. JUSTICE ASSETS FORFEITURE FUND.

    Section 524(c) of title 28, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A) by 
                striking ``law enforcement'';
                    (B) by redesignating subparagraphs (H) and (I) as 
                subparagraphs (I) and (J), respectively; and
                    (C) by inserting after subparagraph (G) the 
                following new subparagraph:
            ``(H) payment of court-awarded compensation for 
        representation of claimants pursuant to section 608(b) of the 
        Tariff Act of 1930;''; and
            (2) in paragraph (9)(A), by striking ``(H)'' and inserting 
        ``(I)''.

SEC. 8. CLARIFICATION REGARDING FORFEITURES UNDER THE CONTROLLED 
              SUBSTANCES ACT.

    Section 511(a)(7) of the Controlled Substances Act (21 U.S.C. 
881(a)(7)) is amended by striking ``without the knowledge or consent of 
that owner'' and inserting ``either without the knowledge of that owner 
or without the consent of that owner''.

SEC. 9. APPLICABILITY.

    The amendments made by this Act apply with respect to claims filed 
under section 608 of the Tariff Act of 1930 and suits and actions filed 
under section 615 of that Act on or after the date of enactment of this 
Act.

Output: Civil Asset Forfeiture Reform Act - Amends the Federal judicial code to exclude from the customs and tax exemption under tort claims procedures a claim based on the negligent destruction, injury, or loss of goods or merchandise (including real property) while in the possession of a customs or other law enforcement officer. 
Extends the period for filing claims in certain in rem proceedings. 
Amends the Tariff Act of 1930 to provide that:  (1) in all suits or actions brought for the forfeiture of any vessel, vehicle, aircraft, merchandise, or baggage seized under the provisions of any law relating to the collection of duties on imports or tonnage, with exceptions, and for the recovery of the value of any forfeited property because of violation of any such law, the burden of proof is on the Government to establish by clear and convincing evidence that the property was subject to forfeiture; (2) any person claiming such property may at any time within 60 days from the date of the first publication of the notice of seizure file a claim with the appropriate customs officer, who shall transmit such claim to the U.S. attorney for the district in which seizure was made; and (3) if the person filing such claim (or a claim regarding seized property under any other provision of law that incorporates by reference the seizure, forfeiture, and condemnation procedures of the customs laws) is financially unable to obtain representation, the court may appoint counsel, subject to specified requirements. 
Specifies that a claimant is entitled to immediate release of seized property if continued possession by the Government would cause the claimant substantial hardship.  Sets forth procedures regarding the request for release, return of property, and time for decision by the court on a complaint for such return. 
Makes sums in the Department of Justice Assets Forfeiture Fund available for the payment of court-awarded compensation for representation of claimants under the Tariff Act, with respect to seizure claims by individuals financially unable to obtain representation of counsel.


Input: Consider Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Child Support Enforcement 
Improvements Act of 1993''.

SEC. 2. NONLIABILITY FOR DEPOSITORY INSTITUTIONS PROVIDING FINANCIAL 
              RECORDS TO STATE CHILD SUPPORT ENFORCEMENT AGENCIES IN 
              CHILD SUPPORT CASES.

    (a) In General.--Notwithstanding any other provision of Federal or 
State law, a depository institution shall not be liable under any 
Federal or State law to any person for disclosing any financial record 
of an individual to a State child support enforcement agency attempting 
to establish, modify, or enforce a child support obligation of such 
individual.
    (b) Prohibition of Disclosure of Financial Record Obtained by State 
Child Support Enforcement Agency.--A State child support enforcement 
agency which obtains a financial record of an individual from a 
financial institution pursuant to subsection (a) may disclose such 
financial record only for the purpose of, and to the extent necessary 
in, establishing, modifying, or enforcing a child support obligation of 
such individual.
    (c) Civil Damages for Unauthorized Disclosure.--
            (1) Disclosure by state officer or employee.--If any 
        officer or employee of a State knowingly, or by reason of 
        negligence, discloses a financial record of an individual in 
        violation of subsection (b), such individual may bring a civil 
        action for damages against such State in a district court of 
        the United States.
            (2) No liability for good faith but erroneous 
        interpretation.--No liability shall arise under this subsection 
        with respect to any disclosure which results from a good faith, 
        but erroneous, interpretation of subsection (b).
            (3) Damages.--In any action brought under paragraph (1), 
        upon a finding of liability on the part of the defendant, the 
        defendant shall be liable to the plaintiff in an amount equal 
        to the sum of--
                    (A) the greater of--
                            (i) $1,000 for each act of unauthorized 
                        disclosure of a financial record with respect 
                        to which such defendant is found liable; or
                            (ii) the sum of--
                                    (I) the actual damages sustained by 
                                the plaintiff as a result of such 
                                unauthorized disclosure; plus
                                    (II) in the case of a willful 
                                disclosure or a disclosure which is the 
                                result of gross negligence, punitive 
                                damages; plus
                    (B) the costs of the action.
    (d) Definitions.--For purposes of this section:
            (1) The term ``depository institution'' means--
                    (A) a depository institution, as defined by section 
                3(c) of the Federal Deposit Insurance Act;
                    (B) an institution-affiliated party, as defined by 
                section 3(u) of such Act; and
                    (C) any Federal credit union or State credit union, 
                as defined by section 101 of the Federal Credit Union 
                Act, including an institution-affiliated party of such 
                a credit union, as defined by section 206(r) of such 
                Act.
            (2) The term ``financial record'' has the meaning given 
        such term by section 1101 of the Right to Financial Privacy Act 
        of 1978.
            (3) The term ``State child support enforcement agency'' 
        means a State agency which administers a State program for 
        establishing and enforcing child support obligations.

SEC. 3. ACCESS TO AND USE OF CONSUMER REPORTS BY STATE CHILD SUPPORT 
              ENFORCEMENT AGENCIES IN CHILD SUPPORT CASES.

    (a) In General.--Section 604 of the Fair Credit Reporting Act (15 
U.S.C. 1681b) is amended by adding at the end the following:
            ``(4) To a State child support enforcement agency that is 
        seeking to establish, modify, or enforce a child support 
        obligation against the consumer, if--
                    ``(A) the paternity of the consumer for the child 
                to which the obligation relates has been established or 
                acknowledged by the consumer in accordance with State 
                laws under which the obligation arises (if required by 
                those laws); and
                    ``(B) the State child support enforcement agency--
                            ``(i) before obtaining the consumer report, 
                        provides written notice to the consumer that 
                        the State agency intends to obtain a consumer 
                        report on the consumer; and
                            ``(ii) certifies to the consumer reporting 
                        agency that--
                                    ``(I) the requirement in 
                                subparagraph (A) has been fulfilled (if 
                                applicable); and
                                    ``(II) the notice required by 
                                clause (i) has been provided.''.
    (b) State Child Support Enforcement Agency Defined.--Section 603 of 
such Act (15 U.S.C. 1681a) is amended by adding at the end the 
following new subsection:
    ``(j) The term `State child support enforcement agency' means a 
State agency which administers a State program for establishing and 
enforcing child support obligations.''.

SEC. 4. HEALTH CARE SUPPORT.

    (a) Inclusion in Child Support Orders.--
            (1) In general.--Section 466(a) of the Social Security Act 
        (42 U.S.C. 666(a)) is amended by inserting after paragraph (10) 
        the following:
            ``(11) Not later than the beginning of the 9th calendar 
        month that begins after the date the Secretary prescribes final 
        regulations as provided for in section 467(d)(2):
                    ``(A) Procedures which require any child support 
                order, issued or modified by a court or administrative 
                agency of the State on or after the effective date of 
                guidelines established by the State under section 
                467(d), to provide for coverage of the health care 
                costs of the child in accordance with such guidelines.
                    ``(B) Procedures which require the expedited 
                consideration and disposition of any allegation of 
                noncompliance with an obligation to cover the health 
                care costs of a child imposed under a child support 
                order issued or modified in the State.''.
            (2) State guidelines.--Section 467 of such Act (42 U.S.C. 
        667) is amended by adding at the end the following:
    ``(d)(1) Not later than the beginning of the 9th calendar month 
that begins after the date the Secretary prescribes final regulations 
in accordance with paragraph (2), each State, as a condition for having 
its State plan approved under this part, must establish guidelines for 
the coverage of the health care costs of children pursuant to child 
support orders issued or modified in the State, which guidelines shall 
create a streamlined process that meets the minimum standards 
established by the Secretary in such regulations.
    ``(2)(A) The Secretary shall promulgate regulations which set forth 
minimum standards that any set of guidelines established pursuant to 
paragraph (1) must meet in providing for the coverage of the health 
care costs of children pursuant to child support orders issued or 
modified in the State, including--
            ``(i) the contents of such an order with respect to the 
        coverage of such costs;
            ``(ii) the distribution of responsibility for such costs;
            ``(iii) to the extent that such costs are to be covered 
        through health insurance--
                    ``(I) the provision of such insurance;
                    ``(II) the payment of insurance claims; and
                    ``(III) the rights of the noncustodial parent and 
                the custodial parent to insurance information;
            ``(iv) the circumstances under which a provider of health 
        insurance may or may not deny coverage to a child who is the 
        subject of such an order;
            ``(v) penalties to be imposed on providers of health 
        insurance who fail to comply with the guidelines; and
            ``(vi) how changes in the circumstances of the noncustodial 
        parent and the custodial parent are to be taken into account 
        with respect to the coverage of such costs.
    ``(B) In developing such standards, the Secretary shall ensure 
that, in establishing guidelines pursuant to paragraph (1), the State 
considers the following matters in the following order of importance:
            ``(i) The best interests of the child.
            ``(ii) The financial and other circumstances of the parents 
        of the child.
            ``(iii) Cost-effectiveness.
    ``(3) The preceding subsections of this section shall apply in like 
manner to the guidelines established pursuant to this subsection.''.
            (3) Regulations.--
                    (A) Proposed regulations.--Within 9 months after 
                the date of the enactment of this Act, the Secretary of 
                Health and Human Services shall issue proposed 
                regulations to implement the amendments made by this 
                subsection.
                    (B) Final regulations.--Within 14 months after the 
                date of the enactment of this Act, the Secretary of 
                Health and Human Services shall issue final regulations 
                to implement the amendments made by this subsection.
    (b) Inclusion in Incentive Payments Program of Dependent Health 
Insurance Provided Due to Successful Enforcement.--
            (1) In general.--Section 458(b) of the Social Security Act 
        (42 U.S.C. 658(b)) is amended by adding at the end the 
        following:
    ``(5)(A) For purposes of this section, the successful enforcement 
by the State of a provision of a support order requiring an absent 
parent to obtain health insurance for 1 or more children shall be 
considered the collection of support from the absent parent, without 
regard to the means by which such support is provided.
    ``(B) The amount of support collected in any case in which the 
State successfully enforces a provision of a support order requiring an 
absent parent to obtain health insurance for 1 or more children shall 
be the savings to the State from the provision of such health insurance 
to such children, as determined in accordance with a health insurance 
savings methodology adopted by the State in accordance with regulations 
prescribed by the Secretary.''.
            (2) Regulations.--Within 6 months after the date of the 
        enactment of this Act, the Secretary of Health and Human 
        Services shall prescribe such regulations as may be necessary 
        to implement the amendment made by paragraph (1).
            (3) Study; report.--
                    (A) Study.--The Secretary of Health and Human 
                Services shall conduct a study to determine the 
                incentives that should be provided to encourage States 
                to enforce obligations of noncustodial parents to pay 
                (and obtain medical insurance coverage with respect to) 
                the reasonable and necessary health and dental expenses 
                of the children to whom the noncustodial parents owe 
                such obligations.
                    (B) Report.--Not later than 12 months after the 
                date of the enactment of this Act, the Secretary of 
                Health and Human Services shall submit to the Committee 
                on Ways and Means of the House of Representatives and 
                the Committee on Finance of the Senate the results of 
                the study required by subparagraph (A).

SEC. 5. ANNUAL REPORTS ON STATE COMPLIANCE WITH TIME LIMITS WITHIN 
              WHICH STATE MUST PROVIDE CERTAIN CHILD SUPPORT 
              ASSISTANCE.

    Section 452(a)(10) of the Social Security Act (42 U.S.C. 
652(a)(10)) is amended--
            (1) in subparagraph (H), by striking ``and'';
            (2) in subparagraph (I), by striking the period and 
        inserting ``; and''; and
            (3) by inserting after subparagraph (I) the following:
                    ``(J) compliance, by State, with the standards 
                established pursuant to subsections (h) and (i).''.

SEC. 6. WAGES WITHHELD BY EMPLOYERS TO PAY CHILD SUPPORT OBLIGATIONS 
              REQUIRED TO BE PAID TO STATE WITHIN 10 DAYS; LATE PAYMENT 
              PENALTY IMPOSED ON EMPLOYERS.

    (a) In General.--Section 466(b)(6)(A) of the Social Security Act 
(42 U.S.C. 666(b)(6)(A)) is amended--
            (1) in clause (i), by inserting ``within 10 days after the 
        payment of such wages'' before ``to the appropriate agency''; 
        and
            (2) by adding at the end the following:
            ``(iii) The State must require any employer who fails to 
        make any payment required in accordance with clause (i) within 
        the 10-day period described therein to pay the State a $1,000 
        penalty. The State must expend all penalties collected in 
        accordance with this clause for the operation of the State plan 
        approved under section 454, not later than the end of the 
        calendar quarter following the calendar quarter in which 
        collected.''.
    (b) Effective Date.--
            (1) In general.--Except as provided in paragraph (2) of 
        this subsection, the amendments made by subsection (a) of this 
        section shall take effect on the date of the enactment of this 
        Act and apply to wages paid on or after such date and payments 
        under part D of title IV of the Social Security Act for 
        calendar quarters beginning on or after such date.
            (2) Delay permitted if state legislation required.--In the 
        case of a State plan approved under section 454 of the Social 
        Security Act which the Secretary of Health and Human Services 
        determines requires State legislation (other than legislation 
        appropriating funds) in order for the plan to meet the 
        additional requirements imposed by the amendments made by 
        subsection (a) of this section, the State plan shall not be 
        regarded as failing to comply with the requirements of such 
        section 454 solely on the basis of the failure of the plan to 
        meet such additional requirements before the 1st day of the 1st 
        calendar quarter beginning after the close of the 1st regular 
        session of the State legislature that begins after the date of 
        the enactment of this Act. For purposes of the previous 
        sentence, in the case of a State that has a 2-year legislative 
        session, each year of such session shall be deemed to be a 
        separate regular session of the State legislature.

SEC. 7. NATIONAL PARENT LOCATOR NETWORK.

    Section 453 of the Social Security Act (42 U.S.C. 653) is amended 
by adding at the end the following:
    ``(g) The Secretary shall expand the Parent Locator Service to 
establish a national network based on the comprehensive statewide child 
support enforcement systems developed by the States, to--
            ``(1) allow each State to--
                    ``(A) locate any absent parent who owes child 
                support, for whom a child support obligation is being 
                established, or for whom an order for visitation is 
                being enforced, by--
                            ``(i) accessing the records of other State 
                        agencies and sources of locate information 
                        directly from one computer system to another; 
                        and
                            ``(ii) accessing Federal sources of locate 
                        information in the same fashion;
                    ``(B) access the files of other States to determine 
                whether there are other child support orders involving 
                the same absent parent, and obtain the details of any 
                such order;
                    ``(C) provide for both on-line and batch processing 
                of locate requests, with on-line access restricted to 
                cases in which the information is needed immediately 
                (for such reasons as court appearances) and batch 
                processing used to `troll' data bases to locate 
                individuals or update information periodically; and
                    ``(D) direct locate requests to individual States 
                or Federal agencies, broadcast requests to selected 
                States, or broadcast cases to all States when there is 
                no indication of the source of needed information;
            ``(2) provide for a maximum of 48-hour turnaround time for 
        information to be broadcast and returned to a requesting State; 
        and
            ``(3) provide ready access to courts of the information on 
        the network by location of a computer terminal in each 
        court.''.

                                 

HR 2396 IH----2

Output: Child Support Enforcement Improvements Act of 1993 - Makes depository institutions not liable under any Federal or State law to any person for disclosing any financial record of an individual to a State child support enforcement agency attempting to establish, modify, or enforce a child support obligation of such individual.  Prohibits such an agency from disclosing such a record for any other purpose and provides for civil damages for unauthorized disclosures. 
Amends the Fair Credit Reporting Act to permit credit reporting agencies to grant access to certain consumer reports to a State child support enforcement agency that is seeking to establish, modify, or enforce a child support obligation against the consumer. 
Amends part D (Child Support and Establishment of Paternity) of title IV of the Social Security Act to:  (1) require State laws to provide for the use of procedures requiring child support orders to provide for coverage of the health care costs of the child in accordance with State guidelines; (2) include under the incentive payments program any dependent medical insurance coverage which is provided due to the successful application of such procedures; (3) direct HHS' Office of Child Support Enforcement to report to the Congress annually on State compliance with specified standards establishing time limits for State response to certain child support assistance requests; (4) require States to assess a penalty against any employer who fails to make timely payment of withheld wages to pay child support obligations of an employee; and (5) direct the Office to develop a national parent locator network which would build on comprehensive statewide child support enforcement systems to allow States to carry out specified parent locator activities. 
Directs the Secretary of Health and Human Services (HHS) to study and report to specified congressional committees on how the successful efforts of States in enforcing obligations of absent parents to pay (and obtain medical insurance coverage with respect to) the health and dental expenses of their children should be rewarded through an incentive payments program.


Input: Consider Input: SECTION 1. SHORT TITLE.

    This Act may be cited as the ``SCHIP Full Funding Extension Act of 
2008''.

SEC. 2. EXTENDING SCHIP FUNDING THROUGH FISCAL YEAR 2012.

    (a) Through Fiscal Year 2012.--
            (1) In general.--Section 2104 of the Social Security Act 
        (42 U.S.C. 1397dd), as amended by section 201 of the Medicare, 
        Medicaid, and SCHIP Extension Act of 2007 (Public Law 110-173), 
        is amended--
                    (A) in subsection (a)(11), by striking ``and 2009'' 
                and inserting ``, 2009, 2010, 2011, and 2012''; and
                    (B) in subsection (c)(4)(B), by striking ``through 
                2009'' and inserting ``through 2012''.
            (2) Availability of extended funding.--Funds made available 
        from any allotment made from funds appropriated under 
        subsection (a)(11) or (c)(4)(B) of section 2104 of the Social 
        Security Act (42 U.S.C. 1397dd) for fiscal year 2009, 2010, 
        2011, or 2012 shall not be available for child health 
        assistance for items and services furnished after September 30, 
        2012.
    (b) Extension of Treatment of Qualifying States.--
            (1) In general.--Section 2105(g)(1)(A) of the Social 
        Security Act (42 U.S.C. 1397ee(g)(1)(A)), as amended by section 
        201(b) of the Medicare, Medicaid, and SCHIP Extension Act of 
        2007 (Public Law 110-173), is amended by striking ``or 2009'' 
        and inserting ``2009, 2010, 2011, or 2012''.
            (2) Conforming amendment.--Section 201(b) of such Public 
        Law is amended by striking paragraph (2).
    (c) Additional Allotments To Maintain SCHIP Programs Through Fiscal 
Year 2012.--Section 2104 of the Social Security Act (42 U.S.C. 1397dd) 
is amended by striking subsection (l) and inserting the following new 
subsections:
    ``(l) Additional Allotments To Maintain SCHIP Programs for Fiscal 
Year 2009.--
            ``(1) Appropriation; allotment authority.--For the purpose 
        of providing additional allotments described in subparagraphs 
        (A) and (B) of paragraph (3), there is appropriated, out of any 
        money in the Treasury not otherwise appropriated, such sums as 
        may be necessary, not to exceed $2,000,000,000 for fiscal year 
        2009.
            ``(2) Shortfall states described.--For purposes of 
        paragraph (3), a shortfall State described in this paragraph 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 Secretary, that the Federal 
        share amount of the projected expenditures under such plan for 
        such State for fiscal year 2009 will exceed the sum of--
                    ``(A) the amount of the State's allotments for each 
                of fiscal years 2007 and 2008 that will not be expended 
                by the end of fiscal year 2008;
                    ``(B) the amount, if any, that is to be 
                redistributed to the State during fiscal year 2009 in 
                accordance with subsection (i); and
                    ``(C) the amount of the State's allotment for 
                fiscal year 2009.
            ``(3) Allotments.--In addition to the allotments provided 
        under subsections (b) and (c), subject to paragraph (4), of the 
        amount available for the additional allotments under paragraph 
        (1) for fiscal year 2009, the Secretary shall allot--
                    ``(A) to each shortfall State described in 
                paragraph (2) not described in subparagraph (B), such 
                amount as the Secretary determines will eliminate the 
                estimated shortfall described in such paragraph for the 
                State; and
                    ``(B) to each commonwealth or territory described 
                in subsection (c)(3), an amount equal to the percentage 
                specified in subsection (c)(2) for the commonwealth or 
                territory multiplied by 1.05 percent of the sum of the 
                amounts determined for each shortfall State under 
                subparagraph (A).
            ``(4) Proration rule.--If the amounts available for 
        additional allotments under paragraph (1) are less than the 
        total of the amounts determined under subparagraphs (A) and (B) 
        of paragraph (3), the amounts computed under such subparagraphs 
        shall be reduced proportionally.
            ``(5) Retrospective adjustment.--The Secretary may adjust 
        the estimates and determinations made to carry out this 
        subsection as necessary on the basis of the amounts reported by 
        States not later than November 30, 2008, on CMS Form 64 or CMS 
        Form 21, as the case may be, and as approved by the Secretary.
            ``(6) One-year availability; no redistribution of 
        unexpended additional allotments.--Notwithstanding subsections 
        (e) and (f), amounts allotted to a State pursuant to this 
        subsection for fiscal year 2009, subject to paragraph (5), 
        shall only remain available for expenditure by the State 
        through September 30, 2009. Any amounts of such allotments that 
        remain unexpended as of such date shall not be subject to 
        redistribution under subsection (f).
    ``(m) Additional Allotments To Maintain SCHIP Programs for Fiscal 
Year 2010.--
            ``(1) Appropriation; allotment authority.--For the purpose 
        of providing additional allotments described in subparagraphs 
        (A) and (B) of paragraph (3), there is appropriated, out of any 
        money in the Treasury not otherwise appropriated, such sums as 
        may be necessary, not to exceed $3,000,000,000 for fiscal year 
        2010.
            ``(2) Shortfall states described.--For purposes of 
        paragraph (3), a shortfall State described in this paragraph 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 Secretary, that the Federal 
        share amount of the projected expenditures under such plan for 
        such State for fiscal year 2010 will exceed the sum of--
                    ``(A) the amount of the State's allotments for each 
                of fiscal years 2008 and 2009 that will not be expended 
                by the end of fiscal year 2009;
                    ``(B) the amount, if any, that is to be 
                redistributed to the State during fiscal year 2010 in 
                accordance with subsection (f); and
                    ``(C) the amount of the State's allotment for 
                fiscal year 2010.
            ``(3) Allotments.--In addition to the allotments provided 
        under subsections (b) and (c), subject to paragraph (4), of the 
        amount available for the additional allotments under paragraph 
        (1) for fiscal year 2010, the Secretary shall allot--
                    ``(A) to each shortfall State described in 
                paragraph (2) not described in subparagraph (B) such 
                amount as the Secretary determines will eliminate the 
                estimated shortfall described in such paragraph for the 
                State; and
                    ``(B) to each commonwealth or territory described 
                in subsection (c)(3), an amount equal to the percentage 
                specified in subsection (c)(2) for the commonwealth or 
                territory multiplied by 1.05 percent of the sum of the 
                amounts determined for each shortfall State under 
                subparagraph (A).
            ``(4) Proration rule.--If the amounts available for 
        additional allotments under paragraph (1) are less than the 
        total of the amounts determined under subparagraphs (A) and (B) 
        of paragraph (3), the amounts computed under such subparagraphs 
        shall be reduced proportionally.
            ``(5) Retrospective adjustment.--The Secretary may adjust 
        the estimates and determinations made to carry out this 
        subsection as necessary on the basis of the amounts reported by 
        States not later than November 30, 2010, on CMS Form 64 or CMS 
        Form 21, as the case may be, and as approved by the Secretary.
            ``(6) Availability; no redistribution of unexpended 
        additional allotments.--Notwithstanding subsections (e) and 
        (f), amounts allotted to a State pursuant to this subsection 
        for fiscal year 2010, subject to paragraph (5), shall only 
        remain available for expenditure by the State through September 
        30, 2010. Any amounts of such allotments that remain unexpended 
        as of such date shall not be subject to redistribution under 
        subsection (f).
    ``(n) Application to Fiscal Years 2011 and 2012.--
            ``(1) In general.--Subject to paragraph (2), subsection (m) 
        shall apply to each of fiscal years 2011 and 2012 in the same 
        manner such subsection applies to fiscal year 2010.
            ``(2) Application.--In applying subsection (m) under 
        paragraph (1) with respect to--
                    ``(A) fiscal year 2011--
                            ``(i) each reference to a year or date in 
                        such subsection shall be deemed a reference to 
                        the following year or to one year after such 
                        date, respectively; and
                            ``(ii) the reference to `$3,000,000,000' in 
                        paragraph (1) of such subsection shall be 
                        deemed a reference to `$4,000,000,000'; and
                    ``(B) fiscal year 2012--
                            ``(i) each reference to a year or date in 
                        such subsection shall be deemed a reference to 
                        the second following year or to two year after 
                        such date, respectively; and
                            ``(ii) the reference to `$3,000,000,000' in 
                        paragraph (1) of such subsection shall be 
                        deemed a reference to `$5,000,000,000'.''.

SEC. 3. OPTION FOR QUALIFYING STATES TO RECEIVE THE ENHANCED PORTION OF 
              THE SCHIP MATCHING RATE FOR MEDICAID COVERAGE OF CERTAIN 
              CHILDREN.

    Section 2105(g) of the Social Security Act (42 U.S.C. 1397ee(g)) is 
amended--
            (1) in paragraph (1)(A), by inserting ``subject to 
        paragraph (4),'' after ``Notwithstanding any other provision of 
        law,''; and
            (2) by adding at the end the following new paragraph:
            ``(4) Option for certain allotments.--
                    ``(A) Payment of enhanced portion of matching rate 
                for certain expenditures.--In the case of expenditures 
                described in subparagraph (B), a qualifying State (as 
                defined in paragraph (2)) may elect to be paid from the 
                State's allotment made under section 2104 for any 
                fiscal year (beginning with fiscal year 2009) (insofar 
                as the allotment is available to the State under 
                subsection (e) of such section) an amount each quarter 
                equal to the additional amount that would have been 
                paid to the State under title XIX with respect to such 
                expenditures if the enhanced FMAP (as determined under 
                subsection (b)) had been substituted for the Federal 
                medical assistance percentage (as defined in section 
                1905(b)).
                    ``(B) Expenditures described.--For purposes of 
                subparagraph (A), the expenditures described in this 
                subparagraph are expenditures made after the date of 
                the enactment of this paragraph and during the period 
                in which funds are available to the qualifying State 
                for use under subparagraph (A), for the provision of 
                medical assistance to individuals residing in the State 
                who are eligible for medical assistance under the State 
                plan under title XIX or under a waiver of such plan and 
                who have not attained age 19, and whose family income 
                equals or exceeds 133 percent of the poverty line but 
                does not exceed the Medicaid applicable income 
                level.''.


Output: SCHIP Full Funding Extension Act of 2008 - Amends title XXI (State Children's Health Insurance) (SCHIP) of the Social Security Act to extend through FY2012 funding under the SCHIP program, including additional allotments to maintain SCHIP funding for such fiscal years in shortfall states.

Grants qualifying states the option to receive the enhanced portion of the SCHIP matching rate for Medicaid coverage of certain children.