I 

116TH CONGRESS 

2D SESSION H. R. 7042 

To amend title IV of the Social Security Act to expand foster parent training 

and authorize new appropriations to support the obtainment of a driver’s 

license. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 28, 2020 

Mr. DANNY K. DAVIS of Illinois (for himself and Mr. BACON) introduced the 

following bill; which was referred to the Committee on Ways and Means 

A BILL 

To amend title IV of the Social Security Act to expand 

foster parent training and authorize new appropriations 

to support the obtainment of a driver’s license. 

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 ‘‘Foster Youth and 

5 Driving Act’’. 

6 SEC. 2. FOSTER PARENT TRAINING RELATED TO PRE7 PARING A CHILD TO DRIVE. 

8 Section 471(a)(24) of the Social Security Act (42 

9 U.S.C. 671(a)(24)) is amended— 


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1 (1) by striking ‘‘and knowledge and skills’’ and 

2 inserting ‘‘knowledge and skills’’; and 

3 (2) by inserting before the semicolon at the end 

4 the following: ‘‘and, when appropriate to the age or 

5 other circumstance of the child, knowledge and skills 

6 related to preparing the child to drive, including as7 suring opportunity for practice driving hours and as8 sistance in obtaining a driver’s license and auto9 motive insurance and in applying as needed for driv10 ing and transportation assistance as described in 

11 section 477(k)’’. 

12 SEC. 3. REQUIREMENT TO INCLUDE A PLAN FOR DRIVING 

13 PREPARATION IN CASE PLAN. 

14 Section 475(1) of the Social Security Act (42 U.S.C. 

15 675(1)) is amended— 

16 (1) in subparagraph (G)(ii), by moving sub17 clause (II) 2 ems to the right; and 

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

19 ‘‘(H) A plan for assuring that the child, 

20 when appropriate to the age or other cir21 cumstance of the child, receives assistance, 

22 knowledge, and skills related to preparing to 

23 drive, including opportunity for practice driving 

24 hours and assistance in obtaining a driver’s li25 cense and automotive insurance and in applying 


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1 as needed for driving and transportation assist2 ance as described in section 477(k).’’. 

3 SEC. 4. DRIVING AND TRANSPORTATION ASSISTANCE PRO4 GRAM. 

5 (a) PURPOSE.—Section 477(a) of the Social Security 

6 Act (42 U.S.C. 677(a)) is amended— 

7 (1) in paragraph (6), by striking ‘‘and’’ at the 

8 end; 

9 (2) in paragraph (7), by striking the period at 

10 the end and inserting ‘‘; and’’; and 

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

12 ‘‘(8) to provide driving and transportation as13 sistance to children in foster care and certain former 

14 foster care recipients who have attained the appro15 priate age and circumstances to begin receiving such 

16 assistance.’’. 

17 (b) DRIVING AND TRANSPORTATION ASSISTANCE.— 

18 Section 477 of the Social Security Act (42 U.S.C. 677) 

19 is amended by adding at the end the following: 

20 ‘‘(k) FUNDS FOR DRIVING AND TRANSPORTATION

21 ASSISTANCE.— 

22 ‘‘(1) IN GENERAL.—The following conditions 

23 shall apply to a State driving and transportation as24 sistance program under this section: 


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1 ‘‘(A) Assistance under the program shall 

2 be available to youth who have experienced fos3 ter care at age 14 or older, as described in sub4 section (a)(1). 

5 ‘‘(B) The State may allow youths partici6 pating in the assistance program on the date 

7 they attain 21 years of age to remain eligible 

8 until they attain 26 years of age, as long as the 

9 State is satisfied that they are working or en10 rolled in a postsecondary education or other 

11 employment training program and are making 

12 satisfactory progress toward completion of that 

13 program. 

14 ‘‘(C) The assistance provided for an indi15 vidual under this section— 

16 ‘‘(i) may include vehicle insurance 

17 costs, driver’s education class and testing 

18 fees, practice lessons, practice hours, li19 cense fees, roadside assistance, deductible 

20 assistance, assistance in purchasing an 

21 automobile, and any other costs related to 

22 obtaining a driver’s license and driving le23 gally in the State; and 


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1 ‘‘(ii) shall not exceed the lesser of 

2 $4,000 per year or the total cost of the 

3 items described in clause (i). 

4 ‘‘(D) The State shall ensure that, in the 

5 case of a youth in foster care under the age of 

6 18 participating in the assistance program, the 

7 youth’s foster parent (if any) may authorize an8 other adult to provide any authorization re9 quired by the State to be provided by a parent 

10 or guardian in order for such a youth to obtain 

11 a driver’s license or permit or take driving les12 sons. 

13 ‘‘(E) The State shall work to remove bar14 riers to obtaining a driver’s license and appro15 priate insurance for youth under the age of 18, 

16 such as addressing liability and insurance laws 

17 to allow minor youth to more easily obtain a li18 cense. 

19 ‘‘(F) The amount of assistance under this 

20 section shall be disregarded for purposes of de21 termining the recipient’s eligibility for, or the 

22 amount of, any other Federal or federally sup23 ported assistance, except that the State agency 

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1 tion of benefits under this and other Federal or 

2 federally supported programs. 

3 ‘‘(G) The State shall coordinate the pro4 gram with other appropriate programs, includ5 ing those described under subsection (b)(3)(F), 

6 to support current and former youth in their 

7 transition to adulthood. 

8 ‘‘(H) The State shall work to streamline 

9 processes for communicating program eligibility 

10 and shall conduct public awareness efforts to 

11 ensure that foster youth are aware of the assist12 ance available under the program. 

13 ‘‘(I) The State agrees to submit such an14 nual data to the Secretary as the Secretary may 

15 require, including data specifying the number of 

16 individuals, of those in foster care or formerly 

17 in foster care who have attained from 15 to 26 

18 years of age, who (as appropriate to the age 

19 and other circumstances of the individual)— 

20 ‘‘(i) are eligible for a driver’s license; 

21 ‘‘(ii) have completed a driver’s edu22 cation course; 

23 ‘‘(iii) have completed driver’s training 

24 hours; 

25 ‘‘(iv) have obtained a learner’s permit; 


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1 ‘‘(v) have obtained a driver’s license; 

2 ‘‘(vi) own a vehicle or otherwise have 

3 access to a vehicle to drive; and 

4 ‘‘(vii) have automotive liability insur5 ance. 

6 ‘‘(2) REPORT.—The Secretary shall annually 

7 submit a report to the Committee on Ways and 

8 Means of the House of Representatives and the 

9 Committee on Finance of the Senate on the State 

10 driving and transportation assistance program under 

11 this subsection, and shall make such report publicly 

12 available. Such report shall include a compilation of 

13 the State data submitted to the Secretary under 

14 paragraph (1)(I).’’. 

15 (c) CERTIFICATION.—Section 477(b)(3) of the Social 

16 Security Act (42 U.S.C. 677(b)(3)) is amended by adding 

17 at the end the following: 

18 ‘‘(L) A certification by the chief executive 

19 officer of the State that the State driving and 

20 transportation assistance program under this 

21 section is in compliance with the conditions 

22 specified in subsection (k)(1), including a state23 ment describing methods the State will use— 

24 ‘‘(i) to ensure that the total amount 

25 of driving and transportation assistance to 


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1 a youth under this section and under other 

2 Federal and federally supported programs 

3 does not exceed the limitation specified in 

4 subsection (k)(1)(C)(ii); and 

5 ‘‘(ii) to avoid duplication of benefits 

6 under this and any other Federal or feder7 ally assisted benefit program.’’. 

8 (d) INCREASED AUTHORIZATION OF APPROPRIA9 TIONS.—Section 477(h) of the Social Security Act (42 

10 U.S.C. 677(h)) is amended— 

11 (1) in paragraph (1), by striking ‘‘and’’ at the 

12 end; 

13 (2) in paragraph (2), by striking the period at 

14 the end and inserting ‘‘; and’’; and 

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

16 ‘‘(3) an additional $36,000,000, which are au17 thorized to be available for payments to States for 

18 driving and transportation assistance in accordance 

19 with subsection (k)(1).’’. 

20 (e) ALLOTMENTS TO STATES.—Section 477(c) of the 

21 Social Security Act (42 U.S.C. 677(c)) is amended— 

22 (1) by redesignating paragraph (4) as para23 graph (5); and 

24 (2) by inserting after paragraph (3) the fol25 lowing: 


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1 ‘‘(4) DRIVING AND TRANSPORTATION ASSIST2 ANCE ALLOTMENT.— 

3 ‘‘(A) IN GENERAL.—From the amount, if 

4 any, appropriated pursuant to subsection (h)(3) 

5 for a fiscal year and remaining after the res6 ervation described in subparagraph (B), the 

7 Secretary may allot to each State with an appli8 cation approved under subsection (b) for the 

9 fiscal year an amount equal to the State foster 

10 care ratio multiplied by the amount so specified. 

11 ‘‘(B) RESERVATIONS FOR INDIAN TRIBES

12 AND TRIBAL ORGANIZATIONS.—The Secretary 

13 shall reserve up to 3 percent of the amount ap14 propriated each year pursuant to subsection 

15 (h)(3) for payments to Indian tribes and tribal 

16 organizations to be used in accordance with 

17 subsection (k).’’. 

18 (f) DISCRETIONARY GRANTS.—Section 474 of the 

19 Social Security Act (42 U.S.C. 674) is amended— 

20 (1) in subsection (e)(1), by striking ‘‘section 

21 477(a)(6)’’ and inserting ‘‘section 477(a)(5)’’; 

22 (2) by redesignating subsections (f) and (g) as 

23 subsections (g) and (h), respectively; and 

24 (3) by inserting after subsection (e) the fol25 lowing: 


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1 ‘‘(f) DISCRETIONARY GRANTS FOR DRIVING AND

2 TRANSPORTATION ASSISTANCE.—From amounts appro3 priated pursuant to section 477(h)(3), the Secretary may 

4 make a grant to a State with a plan approved under this 

5 part, for a calendar quarter, in an amount equal to the 

6 lesser of— 

7 ‘‘(1) 80 percent of the amounts expended by 

8 the State during the quarter to carry out programs 

9 for the purposes described in section 477(a)(8); or 

10 ‘‘(2) the amount, if any, allotted to the State 

11 under section 477(c)(4)(A) for the fiscal year in 

12 which the quarter occurs, reduced by the total of the 

13 amounts payable to the State under this subsection 

14 for such purposes for all prior quarters in the fiscal 

15 year.’’. 

16 (g) PAYMENTS TO INDIAN TRIBAL ORGANIZA17 TIONS.—Section 477 of the Social Security Act (42 U.S.C. 

18 677), as amended by subsection (b), is further amended 

19 by adding at the end the following: 

20 ‘‘(l) PAYMENTS TO INDIAN TRIBES AND TRIBAL OR21 GANIZATIONS FOR DRIVING AND TRANSPORTATION AS22 SISTANCE PROGRAMS.— 

23 ‘‘(1) IN GENERAL.—An Indian tribe or tribal 

24 organization (as such terms are defined for purposes 

25 of section 428(c)) which has a plan for child welfare 


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1 services approved under subpart 1 of part B of this 

2 title and which operates a foster care program may 

3 apply for an allotment out of any amounts reserved 

4 for a fiscal year under subsection (c)(4)(B) to carry 

5 out programs for the purposes described in sub6 section (a)(8). 

7 ‘‘(2) APPLICATION.—An Indian tribe or tribal 

8 organization desiring an allotment under paragraph 

9 (1) of this subsection shall submit an application to 

10 the Secretary to directly receive such allotment that 

11 includes a plan which— 

12 ‘‘(A) satisfies such requirements of sub13 sections (b)(3) and (k) as the Secretary deter14 mines are appropriate in consultation with the 

15 tribe or tribal organization; 

16 ‘‘(B) contains a description of the Indian 

17 tribe or tribal organization’s consultation proc18 ess regarding the programs to be carried out 

19 under the plan with each State in which the In20 dian tribe or tribal organization is located; and 

21 ‘‘(C) contains an explanation of the results 

22 of such consultation, particularly with respect 

23 to— 

24 ‘‘(i) determining the eligibility for 

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1 fits and services of Indian children to be 

2 served under the programs to be carried 

3 out under the plan; and 

4 ‘‘(ii) the process for consulting with 

5 the State in order to ensure the continuity 

6 of such benefits and services for such chil7 dren who will transition from receiving 

8 such benefits and services under programs 

9 carried out under a State plan under sub10 section (b)(2) to receiving such benefits 

11 and services under programs carried out 

12 under a plan under this subsection. 

13 ‘‘(3) PAYMENTS.—The Secretary shall pay an 

14 Indian tribe or tribal organization with an applica15 tion approved under this subsection from the allot16 ment determined for the Indian tribe or tribal orga17 nization under paragraph (4) in the same manner as 

18 is provided in section 474(f) with respect to a State, 

19 or in such other manner as is determined appro20 priate by the Secretary, except that in no case shall 

21 an Indian tribe or tribal organization receive a lesser 

22 proportion of such funds than a State is authorized 

23 to receive under such section. 

24 ‘‘(4) ALLOTMENT.—From the total amount re25 served for a fiscal year under subsection (c)(4)(B), 


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1 the Secretary shall allot to the Indian tribes or tribal 

2 organizations with an application approved under 

3 this subsection for that fiscal year an amount based 

4 on each Indian tribe or tribal organization’s share of 

5 the total tribal child population among all such 

6 tribes and tribal organizations with an application so 

7 approved. 

8 ‘‘(5) DATA AND EVALUATION.—The Secretary 

9 shall consult with tribes and tribal organizations to 

10 determine the tribally relevant data needed to under11 stand how the driving and transportation assistance 

12 program helps tribal youth and if any policies would 

13 improve tribal youth access to drivers’ licenses and, 

14 to the extent practicable, the number and demo15 graphic data of tribal youth served. 

16 ‘‘(6) MATCHING REQUIREMENT.—In deter17 mining the amounts expended by an Indian tribe or 

18 tribal organization for purposes of section 474(f)(1), 

19 the Secretary may take into account in-kind expendi20 tures of the Indian tribe or tribal organization.’’. 

21 (h) TECHNICAL ASSISTANCE.—Section 477(g)(2) of 

22 the Social Security Act (42 U.S.C. 677(g)(2)) is amend23 ed— 

24 (1) by striking ‘‘the amount specified in sub25 section (h)’’ and inserting ‘‘each of the amounts 


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1 specified in paragraphs (1) and (2) of subsection 

2 (h), and up to 5 percent of the amount specified in 

3 paragraph (3) of such subsection,’’; and 

4 (2) by adding at the end the following: ‘‘With 

5 respect to such reservations of amounts specified in 

6 paragraph (3) of subsection (h), the Secretary— 

7 ‘‘(A) shall consider a higher reservation of 

8 funds for initial fiscal years to the extent nec9 essary to support States in establishing a new 

10 program in each State; and 

11 ‘‘(B) shall not consider an entity an appro12 priate entity unless the entity has demonstrated 

13 the capacity to successfully administer a State14 mandated program to provide driver’s licenses 

15 to youth under the age of 18 who are in State 

16 foster care and to increase the number of such 

17 foster youth who obtain a driver’s license.’’. 

Æ 


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