Home > 108th Congressional Public Laws > Pub.L. 108-028 Concerning participation of Taiwan in the World Health Organization. <> ...
Pub.L. 108-028 Concerning participation of Taiwan in the World Health Organization. <> ...
paragraph (3) or an increase in a cap amount under
paragraph (4) only if the eligibility under its State
plan under title XIX of the Social Security Act
(including any waiver under such title or under section
1115 of such Act (42 U.S.C. 1315)) is no more
restrictive than the eligibility under such plan (or
waiver) as in effect on September 2, 2003.
(B) State reinstatement of eligibility permitted.--A
State that has restricted eligibility under its State
plan under title XIX of the Social Security Act
(including any waiver under such title or under section
1115 of such Act (42 U.S.C. 1315)) after September 2,
2003, is eligible for an increase in its FMAP under
paragraph (3) or an increase in a cap amount under
paragraph (4) in the first calendar quarter (and
subsequent calendar quarters) in which the State has
reinstated eligibility that is no more restrictive than
the eligibility under such plan (or waiver) as in effect
on September 2, 2003.
[[Page 117 STAT. 766]]
(C) Rule of construction.--Nothing in subparagraph
(A) or (B) shall be construed as affecting a State's
flexibility with respect to benefits offered under the
State medicaid program under title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.) (including any
waiver under such title or under section 1115 of such
Act (42 U.S.C. 1315)).
(7) Requirement for certain states.--In the case of a State
that requires political subdivisions within the State to
contribute toward the non-Federal share of expenditures under
the State medicaid plan required under section 1902(a)(2) of the
Social Security Act (42 U.S.C. 1396a(a)(2)), the State shall not
require that such political subdivisions pay a greater
percentage of the non-Federal share of such expenditures for the
third and fourth calendar quarters of fiscal year 2003 and the
first, second and third calendar quarters of fiscal year 2004,
than the percentage that was required by the State under such
plan on April 1, 2003, prior to application of this subsection.
(8) Definitions.--In this subsection:
(A) FMAP.--The term ``FMAP'' means the Federal
medical assistance percentage, as defined in section
1905(b) of the Social Security Act (42 U.S.C. 1396d(b)).
(B) State.--The term ``State'' has the meaning given
such term for purposes of title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.).
(9) Repeal.--Effective <<NOTE: Effective date.>> as of
October 1, 2004, this subsection is repealed.
(b) $10,000,000,000 to Assist States in Providing Government
Services.--The Social Security Act (42 U.S.C. 301 et seq.) is amended by
inserting after title V the following:
``TITLE VI--TEMPORARY STATE FISCAL RELIEF
``SEC. 601. <<NOTE: 42 USC 801.>> TEMPORARY STATE FISCAL RELIEF.
``(a) Appropriation.--There is authorized to be appropriated and is
appropriated for making payments to States under this section,
$5,000,000,000 for each of fiscal years 2003 and 2004.
``(b) <<NOTE: Deadlines.>> Payments.--
``(1) Fiscal year 2003.--From the amount appropriated under
subsection (a) for fiscal year 2003, the Secretary of the
Treasury shall, not later than the later of the date that is 45
days after the date of enactment of this Act or the date that a
State provides the certification required by subsection (e) for
fiscal year 2003, pay each State the amount determined for the
State for fiscal year 2003 under subsection (c).
``(2) Fiscal year 2004.--From the amount appropriated under
subsection (a) for fiscal year 2004, the Secretary of the
Treasury shall, not later than the later of October 1, 2003, or
the date that a State provides the certification required by
subsection (e) for fiscal year 2004, pay each State the amount
determined for the State for fiscal year 2004 under subsection
(c).
``(c) Payments Based on Population.--
``(1) In general.--Subject to paragraph (2), the amount
appropriated under subsection (a) for each of fiscal years 2003
[[Page 117 STAT. 767]]
and 2004 shall be used to pay each State an amount equal to the
relative population proportion amount described in paragraph (3)
for such fiscal year.
``(2) Minimum payment.--
``(A) In general.--No State shall receive a payment
under this section for a fiscal year that is less than--
``(i) in the case of 1 of the 50 States or the
District of Columbia, \1/2\ of 1 percent of the
amount appropriated for such fiscal year under
subsection (a); and
``(ii) in the case of the Commonwealth of
Puerto Rico, the United States Virgin Islands,
Guam, the Commonwealth of the Northern Mariana
Islands, or American Samoa, \1/10\ of 1 percent of
the amount appropriated for such fiscal year under
subsection (a).
``(B) Pro rata adjustments.--The Secretary of the
Treasury shall adjust on a pro rata basis the amount of
the payments to States determined under this section
without regard to this subparagraph to the extent
necessary to comply with the requirements of
subparagraph (A).
``(3) Relative population proportion amount.--The relative
population proportion amount described in this paragraph is the
product of--
``(A) the amount described in subsection (a) for a
fiscal year; and
``(B) the relative State population proportion (as
defined in paragraph (4)).
``(4) Relative state population proportion defined.--For
purposes of paragraph (3)(B), the term `relative State
population proportion' means, with respect to a State, the
amount equal to the quotient of--
``(A) the population of the State (as reported in
the most recent decennial census); and
``(B) the total population of all States (as
reported in the most recent decennial census).
``(d) Use of Payment.--
``(1) In general.--Subject to paragraph (2), a State shall
use the funds provided under a payment made under this section
for a fiscal year to--
``(A) provide essential government services; or
``(B) cover the costs to the State of complying with
any Federal intergovernmental mandate (as defined in
section 421(5) of the Congressional Budget Act of 1974)
to the extent that the mandate applies to the State, and
the Federal Government has not provided funds to cover
the costs.
``(2) Limitation.--A State may only use funds provided under
a payment made under this section for types of expenditures
permitted under the most recently approved budget for the State.
``(e) Certification.--In order to receive a payment under this
section for a fiscal year, the State shall provide the Secretary of the
Treasury with a certification that the State's proposed uses of the
funds are consistent with subsection (d).
``(f) Definition of State.--In this section, the term `State' means
the 50 States, the District of Columbia, the Commonwealth of Puerto
Rico, the United States Virgin Islands, Guam, the
[[Page 117 STAT. 768]]
Commonwealth of the Northern Mariana Islands, and American Samoa.
``(g) Repeal.--Effective <<NOTE: Effective date.>> as of October 1,
2004, this title is repealed.''.
TITLE V--CORPORATE ESTIMATED TAX PAYMENTS FOR 2003
SEC. 501. TIME FOR PAYMENT OF CORPORATE ESTIMATED TAXES.
Notwithstanding section 6655 of the Internal Revenue Code of 1986,
25 percent of the amount of any required installment of corporate
estimated tax which is otherwise due in September 2003 shall not be due
until October 1, 2003.
Approved May 28, 2003.
LEGISLATIVE HISTORY--H.R. 2 (S. 2) (S. 1054):
---------------------------------------------------------------------------
HOUSE REPORTS: Nos. 108-94 (Comm. on Ways and Means) and 108-126
(Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 149 (2003):
May 9, considered and passed House.
May 14, 15, considered and passed Senate, amended, in lieu
of S. 1054.
May 22, House agreed to conference report.
May 23, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
May 28, Presidential remarks.
<all>
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