[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 403 Engrossed in House (EH)]
111th CONGRESS
1st Session
H. R. 403
_______________________________________________________________________
AN ACT
To provide housing assistance for very low-income veterans.
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 ``Homes for Heroes Act of 2009''.
SEC. 2. SPECIAL ASSISTANT FOR VETERANS AFFAIRS IN OFFICE OF SECRETARY
OF HOUSING AND URBAN DEVELOPMENT.
Section 4 of the Department of Housing and Urban Development Act
(42 U.S.C. 3533) is amended by adding at the end the following new
subsection:
``(g) Special Assistant for Veterans Affairs.--
``(1) Establishment.--There shall be in the Department a
Special Assistant for Veterans Affairs, who shall be in the
Office of the Secretary.
``(2) Appointment.--The Special Assistant for Veterans
Affairs shall be appointed based solely on merit and shall be
covered under the provisions of title 5, United States Code,
governing appointments in the competitive service.
``(3) Responsibilities.--The Special Assistant for Veterans
Affairs shall be responsible for--
``(A) ensuring veterans have access to housing and
homeless assistance under each program of the
Department providing either such assistance;
``(B) coordinating all programs and activities of
the Department relating to veterans;
``(C) serving as a liaison for the Department with
the Department of Veterans Affairs, including
establishing and maintaining relationships with the
Secretary of Veterans Affairs;
``(D) serving as a liaison for the Department, and
establishing and maintaining relationships with
officials of State, local, regional, and
nongovernmental organizations concerned with veterans;
``(E) providing information and advice regarding--
``(i) sponsoring housing projects for
veterans assisted under programs administered
by the Department; or
``(ii) assisting veterans in obtaining
housing or homeless assistance under programs
administered by the Department;
``(F) preparing the annual report under section 8
of Homes for Heroes Act of 2009; and
``(G) carrying out such other duties as may be
assigned to the Special Assistant by the Secretary or
by law.''.
SEC. 3. SUPPORTIVE HOUSING FOR VERY LOW-INCOME VETERAN FAMILIES.
(a) Purpose.--The purposes of this section are--
(1) to expand the supply of permanent housing for very low-
income veteran families; and
(2) to provide supportive services through such housing to
support the needs of such veteran families.
(b) Authority.--
(1) In general.--The Secretary of Housing and Urban
Development shall, to the extent amounts are made available for
assistance under this section and the Secretary receives
approvable applications for such assistance, provide assistance
to private nonprofit organizations and consumer cooperatives to
expand the supply of supportive housing for very low-income
veteran families.
(2) Nature of assistance.--The assistance provided under
paragraph (1)--
(A) shall be available for use to plan for and
finance the acquisition, construction, reconstruction,
or moderate or substantial rehabilitation of a
structure or a portion of a structure to be used as
supportive housing for very low-income veteran families
in accordance with this section; and
(B) may also cover the cost of real property
acquisition, site improvement, conversion, demolition,
relocation, and other expenses that the Secretary
determines are necessary to expand the supply of
supportive housing for very low-income veteran
families.
(3) Consultation.--In meeting the requirement of paragraph
(1), the Secretary shall consult with--
(A) the Secretary of Veterans Affairs; and
(B) the Special Assistant for Veterans Affairs, as
such Special Assistant was established under section
4(g) of the Department of Housing and Urban Development
Act.
(c) Forms of Assistance.--Assistance under this section shall be
made available in the following forms:
(1) Planning grants.--Assistance may be provided as a grant
for costs of planning a project to be used as supportive
housing for very low-income veteran families.
(2) Capital advances.--Assistance may be provided as a
capital advance under this paragraph for a project, such
advance shall--
(A) bear no interest;
(B) not be required to be repaid so long as the
housing remains available for occupancy by very low-
income veteran families in accordance with this
section; and
(C) be in an amount calculated in accordance with
the development cost limitation established pursuant to
subsection (i).
(3) Project rental assistance.--Assistance may be provided
as project rental assistance, under an annual contract that--
(A) obligates the Secretary to make monthly
payments to cover any part of the costs attributed to
units occupied (or, as approved by the Secretary, held
for occupancy) by very low-income veteran families that
is not met from project income;
(B) provides for the project not more than the sum
of the initial annual project rentals for all units so
occupied and any initial utility allowances for such
units, as approved by the Secretary;
(C) provides that any contract amounts not used by
a project in any year shall remain available to the
project until the expiration of the contract;
(D) provides that upon the expiration of each
contract term, the Secretary shall adjust the annual
contract amount to provide for reasonable project
costs, and any increases, including adequate reserves,
supportive services, and service coordinators, except
that any contract amounts not used by a project during
a contract term shall not be available for such
adjustments upon renewal; and
(E) provides that in the event of emergency
situations that are outside the control of the owner,
the Secretary shall increase the annual contract
amount, subject to reasonable review and limitations as
the Secretary shall provide.
(d) Tenant Rent Contribution.--A very low-income veteran family
shall pay as rent for a dwelling unit assisted under this section the
highest of the following amounts, rounded to the nearest dollar:
(1) 30 percent of the veteran family's adjusted monthly
income.
(2) 10 percent of the veteran family's monthly income.
(3) If the veteran family is receiving payments for welfare
assistance from a public agency and a part of such payments,
adjusted in accordance with the veteran family's actual housing
costs, is specifically designated by such agency to meet the
veteran family's housing costs, the portion of such payments
which is so designated.
(e) Term of Commitment.--
(1) Use limitations.--All units in housing assisted under
this section shall be made available for occupancy by very low-
income veteran families for not less than 15 years.
(2) Contract terms for project rental assistance.--
(A) Initial term.--The initial term of a contract
entered into under subsection (c)(3) shall be 60
months.
(B) Extension.--The Secretary shall, subject only
to the availability of amounts provided in
appropriation Acts, renew the contract entered into
under subsection (c)(3) for 10 consecutive one-year
terms, the first such term beginning upon the
expiration of such 60-month period.
(C) Authority of secretary to make early
commitments.--In order to facilitate the orderly
extension of expiring contracts, the Secretary may make
commitments to extend expiring contracts during the
year prior to the date of expiration.
(f) Applications.--
(1) In general.--Amounts made available under this section
shall be allocated by the Secretary among approvable
applications submitted by private nonprofit organizations and
consumer cooperatives.
(2) Content of application.--
(A) In general.--Applications for assistance under
this section shall be submitted by an applicant in such
form and in accordance with such procedures as the
Secretary shall establish.
(B) Required content.--Applications for assistance
under this section shall contain--
(i) a description of the proposed housing;
(ii) a description of the assistance the
applicant seeks under this section;
(iii) a description of--
(I) the supportive services to be
provided to the persons occupying such
housing;
(II) the manner in which such
services will be provided to such
persons, including, in the case of
frail elderly persons (as such term is
defined in section 202 of the Housing
Act of 1959 (12 U.S.C. 1701q)),
evidence of such residential
supervision as the Secretary determines
is necessary to facilitate the adequate
provision of such services; and
(III) the public or private sources
of assistance that can reasonably be
expected to fund or provide such
services;
(iv) a certification from the public
official responsible for submitting a housing
strategy for the jurisdiction to be served in
accordance with section 105 of the Cranston-
Gonzalez National Affordable Housing Act (42
U.S.C. 12705) that the proposed project is
consistent with the approved housing strategy;
and
(v) such other information or
certifications that the Secretary determines to
be necessary or appropriate to achieve the
purposes of this section.
(3) Rejection.--The Secretary shall not reject any
application for assistance under this section on technical
grounds without giving notice of that rejection and the basis
therefore to the applicant.
(g) Initial Selection Criteria and Processing.--
(1) Selection criteria.--The Secretary shall establish
selection criteria for assistance under this section, which
shall include--
(A) criteria based upon--
(i) the ability of the applicant to develop
and operate the proposed housing;
(ii) the need for supportive housing for
very low-income veteran families in the area to
be served;
(iii) the extent to which the proposed size
and unit mix of the housing will enable the
applicant to manage and operate the housing
efficiently and ensure that the provision of
supportive services will be accomplished in an
economical fashion;
(iv) the extent to which the proposed
design of the housing will meet the service-
connected disability needs of very low-income
veteran families;
(v) the extent to which the applicant has
demonstrated that the supportive services
identified pursuant to subsection
(f)(2)(B)(iii) will be provided on a
consistent, long-term basis;
(vi) the extent to which the proposed
design of the housing will accommodate the
provision of supportive services that are
expected to be needed, either initially or over
the useful life of the housing, by the very
low-income veterans the housing is intended to
serve;
(vii) the extent to which the applicant has
ensured that a service coordinator will be
employed or otherwise retained for the housing,
who has the managerial capacity and
responsibility for carrying out the actions
described in clauses (i) and (ii) of subsection
(h)(2)(A); and
(viii) such other factors as the Secretary
determines to be appropriate to ensure that
funds made available under this section are
used effectively;
(B) a preference in such selection for applications
proposing housing to be reserved for occupancy by very
low-income veteran families who are homeless (as such
term is defined in section 103 of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11302)); and
(C) criteria appropriate to consider the need for
supportive housing for very low-income veteran families
in nonmetropolitan areas and by Indian tribes.
(2) Delegated processing.--
(A) Delegation to state or local housing
authority.--In issuing a capital advance under this
subsection for any project for which financing for the
purposes described in subsection (b)(2) is provided by
a combination of a capital advance under subsection
(c)(2) and sources other than this section, within 30
days of award of the capital advance, the Secretary
shall delegate review and processing of such projects
to a State or local housing agency that--
(i) is in geographic proximity to the
property;
(ii) has demonstrated experience in and
capacity for underwriting multifamily housing
loans that provide housing and supportive
services;
(iii) may or may not be providing low-
income housing tax credits in combination with
the capital advance under this section; and
(iv) agrees to issue a firm commitment
within 12 months of delegation.
(B) Processing by secretary.--The Secretary shall
retain the authority to process capital advances in
cases in which no State or local housing agency has
applied to provide delegated processing pursuant to
this paragraph or no such agency has entered into an
agreement with the Secretary to serve as a delegated
processing agency.
(C) Processing fees.--An agency to which review and
processing is delegated pursuant to subparagraph (A)
may assess a reasonable fee which shall be included in
the capital advance amounts and may recommend project
rental assistance amounts in excess of those initially
awarded by the Secretary. The Secretary shall develop a
schedule for reasonable fees under this subparagraph to
be paid to delegated processing agencies, which shall
take into consideration any other fees to be paid to
the agency for other funding provided to the project by
the agency, including bonds, tax credits, and other gap
funding.
(D) Authority retained by secretary.--Under such
delegated system, the Secretary shall retain the
authority to approve rents and development costs and to
execute a capital advance within 60 days of receipt of
the commitment from the State or local agency. The
Secretary shall provide to such agency and the project
sponsor, in writing, the reasons for any reduction in
capital advance amounts or project rental assistance
and such reductions shall be subject to appeal.
(h) Provision of Supportive Services to Veteran Families.--
(1) In general.--The Secretary of Housing and Urban
Development shall coordinate with the Secretary of Veterans
Affairs to ensure that any housing assistance provided to
veterans or veteran families includes a range of services
tailored to the needs of the very low-income veteran families
occupying such housing, which may include services for--
(A) outreach;
(B) health (including counseling, mental health,
substance abuse, post-traumatic stress disorder, and
traumatic brain injury) diagnosis and treatment;
(C) habilitation and rehabilitation;
(D) case management;
(E) daily living;
(F) personal financial planning;
(G) transportation;
(H) vocation;
(I) employment and training;
(J) education;
(K) assistance in obtaining veterans benefits and
public benefits;
(L) assistance in obtaining income support;
(M) assistance in obtaining health insurance;
(N) fiduciary and representative payee;
(O) legal aid;
(P) child care;
(Q) housing counseling;
(R) service coordination; and
(S) other services necessary for maintaining
independent living.
(2) Local coordination of services.--
(A) In general.--The Secretary of Housing and Urban
Development shall coordinate with the Secretary of the
Department of Veterans Affairs to ensure that owners of
housing assisted under this section have the managerial
capacity to--
(i) assess on an ongoing basis the service
needs of residents;
(ii) coordinate the provision of supportive
services and tailor such services to the
individual needs of residents; and
(iii) seek on a continuous basis new
sources of assistance to ensure the long-term
provision of supportive services.
(B) Classification of costs.--Any cost associated
with this subsection relating to the coordination of
services shall be an eligible cost under subsections
(c)(3).
(i) Development Cost Limitations.--
(1) In general.--The Secretary shall periodically establish
reasonable development cost limitations by market area for
various types and sizes of supportive housing for very low-
income veteran families by publishing a notice of the cost
limitations in the Federal Register.
(2) Considerations.--The cost limitations established under
paragraph (1) shall reflect--
(A) the cost of construction, reconstruction, or
moderate or substantial rehabilitation of supportive
housing for very low-income veteran families that meets
applicable State and local housing and building codes;
(B) the cost of movables necessary to the basic
operation of the housing, as determined by the
Secretary;
(C) the cost of special design features necessary
to make the housing accessible to very low-income
veteran families;
(D) the cost of community space necessary to
accommodate the provision of supportive services to
veteran families;
(E) if the housing is newly constructed, the cost
of meeting the energy efficiency standards promulgated
by the Secretary in accordance with section 109 of the
Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12709); and
(F) the cost of land, including necessary site
improvement.
(3) Use of data.--In establishing development cost
limitations for a given market area under this subsection, the
Secretary shall use data that reflect currently prevailing
costs of construction, reconstruction, or moderate or
substantial rehabilitation, and land acquisition in the area.
(4) Community space.--For purposes of paragraph (2), a
community space shall include space for cafeterias or dining
halls, community rooms or buildings, workshops, child care,
adult day health facilities or other outpatient health
facilities, or other essential service facilities.
(5) Commercial facilities.--Neither this section nor any
other provision of law may be construed as prohibiting or
preventing the location and operation, in a project assisted
under this section, of commercial facilities for the benefit of
residents of the project and the community in which the project
is located, except that assistance made available under this
section may not be used to subsidize any such commercial
facility.
(6) Acquisition.--In the case of existing housing and
related facilities to be acquired, the cost limitations shall
include--
(A) the cost of acquiring such housing;
(B) the cost of rehabilitation, alteration,
conversion, or improvement, including the moderate or
substantial rehabilitation thereof; and
(C) the cost of the land on which the housing and
related facilities are located.
(7) Annual adjustments.--The Secretary shall adjust the
cost limitation not less than annually to reflect changes in
the general level of construction, reconstruction, and moderate
and substantial rehabilitation costs.
(8) Incentives for savings.--
(A) Special housing account.--
(i) In general.--The Secretary shall use
the development cost limitations established
under paragraph (1) or (6) to calculate the
amount of financing to be made available to
individual owners.
(ii) Actual developmental costs less than
financing.--Owners which incur actual
development costs that are less than the amount
of financing shall be entitled to retain 50
percent of the savings in a special housing
account.
(iii) Bonus for energy efficiency.--The
percentage established under clause (ii) shall
be increased to 75 percent for owners which add
energy efficiency features which--
(I) exceed the energy efficiency
standards promulgated by the Secretary
in accordance with section 109 of the
Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 12709);
(II) substantially reduce the life-
cycle cost of the housing; and
(III) reduce gross rent
requirements.
(B) Uses.--The special housing account established
under subparagraph (A) may be used--
(i) to provide services to residents of the
housing or funds set aside for replacement
reserves; or
(ii) for such other purposes as determined
by the Secretary.
(9) Design flexibility.--The Secretary shall, to the extent
practicable, give owners the flexibility to design housing
appropriate to their location and proposed resident population
within broadly defined parameters.
(10) Use of funds from other sources.--An owner shall be
permitted voluntarily to provide funds from sources other than
this section for amenities and other features of appropriate
design and construction suitable for supportive housing under
this section if the cost of such amenities is--
(A) not financed with the advance; and
(B) is not taken into account in determining the
amount of Federal assistance or of the rent
contribution of tenants.
(j) Tenant Selection.--
(1) In general.--An owner shall adopt written tenant
selection procedures that are--
(A) satisfactory to the Secretary and which are--
(i) consistent with the purpose of
improving housing opportunities for very low-
income veteran families; and
(ii) reasonably related to program
eligibility and an applicant's ability to
perform the obligations of the lease; and
(B) compliant with subtitle C of title VI of the
Housing and Community Development Act of 1992 (42
U.S.C. 13601 et seq.) and any regulations issued under
such subtitle.
(2) Notification of rejection.--Owners shall promptly
notify in writing any rejected applicant of the grounds for any
rejection.
(3) Information regarding housing.--
(A) In general.--The Secretary shall provide, to
the Secretary of Veterans Affairs and the Secretary of
Labor, information regarding the availability of the
housing assisted under this section.
(B) Sharing of information with additional
agencies.--Within 30 days of receipt of the
information, the Secretary of Veterans Affairs and
Secretary of Labor shall provide such information to
agencies in the area of the housing that receive
assistance from the Department of Veterans Affairs and
the Department of Labor for providing medical care,
housing, supportive services or employment and training
services to homeless veterans.
(k) Miscellaneous Provisions.--
(1) Technical assistance.--The Secretary shall make
available appropriate technical assistance to ensure that
prospective applicants are able to participate more fully in
the program carried out under this section.
(2) Civil rights compliance.--Each owner shall certify, to
the satisfaction of the Secretary, that assistance made
available under this section will be conducted and administered
in conformity with title VI of the Civil Rights Act of 1964 (42
U.S.C. 2000a et seq.), the Fair Housing Act (42 U.S.C. 3601 et
seq.), and other Federal, State, and local laws prohibiting
discrimination and promoting equal opportunity.
(3) Owner deposit.--
(A) In general.--The Secretary shall require an
owner of housing, assisted under this section, to
deposit an amount not to exceed $15,000 in a special
escrow account to ensure the owner's commitment to the
housing. Such amount shall be used only to cover
operating deficits during the first three years of
operations and shall not be used to cover construction
shortfalls or inadequate initial project rental
assistance amounts.
(B) Reduction of requirement.--
(i) In general.--The Secretary may reduce
or waive the owner deposit specified under
subparagraph (A) for individual applicants if
the Secretary finds that such waiver or
reduction is necessary to achieve the purposes
of this section and the applicant demonstrates
to the satisfaction of the Secretary that it
has the capacity to manage and maintain the
housing in accordance with this section.
(ii) Nonprofits.--The Secretary may reduce
or waive the requirement of the owner deposit
under subparagraph (A) in the case of a
nonprofit applicant that is not affiliated with
a national sponsor, as determined by the
Secretary.
(4) Notice of appeal.--
(A) In general.--The Secretary shall notify an
owner not less than 30 days prior to canceling any
reservation of assistance provided under this section.
(B) Appeal.--
(i) Filing deadline.--During the 30-day
period following the receipt of any notice
required under subparagraph (A), an owner may
appeal the proposed cancellation.
(ii) Timing of decision.--Any appeal
undertaken under clause (i), including review
by the Secretary, shall be completed not later
than 45 days after the appeal is filed.
(5) Labor.--
(A) In general.--The Secretary shall take such
action as may be necessary to ensure that all laborers
and mechanics employed by contractors and
subcontractors in the construction of housing with 12
or more units assisted under this section shall be paid
wages at rates not less than the rates prevailing in
the locality involved for the corresponding classes of
laborers and mechanics employed on construction of a
similar character, as determined by the Secretary of
Labor in accordance with subchapter IV of chapter 31 of
title 40, United States Code.
(B) Exemption.--Subparagraph (A) shall not apply to
any individual who--
(i) performs services for which the
individual volunteered;
(ii) does not receive compensation for such
services or is paid expenses, reasonable
benefits, or a nominal fee for such services;
and
(iii) is not otherwise employed at any time
in the construction work.
(6) Access to residual receipts.--
(A) In general.--The Secretary shall authorize the
owner of a housing project assisted under this section
to use any residual receipts held for the project in
excess of $500 per unit (or in excess of such other
amount prescribed by the Secretary based on the needs
of the project) for activities to retrofit and renovate
the project as described under section 802(d)(3) of the
Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 8011(d)(3)) or to provide supportive services to
residents of the project.
(B) Report.--Any owner that uses residual receipts
under this paragraph shall submit to the Secretary a
report, not less than annually, describing the uses of
the residual receipts.
(C) Determination of amount.--In determining the
amount of project rental assistance to be provided to a
project under subsection (c)(3) of this section, the
Secretary may take into consideration the residual
receipts held for the project only if, and to the
extent that, excess residual receipts are not used
under this paragraph.
(7) Occupancy standards and obligations.--Each owner shall
operate housing assisted under this section in compliance with
subtitle C of title VI of the Housing and Community Development
Act of 1992 (42 U.S.C. 13601 et seq.) and any regulations
issued under such subtitle.
(8) Use of project reserves.--
(A) In general.--Amounts for project reserves for a
project assisted under this section may be used for
costs, subject to reasonable limitations as the
Secretary determines appropriate, for reducing the
number of dwelling units in the project.
(B) Approval of secretary required.--Any use
described in subparagraph (A) of amounts for project
reserves for a project assisted under this section
shall be subject to the approval of the Secretary to
ensure that such use is designed to retrofit units that
are currently obsolete or unmarketable.
(9) Repayment of assistance and prevention of undue
benefits.--
(A) Repayment.--If a recipient, or a project
sponsor receiving funds from the recipient, receives
assistance under subsection (b) for use pursuant to
paragraph (2) of such subsection for the construction,
acquisition, or rehabilitation of supportive housing
for very low-income veteran families and the project
ceases to provide permanent housing, the Secretary
shall require the recipient, or such project sponsor,
to repay the following percentage of such assistance:
(i) In the case of a project that ceases to
be used for such supportive housing before the
expiration of the 10-year period beginning upon
commencement of the operation of the project,
100 percent.
(ii) In the case of a project that ceases
to be used for such supportive housing on or
after the expiration of the 10-year period
beginning upon commencement of the operation of
the project, but before the expiration of the
15-year period beginning upon such
commencement, 20 percent of the assistance for
each of the years during such 15-year period
for which the project fails to provide
permanent housing.
(B) Prevention of undue benefits.--Except as
provided in paragraph (C), if any property is used for
a project that receives assistance under subsection (b)
for use pursuant to paragraph (2) of such subsection
for the construction, acquisition or rehabilitation of
supportive housing for very low-income veteran
families, and the sale or other disposition of the
property occurs before the expiration of the 15-year
period beginning upon commencement of the operation of
the project, the recipient (or the project sponsor
receiving funds from the recipient) shall comply with
such terms and conditions as the Secretary may
prescribe to prevent the recipient (or such project
sponsor) from unduly benefitting from such sale or
disposition.
(C) Exception.--A recipient, or a project sponsor
receiving funds from the recipient, shall not be
required to make repayments, and comply with the terms
and conditions, required under subparagraph (A) or (B)
if--
(i) the sale or disposition of the property
used for the project results in the use of the
property for the direct benefit of very-low
income persons;
(ii) all of the proceeds of the sale or
disposition are used to provide permanent
housing for very-low income veteran families
meeting the requirements of this section;
(iii) project-based rental assistance or
operating cost assistance from any Federal
program or an equivalent State or local program
is no longer made available and the project is
meeting applicable performance standards,
provided that the portion of the project that
had benefitted from such assistance continues
to meet the tenant income and rent restrictions
for low-income units under section 42(g) of the
Internal Revenue Code of 1986; or
(iv) there are no low-income veteran
families in the geographic area of the property
who meet the program criteria, in which case
the project may serve non-veteran individuals
and families having incomes described in
subsection (l)(2) of this section.
(10) Continued eligibility of very low-income veteran
families.--A veteran family residing in supportive housing
assisted under this section may not be considered to lose its
status as such a family for purposes of eligibility for
continued occupancy in such housing due to the death of any
veteran member of the family, including the sole veteran member
of the family.
(l) Definitions.--In this section, the following definitions shall
apply:
(1) Consumer cooperative.--The term ``consumer
cooperative'' has the same meaning given such term for purposes
of the supportive housing for the elderly program under section
202 of the Housing Act of 1959 (12 U.S.C. 1701q).
(2) Very low-income veteran family.--The term ``very low-
income veteran family'' means a veteran family whose income
does not exceed 50 percent of the median income for the area,
as determined by the Secretary with adjustments for smaller and
larger families, except that the Secretary may establish an
income ceiling higher or lower than 50 percent of the median
for the area on the basis of the Secretary's findings that such
variations are necessary because of prevailing levels of
construction costs or fair market rents (as determined under
section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f)), or unusually high or low family incomes.
(3) Owner.--The term ``owner'' means a private nonprofit
organization or consumer cooperative that receives assistance
under this section to develop and operate supportive housing
for very low-income veteran families.
(4) Private nonprofit organization.--The term ``private
nonprofit organization'' means--
(A) any incorporated private institution or
foundation--
(i) no part of the net earnings of which
inures to the benefit of any member, founder,
contributor, or individual;
(ii) which has a governing board that is
responsible for the operation of the housing
assisted under this section; and
(iii) which is approved by the Secretary as
to financial responsibility;
(B) a for-profit limited partnership the sole or
managing general partner of which is an organization
meeting the requirements under clauses (i), (ii), and
(iii) of subparagraph (A) or a corporation meeting the
requirements of subparagraph (C);
(C) a corporation wholly owned and controlled by an
organization meeting the requirements under clauses
(i), (ii), and (iii) of subparagraph (A); and
(D) a tribally designated housing entity, as such
term is defined in section 4 of the Native American
Housing Assistance and Self-Determination Act of 1996
(25 U.S.C. 4103).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development, except where specifically
provided otherwise.
(6) State.--The term ``State'' includes the several States,
the District of Columbia, the Commonwealth of Puerto Rico, and
the possessions of the United States.
(7) Supportive housing for very low-income veteran
families.--The term ``supportive housing for very low-income
veteran families'' means housing that is designed to
accommodate the provision of supportive services that are
expected to be needed, either initially or over the useful life
of the housing, by the veteran families that the housing is
intended to serve.
(8) Veteran.--The term ``veteran'' has the meaning given
the term in section 101 of title 38, United States Code.
(9) Veteran family.--The term ``veteran family'' includes a
veteran who is a single person, a family (including families
with children) whose head of household (or whose spouse) is a
veteran, and one or more veterans living together with 1 or
more persons.
(m) Allocation of Funds.--Of any amounts made available for
assistance under this section:
(1) Planning grants.--Not more than 2.5 percent shall be
available for planning grants in accordance with subsection
(c)(1).
(2) Capital advances.--Such sums as may be necessary shall
be available for capital advances in accordance with subsection
(c)(2).
(3) Project rental assistance.--Such sums as may be
necessary shall be available for project rental assistance in
accordance with subsection (c)(3).
(4) Technical assistance.--Not more than 1 percent shall be
available for technical assistance in accordance with
subsection (k)(1).
(n) Authorization of Appropriations for Housing Assistance.--There
is authorized to be appropriated for assistance under this section
$200,000,000 for fiscal year 2009 and such sums as may be necessary for
each fiscal year thereafter.
SEC. 4. HOUSING CHOICE VOUCHERS FOR HOMELESS VETERANS.
Section 8(o)(19) of the United States Housing Act of 1937 (42
U.S.C. 1437f(o)) is amended to read as follows:
``(19) Rental vouchers for homeless veterans.--
``(A) Additional vouchers.--In addition to any
amount made available for rental assistance under this
subsection, the Secretary shall make available the
amount specified in subparagraph (B), for use only for
providing rental assistance for homeless veterans in
conjunction with the Secretary of Veterans Affairs.
``(B) Amount.--The amount specified in this
subparagraph is, for each fiscal year, the amount
necessary to provide not fewer than 20,000 vouchers for
rental assistance under this subsection.
``(C) Continued eligibility of homeless veteran
families.--If any veteran member of a household for
which rental assistance is being provided under this
paragraph, including the sole veteran member of the
household, dies, such household may not be considered,
due to such death, to lose its status as the household
of a homeless veteran for purposes of--
``(i) eligibility for continued assistance
under this paragraph; or
``(ii) continued occupancy in the dwelling
unit in which such family is residing using
such assistance at the time of such death.
``(D) Funding.--The budget authority made available
under any other provisions of law for rental assistance
under this subsection for fiscal year 2009 and each
fiscal year thereafter is authorized to be increased in
each such fiscal year by such sums as may be necessary
to provide the number of vouchers specified in
subparagraph (B) for such fiscal year.''.
SEC. 5. INCLUSION OF VETERANS IN HOUSING PLANNING.
(a) Public Housing Agency Plans.--Section 5A(d)(1) of the United
States Housing Act of 1937 (42 U.S.C. 1437c-1(d)(1)) is amended by
striking ``and disabled families'' and inserting ``, disabled families,
and veterans (as such term is defined in section 101 of title 38,
United States Code)''.
(b) Comprehensive Housing Affordability Strategies.--
(1) In general.--Section 105 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12705) is amended--
(A) in subsection (b)(1), by inserting ``veterans
(as such term is defined in section 101 of title 38,
United States Code),'' after ``acquired
immunodeficiency syndrome,'';
(B) in subsection (b)(20), by striking ``and
service'' and inserting ``veterans service, and other
service''; and
(C) in subsection (e)(1), by inserting ``veterans
(as such term is defined in section 101 of title 38,
United States Code),'' after ``homeless persons,''.
(2) Consolidated plans.--The Secretary of Housing and Urban
Development shall revise the regulations relating to submission
of consolidated plans (part 91 of title 24, Code of Federal
Regulations) in accordance with the amendments made by
paragraph (1) of this subsection to require inclusion of
appropriate information relating to veterans and veterans
service agencies in all such plans.
SEC. 6. EXCLUSION OF VETERANS BENEFITS FROM ASSISTED HOUSING RENT
CONSIDERATIONS.
(a) In General.--Notwithstanding any other provision of law, for
purposes of determining the amount of rent paid by a family for
occupancy of a dwelling unit assisted under a federally assisted
housing program under subsection (b) or in housing assisted under any
other federally assisted housing program, the income and the adjusted
income of the family shall not be considered to include any amounts
received by any member of the family from the Secretary of Veterans
Affairs as--
(1) compensation, as such term is defined in section
101(13) of title 38, United States Code; and
(2) dependency and indemnity compensation, as such term is
defined in section 101(14) of such title.
(b) Federally Assisted Housing Program.--The federally assisted
housing programs under this subsection are--
(1) the public housing program under the United States
Housing Act of 1937 (42 U.S.C. 1437 et seq.);
(2) the tenant-based rental assistance program under
section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f), including the program under subsection (o)(19) of such
section for housing rental vouchers for low-income veteran
families;
(3) the project-based rental assistance program under
section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f);
(4) the program for housing opportunities for persons with
AIDS under subtitle D of title VIII of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 12901 et seq.);
(5) the supportive housing for the elderly program under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q);
(6) the supportive housing for persons with disabilities
program under section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013);
(7) the supportive housing for the homeless program under
subtitle C of title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11381 et seq.);
(8) the program for moderate rehabilitation of single room
occupancy dwellings for occupancy by the homeless under section
441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11401);
(9) the shelter plus care for the homeless program under
subtitle F of title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11403 et seq.);
(10) the supportive housing for very low-income veteran
families program under section 3 of this Act;
(11) the rental assistance payments program under section
521(a)(2)(A) of the Housing Act of 1949 (42 U.S.C.
1490a(a)(2)(A);
(12) the rental assistance program under section 236 of the
National Housing Act (12 U.S.C. 1715z-1);
(13) the rural housing programs under section 515 and 538
of the Housing Act of 1949 (42 U.S.C. 1485, 1490p-2);
(14) the HOME investment partnerships program under title
II of the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12721 et seq.);
(15) the block grant programs for affordable housing for
Native Americans and Native Hawaiians under titles I through IV
and VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111 et seq., 4221 et
seq.);
(16) any other program for housing assistance administered
by the Secretary of Housing and Urban Development or the
Secretary of Agriculture under which eligibility for occupancy
in the housing assisted or for housing assistance is based upon
income;
(17) low-income housing credits allocated pursuant to
section 42 of the Internal Revenue Code of 1986; and
(18) tax-exempt bonds issued for qualified residential
rental projects pursuant to section 142(d) of the Internal
Revenue Code of 1986.
SEC. 7. TECHNICAL ASSISTANCE GRANTS FOR HOUSING ASSISTANCE FOR
VETERANS.
(a) In General.--The Secretary of Housing and Urban Development
shall, to the extent amounts are made available in appropriation Acts
for grants under this section, make grants to eligible entities under
subsection (b) to provide to nonprofit organizations technical
assistance appropriate to assist such organizations in--
(1) sponsoring housing projects for veterans assisted under
programs administered by the Department of Housing and Urban
Development;
(2) fulfilling the planning and application processes and
requirements necessary under such programs administered by the
Department; and
(3) assisting veterans in obtaining housing or homeless
assistance under programs administered by the Department.
(b) Eligible Entities.--An eligible entity under this subsection is
a nonprofit entity or organization having such expertise as the
Secretary shall require in providing technical assistance to providers
of services for veterans.
(c) Selection of Grant Recipients.--The Secretary of Housing and
Urban Development shall establish criteria for selecting applicants for
grants under this section to receive such grants and shall select
applicants based upon such criteria.
(d) Funding.--Of any amounts made available in fiscal year 2009 or
any fiscal year thereafter to the Department of Housing and Urban
Development for salaries and expenses, $1,000,000 shall be available,
and shall remain available until expended, for grants under this
section.
SEC. 8. ANNUAL REPORT ON HOUSING ASSISTANCE TO VETERANS.
(a) In General.--Not later than December 31 each year, the
Secretary of Housing and Urban Development shall submit a report on the
activities of the Department of Housing and Urban Development relating
to veterans during such year to the following:
(1) The Committee on Banking, Housing, and Urban Affairs of
the Senate.
(2) The Committee on Veterans' Affairs of the Senate.
(3) The Committee on Appropriations of the Senate.
(4) The Committee on Financial Services of the House of
Representatives.
(5) The Committee on Veterans' Affairs of the House of
Representatives.
(6) The Committee on Appropriations of the House of
Representatives.
(7) The Secretary of Veterans Affairs.
(b) Contents.--Each report required under subsection (a) shall
include the following information with respect to the year for which
the report is submitted:
(1) The number of very low-income veteran families provided
assistance under the program of supportive housing for very
low-income veteran families under section 3, the socioeconomic
characteristics of such families, the types of assistance
provided such families, and the number, types, and locations of
owners of housing assisted under such section.
(2) The number of homeless veterans provided assistance
under the program of housing choice vouchers for homeless
veterans under section 8(o)(19) of the United States Housing
Act of 1937 (42 U.S.C. 1437f(o)(19)) (as amended by section 4),
the socioeconomic characteristics of such homeless veterans,
and the number, types, and locations of entities contracted
under such section to administer the vouchers.
(3) A summary description of the special considerations
made for veterans under public housing agency plans submitted
pursuant to section 5A of the United States Housing Act of 1937
(42 U.S.C. 1437c-1) and under comprehensive housing
affordability strategies submitted pursuant to section 105 of
the Cranston-Gonzalez National Affordable Housing Act (42
U.S.C. 12705).
(4) A description of the technical assistance provided to
organizations pursuant to grants under section 7.
(5) A description of the activities of the Special
Assistant for Veterans Affairs.
(6) A description of the efforts of the Department of
Housing and Urban Development to coordinate the delivery of
housing and services to veterans with other Federal departments
and agencies, including the Department of Defense, Department
of Justice, Department of Labor, Department of Health and Human
Services, Department of Veterans Affairs, Interagency Council
on Homelessness, and the Social Security Administration.
(7) The cost to the Department of Housing and Urban
Development of administering the programs and activities
relating to veterans.
(8) Any other information that the Secretary considers
relevant in assessing the programs and activities of the
Department of Housing and Urban Development relating to
veterans.
(c) Assessment of Housing Needs of Very Low-Income Veteran
Families.--
(1) In general.--For the first report submitted pursuant to
subsection (a) and every fifth report thereafter, the Secretary
of Housing and Urban Development shall--
(A) conduct an assessment of the housing needs of
very low-income veteran families (as such term is
defined in section 3); and
(B) shall include in each such report findings
regarding such assessment.
(2) Content.--Each assessment under this subsection shall
include--
(A) conducting a survey of, and direct interviews
with, a representative sample of very low-income
veteran families (as such term is defined in section 3)
to determine past and current--
(i) socioeconomic characteristics of such
veteran families;
(ii) barriers to such veteran families
obtaining safe, quality, and affordable
housing;
(iii) levels of homelessness among such
veteran families; and
(iv) levels and circumstances of, and
barriers to, receipt by such veteran families
of rental housing and homeownership assistance;
and
(B) such other information that the Secretary
determines, in consultation with the Secretary of
Veterans Affairs and national nongovernmental
organizations concerned with veterans, homelessness,
and very low-income housing, may be useful to the
assessment.
(3) Conduct.--If the Secretary contracts with an entity
other than the Department of Housing and Urban Development to
conduct the assessment under this subsection, such entity shall
be a nongovernmental organization determined by the Secretary
to have appropriate expertise in quantitative and qualitative
social science research.
(4) Funding.--Of any amounts made available pursuant to
section 501 of the Housing and Urban Development Act of 1970
(42 U.S.C. 1701z-1) for programs of research, studies, testing,
or demonstration relating to the mission or programs of the
Department of Housing and Urban Development for any fiscal year
in which an assessment under this subsection is required
pursuant to paragraph (1) of this subsection, $1,000,000 shall
be available until expended for costs of the assessment under
this subsection.
Passed the House of Representatives June 16, 2009.
Attest:
Clerk.
111th CONGRESS
1st Session
H. R. 403
_______________________________________________________________________
AN ACT
To provide housing assistance for very low-income veterans.