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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6192 Introduced in House (IH)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Foster Children Self-Support Act''.

SEC. 2. LIMITATION ON USE OF SOCIAL SECURITY OR SUPPLEMENTAL SECURITY 
              INCOME BENEFITS PAID TO REPRESENTATIVE PAYEES ON BEHALF 
              OF FOSTER CHILDREN FOR STATE COSTS.

    (a) Amendments to Title II.--
            (1) Exception to prohibition on assignments, etc.--Section 
        207 of the Social Security Act (42 U.S.C. 407) is amended by 
        adding at the end the following:
    ``(d) Subsection (a) of this section shall not apply to a payment 
made by a representative payee to reimburse a State as described in 
section 205(j)(9)(B)(i), but only to the extent that the payment is--
            ``(1) not prohibited by section 205(j)(9)(B)(i); and
            ``(2) made available, distributed, and applied in 
        accordance with section 205(j)(9)(B)(iii).''.
            (2) Limitation on use of social security benefits.--Section 
        205(j)(9) of such Act (42 U.S.C. 405(j)(9)) is amended--
                    (A) by inserting ``(A)'' after ``(9)''; and
                    (B) by adding at the end the following:
    ``(B)(i) A State or local government agency serving in any State as 
a representative payee under this subsection with respect an individual 
who is in foster care under the responsibility of the State shall not 
use any (or, if the individual has not attained 14 years of age, more 
than 50 percent of any) benefits paid to the representative payee 
pursuant to paragraph (1) of this subsection to reimburse the State 
for--
            ``(I) foster care maintenance payments made pursuant to 
        section 472, or
            ``(II) other payments made by the State or political 
        subdivision of the State to cover any other cost or expense for 
        an individual who is in foster care under the responsibility of 
        the State.
    ``(ii) An expense described in paragraph (4)(A)(i) of this 
subsection or section 1631(a)(2)(D) shall not be considered a cost or 
expense for purposes of clause (i) of this subparagraph.
    ``(iii) In any case in which the State or local government agency 
referred to in clause (i) determines that any portion of such 
individual's benefit under this title which is held by such agency in 
accordance with this subsection would be available under the provisions 
of this subsection (other than this clause) to reimburse government 
costs in connection with such foster care, any amount of such portion 
of such benefit shall be available for such reimbursement only to the 
extent that such amount is made available to supplement, and not to 
replace, any amounts otherwise available from non-Federal sources to 
meet such government costs. Any amount of such reimbursement shall not 
be distributed into the general funds of the agency or the State or 
local government and may be applied only so as to increase funding for 
foster care services provided by the State or local government.''.
    (b) Amendments to Title XVI.--
            (1) Applicability of title ii exception to prohibition on 
        assignments, etc.--Section 1631(d)(1) of such Act (42 U.S.C. 
        1383(d)(1)) is amended by inserting ``, except that section 
        207(d) shall be applied by substituting `section 207' for `this 
        section', by substituting `subsection (a)(2)(A)(iv)(II) of this 
        section' for `205(j)(9)(B)(i)' each place it appears, and by 
        substituting `subsection (a)(2)(A)(iv)(IV) of this section' for 
        `205(j)(9)(B)(iii)''' before the period.
            (2) Limitation on use of ssi benefits.--Section 
        1631(a)(2)(A)(iv) of such Act (42 U.S.C. 1383(a)(2)(A)(iv)) is 
        amended--
                    (A) by inserting ``(I)'' after ``(iv)'';
                    (B) by adding ``and'' at the end; and
                    (C) by adding after and below the end the 
                following:
    ``(II) A State or local government agency serving in any State as a 
representative payee under this subsection with respect an eligible 
individual who is in foster care under the responsibility of the State 
shall not use any (or, if the individual has not attained 14 years of 
age, more than 50 percent of any) benefits paid to the representative 
payee pursuant to pursuant to clause (ii) of this subparagraph to 
reimburse the State for--
            ``(aa) foster care maintenance payments made pursuant to 
        section 472; or
            ``(bb) other payments made by a State or political 
        subdivision of a State to cover any other cost or expense for 
        an individual who is in foster care under the responsibility of 
        the State.
    ``(III) An expense described in subparagraph (D) of this paragraph 
or section 205(j)(4)(A)(i) shall not be considered a cost or expense 
for purposes of subclause (II) of this clause.
    ``(IV) In any case in which the State or local government agency 
referred to in subclause (II) determines that any portion of such 
individual's benefit under this title which is held by the agency in 
accordance with this paragraph would be available under the provisions 
of this paragraph (other than this subclause) to reimburse government 
costs in connection with the foster care, any amount of the portion of 
the benefit shall be available for such reimbursement only to the 
extent that the amount is made available to supplement, and not to 
replace, any amounts otherwise available from non-Federal sources to 
meet the government costs. Any amount of the reimbursement shall not be 
distributed into the general funds of the agency or the State or local 
government and may be applied only so as to increase funding for foster 
care services provided by the State or local government.''.

SEC. 3. SCREENING OF FOSTER CHILDREN FOR ELIGIBILITY FOR SOCIAL 
              SECURITY AND SUPPLEMENTAL SECURITY INCOME BENEFITS.

    (a) State Plan Requirement.--Section 471(a) of the Social Security 
Act (42 U.S.C. 671(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (32);
            (2) by striking the period at the end of paragraph (33) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(34) provides that, not later than the beginning of the 
        1st calendar quarter that begins after the 3-year period that 
        begins with the date of the enactment of this paragraph, the 
        State agency referred to in paragraph (2) of this subsection 
        shall--
                    ``(A) develop and implement procedures to ensure 
                that, within 60 days after the status of a child who is 
                in foster care under the responsibility of the State is 
                first reviewed pursuant to section 475(5)(B), and after 
                any material change in the circumstances of the child 
                that could affect the potential eligibility of the 
                child for such benefits, the child is screened to 
                determine the potential eligibility of the child for 
                benefits under title II and for supplemental security 
                income benefits under title XVI;
                    ``(B) if the screening results in a determination 
                that the child is potentially eligible for any of such 
                benefits--
                            ``(i) provide the child with assistance in 
                        applying for, and (if necessary) appealing any 
                        decisions made with respect to, the benefits; 
                        and
                            ``(ii) if there is no other suitable 
                        candidate available, apply to become the 
                        representative payee for the child with respect 
                        to the benefits; and
                    ``(C) develop and implement procedures to ensure 
                that any such child who is potentially eligible for, or 
                is a recipient of, benefits under title II or 
                supplemental security income benefits under title XVI, 
                is assisted with applying for such benefits 90 days 
                before the child exits foster care.''.
    (b) GAO Study.--
            (1) In general.--Within 6 years after the date of the 
        enactment of this Act, the Comptroller General of the United 
        States shall conduct a study to determine whether the States 
        have substantially complied with the amendments made by this 
        section, including specifically whether the States have--
                    (A) established successful procedures that screen 
                all foster children under the responsibility of the 
                States for their potential eligibility for benefits 
                under title II of the Social Security Act and for 
                supplemental security income benefits under title XVI 
                of such Act;
                    (B) provided all such potentially eligible foster 
                children assistance in applying for, and appealing 
                decisions made with respect to, the benefits; and
                    (C) implemented procedures to identify suitable 
                nongovernmental candidates to serve as representative 
                payees for children in foster care with respect to the 
                benefits.
            (2) Report to the congress.--Within 1 year after completing 
        the study required by paragraph (1), the Comptroller General 
        shall submit to the Congress a written report that contains the 
        results of the study.

SEC. 4. NOTICE TO ATTORNEY OR GUARDIAN AD LITEM FOR FOSTER CHILD OF 
              DETERMINATION TO PAY SOCIAL SECURITY OR SUPPLEMENTAL 
              SECURITY INCOME BENEFITS TO REPRESENTATIVE PAYEE.

    (a) Amendment to Title II.--Section 205(j)(2)(E)(ii) of the Social 
Security Act (42 U.S.C. 405(j)(2)(E)(ii)) is amended by inserting ``, 
except that, in the case of an individual who is in foster care under 
the responsibility of a State, such notice shall also be provided to 
the attorney or guardian ad litem appointed to represent the individual 
pursuant to section 106(b)(2)(A)(xiii) of the Child Abuse Prevention 
and Treatment Act and, if the individual has attained 14 years of age, 
to the individual'' before the period.
    (b) Amendment to Title XVI.--Section 1631(a)(2)(B)(xii) of such Act 
(42 U.S.C. 1383(a)(2)(B)(xii) is amended by inserting ``, except that, 
in the case of an individual who is in foster care under the 
responsibility of a State, such notice shall also be provided to the 
attorney or guardian ad litem appointed to represent the individual 
pursuant to section 106(b)(2)(A)(xiii) of the Child Abuse Prevention 
and Treatment Act and, if the individual has attained 14 years of age, 
to the individual'' before the period.

SEC. 5. MANAGEMENT OF SOCIAL SECURITY AND SUPPLEMENTAL SECURITY INCOME 
              BENEFITS FOR FOSTER CHILDREN.

    (a) Plan for Achieving Self-Support.--Section 471(a) of the Social 
Security Act (42 U.S.C. 671(a)), as amended by section 3(a) of this 
Act, is amended--
            (1) by striking ``and'' at the end of paragraph (33);
            (2) by striking the period at the end of paragraph (34) and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(35) provides that, with respect to each child in foster 
        care under the responsibility of the State who is a recipient 
        of benefits under title II or supplemental security income 
        benefits under title XVI, the State agency shall develop a 
        plan, developed specifically for the child, which is designed 
        to best meet the current and future needs of the individual and 
        enable the child to achieve self-support after leaving foster 
        care, in accordance with the following:
                    ``(A)(i) The plan shall set forth a strategy to 
                conserve benefits not necessary for the immediate needs 
                of the child, determined as provided for pursuant to 
                clause (ii) of this subparagraph, in a manner that best 
                meets the future needs and educational and employment 
                interests of the child, and for the placement of any 
                such benefits in an account of the type described in 
                section 1631(a)(2)(F) of this Act, or an account 
                established by the State under section 477 of this Act.
                    ``(ii) The plan shall provide for a determination 
                as to whether the child has immediate needs for which 
                the benefits should be used consistent with sections 
                205(j)(10)(B) and 1631(a)(2)(A)(iv)(II).
                    ``(iii) The plan shall provide for a determination 
                of any additional assets to which the child may be 
                entitled, including civil judgments, inheritances, or 
                earnings, and shall provide for the assets to be 
                conserved as described in clause (i) of this 
                subparagraph.
                    ``(iv) Any funds conserved in accordance with the 
                plan shall be used to supplement and not supplant any 
                other Federal funds or programs that may be available 
                for the benefit of the child.
                    ``(v) The plan shall provide that any assets set 
                aside under the plan shall be conserved and 
                inaccessible to the child (except for a use of funds 
                described in item (aa) through (gg) of section 
                1631(a)(2)(F)(ii)(II) of this Act, or for another use 
                approved by the Secretary as being in the best 
                interests of the child), and placed in the account 
                described in clause (i) of this subparagraph, until the 
                later of the date the child attains 18 years of age or 
                ceases to be under the responsibility of the State, at 
                which time any assets subject to the plan shall be 
                accessible to the child to--
                            ``(I) secure and maintain stable housing;
                            ``(II) pursue educational opportunities, 
                        including job training, vocational training, or 
                        obtain a professional license;
                            ``(III) purchase a vehicle;
                            ``(IV) operate a business;
                            ``(V) pay for employment-related costs, 
                        including the cost of uniforms, insurance, 
                        licenses, or complying with licensing 
                        requirements;
                            ``(VI) pay for medical or health-related 
                        expenses; or
                            ``(VII) pay for any expenses reasonably 
                        expected to assist the child in becoming self-
                        sufficient.
                    ``(B) The State agency shall--
                            ``(i) develop and implement the plan in 
                        collaboration with the child (on an age-
                        appropriate basis), the social worker for the 
                        child, the person acting as the representative 
                        payee for the child pursuant to section 205(j) 
                        or 1631(a)(2) of this Act, and the attorney or 
                        guardian ad litem appointed to represent the 
                        child pursuant to section 106(b)(2)(A)(xiii) of 
                        the Child Abuse Prevention and Treatment Act; 
                        and
                            ``(ii) in developing and implementing the 
                        plan, make reasonable efforts to seek input 
                        from the parents and caretakers of the child.
                    ``(C)(i) Within 60 days after the status of the 
                child is first reviewed pursuant to section 475(5)(B), 
                the State agency shall complete the plan.
                    ``(ii) The State agency shall ensure that each 
                subsequent such review of such status shall include 
                consideration of an updated version of the plan and a 
                report on the progress made in implementing the plan.
                    ``(D)(i) Not later than 30 days before the status 
                of the child is first reviewed pursuant to section 
                475(5)(B) of this Act after completion of the plan, the 
                State agency shall provide a copy of the plan to the 
                attorney or guardian ad litem appointed to represent 
                the child pursuant to section 106(b)(2)(A)(xiii) of the 
                Child Abuse Prevention and Treatment Act.
                    ``(ii) Not later than 30 days before each 
                subsequent such review, the State agency shall provide 
                an updated copy of the plan to the attorney or guardian 
                ad litem so appointed.
                    ``(E)(i) The child may request the plan to be 
                modified in a review of the status of the child 
                pursuant to section 475(5)(B), in a separate hearing, 
                or in a permanency hearing pursuant to section 
                475(5)(C).
                    ``(ii) The plan shall not be treated, in any 
                administrative or judicial review proceeding, as 
                meeting the requirements of this paragraph with respect 
                to a child unless the plan is determined by the 
                reviewer to be the best available means of meeting the 
                current and future needs and educational and employment 
                interests of the child.''.
    (b) Provisions Relating to Representative Payees.--
            (1) Amendments to title ii.--Section 205(j) of such Act (42 
        U.S.C. 405(j)) (as amended by the preceding provisions of this 
        Act) is amended further--
                    (A) by redesignating paragraphs (8), (9), and (10) 
                as paragraphs (9), (10), and (11), respectively; and
                    (B) by inserting after paragraph (7) the following 
                new paragraph:
    ``(8) A representative payee shall manage the benefits paid to the 
representative payee under paragraph (1) on behalf of an individual who 
is in foster care under the responsibility of a State, in accordance 
with the plan developed for the child pursuant to section 
471(a)(35).''.
            (2) Amendment to title xvi.--Section 1631(a)(2) of such Act 
        (42 U.S.C. 1383(a)(2)) is amended by adding at the end the 
        following:
    ``(J) A representative payee shall manage the benefits paid to the 
representative payee under subparagraph (A)(ii) of this paragraph on 
behalf of an individual who is in foster care under the responsibility 
of a State, in accordance with the plan developed for the child 
pursuant to section 471(a)(35).''.
    (c) Exclusion From Resources Under the SSI Program.--Section 
1613(a) of such Act (42 U.S.C. 1382b(a)) is amended--
            (1) by striking ``and'' at the end of paragraph (14);
            (2) by striking the period at the end of paragraph (15) and 
        inserting ``; and''; and
            (3) by inserting after paragraph (15) the following:
            ``(16) any assets managed on behalf of an eligible 
        individual in accordance with a plan developed for the 
        individual pursuant to section 471(a)(35).''.

SEC. 6. SUPPORT AND MAINTENANCE FURNISHED IN CASH OR IN KIND 
              DISREGARDED IN DETERMINING INCOME OF FOSTER CHILDREN 
              UNDER THE SUPPLEMENTAL SECURITY INCOME PROGRAM.

    Section 1612(a)(2)(A) of the Social Security Act (42 U.S.C. 
1382a(a)(2)(A)) is amended--
            (1) by striking ``and'' at the end of clause (ii); and
            (2) by inserting ``, and (iv) clause (i) shall not apply in 
        the case of a child who is in foster care under the 
        responsibility of a State'' before the last semicolon.

SEC. 7. TECHNICAL ASSISTANCE FOR CHILD WELFARE AGENCIES.

    (a) In General.--On request of a State agency responsible for 
administering, or supervising the administration of, a State program 
authorized by part E of title IV of the Social Security Act, the 
Secretary of Health and Human Services shall provide the State agency 
with technical assistance in carrying out the amendments made by this 
Act.
    (b) Limitations on Authorization of Appropriations.--To carry out 
this section, there are authorized to be appropriated $4,500,000 for 
fiscal year 2013, and such sums as may be necessary for each of fiscal 
years 2014 through 2018.

SEC. 8. EFFECTIVE DATES.

    (a) In General.--Except as provided in subsection (b) of this 
section, the amendments made by this Act (other than by section 3(a)) 
shall apply to benefits payable for months beginning after the date of 
the enactment of this Act.
    (b) State Plan Requirements Relating to Plans for Achieving Self-
Support.--
            (1) In general.--The amendments made by section 5(a) of 
        this Act shall take effect on the 1st day of the 1st calendar 
        quarter beginning after the date of the enactment of this Act, 
        and shall apply to payments under part E of title IV of the 
        Social Security Act for calendar quarters beginning after such 
        1st day.
            (2) Delay permitted if state legislation required.--If the 
        Secretary of Health and Human Services determines that State 
        legislation (other than legislation appropriating funds) is 
        required in order for a State plan approved under part E of 
        title IV of the Social Security Act to meet the additional 
        requirements imposed by the amendments made by section 5(a) of 
        this Act, the plan shall not be regarded as failing to meet any 
        of the additional requirements before the 1st day of the 1st 
        calendar quarter beginning after the first regular session of 
        the State legislature that begins after the date of the 
        enactment of this Act. If the State has a 2-year legislative 
        session, each year of the session is deemed to be a separate 
        regular session of the State legislature.
                                 <all>
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