I 

110TH CONGRESS 

2D SESSION H. R. 5645 

To exclude assistance payments under certain post-foster care guardianship 

assistance programs from consideration as income for purposes of the 

United States Housing Act of 1937. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 14, 2008 

Ms. WATERS (for herself, Mr. FRANK of Massachusetts, Ms. ROYBAL-ALLARD, 

Mr. STARK, Mr. HONDA, Ms. LINDA T. SA ́NCHEZ of California, Mr. 

COSTA, Ms. ZOE LOFGREN of California, Mr. SIRES, Mr. AL GREEN of 

Texas, Mr. MCDERMOTT, and Ms. CLARKE) introduced the following bill; 

which was referred to the Committee on Financial Services 

A BILL 

To exclude assistance payments under certain post-foster 

care guardianship assistance programs from consideration as income for purposes of the United States Housing Act of 1937. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Housing Protection 

5 and Foster Care Prevention Act of 2008’’. 


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1 SEC. 2. TREATMENT OF PAYMENTS FROM QUALIFIED POST2 FOSTER CARE GUARDIANSHIP ASSISTANCE 

3 PROGRAMS. 

4 (a) EXCLUSION FROM INCOME.—Paragraph (4) of 

5 section 3(b) of the United States Housing Act of 1937 

6 (42 U.S.C. 1437a(b)(4)) is amended by inserting after 

7 ‘‘not actually received by the family’’ the following: ‘‘, any 

8 payments received from a qualified post-foster care guard9 ianship assistance program (as such term is defined in 

10 paragraph (14)),’’. 

11 (b) QUALIFIED POST-FOSTER CARE GUARDIANSHIP

12 PROGRAM.—Section 3(b) of the United States Housing 

13 Act of 1937 (42 U.S.C. 1437a(b)) is amended by adding 

14 at the end the following new paragraph: 

15 ‘‘(14) QUALIFIED POST-FOSTER CARE GUARDIAN16 SHIP ASSISTANCE PROGRAM.—The term ‘qualified post17 foster care guardianship assistance program’ means a pro18 gram that meets the following requirements: 

19 ‘‘(A) ASSISTANCE PAYMENTS.—The program 

20 shall provide for assistance payments in lieu of fos21 ter care payments to a caregiver described in sub22 paragraph (C) on behalf of a child described in sub23 paragraph (B). 

24 ‘‘(B) ELIGIBLE CHILDREN.—A child described 

25 in this subparagraph is a child who— 

26 ‘‘(i) is less than 18 years of age; 


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1 ‘‘(ii) is under the legal guardianship of a 

2 caregiver described in subparagraph (C); 

3 ‘‘(iii) was cared for under foster care by 

4 such caregiver under a State or locally adminis5 tered foster care system for not less than 12 

6 months before the caregiver obtained legal 

7 guardianship of the child; 

8 ‘‘(iv) will not be reunified with his or her 

9 birth parents, pursuant to a determination by 

10 the foster care system and a termination of de11 pendency by a court; and 

12 ‘‘(v) is no longer under the supervision of 

13 such foster care system. 

14 ‘‘(C) ELIGIBLE CAREGIVERS.—A caregiver de15 scribed in this subparagraph is a caregiver who— 

16 ‘‘(i) has not adopted the child; 

17 ‘‘(ii) is a relative of the child; and 

18 ‘‘(iii) has been identified by the foster care 

19 system, pursuant to a formal assessment, as the 

20 most appropriate permanent placement for the 

21 child.’’. 

Æ 


hsrobinson on PROD1PC76 with BILLS