Pub. L. 105-78, tit. V, sec. 516

Sec. 516. (a) Fees for Federal Administration of State Supplementary SSI Payments.— (1) Optional state supplementary payments.— (A) In general.—Section 1616(d)(2)(B) of the Social Security Act (42 U.S.C. 1382e(d)(2)(B)) is amended— (i) by striking “and” at the end of clause (iii); and (ii) by striking clause (iv) and inserting the following: “(iv) for fiscal year 1997, $5.00; “(v) for fiscal year 1998, $6.20; “(vi) for fiscal year 1999, $7.60; “(vii) for fiscal year 2000, $7.80; “(viii) for fiscal year 2001, $8.10; “(ix) for fiscal year 2002, $8.50; and “(x) for fiscal year 2003 and each succeeding fiscal year—111 STAT. 1518 “(I) the applicable rate in the preceding fiscal year, increased by the percentage, if any, by which the Consumer Price Index for the month of June of the calendar year of the increase exceeds the Consumer Price Index for the month of June of the calendar year preceding the calendar year of the increase, and rounded to the nearest whole cent; or “(II) such different rate as the Commissioner determines is appropriate for the State.”. (B) Conforming amendment.—Section 1616(d)(2)(C) of such Act (42 U.S.C. 1382e(d)(2)(C)) is amended by striking “(B)(iv)” and inserting “(B)(x)(II)”. (2) Mandatory state supplementary payments.— (A) In general.—Section 212(b)(3)(B)(ii) of Public Law 93–66 (42 U.S.C. 1382 note) is amended— (i) by striking “and” at the end of subclause (III); and (ii) by striking subclause (IV) and inserting the following: “(IV) for fiscal year 1997, $5.00; “(V) for fiscal year 1998, $6.20; “(VI) for fiscal year 1999, $7.60; “(VII) for fiscal year 2000, $7.80; “(VIII) for fiscal year 2001, $8.10; “(IX) for fiscal year 2002, $8.50; and “(X) for fiscal year 2003 and each succeeding fiscal year— “(aa) the applicable rate in the preceding fiscal year, increased by the percentage, if any, by which the Consumer Price Index for the month of June of the calendar year of the increase exceeds the Consumer Price Index for the month of June of the calendar year preceding the calendar year of the increase, and rounded to the nearest whole cent; or “(bb) such different rate as the Commissioner determines is appropriate for the State.”. (B) Conforming amendment.—Section 212(b)(3)(B)(iii) of such Act (42 U.S.C. 1382 note) is amended by striking “(ii)(IV)” and inserting “(ii)(X)(bb)”. (b) Use of New Fees To Defray the Social Security Administration’s Administrative Expenses.— (1) Credit to special fund for fiscal year 1998 and subsequent years.— (A) Optional state supplementary payment fees.—Section 1616(d)(4) of the Social Security Act (42 U.S.C. 1382e(d)(4)) is amended to read as follows: “(4)(A) The first $5 of each administration fee assessed pursuant to paragraph (2), upon collection, shall be deposited in the general fund of the Treasury of the United States as miscellaneous receipts. “(B) That portion of each administration fee in excess of $5, and 100 percent of each additional services fee charged pursuant to paragraph (3), upon collection for fiscal year 1998 and each subsequent fiscal year, shall be credited to a special fund established in the Treasury of the United States for State supplementary payment fees. The amounts so credited, to the extent and in the amounts provided in advance in appropriations Acts, shall be available to defray expenses incurred in carrying out this title and related laws.”.111 STAT. 1519 (B) Mandatory state supplementary payment fees.—Section 212(b)(3)(D) of Public Law 93–66 (42 U.S.C. 1382 note) is amended to read as follows: “(D)(i) The first $5 of each administration fee assessed pursuant to subparagraph (B), upon collection, shall be deposited in the general fund of the Treasury of the United States as miscellaneous receipts. “(ii) The portion of each administration fee in excess of $5, and 100 percent of each additional services fee charged pursuant to subparagraph (C), upon collection for fiscal year 1998 and each subsequent fiscal year, shall be credited to a special fund established in the Treasury of the United States for State supplementary payment fees. The amounts so credited, to the extent and in the amounts provided in advance in appropriations Acts, shall be available to defray expenses incurred in carrying out this section and title XVI of the Social Security Act and related laws.”. (2) Limitations on authorization of appropriations.—From amounts credited pursuant to section 1616(d)(4)(B) of the Social Security Act and section 212(b)(3)(D)(ii) of Public Law 93–66 to the special fund established in the Treasury of the United States for State supplementary payment fees, there is authorized to be appropriated an amount not to exceed $35,000,000 for fiscal year 1998, and such sums as may be necessary for each fiscal year thereafter, for administrative expenses in carrying out the supplemental security income program under title XVI of the Social Security Act and related laws.