H.R. 3329House111th Congress (2009-2011)In Committee

Look-back Elimination Act of 2009

Sponsored by John LewisRep. John Lewis (D-GA)
Introduced July 24, 2009

Legislative Activity

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2 earlier actions
HouseIntro Referral Latest Action

Referred to the House Committee on Ways and Means.

July 24, 2009

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HouseIntro Referral

Introduced in House

July 24, 2009

HouseIntro Referral

Sponsor introductory remarks on measure. (CR E2126)

July 24, 2009

HouseIntro Referral

Referred to the House Committee on Ways and Means.

July 24, 2009

Floor Debate

6 members

What members said about H.R. 3329 on the floor

2 Republicans4 Democrats
Al Green
Rep. Al GreenD-TX-9 · Jun 16, 2009

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 403) to provide housing assistance for very low- income veterans. Mr. Speaker, I ask unanimous consent that all Members have 5…

Maxine Waters
Rep. Maxine WatersD-CA-35 · Jul 31, 2009

Madam Speaker, I rise in strong support for the veterans' bills considered on the floor this week. I am very pleased that we have reached a point where we can begin to address the many institutional…

Shelley Moore Capito
Rep. Shelley Moore CapitoR-WV-2 · Jun 16, 2009

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I would like to thank my colleague, Mr. Green, for his passion and his devotion to this bill, Homes for Heroes Act, as he has been…

John Lewis
Rep. John LewisD-GA-5 · Jul 31, 2009

Madam Speaker, I am proud to introduce the Look-Back Elimination Act of 2009. I am proud to serve on the Ways and Means Committee Subcommittee on Income Security and Family Support led by Chairman…

Al Green
Rep. Al GreenD-TX-9 · May 21, 2009

Madam Speaker, I wish to honor our fallen veterans this Memorial Day on May 25, 2009. Our veterans, as well as our troops, risked their lives and their livelihoods for their country and for our…

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Henry C. "Hank" Johnson, Jr.
Rep. Henry C. "Hank" Johnson, Jr.D-GA-4 · Jun 16, 2009

Mr. Speaker, I rise today in strong support of H.R. 403, which will increase support for our veterans by providing them with housing benefits. I thank my colleague Representative Al Green for…

Maxine Waters
Rep. Maxine WatersD-CA-35 · Jun 16, 2009

Mr. Speaker, I rise today in strong support of H.R. 403, the Homes for Heroes Act of 2009. I am proud to be a cosponsor and would like to recognize the leadership of Representative Al Green who…

Ginny Brown-Waite
Rep. Ginny Brown-WaiteR-FL-5 · Jun 16, 2009

Mr. Speaker, I rise in support of H.R. 403, the Homes For Heroes Act of 2009. For our Nation's veterans, the fight does not end when they return from battle. Readjusting to civilian life and coping…

Bill Text

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Introduced in HouseIssued July 24, 2009

I

111th CONGRESS

1st Session

H. R. 3329

IN THE HOUSE OF REPRESENTATIVES

July 24, 2009

Mr. Lewis of Georgia (for himself, Mr. Stark, Mr. McGovern, Ms. Jackson-Lee of Texas, Mr. Payne, Mr. Honda, Mr. Crowley, Mr. Filner, and Ms. Berkley) introduced the following bill; which was referred to the Committee on Ways and Means

A BILL

To eliminate the requirement that, to be eligible for foster care maintenance payments, a child would have been eligible for aid under the former program of Aid to Families with Dependent Children at the time of removal from the home.

1.

Short title

This Act may be cited as the Look-back Elimination Act of 2009.

2.

Findings

The Congress finds as follows:

(1)

As part of President Franklin Delano Roosevelt’s New Deal, the Social Security Act of 1935 included the creation of the Aid to Dependent Children program as a way to provide Federal support to poor children. Over time, this program became the Aid to Families with Dependent Children (AFDC) program and provided assistance to struggling families for over 60 years.

(2)

Part E of title IV of the Social Security Act provides primary Federal funding for child welfare services. Under that part, the Federal Government pays a portion of the cost of providing Federal foster care and adoption assistance benefits for eligible children.

(3)

In 1996, when Congress replaced the AFDC program with the Temporary Assistance for Needy Families (TANF) program, Congress also fixed the income eligibility requirement for Federal foster care and adoption assistance benefits at a level based on the income thresholds established by the States under their former AFDC programs. This income eligibility requirement is now commonly referred to as the AFDC look-back standard.

(4)

At that time, many States had established very strict household income requirements in order for children to be eligible for AFDC benefits. As a result of this very strict requirement, many children in the Federal foster care and adoption assistance programs are ineligible to receive a wide range of Federal benefits, services, and activities. For example, this outdated, restrictive standard prevents the State of Georgia from providing assistance to more than half of the children in the child welfare system.

(5)

Forced to adhere to a stagnant standard, States increasingly struggle to administer Federal foster care and adoption assistance programs and provide services to those children most in need. As inflation increases, fewer children are eligible to receive Federal benefits, and States struggle to provide services from other, limited local and State resources.

(6)

Although the AFDC look-back standard still applies to the Federal foster care program, the Fostering Connections to Success and Increasing Adoptions Act of 2008 will have completely eliminated the AFDC look-back standard in the Federal adoption assistance program by 2018.

3.

Elimination of the AFDC eligibility requirement in the foster care maintenance payments program

(a)

In general

Section 472(a) of the Social Security Act (42 U.S.C. 672(a)) is amended—

(1)

in paragraph (1), by striking specified and all that follows and inserting or caretaker into foster care if the removal and foster care placement met, and continues to meet, the requirements of paragraph (2).; and

(2)

by striking paragraphs (3) and (4).

(b)

Conforming amendment

Section 470 of such Act (42 U.S.C. 670) is amended by striking who otherwise would have been eligible for assistance under the State’s plan approved under part A (as such plan was in effect on June 1, 1995).

4.

Sense of the Congress

It is the sense of the Congress that—

(1)

the AFDC eligibility requirement for Federal foster care and adoption assistance benefits should be eliminated and replaced with income eligibility standards that are based on modern, balanced criteria that treat all children equally; and

(2)

the Secretary of Health and Human Services should collaborate with Members of Congress and child welfare advocates in developing any modified standards.