123STA T . 1 4PUBLIC LA W 111 – 3 —FE B.4 , 2 0 0 9‘ ‘ (I I )theamoun tma d ea v a il a b le unde rs ub - se c tion (a)( 16 )( B ) . ‘‘( 4 ) PRO R ATI O N R ULE . — I f, after the a p plication of this sub- section w ithout re g ard to this paragraph, the sum of the allot- ments determined under paragraph (1), ( 2 ),or( 3 ) for a fiscal y ear (or, in the case of fiscal year 2 0 13, for a semi-annual period in such fiscal year) e x ceeds the amount available under subsection (a) for such fiscal year or period, the S ecretary shall reduce each allotment for any State under such paragraph for such fiscal year or period on a proportional basis. ‘‘( 5 ) A LLOT M ENT IN C REA S E F ACTOR.— T he allotment increase factor under this paragraph for a fiscal year is e q ual to the product of the following
‘‘(A) PER CA P ITA H EALTH CARE G RO W TH FACTOR.—1 plus the percentage increase in the pro j ected per capita amount of N ational H ealth E xpenditures from the calendar year in which the previous fiscal year ends to the calendar year in which the fiscal year involved ends, as most recently published by the Secretary before the beginning of the fiscal year. ‘‘(B) C HIL D POPULATION GROWTH FACTOR.—1 plus the percentage increase (if any) in the population of children in the State from J uly 1 in the previous fiscal year to July 1 in the fiscal year involved, as determined by the Secretary based on the most recent published estimates of the Bureau of the Census before the beginning of the fiscal year involved, plus 1 percentage point. ‘‘(6) INCREASE IN ALLOTMENT TO ACCOUNT FOR APPRO V ED PROGRAM E X PANSIONS.—In the case of one of the 50 States or the D istrict of Columbia that— ‘‘(A) has submitted to the Secretary, and has approved by the Secretary, a State plan amendment or waiver request relating to an expansion of eligibility for children or benefits under this title that becomes effective for a fiscal year (beginning with fiscal year 2010 and ending with fiscal year 2013)
and ‘‘(B) has submitted to the Secretary, before the August 31 preceding the beginning of the fiscal year, a request for an expansion allotment adjustment under this para- graph for such fiscal year that specifies— ‘‘(i) the additional expenditures that are attrib- utable to the eligibility or benefit expansion provided under the amendment or waiver described in subpara- graph (A), as certified by the State and submitted to the Secretary by not later than August 31 preceding the beginning of the fiscal year; and ‘‘(ii) the extent to which such additional expendi- tures are projected to exceed the allotment of the State or District for the year, subject to paragraph (4), the amount of the allotment of the State or District under this subsection for such fiscal year shall be increased by the excess amount described in subpara- graph (B)(i). A State or District may only obtain an increase under this paragraph for an allotment for fiscal year 2010 or fiscal year 2012. ‘‘( 7 ) AVAILA B ILIT Y OF AMOUNTS FOR SEMI-ANNUAL PERIODS IN FISCAL YEAR 2013 .—Each semi-annual allotment made under Certif i ca ti on.D ea dl ine.
