42 U.S.C. § 1382e — Supplementary assistance by State or

Page 2841 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1382e the date of the enactment of this Act [Nov. 5, 1990] and shall apply to claims for reimbursement pending on or after such date.’’ EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–460 applicable with respect to individuals who receive benefits as a result of sec- tion 425(b) or section 1383(a)(6) of this title, or who refuse to continue to accept rehabilitation services or fail to cooperate in an approved vocational rehabilita- tion program, in or after November 1984, see section 11(c) of Pub. L. 98–460, set out as a note under section 422 of this title. Amendment by Pub. L. 98–369 effective July 18, 1984, but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see section 2664(b) of Pub. L. 98–369, set out as a note under section 401 of this title. EFFECTIVE AND TERMINATION DATES OF 1981 AMENDMENT Pub. L. 97–35, title XXI, § 2193(a)(4)(B), Aug. 13, 1981, 95 Stat. 827, provided that the amendment made by that section is effective for fiscal year 1982. For effective date, savings, and transitional provi- sions relating to amendments by section 2193(a)(4)(A) and (c)(8) of Pub. L. 97–35, see section 2194 of Pub. L. 97–35, set out as a note under section 701 of this title. Pub. L. 97–35, title XXIII, § 2344, Aug. 13, 1981, 95 Stat. 867, provided that the amendment made by that section is effective Oct. 1, 1981. EFFECTIVE DATE Pub. L. 92–603, title III, § 301, Oct. 30, 1972, 86 Stat. 1465, provided that this section is effective Jan. 1, 1974. PUBLICATION OF CRITERIA Pub. L. 94–566, title V, § 501(b), Oct. 20, 1976, 90 Stat. 2685, directed Secretary, within 120 days after Oct. 20, 1976, to publish criteria to be employed to determine disability (as defined in subsec. (a)(3) of this section) in the case of persons who have not attained the age of 18. APPLICATION TO NORTHERN MARIANA ISLANDS For applicability of this section to the Northern Mar- iana Islands, see section 502(a)(1) of the Covenant to Es- tablish a Commonwealth of the Northern Mariana Is- lands in Political Union with the United States of America and Proc. No. 4534, Oct. 24, 1977, 42 F.R. 6593, set out as notes under section 1801 of Title 48, Terri- tories and Insular Possessions. PUERTO RICO, GUAM, AND VIRGIN ISLANDS Enactment of provisions of Pub. L. 92–603, eff. Jan. 1, 1974, not applicable to Puerto Rico, Guam, and the Vir- gin Islands, see section 303(b) of Pub. L. 92–603, set out as a note under section 301 of this title. § 1382e. Supplementary assistance by State or subdivision to needy individuals (a) Exclusion of cash payments in determination of income of individuals for purposes of eligi- bility for benefits; agreement by Commis- sioner and State for Commissioner to make supplementary payments on behalf of State or subdivision Any cash payments which are made by a State (or political subdivision thereof) on a regular basis to individuals who are receiving benefits under this subchapter or who would but for their income be eligible to receive benefits under this subchapter, as assistance based on need in sup- plementation of such benefits (as determined by the Commissioner of Social Security), shall be excluded under section 1382a(b)(6) of this title in determining the income of such individuals for purposes of this subchapter and the Commis- sioner of Social Security and such State may enter into an agreement which satisfies sub- section (b) under which the Commissioner of So- cial Security will, on behalf of such State (or subdivision) make such supplementary pay- ments to all such individuals. (b) Agreement between Commissioner and State; contents Any agreement between the Commissioner of Social Security and a State entered into under subsection (a) shall provide— (1) that such payments will be made (subject to subsection (c)) to all individuals residing in such State (or subdivision) who are receiving benefits under this subchapter, and (2) such other rules with respect to eligi- bility for or amount of the supplementary payments, and such procedural or other gen- eral administrative provisions, as the Commis- sioner of Social Security finds necessary (sub- ject to subsection (c)) to achieve efficient and effective administration of both the program which the Commissioner conducts under this subchapter and the optional State supplemen- tation. At the option of the State (but subject to para- graph (2) of this subsection), the agreement be- tween the Commissioner of Social Security and such State entered into under subsection (a) shall be modified to provide that the Commis- sioner of Social Security will make supple- mentary payments, on and after an effective date to be specified in the agreement as so modi- fied, to individuals receiving benefits deter- mined under section 1382(e)(1)(B) of this title. (c) Residence requirement by State or subdivi- sion for supplementary payments; dis- regarding amounts of certain income by State or subdivision in determining eligi- bility for supplementary payments (1) Any State (or political subdivision) making supplementary payments described in sub- section (a) may at its option impose as a condi- tion of eligibility for such payments, and in- clude in the State’s agreement with the Com- missioner of Social Security under such sub- section, a residence requirement which excludes individuals who have resided in the State (or po- litical subdivision) for less than a minimum pe- riod prior to application for such payments. (2) Any State (or political subdivision), in de- termining the eligibility of any individual for supplementary payments described in sub- section (a), may disregard amounts of earned and unearned income in addition to other amounts which it is required or permitted to disregard under this section in determining such eligibility, and shall include a provision speci- fying the amount of any such income that will be disregarded, if any. (3) Any State (or political subdivision) making supplementary payments described in sub- section (a) shall have the option of making such payments to individuals who receive benefits under this subchapter under the provisions of section 1382h of this title, or who would be eligi- ble to receive such benefits but for their income. Page 2842 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1382e (d) Payment to Commissioner by State of amount equal to expenditures by Commissioner as supplementary payments; time and manner of payment by State; fees for Federal admin- istration of State supplementary payments (1) Any State which has entered into an agree- ment with the Commissioner of Social Security under this section which provides that the Com- missioner of Social Security will, on behalf of the State (or political subdivision), make the supplementary payments to individuals who are receiving benefits under this subchapter (or who would but for their income be eligible to receive such benefits), shall, in accordance with para- graph (5), pay to the Commissioner of Social Se- curity an amount equal to the expenditures made by the Commissioner of Social Security as such supplementary payments, plus an adminis- tration fee assessed in accordance with para- graph (2) and any additional services fee charged in accordance with paragraph (3). (2)(A) The Commissioner of Social Security shall assess each State an administration fee in an amount equal to— (i) the number of supplementary payments made by the Commissioner of Social Security 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 ‘‘ap- plicable rate’’ means— (i) for fiscal year 1994, $1.67; (ii) for fiscal year 1995, $3.33; (iii) for fiscal year 1996, $5.00; (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— (I) the applicable rate in the preceding fis- cal year, increased by the percentage, if any, by which the Consumer Price Index for the month of June of the calendar year of the in- crease exceeds the Consumer Price Index for the month of June of the calendar year pre- ceding the calendar year of the increase, and rounded to the nearest whole cent; or (II) such different rate as the Commis- sioner determines is appropriate for the State. (C) Upon making a determination under sub- paragraph (B)(x)(II), the Commissioner of Social Security shall promulgate the determination in regulations, which may take into account the complexity of administering the State’s supple- mentary payment program. (D) All fees assessed pursuant to this para- graph shall be transferred to the Commissioner of Social Security at the same time that amounts for such supplementary payments are required to be so transferred. (3)(A) The Commissioner of Social Security may charge a State an additional services fee if, at the request of the State, the Commissioner of Social Security provides additional services be- yond the level customarily provided, in the ad- ministration of State supplementary payments pursuant to this section. (B) The additional services fee shall be in an amount that the Commissioner of Social Secu- rity determines is necessary to cover all costs (including indirect costs) incurred by the Fed- eral Government in furnishing the additional services referred to in subparagraph (A). (4)(A) The first $5 of each administration fee assessed pursuant to paragraph (2), upon collec- tion, shall be deposited in the general fund of the Treasury of the United States as miscella- neous 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 sub- sequent 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 appropria- tions Acts, shall be available to defray expenses incurred in carrying out this subchapter and re- lated laws. (5)(A)(i) Any State which has entered into an agreement with the Commissioner of Social Se- curity under this section shall remit the pay- ments and fees required under this subsection with respect to monthly benefits paid to individ- uals under this subchapter no later than— (I) the business day preceding the date that the Commissioner pays such monthly benefits; or (II) with respect to such monthly benefits paid for the month that is the last month of the State’s fiscal year, the fifth business day following such date. (ii) The Commissioner may charge States a penalty in an amount equal to 5 percent of the payment and the fees due if the remittance is re- ceived after the date required by clause (i). (B) The Cash Management Improvement Act of 1990 shall not apply to any payments or fees required under this subsection that are paid by a State before the date required by subpara- graph (A)(i). (C) Notwithstanding subparagraph (A)(i), the Commissioner may make supplementary pay- ments on behalf of a State with funds appro- priated for payment of benefits under this sub- chapter, and subsequently to be reimbursed for such payments by the State at such times as the Commissioner and State may agree. Such au- thority may be exercised only if extraordinary circumstances affecting a State’s ability to make payment when required by subparagraph (A)(i) are determined by the Commissioner to exist. (e) State standards; establishment; annual public review; annual certification; payments to in- dividuals (1) Each State shall establish or designate one or more State or local authorities which shall establish, maintain, and insure the enforcement of standards for any category of institutions, foster homes, or group living arrangements in which (as determined by the State) a significant number of recipients of supplemental security income benefits is residing or is likely to reside. Such standards shall be appropriate to the needs of such recipients and the character of the fa- Page 2843 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1382e cilities involved, and shall govern such matters as admission policies, safety, sanitation, and protection of civil rights. (2) Each State shall annually make available for public review a summary of the standards es- tablished pursuant to paragraph (1), and shall make available to any interested individual a copy of such standards, along with the proce- dures available in the State to insure the en- forcement of such standards and a list of any waivers of such standards and any violations of such standards which have come to the atten- tion of the authority responsible for their en- forcement. (3) Each State shall certify annually to the Commissioner of Social Security that it is in compliance with the requirements of this sub- section. (4) Payments made under this subchapter with respect to an individual shall be reduced by an amount equal to the amount of any supple- mentary payment (as described in subsection (a)) or other payment made by a State (or polit- ical subdivision thereof) which is made for or on account of any medical or any other type of re- medial care provided by an institution of the type described in paragraph (1) to such indi- vidual as a resident or an inpatient of such insti- tution if such institution is not approved as meeting the standards described in such para- graph by the appropriate State or local authori- ties. (Aug. 14, 1935, ch. 531, title XVI, § 1616, as added Pub. L. 92–603, title III, § 301, Oct. 30, 1972, 86 Stat. 1474; amended Pub. L. 93–233, § 14, Dec. 31, 1973, 87 Stat. 965; Pub. L. 94–566, title V, § 505(c), (d), Oct. 20, 1976, 90 Stat. 2687; Pub. L. 96–265, title II, § 201(b)(1), June 9, 1980, 94 Stat. 446; Pub. L. 97–35, title XXIII, § 2353(n), Aug. 13, 1981, 95 Stat. 873; Pub. L. 99–272, title XII, § 12201(b), Apr. 7, 1986, 100 Stat. 290; Pub. L. 103–66, title XIII, § 13731(a)(1), Aug. 10, 1993, 107 Stat. 660; Pub. L. 103–296, title I, § 107(a)(4), Aug. 15, 1994, 108 Stat. 1478; Pub. L. 105–33, title V, § 5102(a)(1), (b)(1)(A), Aug. 5, 1997, 111 Stat. 595, 596; Pub. L. 105–78, title V, § 516(a)(1), (b)(1)(A), Nov. 13, 1997, 111 Stat. 1517, 1518; Pub. L. 106–170, title IV, § 410(a)(1), Dec. 17, 1999, 113 Stat. 1916.) Editorial Notes REFERENCES IN TEXT The Cash Management Improvement Act of 1990, re- ferred to in subsec. (d)(5)(B), is Pub. L. 101–453, Oct. 24, 1990, 104 Stat. 1058. For complete classification of this Act to the Code, see Short Title of 1990 Amendment note set out under section 6501 of Title 31, Money and Finance, and Tables. AMENDMENTS 1999—Subsec. (d)(1). Pub. L. 106–170, § 410(a)(1)(A), sub- stituted ‘‘in accordance with paragraph (5)’’ for ‘‘at such times and in such installments as may be agreed upon between the Commissioner of Social Security and such State’’. Subsec. (d)(5). Pub. L. 106–170, § 410(a)(1)(B), added par. (5). 1997—Subsec. (d)(2)(B)(iii) to (x). Pub. L. 105–33, § 5102(a)(1)(A), and Pub. L. 105–78, § 516(a)(1)(A), amended subpar. (B) identically, striking out ‘‘and’’ at end of cl. (iii), adding cls. (iv) to (x) and striking out former cl. (iv) which read as follows: ‘‘for fiscal year 1997 and each succeeding fiscal year, $5.00, or such different rate as the Commissioner of Social Security determines is ap- propriate for the State.’’ Subsec. (d)(2)(C). Pub. L. 105–33, § 5102(a)(1)(B), and Pub. L. 105–78, § 516(a)(1)(B), amended subpar. (C) identi- cally, substituting ‘‘subparagraph (B)(x)(II)’’ for ‘‘sub- paragraph (B)(iv)’’. Subsec. (d)(4). Pub. L. 105–78, § 516(b)(1)(A), amended par. (4) generally. Prior to amendment, par. (4) read as follows: ‘‘(4)(A) The first $5 of each administration fee as- sessed 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 ex- cess 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 appropria- tions Acts, shall be available to defray expenses in- curred in carrying out this subchapter and related laws. The amounts so credited shall not be scored as re- ceipts under section 902 of title 2, and the amounts so credited shall be credited as a discretionary offset to discretionary spending to the extent that the amounts so credited are made available for expenditure in appro- priations Acts.’’ Pub. L. 105–33, § 5102(b)(1)(A), amended par. (4) gen- erally. Prior to amendment, par. (4) read as follows: ‘‘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.’’ 1994—Pub. L. 103–296 substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary’’ wherever appearing and ‘‘the Commissioner conducts’’ for ‘‘he conducts’’ in subsec. (b)(2). 1993—Subsec. (d). Pub. L. 103–66 designated existing provisions as par. (1), inserted before period at end ‘‘, plus an administration fee assessed in accordance with paragraph (2) and any additional services fee charged in accordance with paragraph (3)’’, and added pars. (2) to (4). 1986—Subsec. (b). Pub. L. 99–272 inserted provision at end relating to modification of the agreement at the option of the State to provide for supplementary pay- ments on and after an effective date specified in the agreement. 1981—Subsec. (e)(2). Pub. L. 97–35 struck out ‘‘, as a part of the services program planning procedures estab- lished pursuant to section 1397c of this title’’ after ‘‘available for public review’’. 1980—Subsec. (c)(3). Pub. L. 96–265 added par. (3). 1976—Subsec. (e). Pub. L. 94–566, § 505(d), added subsec. (e), effective Oct. 1, 1977. Pub. L. 94–566, § 505(c), re- pealed former subsec. (e) which provided for reduction of supplemental security income payments to individ- uals provided institutional medical or other remedial care, State financed under Federal grants for medical assistance, effective Oct. 1, 1976. See Effective Date of 1976 Amendment note below. 1973—Subsec. (e). Pub. L. 93–233 added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106–170, title IV, § 410(b), Dec. 17, 1999, 113 Stat. 1917, as amended by Pub. L. 106–554, § 1(a)(1) [title V, § 515], Dec. 21, 2000, 114 Stat. 2763, 2763A–72, provided that: ‘‘The amendments made by subsection (a) [amending this section and provisions set out as a note under section 1382 of this title] shall apply to payments and fees arising under an agreement between a State and the Commissioner of Social Security under section 1616 of the Social Security Act (42 U.S.C. 1382e) or under section 212 of Public Law 93-66 (42 U.S.C. 1382 note) with respect to monthly benefits paid to individuals under Page 2844 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1382e title XVI of the Social Security Act [42 U.S.C. 1381 et seq.] for months after September 2001 (October 2001 in the case of a State with a fiscal year that coincides with the Federal fiscal year), without regard to wheth- er the agreement has been modified to reflect such amendments or the Commissioner has promulgated regulations implementing such amendments.’’ EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–296 effective Mar. 31, 1995, see section 110(a) of Pub. L. 103–296, set out as a note under section 401 of this title. EFFECTIVE DATE OF 1993 AMENDMENT Pub. L. 103–66, title XIII, § 13731(b), Aug. 10, 1993, 107 Stat. 661, provided that: ‘‘The amendments made by this section [amending this section and provisions set out as a note under section 1382 of this title] shall apply to supplementary payments made pursuant to section 1616(a) of the Social Security Act [42 U.S.C. 1382e(a)] or section 212(a) of Public Law 93–66 [set out as a note under section 1382 of this title] for any calendar month beginning after September 30, 1993, and to serv- ices 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.’’ EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Oct. 1, 1981, ex- cept as otherwise explicitly provided, see section 2354 of Pub. L. 97–35, set out as an Effective Date note under section 1397 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–265 effective Jan. 1, 1981, see section 201(d) of Pub. L. 96–265, as amended, set out as an Effective Date note under section 1382h of this title. EFFECTIVE DATE OF 1976 AMENDMENT Amendment by section 505(c) of Pub. L. 94–566 effec- tive Oct. 1, 1976, see section 505(e) of Pub. L. 94–566, set out as a note under section 1382 of this title. Pub. L. 94–566, title V, § 505(d), Oct. 20, 1976, 90 Stat. 2687, provided that the amendment made by that sec- tion is effective Oct. 1, 1977. EFFECTIVE DATE Pub. L. 92–603, title III, § 301, Oct. 30, 1972, 86 Stat. 1465, provided that this section is effective Jan. 1, 1974. LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS Pub. L. 105–78, title V, § 516(b)(2), Nov. 13, 1997, 111 Stat. 1519, provided that: ‘‘From amounts credited pur- suant to section 1616(d)(4)(B) of the Social Security Act [42 U.S.C. 1382e(d)(4)(B)] and section 212(b)(3)(D)(ii) of Public Law 93–66 [set out as a note under section 1382 of this title] 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 [42 U.S.C. 1381 et seq.] and related laws.’’ Pub. L. 105–33, title V, § 5102(b)(2), Aug. 5, 1997, 111 Stat. 597, provided that: ‘‘From amounts credited pur- suant to section 1616(d)(4)(B) of the Social Security Act [42 U.S.C. 1382e(d)(4)(B)] and section 212(b)(3)(D)(ii) of Public Law 93–66 [set out as a note under section 1382 of this title] 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.’’ PERIOD WITHIN WHICH CALIFORNIA MAY MAKE CASH PAYMENTS IN LIEU OF FOOD STAMPS TO RECIPIENTS OF SUPPLEMENTAL SECURITY INCOME BENEFITS Pub. L. 95–458, § 5(b), Oct. 14, 1978, 92 Stat. 1261, pro- vided that: ‘‘No additional cash payment under title XVI of the Social Security Act [42 U.S.C. 1381 et seq.] may be made pursuant to the third sentence of section 8(d) of Public Law 93–233 (as added by subsection (a) of this section) [amending a note under this section] for any month beginning before October 1, 1978, or ending after September 30, 1979.’’ ELIGIBILITY OF SUPPLEMENTAL SECURITY INCOME RECIPIENTS FOR FOOD STAMPS Pub. L. 93–233, § 8(c), Dec. 31, 1973, 87 Stat. 957, as amended by Pub. L. 95–113, title XIII, § 1302(a)(3), Sept. 29, 1977, 91 Stat. 979, provided that: ‘‘For purposes of section 6(g) of the Food Stamp Act of 1977 [now the Food and Nutrition Act of 2008] [section 2015(g) of Title 7, Agriculture] and subsections (b)(3) [set out as a note under section 612c of Title 7] and (f) [set out below] of this section, the level of State supplementary payment under section 1616(a) [42 U.S.C. 1382e(a)] shall be found by the Secretary to have been specifically increased so as to include the bonus value of food stamps (1) only if, prior to October 1, 1973, the State has entered into an agreement with the Secretary or taken other positive steps which demonstrate its intention to provide sup- plementary payments under section 1616(a) [42 U.S.C. 1382e(a)] at a level which is at least equal to the max- imum level which can be determined under section 401(b)(1) of the Social Security Amendments of 1972 [set out as a note under this section] and which is such that the limitation on State fiscal liability under section 401 [set out as a note under this section] does result in a reduction in the amount which would otherwise be payable to the Secretary by the State, and (2) only with respect to such months as the State may, at its option, elect.’’ [Pub. L. 95–113, title XIII, § 1302(b), Sept. 29, 1977, 91 Stat. 979, provided that the amendment of section 8(c) of Pub. L. 93–233 by section 1302(a)(3) of Pub. L. 95–113 is effective Oct. 1, 1977.] Pub. L. 93–233, § 8(d), Dec. 31, 1973, 87 Stat. 957, as added by Pub. L. 94–379, § 1(a), Aug. 10, 1976, 90 Stat. 1111, and amended by Pub. L. 95–458, § 5(a), Oct. 14, 1978, 92 Stat. 1260; Pub. L. 97–18, § 2, June 30, 1981, 95 Stat. 102; Pub. L. 97–35, title XXIII, § 2342(a), Aug. 13, 1981, 95 Stat. 866, provided that: ‘‘Upon the request of a State, the Secretary shall find, for purposes of the provisions specified in subsection (c) [set out above], that the level of such State’s supplementary payments of the type described in section 1616(a) of the Social Security Act [42 U.S.C. 1382e(a)] has been specifically increased for any month so as to include the bonus value of food stamps (and that such State meets the applicable re- quirements of subsection (c)(1)) if— ‘‘(1) the Secretary has found (under this subsection or subsection (c), as in effect in December 1980) that such State’s supplementary payments in December 1980 were increased to include the bonus value of food stamps; and ‘‘(2) such State continues without interruption to meet the requirements of section 1618 of such Act [section 1382g of this title] for each month after the month referred to in paragraph (1) and up to and in- cluding the month for which the Secretary is making the determination.’’ [Pub. L. 97–18, § 2, June 30, 1981, 95 Stat. 102, provided that the amendment of section 8(d) of Pub. L. 93–233, set out above, by Pub. L. 97–18 is effective for the pe- riod July 1, 1981, to Aug. 31, 1981.] [Pub. L. 97–35, title XXIII, § 2342(b), Aug. 13, 1981, 95 Stat. 866, provided that the amendment of section 8(d) of Pub. L. 93–233, set out above, by section 2342(a) of Pub. L. 97–35 is effective July 1, 1981.] Page 2845 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1382e ADJUSTED PAYMENT LEVEL; PAYMENT LEVEL MODIFICATION Pub. L. 93–233, § 8(e), formerly § 8(d), Dec. 31, 1973, 87 Stat. 957, as renumbered § 8(e) by Pub. L. 94–379, § 1(a), Aug. 10, 1976, 90 Stat. 1111, provided that: ‘‘Section 401(b)(1) of the Social Security Amendments of 1972 [set out below] is amended by striking out everything after the word ‘exceed’ and inserting in lieu thereof: ‘a pay- ment level modification (as defined in paragraph (2) of this subsection) with respect to such plans’.’’ Pub. L. 93–233, § 8(f), formerly § 8(e), Dec. 31, 1973, 87 Stat. 957, as amended by Pub. L. 93–335, § 1(b), July 8, 1974, 88 Stat. 291; Pub. L. 94–44, § 3(b), June 28, 1975, 89 Stat. 235; Pub. L. 94–365, § 2(2), July 14, 1976, 90 Stat. 990, and renumbered § 8(f) and amended by Pub. L. 94–379, § 1(a), (b), Aug. 10, 1976, 90 Stat. 1111; Pub. L. 95–59, § 3(2), June 30, 1977, 91 Stat. 255; Pub. L. 95–113, title XIII, § 1302(a)(4), Sept. 29, 1977, 91 Stat. 979, provided that: ‘‘The amendment made by subsection (e) [set out above] shall not be effective in any State which pro- vides supplementary payments of the type described in section 1616(a) of the Social Security Act [42 U.S.C. 1382e(a)] the level of which has been found by the Sec- retary to have been specifically increased so as to in- clude the bonus value of food stamps.’’ [Amendment of section 8(e) [now § 8(f)] of Pub. L. 93–233 by section 1(b) of Pub. L. 93–335, effective July 1, 1974, see section 1(c) of Pub. L. 93–335, set out as a note below.] [Pub. L. 93–335, § 1(c), July 8, 1974, 88 Stat. 291, pro- vided that amendments by section 1(a), (b) of Pub. L. 93–335 to section 8(a)(1), (2), (b)(1)–(3), and (e) of Pub. L. 93–233, Dec. 31, 1973, 87 Stat. 956, set out as notes under this section and sections 612c, 1431 and 2012 of Title 7, Agriculture, is effective as of July 1, 1974.] [Pub. L. 95–59, § 3, June 30, 1977, 91 Stat. 255, provided that the amendment of section 8(f) of Pub. L. 93–233, set out above, by section 3(2) of Pub. L. 95–59 is effective July 1, 1977.] [Pub. L. 95–113, title XIII, § 1302(b), Sept. 29, 1977, 91 Stat. 979, provided that the amendment of section 8(f) of Pub. L. 93–233, set out above, by section 1302(a)(4) of Pub. L. 95–113 is effective Oct. 1, 1977.] COMMODITY DISTRIBUTION PROGRAM: INDIVIDUAL RE- CEIVING SUPPLEMENTAL SECURITY INCOME BENEFITS AS MEMBER OF HOUSEHOLD FOR ANY PURPOSE OF PROGRAM Individual receiving supplemental security income benefits or payments as part of benefits or payments described in subsec. (a) of this section as member of a household for any purpose of the food distribution pro- gram, see section 4(c) of Pub. L. 93–86, set out as a note under section 612c of Title 7, Agriculture. APPLICATION TO NORTHERN MARIANA ISLANDS For applicability of this section to the Northern Mar- iana Islands, see section 502(a)(1) of the Covenant to Es- tablish a Commonwealth of the Northern Mariana Is- lands in Political Union with the United States of America and Proc. No. 4534, Oct. 24, 1977, 42 F.R. 6593, set out as notes under section 1801 of Title 48, Terri- tories and Insular Possessions. PUERTO RICO, GUAM, AND VIRGIN ISLANDS Enactment of provisions of Pub. L. 92–603, eff. Jan. 1, 1974, not applicable to Puerto Rico, Guam, and the Vir- gin Islands, see section 303(b) of Pub. L. 92–603, set out as a note under section 301 of this title. LIMITATION ON FISCAL LIABILITY OF STATES FOR PAY- MENT TO SECRETARY OF SUPPLEMENTARY PAYMENTS MADE BY SECRETARY PURSUANT TO AGREEMENT Pub. L. 92–603, title IV, § 401, Oct. 30, 1972, 86 Stat. 1485, as amended by Pub. L. 93–233, § 18(h), Dec. 31, 1973, 87 Stat. 969; Pub. L. 94–566, title V, § 504(a), Oct. 20, 1976, 90 Stat. 2686; Pub. L. 94–585 § 2(b), Oct. 21, 1976, 90 Stat. 2902; Pub. L. 97–248, title I, § 184(a), Sept. 3, 1982, 96 Stat. 406; Pub. L. 110–234, title IV, § 4115(c)(1)(A)(ii), (vi), (B)(iv), May 22, 2008, 122 Stat. 1109; Pub. L. 110–246, § 4(a), title IV, § 4115(c)(1)(A)(ii), (vi), (B)(iv), June 18, 2008, 122 Stat. 1664, 1870, 1871, provided that: ‘‘(a)(1) The amount payable to the Secretary by a State for any fiscal year, other than fiscal year 1974, pursuant to its agreement or agreements under section 1616 of the Social Security Act [this section] shall not exceed the non-Federal share of expenditures as aid or assistance for quarters in the calendar year 1972 under the plans of the State approved under titles I, X, XIV, and XVI of the Social Security Act [42 U.S.C. 301 et seq., 1201 et seq., 1351 et seq., 1381 et seq.] (as defined in subsection (c) of this section), and the amount payable for fiscal year 1974 pursuant to such agreement or agreements shall not exceed one-half of the non-Fed- eral share of such expenditures. ‘‘(2) Paragraph (1) of this subsection shall only apply with respect to that portion of the supplementary pay- ments made by the Secretary on behalf of the State under such agreements in any fiscal year which does not exceed in the case of any individual the difference between— ‘‘(A) the adjusted payment level under the appro- priate approved plan of such State as in effect for January 1972 (as defined in subsection (b) of this sec- tion), and ‘‘(B) the benefits under title XVI of the Social Secu- rity Act [42 U.S.C. 1381 et seq.] (subject to the second sentence of this paragraph), plus income not excluded under section 1612(b) of such Act [42 U.S.C. 1382a(b)] in determining such benefits, paid to such individual in such fiscal year, and shall not apply with respect to supplementary pay- ments to any individual who (i) is not required by sec- tion 1616 of such Act [42 U.S.C. 1382e] to be included in any such agreement administered by the Secretary and (ii) would have been ineligible (for reasons other than income) for payments under the appropriate approved State plan as in effect for January 1972. In determining the difference between the level specified in subpara- graph (A) and the benefits and income described in sub- paragraph (B) there shall be excluded any part of any such benefit which results from (and would not be pay- able but for) any cost-of-living increase in such benefits under section 1617 of such Act [42 U.S.C. 1382f] (or any general increase enacted by law in the dollar amounts referred to in such section) becoming effective after June 30, 1977. ‘‘(b)(1) For purposes of subsection (a), the term ‘ad- justed payment level under the appropriate approved plan of a State as in effect for January 1972’ means the amount of the money payment which an individual with no other income would have received under the plan of such State approved under title I, X, XIV, or XVI of the Social Security Act [42 U.S.C. 301 et seq., 1201 et seq., 1351 et seq., 1381 et seq.], as may be appro- priate, and in effect for January 1972; except that the State may, at its option, increase such payment level with respect to any such plan by an amount which does not exceed the sum of— ‘‘(A) a payment level modification (as defined in paragraph (2) of this subsection) with respect to such plan, and ‘‘(B) the bonus value of food stamps [probably should be ‘‘benefits’’] in such State for January 1972 (as defined in paragraph (3) of this subsection). ‘‘(2) For purposes of paragraph (1), the term ‘payment level modification’ with respect to any State plan means that amount by which a State which for Janu- ary 1972 made money payments under such plan to indi- viduals with no other income which were less than 100 per centum of its standard of need could have increased such money payments without increasing (if it reduced its standard of need under such plan so that such in- creased money payments equaled 100 per centum of such standard of need) the non-Federal share of expend- itures as aid or assistance for quarters in calendar year 1972 under the plans of such State approved under titles I, X, XIV, and XVI of the Social Security Act [42 U.S.C. 301 et seq., 1201 et seq., 1351 et seq., 1381 et seq.]. Page 2846 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1382f ‘‘(3) For purposes of paragraph (1), the term ‘bonus value of benefits in a State for January 1972’ (with re- spect to an individual) means— ‘‘(A) the face value of the benefit allotment which would have been provided to such an individual under the Food Stamp Act of 1964 [now the Food and Nutri- tion Act of 2008, 7 U.S.C. 2011 et seq.] for January 1972, reduced by ‘‘(B) the charge which such an individual would have paid for such benefit allotment, if the income of such individual, for purposes of deter- mining the charge it would have paid for its benefit al- lotment, had been equal to the adjusted payment level under the State plan (including any payment level modification with respect to the plan adopted pursuant to paragraph (2) (but not including any amount under this paragraph)). The total face value of benefits and the cost thereof in January 1972 shall be determined in accordance with rules prescribed by the Secretary of Agriculture in effect in such month. ‘‘(c) For purposes of this section, the term ‘non-Fed- eral share of expenditures as aid or assistance for quar- ters in the calendar year 1972 under the plans of a State approved under titles I, X, XIV, and XVI of the Social Security Act’ [42 U.S.C. 301 et seq., 1201 et seq., 1351 et seq., 1381 et seq.] means the difference between— ‘‘(1) the total expenditures in such quarters under such plans for aid or assistance (excluding expendi- tures authorized under section 1119 of such Act [42 U.S.C. 1319] for repairing the home of an individual who was receiving aid or assistance under one of such plans (as such section was in effect prior to the enact- ment of this Act)), and ‘‘(2) the total of the amounts determined under sec- tions 3, 1003, 1403, and 1603 of the Social Security Act [42 U.S.C. 303, 1203, 1353; 1383 note], under section 1118 of such Act [42 U.S.C. 1318], and under section 9 of the Act of April 19, 1950 [former 25 U.S.C. 639], for such State with respect to such expenditures in such quar- ters. ‘‘(d) In addition to the amount which a State must pay to the Secretary for the fiscal year 1983 or the fis- cal year 1984, as determined under subsection (a), the State shall also pay, for the fiscal year 1983, 60 percent of the further amount that would be payable but for the limit specified in subsection (a), and, for the fiscal year 1984, 80 percent of such further amount. For each fiscal year thereafter, the limit prescribed in subsection (a) shall be inapplicable and a State shall pay to the Sec- retary the full amount of any supplementary payments he makes on behalf of such State.’’ [Amendment of section 401(a)(2) of Pub. L. 92–603, set out above, by Pub. L. 94–585 inserting parenthetical text in subpar. (B) and enacting last sentence, such amendments being identical to amendments by Pub. L. 94–566 less the words ‘‘and before July 1, 1979’’ following ‘‘June 30, 1977’’, effective with respect to benefits pay- able for months after June 1977, see section 2(c) of Pub. L. 94–585, set out as a note under section 1382g of this title.] [Amendment of section 401(a)(2) of Pub. L. 92–603, set out above, by Pub. L. 94–566 inserting parenthetical text in subpar. (B) and enacting last sentence effective under provisions of Pub. L. 94–566, title V, § 504(b), Oct. 20, 1976, 90 Stat. 2686, with respect to benefits payable for months after June 1977.] [Amendment of section 401 of Pub. L. 92–603, set out above, by section 18(h) of Pub. L. 93–233 effective Jan. 1, 1974, see section 18(z–3)(1) of Pub. L. 93–233.] [Pub. L. 97–248, title I, § 184(b), Sept. 3, 1982, 96 Stat. 406, provided that: ‘‘The amendment made by sub- section (a) [amending section 401 of Pub. L. 92–603, set out above] shall become effective on the date of the en- actment of this Act [Sept. 3, 1982].’’] TRANSITIONAL ADMINISTRATION OF PROGRAMS BY STATE PURSUANT TO AGREEMENT BETWEEN STATE AND SEC- RETARY Pub. L. 92–603, title IV, § 402, Oct. 30, 1972, 86 Stat. 1487, as amended by Pub. L. 93–233, § 18(i), Dec. 31, 1973, 87 Stat. 970, provided that: ‘‘In order for a State to be eligible for any payments pursuant to title IV, V, XVI, or XIX of the Social Security Act [42 U.S.C. 601 et seq., 701 et seq., 1381 et seq., 1396 et seq.] with respect to ex- penditures for the third and fourth quarters in the fis- cal year ending June 30, 1974, and any quarter in the fis- cal year ending June 30, 1975, and for the purpose of providing an orderly transition from State to Federal administration of the Supplemental Security Income Program, such State shall enter into an agreement with the Secretary of Health, Education, and Welfare [now Health and Human Services] under which the State agencies responsible for administering or for su- pervising the administration of the plans approved under titles I, X, XIV, and XVI of the Social Security Act [42 U.S.C. 301 et seq., 1201 et seq., 1351 et seq., 1381 et seq.] will, on behalf of the Secretary, administer all or such part or parts of the program established by sec- tion 301 of this Act [enacting this subchapter], during such portion of the third and fourth quarters of the fis- cal year ending June 30, 1974, and any quarter of the fis- cal year ending June 30, 1975, as may be provided in such agreement.’’ ELECTION OF PAYMENTS UNDER COMBINED STATE PLAN RATHER THAN SEPARATE PLANS Pub. L. 87–543, § 141(b), July 25, 1962, 76 Stat. 205, pro- vided that: ‘‘No payment may be made to a State under title I, X, or XIV of the Social Security Act [42 U.S.C. 301 et seq., 1201 et seq., 1351 et seq.] for any period for which such State receives any payments under title XVI of such Act or any period thereafter.’’ OVERPAYMENT OR UNDERPAYMENT ADJUSTMENTS Pub. L. 87–543, § 141(f), July 25, 1962, 76 Stat. 205, pro- vided that: ‘‘In the case of any State which has a State plan approved under title XVI of the Social Security Act [42 U.S.C. 1381 et seq.], any overpayment or under- payment which the Secretary determines was made to such State under section 3, 1003, or 1403 of such Act [42 U.S.C. 303, 1203, 1353] with respect to a period before the approval of the plan under such title XVI, and with re- spect to which adjustment has not been already made under subsection (b) of such section 3, 1003, or 1403, shall, for purposes of section 1603(b) of such Act [42 U.S.C. 1383(b) prior to its omission on Oct. 30, 1972], be considered an overpayment or underpayment (as the case may be) made under section 1603 of such Act [42 U.S.C. 1383 as it existed prior to Oct. 30, 1972].’’ § 1382f. Cost-of-living adjustments in benefits (a) Increase of dollar amounts Whenever benefit amounts under subchapter II are increased by any percentage effective with any month as a result of a determination made under section 415(i) of this title— (1) each of the dollar amounts in effect for such month under subsections (a)(1)(A), (a)(2)(A), (b)(1), and (b)(2) of section 1382 of this title, and subsection (a)(1)(A) of section 211 of Public Law 93–66, as specified in such sub- sections or as previously increased under this section, shall be increased by the amount (if any) by which— (A) the amount which would have been in effect for such month under such subsection but for the rounding of such amount pursu- ant to paragraph (2), exceeds (B) the amount in effect for such month under such subsection; and (2) the amount obtained under paragraph (1) with respect to each subsection shall be fur- ther increased by the same percentage by which benefit amounts under subchapter II are increased for such month, or, if greater (in any