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106-12 November 24, 1999
The Foster Care Independence Act of 1999
On November 18, 1999, the House of Representatives passed H.R. 3443,
the "Foster Care Independence Act of 1999" by unanimous consent. The
Senate passed H.R. 3443, also by unanimous consent, on November 19, 1999.
The bill includes provisions relating to foster care and the OASDI and SSI
programs, and establishes a new title VIII of the Social Security Act for
providing special cash benefits to certain World War II veterans. The
President is expected to sign the bill.
OASDI And SSI PROVISIONS
Title II of the bill includes OASDI and SSI provisions. H.R. 3443
incorporates technical changes suggested by SSA in a previously
House-passed foster care bill, H.R. 1802 (Legislative Bulletin 106-9). A
provision in H.R. 1802 that was not included in H.R. 3443 would have
prohibited OASDI and SSI eligibility based on disability for 10 years if
ex-fugitive or ex-prisoner knowingly fails to notify SSA at time of
(re)application that he or she had received benefits erroneously while in
prison or knowingly fails to comply with scheduled repayment of
overpayment. Following are descriptions of the provisions in H.R. 3443
relating to SSA-administered programs and a summary of the foster care
provisions.
Liability of Representative Payees for Overpayment to Deceased
Recipients (Section 201)
Recovery of Overpayments of SSI Benefits From Lump Sum SSI Benefit
Payments (Section 202)
Additional Debt Collection Practices (Section 203)
- Extends to the SSI program all of the debt collection authorities
currently available for the collection of overpayments under the OASDI
program.
Applies to overpayment amounts that are outstanding on or after the
date of enactment. Requirement To Provide State Prisoner Information to
Federal and Federally Assisted Benefit Programs (Section 204)
- Requires the Commissioner to provide, on a reimbursable basis,
information obtained under agreements with institutions for reporting
prisoners to Federal or federally assisted cash, food, or medical
assistance programs.
Effective upon enactment.
Treatment of Assets Held in Trust Under the SSI Program (Section
205)
Disposal of Resources for Less Than Fair Market Value Under the SSI
Program (Section 206)
Administrative Procedure for Imposing Penalties for False or
Misleading Statement (Section 207)
Exclusion of Representatives and Health Care Providers Convicted of
Violations From Participation in Social Security Disability Programs
(Section 208)
State Data Exchanges (Section 209)
Study on Possible Measures To Improve Fraud Prevention and
Administrative Processing (Section 210)
Annual Report on Amounts Necessary To Combat Fraud (Section
211)Requires SSA to include in its annual budget an itemization of
the amount of funds required to support efforts to combat fraud by
applicants and beneficiaries. Effective with respect to annual budgets for
fiscal years after fiscal year 1999.
Computer Matches with Medicare and Medicaid Institutionalization Data
(Section 212)
Access to Information Held by Financial Institutions (Section
213)
Special Benefits for Certain World War II Veterans (Section 251)
- Establishes a new title VIII of the Social Security Act, that would
entitle every individual who is a "qualified individual" to a monthly
benefit paid by the Commissioner of Social Security for each month after
September 2000 (or sooner, if administratively feasible) that such
individual resides outside of the 50 States, District of Columbia, and
the Northern Mariana Islands. A "qualified individual" is defined as an
individual: who is a World War II veteran aged 65 or older who is
eligible for SSI in both the month of enactment and the month in which
he or she files an application for the special benefits; whose total
"benefit income" is less than 75 percent of the SSI Federal benefit rate
(FBR); who has filed an application for special benefits; and, who is
fully compliant with all other requirements for special benefits imposed
by the Commissioner.
- Provides that the amount of the special benefit for a month would be
an amount equal to 75 percent of the SSI FBR, minus the amount of the
individual's "benefit income" for such month. "Benefit income" is any
recurring payment received by an individual as an annuity, pension,
retirement or disability benefit, but only if it were received during
the 12-month period immediately preceding an individual's application
for special benefits.
- Authorizes the Commissioner to prescribe regulations to make
administrative arrangements necessary to carry out the special benefit
program. Also authorizes the Commissioner to determine when and how
benefits would be paid, and provides the authority for redetermining
eligibility and suspending and terminating benefits under specified
conditions.
- Appropriates such sums as necessary to carry out the special benefit
program beginning with fiscal year 2000.
- Also makes conforming amendments for reimbursing the Social Security
trust funds for administrative expenses, adding the special benefit
program to the programs under the auspices of the Social Security
Advisory Board, making civil monetary penalty provisions applicable to
the special benefit program, and authorizing recovery of SSI and OASDI
overpayments from special benefits.
Study of Denial of SSI Benefits for Family Farmers (Section 261)
- Requires the Commissioner to study the reasons why family farmers
with resources of under $100,000 are denied SSI benefits, including
whether the deeming policies discriminate against family farmers. The
study would include the number of family farmers who have been denied
benefits in each of the past 10 years. The Commissioner is required to
submit a report to the House Ways and Means Committee and Senate Finance
Committee with the results of the study within 1 year.
FOSTER CARE PROVISIONS
- Title I of the bill provides States with flexible funding to help
children who are likely to "age out" of foster care at age 18 to obtain
employment or continue their education. States would promote the
self-sufficiency of these young people by providing assistance in
obtaining a high school diploma, post-secondary education, career
exploration, housing, vocational training, job placement and retention,
training in budgeting, substance abuse prevention education, and
education in preventive health measures including smoking avoidance,
nutrition education, and pregnancy prevention.
- Title I also increases the current-law resource limit of $1,000 to
$10,000 for the purpose of determining a child's eligibility for Federal
foster care payments.
- Changes in the Medicaid law permits States to provide Medicaid
coverage to those 18-, 19-, and 20-year olds who have left foster care.
States would also be permitted to use means testing to provide Medicaid
to former foster care youths if their income and resources are below
certain specified levels.
- Title I of the bill increases funding for adoption incentive
payments.
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