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 Cali-
fornia, 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. 
Be it enacted by the Senate and House of Representa-
tives 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’’. 
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SEC. 2. BAN ON USE OF SOCIAL SECURITY OR SUPPLE-
MENTAL SECURITY INCOME BENEFITS PAID 
TO REPRESENTATIVE PAYEES ON BEHALF OF 
FOSTER CHILDREN FOR STATE COSTS. 
(a) AMENDMENTS TO TITLE II.—Section 205(j)(9) 
of the Social Security Act (42 U.S.C. 405(j)(9)) is amend-
ed— 
(1) by inserting ‘‘(A)’’ after ‘‘(9)’’; and 
(2) by adding at the end the following: 
‘‘(B)(i) A representative payee shall not use any ben-
efits paid to the representative payee pursuant to para-
graph (1) to reimburse a State for— 
‘‘(I) foster care maintenance payments made 
pursuant to section 472, or 
‘‘(II) other payments made by a State or polit-
ical subdivision of a State to cover maintenance ex-
penses for an individual who is in foster care under 
the responsibility of the State. 
‘‘(ii) A fee charged in accordance with paragraph 
(4)(A)(i) or section 1631(a)(2)(D) shall not be considered 
a maintenance expense for purposes of clause (i) of this 
subparagraph.’’. 
(b) 
AMENDMENTS
TO
TITLE
XVI.—Section 
1631(a)(2)(A)(iv) 
of 
such 
Act 
(42 
U.S.C. 
1383(a)(2)(A)(iv)) is amended— 
(1) by inserting ‘‘(I)’’ after ‘‘(iv)’’; 
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(2) by adding ‘‘and’’ at the end; and 
(3) by adding after and below the end the fol-
lowing: 
‘‘(II) A representative payee of an individual or eligi-
ble spouse shall not use any benefits paid to the represent-
ative payee pursuant to clause (ii) of this subparagraph 
to reimburse a State for— 
‘‘(aa) foster care maintenance payments made 
pursuant to section 472; or 
‘‘(bb) other payments made by a State or polit-
ical subdivision of a State to cover maintenance ex-
penses for an individual who is in foster care under 
the responsibility of the State. 
‘‘(III) A fee charged in accordance with subpara-
graph (D) of this paragraph or section 205(j)(4)(A)(i) 
shall not be considered a maintenance expense for pur-
poses of subclause (II) of this clause.’’. 
SEC. 3. SCREENING OF FOSTER CHILDREN FOR ELIGI-
BILITY FOR SOCIAL SECURITY AND SUPPLE-
MENTAL 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 
(26); 
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