123STA T . 1 5PUBLIC LA W 111 – 3 —FE B. 4, 2 0 0 9par a g rap h(3)fo rap e r i o d i n fi sc a ly ear 201 3 shall re m ain a v aila b lefore x pendi tu re under this title for periods after the end of such fiscal year in the same manner as if the allotment had been made available for the entire fiscal year .’ ’. SEC.103 .C HILD E NRO LL M EN T CONTIN G ENC YFU ND. S ection 210 4 (42 U .S. C . 13 97 dd) , as amended by section 102, is amended by adding at the end the follo w ing new subsection
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‘(n) C HILDENRO LL ME N T CONTIN G EN CYFU ND. — ‘‘(1) E S T AB LISHMENT.— T here is hereby established in the Treasury of the United States a fund which shall be k nown as the ‘Child Enrollment Contingency Fund’ (in this subsection referred to as the ‘Fund’). A mounts in the Fund shall be avail - able without further appropriations for payments under this subsection. ‘‘(2) D E P OSITS INTO F UND.— ‘‘(A) I NITIAL AND SUBSE Q UENT APPROPRIATIONS.—Sub- j ect to subparagraphs ( B ) and (D), out of any money in the Treasury of the United States not otherwise appro- priated, there are appropriated to the Fund— ‘‘(i) for fiscal year 2009, an amount e q ual to 20 percent of the amount made available under paragraph (12) of subsection (a) for the fiscal year
and ‘‘(ii) for each of fiscal years 2010 through 2012 (and for each of the semi-annual allotment periods for fiscal year 2013), such sums as are necessary for making payments to eligible States for such fiscal year or period, but not in excess of the aggregate cap described in subparagraph (B). ‘‘(B) AGGREGATE CAP.—The total amount available for payment from the Fund for each of fiscal years 2010 through 2012 (and for each of the semi-annual allotment periods for fiscal year 2013), taking into account deposits made under subparagraph (C), shall not exceed 20 percent of the amount made available under subsection (a) for the fiscal year or period. ‘‘(C) IN V ESTMENT OF FUND.—The Secretary of the Treasury shall invest, in interest bearing securities of the United States, such currently available portions of the Fund as are not immediately required for payments from the Fund. The income derived from these investments con- stitutes a part of the Fund. ‘‘(D) AVAILABILITY OF E X CESS FUNDS FOR PERFORMANCE BONUSES.—Any amounts in excess of the aggregate cap described in subparagraph (B) for a fiscal year or period shall be made available for purposes of carrying out section 210 5 (a)(3) for any succeeding fiscal year and the Secretary of the Treasury shall reduce the amount in the Fund by the amount so made available. ‘‘(3) CHILD ENROLLMENT CONTINGENCY FUND PAYMENTS.— ‘‘(A) IN GENERAL.—If a State’s expenditures under this title in fiscal year 2009, fiscal year 2010, fiscal year 2011, fiscal year 2012, or a semi-annual allotment period for fiscal year 2013, exceed the total amount of allotments available under this section to the State in the fiscal year or period (determined without regard to any redistribution
