I 

115TH CONGRESS 

2D SESSION H. R. 7296 

To ensure that foster children are able to use their Social Security and 

Supplemental Security Income benefits to address their needs and improve their lives. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 13, 2018 

Mr. DANNY K. DAVIS of Illinois (for himself, Mr. LEWIS of Georgia, and Mr. 

LANGEVIN) 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 and Supplemental Security Income 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 to Promote Self-Sufficiency Act’’. 


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1 SEC. 2. LIMITATION ON USE OF SOCIAL SECURITY OR SUP2 PLEMENTAL SECURITY INCOME BENEFITS 

3 PAID TO REPRESENTATIVE PAYEES ON BE4 HALF OF FOSTER CHILDREN FOR STATE 

5 COSTS. 

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

7 of the Social Security Act (42 U.S.C. 405(j)(9)) is amend8 ed— 

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

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

11 ‘‘(B)(i) A State or local government agency serving 

12 in any State as a representative payee under this sub13 section with respect to an individual who is in foster care 

14 under the responsibility of the State shall not use any ben15 efits paid to the representative payee pursuant to para16 graph (1) of this subsection to reimburse the State for— 

17 ‘‘(I) foster care maintenance payments made 

18 pursuant to section 472, or 

19 ‘‘(II) other payments made by the State or po20 litical subdivision of the State to cover any other 

21 cost or expense for an individual who is in foster 

22 care under the responsibility of the State. 

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

24 this subsection or section 1631(a)(2)(D) shall not be con25 sidered a cost or expense for purposes of clause (i) of this 

26 subparagraph.’’. 


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1 (b) AMENDMENTS TO TITLE XVI.—Section 

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

3 1383(a)(2)(A)(iv)) is amended— 

4 (1) by inserting ‘‘(I)’’ after ‘‘(iv)’’; 

5 (2) by adding ‘‘and’’ at the end; and 

6 (3) by adding after and below the end the fol7 lowing: 

8 ‘‘(II) A State or local government agency serving in 

9 any State as a representative payee under this subsection 

10 with respect to an eligible individual who is in foster care 

11 under the responsibility of the State shall not use any ben12 efits paid to the representative payee pursuant to clause 

13 (ii) of this subparagraph to reimburse the State for— 

14 ‘‘(aa) foster care maintenance payments made 

15 pursuant to section 472; or 

16 ‘‘(bb) other payments made by a State or polit17 ical subdivision of a State to cover any other cost or 

18 expense for an individual who is in foster care under 

19 the responsibility of the State. 

20 ‘‘(III) An expense described in subparagraph (D) of 

21 this paragraph or section 205(j)(4)(A)(i) shall not be con22 sidered a cost or expense for purposes of subclause (II) 

23 of this clause.’’. 


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1 SEC. 3. SCREENING OF FOSTER CHILDREN FOR ELIGI2 BILITY FOR SOCIAL SECURITY AND SUPPLE3 MENTAL SECURITY INCOME BENEFITS. 

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

5 the Social Security Act (42 U.S.C. 671(a)) is amended— 

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

7 (34); 

8 (2) by striking the period at the end of para9 graph (35) and inserting ‘‘; and’’; and 

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

11 ‘‘(36) provides that, not later than the begin12 ning of the first calendar quarter that begins after 

13 the 3-year period that begins with the date of the 

14 enactment of this paragraph, the State agency re15 ferred to in paragraph (2) of this subsection shall— 

16 ‘‘(A) develop and implement procedures to 

17 ensure that, within 60 days after the status of 

18 a child who is in foster care under the responsi19 bility of the State is first reviewed pursuant to 

20 section 475(5)(B), and after any material 

21 change in the circumstances of the child that 

22 could affect the potential eligibility of the child 

23 for such benefits, the child is screened to deter24 mine the potential eligibility of the child for 

25 benefits under title II and for supplemental se26 curity income benefits under title XVI; 


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1 ‘‘(B) if the screening results in a deter2 mination that the child is potentially eligible for 

3 any of such benefits— 

4 ‘‘(i) provide the child with assistance 

5 in applying for, and (if necessary) appeal6 ing any decisions made with respect to, the 

7 benefits; and 

8 ‘‘(ii) if there is no other suitable can9 didate available, apply to become the rep10 resentative payee for the child with respect 

11 to the benefits; and 

12 ‘‘(C) develop and implement procedures to 

13 ensure that any such child who is potentially el14 igible for, or is a recipient of, benefits under 

15 title II or supplemental security income benefits 

16 under title XVI, is assisted with applying for 

17 such benefits not later than 120 days (or, if the 

18 child has attained 17 years of age, 1 year) be19 fore the child exits foster care.’’. 

20 (b) GAO STUDY.— 

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

22 date of the enactment of this Act, the Comptroller 

23 General of the United States shall conduct a study 

24 to determine whether the States have substantially 


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1 complied with the amendments made by this section, 

2 including specifically whether the States have— 

3 (A) established successful procedures that 

4 screen all foster children under the responsi5 bility of the States for their potential eligibility 

6 for benefits under title II of the Social Security 

7 Act and for supplemental security income bene8 fits under title XVI of such Act; 

9 (B) provided all such potentially eligible 

10 foster children assistance in applying for, and 

11 appealing decisions made with respect to, the 

12 benefits; and 

13 (C) implemented procedures to identify 

14 suitable nongovernmental candidates to serve as 

15 representative payees for children in foster care 

16 with respect to the benefits. 

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

18 after completing the study required by paragraph 

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

20 Congress a written report that contains the results 

21 of the study. 


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

2 FOR FOSTER CHILD OF DETERMINATION TO 

3 PAY SOCIAL SECURITY OR SUPPLEMENTAL 

4 SECURITY INCOME BENEFITS TO REP5 RESENTATIVE PAYEE. 

6 (a) AMENDMENT TO TITLE II.—Section 

7 205(j)(2)(E)(ii) of the Social Security Act (42 U.S.C. 

8 405(j)(2)(E)(ii)) is amended by inserting ‘‘, except that, 

9 in the case of an individual who is in foster care under 

10 the responsibility of a State or in a legal guardianship, 

11 such notice shall also be provided to the attorney or guard12 ian ad litem appointed to represent the individual pursu13 ant to section 106(b)(2)(B)(xiii) of the Child Abuse Pre14 vention and Treatment Act and, if the individual has at15 tained 14 years of age, to the individual’’ before the pe16 riod. 

17 (b) AMENDMENT TO TITLE XVI.—Section 

18 1631(a)(2)(B)(xii) of such Act (42 U.S.C. 

19 1383(a)(2)(B)(xii)) is amended by inserting ‘‘, except 

20 that, in the case of an individual who is in foster care 

21 under the responsibility of a State or in a legal guardian22 ship, such notice shall also be provided to the attorney 

23 or guardian ad litem appointed to represent the individual 

24 pursuant to section 106(b)(2)(B)(xiii) of the Child Abuse 

25 Prevention and Treatment Act and, if the individual has 


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1 attained 14 years of age, to the individual’’ before the pe2 riod. 

3 SEC. 5. MANAGEMENT OF SOCIAL SECURITY AND SUPPLE4 MENTAL SECURITY INCOME BENEFITS FOR 

5 FOSTER CHILDREN. 

6 (a) PLAN FOR ACHIEVING SELF-SUPPORT.—Section 

7 471(a) of the Social Security Act (42 U.S.C. 671(a)), as 

8 amended by section 3(a) of this Act, is amended— 

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

10 (35); 

11 (2) by striking the period at the end of para12 graph (36) and inserting ‘‘; and’’; and 

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

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

15 in foster care under the responsibility of the State 

16 and on whose behalf the State receives benefits 

17 under title II or supplemental security income bene18 fits under title XVI, the State agency shall— 

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

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

21 current and future needs of the individual and 

22 enable the child to achieve self-support after 

23 leaving foster care, in accordance with the fol24 lowing: 


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

2 strategy to conserve benefits not necessary 

3 for the immediate needs of the child, deter4 mined as provided for pursuant to clause 

5 (ii) of this subparagraph, in a manner that 

6 best meets the future needs and edu7 cational and employment interests of the 

8 child, and for the placement of any such 

9 benefits in— 

10 ‘‘(aa) an account of the type de11 scribed in section 1631(a)(2)(F) of 

12 this Act; 

13 ‘‘(bb) an ABLE account estab14 lished under section 529A of the In15 ternal Revenue Code of 1986; 

16 ‘‘(cc) an individual development 

17 account established pursuant to Fed18 eral or State law; or 

19 ‘‘(dd) such other account in 

20 which benefits for the child may be 

21 conserved in a manner that the State 

22 determines, consistent with this para23 graph, is in the best interests of the 

24 child. 


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1 ‘‘(II) The plan shall provide for a de2 termination as to whether the child has im3 mediate needs for which the benefits 

4 should be used to serve the best interests 

5 of the child consistent with sections 

6 205(j)(10)(B) and 1631(a)(2)(A)(iv)(II). 

7 ‘‘(III) The plan shall provide for a de8 termination of any additional assets to 

9 which the child may be entitled, including 

10 civil judgments, inheritances, or earnings, 

11 and shall provide for the assets to be con12 served as part of the plan as described in 

13 clause (i). 

14 ‘‘(IV) Any funds conserved in accord15 ance with the plan shall be used to supple16 ment and not supplant any other Federal 

17 funds or programs that may be available 

18 for the benefit of the child. 

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

20 assets set aside under the plan shall be 

21 conserved and inaccessible to the child (ex22 cept for a use of funds described in items 

23 (aa) through (gg) of section 

24 1631(a)(2)(F)(ii)(II), or for another use 

25 approved by the Secretary as being in the 


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1 best interests of the child), and placed in 

2 an account described in clause (i) of this 

3 subparagraph, until the later of the date 

4 the child attains 18 years of age or ceases 

5 to be under the responsibility of the State. 

6 ‘‘(ii) The State agency shall— 

7 ‘‘(I) develop and implement the 

8 plan in collaboration with the child 

9 (on an age-appropriate basis), the so10 cial worker for the child, the person 

11 acting as the representative payee for 

12 the child pursuant to section 205(j) or 

13 1631(a)(2) of this Act, and the attor14 ney or guardian ad litem appointed to 

15 represent the child pursuant to sec16 tion 106(b)(2)(B)(xiii) of the Child 

17 Abuse Prevention and Treatment Act; 

18 and 

19 ‘‘(II) in developing and imple20 menting the plan, make reasonable ef21 forts to seek input from the parents 

22 and caretakers of the child. 

23 ‘‘(iii)(I) Within 60 days after the sta24 tus of the child is first reviewed pursuant 


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

2 shall complete the plan. 

3 ‘‘(II) The State agency shall ensure 

4 that each subsequent such review of such 

5 status shall include consideration of an up6 dated version of the plan and a report on 

7 the progress made in implementing the 

8 plan. 

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

10 the status of the child is first reviewed 

11 pursuant to section 475(5)(B) of this Act 

12 after completion of the plan, the State 

13 agency shall provide a copy of the plan to 

14 the attorney or guardian ad litem ap15 pointed to represent the child pursuant to 

16 section 106(b)(2)(B)(xiii) of the Child 

17 Abuse Prevention and Treatment Act. 

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

19 each subsequent such review, the State 

20 agency shall provide an updated copy of 

21 the plan to the attorney or guardian ad 

22 litem so appointed. 

23 ‘‘(v)(I) The child may request the 

24 plan to be modified in a review of the sta25 tus of the child pursuant to section 


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1 475(5)(B), in a separate hearing, or in a 

2 permanency hearing pursuant to section 

3 475(5)(C). 

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

5 any administrative or judicial review pro6 ceeding, as meeting the requirements of 

7 this paragraph with respect to a child un8 less the plan is determined by the reviewer 

9 to be the best available means of meeting 

10 the current and future needs and edu11 cational and employment interests of the 

12 child; 

13 ‘‘(B) assist the child in developing a plan 

14 to manage the benefits so as to meet the cur15 rent and future needs of the child; and 

16 ‘‘(C) provide the child financial literacy 

17 training, including regarding budgeting, saving, 

18 investing, managing credit, student loans, con19 sumer debt and installment purchasing (includ20 ing credit scoring, managing credit debt, and 

21 completing a loan application), banking (includ22 ing balancing a checkbook, opening a deposit 

23 account, and the use of interest rates), State 

24 and Federal income taxation, personal insur25 ance policies, identity theft security, and home 


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1 ownership (including the basic process of ob2 taining a mortgage and the concepts of fixed 

3 and adjustable rate mortgages, subprime loans, 

4 and predatory lending).’’. 

5 (b) PROVISIONS RELATING TO REPRESENTATIVE

6 PAYEES.— 

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

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

9 preceding provisions of this Act) is amended fur10 ther— 

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

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

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

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

15 following new paragraph: 

16 ‘‘(8) A representative payee who is a State shall man17 age the benefits paid to the representative payee under 

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

19 care under the responsibility of the State, in accordance 

20 with the plan developed for the child pursuant to section 

21 471(a)(37).’’. 

22 (2) AMENDMENT TO TITLE XVI.—Section 

23 1631(a)(2) of such Act (42 U.S.C. 1383(a)(2)) is 

24 amended by adding at the end the following: 


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1 ‘‘(J) A representative payee who is a State shall man2 age the benefits paid to the representative payee under 

3 subparagraph (A)(ii) of this paragraph on behalf of an in4 dividual who is in foster care under the responsibility of 

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

6 child pursuant to section 471(a)(37).’’. 

7 (c) EXCLUSION FROM RESOURCES UNDER THE SSI 

8 PROGRAM.—Section 1613(a) of such Act (42 U.S.C. 

9 1382b(a)) is amended— 

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

11 (16); 

12 (2) by striking the period at the end of para13 graph (17) and inserting ‘‘; and’’; and 

14 (3) by inserting after paragraph (17) the fol15 lowing: 

16 ‘‘(18) any assets managed on behalf of an eligi17 ble individual in accordance with a plan developed 

18 for the individual pursuant to section 471(a)(37).’’. 

19 SEC. 6. SUPPORT AND MAINTENANCE FURNISHED IN CASH 

20 OR IN KIND DISREGARDED IN DETERMINING 

21 INCOME OF FOSTER CHILDREN UNDER THE 

22 SUPPLEMENTAL SECURITY INCOME PRO23 GRAM. 

24 Section 1612(a)(2)(A) of the Social Security Act (42 

25 U.S.C. 1382a(a)(2)(A)) is amended— 


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1 (1) by striking ‘‘and’’ at the end of clause (ii); 

2 and 

3 (2) by inserting ‘‘, and (iv) clause (i) shall not 

4 apply in the case of a child who is in foster care 

5 under the responsibility of a State’’ before the last 

6 semicolon. 

7 SEC. 7. TECHNICAL ASSISTANCE FOR CHILD WELFARE 

8 AGENCIES. 

9 (a) IN GENERAL.—On request of a State agency re10 sponsible for administering, or supervising the administra11 tion of, a State program authorized by part E of title IV 

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

13 Human Services shall provide the State agency with tech14 nical assistance in carrying out the amendments made by 

15 this Act, including guidance for informing non-State rep16 resentative payees of children in foster care under the re17 sponsibility of the State who are recipients of benefits 

18 under title II of such Act or supplemental security income 

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

20 appropriate savings vehicles for any part of the benefits 

21 not required to meet the immediate needs of the children. 

22 (b) LIMITATIONS ON AUTHORIZATION OF APPRO23 PRIATIONS.—To carry out this section, there are author24 ized to be appropriated $4,500,000 for fiscal year 2018, 


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1 and such sums as may be necessary for each of fiscal years 

2 2019 through 2023. 

3 SEC. 8. EFFECTIVE DATES. 

4 (a) IN GENERAL.—Except as provided in subsection 

5 (b) of this section, the amendments made by this Act 

6 (other than by section 3(a)) shall apply to benefits payable 

7 for months beginning after the date of the enactment of 

8 this Act. 

9 (b) STATE PLAN REQUIREMENTS RELATING TO

10 PLANS FOR ACHIEVING SELF-SUPPORT.— 

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

12 section 5(a) of this Act shall take effect on the first 

13 day of the first calendar quarter beginning after the 

14 date of the enactment of this Act, and shall apply 

15 to payments under part E of title IV of the Social 

16 Security Act for calendar quarters beginning after 

17 such first day. 

18 (2) DELAY PERMITTED IF STATE LEGISLATION

19 REQUIRED.—If the Secretary of Health and Human 

20 Services determines that State legislation (other 

21 than legislation appropriating funds) is required in 

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

23 IV of the Social Security Act to meet the additional 

24 requirements imposed by the amendments made by 

25 section 5(a) of this Act, the plan shall not be reVerDate Sep 11 2014 03:50 Dec 18, 2018 Jkt 089200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H7296.IH H7296

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1 garded as failing to meet any of the additional re2 quirements before the first day of the first calendar 

3 quarter beginning after the first regular session of 

4 the State legislature that begins after the date of the 

5 enactment of this Act. If the State has a 2-year leg6 islative session, each year of the session is deemed 

7 to be a separate regular session of the State legisla8 ture. 

Æ 


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