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 costsharing 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 PAY MENTS. (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.— (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 139500), or otherwise of any delay or determination made by the Secretary under this paragraph or the application of the payment rates determined under this paragraph. Approved October 1, 2003. LEGISLATIVE HISTORY-H.R. 3146: CONGRESSIONAL RECORD, Vol. 149 (2003): Sept. 30, considered and passed Senate, amended. House concurred in Senate Public Law 108-90 108th Congress An Act Making appropriations for the Department of Homeland Security for the fiscal year ending September 30, 2004, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Homeland Security for the fiscal year ending September 30, 2004, and for other purposes, namely: TITLE I-DEPARTMENTAL MANAGEMENT AND OPERATIONS OFFICE OF THE SECRETARY AND EXECUTIVE MANAGEMENT For necessary expenses of the Office of the Secretary of Homeland Security, as authorized by section 102 of the Homeland Security Act of 2002 (6 U.S.C. 112), and executive management of the Department of Homeland Security, as authorized by law, $80,794,000: Provided, That not to exceed $40,000 shall be for allocation within the Department for official reception and representation expenses as the Secretary may determine. OFFICE OF THE UNDER SECRETARY FOR MANAGEMENT For necessary expenses of the Office of the Under Secretary for Management and Administration, as authorized by sections 701-705 of the Homeland Security Act of 2002 (6 U.S.C. 341345), $130,983,000: Provided, That of the total amount provided, $20,000,000 shall remain available until expended solely for the alteration and improvement of facilities and for relocation costs necessary for the interim housing of the Department's headquarters' operations and organizations collocated therewith. DEPARTMENT-WIDE TECHNOLOGY INVESTMENTS For development and acquisition of information technology equipment, software, services, and related activities for the Department of Homeland Security, and for the costs of conversion to narrowband communications, including the cost for operation of the land mobile radio legacy systems, $185,000,000, to remain available until expended: Provided, That none of the funds appropriated shall be used to support or supplement the appropriations provided for the United States Visitor and Immigrant Status Indicator Technology project or the Automated Commercial Environment. Oct. 1, 2003 [H.R. 2555] Department of OFFICE OF INSPECTOR GENERAL For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.Č. App.), $58,664,000, of which not to exceed $100,000 may be used for certain confidential operational expenses, including the payment of informants, to be expended at the direction of the Inspector General. For necessary expenses of the Office of the Under Secretary for Border and Transportation Security, as authorized by subtitle A, title IV, of the Homeland Security Act of 2002 (6 U.S.C. 201 et seq.), $8,106,000. UNITED STATES VISITOR AND IMMIGRANT STATUS INDICATOR TECHNOLOGY For necessary expenses for the development of the United States Visitor and Immigrant Status Indicator Technology project, as authorized by section 110 of the Illegal Immigration Reform and Immigration Responsibility Act of 1996 (8 U.S.C. 1221 note), $330,000,000, to remain available until expended: Provided, That none of the funds appropriated under this heading may be obligated for the United States Visitor and Immigrant Status Indicator Technology project until the Committees on Appropriations of the Senate and the House of Representatives receive and approve a plan for expenditure prepared by the Secretary of Homeland Security that: (1) meets the capital planning and investment control_review requirements established by the Office of Management and Budget, including Circular A-11, part 3; (2) complies with the Department of Homeland Security enterprise information systems architecture; (3) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the Federal Government; (4) is reviewed and approved by the Department of Homeland Security and the Office of Management and Budget; and (5) is reviewed by the General Accounting Office. CUSTOMS AND BORDER PROTECTION SALARIES AND EXPENSES For necessary expenses for enforcement of laws relating to border security, immigration, customs, and agricultural inspections and regulatory activities related to plant and animal imports; acquisition, lease, maintenance and operation of aircraft; purchase and lease of up to 4,500 (3,935 for replacement only) police-type vehicles; and contracting with individuals for personal services abroad; $4,396,350,000; of which $3,000,000 shall be derived from the Harbor Maintenance Trust Fund for administrative expenses related to the collection of the Harbor Maintenance Fee pursuant to Public Law 103-182 and notwithstanding section 1511(e)(1) of |