No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10478 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 10478
To ensure that foster children are able to use their Social Security
benefits, Supplemental Security Income benefits, and other assets and
benefits to address their needs and improve their lives.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 18, 2024
Mr. 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
benefits, Supplemental Security Income benefits, and other assets and
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
Act''.
SEC. 2. LIMITATION ON USE FOR STATE COSTS OF BENEFITS PAID TO STATE OR
LOCAL GOVERNMENT ACTING AS A REPRESENTATIVE PAYEE FOR A
FOSTER CHILD.
(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) For purposes of this subsection, misuse of benefits by a
State or local government agency serving as a representative payee
under this subsection for an individual in foster care under the
responsibility of the State occurs in any case in which the State or
local government agency uses any benefits paid to the representative
payee pursuant to paragraph (1) of this subsection or any other law or
any other property of, or held for the benefit of, the individual,
for--
``(I) foster care maintenance payments under section 472;
or
``(II) other payments made by the State or a political
subdivision of the State to cover any other cost or expense for
the individual other than to meet unmet current needs described
in section 471(a)(39).
``(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)(II) 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)''; and
(2) by adding after and below the end the following:
``(II)(aa) For purposes of this paragraph, misuse of benefits by a
State or local government agency serving as a representative payee
under this subsection for an eligible individual in foster care under
the responsibility of the State occurs in any case in which the State
or local government agency uses any benefits paid to the representative
payee pursuant to clause (ii) of this subparagraph or any other law or
any other property of, or held for the benefit of, the individual,
for--
``(AA) foster care maintenance payments under section 472;
or
``(BB) other payments made by the State or a political
subdivision of the State to cover any other cost or expense for
the individual other than to meet unmet current needs described
in section 471(a)(39).
``(bb) 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 item (aa)(BB) of this subclause.''.
(c) Amendments to Part E of Title IV.--Section 471(a) of such 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
(3) by adding at the end the following:
``(38)(A) provides that neither the State nor a local
government in the State may use any benefits paid to the State
or local government on behalf of an individual in foster care
under the responsibility of the State, or any other assets,
resources, or earnings of such an individual, for--
``(i) foster care maintenance payments under
section 472; or
``(ii) other payments made by the State or a
political subdivision of the State to cover any other
cost or expense for the individual other than to meet
unmet current needs described in paragraph (39).
``(B) An expense described in section 205(j)(4)(A)(i) or
1631(a)(2)(D) shall not be considered a cost or expense for
purposes of subparagraph (A)(ii) of this paragraph.''.
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)), as amended by section 2(c) 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, not later than the beginning of the
first calendar quarter that begins after the 1-year (or, if
State legislation is required to comply with this paragraph, 2-
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
annually thereafter, 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, apply for, and (if necessary) appeal any
decisions made with respect to, the benefits within 60
days;
``(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 180 days (or, if the child has attained 17 years
of age, 1 year) before the child exits foster care; and
``(D) provide for the appropriate transfer of any
such benefits application for a child who is returning
home or moving out of State to ensure that the
application for benefits is not disrupted by the return
or move.''.
(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 complete a study to determine whether the States
have substantially complied with the amendments made by this
section and to develop recommendations to improve the
compliance, 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 and the recommendations referred to in
paragraph (1).
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--
(1) by striking ``In'' and inserting ``On application for
the appointment of a person to be a representative payee under
paragraph (1), on making the initial and final determinations
on such an application, on receipt of an appeal of any such
determination, and in''; and
(2) 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 any attorney or guardian ad litem appointed to
represent the individual in any foster care proceeding or
proceeding in which a decision referred to in section
422(b)(8)(B) may be made, any parent of the individual, any
relative with custody or legal guardianship of the child, and,
if the individual has attained 14 years of age, to the
individual'' before the period at the end.
(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--
(1) by striking ``In'' and inserting ``On application for
the appointment of a person to be a representative payee under
subparagraph (A)(ii), on making the initial and final
determinations on such an application, on receipt of an appeal
of any such determination, and in''; and
(2) 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 any attorney or guardian ad litem appointed to
represent the individual in any foster care proceeding or
proceeding in which a decision referred to in section
422(b)(8)(B) may be made, any parent of the individual, any
relative with custody or legal guardianship of the child, and,
if the individual has attained 14 years of age, to the
individual'' before the period at the end.
SEC. 5. MANAGEMENT OF ASSETS AND BENEFITS FOR FOSTER YOUTH.
(a) Plan for Managing Assets and Benefits for Foster Youth.--
Section 471(a) of the Social Security Act (42 U.S.C. 671(a)), as
amended by sections 2(c) and 3(a) of this Act, is amended--
(1) by striking ``and'' at the end of paragraph (38);
(2) by striking the period at the end of paragraph (39) and
inserting ``; and''; and
(3) by adding at the end the following:
``(40) provides that, with respect to each child in foster
care under the responsibility of the State on whose behalf the
State manages any assets or Federal, State, or local benefits,
the State agency shall do the following:
``(A) Develop a plan, developed specifically for
the child, that is designed to best meet the unmet
current and future needs of the child that are not
covered by assistance available from the Federal,
State, and local governments, that stabilizes the
child, in accordance with the following:
``(i)(I) The plan shall set forth a
strategy to conserve benefits not necessary for
the immediate unmet needs of the child,
determined as provided for pursuant to clause
(ii) of this subparagraph, in a manner that
best meets the future health, educational,
housing, financial, and employment needs of the
child, and for the placement of any such
benefits in 1 or more accounts that are not
subject to any asset limits under title XVI of
this Act, such as--
``(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) a trust exempt from resource
limitations under section 1613 of this
Act;
``(dd) an individual development
account established pursuant to Federal
or State law; or
``(ee) another 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 ensure that a
reasonable amount of the assets of the child
are available for the child's immediate unmet
personal 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), if applicable.
``(III) The plan shall provide for a
determination of any additional assets, or
benefits for current or former foster youth, 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, State, or local
funds or programs that are or become available
for the benefit of the child.
``(V) The plan shall provide that any
assets set aside under the plan shall be
conserved (except for a use of funds described
in items (aa) through (gg) of section
1631(a)(2)(F)(ii)(II)), and placed in an
account described in subclause (I) of this
clause, until the date the child ceases to be
in foster care 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) if the
child has attained 14 years of age, and
any attorney or guardian ad litem
appointed to represent the individual
in any foster care proceeding or
proceeding in which a decision referred
to in section 422(b)(8)(B) may be made;
and
``(II) provide plan information to
the social worker for the child and 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) after completion of the
plan, the State agency shall provide a copy of
the plan to any attorney or guardian ad litem
appointed to represent the individual in any
foster care proceeding or proceeding in which a
decision referred to in section 422(b)(8)(B)
may be made.
``(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 State agency shall create a
simple process by which the child, parent,
relative caregiver, or attorney or guardian ad
litem appointed to represent the individual in
any foster care proceeding or proceeding in
which a decision referred to in section
422(b)(8)(B) may be made may request the plan
to be modified to meet needs of the child, and
for expedited consideration of any such
request.
``(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 health, educational, housing, financial,
and employment needs 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 that are not covered by
assistance available from the Federal, State, and local
governments.''.
(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)(40).''.
(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)(40).''.
SEC. 6. SHARING OF INFORMATION ABOUT BENEFIT PAYMENTS MADE TO
REPRESENTATIVE PAYEES AND ANY PART OF WHICH HAS BEEN
PROVIDED TO A STATE.
Section 471(a) of the Social Security Act (42 U.S.C. 671(a)), as
amended by sections 2(c), 3(a), and 5(a) of this Act, is amended--
(1) by striking ``and'' at the end of paragraph (39);
(2) by striking the period at the end of paragraph (40) and
inserting ``; and''; and
(3) by adding at the end the following:
``(41) provides that the State shall have in effect an
agreement entered into pursuant to section 205(j)(12) that
includes a provision for the sharing of information about
benefits under title II or XVI that have been paid to
representative payees and the portion, if any, of such benefit
payments that have been provided to, or intercepted by, the
State''.
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, in consultation with the
Commissioner of Social Security, 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 unmet needs of the
children.
(b) Limitations on Authorization of Appropriations.--In addition to
any amounts otherwise made available to carry out this section, there
are authorized to be appropriated to carry out this section $4,500,000
for fiscal year 2025, and such sums as may be necessary for each of
fiscal years 2026 through 2030.
SEC. 8. ANNUAL NOTICE OF STATE USE OF FOSTER YOUTH ASSETS.
Section 471(a) of the Social Security Act (42 U.S.C. 671(a)), as
amended by sections 2(c), 3(a), 5(a), and 6 of this Act, is amended--
(1) by striking ``and'' at the end of paragraph (40);
(2) by striking the period at the end of paragraph (41) and
inserting ``; and''; and
(3) by adding at the end the following:
``(42) provides that the State agency shall--
``(A) within 1 year after the effective date of
this paragraph, provide each child in foster care under
the responsibility of the State with an accounting of
all assets of, and all amounts payable to or for the
benefit of, the child that the State used for
maintenance or care of the child, which accounting
shall specify the source of each asset or amount so
used, the amount so used, and the purpose for which the
amount or asset was so used;
``(B) annually thereafter, provide each child who,
at any time in the then preceding 12-month period, was
in foster care under the responsibility of the State,
with such an accounting with respect to all such assets
and amounts so used in the 12-month period; and
``(C) on request of any individual who was in
foster care under the responsibility of the State for
such an accounting, provide the child with the
accounting.''.
SEC. 9. SIMPLIFYING ADMINISTRATIVE REIMBURSEMENT FOR CARETAKER TRAINING
COSTS.
Section 474(a)(3)(B) of the Social Security Act (42 U.S.C.
674(a)(3)(B)) is amended by striking ``receiving assistance'' and
inserting ``without regard to whether the child is eligible for a
benefit''.
SEC. 10. ADJUSTMENT OF FEDERAL SHARE OF ADMINISTRATIVE EXPENSES FOR
MANAGING FOSTER YOUTH BENEFITS ELIGIBILITY.
Section 474(a)(3) of the Social Security Act (42 U.S.C. 674(a)(3))
is amended--
(1) in subparagraph (C)(iv), by striking ``and'' at the
end;
(2) in subparagraph (D), by striking ``and'' at the end;
and
(3) by redesignating subparagraph (E) as subparagraph (F)
and inserting after subparagraph (D) the following:
``(E) 75 percent of the total amounts expended
during such quarter under paragraphs (39) and (40) of
section 471(a) for children in foster care under the
responsibility of the State, without regard to whether
the child is eligible for a benefit funded under this
part; and''.
SEC. 11. EFFECTIVE DATES.
(a) Amendments to Title II or XVI of the Social Security Act.--The
amendments made by sections 2(a), 2(b), 4, and 5(b) of this Act shall
apply to benefits payable for months beginning after the later of--
(1) the date the Commissioner of Social Security prescribes
rules to implement the amendment; or
(2) 1 year after the date of the enactment of this Act.
(b) State Plan Requirements Relating to Plans for Managing Assets
and Benefits for Foster Youth and Sharing of Information About Benefit
Payments Made to Representative Payees and Any Part of Which Has Been
Provided to a State.--
(1) In general.--The amendments made by sections 5(a) and 6
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) or
6 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>
Introduced in House
Introduced in House
Referred to the House Committee on Ways and Means.
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