I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting Foster 

5 Youth Resources Act’’. 


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1 SEC. 2. LIMITATION ON USE FOR STATE COSTS OF BENE2 FITS PAID TO STATE OR LOCAL GOVERN3 MENT ACTING AS A REPRESENTATIVE PAYEE 

4 FOR A FOSTER CHILD. 

5 (a) AMENDMENTS TO TITLE II.—Section 205(j)(9) 

6 of the Social Security Act (42 U.S.C. 405(j)(9)) is amend7 ed— 

8 (1) by inserting ‘‘(A)’’ after ‘‘(9)’’; and 

9 (2) by adding at the end the following: 

10 ‘‘(B)(i) For purposes of this subsection, misuse of 

11 benefits by a State or local government agency serving as 

12 a representative payee under this subsection for an indi13 vidual in foster care under the responsibility of the State 

14 occurs in any case in which the State or local government 

15 agency uses any benefits paid to the representative payee 

16 pursuant to paragraph (1) of this subsection or any other 

17 law or any other property of, or held for the benefit of, 

18 the individual, for— 

19 ‘‘(I) foster care maintenance payments under 

20 section 472; or 

21 ‘‘(II) other payments made by the State or a 

22 political subdivision of the State to cover any other 

23 cost or expense for the individual other than to meet 

24 unmet current needs described in section 

25 471(a)(39). 


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1 ‘‘(ii) An expense described in paragraph (4)(A)(i) of 

2 this subsection or section 1631(a)(2)(D) shall not be con3 sidered a cost or expense for purposes of clause (i)(II) of 

4 this subparagraph.’’. 

5 (b) AMENDMENTS TO TITLE XVI.—Section 

6 1631(a)(2)(A)(iv) of such Act (42 U.S.C. 

7 1383(a)(2)(A)(iv)) is amended— 

8 (1) by inserting ‘‘(I)’’ after ‘‘(iv)’’; and 

9 (2) by adding after and below the end the fol10 lowing: 

11 ‘‘(II)(aa) For purposes of this paragraph, misuse of 

12 benefits by a State or local government agency serving as 

13 a representative payee under this subsection for an eligible 

14 individual in foster care under the responsibility of the 

15 State occurs in any case in which the State or local gov16 ernment agency uses any benefits paid to the representa17 tive payee pursuant to clause (ii) of this subparagraph or 

18 any other law or any other property of, or held for the 

19 benefit of, the individual, for— 

20 ‘‘(AA) foster care maintenance payments under 

21 section 472; or 

22 ‘‘(BB) other payments made by the State or a 

23 political subdivision of the State to cover any other 

24 cost or expense for the individual other than to meet 


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1 unmet current needs described in section 

2 471(a)(39). 

3 ‘‘(bb) An expense described in subparagraph (D) of 

4 this paragraph or section 205(j)(4)(A)(i) shall not be con5 sidered a cost or expense for purposes of item (aa)(BB) 

6 of this subclause.’’. 

7 (c) AMENDMENTS TO PART E OF TITLE IV.—Section 

8 471(a) of such Act (42 U.S.C. 671(a)) is amended— 

9 (1) by striking ‘‘and’’ at the end of paragraph 

10 (36)(D); 

11 (2) by striking the period at the end of para12 graph (37); and 

13 (3) by adding at the end the following: 

14 ‘‘(38)(A) provides that neither the State nor a 

15 local government in the State may use any benefits 

16 paid to the State or local government on behalf of 

17 an individual in foster care under the responsibility 

18 of the State, or any other assets, resources, or earn19 ings of such an individual, for— 

20 ‘‘(i) foster care maintenance payments 

21 under section 472; or 

22 ‘‘(ii) other payments made by the State or 

23 a political subdivision of the State to cover any 

24 other cost or expense for the individual other 


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1 than to meet unmet current needs described in 

2 paragraph (39). 

3 ‘‘(B) An expense described in section 

4 205(j)(4)(A)(i) or 1631(a)(2)(D) shall not be consid5 ered a cost or expense for purposes of subparagraph 

6 (A)(ii) of this paragraph.’’. 

7 SEC. 3. SCREENING OF FOSTER CHILDREN FOR ELIGI8 BILITY FOR SOCIAL SECURITY AND SUPPLE9 MENTAL SECURITY INCOME BENEFITS. 

10 (a) STATE PLAN REQUIREMENT.—Section 471(a) of 

11 the Social Security Act (42 U.S.C. 671(a)), as amended 

12 by section 2(c) of this Act, is amended— 

13 (1) by striking ‘‘and’’ at the end of paragraph 

14 (37); 

15 (2) by striking the period at the end of para16 graph (38) and inserting ‘‘; and’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(39) provides that, not later than the begin19 ning of the first calendar quarter that begins after 

20 the 1-year (or, if State legislation is required to 

21 comply with this paragraph, 2-year) period that be22 gins with the date of the enactment of this para23 graph, the State agency referred to in paragraph (2) 

24 of this subsection shall— 


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1 ‘‘(A) develop and implement procedures to 

2 ensure that, within 60 days after the status of 

3 a child who is in foster care under the responsi4 bility of the State is first reviewed pursuant to 

5 section 475(5)(B) and annually thereafter, the 

6 child is screened to determine the potential eli7 gibility of the child for benefits under title II 

8 and for supplemental security income benefits 

9 under title XVI; 

10 ‘‘(B) if the screening results in a deter11 mination that the child is potentially eligible for 

12 any of such benefits, apply for, and (if nec13 essary) appeal any decisions made with respect 

14 to, the benefits within 60 days; 

15 ‘‘(C) develop and implement procedures to 

16 ensure that any such child who is potentially el17 igible for, or is a recipient of, benefits under 

18 title II or supplemental security income benefits 

19 under title XVI, is assisted with applying for 

20 such benefits not later than 180 days (or, if the 

21 child has attained 17 years of age, 1 year) be22 fore the child exits foster care; and 

23 ‘‘(D) provide for the appropriate transfer 

24 of any such benefits application for a child who 

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1 sure that the application for benefits is not dis2 rupted by the return or move.’’. 

3 (b) GAO STUDY.— 

4 (1) IN GENERAL.—Within 4 years after the 

5 date of the enactment of this Act, the Comptroller 

6 General of the United States shall complete a study 

7 to determine whether the States have substantially 

8 complied with the amendments made by this section 

9 and to develop recommendations to improve the 

10 compliance, including specifically whether the States 

11 have— 

12 (A) established successful procedures that 

13 screen all foster children under the responsi14 bility of the States for their potential eligibility 

15 for benefits under title II of the Social Security 

16 Act and for supplemental security income bene17 fits under title XVI of such Act; 

18 (B) provided all such potentially eligible 

19 foster children assistance in applying for, and 

20 appealing decisions made with respect to, the 

21 benefits; and 

22 (C) implemented procedures to identify 

23 suitable nongovernmental candidates to serve as 

24 representative payees for children in foster care 

25 with respect to the benefits. 


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1 (2) REPORT TO THE CONGRESS.—Within 1 year 

2 after completing the study required by paragraph 

3 (1), the Comptroller General shall submit to the 

4 Congress a written report that contains the results 

5 of the study and the recommendations referred to in 

6 paragraph (1). 

7 SEC. 4. NOTICE TO ATTORNEY OR GUARDIAN AD LITEM 

8 FOR FOSTER CHILD OF DETERMINATION TO 

9 PAY SOCIAL SECURITY OR SUPPLEMENTAL 

10 SECURITY INCOME BENEFITS TO REP11 RESENTATIVE PAYEE. 

12 (a) AMENDMENT TO TITLE II.—Section 

13 205(j)(2)(E)(ii) of the Social Security Act (42 U.S.C. 

14 405(j)(2)(E)(ii)) is amended— 

15 (1) by striking ‘‘In’’ and inserting ‘‘On applica16 tion for the appointment of a person to be a rep17 resentative payee under paragraph (1), on making 

18 the initial and final determinations on such an appli19 cation, on receipt of an appeal of any such deter20 mination, and in’’; and 

21 (2) by inserting ‘‘, except that, in the case of 

22 an individual who is in foster care under the respon23 sibility of a State or in a legal guardianship, such 

24 notice shall also be provided to any attorney or 

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1 vidual in any foster care proceeding or proceeding in 

2 which a decision referred to in section 422(b)(8)(B) 

3 may be made, any parent of the individual, any rel4 ative with custody or legal guardianship of the child, 

5 and, if the individual has attained 14 years of age, 

6 to the individual’’ before the period at the end. 

7 (b) AMENDMENT TO TITLE XVI.—Section 

8 1631(a)(2)(B)(xii) of such Act (42 U.S.C. 

9 1383(a)(2)(B)(xii)) is amended— 

10 (1) by striking ‘‘In’’ and inserting ‘‘On applica11 tion for the appointment of a person to be a rep12 resentative payee under subparagraph (A)(ii), on 

13 making the initial and final determinations on such 

14 an application, on receipt of an appeal of any such 

15 determination, and in’’; and 

16 (2) by inserting ‘‘, except that, in the case of 

17 an individual who is in foster care under the respon18 sibility of a State or in a legal guardianship, such 

19 notice shall also be provided to any attorney or 

20 guardian ad litem appointed to represent the indi21 vidual in any foster care proceeding or proceeding in 

22 which a decision referred to in section 422(b)(8)(B) 

23 may be made, any parent of the individual, any rel24 ative with custody or legal guardianship of the child, 


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1 and, if the individual has attained 14 years of age, 

2 to the individual’’ before the period at the end. 

3 SEC. 5. MANAGEMENT OF ASSETS AND BENEFITS FOR FOS4 TER YOUTH. 

5 (a) PLAN FOR MANAGING ASSETS AND BENEFITS

6 FOR FOSTER YOUTH.—Section 471(a) of the Social Secu7 rity Act (42 U.S.C. 671(a)), as amended by sections 2(c) 

8 and 3(a) of this Act, is amended— 

9 (1) by striking ‘‘and’’ at the end of paragraph 

10 (38); 

11 (2) by striking the period at the end of para12 graph (39) and inserting ‘‘; and’’; and 

13 (3) by adding at the end the following: 

14 ‘‘(40) provides that, with respect to each child 

15 in foster care under the responsibility of the State 

16 on whose behalf the State manages any assets or 

17 Federal, State, or local benefits, the State agency 

18 shall do the following: 

19 ‘‘(A) Develop a plan, developed specifically 

20 for the child, that is designed to best meet the 

21 unmet current and future needs of the child 

22 that are not covered by assistance available 

23 from the Federal, State, and local governments, 

24 that stabilizes the child, in accordance with the 

25 following: 


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1 ‘‘(i)(I) The plan shall set forth a 

2 strategy to conserve benefits not necessary 

3 for the immediate unmet needs of the 

4 child, determined as provided for pursuant 

5 to clause (ii) of this subparagraph, in a 

6 manner that best meets the future health, 

7 educational, housing, financial, and em8 ployment needs of the child, and for the 

9 placement of any such benefits in 1 or 

10 more accounts that are not subject to any 

11 asset limits under title XVI of this Act, 

12 such as— 

13 ‘‘(aa) an account of the type de14 scribed in section 1631(a)(2)(F) of 

15 this Act; 

16 ‘‘(bb) an ABLE account estab17 lished under section 529A of the In18 ternal Revenue Code of 1986; 

19 ‘‘(cc) a trust exempt from re20 source limitations under section 1613 

21 of this Act; 

22 ‘‘(dd) an individual development 

23 account established pursuant to Fed24 eral or State law; or 


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1 ‘‘(ee) another account in which 

2 benefits for the child may be con3 served in a manner that the State de4 termines, consistent with this para5 graph, is in the best interests of the 

6 child. 

7 ‘‘(II) The plan shall ensure that a 

8 reasonable amount of the assets of the 

9 child are available for the child’s imme10 diate unmet personal needs for which the 

11 benefits should be used to serve the best 

12 interests of the child consistent with sec13 tions 205(j)(10)(B) and 

14 1631(a)(2)(A)(iv)(II), if applicable. 

15 ‘‘(III) The plan shall provide for a de16 termination of any additional assets, or 

17 benefits for current or former foster youth, 

18 to which the child may be entitled, includ19 ing civil judgments, inheritances, or earn20 ings, and shall provide for the assets to be 

21 conserved as part of the plan as described 

22 in clause (i). 

23 ‘‘(IV) Any funds conserved in accord24 ance with the plan shall be used to supple25 ment and not supplant any other Federal, 


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1 State, or local funds or programs that are 

2 or become available for the benefit of the 

3 child. 

4 ‘‘(V) The plan shall provide that any 

5 assets set aside under the plan shall be 

6 conserved (except for a use of funds de7 scribed in items (aa) through (gg) of sec8 tion 1631(a)(2)(F)(ii)(II)), and placed in 

9 an account described in subclause (I) of 

10 this clause, until the date the child ceases 

11 to be in foster care under the responsibility 

12 of the State. 

13 ‘‘(ii) The State agency shall— 

14 ‘‘(I) develop and implement the 

15 plan in collaboration with the child 

16 (on an age-appropriate basis) if the 

17 child has attained 14 years of age, 

18 and any attorney or guardian ad litem 

19 appointed to represent the individual 

20 in any foster care proceeding or pro21 ceeding in which a decision referred to 

22 in section 422(b)(8)(B) may be made; 

23 and 


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1 ‘‘(II) provide plan information to 

2 the social worker for the child and the 

3 parents and caretakers of the child. 

4 ‘‘(iii)(I) Within 60 days after the sta5 tus of the child is first reviewed pursuant 

6 to section 475(5)(B), the State agency 

7 shall complete the plan. 

8 ‘‘(II) The State agency shall ensure 

9 that each subsequent such review of such 

10 status shall include consideration of an up11 dated version of the plan and a report on 

12 the progress made in implementing the 

13 plan. 

14 ‘‘(iv)(I) Not later than 30 days before 

15 the status of the child is first reviewed 

16 pursuant to section 475(5)(B) after com17 pletion of the plan, the State agency shall 

18 provide a copy of the plan to any attorney 

19 or guardian ad litem appointed to rep20 resent the individual in any foster care 

21 proceeding or proceeding in which a deci22 sion referred to in section 422(b)(8)(B) 

23 may be made. 

24 ‘‘(II) Not later than 30 days before 

25 each subsequent such review, the State 


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1 agency shall provide an updated copy of 

2 the plan to the attorney or guardian ad 

3 litem so appointed. 

4 ‘‘(v)(I) The State agency shall create 

5 a simple process by which the child, par6 ent, relative caregiver, or attorney or 

7 guardian ad litem appointed to represent 

8 the individual in any foster care proceeding 

9 or proceeding in which a decision referred 

10 to in section 422(b)(8)(B) may be made 

11 may request the plan to be modified to 

12 meet needs of the child, and for expedited 

13 consideration of any such request. 

14 ‘‘(II) The plan shall not be treated, in 

15 any administrative or judicial review pro16 ceeding, as meeting the requirements of 

17 this paragraph with respect to a child un18 less the plan is determined by the reviewer 

19 to be the best available means of meeting 

20 the current and future health, educational, 

21 housing, financial, and employment needs 

22 of the child. 

23 ‘‘(B) Assist the child in developing a plan 

24 to manage the benefits so as to meet the cur25 rent and future needs of the child that are not 


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1 covered by assistance available from the Fed2 eral, State, and local governments.’’. 

3 (b) PROVISIONS RELATING TO REPRESENTATIVE

4 PAYEES.— 

5 (1) AMENDMENTS TO TITLE II.—Section 205(j) 

6 of such Act (42 U.S.C. 405(j)) (as amended by the 

7 preceding provisions of this Act) is amended fur8 ther— 

9 (A) by redesignating paragraphs (8), (9), 

10 (10), (11), and (12) as paragraphs (9), (10), 

11 (11), (12), and (13), respectively; and 

12 (B) by inserting after paragraph (7) the 

13 following new paragraph: 

14 ‘‘(8) A representative payee who is a State shall man15 age the benefits paid to the representative payee under 

16 paragraph (1) on behalf of an individual who is in foster 

17 care under the responsibility of the State, in accordance 

18 with the plan developed for the child pursuant to section 

19 471(a)(40).’’. 

20 (2) AMENDMENT TO TITLE XVI.—Section 

21 1631(a)(2) of such Act (42 U.S.C. 1383(a)(2)) is 

22 amended by adding at the end the following: 

23 ‘‘(J) A representative payee who is a State shall man24 age the benefits paid to the representative payee under 

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1 dividual who is in foster care under the responsibility of 

2 the State, in accordance with the plan developed for the 

3 child pursuant to section 471(a)(40).’’. 

4 SEC. 6. SHARING OF INFORMATION ABOUT BENEFIT PAY5 MENTS MADE TO REPRESENTATIVE PAYEES 

6 AND ANY PART OF WHICH HAS BEEN PRO7 VIDED TO A STATE. 

8 Section 471(a) of the Social Security Act (42 U.S.C. 

9 671(a)), as amended by sections 2(c), 3(a), and 5(a) of 

10 this Act, is amended— 

11 (1) by striking ‘‘and’’ at the end of paragraph 

12 (39); 

13 (2) by striking the period at the end of para14 graph (40) and inserting ‘‘; and’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(41) provides that the State shall have in ef17 fect an agreement entered into pursuant to section 

18 205(j)(12) that includes a provision for the sharing 

19 of information about benefits under title II or XVI 

20 that have been paid to representative payees and the 

21 portion, if any, of such benefit payments that have 

22 been provided to, or intercepted by, the State’’. 


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1 SEC. 7. TECHNICAL ASSISTANCE FOR CHILD WELFARE 

2 AGENCIES. 

3 (a) IN GENERAL.—On request of a State agency re4 sponsible for administering, or supervising the administra5 tion of, a State program authorized by part E of title IV 

6 of the Social Security Act, the Secretary of Health and 

7 Human Services, in consultation with the Commissioner 

8 of Social Security, shall provide the State agency with 

9 technical assistance in carrying out the amendments made 

10 by this Act, including guidance for informing non-State 

11 representative payees of children in foster care under the 

12 responsibility of the State who are recipients of benefits 

13 under title II of such Act or supplemental security income 

14 benefits under title XVI of such Act of the availability of 

15 appropriate savings vehicles for any part of the benefits 

16 not required to meet the immediate unmet needs of the 

17 children. 

18 (b) LIMITATIONS ON AUTHORIZATION OF APPRO19 PRIATIONS.—In addition to any amounts otherwise made 

20 available to carry out this section, there are authorized 

21 to be appropriated to carry out this section $4,500,000 

22 for fiscal year 2025, and such sums as may be necessary 

23 for each of fiscal years 2026 through 2030. 


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1 SEC. 8. ANNUAL NOTICE OF STATE USE OF FOSTER YOUTH 

2 ASSETS. 

3 Section 471(a) of the Social Security Act (42 U.S.C. 

4 671(a)), as amended by sections 2(c), 3(a), 5(a), and 6 

5 of this Act, is amended— 

6 (1) by striking ‘‘and’’ at the end of paragraph 

7 (40); 

8 (2) by striking the period at the end of para9 graph (41) and inserting ‘‘; and’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(42) provides that the State agency shall— 

12 ‘‘(A) within 1 year after the effective date 

13 of this paragraph, provide each child in foster 

14 care under the responsibility of the State with 

15 an accounting of all assets of, and all amounts 

16 payable to or for the benefit of, the child that 

17 the State used for maintenance or care of the 

18 child, which accounting shall specify the source 

19 of each asset or amount so used, the amount so 

20 used, and the purpose for which the amount or 

21 asset was so used; 

22 ‘‘(B) annually thereafter, provide each 

23 child who, at any time in the then preceding 

24 12-month period, was in foster care under the 

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1 counting with respect to all such assets and 

2 amounts so used in the 12-month period; and 

3 ‘‘(C) on request of any individual who was 

4 in foster care under the responsibility of the 

5 State for such an accounting, provide the child 

6 with the accounting.’’. 

7 SEC. 9. SIMPLIFYING ADMINISTRATIVE REIMBURSEMENT 

8 FOR CARETAKER TRAINING COSTS. 

9 Section 474(a)(3)(B) of the Social Security Act (42 

10 U.S.C. 674(a)(3)(B)) is amended by striking ‘‘receiving 

11 assistance’’ and inserting ‘‘without regard to whether the 

12 child is eligible for a benefit’’. 

13 SEC. 10. ADJUSTMENT OF FEDERAL SHARE OF ADMINIS14 TRATIVE EXPENSES FOR MANAGING FOSTER 

15 YOUTH BENEFITS ELIGIBILITY. 

16 Section 474(a)(3) of the Social Security Act (42 

17 U.S.C. 674(a)(3)) is amended— 

18 (1) in subparagraph (C)(iv), by striking ‘‘and’’ 

19 at the end; 

20 (2) in subparagraph (D), by striking ‘‘and’’ at 

21 the end; and 

22 (3) by redesignating subparagraph (E) as sub23 paragraph (F) and inserting after subparagraph (D) 

24 the following: 


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1 ‘‘(E) 75 percent of the total amounts ex2 pended during such quarter under paragraphs 

3 (39) and (40) of section 471(a) for children in 

4 foster care under the responsibility of the State, 

5 without regard to whether the child is eligible 

6 for a benefit funded under this part; and’’. 

7 SEC. 11. EFFECTIVE DATES. 

8 (a) AMENDMENTS TO TITLE II OR XVI OF THE SO9 CIAL SECURITY ACT.—The amendments made by sections 

10 2(a), 2(b), 4, and 5(b) of this Act shall apply to benefits 

11 payable for months beginning after the later of— 

12 (1) the date the Commissioner of Social Secu13 rity prescribes rules to implement the amendment; 

14 or 

15 (2) 1 year after the date of the enactment of 

16 this Act. 

17 (b) STATE PLAN REQUIREMENTS RELATING TO

18 PLANS FOR MANAGING ASSETS AND BENEFITS FOR FOS19 TER YOUTH AND SHARING OF INFORMATION ABOUT BEN20 EFIT PAYMENTS MADE TO REPRESENTATIVE PAYEES

21 AND ANY PART OF WHICH HAS BEEN PROVIDED TO A

22 STATE.— 

23 (1) IN GENERAL.—The amendments made by 

24 sections 5(a) and 6 of this Act shall take effect on 

25 the first day of the first calendar quarter beginning 


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1 after the date of the enactment of this Act, and shall 

2 apply to payments under part E of title IV of the 

3 Social Security Act for calendar quarters beginning 

4 after such first day. 

5 (2) DELAY PERMITTED IF STATE LEGISLATION

6 REQUIRED.—If the Secretary of Health and Human 

7 Services determines that State legislation (other 

8 than legislation appropriating funds) is required in 

9 order for a State plan approved under part E of title 

10 IV of the Social Security Act to meet the additional 

11 requirements imposed by the amendments made by 

12 section 5(a) or 6 of this Act, the plan shall not be 

13 regarded as failing to meet any of the additional re14 quirements before the first day of the first calendar 

15 quarter beginning after the first regular session of 

16 the State legislature that begins after the date of the 

17 enactment of this Act. If the State has a 2-year leg18 islative session, each year of the session is deemed 

19 to be a separate regular session of the State legisla20 ture. 

Æ 


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