[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5051 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 5051
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 SENATE OF THE UNITED STATES
September 29, 2022
Ms. Hassan (for herself and Mr. Young) introduced the following bill;
which was read twice and referred to the Committee on Finance
_______________________________________________________________________
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.
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.''.
<all>