[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5645 Introduced in House (IH)]







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. Sanchez 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.

    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 ``Housing Protection and Foster Care 
Prevention Act of 2008''.

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 
guardianship 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 Guardianship Assistance 
Program.--The term `qualified post-foster care guardianship assistance 
program' means a program that meets the following requirements:
            ``(A) Assistance payments.--The program shall provide for 
        assistance payments in lieu of foster care payments to a 
        caregiver described in subparagraph (C) on behalf of a child 
        described in subparagraph (B).
            ``(B) Eligible children.--A child described in this 
        subparagraph is a child who--
                    ``(i) is less than 18 years of age;
                    ``(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 administered 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 dependency by a court; and
                    ``(v) is no longer under the supervision of such 
                foster care system.
            ``(C) Eligible caregivers.--A caregiver described 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.''.
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