Directing agencies to inform people with disabilities about ABLE accounts
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(a) Social Security Administration (1) In general 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) A supplemental security income benefit under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.). (B) A disability insurance benefit under section 223 of the Social Security Act (42 U.S.C. 423). (C) 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))). (2) Provision of information upon redetermination or overpayment 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)— (A) whenever such individual's eligibility for such benefit is redetermined; and (B) 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. (3) Information on ABLE accounts The information described in this paragraph is the following: (A) Information on the existence of— (i) qualified ABLE programs as defined in section 529A of the Internal Revenue Code of 1986; and (ii) resources for people with disabilities, such as the ABLE National Resource Center, the National Association of State Treasurers, and ABLE Today. (B) Instructions on how to open an ABLE account (as defined in section 529A of the Internal Revenue Code of 1986). (b) Department of Veterans Affairs (1) In general Chapter 63 of title 38, United States Code, is amended by adding at the end the following new section: 6321. ABLE programs (a) In general 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. (b) Definitions In this section: (1) Eligible dependent The term eligible dependent has the meaning given that term in section 6301(b) of this title. (2) Qualified ABLE program The term qualified ABLE program has the meaning given that term in section 529A of the Internal Revenue Code of 1986.. (2) Clerical amendment 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.. (c) Department of Housing and Urban Development (1) Definition In this subsection, the term covered housing program means— (A) 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 (B) the tenant-based assistance program under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)). (2) Requirement 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— (A) the existence of qualified ABLE programs as defined in section 529A of the Internal Revenue Code of 1986; and (B) resources for people with disabilities, such as the ABLE National Resource Center, the National Association of State Treasurers, and ABLE Today. (d) Chapter 85 of title 41, United states code Section 8503(d) of title 41, United States Code, is amended— (1) in paragraph (1), by striking and at the end; (2) in paragraph (2), by striking the period at the end and inserting; and; and (3) by adding at the end the following: (3) 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— (A) the existence of qualified ABLE programs as defined in section 529A of the Internal Revenue Code of 1986; and (B) resources for people with disabilities, such as the ABLE National Resource Center, the National Association of State Treasurers, and ABLE Today.. (e) State Medicaid and CHIP agencies (1) Medicaid Section 1902(a) of the Social Security Act (42 U.S.C. 1396a(a)) is amended— (A) in paragraph (88), by striking; and and inserting a semicolon; (B) in paragraph (89), by striking the period at the end and inserting; and; and (C) by inserting after paragraph (89) the following new paragraph: (90) 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.. (2) CHIP Section 2107(e)(1) of the Social Security Act (42 U.S.C. 1397gg(e)(1)) is amended— (A) by redesignating subparagraphs (I) through (W) as subparagraphs (J) through (X), respectively; and (B) by inserting after subparagraph (H) the following new subparagraph: (I) Section 1902(a)(90) (relating to the provision of information about ABLE accounts to individuals when they first enroll for medical assistance).. (3) Effective date The amendments made by this subsection shall take effect on the date that is 180 days after the date of enactment of this Act. (f) State TANF agencies (1) In general 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: (13) State requirement to provide information about ABLE accounts 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.. (2) State plan requirement 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: (vi) 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).. (g) Nutrition assistance programs 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— (1) the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); and (2) 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). (h) Rehabilitation Act of 1973 Section 101(a) of the Rehabilitation Act of 1973 (29 U.S.C. 721(a)) is amended by adding at the end the following: (27) Information on ABLE programs 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— (A) the existence of qualified ABLE programs as defined in section 529A of the Internal Revenue Code of 1986; and (B) resources for individuals with disabilities, such as the ABLE National Resource Center, the National Association of State Treasurers, and ABLE Today.. (i) Medicare 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. (j) Head Start Act (1) Head Start programs Section 642(b) of the Head Start Act (42 U.S.C. 9837(b)) is amended by adding at the end the following: (17) When a child is enrolled by the Head Start agency, inform the child's family about— (A) the existence of qualified ABLE programs as defined in section 529A of the Internal Revenue Code of 1986; and (B) resources for individuals with disabilities, such as the ABLE National Resource Center, the National Association of State Treasurers, and ABLE Today.. (2) Early Head Start programs Section 645A(b) of the Head Start Act (42 U.S.C. 9840a(b)) is amended— (A) by redesignating paragraph (12) as paragraph (13); and (B) by inserting after paragraph (11) the following: (12) when a child is enrolled by the entity, inform the child's family about— (A) the existence of qualified ABLE programs as defined in section 529A of the Internal Revenue Code of 1986; and (B) resources for individuals with disabilities, such as the ABLE National Resource Center, the National Association of State Treasurers, and ABLE Today; and. (k) Individuals with Disabilities Act (1) In general 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: (26) Information on ABLE programs 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— (A) the existence of qualified ABLE programs as defined in section 529A of the Internal Revenue Code of 1986; and (B) resources for individuals with disabilities, such as the ABLE National Resource Center, the National Association of State Treasurers, and ABLE Today.. (2) Infants and toddlers with disabilities program 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: (17) 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— (A) the existence of qualified ABLE programs as defined in section 529A of the Internal Revenue Code of 1986; and (B) resources for individuals with disabilities, such as the ABLE National Resource Center, the National Association of State Treasurers, and ABLE Today..