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. 
Be it enacted by the Senate and House of Representa-
tives 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’’. 
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SEC. 2. LIMITATION ON USE FOR STATE COSTS OF BENE-
FITS PAID TO STATE OR LOCAL GOVERN-
MENT 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 amend-
ed— 
(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 indi-
vidual 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). 
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‘‘(ii) An expense described in paragraph (4)(A)(i) of 
this subsection or section 1631(a)(2)(D) shall not be con-
sidered 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 fol-
lowing: 
‘‘(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 gov-
ernment agency uses any benefits paid to the representa-
tive 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 
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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 con-
sidered 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 para-
graph (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 earn-
ings 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 
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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 consid-
ered a cost or expense for purposes of subparagraph 
(A)(ii) of this paragraph.’’. 
SEC. 3. SCREENING OF FOSTER CHILDREN FOR ELIGI-
BILITY FOR SOCIAL SECURITY AND SUPPLE-
MENTAL 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 para-
graph (38) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(39) provides that, not later than the begin-
ning 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 be-
gins with the date of the enactment of this para-
graph, the State agency referred to in paragraph (2) 
of this subsection shall— 
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‘‘(A) develop and implement procedures to 
ensure that, within 60 days after the status of 
a child who is in foster care under the responsi-
bility of the State is first reviewed pursuant to 
section 475(5)(B) and annually thereafter, the 
child is screened to determine the potential eli-
gibility of the child for benefits under title II 
and for supplemental security income benefits 
under title XVI; 
‘‘(B) if the screening results in a deter-
mination that the child is potentially eligible for 
any of such benefits, apply for, and (if nec-
essary) 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 el-
igible 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) be-
fore 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 en-
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sure that the application for benefits is not dis-
rupted 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 responsi-
bility of the States for their potential eligibility 
for benefits under title II of the Social Security 
Act and for supplemental security income bene-
fits 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. 
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(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 
REP-
RESENTATIVE 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 applica-
tion for the appointment of a person to be a rep-
resentative payee under paragraph (1), on making 
the initial and final determinations on such an appli-
cation, on receipt of an appeal of any such deter-
mination, and in’’; and 
(2) by inserting ‘‘, except that, in the case of 
an individual who is in foster care under the respon-
sibility 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 indi-
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vidual 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 rel-
ative 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 applica-
tion for the appointment of a person to be a rep-
resentative 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 respon-
sibility 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 indi-
vidual 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 rel-
ative with custody or legal guardianship of the child, 
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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 FOS-
TER YOUTH. 
(a) PLAN FOR MANAGING ASSETS AND BENEFITS 
FOR FOSTER YOUTH.—Section 471(a) of the Social Secu-
rity 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 para-
graph (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: 
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‘‘(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 em-
ployment 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 de-
scribed in section 1631(a)(2)(F) of 
this Act; 
‘‘(bb) an ABLE account estab-
lished under section 529A of the In-
ternal Revenue Code of 1986; 
‘‘(cc) a trust exempt from re-
source limitations under section 1613 
of this Act; 
‘‘(dd) an individual development 
account established pursuant to Fed-
eral or State law; or 
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‘‘(ee) another account in which 
benefits for the child may be con-
served in a manner that the State de-
termines, consistent with this para-
graph, 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 imme-
diate unmet personal needs for which the 
benefits should be used to serve the best 
interests of the child consistent with sec-
tions 
205(j)(10)(B) 
and 
1631(a)(2)(A)(iv)(II), if applicable. 
‘‘(III) The plan shall provide for a de-
termination of any additional assets, or 
benefits for current or former foster youth, 
to which the child may be entitled, includ-
ing civil judgments, inheritances, or earn-
ings, and shall provide for the assets to be 
conserved as part of the plan as described 
in clause (i). 
‘‘(IV) Any funds conserved in accord-
ance with the plan shall be used to supple-
ment and not supplant any other Federal, 
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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 de-
scribed in items (aa) through (gg) of sec-
tion 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 pro-
ceeding in which a decision referred to 
in section 422(b)(8)(B) may be made; 
and 
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‘‘(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 sta-
tus 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 up-
dated 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 com-
pletion of the plan, the State agency shall 
provide a copy of the plan to any attorney 
or guardian ad litem appointed to rep-
resent the individual in any foster care 
proceeding or proceeding in which a deci-
sion referred to in section 422(b)(8)(B) 
may be made. 
‘‘(II) Not later than 30 days before 
each subsequent such review, the State 
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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, par-
ent, 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 pro-
ceeding, as meeting the requirements of 
this paragraph with respect to a child un-
less 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 cur-
rent and future needs of the child that are not 
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covered by assistance available from the Fed-
eral, 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 fur-
ther— 
(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 man-
age 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 man-
age the benefits paid to the representative payee under 
subparagraph (A)(ii) of this paragraph on behalf of an in-
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