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 consider-
ation as income for purposes of the United States Hous-
ing Act of 1937. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Housing Protection 
and Foster Care Prevention Act of 2008’’. 
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SEC. 2. TREATMENT OF PAYMENTS FROM QUALIFIED POST- 
FOSTER CARE GUARDIANSHIP ASSISTANCE 
PROGRAMS. 
(a) EXCLUSION FROM INCOME.—Paragraph (4) of 
section 3(b) of the United States Housing Act of 1937 
(42 U.S.C. 1437a(b)(4)) is amended by inserting after 
‘‘not actually received by the family’’ the following: ‘‘, any 
payments received from a qualified post-foster care guard-
ianship assistance program (as such term is defined in 
paragraph (14)),’’. 
(b) QUALIFIED POST-FOSTER CARE GUARDIANSHIP 
PROGRAM.—Section 3(b) of the United States Housing 
Act of 1937 (42 U.S.C. 1437a(b)) is amended by adding 
at the end the following new paragraph: 
‘‘(14) QUALIFIED POST-FOSTER CARE GUARDIAN-
SHIP ASSISTANCE PROGRAM.—The term ‘qualified post- 
foster care guardianship assistance program’ means a pro-
gram that meets the following requirements: 
‘‘(A) ASSISTANCE
PAYMENTS.—The program 
shall provide for assistance payments in lieu of fos-
ter care payments to a caregiver described in sub-
paragraph (C) on behalf of a child described in sub-
paragraph (B). 
‘‘(B) ELIGIBLE CHILDREN.—A child described 
in this subparagraph is a child who— 
‘‘(i) is less than 18 years of age; 
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‘‘(ii) is under the legal guardianship of a 
caregiver described in subparagraph (C); 
‘‘(iii) was cared for under foster care by 
such caregiver under a State or locally adminis-
tered foster care system for not less than 12 
months before the caregiver obtained legal 
guardianship of the child; 
‘‘(iv) will not be reunified with his or her 
birth parents, pursuant to a determination by 
the foster care system and a termination of de-
pendency by a court; and 
‘‘(v) is no longer under the supervision of 
such foster care system. 
‘‘(C) ELIGIBLE CAREGIVERS.—A caregiver de-
scribed in this subparagraph is a caregiver who— 
‘‘(i) has not adopted the child; 
‘‘(ii) is a relative of the child; and 
‘‘(iii) has been identified by the foster care 
system, pursuant to a formal assessment, as the 
most appropriate permanent placement for the 
child.’’. 
Æ 
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