Foster Youth and Driving Act

II 118TH CONGRESS 1ST SESSION S. 699 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 MARCH 8, 2023 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Foster Youth and 4 Driving Act’’. 5 SEC. 2. FOSTER PARENT TRAINING RELATED TO PRE- 6 PARING A CHILD TO DRIVE. 7 Section 471(a)(24) of the Social Security Act (42 8 U.S.C. 671(a)(24)) is amended— 9 VerDate Sep 11 2014 00:19 Mar 16, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S699.IS S699 kjohnson on DSK79L0C42PROD with BILLS 2 •S 699 IS (1) by striking ‘‘and knowledge and skills’’ and 1 inserting ‘‘knowledge and skills’’; and 2 (2) by inserting before the semicolon at the end 3 the following: ‘‘and, when appropriate to the age or 4 other circumstance of the child, knowledge and skills 5 related to preparing the child to drive, including as- 6 suring opportunity for practice driving hours and as- 7 sistance in obtaining a driver’s license and auto- 8 motive insurance and in applying as needed for driv- 9 ing and transportation assistance as described in 10 section 477(k)’’. 11 SEC. 3. REQUIREMENT TO INCLUDE A PLAN FOR DRIVING 12 PREPARATION IN CASE PLAN. 13 Section 475(1) of the Social Security Act (42 U.S.C. 14 675(1)) is amended— 15 (1) in subparagraph (G)(ii), by moving the 16 margin for subclause (II) 2 ems to the right; and 17 (2) by adding at the end the following: 18 ‘‘(H) A plan for assuring that the child, 19 when appropriate to the age or other cir- 20 cumstance of the child, receives assistance, 21 knowledge, and skills related to preparing to 22 drive, including opportunity for practice driving 23 hours and assistance in obtaining a driver’s li- 24 cense and automotive insurance and in applying 25 VerDate Sep 11 2014 00:19 Mar 16, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S699.IS S699 kjohnson on DSK79L0C42PROD with BILLS 3 •S 699 IS as needed for driving and transportation assist- 1 ance as described in section 477(k).’’. 2 SEC. 4. DRIVING AND TRANSPORTATION ASSISTANCE PRO- 3 GRAM. 4 (a) PURPOSE.—Section 477(a) of the Social Security 5 Act (42 U.S.C. 677(a)) is amended— 6 (1) in paragraph (6), by striking ‘‘and’’ at the 7 end; 8 (2) in paragraph (7), by striking the period at 9 the end and inserting ‘‘; and’’; and 10 (3) by adding at the end the following: 11 ‘‘(8) to provide driving and transportation as- 12 sistance to children in foster care and certain former 13 foster care recipients who have attained the appro- 14 priate age and circumstances to begin receiving such 15 assistance.’’. 16 (b) DRIVING AND TRANSPORTATION ASSISTANCE.— 17 Section 477 of the Social Security Act (42 U.S.C. 677) 18 is amended by adding at the end the following: 19 ‘‘(k) FUNDS FOR DRIVING AND TRANSPORTATION 20 ASSISTANCE.— 21 ‘‘(1) IN GENERAL.—The following conditions 22 shall apply to a State driving and transportation as- 23 sistance program under this section: 24 VerDate Sep 11 2014 00:19 Mar 16, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S699.IS S699 kjohnson on DSK79L0C42PROD with BILLS 4 •S 699 IS ‘‘(A) Assistance under the program shall 1 be available to youth who have experienced fos- 2 ter care at age 14 or older, as described in sub- 3 section (a)(1). 4 ‘‘(B) The State may allow youths partici- 5 pating in the assistance program on the date 6 they attain 21 years of age to remain eligible 7 until they attain 26 years of age, as long as the 8 State is satisfied that they are working or en- 9 rolled in a postsecondary education or other 10 employment training program and are making 11 satisfactory progress toward completion of that 12 program. 13 ‘‘(C) The assistance provided for an indi- 14 vidual under this section— 15 ‘‘(i) may include vehicle insurance 16 costs, driver’s education class and testing 17 fees, practice lessons, practice hours, li- 18 cense fees, roadside assistance, deductible 19 assistance, assistance in purchasing an 20 automobile, and any other costs related to 21 obtaining a driver’s license and driving le- 22 gally in the State; and 23 ‘‘(ii) shall not exceed the lesser of 24 $4,000 per year or the total cost of the 25 VerDate Sep 11 2014 00:19 Mar 16, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S699.IS S699 kjohnson on DSK79L0C42PROD with BILLS 5 •S 699 IS items described in clause (i), excluding the 1 cost of a vehicle purchased as part of the 2 program. 3 ‘‘(D) The State shall ensure that, in the 4 case of a youth in foster care under the age of 5 18 participating in the assistance program, the 6 youth’s foster parent (if any) may authorize an- 7 other adult to provide any authorization re- 8 quired by the State to be provided by a parent 9 or guardian in order for such a youth to obtain 10 a driver’s license or permit or take driving les- 11 sons. 12 ‘‘(E) The State shall work to remove bar- 13 riers to obtaining a driver’s license and appro- 14 priate insurance for youth under the age of 18, 15 such as addressing liability and insurance laws 16 to allow minor youth to more easily obtain a li- 17 cense. 18 ‘‘(F) The amount of assistance under this 19 section— 20 ‘‘(i) shall not, for purposes of the In- 21 ternal Revenue Code of 1986, be includible 22 in the gross income of the individual with 23 respect to whom such assistance is pro- 24 vided, and 25 VerDate Sep 11 2014 00:19 Mar 16, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S699.IS S699 kjohnson on DSK79L0C42PROD with BILLS 6 •S 699 IS ‘‘(ii) shall be disregarded for purposes 1 of determining such individual’s eligibility 2 for, or the amount of, any other Federal or 3 federally supported assistance, except that 4 the State agency shall take appropriate 5 steps to prevent duplication of benefits 6 under this and other Federal or federally 7 supported programs. 8 ‘‘(G) The State shall coordinate the pro- 9 gram with other appropriate programs, includ- 10 ing those described under subsection (b)(3)(F), 11 to support current and former youth in their 12 transition to adulthood. 13 ‘‘(H) The State shall work to streamline 14 processes for communicating program eligibility 15 and shall conduct public awareness efforts to 16 ensure that foster youth are aware of the assist- 17 ance available under the program. 18 ‘‘(I) The State agrees to submit such an- 19 nual data to the Secretary as the Secretary may 20 require, including data specifying the number of 21 individuals, of those in foster care or formerly 22 in foster care who have attained from 15 to 26 23 years of age, who (as appropriate to the age 24 and other circumstances of the individual)— 25 VerDate Sep 11 2014 00:19 Mar 16, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S699.IS S699 kjohnson on DSK79L0C42PROD with BILLS 7 •S 699 IS ‘‘(i) are eligible for a driver’s license; 1 ‘‘(ii) have completed a driver’s edu- 2 cation course; 3 ‘‘(iii) have completed driver’s training 4 hours; 5 ‘‘(iv) have obtained a learner’s permit; 6 ‘‘(v) have obtained a driver’s license; 7 ‘‘(vi) own a vehicle or otherwise have 8 access to a vehicle to drive; and 9 ‘‘(vii) have automotive liability insur- 10 ance. 11 ‘‘(2) REPORT.—The Secretary shall annually 12 submit a report to the Committee on Ways and 13 Means of the House of Representatives and the 14 Committee on Finance of the Senate on the State 15 driving and transportation assistance program under 16 this subsection, and shall make such report publicly 17 available. Such report shall include a compilation of 18 the State data submitted to the Secretary under 19 paragraph (1)(I).’’. 20 (c) CERTIFICATION.—Section 477(b)(3) of the Social 21 Security Act (42 U.S.C. 677(b)(3)) is amended by adding 22 at the end the following: 23 ‘‘(L) A certification by the chief executive 24 officer of the State that the State driving and 25 VerDate Sep 11 2014 00:19 Mar 16, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S699.IS S699 kjohnson on DSK79L0C42PROD with BILLS 8 •S 699 IS transportation assistance program under this 1 section is in compliance with the conditions 2 specified in subsection (k)(1), including a state- 3 ment describing methods the State will use— 4 ‘‘(i) to ensure that the total amount 5 of driving and transportation assistance to 6 a youth under this section and under other 7 Federal and federally supported programs 8 does not exceed the limitation specified in 9 subsection (k)(1)(C)(ii); and 10 ‘‘(ii) to avoid duplication of benefits 11 under this and any other Federal or feder- 12 ally assisted benefit program.’’. 13 (d) INCREASED AUTHORIZATION OF APPROPRIA- 14 TIONS.—Section 477(h) of the Social Security Act (42 15 U.S.C. 677(h)) is amended— 16 (1) in paragraph (1), by striking ‘‘and’’ at the 17 end; 18 (2) in paragraph (2), by striking the period at 19 the end and inserting ‘‘; and’’; and 20 (3) by adding at the end the following: 21 ‘‘(3) an additional $36,000,000, which are au- 22 thorized to be available for payments to States for 23 driving and transportation assistance in accordance 24 with subsection (k)(1).’’. 25 VerDate Sep 11 2014 00:19 Mar 16, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S699.IS S699 kjohnson on DSK79L0C42PROD with BILLS 9 •S 699 IS (e) ALLOTMENTS TO STATES.—Section 477(c) of the 1 Social Security Act (42 U.S.C. 677(c)) is amended— 2 (1) by redesignating paragraph (4) as para- 3 graph (5); and 4 (2) by inserting after paragraph (3) the fol- 5 lowing: 6 ‘‘(4) DRIVING AND TRANSPORTATION ASSIST- 7 ANCE ALLOTMENT.— 8 ‘‘(A) IN GENERAL.—From the amount, if 9 any, appropriated pursuant to subsection (h)(3) 10 for a fiscal year and remaining after the res- 11 ervation described in subparagraph (B), the 12 Secretary may allot to each State with an appli- 13 cation approved under subsection (b) for the 14 fiscal year an amount equal to the State foster 15 care ratio multiplied by the amount so specified. 16 ‘‘(B) RESERVATIONS FOR INDIAN TRIBES 17 AND TRIBAL ORGANIZATIONS.—The Secretary 18 shall reserve up to 3 percent of the amount ap- 19 propriated each year pursuant to subsection 20 (h)(3) for payments to Indian tribes and tribal 21 organizations to be used in accordance with 22 subsection (k).’’. 23 (f) DISCRETIONARY GRANTS.—Section 474 of the 24 Social Security Act (42 U.S.C. 674) is amended— 25 VerDate Sep 11 2014 00:19 Mar 16, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S699.IS S699 kjohnson on DSK79L0C42PROD with BILLS 10 •S 699 IS (1) in subsection (e)(1), by striking ‘‘section 1 477(a)(6)’’ and inserting ‘‘section 477(a)(5)’’; 2 (2) by redesignating subsections (f) and (g) as 3 subsections (g) and (h), respectively; and 4 (3) by inserting after subsection (e) the fol- 5 lowing: 6 ‘‘(f) DISCRETIONARY GRANTS FOR DRIVING AND 7 TRANSPORTATION ASSISTANCE.—From amounts appro- 8 priated pursuant to section 477(h)(3), the Secretary may 9 make a grant to a State with a plan approved under this 10 part, for a calendar quarter, in an amount equal to the 11 lesser of— 12 ‘‘(1) 80 percent of the amounts expended by 13 the State during the quarter to carry out programs 14 for the purposes described in section 477(a)(8); or 15 ‘‘(2) the amount, if any, allotted to the State 16 under section 477(c)(4)(A) for the fiscal year in 17 which the quarter occurs, reduced by the total of the 18 amounts payable to the State under this subsection 19 for such purposes for all prior quarters in the fiscal 20 year.’’. 21 (g) PAYMENTS TO INDIAN TRIBAL ORGANIZA- 22 TIONS.—Section 477 of the Social Security Act (42 U.S.C. 23 677), as amended by subsection (b), is further amended 24 by adding at the end the following: 25 VerDate Sep 11 2014 00:19 Mar 16, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S699.IS S699 kjohnson on DSK79L0C42PROD with BILLS 11 •S 699 IS ‘‘(l) PAYMENTS TO INDIAN TRIBES AND TRIBAL OR- 1 GANIZATIONS FOR DRIVING AND TRANSPORTATION AS- 2 SISTANCE PROGRAMS.— 3 ‘‘(1) IN GENERAL.—An Indian tribe or tribal 4 organization (as such terms are defined for purposes 5 of section 428(c)) which has a plan for child welfare 6 services approved under subpart 1 of part B of this 7 title and which operates a foster care program may 8 apply for an allotment out of any amounts reserved 9 for a fiscal year under subsection (c)(4)(B) to carry 10 out programs for the purposes described in sub- 11 section (a)(8). 12 ‘‘(2) APPLICATION.—An Indian tribe or tribal 13 organization desiring an allotment under paragraph 14 (1) of this subsection shall submit an application to 15 the Secretary to directly receive such allotment that 16 includes a plan which— 17 ‘‘(A) satisfies such requirements of sub- 18 sections (b)(3) and (k) as the Secretary deter- 19 mines are appropriate in consultation with the 20 tribe or tribal organization; 21 ‘‘(B) contains a description of the Indian 22 tribe or tribal organization’s consultation proc- 23 ess regarding the programs to be carried out 24 VerDate Sep 11 2014 00:19 Mar 16, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S699.IS S699 kjohnson on DSK79L0C42PROD with BILLS 12 •S 699 IS under the plan with each State in which the In- 1 dian tribe or tribal organization is located; and 2 ‘‘(C) contains an explanation of the results 3 of such consultation, particularly with respect 4 to— 5 ‘‘(i) determining the eligibility for 6 driving and transportation assistance bene- 7 fits and services of Indian children to be 8 served under the programs to be carried 9 out under the plan; and 10 ‘‘(ii) the process for consulting with 11 the State in order to ensure the continuity 12 of such benefits and services for such chil- 13 dren who will transition from receiving 14 such benefits and services under programs 15 carried out under a State plan under sub- 16 section (b)(2) to receiving such benefits 17 and services under programs carried out 18 under a plan under this subsection. 19 ‘‘(3) PAYMENTS.—The Secretary shall pay an 20 Indian tribe or tribal organization with an applica- 21 tion approved under this subsection from the allot- 22 ment determined for the Indian tribe or tribal orga- 23 nization under paragraph (4) in the same manner as 24 is provided in section [Text truncated for display. 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