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 im-
prove 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 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’’. 
VerDate Mar 15 2010 
02:11 Sep 25, 2010
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6192.IH
H6192
sroberts on DSK3CLS3C1PROD with BILLS
SEC. 2. LIMITATION ON USE OF SOCIAL SECURITY OR SUP-
PLEMENTAL SECURITY INCOME BENEFITS 
PAID TO REPRESENTATIVE PAYEES ON BE-
HALF OF FOSTER CHILDREN FOR STATE 
COSTS. 
(a) AMENDMENTS TO TITLE II.— 
(1) EXCEPTION TO PROHIBITION ON ASSIGN-
MENTS, 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 sub-
section with respect an individual who is in foster care 
VerDate Mar 15 2010 
02:11 Sep 25, 2010
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6192.IH
H6192
sroberts on DSK3CLS3C1PROD with BILLS
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 re-
imburse the State for— 
‘‘(I) foster care maintenance payments made 
pursuant to section 472, or 
‘‘(II) other payments made by the State or po-
litical 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 con-
sidered a cost or expense for purposes of clause (i) of this 
subparagraph. 
‘‘(iii) In any case in which the State or local govern-
ment 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 por-
tion of such benefit shall be available for such reimburse-
ment only to the extent that such amount is made avail-
able to supplement, and not to replace, any amounts oth-
VerDate Mar 15 2010 
02:11 Sep 25, 2010
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6192.IH
H6192
sroberts on DSK3CLS3C1PROD with BILLS
erwise 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 agen-
cy or the State or local government and may be applied 
only so as to increase funding for foster care services pro-
vided 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 ‘sub-
section 
(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: 
VerDate Mar 15 2010 
02:11 Sep 25, 2010
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6192.IH
H6192
sroberts on DSK3CLS3C1PROD with BILLS
‘‘(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 subpara-
graph to reimburse the 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 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 con-
sidered a cost or expense for purposes of subclause (II) 
of this clause. 
‘‘(IV) In any case in which the State or local govern-
ment 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 para-
graph would be available under the provisions of this para-
graph (other than this subclause) to reimburse govern-
ment costs in connection with the foster care, any amount 
VerDate Mar 15 2010 
02:11 Sep 25, 2010
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6192.IH
H6192
sroberts on DSK3CLS3C1PROD with BILLS
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 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 
(32); 
(2) by striking the period at the end of para-
graph (33) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(34) provides that, not later than the begin-
ning 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 re-
ferred to in paragraph (2) of this subsection shall— 
VerDate Mar 15 2010 
02:11 Sep 25, 2010
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6192.IH
H6192
sroberts on DSK3CLS3C1PROD with BILLS
‘‘(A) develop and implement procedures to 
ensure that, within 60 days after the status of 
a child who is in foster care under the responsi-
bility 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 deter-
mine the potential eligibility of the child for 
benefits under title II and for supplemental se-
curity income benefits under title XVI; 
‘‘(B) if the screening results in a deter-
mination that the child is potentially eligible for 
any of such benefits— 
‘‘(i) provide the child with assistance 
in applying for, and (if necessary) appeal-
ing any decisions made with respect to, the 
benefits; and 
‘‘(ii) if there is no other suitable can-
didate available, apply to become the rep-
resentative payee for the child with respect 
to the benefits; and 
‘‘(C) develop and implement procedures to 
ensure that any such child who is potentially el-
igible for, or is a recipient of, benefits under 
VerDate Mar 15 2010 
02:11 Sep 25, 2010
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6192.IH
H6192
sroberts on DSK3CLS3C1PROD with BILLS
title II or supplemental security income benefits 
under title XVI, is assisted with applying for 
such benefits 90 days before the child exits fos-
ter 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 responsi-
bility of the States for their potential eligibility 
for benefits under title II of the Social Security 
Act and for supplemental security income bene-
fits 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. 
VerDate Mar 15 2010 
02:11 Sep 25, 2010
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6192.IH
H6192
sroberts on DSK3CLS3C1PROD with BILLS
(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 
REP-
RESENTATIVE 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 pro-
vided 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 pro-
VerDate Mar 15 2010 
02:11 Sep 25, 2010
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6192.IH
H6192
sroberts on DSK3CLS3C1PROD with BILLS
vided 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 SUPPLE-
MENTAL 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 para-
graph (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 sup-
plemental security income benefits under title XVI, 
the State agency shall develop a plan, developed spe-
cifically 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: 
VerDate Mar 15 2010 
04:21 Sep 25, 2010
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6192.IH
H6192
sroberts on DSK3CLS3C1PROD with BILLS
‘‘(A)(i) The plan shall set forth a strategy 
to conserve benefits not necessary for the imme-
diate 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 deter-
mination 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 deter-
mination 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 pro-
VerDate Mar 15 2010 
02:11 Sep 25, 2010
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H6192.IH
H6192
sroberts on DSK3CLS3C1PROD with BILLS
grams 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 sub-
paragraph, 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 acces-
sible to the child to— 
‘‘(I) secure and maintain stable hous-
ing; 
‘‘(II) pursue educational opportuni-
ties, 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, insur-
VerDate Mar 15 2010 
02:11 Sep 25, 2010
Jkt 089200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H6192.IH
H6192
sroberts on DSK3CLS3C1PROD with BILLS
ance, licenses, or complying with licensing 
requirements; 
‘‘(VI) pay for medical or health-re-
lated expenses; or 
‘‘(VII) pay for any expenses reason-
ably expected to assist the child in becom-
ing 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 rep-
resentative payee for the child pursuant to 
section 205(j) or 1631(a)(2) of this Act, 
and the attorney or guardian ad litem ap-
pointed 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 
VerDate Mar 15 2010 
02:11 Sep 25, 2010
Jkt 089200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H6192.IH
H6192
sroberts on DSK3CLS3C1PROD with BILLS
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 at-
torney 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 sepa-
rate hearing, or in a permanency hearing pur-
suant to section 475(5)(C). 
VerDate Mar 15 2010 
02:11 Sep 25, 2010
Jkt 089200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H6192.IH
H6192
sroberts on DSK3CLS3C1PROD with BILLS
‘‘(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 deter-
mined 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 fur-
ther— 
(A) by redesignating paragraphs (8), (9), 
and (10) as paragraphs (9), (10), and (11), re-
spectively; 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 re-
sponsibility of a State, in accordance with the plan devel-
oped for the child pursuant to section 471(a)(35).’’. 
VerDate Mar 15 2010 
02:11 Sep 25, 2010
Jkt 089200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H6192.IH
H6192
sroberts on DSK3CLS3C1PROD with BILLS
(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 ac-
cordance 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 para-
graph (15) and inserting ‘‘; and’’; and 
(3) by inserting after paragraph (15) the fol-
lowing: 
‘‘(16) any assets managed on behalf of an eligi-
ble individual in accordance with a plan developed 
for the individual pursuant to section 471(a)(35).’’. 
VerDate Mar 15 2010 
02:11 Sep 25, 2010
Jkt 089200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H6192.IH
H6192
sroberts on DSK3CLS3C1PROD with BILLS
SEC. 6. SUPPORT AND MAINTENANCE FURNISHED IN CASH 
OR IN KIND DISREGARDED IN DETERMINING 
INCOME OF FOSTER CHILDREN UNDER THE 
SUPPLEMENTAL 
SECURITY 
INCOME 
PRO-
GRAM. 
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 re-
sponsible for administering, or supervising the administra-
tion 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 tech-
nical assistance in carrying out the amendments made by 
this Act. 
(b) LIMITATIONS
ON AUTHORIZATION
OF APPRO-
PRIATIONS.—To carry out this section, there are author-
ized to be appropriated $4,500,000 for fiscal year 2013, 
VerDate Mar 15 2010 
02:11 Sep 25, 2010
Jkt 089200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H6192.IH
H6192
sroberts on DSK3CLS3C1PROD with BILLS
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 re-
VerDate Mar 15 2010 
04:21 Sep 25, 2010
Jkt 089200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H6192.IH
H6192
sroberts on DSK3CLS3C1PROD with BILLS
garded as failing to meet any of the additional re-
quirements 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 leg-
islative session, each year of the session is deemed 
to be a separate regular session of the State legisla-
ture. 
Æ 
VerDate Mar 15 2010 
02:11 Sep 25, 2010
Jkt 089200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6301
E:\BILLS\H6192.IH
H6192
sroberts on DSK3CLS3C1PROD with BILLS