Pub. L. 103-66, tit. XIII, ch. 2, subch. C, pt. III, sec. 13731
FEES FOR FEDERAL ADMINISTRATION OF STATE SUPPLEMENTARY PAYMENTS.
SEC. 13731. FEES FOR FEDERAL ADMINISTRATION OF STATE SUPPLEMENTARY PAYMENTS. (a) In General.— (1) Optional state supplementary payments.— Section 1616(d) (42 U.S.C. 1382e(d)) is amended— (A) by inserting “(1)” after “(d)”; (B) by inserting “, plus an administration fee assessed in accordance with paragraph (2) and any additional services fee charged in accordance with paragraph (3)” before the period; and (C) by adding after and below the end the following: “(2) (A) The Secretary shall assess each State an administration fee in an amount equal to— “(i) the number of supplementary payments made by the Secretary on behalf of the State under this section for any month in a fiscal year; multiplied by “(ii) the applicable rate for the fiscal year. “(B) As used in subparagraph (A), the term ‘applicable rate’ means— “(i) for fiscal year 1994, $1.67; “(ii) for fiscal year 1995, $3.33; “(iii) for fiscal year 1996, $5.00; and “(iv) for fiscal year 1997 and each succeeding fiscal year, $5.00, or such different rate as the Secretary determines is appropriate for the State. “(C) Upon making a determination under subparagraph (B)(iv), the Secretary shall promulgate the determination in regulations, which may take into account the complexity of administering the State’s supplementary payment program. “(D) All fees assessed pursuant to this paragraph shall be transferred to the Secretary at the same time that amounts for such supplementary payments are required to be so transferred. “(3) (A) The Secretary may charge a State an additional services fee if, at the request of the State, the Secretary provides additional services beyond the level customarily provided, in the administration of State supplementary payments pursuant to this section. 107 STAT. 661 “(B) The additional services fee shall be in an amount that the Secretary determines is necessary to cover all costs (including indirect costs) incurred by the Federal Government in furnishing the additional services referred to in subparagraph (A). “(4) All administration fees and additional services fees collected pursuant to this subsection shall be deposited in the general fund of the Treasury of the United States as miscellaneous receipts.”. (2) Mandatory state supplementary payments.— Section 212(b)(3) of Public Law 93–66 (42 U.S.C. 1382 note) is amended— (A) by inserting “(A)” after “(3)”; (B) by inserting plus an administration fee assessed in accordance with subparagraph (B) and any additional services fee charged in accordance with subparagraph (C)” before the period; and (C) by adding after and below the end the following: “(B) (i) The Secretary shall assess each State an administration fee in an amount equal to— “(I) the number of supplementary payments made by the Secretary on behalf of the State under this subsection for any month in a fiscal year; multiplied by “(II) the applicable rate for the fiscal year. “(ii) As used in clause (i), the term ‘applicable rate’ means— “(I) for fiscal year 1994, $1.67; “(II) for fiscal year 1995, $3.33; “(III) for fiscal year 1996, $5.00; and “(IV) for fiscal year 1997 and each succeeding fiscal year, $5.00, or such different rate as the Secretary determines is appropriate for the State, taking into account the complexity of administering the State’s supplementary payment program, “(iii) Upon making a determination under clause (ii)(IV), the Secretary shall promulgate the determination in regulations, which may take into account the complexity of administering the State’s supplementary payment program. “(iv) All fees assessed pursuant to this subparagraph shall be transferred to the Secretary at the same time that amounts for such supplementary payments are required to be so transferred. “(C) (i) The Secretary may charge a State an additional services fee if, at the request of the State, the Secretary provides additional services beyond the level customarily provided, in the administration of State supplementary payments pursuant to this subsection. “(ii) The additional services fee shall be in an amount that the Secretary determines is necessary to cover all costs (including indirect costs) incurred by the Federal Government in furnishing the additional services referred to in clause (i). “(D) All administration fees and additional services fees collected pursuant to this paragraph shall be deposited in the general fund of the Treasury of the United States as miscellaneous receipts.”. (b) Effective Date.— The amendments made by this section shall apply to supplementary payments made pursuant to section 1616(a) of the Social Security Act or section 212(a) of Public Law 93–66 for any calendar month beginning after September 30, 1993, and to services furnished after such date, regardless of whether regulations to implement such amendments have been promulgated by such date, or whether any agreement entered into under such section 1616(a) or such section 212(a) has been modified.