[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2671 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2671
To extend temporary State fiscal relief, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 15, 2004
Mr. Rockefeller (for himself and Mr. Smith) introduced the following
bill; which was read twice and referred to the Committee on Finance
_______________________________________________________________________
A BILL
To extend temporary State fiscal relief, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``State Fiscal Relief Act of 2004''.
SEC. 2. EXTENSION OF TEMPORARY STATE FISCAL RELIEF.
(a) Extension of Temporary Freeze of Medicaid FMAP for Certain
States.--Section 401(a) of the Jobs and Growth Tax Relief
Reconciliation Act of 2003 (42 U.S.C. 1396d note) is amended--
(1) in the subsection heading, by striking
``$10,000,000,000 for a'';
(2) in paragraph (2)--
(A) in the paragraph heading, by striking ``first 3
quarters of''; and
(B) by striking ``the first, second, and third
calendar quarters'' and inserting ``each calendar
quarter'';
(3) by redesignating paragraphs (3) through (9) as
paragraphs (4) through (10), respectively; and
(4) by inserting after paragraph (2), the following:
``(3) Permitting maintenance of fiscal year 2004 fmap for
fiscal year 2005.--Subject to paragraph (6), if the FMAP
determined without regard to this subsection for a State for
fiscal year 2005 is less than the FMAP as so determined for
fiscal year 2004, the FMAP for the State for fiscal year 2004
shall be substituted for the State's FMAP for each calendar
quarter of fiscal year 2005, before the application of this
subsection.''.
(b) Temporary Increase in Medicaid FMAP for All States.--Section
401(a) of the Jobs and Growth Tax Relief Reconciliation Act of 2003 (42
U.S.C. 1396d note), as amended by subsection (a), is amended by
striking paragraphs (4) and (5) (as redesignated by subsection (a)(3))
and inserting the following:
``(4) Temporary increase in medicaid fmap.--
``(A) General 2.95 percentage points increase for
last 2 calendar quarters of fiscal year 2003 and first
3 calendar quarters of fiscal year 2004.--Subject to
paragraphs (6), (7), and (8), for each State for the
third and fourth calendar quarters of fiscal year 2003
and for the first, second, and third calendar quarters
of fiscal year 2004, the FMAP (taking into account the
application of paragraphs (1), (2), and (3)) shall be
increased by 2.95 percentage points.
``(B) General 1.26 percentage points increase for
last calendar quarter of fiscal year 2004 and each
calendar quarter of fiscal year 2005.--Subject to
paragraphs (6), (7), and (8), for each State for the
fourth calendar quarter of fiscal year 2004 and each
calendar quarter of fiscal year 2005, the FMAP (taking
into account the application of paragraphs (1), (2),
and (3) but without regard to the application of
subparagraph (A)) shall be increased by 1.26 percentage
points.
``(5) Increase in cap on medicaid payments to
territories.--
``(A) Last 2 calendar quarters of fiscal year 2003
and first 3 calendar quarters of fiscal year 2004.--
Subject to paragraphs (7) and (8), with respect to the
third and fourth calendar quarters of fiscal year 2003
and the first, second, and third calendar quarters of
fiscal year 2004, the amounts otherwise determined for
Puerto Rico, the Virgin Islands, Guam, the Northern
Mariana Islands, and American Samoa under subsections
(f) and (g) of section 1108 of the Social Security Act (42 U.S.C. 1308)
shall each be increased by an amount equal to 5.90 percent of such
amounts.
``(B) Last calendar quarter of fiscal year 2004 and
each calendar quarter of fiscal year 2005.--Subject to
paragraphs (7) and (8), with respect to the fourth
calendar quarter of fiscal year 2004 and each calendar
quarter of fiscal year 2005, the amounts otherwise
determined for Puerto Rico, the Virgin Islands, Guam,
the Northern Mariana Islands, and American Samoa under
subsections (f) and (g) of section 1108 of the Social
Security Act (42 U.S.C. 1308) shall each be increased
by an amount equal to 2.52 percent of such amounts.''.
(c) Conforming Amendments.--Section 401(a) of the Jobs and Growth
Tax Relief Reconciliation Act of 2003 (42 U.S.C. 1396d note), as
amended by subsections (a) and (b), is amended--
(1) in paragraph (1), by striking ``paragraph (5)'' and
inserting ``paragraph (6)'';
(2) in paragraph (2), by striking ``paragraph (5)'' and
inserting ``paragraph (6)'';
(3) in paragraph (7) (as redesignated by subsection
(a)(3))--
(A) by striking ``paragraph (4)'' each place it
appears and inserting ``paragraph (5)''; and
(B) by striking ``paragraph (3)'' each place it
appears and inserting ``paragraph (4)'';
(4) in paragraph (8) (as so redesignated), by striking
``the first, second and third calendar quarters of fiscal year
2004'' and inserting ``each calendar quarter of fiscal year
2004 and fiscal year 2005''; and
(5) in paragraph (10) (as so redesignated), by striking
``October 1, 2004'' and inserting ``January 1, 2005''.
SEC. 3. TRANSITIONAL FUND TO IMPLEMENT THE MEDICARE PRESCRIPTION DRUG,
IMPROVEMENT, AND MODERNIZATION ACT OF 2003.
Section 1931(h) of the Social Security Act (42 U.S.C. 1396u-1(h))
is amended--
(1) in paragraph (1)--
(A) by striking ``described in paragraph (2)'' and
inserting ``described in--
``(A) paragraph (2)(A)'';
(B) by striking the period and inserting ``; and'';
and
(C) by adding at the end the following:
``(B) paragraph (2)(B) the per centum specified in
section 1903(a)(7) shall be increased to such
percentage as the Secretary specifies, except that the
percentage shall not be less than the percentage
applied by the Secretary to the payments made for
administrative expenditures described in subparagraph
(A) before the date of enactment of this
subparagraph.'';
(2) in paragraph (2), by striking ``that (but for the
enactment of this section) would not be incurred.'' and
inserting ``that--
``(A) but for the enactment of this section would
not be incurred; or
``(B) but for the enactment of the Medicare,
Prescription Drug, Improvement, and Modernization Act
of 2003 and the amendments made by that Act would not
be incurred.''; and
(3) by striking paragraph (3) and inserting the following:
``(3) Limitations.--
``(A) Welfare reform attributable expenditures.--
The total amount of additional Federal funds that are
expended as a result of the application of this
subsection with respect to administrative expenditures
described in paragraph (2)(A) for the period beginning
with fiscal year 1997 shall not exceed $500,000,000. In
applying this subparagraph, the Secretary shall ensure
the equitable distribution of additional funds among
the States.
``(B) MMA attributable expenditures.--The total
amount of additional Federal funds that are expended as
a result of the application of this subsection with
respect to administrative expenditures described in
paragraph (2)(B) for the period beginning on October 1,
2004, and ending on the later of April 1, 2006, or the
end of the first fiscal year quarter that begins on or
after the date on which benefits are first provided
under the voluntary prescription drug benefit program
under part D of title XVIII (other than under the
program under subpart 4 of part D of title XVIII),
shall not exceed $1,200,000,000. In applying this
subparagraph, the Secretary shall ensure the equitable
distribution of additional funds among the States,
taking into account the following:
``(i) The percentage of individuals who
reside in a State who are eligible for medicare
cost-sharing under clause (i), (iii), or (iv)
of section 1902(a)(10)(E).
``(ii) The number of full-benefit dual
eligible individuals (as defined in section
1935(c)(6)) who reside in a State.''.
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