I 

110TH CONGRESS 

1ST SESSION H. R. 1104 

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 

FEBRUARY 15, 2007 

Mr. STARK (for himself, Mr. MCDERMOTT, Mr. GEORGE MILLER of California, Ms. BORDALLO, Mr. GRIJALVA, Mrs. CAPPS, Ms. WOOLSEY, and 

Ms. DELAURO) 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. BAN ON USE OF SOCIAL SECURITY OR SUPPLE2 MENTAL SECURITY INCOME BENEFITS PAID 

3 TO REPRESENTATIVE PAYEES ON BEHALF OF 

4 FOSTER CHILDREN FOR STATE COSTS. 

5 (a) AMENDMENTS TO TITLE II.—Section 205(j)(9) 

6 of the Social Security Act (42 U.S.C. 405(j)(9)) is amend7 ed— 

8 (1) by inserting ‘‘(A)’’ after ‘‘(9)’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(B)(i) A representative payee shall not use any ben11 efits paid to the representative payee pursuant to para12 graph (1) to reimburse a State for— 

13 ‘‘(I) foster care maintenance payments made 

14 pursuant to section 472, or 

15 ‘‘(II) other payments made by a State or polit16 ical subdivision of a State to cover maintenance ex17 penses for an individual who is in foster care under 

18 the responsibility of the State. 

19 ‘‘(ii) A fee charged in accordance with paragraph 

20 (4)(A)(i) or section 1631(a)(2)(D) shall not be considered 

21 a maintenance expense for purposes of clause (i) of this 

22 subparagraph.’’. 

23 (b) AMENDMENTS TO TITLE XVI.—Section 

24 1631(a)(2)(A)(iv) of such Act (42 U.S.C. 

25 1383(a)(2)(A)(iv)) is amended— 

26 (1) by inserting ‘‘(I)’’ after ‘‘(iv)’’; 


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1 (2) by adding ‘‘and’’ at the end; and 

2 (3) by adding after and below the end the fol3 lowing: 

4 ‘‘(II) A representative payee of an individual or eligi5 ble spouse shall not use any benefits paid to the represent6 ative payee pursuant to clause (ii) of this subparagraph 

7 to reimburse a State for— 

8 ‘‘(aa) foster care maintenance payments made 

9 pursuant to section 472; or 

10 ‘‘(bb) other payments made by a State or polit11 ical subdivision of a State to cover maintenance ex12 penses for an individual who is in foster care under 

13 the responsibility of the State. 

14 ‘‘(III) A fee charged in accordance with subpara15 graph (D) of this paragraph or section 205(j)(4)(A)(i) 

16 shall not be considered a maintenance expense for pur17 poses of subclause (II) of this clause.’’. 

18 SEC. 3. SCREENING OF FOSTER CHILDREN FOR ELIGI19 BILITY FOR SOCIAL SECURITY AND SUPPLE20 MENTAL SECURITY INCOME BENEFITS. 

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

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

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

24 (26); 


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1 (2) by striking the period at the end of para2 graph (27) and inserting ‘‘; and’’; and 

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

4 ‘‘(28) provides that, not later than the begin5 ning of the 1st calendar quarter that begins after 

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

7 encatment of this paragraph, the State agency re8 ferred to in paragraph (2) of this subsection shall— 

9 ‘‘(A) develop and implement procedures to 

10 ensure that, within 60 days after the status of 

11 a child who is in foster care under the responsi12 bility of the State is first reviewed pursuant to 

13 section 475(5)(B), the child is screened to de14 termine the potential eligibility of the child for 

15 benefits under title II and for supplemental se16 curity income benefits under title XVI; and 

17 ‘‘(B) if the screening results in a deter18 mination that the child is potentially eligible for 

19 any of such benefits— 

20 ‘‘(i) provide the child with assistance 

21 in applying for, and (if necessary) appeal22 ing any decisions made with respect to, the 

23 benefits; and 

24 ‘‘(ii) if there is no other suitable can25 didate available, apply to become the repVerDate Aug 31 2005 03:48 Feb 22, 2007 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1104.IH H1104

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1 resentative payee for the child with respect 

2 to the benefits.’’. 

3 (b) GAO STUDY.— 

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

5 date of the enactment of this Act, the Comptroller 

6 General of the United States shall conduct a study 

7 to determine whether the States have substantially 

8 complied with the amendments made by this section, 

9 including specifically whether the States have— 

10 (A) established successful procedures that 

11 screen all foster children under the responsi12 bility of the States for their potential eligibility 

13 for benefits under title II of the Social Security 

14 Act and for supplemental security income bene15 fits under title XVI of such Act; 

16 (B) provided all such potentially eligible 

17 foster children assistance in applying for, and 

18 appealing decisions made with respect to, the 

19 benefits; and 

20 (C) implemented procedures to identify 

21 suitable nongovernmental candidates to serve as 

22 representative payees for children in foster care 

23 with respect to the benefits. 

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

25 after completing the study required by paragraph 


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

2 Congress a written report that contains the results 

3 of the study. 

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

5 FOR FOSTER CHILD OF DETERMINATION TO 

6 PAY SOCIAL SECURITY OR SUPPLEMENTAL 

7 SECURITY INCOME BENEFITS TO REP8 RESENTATIVE PAYEE. 

9 (a) AMENDMENT TO TITLE II.—Section 

10 205(j)(2)(E)(ii) of the Social Security Act (42 U.S.C. 

11 405(j)(2)(E)(ii)) is amended by inserting ‘‘, except that, 

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

13 the responsibility of a State, such notice shall also be pro14 vided to the attorney or guardian ad litem appointed to 

15 represent the individual pursuant to section 

16 106(b)(2)(A)(xiii) of the Child Abuse Prevention and 

17 Treatment Act’’ before the period. 

18 (b) AMENDMENT TO TITLE XVI.—Section 

19 1631(a)(2)(B)(xii) of such Act (42 U.S.C. 

20 1383(a)(2)(B)(xii) is amended by inserting ‘‘, except that, 

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

22 the responsibility of a State, such notice shall also be pro23 vided to the attorney or guardian ad litem appointed to 

24 represent the individual pursuant to section 


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1 106(b)(2)(A)(xiii) of the Child Abuse Prevention and 

2 Treatment Act’’ before the period. 

3 SEC. 5. MANAGEMENT OF SOCIAL SECURITY AND SUPPLE4 MENTAL SECURITY INCOME BENEFITS FOR 

5 FOSTER CHILDREN. 

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

7 471(a) of the Social Security Act (42 U.S.C. 671(a)), as 

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

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

10 (27); 

11 (2) by striking the period at the end of para12 graph (28) and inserting ‘‘; and’’; and 

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

14 ‘‘(29) provides that, with respect to each child 

15 in foster care under the responsibility of the State 

16 who is a recipient of benefits under title II or sup17 plemental security income benefits under title XVI, 

18 the State agency shall develop a plan, developed spe19 cifically for the child, which is designed to best meet 

20 the current and future needs of the individual and 

21 enable the child to achieve self-support after leaving 

22 foster care, in accordance with the following: 

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

24 to conserve benefits not necessary for the imme25 diate needs of the child, determined as provided 


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

2 in a manner that best meets the future needs 

3 and educational and employment interests of 

4 the child. 

5 ‘‘(ii) The plan shall provide for a deter6 mination as to whether the child has immediate 

7 needs for which the benefits should be used 

8 consistent with sections 205(j)(10)(B) 

9 and1631(a)(2)(A)(iv)(II). 

10 ‘‘(iii) The plan shall provide that, if the 

11 child ceases to be under the responsibility of the 

12 State, any assets set aside under the plan shall 

13 be conserved and inaccessible to the child, ex14 cept for a use of funds described in item (aa) 

15 through (gg) of section 1631(a)(2)(F)(ii)(II) of 

16 this Act, or for another use approved by the 

17 Secretary as being in the best interests of the 

18 child, until the child attains 18 years of age at 

19 which time any assets subject to the plan shall 

20 be distributed to the child. 

21 ‘‘(B) The State agency shall— 

22 ‘‘(i) develop and implement the plan 

23 in collaboration with the child (on an age24 appropriate basis), the social worker for 

25 the child, the person acting as the repVerDate Aug 31 2005 03:48 Feb 22, 2007 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1104.IH H1104

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1 resentative payee for the child pursuant to 

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

3 and the attorney or guardian ad litem ap4 pointed to represent the child pursuant to 

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

6 Abuse Prevention and Treatment Act; and 

7 ‘‘(ii) in developing and implementing 

8 the plan, make reasonable efforts to seek 

9 input from the parents and caretakers of 

10 the child. 

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

12 the child is first reviewed pursuant to section 

13 475(5)(B), the State agency shall complete the 

14 plan. 

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

16 each subsequent such review of such status 

17 shall include consideration of an updated 

18 version of the plan and a report on the progress 

19 made in implementing the plan. 

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

21 status of the child is first reviewed pursuant to 

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

23 of the plan, the State agency shall provide a 

24 copy of the plan to the attorney or guardian ad 

25 litem appointed to represent the child pursuant 


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

2 Prevention and Treatment Act. 

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

4 subsequent such review, the State agency shall 

5 provide an updated copy of the plan to the at6 torney or guardian ad litem so appointed. 

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

8 be modified in a review of the status of the 

9 child pursuant to section 475(5)(B), in a sepa10 rate hearing, or in a permanency hearing pur11 suant to section 475(5)(C). 

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

13 administrative or judicial review proceeding, as 

14 meeting the requirements of this paragraph 

15 with respect to a child unless the plan is deter16 mined by the reviewer to be the best available 

17 means of meeting the current and future needs 

18 and educational and employment interests of 

19 the child.’’. 

20 (b) PROVISIONS RELATING TO REPRESENTATIVE

21 PAYEES.— 

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

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

24 preceding provisions of this Act) is amended fur25 ther— 


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

2 and (10) as paragraphs (9), (10), and (11), 

3 repectively; and 

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

5 following new paragraph: 

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

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

8 behalf of an individual who is in foster care under the re9 sponsibility of a State, in accordance with the plan devel10 oped for the child pursuant to section 471(a)(26).’’. 

11 (2) AMENDMENT TO TITLE XVI.—Section 

12 1631(a)(2) of such Act (42 U.S.C. 1383(a)(2)) is 

13 amended by adding at the end the following: 

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

15 paid to the representative payee under subparagraph 

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

17 is in foster care under the responsibility of a State, in ac18 cordance with the plan developed for the child pursuant 

19 to section 471(a)(26).’’. 

20 (c) EXCLUSION FROM RESOURCES UNDER THE SSI 

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

22 1382b(a)) is amended— 

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

24 (14); 


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1 (2) by striking the period at the end of para2 graph (15) and inserting ‘‘; and’’; and 

3 (3) by inserting after paragraph (15) the fol4 lowing: 

5 ‘‘(16) any assets managed on behalf of an eligi6 ble individual in accordance with a plan developed 

7 for the individual pursuant to section 471(a)(26).’’. 

8 SEC. 6. SUPPORT AND MAINTENANCE FURNISHED IN CASH 

9 OR IN KIND DISREGARDED IN DETERMINING 

10 INCOME OF FOSTER CHILDREN UNDER THE 

11 SUPPLEMENTAL SECURITY INCOME PRO12 GRAM. 

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

14 U.S.C. 1382a(a)(2)(A)) is amended— 

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

16 and 

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

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

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

20 seimcolon. 

21 SEC. 7. EFFECTIVE DATES. 

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

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

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


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1 for months beginning after the date of the enactment of 

2 this Act. 

3 (b) STATE PLAN REQUIREMENTS RELATING TO

4 PLANS FOR ACHIEVING SELF-SUPPORT.— 

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

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

7 day of the 1st calendar quarter beginning after the 

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

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

10 Security Act for calendar quarters beginning after 

11 such 1st day. 

12 (2) DELAY PERMITTED IF STATE LEGISLATION

13 REQUIRED.—If the Secretary of Health and Human 

14 Services determines that State legislation (other 

15 than legislation appropriating funds) is required in 

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

17 IV of the Social Security Act to meet the additional 

18 requirements imposed by the amendments made by 

19 section 5(a) of this Act, the plan shall not be re20 garded as failing to meet any of the additional re21 quirements before the 1st day of the 1st calendar 

22 quarter beginning after the first regular session of 

23 the State legislature that begins after the date of the 

24 enactment of this Act. If the State has a 2-year leg25 islative session, each year of the session is deemed 


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1 to be a separate regular session of the State legisla2 ture. 

Æ 


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