Sec. 103. PROTECTING BENEFICIARIES THROUGH INFORMATION SHARING
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## SEC. 103 PROTECTING BENEFICIARIES THROUGH INFORMATION SHARING ###
(a)Information Sharing To Determine State Foster Care Status ####
(1)In general Section 205(j) of the Social Security Act (42 U.S.C. 405(j)) is amended by adding at the end the following: > > #### “(11) > > > #####
(A)> > The Commissioner of Social Security shall— > > > ###### “(i) > > enter into agreements with each State with a plan approved under part E of title IV for the purpose of sharing and matching data, on an automated monthly basis, in the system of records of the Social Security Administration with each Statewide and Tribal Automated Child Welfare Information System to identify represented minor beneficiaries who are in foster care under the responsibility of the State for such month; and > > > ###### “(ii) > > in any case in which a represented minor beneficiary has entered or exited foster care or changed foster care placement in such month, redetermine the appropriate representative payee for such individual. > > > ##### “(B) > > For purposes of this paragraph— > > > ###### “(i) > > the term ‘State’ has the meaning given such term for purposes of part E of title IV; > > > ###### “(ii) > > the term ‘Statewide and Tribal Automated Child Welfare Information System’ means a statewide mechanized data collection and information retrieval system described in section 474(a)(3)(C); and > > > ###### “(iii) > > the term ‘represented minor beneficiary’, with respect to an individual for a month, means a child (as defined for purposes of section 475(8)) entitled to benefits under this title for such month whose benefits are certified for payment to a representative payee.” > . ####
(2)Conforming change Section 471(a)(8)(A) of the Social Security Act (42 U.S.C. 671(a)(8)(A)) is amended by inserting “the program established by title II,” after “XX,”. ####
(3)GAO study and report #####
(A)Evaluation As soon as possible after the date of the enactment of this Act, the Comptroller General shall evaluate— ######
(i)the number of represented minor beneficiaries in foster care under the responsibility of a State for each month during the previous year; ######
(ii)whether the representative payee for each represented minor beneficiary is— ######
(I)a governmental child welfare agency; ######
(II)an organizational payee that is not a governmental child welfare agency; ######
(III)a foster parent or child-care institution (within the meaning of part E of title IV); or ######
(IV)another individual; and ######
(iii)whether funds were conserved, used for direct expenses of the minor beneficiary, or used to reimburse the State for foster care maintenance costs. #####
(B)Report to congress Not later than 36 months after the date of enactment of this Act, the Comptroller General shall submit to Congress a report on the results of the evaluation required under subparagraph (A). #####
(C)Definitions For purposes of this paragraph— ######
(i)the term “State” has the meaning given such term for purposes of part E of title IV of the Social Security Act; and ######
(ii)the term “represented minor beneficiary”, with respect to an individual for a month, means a child (as defined for purposes of section 475(8) of the Social Security Act) entitled to benefits under title II of such Act for such month whose benefits are certified for payment to a representative payee. ####
(4)Effective date **[**[42 U.S.C. 405 note](/us/usc/t42/s405)**]** #####
(A)In general The amendments made by this subsection shall apply with respect to months beginning on or after the date that is 1 year after the date of the enactment of this Act. #####
(B)Exception if state legislation required In the case of a State plan under part E of title IV of the Social Security Act that the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendments made under this subsection, such plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. ###
(b)Improving Coordination With Adult Protective Services ####
(1)In general The Commissioner of Social Security shall study and test the administrative feasibility of improving information sharing, in partnership with State agencies that provide adult protective services, with respect to— #####
(A)the assessment of an individual’s need for a representative payee in connection with benefits to which the individual is entitled under title II or title XVI of the Social Security Act; and #####
(B)oversight of individuals and organizations serving as representative payees. ####
(2)Report Not later than June 30, 2022, the Commissioner of Social Security shall conclude the study described in paragraph
(1)and submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on the results of such study. ###
(c)Study on Potential To Coordinate With State Courts ####
(1)In general The Commissioner of Social Security shall enter into an agreement with the Administrative Conference of the United States to conduct a study that includes— #####
(A)an overview of potential opportunities for information sharing between the Social Security Administration and State courts and relevant State agencies; #####
(B)a detailed analysis of the barriers to such information sharing, including any Federal or State statutory barriers; #####
(C)a description of how such information sharing would be implemented, including any additional infrastructure needed; and #####
(D)a description of any risks or other factors that the Social Security Administration and the Congress should consider before implementing such information sharing. ####
(2)Report Not later than June 30, 2020, the Commissioner of Social Security shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate and make publicly available a report on the results of the study conducted under paragraph (1).
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