I 
114TH CONGRESS 
2D SESSION 
H. R. 5737 
To ensure that foster children are able to use their Social Security and 
Supplemental Security Income benefits to address their needs and im-
prove their lives. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 12, 2016 
Mr. DANNY K. DAVIS of Illinois (for himself, Mr. LEWIS, Mr. MCDERMOTT, 
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. 
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 to Promote Self-Sufficiency Act’’. 
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SEC. 2. LIMITATION ON USE OF SOCIAL SECURITY OR SUP-
PLEMENTAL SECURITY INCOME BENEFITS 
PAID TO REPRESENTATIVE PAYEES ON BE-
HALF OF FOSTER CHILDREN FOR STATE 
COSTS. 
(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) A State or local government agency serving 
in any State as a representative payee under this sub-
section with respect an individual who is in foster care 
under the responsibility of the State shall not use any ben-
efits paid to the representative payee pursuant to para-
graph (1) of this subsection to reimburse the State for— 
‘‘(I) foster care maintenance payments made 
pursuant to section 472, or 
‘‘(II) other payments made by the State or po-
litical subdivision of the State to cover any other 
cost or expense for an individual who is in foster 
care under the responsibility of the State. 
‘‘(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) of this 
subparagraph.’’. 
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(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)’’; 
(2) by adding ‘‘and’’ at the end; and 
(3) by adding after and below the end the fol-
lowing: 
‘‘(II) A State or local government agency serving in 
any State as a representative payee under this subsection 
with respect an eligible individual who is in foster care 
under the responsibility of the State shall not use any ben-
efits paid to the representative payee pursuant to clause 
(ii) of this subparagraph to reimburse the State for— 
‘‘(aa) foster care maintenance payments made 
pursuant to section 472; or 
‘‘(bb) other payments made by a State or polit-
ical subdivision of a State to cover any other cost or 
expense for an individual who is in foster care under 
the responsibility of the State. 
‘‘(III) 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 subclause (II) 
of this clause.’’. 
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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)) is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(34); 
(2) by striking the period at the end of para-
graph (35) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(36) provides that, not later than the begin-
ning of the first calendar quarter that begins after 
the 3-year period that begins with the date of the 
enactment of this paragraph, the State agency re-
ferred 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 responsi-
bility of the State is first reviewed pursuant to 
section 475(5)(B), and after any material 
change in the circumstances of the child that 
could affect the potential eligibility of the child 
for such benefits, the child is screened to deter-
mine the potential eligibility of the child for 
benefits under title II and for supplemental se-
curity income benefits under title XVI; 
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‘‘(B) if the screening results in a deter-
mination that the child is potentially eligible for 
any of such benefits— 
‘‘(i) provide the child with assistance 
in applying for, and (if necessary) appeal-
ing any decisions made with respect to, the 
benefits; and 
‘‘(ii) if there is no other suitable can-
didate available, apply to become the rep-
resentative payee for the child with respect 
to the benefits; and 
‘‘(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 120 days (or, if the 
child has attained 17 years of age, 1 year) be-
fore the child exits foster care.’’. 
(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 conduct a study 
to determine whether the States have substantially 
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complied with the amendments made by this section, 
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. 
(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. 
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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 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 the attorney or guard-
ian ad litem appointed to represent the individual pursu-
ant to section 106(b)(2)(B)(xiii) of the Child Abuse Pre-
vention and Treatment Act and, if the individual has at-
tained 14 years of age, to the individual’’ before the pe-
riod. 
(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 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 guardian-
ship, such notice shall also be provided to the attorney 
or guardian ad litem appointed to represent the individual 
pursuant to section 106(b)(2)(B)(xiii) of the Child Abuse 
Prevention and Treatment Act and, if the individual has 
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attained 14 years of age, to the individual’’ before the pe-
riod. 
SEC. 5. MANAGEMENT OF SOCIAL SECURITY AND SUPPLE-
MENTAL SECURITY INCOME BENEFITS FOR 
FOSTER CHILDREN. 
(a) PLAN FOR ACHIEVING SELF-SUPPORT.—Section 
471(a) of the Social Security Act (42 U.S.C. 671(a)), as 
amended by section 3(a) of this Act, is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(35); 
(2) by striking the period at the end of para-
graph (36) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(37) provides that, with respect to each child 
in foster care under the responsibility of the State 
and on whose behalf the State receives benefits 
under title II or supplemental security income bene-
fits under title XVI, the State agency shall— 
‘‘(A) develop a plan, developed specifically 
for the child, which is designed to best meet the 
current and future needs of the individual and 
enable the child to achieve self-support after 
leaving foster care, in accordance with the fol-
lowing: 
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‘‘(i)(I) The plan shall set forth a 
strategy to conserve benefits not necessary 
for the immediate needs of the child, deter-
mined as provided for pursuant to clause 
(ii) of this subparagraph, in a manner that 
best meets the future needs and edu-
cational and employment interests of the 
child, and for the placement of any such 
benefits in— 
‘‘(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) an individual development 
account established pursuant to Fed-
eral or State law; or 
‘‘(dd) such other account in 
which benefits for the child may be 
conserved in a manner that the State 
determines, consistent with this para-
graph, is in the best interests of the 
child. 
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‘‘(II) The plan shall provide for a de-
termination as to whether the child has im-
mediate 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). 
‘‘(III) The plan shall provide for a de-
termination of any additional assets to 
which the child may be entitled, including 
civil judgments, inheritances, or earnings, 
and shall provide for the assets to be con-
served 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 
funds or programs that may be available 
for the benefit of the child. 
‘‘(V) The plan shall provide that any 
assets set aside under the plan shall be 
conserved and inaccessible to the child (ex-
cept for a use of funds described in items 
(aa) 
through 
(gg) 
of 
section 
1631(a)(2)(F)(ii)(II), or for another use 
approved by the Secretary as being in the 
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best interests of the child), and placed in 
an account described in clause (i) of this 
subparagraph, until the later of the date 
the child attains 18 years of age or ceases 
to be 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), the so-
cial worker for the child, the person 
acting as the representative payee for 
the child pursuant to section 205(j) or 
1631(a)(2) of this Act, and the attor-
ney or guardian ad litem appointed to 
represent the child pursuant to sec-
tion 106(b)(2)(B)(xiii) of the Child 
Abuse Prevention and Treatment Act; 
and 
‘‘(II) in developing and imple-
menting the plan, make reasonable ef-
forts to seek input from the parents 
and caretakers of the child. 
‘‘(iii)(I) Within 60 days after the sta-
tus of the child is first reviewed pursuant 
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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) of this Act 
after completion of the plan, the State 
agency shall provide a copy of the plan to 
the attorney or guardian ad litem ap-
pointed to represent the child pursuant to 
section 106(b)(2)(B)(xiii) of the Child 
Abuse Prevention and Treatment Act. 
‘‘(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 child may request the 
plan to be modified in a review of the sta-
tus of the child pursuant to section 
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475(5)(B), in a separate hearing, or in a 
permanency hearing pursuant to section 
475(5)(C). 
‘‘(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 needs and edu-
cational and employment interests 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; and 
‘‘(C) provide the child financial literacy 
training, including regarding budgeting, saving, 
investing, managing credit, student loans, con-
sumer debt and installment purchasing (includ-
ing credit scoring, managing credit debt, and 
completing a loan application), banking (includ-
ing balancing a checkbook, opening a deposit 
account, and the use of interest rates), State 
and Federal income taxation, personal insur-
ance policies, identity theft security, and home 
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ownership (including the basic process of ob-
taining a mortgage and the concepts of fixed 
and adjustable rate mortgages, subprime loans, 
and predatory lending).’’. 
(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), 
and (10) as paragraphs (9), (10), and (11), re-
spectively; 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)(37).’’. 
(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: 
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‘‘(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-
dividual 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)(37).’’. 
(c) EXCLUSION FROM RESOURCES UNDER THE SSI 
PROGRAM.—Section 1613(a) of such Act (42 U.S.C. 
1382b(a)) is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(16); 
(2) by striking the period at the end of para-
graph (17) and inserting ‘‘; and’’; and 
(3) by inserting after paragraph (17) the fol-
lowing: 
‘‘(18) any assets managed on behalf of an eligi-
ble individual in accordance with a plan developed 
for the individual pursuant to section 471(a)(37).’’. 
SEC. 6. SUPPORT AND MAINTENANCE FURNISHED IN CASH 
OR IN KIND DISREGARDED IN DETERMINING 
INCOME OF FOSTER CHILDREN UNDER THE 
SUPPLEMENTAL 
SECURITY 
INCOME 
PRO-
GRAM. 
Section 1612(a)(2)(A) of the Social Security Act (42 
U.S.C. 1382a(a)(2)(A)) is amended— 
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(1) by striking ‘‘and’’ at the end of clause (ii); 
and 
(2) by inserting ‘‘, and (iv) clause (i) shall not 
apply in the case of a child who is in foster care 
under the responsibility of a State’’ before the last 
semicolon. 
SEC. 7. TECHNICAL ASSISTANCE FOR CHILD WELFARE 
AGENCIES. 
(a) IN GENERAL.—On request of a State agency re-
sponsible for administering, or supervising the administra-
tion of, a State program authorized by part E of title IV 
of the Social Security Act, the Secretary of Health and 
Human Services shall provide the State agency with tech-
nical assistance in carrying out the amendments made by 
this Act, including guidance for informing non-State rep-
resentative payees of children in foster care under the re-
sponsibility 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 needs of the children. 
(b) LIMITATIONS
ON AUTHORIZATION
OF APPRO-
PRIATIONS.—To carry out this section, there are author-
ized to be appropriated $4,500,000 for fiscal year 2017, 
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and such sums as may be necessary for each of fiscal years 
2018 through 2022. 
SEC. 8. EFFECTIVE DATES. 
(a) IN GENERAL.—Except as provided in subsection 
(b) of this section, the amendments made by this Act 
(other than by section 3(a)) shall apply to benefits payable 
for months beginning after the date of the enactment of 
this Act. 
(b) STATE PLAN REQUIREMENTS RELATING
TO 
PLANS FOR ACHIEVING SELF-SUPPORT.— 
(1) IN GENERAL.—The amendments made by 
section 5(a) 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) of this Act, the plan shall not be re-
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garded as failing to meet any of the additional re-
quirements 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 leg-
islative session, each year of the session is deemed 
to be a separate regular session of the State legisla-
ture. 
Æ 
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