[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9654 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 9654
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
December 21, 2022
Mr. Danny K. Davis of Illinois (for himself and Mr. Raskin) 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 ``Protecting Foster Youth Resources to
Promote Self-Sufficiency 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.--Section 205(j)(9) of the Social
Security Act (42 U.S.C. 405(j)(9)) is amended--
(1) by inserting ``(A)'' after ``(9)''; and
(2) 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 to an
individual who is in foster care under the responsibility of the State
shall not use 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.''.
(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)'';
(2) by adding ``and'' at the end; and
(3) 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 to an eligible
individual who is in foster care under the responsibility of the State
shall not use any benefits paid to the representative payee 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.''.
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 (36)(D);
(2) by striking the period at the end of paragraph (37) and
inserting ``; and''; and
(3) by adding at the end the following:
``(38) provides that, not later than the beginning of the
first 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 not later
than 120 days (or, if the child has attained 17 years
of age, 1 year) before the child exits foster care.''.
(b) GAO Study.--
(1) In general.--Within 4 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 or in a legal guardianship, such notice
shall also be provided to the attorney or guardian ad litem appointed
to represent the individual pursuant to section 106(b)(2)(B)(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 or in a legal guardianship, such notice shall
also be provided to the attorney or guardian ad litem appointed to
represent the individual pursuant to section 106(b)(2)(B)(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 (37);
(2) by striking the period at the end of paragraph (38) and
inserting ``; and''; and
(3) by adding at the end the following:
``(39) provides that, with respect to each child in foster
care under the responsibility of the State and on whose behalf
the State receives benefits under title II or supplemental
security income benefits under title XVI, the State agency
shall--
``(A) 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:
``(i)(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--
``(aa) an account of the type
described in section 1631(a)(2)(F) of
this Act;
``(bb) an ABLE account established
under section 529A of the Internal
Revenue Code of 1986;
``(cc) an individual development
account established pursuant to Federal
or State law; or
``(dd) such other account in which
benefits for the child may be conserved
in a manner that the State determines,
consistent with this paragraph, is in
the best interests of the child.
``(II) The plan shall provide for a
determination as to whether the child has
immediate needs for which the benefits should
be used to serve the best interests of the
child 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 part
of the plan as described in clause (i).
``(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 items (aa)
through (gg) of section 1631(a)(2)(F)(ii)(II),
or for another use approved by the Secretary as
being in the best interests of the child), and
placed in an 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.
``(ii) 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)(B)(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.
``(iii)(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.
``(iv)(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)(B)(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.
``(v)(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) assist the child in developing a plan to
manage the benefits so as to meet the current and
future needs of the child; and
``(C) provide the child financial literacy
training, including regarding budgeting, saving,
investing, managing credit, student loans, consumer
debt and installment purchasing (including credit
scoring, managing credit debt, and completing a loan
application), banking (including balancing a checkbook,
opening a deposit account, and the use of interest
rates), State and Federal income taxation, personal
insurance policies, identity theft security, and home
ownership (including the basic process of obtaining a
mortgage and the concepts of fixed and adjustable rate
mortgages, subprime loans, and predatory lending).''.
(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), (10),
(11), and (12) as paragraphs (9), (10), (11), (12), and
(13), respectively; and
(B) by inserting after paragraph (7) the following
new paragraph:
``(8) A representative payee who is a State 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 the
State, in accordance with the plan developed for the child pursuant to
section 471(a)(39).''.
(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 who is a State 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 the State, in accordance with the plan developed
for the child pursuant to section 471(a)(39).''.
(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 (16);
(2) by striking the period at the end of paragraph (17) and
inserting ``; and''; and
(3) by inserting after paragraph (17) the following:
``(18) any assets managed on behalf of an eligible
individual in accordance with a plan developed for the
individual pursuant to section 471(a)(39).''.
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, including guidance for informing non-State representative payees
of children in foster care under the responsibility of the State who
are recipients of benefits under title II of such Act or supplemental
security income benefits under title XVI of such Act of the
availability of appropriate savings vehicles for any part of the
benefits not required to meet the immediate needs of the children.
(b) Limitations on Authorization of Appropriations.--To carry out
this section, there are authorized to be appropriated $4,500,000 for
fiscal year 2023, and such sums as may be necessary for each of fiscal
years 2024 through 2028.
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 first day of the first
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 first 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 first day of the
first 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>