Sec. 8. Directing agencies to inform people with disabilities about ABLE accounts
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/bill/119/s/4498/is/section-8·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Beginning 180 days after the date of enactment of this Act, the Commissioner of Social Security shall provide the information described in paragraph
(3)to any individual who is receiving any of the following on or after such date: A supplemental security income benefit under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ). A disability insurance benefit under section 223 of the Social Security Act ( 42 U.S.C. 423 ). A monthly insurance benefit under section 202 of the Social Security Act ( 42 U.S.C. 402 ) based on such individual's disability (as defined in section 223(d) of such Act ( 42 U.S.C. 423(d) )). Beginning 180 days after the date of enactment of this Act, the Commissioner of Social Security shall, in addition to providing the information described in paragraph
(3)in accordance with paragraph (1), provide such information to any individual receiving a benefit described in paragraph (1)— whenever such individual's eligibility for such benefit is redetermined; and whenever such individual is found to have received an overpayment of such benefits due to the individual having resources that exceed the amount established under subparagraph
(A)or
(B)of section 1611(a)(3) of the Social Security Act ( 42 U.S.C. 1382(a)(3) ), as applicable to the individual. The information described in this paragraph is the following: Information on the existence of— qualified ABLE programs as defined in section 529A of the Internal Revenue Code of 1986; and resources for people with disabilities, such as the ABLE National Resource Center, the National Association of State Treasurers, and ABLE Today. Instructions on how to open an ABLE account (as defined in section 529A of the Internal Revenue Code of 1986). Chapter 63 of title 38, United States Code, is amended by adding at the end the following new section: The Secretary shall inform each veteran and eligible dependent who participates in or receives benefits or services through a program carried out under the laws administered by the Secretary about the existence of qualified ABLE programs and resources for people with disabilities, such as the ABLE National Resource Center, the National Association of State Treasurers, and ABLE Today, at the time such veteran or eligible dependent first participates in or receives such benefit or service through such program. In this section: The term eligible dependent has the meaning given that term in section 6301(b) of this title. The term qualified ABLE program has the meaning given that term in section 529A of the Internal Revenue Code of 1986. . The table of sections at the beginning of chapter 63 of such title is amended by adding at the end the following new item: 6321. ABLE programs. . In this subsection, the term covered housing program means— the program for supportive housing for persons with disabilities under section 811 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013 ); and the tenant-based assistance program under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ). The Secretary of Housing and Urban Development shall ensure that when a family or an individual enrolls in a covered housing program or otherwise begins to occupy housing assisted by a covered housing program, the family or individual is informed about— the existence of qualified ABLE programs as defined in section 529A of the Internal Revenue Code of 1986; and resources for people with disabilities, such as the ABLE National Resource Center, the National Association of State Treasurers, and ABLE Today. Section 8503(d) of title 41, United States Code, is amended— in paragraph (1), by striking and at the end; in paragraph (2), by striking the period at the end and inserting ; and ; and by adding at the end the following: shall provide regulations providing that, when a qualified nonprofit agency that produces a product or services for the Federal Government under subsection
(c)enrolls an individual in a program to produce the product or services, the agency shall inform the individual about— the existence of qualified ABLE programs as defined in section 529A of the Internal Revenue Code of 1986; and resources for people with disabilities, such as the ABLE National Resource Center, the National Association of State Treasurers, and ABLE Today. . Section 1902(a) of the Social Security Act ( 42 U.S.C. 1396a(a) ) is amended— in paragraph (88), by striking ; and and inserting a semicolon; in paragraph (89), by striking the period at the end and inserting ; and ; and by inserting after paragraph
(89)the following new paragraph: provide that the State will inform any individual who enrolls for medical assistance under the State plan (or under a waiver of such plan) about the existence of qualified ABLE programs as defined in section 529A of the Internal Revenue Code of 1986, and resources for people with disabilities, such as the ABLE National Resources Center, the National Association of State Treasurers, and ABLE Today, when they first enroll for such assistance. . Section 2107(e)(1) of the Social Security Act ( 42 U.S.C. 1397gg(e)(1) ) is amended— by redesignating subparagraphs
(I)through
(W)as subparagraphs
(J)through (X), respectively; and by inserting after subparagraph
(H)the following new subparagraph: Section 1902(a)(90) (relating to the provision of information about ABLE accounts to individuals when they first enroll for medical assistance). . The amendments made by this subsection shall take effect on the date that is 180 days after the date of enactment of this Act. Section 408(a) of the Social Security Act ( 42 U.S.C. 608(a) ) is amended by adding at the end the following new paragraph: Beginning 180 days after the date of enactment of the ABLE Awareness Act, a State to which a grant is made under section 403 shall provide information about the existence of qualified ABLE programs as defined in section 529A of the Internal Revenue Code of 1986, and resources for people with disabilities, such as the ABLE National Resources Center, the National Association of State Treasurers, and ABLE Today, to any family receiving or applying for assistance under such grant. . Section 402(a)(1)(B) of the Social Security Act ( 42 U.S.C. 602(a)(1)(B) ) is amended by adding at the end the following new clause: The document shall include information about how the State will provide information about qualified ABLE programs to individuals as required under section 408(a)(13). . Each State shall inform people with disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 )) about the existence of qualified ABLE programs (as defined in section 529A of the Internal Revenue Code of 1986), and resources for people with disabilities, such as the ABLE National Resource Center, the National Association of State Treasurers, and ABLE Today, on enrollment in any means-tested nutrition assistance program of the Department of Agriculture or the Department of Defense, including— the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ); and the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ). Section 101(a) of the Rehabilitation Act of 1973 ( 29 U.S.C. 721(a) ) is amended by adding at the end the following: The State plan shall provide that, when an individual with a disability (as defined in section 7(20)(A)) enrolls in a vocational rehabilitation program, the designated State unit shall inform the person about— the existence of qualified ABLE programs as defined in section 529A of the Internal Revenue Code of 1986; and resources for individuals with disabilities, such as the ABLE National Resource Center, the National Association of State Treasurers, and ABLE Today. . Beginning 180 days after the date of enactment of this Act, the Secretary of Health and Human Services shall provide the information described in subsection (a)(3)(A) to any individual entitled to benefits under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) by reason of section 1811(2) of such Act ( 42 U.S.C. 1395c(2) ) at the time such individual becomes entitled to such benefits. Section 642(b) of the Head Start Act ( 42 U.S.C. 9837(b) ) is amended by adding at the end the following: When a child is enrolled by the Head Start agency, inform the child's family about— the existence of qualified ABLE programs as defined in section 529A of the Internal Revenue Code of 1986; and resources for individuals with disabilities, such as the ABLE National Resource Center, the National Association of State Treasurers, and ABLE Today. . Section 645A(b) of the Head Start Act ( 42 U.S.C. 9840a(b) ) is amended— by redesignating paragraph
(12)as paragraph (13); and by inserting after paragraph
(11)the following: when a child is enrolled by the entity, inform the child's family about— the existence of qualified ABLE programs as defined in section 529A of the Internal Revenue Code of 1986; and resources for individuals with disabilities, such as the ABLE National Resource Center, the National Association of State Treasurers, and ABLE Today; and . Section 612(a) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1412(a) ) is amended by adding at the end the following: The parents of each child receiving special education and related services under this part or early intervening services under section 613(f) are provided with information regarding— the existence of qualified ABLE programs as defined in section 529A of the Internal Revenue Code of 1986; and resources for individuals with disabilities, such as the ABLE National Resource Center, the National Association of State Treasurers, and ABLE Today. . Section 635(a) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1435(a) ) is amended by adding at the end the following: Policies and procedures to ensure that the parents of each infant or toddler with a disability who receives early intervention services under this part are provided with information regarding— the existence of qualified ABLE programs as defined in section 529A of the Internal Revenue Code of 1986; and resources for individuals with disabilities, such as the ABLE National Resource Center, the National Association of State Treasurers, and ABLE Today. .
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U.S. Code
- Statement of purpose; authorization of appropriations§ 1381
- Disability insurance benefit payments§ 423
- Old-age and survivors insurance benefit payments§ 402
- Eligibility for benefits§ 1382
- Supportive housing for persons with disabilities§ 8013
- Low-income housing assistance§ 1437f
- State plans for medical assistance§ 1396a
- Strategic objectives and performance goals; plan administration§ 1397gg
- Prohibitions; requirements§ 608
- Eligible States; State plan§ 602
- Definition of disability§ 12102
- Congressional declaration of policy§ 2011
- Special supplemental nutrition program for women, infants, and children§ 1786
- State plans§ 721
- Prohibition against any Federal interference§ 1395
- Description of program§ 1395c
- Powers and functions of Head Start agencies§ 9837
- Early Head Start programs§ 9840a
- State eligibility§ 1412
- Requirements for statewide system§ 1435
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Sec. 8
Directing agencies to inform people with disabilities about ABLE accounts
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