[108th Congress Public Law 89]
[From the U.S. Government Printing Office]
[DOCID: f:publ089.108]
[[Page 117 STAT. 1131]]
Public Law 108-89
108th Congress
An Act
To extend the Temporary Assistance for Needy Families block grant
program, and certain tax and trade programs, and for other <<NOTE: Oct.
1, 2003 - [H.R. 3146]>> purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I--FAMILY ASSISTANCE PROVISIONS
SEC. 101. EXTENSION OF THE TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BLOCK
GRANT PROGRAM THROUGH MARCH 31, 2004.
(a) In General.--Activities authorized by part A of title IV of the
Social Security Act, and by sections 510, 1108(b), and 1925 of such Act,
shall continue through March 31, 2004, in the manner authorized for
fiscal year 2002, notwithstanding section 1902(e)(1)(A) of such Act, and
out of any money in the Treasury of the United States not otherwise
appropriated, there are hereby appropriated such sums as may be
necessary for such purpose. Grants and payments may be made pursuant to
this authority for carrying out such activities during the first two
quarters of fiscal year 2004 at the level provided for the first two
quarters of fiscal year 2002.
(b) Conforming Amendments.--
(1) Supplemental grants for population increases in certain
states.--Section 403(a)(3)(H) of the Social Security Act (42
U.S.C. 603(a)(3)(H)) is amended--
(A) in the subparagraph heading, by striking ``of
grants for fiscal year 2002''; and
(B) in clause (ii)--
(i) by striking ``2003'' and inserting ``March
31, 2004''; and
(ii) by striking ``2001'' and inserting
``fiscal year 2001''.
(2) Contingency fund.--Section 403(b)(3)(C)(ii) of such Act
(42 U.S.C. 603(b)(3)(C)(ii)) is amended by striking ``2003'' and
inserting ``2004''.
(3) Maintenance of effort.--Section 409(a)(7) of such Act
(42 U.S.C. 609(a)(7)) is amended--
(A) in subparagraph (A), by striking ``or 2004'' and
inserting ``2004, or 2005''; and
(B) in subparagraph (B)(ii), by striking ``2003''
and inserting ``2004''.
[[Page 117 STAT. 1132]]
SEC. 102. EXTENSION OF THE NATIONAL RANDOM SAMPLE STUDY OF CHILD WELFARE
AND CHILD WELFARE WAIVER AUTHORITY THROUGH MARCH 31, 2004.
Activities authorized by sections 429A and 1130(a) of the Social
Security Act shall continue through March 31, 2004, in the manner
authorized for fiscal year 2002, and out of any money in the Treasury of
the United States not otherwise appropriated, there are hereby
appropriated such sums as may be necessary for such purpose. Grants and
payments may be made pursuant to this authority for carrying out such
activities during the first two quarters of fiscal year 2004 at the
level provided for the first two quarters of fiscal year 2002.
TITLE II--TAX PROVISIONS
SEC. 201. DISCLOSURE OF RETURN INFORMATION TO CARRY OUT INCOME
CONTINGENT REPAYMENT OF STUDENT LOANS.
(a) In General.--Subparagraph (D) of section 6103(l)(13) of the
Internal Revenue Code of <<NOTE: 26 USC 6103.>> 1986 (relating to
termination) is amended by striking ``September 30, 2003'' and inserting
``December 31, 2004''.
(b) Effective Date.--The <<NOTE: Applicability. 26 USC 6103
note.>> amendment made by subsection (a) shall apply to requests made
after September 30, 2003.
SEC. 202. EXTENSION OF INTERNAL REVENUE SERVICE USER FEES.
(a) In General.--Chapter 77 of the Internal Revenue Code of 1986
(relating to miscellaneous provisions) is amended by adding at the end
the following new section:
``SEC. 7528. INTERNAL <<NOTE: 26 USC 7528.>> REVENUE SERVICE USER FEES.
``(a) General Rule.--The Secretary shall establish a program
requiring the payment of user fees for--
``(1) requests to the Internal Revenue Service for ruling
letters, opinion letters, and determination letters, and
``(2) other similar requests.
``(b) Program Criteria.--
``(1) In general.--The fees charged under the program
required by subsection (a)--
``(A) shall vary according to categories (or
subcategories) established by the Secretary,
``(B) shall be determined after taking into account
the average time for (and difficulty of) complying with
requests in each category (and subcategory), and
``(C) shall be payable in advance.
``(2) Exemptions, etc.--
``(A) In general.--The Secretary shall provide for
such exemptions (and reduced fees) under such program as
the Secretary determines to be appropriate.
``(B) Exemption for certain requests regarding
pension plans.--The Secretary shall not require payment
of user fees under such program for requests for
determination letters with respect to the qualified
status of a pension benefit plan maintained solely by 1
or more eligible employers or any trust which is part of
the plan. The preceding sentence shall not apply to any
request--
``(i) made after the later of--
[[Page 117 STAT. 1133]]
``(I) the fifth plan year the
pension benefit plan is in existence, or
``(II) the end of any remedial
amendment period with respect to the
plan beginning within the first 5 plan
years, or
``(ii) made by the sponsor of any prototype or
similar plan which the sponsor intends to market
to participating employers.
``(C) Definitions and special rules.--For purposes
of subparagraph (B)--
``(i) Pension benefit plan.--The term `pension
benefit plan' means a pension, profit-sharing,
stock bonus, annuity, or employee stock ownership
plan.
``(ii) Eligible employer.--The term `eligible
employer' means an eligible employer (as defined
in section 408(p)(2)(C)(i)(I)) which has at least
1 employee who is not a highly compensated
employee (as defined in section 414(q)) and is
participating in the plan. The determination of
whether an employer is an eligible employer under
subparagraph (B) shall be made as of the date of
the request described in such subparagraph.
``(iii) Determination of average fees
charged.--For purposes of any determination of
average fees charged, any request to which
subparagraph (B) applies shall not be taken into
account.
``(3) Average fee requirement.--The average fee charged
under the program required by subsection (a) shall not be less
than the amount determined under the following table:
Average...................................
``Category Fee.......................................
Employee plan ruling and opinion $250
Exempt organization ruling $350
Employee plan determination $300
Exempt organization determination $275
Chief counsel ruling $200.
``(c) Termination.--No fee shall be imposed under this section with
respect to requests made after December 31, 2004.''.
(b) Conforming Amendments.--
(1) The table of sections for chapter 77 of such Code is
amended by adding at the end the following new item:
``Sec. 7528. Internal Revenue Service user fees.''.
(2) <<NOTE: 26 USC 7801 note.>> Section 10511 of the Revenue
Act of 1987 is repealed.
(3) Section 620 of the Economic Growth and Tax Relief
Reconciliation Act of 2001 <<NOTE: 26 USC 7801 note.>> is
repealed.
(c) Limitations.--Notwithstanding <<NOTE: 26 USC 7528 note.>> any
other provision of law, any fees collected pursuant to section 7528 of
the Internal Revenue Code of 1986, as added by subsection (a), shall not
be expended by the Internal Revenue Service unless provided by an
appropriations Act.
(d) Effective Date.--The <<NOTE: Applicability. 26 USC 7528
note.>> amendments made by this section shall apply to requests made
after the date of the enactment of this Act.
[[Page 117 STAT. 1134]]
TITLE III--TRADE PROVISIONS
SEC. 301. EXTENSION OF COBRA FEES.
Section 13031(j)(3) of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)) is amended by striking
``September 30, 2003'' and inserting ``March 31, 2004''.
TITLE IV--MEDICARE COST-SHARING PROVISIONS
SEC. 401. EXTENSION OF MEDICARE COST-SHARING FOR CERTAIN QUALIFYING
INDIVIDUALS.
(a) Extension of Sunset.--Section 1902(a)(10)(E)(iv) of the Social
Security Act (42 U.S.C. 1396a(a)(10)(E)(iv)) is amended--
(1) by striking subclause (II);
(2) beginning in the matter preceding subclause (I), by
striking ``ending with December 2002'' and all that follows
through ``for medicare cost-sharing described'' in subclause (I)
and inserting ``ending with March 2004) for medicare cost-
sharing described''; and
(3) by striking ``, and'' at the end and inserting a
semicolon.
(b) Total Amount Available for Allocation.--Section 1933(c) of the
Social Security Act (42 U.S.C. 1396u-3(c)) is amended--
(1) in paragraph (1)(E), by striking ``fiscal year 2002''
and inserting ``each of fiscal years 2002 and 2003''; and
(2) in paragraph (2)(A), by striking ``the sum of'' and all
that follows through ``1902(a)(10)(E)(iv)(II) in the State; to''
and inserting ``the total number of individuals described in
section 1902(a)(10)(E)(iv) in the State; to''.
(c) Special Rule for First Quarter of 2004.--Section 1933 of the
Social Security Act (42 U.S.C. 1396u-3) is amended by adding at the end
the following:
``(g) Special Rule.--With respect to the period that begins on
January 1, 2004, and ends on March 31, 2004, a State shall select
qualifying individuals, and provide such individuals with assistance, in
accordance with the provisions of this section as in effect with respect
to calendar year 2003, except that for such purpose--
``(1) references in the preceding subsections of this
section to `fiscal year' and `calendar year' shall be deemed to
be references to such period; and
``(2) the total allocation amount under subsection (c) for
such period shall be $100,000,000.''.
SEC. 402. EXTENSION OF PROVISION EQUALIZING URBAN AND RURAL STANDARDIZED
MEDICARE INPATIENT HOSPITAL PAYMENTS.
(a) In General.--Paragraphs (1) and (2) of section 402(b) of the
Miscellaneous Appropriations Act, 2003 (Public Law 108-7; 117 Stat. 548)
are each amended by striking ``September 30, 2003'' and inserting
``March 31, 2004''.
(b) Effective Date.--
[[Page 117 STAT. 1135]]
(1) In general.--Subject to paragraph (2), the amendments
made by subsection (a) shall take effect as if included in the
enactment of the Miscellaneous Appropriations Act, 2003.
(2) Authority to delay implementation.--
(A) In general.--If the Secretary of Health and
Human Services (in this subsection referred to as the
``Secretary'') determines that it is not
administratively feasible to implement the amendments
made by subsection (a), notwithstanding such amendments
and in order to comply with Congressional intent, the
Secretary may delay the implementation of such
amendments until such time as the Secretary determines
to be appropriate, but in no case later than November 1,
2003.
(B) Temporary adjustment for remainder of fiscal
year 2004 to effect full rate change.--If the Secretary
delays implementation of the amendments made by
subsection (a) under subparagraph (A), the Secretary
shall make such adjustment to the amount of payments
affected by such delay, for the portion of fiscal year
2004 after the date of the delayed implementation, in
such manner as the Secretary estimates will ensure that
the total payments for inpatient hospital services so
affected with respect to such fiscal year is the same as
would have been made if this paragraph had not been
enacted.
(C) No effect on payments for subsequent payment
periods.--The application of subparagraphs (A) and (B)
shall not affect payment rates and shall not be taken
into account in calculating payment amounts for services
furnished for periods after September 30, 2004.
(D) Administration of provisions.--
(i) No rulemaking or notice required.--The
Secretary may carry out the authority under this
paragraph by program memorandum or otherwise and
is not required to prescribe regulations or to
provide notice in the Federal Register in order to
carry out such authority.
(ii) Limitation on review.--There shall be no
administrative or judicial review under section
1869 or 1878 of the Social Security Act (42 U.S.C.
1395ff and 1395oo), or otherwise of any delay or
determination made by the Secretary under this
paragraph or the
[[Page 117 STAT. 1136]]
application of the payment rates determined under
this paragraph.
Approved October 1, 2003.
LEGISLATIVE HISTORY--H.R. 3146:
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CONGRESSIONAL RECORD, Vol. 149 (2003):
Sept. 24, considered and passed House.
Sept. 30, considered and passed Senate, amended. House
concurred in Senate amendment.
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