Foster Youth and Driving Act
Bill: S.5051 | Sponsor: Sen. Hassan, Margaret Wood (D-NH)
Policy area: Families

Summary:
Foster Youth and Driving Act  This bill expands state foster care and adoption assistance programs to provide driving preparation assistance to foster youth and related training for foster parents. The bill further directs assistance to states and tribal organizations for age-appropriate foster youth to, among other things, obtain automobile insurance, complete driver's education, obtain a driver's license, and purchase a vehicle.

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Foster Youth and Driving Act''.

SEC. 2. FOSTER PARENT TRAINING RELATED TO PREPARING A CHILD TO DRIVE.

    Section 471(a)(24) of the Social Security Act (42 U.S.C. 
671(a)(24)) is amended--
            (1) by striking ``and knowledge and skills'' and inserting 
        ``knowledge and skills''; and
            (2) by inserting before the semicolon at the end the 
        following: ``and, when appropriate to the age or other 
        circumstance of the child, knowledge and skills related to 
        preparing the child to drive, including assuring opportunity 
        for practice driving hours and assistance in obtaining a 
        driver's license and automotive insurance and in applying as 
        needed for driving and transportation assistance as described 
        in section 477(k)''.

SEC. 3. REQUIREMENT TO INCLUDE A PLAN FOR DRIVING PREPARATION IN CASE 
              PLAN.

    Section 475(1) of the Social Security Act (42 U.S.C. 675(1)) is 
amended--
            (1) in subparagraph (G)(ii), by moving the margin for 
        subclause (II) 2 ems to the right; and
            (2) by adding at the end the following:
                    ``(H) A plan for assuring that the child, when 
                appropriate to the age or other circumstance of the 
                child, receives assistance, knowledge, and skills 
                related to preparing to drive, including opportunity 
                for practice driving hours and assistance in obtaining 
                a driver's license and automotive insurance and in 
                applying as needed for driving and transportation 
                assistance as described in section 477(k).''.

SEC. 4. DRIVING AND TRANSPORTATION ASSISTANCE PROGRAM.

    (a) Purpose.--Section 477(a) of the Social Security Act (42 U.S.C. 
677(a)) is amended--
            (1) in paragraph (6), by striking ``and'' at the end;
            (2) in paragraph (7), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(8) to provide driving and transportation assistance to 
        children in foster care and certain former foster care 
        recipients who have attained the appropriate age and 
        circumstances to begin receiving such assistance.''.
    (b) Driving and Transportation Assistance.--Section 477 of the 
Social Security Act (42 U.S.C. 677) is amended by adding at the end the 
following:
    ``(k) Funds for Driving and Transportation Assistance.--
            ``(1) In general.--The following conditions shall apply to 
        a State driving and transportation assistance program under 
        this section:
                    ``(A) Assistance under the program shall be 
                available to youth who have experienced foster care at 
                age 14 or older, as described in subsection (a)(1).
                    ``(B) The State may allow youths participating in 
                the assistance program on the date they attain 21 years 
                of age to remain eligible until they attain 26 years of 
                age, as long as the State is satisfied that they are 
                working or enrolled in a postsecondary education or 
                other employment training program and are making 
                satisfactory progress toward completion of that 
                program.
                    ``(C) The assistance provided for an individual 
                under this section--
                            ``(i) may include vehicle insurance costs, 
                        driver's education class and testing fees, 
                        practice lessons, practice hours, license fees, 
                        roadside assistance, deductible assistance, 
                        assistance in purchasing an automobile, and any 
                        other costs related to obtaining a driver's 
                        license and driving legally in the State; and
                            ``(ii) shall not exceed the lesser of 
                        $4,000 per year or the total cost of the items 
                        described in clause (i), excluding the cost of 
                        a vehicle purchased as part of the program.
                    ``(D) The State shall ensure that, in the case of a 
                youth in foster care under the age of 18 participating 
                in the assistance program, the youth's foster parent 
                (if any) may authorize another adult to provide any 
                authorization required by the State to be provided by a 
                parent or guardian in order for such a youth to obtain 
                a driver's license or permit or take driving lessons.
                    ``(E) The State shall work to remove barriers to 
                obtaining a driver's license and appropriate insurance 
                for youth under the age of 18, such as addressing 
                liability and insurance laws to allow minor youth to 
                more easily obtain a license.
                    ``(F) The amount of assistance under this section--
                            ``(i) shall not, for purposes of the 
                        Internal Revenue Code of 1986, be includible in 
                        the gross income of the individual with respect 
                        to whom such assistance is provided, and
                            ``(ii) shall be disregarded for purposes of 
                        determining such individual's eligibility for, 
                        or the amount of, any other Federal or 
                        federally supported assistance, except that the 
                        State agency shall take appropriate steps to 
                        prevent duplication of benefits under this and 
                        other Federal or federally supported programs.
                    ``(G) The State shall coordinate the program with 
                other appropriate programs, including those described 
                under subsection (b)(3)(F), to support current and 
                former youth in their transition to adulthood.
                    ``(H) The State shall work to streamline processes 
                for communicating program eligibility and shall conduct 
                public awareness efforts to ensure that foster youth 
                are aware of the assistance available under the 
                program.
                    ``(I) The State agrees to submit such annual data 
                to the Secretary as the Secretary may require, 
                including data specifying the number of individuals, of 
                those in foster care or formerly in foster care who 
                have attained from 15 to 26 years of age, who (as 
                appropriate to the age and other circumstances of the 
                individual)--
                            ``(i) are eligible for a driver's license;
                            ``(ii) have completed a driver's education 
                        course;
                            ``(iii) have completed driver's training 
                        hours;
                            ``(iv) have obtained a learner's permit;
                            ``(v) have obtained a driver's license;
                            ``(vi) own a vehicle or otherwise have 
                        access to a vehicle to drive; and
                            ``(vii) have automotive liability 
                        insurance.
            ``(2) Report.--The Secretary shall annually submit a report 
        to the Committee on Ways and Means of the House of 
        Representatives and the Committee on Finance of the Senate on 
        the State driving and transportation assistance program under 
        this subsection, and shall make such report publicly available. 
        Such report shall include a compilation of the State data 
        submitted to the Secretary under paragraph (1)(I).''.
    (c) Certification.--Section 477(b)(3) of the Social Security Act 
(42 U.S.C. 677(b)(3)) is amended by adding at the end the following:
                    ``(L) A certification by the chief executive 
                officer of the State that the State driving and 
                transportation assistance program under this section is 
                in compliance with the conditions specified in 
                subsection (k)(1), including a statement describing 
                methods the State will use--
                            ``(i) to ensure that the total amount of 
                        driving and transportation assistance to a 
                        youth under this section and under other 
                        Federal and federally supported programs does 
                        not exceed the limitation specified in 
                        subsection (k)(1)(C)(ii); and
                            ``(ii) to avoid duplication of benefits 
                        under this and any other Federal or federally 
                        assisted benefit program.''.
    (d) Increased Authorization of Appropriations.--Section 477(h) of 
the Social Security Act (42 U.S.C. 677(h)) is amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) an additional $36,000,000, which are authorized to be 
        available for payments to States for driving and transportation 
        assistance in accordance with subsection (k)(1).''.
    (e) Allotments to States.--Section 477(c) of the Social Security 
Act (42 U.S.C. 677(c)) is amended--
            (1) by redesignating paragraph (4) as paragraph (5); and
            (2) by inserting after paragraph (3) the following:
            ``(4) Driving and transportation assistance allotment.--
                    ``(A) In general.--From the amount, if any, 
                appropriated pursuant to subsection (h)(3) for a fiscal 
                year and remaining after the reservation described in 
                subparagraph (B), the Secretary may allot to each State 
                with an application approved under subsection (b) for 
                the fiscal year an amount equal to the State foster 
                care ratio multiplied by the amount so specified.
                    ``(B) Reservations for indian tribes and tribal 
                organizations.--The Secretary shall reserve up to 3 
                percent of the amount appropriated each year pursuant 
                to subsection (h)(3) for payments to Indian tribes and 
                tribal organizations to be used in accordance with 
                subsection (k).''.
    (f) Discretionary Grants.--Section 474 of the Social Security Act 
(42 U.S.C. 674) is amended--
            (1) in subsection (e)(1), by striking ``section 477(a)(6)'' 
        and inserting ``section 477(a)(5)'';
            (2) by redesignating subsections (f) and (g) as subsections 
        (g) and (h), respectively; and
            (3) by inserting after subsection (e) the following:
    ``(f) Discretionary Grants for Driving and Transportation 
Assistance.--From amounts appropriated pursuant to section 477(h)(3), 
the Secretary may make a grant to a State with a plan approved under 
this part, for a calendar quarter, in an amount equal to the lesser 
of--
            ``(1) 80 percent of the amounts expended by the State 
        during the quarter to carry out programs for the purposes 
        described in section 477(a)(8); or
            ``(2) the amount, if any, allotted to the State under 
        section 477(c)(4)(A) for the fiscal year in which the quarter 
        occurs, reduced by the total of the amounts payable to the 
        State under this subsection for such purposes for all prior 
        quarters in the fiscal year.''.
    (g) Payments to Indian Tribal Organizations.--Section 477 of the 
Social Security Act (42 U.S.C. 677), as amended by subsection (b), is 
further amended by adding at the end the following:
    ``(l) Payments to Indian Tribes and Tribal Organizations for 
Driving and Transportation Assistance Programs.--
            ``(1) In general.--An Indian tribe or tribal organization 
        (as such terms are defined for purposes of section 428(c)) 
        which has a plan for child welfare services approved under 
        subpart 1 of part B of this title and which operates a foster 
        care program may apply for an allotment out of any amounts 
        reserved for a fiscal year under subsection (c)(4)(B) to carry 
        out programs for the purposes described in subsection (a)(8).
            ``(2) Application.--An Indian tribe or tribal organization 
        desiring an allotment under paragraph (1) of this subsection 
        shall submit an application to the Secretary to directly 
        receive such allotment that includes a plan which--
                    ``(A) satisfies such requirements of subsections 
                (b)(3) and (k) as the Secretary determines are 
                appropriate in consultation with the tribe or tribal 
                organization;
                    ``(B) contains a description of the Indian tribe or 
                tribal organization's consultation process regarding 
                the programs to be carried out under the plan with each 
                State in which the Indian tribe or tribal organization 
                is located; and
                    ``(C) contains an explanation of the results of 
                such consultation, particularly with respect to--
                            ``(i) determining the eligibility for 
                        driving and transportation assistance benefits 
                        and services of Indian children to be served 
                        under the programs to be carried out under the 
                        plan; and
                            ``(ii) the process for consulting with the 
                        State in order to ensure the continuity of such 
                        benefits and services for such children who 
                        will transition from receiving such benefits 
                        and services under programs carried out under a 
                        State plan under subsection (b)(2) to receiving 
                        such benefits and services under programs 
                        carried out under a plan under this subsection.
            ``(3) Payments.--The Secretary shall pay an Indian tribe or 
        tribal organization with an application approved under this 
        subsection from the allotment determined for the Indian tribe 
        or tribal organization under paragraph (4) in the same manner 
        as is provided in section 474(f) with respect to a State, or in 
        such other manner as is determined appropriate by the 
        Secretary, except that in no case shall an Indian tribe or 
        tribal organization receive a lesser proportion of such funds 
        than a State is authorized to receive under such section.
            ``(4) Allotment.--From the total amount reserved for a 
        fiscal year under subsection (c)(4)(B), the Secretary shall 
        allot to the Indian tribes or tribal organizations with an 
        application approved under this subsection for that fiscal year 
        an amount based on each Indian tribe or tribal organization's 
        share of the total tribal child population among all such 
        tribes and tribal organizations with an application so 
        approved.
            ``(5) Data and evaluation.--The Secretary shall consult 
        with tribes and tribal organizations to determine the tribally 
        relevant data needed to understand how the driving and 
        transportation assistance program helps tribal youth and if any 
        policies would improve tribal youth access to drivers' licenses 
        and, to the extent practicable, the number and demographic data 
        of tribal youth served.
            ``(6) Matching requirement.--In determining the amounts 
        expended by an Indian tribe or tribal organization for purposes 
        of section 474(f)(1), the Secretary may take into account in-
        kind expenditures of the Indian tribe or tribal 
        organization.''.
    (h) Technical Assistance.--Section 477(g)(2) of the Social Security 
Act (42 U.S.C. 677(g)(2)) is amended--
            (1) by striking ``the amount specified in subsection (h)'' 
        and inserting ``each of the amounts specified in paragraphs (1) 
        and (2) of subsection (h), and up to 5 percent of the amount 
        specified in paragraph (3) of such subsection,''; and
            (2) by adding at the end the following: ``With respect to 
        such reservations of amounts specified in paragraph (3) of 
        subsection (h), the Secretary--
                    ``(A) shall consider a higher reservation of funds 
                for initial fiscal years to the extent necessary to 
                support States in establishing a new program in each 
                State; and
                    ``(B) shall not consider an entity an appropriate 
                entity unless the entity has demonstrated the capacity 
                to successfully administer a State-mandated program to 
                provide driver's licenses to youth under the age of 18 
                who are in State foster care and to increase the number 
                of such foster youth who obtain a driver's license.''.
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