I 

111TH CONGRESS 

2D SESSION H. R. 6192 

To ensure that foster children are able to use their Social Security and 

Supplemental Security Income benefits to address their needs and improve their lives. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 23, 2010 

Mr. STARK (for himself and Mr. LANGEVIN) introduced the following bill; 

which was referred to the Committee on Ways and Means 

A BILL 

To ensure that foster children are able to use their Social 

Security and Supplemental Security Income benefits to 

address their needs and improve their lives. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Foster Children Self5 Support Act’’. 


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1 SEC. 2. LIMITATION ON USE OF SOCIAL SECURITY OR SUP2 PLEMENTAL SECURITY INCOME BENEFITS 

3 PAID TO REPRESENTATIVE PAYEES ON BE4 HALF OF FOSTER CHILDREN FOR STATE 

5 COSTS. 

6 (a) AMENDMENTS TO TITLE II.— 

7 (1) EXCEPTION TO PROHIBITION ON ASSIGN8 MENTS, ETC.—Section 207 of the Social Security 

9 Act (42 U.S.C. 407) is amended by adding at the 

10 end the following: 

11 ‘‘(d) Subsection (a) of this section shall not apply to 

12 a payment made by a representative payee to reimburse 

13 a State as described in section 205(j)(9)(B)(i), but only 

14 to the extent that the payment is— 

15 ‘‘(1) not prohibited by section 205(j)(9)(B)(i); 

16 and 

17 ‘‘(2) made available, distributed, and applied in 

18 accordance with section 205(j)(9)(B)(iii).’’. 

19 (2) LIMITATION ON USE OF SOCIAL SECURITY

20 BENEFITS.—Section 205(j)(9) of such Act (42 

21 U.S.C. 405(j)(9)) is amended— 

22 (A) by inserting ‘‘(A)’’ after ‘‘(9)’’; and 

23 (B) by adding at the end the following: 

24 ‘‘(B)(i) A State or local government agency serving 

25 in any State as a representative payee under this sub26 section with respect an individual who is in foster care 


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1 under the responsibility of the State shall not use any (or, 

2 if the individual has not attained 14 years of age, more 

3 than 50 percent of any) benefits paid to the representative 

4 payee pursuant to paragraph (1) of this subsection to re5 imburse the State for— 

6 ‘‘(I) foster care maintenance payments made 

7 pursuant to section 472, or 

8 ‘‘(II) other payments made by the State or po9 litical subdivision of the State to cover any other 

10 cost or expense for an individual who is in foster 

11 care under the responsibility of the State. 

12 ‘‘(ii) An expense described in paragraph (4)(A)(i) of 

13 this subsection or section 1631(a)(2)(D) shall not be con14 sidered a cost or expense for purposes of clause (i) of this 

15 subparagraph. 

16 ‘‘(iii) In any case in which the State or local govern17 ment agency referred to in clause (i) determines that any 

18 portion of such individual’s benefit under this title which 

19 is held by such agency in accordance with this subsection 

20 would be available under the provisions of this subsection 

21 (other than this clause) to reimburse government costs in 

22 connection with such foster care, any amount of such por23 tion of such benefit shall be available for such reimburse24 ment only to the extent that such amount is made avail25 able to supplement, and not to replace, any amounts othVerDate Mar 15 2010 02:11 Sep 25, 2010 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6192.IH H6192

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1 erwise available from non-Federal sources to meet such 

2 government costs. Any amount of such reimbursement 

3 shall not be distributed into the general funds of the agen4 cy or the State or local government and may be applied 

5 only so as to increase funding for foster care services pro6 vided by the State or local government.’’. 

7 (b) AMENDMENTS TO TITLE XVI.— 

8 (1) APPLICABILITY OF TITLE II EXCEPTION TO

9 PROHIBITION ON ASSIGNMENTS, ETC.—Section 

10 1631(d)(1) of such Act (42 U.S.C. 1383(d)(1)) is 

11 amended by inserting ‘‘, except that section 207(d) 

12 shall be applied by substituting ‘section 207’ for 

13 ‘this section’, by substituting ‘subsection 

14 (a)(2)(A)(iv)(II) of this section’ for ‘205(j)(9)(B)(i)’ 

15 each place it appears, and by substituting ‘sub16 section (a)(2)(A)(iv)(IV) of this section’ for 

17 ‘205(j)(9)(B)(iii)’ ’’ before the period. 

18 (2) LIMITATION ON USE OF SSI BENEFITS.— 

19 Section 1631(a)(2)(A)(iv) of such Act (42 U.S.C. 

20 1383(a)(2)(A)(iv)) is amended— 

21 (A) by inserting ‘‘(I)’’ after ‘‘(iv)’’; 

22 (B) by adding ‘‘and’’ at the end; and 

23 (C) by adding after and below the end the 

24 following: 


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1 ‘‘(II) A State or local government agency serving in 

2 any State as a representative payee under this subsection 

3 with respect an eligible individual who is in foster care 

4 under the responsibility of the State shall not use any (or, 

5 if the individual has not attained 14 years of age, more 

6 than 50 percent of any) benefits paid to the representative 

7 payee pursuant to pursuant to clause (ii) of this subpara8 graph to reimburse the State for— 

9 ‘‘(aa) foster care maintenance payments made 

10 pursuant to section 472; or 

11 ‘‘(bb) other payments made by a State or polit12 ical subdivision of a State to cover any other cost or 

13 expense for an individual who is in foster care under 

14 the responsibility of the State. 

15 ‘‘(III) An expense described in subparagraph (D) of 

16 this paragraph or section 205(j)(4)(A)(i) shall not be con17 sidered a cost or expense for purposes of subclause (II) 

18 of this clause. 

19 ‘‘(IV) In any case in which the State or local govern20 ment agency referred to in subclause (II) determines that 

21 any portion of such individual’s benefit under this title 

22 which is held by the agency in accordance with this para23 graph would be available under the provisions of this para24 graph (other than this subclause) to reimburse govern25 ment costs in connection with the foster care, any amount 


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1 of the portion of the benefit shall be available for such 

2 reimbursement only to the extent that the amount is made 

3 available to supplement, and not to replace, any amounts 

4 otherwise available from non-Federal sources to meet the 

5 government costs. Any amount of the reimbursement shall 

6 not be distributed into the general funds of the agency 

7 or the State or local government and may be applied only 

8 so as to increase funding for foster care services provided 

9 by the State or local government.’’. 

10 SEC. 3. SCREENING OF FOSTER CHILDREN FOR ELIGI11 BILITY FOR SOCIAL SECURITY AND SUPPLE12 MENTAL SECURITY INCOME BENEFITS. 

13 (a) STATE PLAN REQUIREMENT.—Section 471(a) of 

14 the Social Security Act (42 U.S.C. 671(a)) is amended— 

15 (1) by striking ‘‘and’’ at the end of paragraph 

16 (32); 

17 (2) by striking the period at the end of para18 graph (33) and inserting ‘‘; and’’; and 

19 (3) by adding at the end the following: 

20 ‘‘(34) provides that, not later than the begin21 ning of the 1st calendar quarter that begins after 

22 the 3-year period that begins with the date of the 

23 enactment of this paragraph, the State agency re24 ferred to in paragraph (2) of this subsection shall— 


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1 ‘‘(A) develop and implement procedures to 

2 ensure that, within 60 days after the status of 

3 a child who is in foster care under the responsi4 bility of the State is first reviewed pursuant to 

5 section 475(5)(B), and after any material 

6 change in the circumstances of the child that 

7 could affect the potential eligibility of the child 

8 for such benefits, the child is screened to deter9 mine the potential eligibility of the child for 

10 benefits under title II and for supplemental se11 curity income benefits under title XVI; 

12 ‘‘(B) if the screening results in a deter13 mination that the child is potentially eligible for 

14 any of such benefits— 

15 ‘‘(i) provide the child with assistance 

16 in applying for, and (if necessary) appeal17 ing any decisions made with respect to, the 

18 benefits; and 

19 ‘‘(ii) if there is no other suitable can20 didate available, apply to become the rep21 resentative payee for the child with respect 

22 to the benefits; and 

23 ‘‘(C) develop and implement procedures to 

24 ensure that any such child who is potentially el25 igible for, or is a recipient of, benefits under 


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1 title II or supplemental security income benefits 

2 under title XVI, is assisted with applying for 

3 such benefits 90 days before the child exits fos4 ter care.’’. 

5 (b) GAO STUDY.— 

6 (1) IN GENERAL.—Within 6 years after the 

7 date of the enactment of this Act, the Comptroller 

8 General of the United States shall conduct a study 

9 to determine whether the States have substantially 

10 complied with the amendments made by this section, 

11 including specifically whether the States have— 

12 (A) established successful procedures that 

13 screen all foster children under the responsi14 bility of the States for their potential eligibility 

15 for benefits under title II of the Social Security 

16 Act and for supplemental security income bene17 fits under title XVI of such Act; 

18 (B) provided all such potentially eligible 

19 foster children assistance in applying for, and 

20 appealing decisions made with respect to, the 

21 benefits; and 

22 (C) implemented procedures to identify 

23 suitable nongovernmental candidates to serve as 

24 representative payees for children in foster care 

25 with respect to the benefits. 


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1 (2) REPORT TO THE CONGRESS.—Within 1 year 

2 after completing the study required by paragraph 

3 (1), the Comptroller General shall submit to the 

4 Congress a written report that contains the results 

5 of the study. 

6 SEC. 4. NOTICE TO ATTORNEY OR GUARDIAN AD LITEM 

7 FOR FOSTER CHILD OF DETERMINATION TO 

8 PAY SOCIAL SECURITY OR SUPPLEMENTAL 

9 SECURITY INCOME BENEFITS TO REP10 RESENTATIVE PAYEE. 

11 (a) AMENDMENT TO TITLE II.—Section 

12 205(j)(2)(E)(ii) of the Social Security Act (42 U.S.C. 

13 405(j)(2)(E)(ii)) is amended by inserting ‘‘, except that, 

14 in the case of an individual who is in foster care under 

15 the responsibility of a State, such notice shall also be pro16 vided to the attorney or guardian ad litem appointed to 

17 represent the individual pursuant to section 

18 106(b)(2)(A)(xiii) of the Child Abuse Prevention and 

19 Treatment Act and, if the individual has attained 14 years 

20 of age, to the individual’’ before the period. 

21 (b) AMENDMENT TO TITLE XVI.—Section 

22 1631(a)(2)(B)(xii) of such Act (42 U.S.C. 

23 1383(a)(2)(B)(xii) is amended by inserting ‘‘, except that, 

24 in the case of an individual who is in foster care under 

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1 vided to the attorney or guardian ad litem appointed to 

2 represent the individual pursuant to section 

3 106(b)(2)(A)(xiii) of the Child Abuse Prevention and 

4 Treatment Act and, if the individual has attained 14 years 

5 of age, to the individual’’ before the period. 

6 SEC. 5. MANAGEMENT OF SOCIAL SECURITY AND SUPPLE7 MENTAL SECURITY INCOME BENEFITS FOR 

8 FOSTER CHILDREN. 

9 (a) PLAN FOR ACHIEVING SELF-SUPPORT.—Section 

10 471(a) of the Social Security Act (42 U.S.C. 671(a)), as 

11 amended by section 3(a) of this Act, is amended— 

12 (1) by striking ‘‘and’’ at the end of paragraph 

13 (33); 

14 (2) by striking the period at the end of para15 graph (34) and inserting ‘‘; and’’; and 

16 (3) by adding at the end the following: 

17 ‘‘(35) provides that, with respect to each child 

18 in foster care under the responsibility of the State 

19 who is a recipient of benefits under title II or sup20 plemental security income benefits under title XVI, 

21 the State agency shall develop a plan, developed spe22 cifically for the child, which is designed to best meet 

23 the current and future needs of the individual and 

24 enable the child to achieve self-support after leaving 

25 foster care, in accordance with the following: 


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1 ‘‘(A)(i) The plan shall set forth a strategy 

2 to conserve benefits not necessary for the imme3 diate needs of the child, determined as provided 

4 for pursuant to clause (ii) of this subparagraph, 

5 in a manner that best meets the future needs 

6 and educational and employment interests of 

7 the child, and for the placement of any such 

8 benefits in an account of the type described in 

9 section 1631(a)(2)(F) of this Act, or an account 

10 established by the State under section 477 of 

11 this Act. 

12 ‘‘(ii) The plan shall provide for a deter13 mination as to whether the child has immediate 

14 needs for which the benefits should be used 

15 consistent with sections 205(j)(10)(B) and 

16 1631(a)(2)(A)(iv)(II). 

17 ‘‘(iii) The plan shall provide for a deter18 mination of any additional assets to which the 

19 child may be entitled, including civil judgments, 

20 inheritances, or earnings, and shall provide for 

21 the assets to be conserved as described in clause 

22 (i) of this subparagraph. 

23 ‘‘(iv) Any funds conserved in accordance 

24 with the plan shall be used to supplement and 

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1 grams that may be available for the benefit of 

2 the child. 

3 ‘‘(v) The plan shall provide that any assets 

4 set aside under the plan shall be conserved and 

5 inaccessible to the child (except for a use of 

6 funds described in item (aa) through (gg) of 

7 section 1631(a)(2)(F)(ii)(II) of this Act, or for 

8 another use approved by the Secretary as being 

9 in the best interests of the child), and placed in 

10 the account described in clause (i) of this sub11 paragraph, until the later of the date the child 

12 attains 18 years of age or ceases to be under 

13 the responsibility of the State, at which time 

14 any assets subject to the plan shall be acces15 sible to the child to— 

16 ‘‘(I) secure and maintain stable hous17 ing; 

18 ‘‘(II) pursue educational opportuni19 ties, including job training, vocational 

20 training, or obtain a professional license; 

21 ‘‘(III) purchase a vehicle; 

22 ‘‘(IV) operate a business; 

23 ‘‘(V) pay for employment-related 

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1 ance, licenses, or complying with licensing 

2 requirements; 

3 ‘‘(VI) pay for medical or health-re4 lated expenses; or 

5 ‘‘(VII) pay for any expenses reason6 ably expected to assist the child in becom7 ing self-sufficient. 

8 ‘‘(B) The State agency shall— 

9 ‘‘(i) develop and implement the plan 

10 in collaboration with the child (on an age11 appropriate basis), the social worker for 

12 the child, the person acting as the rep13 resentative payee for the child pursuant to 

14 section 205(j) or 1631(a)(2) of this Act, 

15 and the attorney or guardian ad litem ap16 pointed to represent the child pursuant to 

17 section 106(b)(2)(A)(xiii) of the Child 

18 Abuse Prevention and Treatment Act; and 

19 ‘‘(ii) in developing and implementing 

20 the plan, make reasonable efforts to seek 

21 input from the parents and caretakers of 

22 the child. 

23 ‘‘(C)(i) Within 60 days after the status of 

24 the child is first reviewed pursuant to section 


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1 475(5)(B), the State agency shall complete the 

2 plan. 

3 ‘‘(ii) The State agency shall ensure that 

4 each subsequent such review of such status 

5 shall include consideration of an updated 

6 version of the plan and a report on the progress 

7 made in implementing the plan. 

8 ‘‘(D)(i) Not later than 30 days before the 

9 status of the child is first reviewed pursuant to 

10 section 475(5)(B) of this Act after completion 

11 of the plan, the State agency shall provide a 

12 copy of the plan to the attorney or guardian ad 

13 litem appointed to represent the child pursuant 

14 to section 106(b)(2)(A)(xiii) of the Child Abuse 

15 Prevention and Treatment Act. 

16 ‘‘(ii) Not later than 30 days before each 

17 subsequent such review, the State agency shall 

18 provide an updated copy of the plan to the at19 torney or guardian ad litem so appointed. 

20 ‘‘(E)(i) The child may request the plan to 

21 be modified in a review of the status of the 

22 child pursuant to section 475(5)(B), in a sepa23 rate hearing, or in a permanency hearing pur24 suant to section 475(5)(C). 


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1 ‘‘(ii) The plan shall not be treated, in any 

2 administrative or judicial review proceeding, as 

3 meeting the requirements of this paragraph 

4 with respect to a child unless the plan is deter5 mined by the reviewer to be the best available 

6 means of meeting the current and future needs 

7 and educational and employment interests of 

8 the child.’’. 

9 (b) PROVISIONS RELATING TO REPRESENTATIVE

10 PAYEES.— 

11 (1) AMENDMENTS TO TITLE II.—Section 205(j) 

12 of such Act (42 U.S.C. 405(j)) (as amended by the 

13 preceding provisions of this Act) is amended fur14 ther— 

15 (A) by redesignating paragraphs (8), (9), 

16 and (10) as paragraphs (9), (10), and (11), re17 spectively; and 

18 (B) by inserting after paragraph (7) the 

19 following new paragraph: 

20 ‘‘(8) A representative payee shall manage the benefits 

21 paid to the representative payee under paragraph (1) on 

22 behalf of an individual who is in foster care under the re23 sponsibility of a State, in accordance with the plan devel24 oped for the child pursuant to section 471(a)(35).’’. 


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1 (2) AMENDMENT TO TITLE XVI.—Section 

2 1631(a)(2) of such Act (42 U.S.C. 1383(a)(2)) is 

3 amended by adding at the end the following: 

4 ‘‘(J) A representative payee shall manage the benefits 

5 paid to the representative payee under subparagraph 

6 (A)(ii) of this paragraph on behalf of an individual who 

7 is in foster care under the responsibility of a State, in ac8 cordance with the plan developed for the child pursuant 

9 to section 471(a)(35).’’. 

10 (c) EXCLUSION FROM RESOURCES UNDER THE SSI 

11 PROGRAM.—Section 1613(a) of such Act (42 U.S.C. 

12 1382b(a)) is amended— 

13 (1) by striking ‘‘and’’ at the end of paragraph 

14 (14); 

15 (2) by striking the period at the end of para16 graph (15) and inserting ‘‘; and’’; and 

17 (3) by inserting after paragraph (15) the fol18 lowing: 

19 ‘‘(16) any assets managed on behalf of an eligi20 ble individual in accordance with a plan developed 

21 for the individual pursuant to section 471(a)(35).’’. 


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1 SEC. 6. SUPPORT AND MAINTENANCE FURNISHED IN CASH 

2 OR IN KIND DISREGARDED IN DETERMINING 

3 INCOME OF FOSTER CHILDREN UNDER THE 

4 SUPPLEMENTAL SECURITY INCOME PRO5 GRAM. 

6 Section 1612(a)(2)(A) of the Social Security Act (42 

7 U.S.C. 1382a(a)(2)(A)) is amended— 

8 (1) by striking ‘‘and’’ at the end of clause (ii); 

9 and 

10 (2) by inserting ‘‘, and (iv) clause (i) shall not 

11 apply in the case of a child who is in foster care 

12 under the responsibility of a State’’ before the last 

13 semicolon. 

14 SEC. 7. TECHNICAL ASSISTANCE FOR CHILD WELFARE 

15 AGENCIES. 

16 (a) IN GENERAL.—On request of a State agency re17 sponsible for administering, or supervising the administra18 tion of, a State program authorized by part E of title IV 

19 of the Social Security Act, the Secretary of Health and 

20 Human Services shall provide the State agency with tech21 nical assistance in carrying out the amendments made by 

22 this Act. 

23 (b) LIMITATIONS ON AUTHORIZATION OF APPRO24 PRIATIONS.—To carry out this section, there are author25 ized to be appropriated $4,500,000 for fiscal year 2013, 


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1 and such sums as may be necessary for each of fiscal years 

2 2014 through 2018. 

3 SEC. 8. EFFECTIVE DATES. 

4 (a) IN GENERAL.—Except as provided in subsection 

5 (b) of this section, the amendments made by this Act 

6 (other than by section 3(a)) shall apply to benefits payable 

7 for months beginning after the date of the enactment of 

8 this Act. 

9 (b) STATE PLAN REQUIREMENTS RELATING TO

10 PLANS FOR ACHIEVING SELF-SUPPORT.— 

11 (1) IN GENERAL.—The amendments made by 

12 section 5(a) of this Act shall take effect on the 1st 

13 day of the 1st calendar quarter beginning after the 

14 date of the enactment of this Act, and shall apply 

15 to payments under part E of title IV of the Social 

16 Security Act for calendar quarters beginning after 

17 such 1st day. 

18 (2) DELAY PERMITTED IF STATE LEGISLATION

19 REQUIRED.—If the Secretary of Health and Human 

20 Services determines that State legislation (other 

21 than legislation appropriating funds) is required in 

22 order for a State plan approved under part E of title 

23 IV of the Social Security Act to meet the additional 

24 requirements imposed by the amendments made by 

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1 garded as failing to meet any of the additional re2 quirements before the 1st day of the 1st calendar 

3 quarter beginning after the first regular session of 

4 the State legislature that begins after the date of the 

5 enactment of this Act. If the State has a 2-year leg6 islative session, each year of the session is deemed 

7 to be a separate regular session of the State legisla8 ture. 

Æ 


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