[Congressional Record Volume 158, Number 127 (Wednesday, September 19, 2012)]
[House]
[Pages H6121-H6124]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VULNERABLE VETERANS HOUSING REFORM ACT OF 2012
Mrs. BIGGERT. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 6361) to exclude from consideration as income under the
United States Housing Act of 1937 payments of pension made under
section 1521 of title 38, United States Code, to veterans who are in
need of regular aid and attendance, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 6361
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 ``Vulnerable Veterans Housing
Reform Act of 2012''.
SEC. 2. 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--
(1) by striking ``and any amounts'' and inserting ``, any
amounts'';
(2) by striking ``or any deferred'' and inserting ``, any
deferred''; and
(3) by inserting after ``prospective monthly amounts'' the
following: ``, and any expenses related to aid and attendance
as detailed under section 1521 of title 38, United States
Code''.
SEC. 3. UTILITY ALLOWANCES AND DATA.
Section 8(o) of the United States Housing Act of 1937 (42
U.S.C. 1437f(o)) is amended--
(1) in paragraph (2), by adding at the end the following
new subparagraph:
``(D) Utility allowance.--
``(i) In general.--In determining the monthly assistance
payment for a family under subparagraphs (A) and (B), the
amount allowed for tenant-paid utilities shall not exceed the
appropriate utility allowance for the family unit size as
determined by the public housing agency regardless of the
size of the dwelling unit leased by the family.
``(ii) Exception for certain families.--Notwithstanding
subparagraph (A), upon request by a family that includes a
person with disabilities, an elderly family, or a family that
includes any person who is less than 18 years of age, the
public housing agency shall approve a utility allowance that
is higher than the applicable amount on the utility allowance
schedule, except that in the case of a family that includes a
person with disabilities, the agency shall approve such
higher amount only if a higher utility allowance is needed as
a reasonable accommodation to make the program accessible to
and usable by the family member with a disability.
``(iii) Authority to increase allowance.--Notwithstanding
subparagraph (A), in the case of any family not described in
clause (ii), a public housing agency may, at the request of
the family, approve a utility allowance that is higher than
the applicable amount on the utility allowance schedule. In
making such a determination, the agency shall consider (I)
the amount of the increase in utility costs for the family,
and (II) the difficulty for the family in relocating.''; and
(2) by adding at the end the following new paragraph:
``(21) Utility data.--
``(A) Publication.--The Secretary shall, to the extent that
data can be collected cost effectively, regularly publish
such data regarding utility consumption and costs in local
areas as the Secretary determines will be useful for the
establishment of allowances for tenant-paid utilities for
families assisted under this subsection.
``(B) Use of data.--The Secretary shall provide such data
in a manner that--
``(i) avoids unnecessary administrative burdens for public
housing agencies and owners; and
``(ii) protects families in various unit sizes and building
types, and using various utilities, from high rent and
utility cost burdens relative to income.''.
SEC. 4. PILOT PROGRAM FOR GRANTS FOR REHABILITATION AND
MODIFICATION OF HOMES OF DISABLED AND LOW-
INCOME VETERANS.
(a) Grant.--
(1) In general.--The Secretary shall establish a pilot
program to award grants to qualified organizations to
rehabilitate and modify the primary residence of eligible
veterans.
(2) Coordination.--The Secretary shall work in conjunction
with the Secretary of Veterans Affairs to establish and
oversee the pilot program and to ensure that such program
meets the needs of eligible veterans.
(3) Maximum grant.--A grant award under the pilot program
to any one qualified organization shall not exceed $1,000,000
in any one fiscal year, and such an award shall remain
available until expended by such organization.
(b) Application.--
(1) In general.--Each qualified organization that desires a
grant under the pilot program shall submit an application to
the Secretary at such time, in such manner, and, in addition
to the information required under paragraph (2), accompanied
by such information as the Secretary may reasonably require.
(2) Contents.--Each application submitted under paragraph
(1) shall include--
(A) a plan of action detailing outreach initiatives;
(B) the approximate number of veterans the qualified
organization intends to serve using grant funds;
(C) a description of the type of work that will be
conducted, such as interior home modifications, energy
efficiency improvements, and other similar categories of
work; and
(D) a plan for working with the Department of Veterans
Affairs and veterans service organizations to identify
veterans and serve their needs.
(3) Preferences.--In awarding grants under the pilot
program, the Secretary shall give preference to a qualified
organization--
(A) with experience in providing housing rehabilitation and
modification services for disabled veterans; or
(B) that proposes to provide housing rehabilitation and
modification services for eligible veterans who live in rural
areas (the Secretary, through regulations, shall define the
term ``rural areas'').
(c) Criteria.--In order to receive a grant award under the
pilot program, a qualified organization shall meet the
following criteria:
[[Page H6122]]
(1) Demonstrate expertise in providing housing
rehabilitation and modification services for disabled or low-
income individuals for the purpose of making the homes of
such individuals accessible, functional, and safe for such
individuals.
(2) Have established outreach initiatives that--
(A) would engage eligible veterans and veterans service
organizations in projects utilizing grant funds under the
pilot program; and
(B) identify eligible veterans and their families and
enlist veterans involved in skilled trades, such as
carpentry, roofing, plumbing, or HVAC work.
(3) Have an established nationwide or State-wide network of
affiliates that are--
(A) nonprofit organizations; and
(B) able to provide housing rehabilitation and modification
services for eligible veterans.
(4) Have experience in successfully carrying out the
accountability and reporting requirements involved in the
proper administration of grant funds, including funds
provided by private entities or Federal, State, or local
government entities.
(d) Use of Funds.--A grant award under the pilot program
shall be used--
(1) to modify and rehabilitate the primary residence of an
eligible veteran, and may include--
(A) installing wheelchair ramps, widening exterior and
interior doors, reconfigurating and re-equipping bathrooms
(which includes installing new fixtures and grab bars),
removing doorway thresholds, installing special lighting,
adding additional electrical outlets and electrical service,
and installing appropriate floor coverings to--
(i) accommodate the functional limitations that result from
having a disability; or
(ii) if such residence does not have modifications
necessary to reduce the chances that an elderly, but not
disabled person, will fall in their home, reduce the risks of
such an elderly person from falling;
(B) rehabilitating such residence that is in a state of
interior or exterior disrepair; and
(C) installing energy efficient features or equipment if--
(i) an eligible veteran's monthly utility costs for such
residence is more than 5 percent of such veteran's monthly
income; and
(ii) an energy audit of such residence indicates that the
installation of energy efficient features or equipment will
reduce such costs by 10 percent or more;
(2) in connection with modification and rehabilitation
services provided under the pilot program, to provide
technical, administrative, and training support to an
affiliate of a qualified organization receiving a grant under
such pilot program; and
(3) for other purposes as the Secretary may prescribe
through regulations.
(e) Oversight.--The Secretary shall direct the oversight of
the grant funds for the pilot program so that such funds are
used efficiently until expended to fulfill the purpose of
addressing the adaptive housing needs of eligible veterans.
(f) Matching Funds.--
(1) In general.--A qualified organization receiving a grant
under the pilot program shall contribute towards the housing
modification and rehabilitation services provided to eligible
veterans an amount equal to not less than 50 percent of the
grant award received by such organization.
(2) In-kind contributions.--In order to meet the
requirement under paragraph (1), such organization may
arrange for in-kind contributions.
(g) Limitation Cost to the Veterans.--A qualified
organization receiving a grant under the pilot program shall
modify or rehabilitate the primary residence of an eligible
veteran at no cost to such veteran (including application
fees) or at a cost such that such veteran pays no more than
30 percent of his or her income in housing costs during any
month.
(h) Reports.--
(1) Annual report.--The Secretary shall submit to Congress,
on an annual basis, a report that provides, with respect to
the year for which such report is written--
(A) the number of eligible veterans provided assistance
under the pilot program;
(B) the socioeconomic characteristics of such veterans,
including their gender, age, race, and ethnicity;
(C) the total number, types, and locations of entities
contracted under such program to administer the grant
funding;
(D) the amount of matching funds and in-kind contributions
raised with each grant;
(E) a description of the housing rehabilitation and
modification services provided, costs saved, and actions
taken under such program;
(F) a description of the outreach initiatives implemented
by the Secretary to educate the general public and eligible
entities about such program;
(G) a description of the outreach initiatives instituted by
grant recipients to engage eligible veterans and veteran
service organizations in projects utilizing grant funds under
such program;
(H) a description of the outreach initiatives instituted by
grant recipients to identify eligible veterans and their
families; and
(I) any other information that the Secretary considers
relevant in assessing such program.
(2) Final report.--Not later than 6 months after the
completion of the pilot program, the Secretary shall submit
to Congress a report that provides such information that the
Secretary considers relevant in assessing the pilot program.
(i) Definitions.--In this section, the following
definitions shall apply:
(1) Disabled.--The term ``disabled'' means an individual
with a disability, as defined by section 12102 of title 42,
United States Code.
(2) Eligible veteran.--The term ``eligible veteran'' means
a disabled or low-income veteran.
(3) Energy efficient features or equipment.--The term
``energy efficient features or equipment'' means features of,
or equipment in, a primary residence that help reduce the
amount of electricity used to heat, cool, or ventilate such
residence, including insulation, weatherstripping, air
sealing, heating system repairs, duct sealing, or other
measures.
(4) Low-income veteran.--The term ``low-income veteran''
means a veteran whose income does not exceed 80 percent of
the median income for an area, as determined by the
Secretary.
(5) Nonprofit organization.--The term ``nonprofit
organization'' means an organization that is--
(A) described in section 501(c)(3) or 501(c)(19) of the
Internal Revenue Code of 1986; and
(B) exempt from tax under section 501(a) of such Code.
(6) Primary residence.--
(A) In general.--The term ``primary residence'' means a
single family house, a duplex, or a unit within a multiple-
dwelling structure that is an eligible veteran's principal
dwelling and is owned by such veteran or a family member of
such veteran.
(B) Family member defined.--For purposes of this paragraph,
the term ``family member'' includes--
(i) a spouse, child, grandchild, parent, or sibling;
(ii) a spouse of such a child, grandchild, parent, or
sibling; or
(iii) any individual related by blood or affinity whose
close association with a veteran is the equivalent of a
family relationship.
(7) Qualified organization.--The term ``qualified
organization'' means a nonprofit organization that provides
nationwide or State-wide programs that primarily serve
veterans or low-income individuals.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Housing and Urban Development.
(9) Veteran.--The term ``veteran'' has the same meaning as
given such term in section 101 of title 38, United States
Code.
(10) Veterans service organization.--The term ``veterans
service organization'' means any organization recognized by
the Secretary of Veterans Affairs for the representation of
veterans under section 5902 of title 38, United States Code.
(j) Authorization of Appropriations.-- There are authorized
to be appropriated for carrying out this section $4,000,000
for each of fiscal years 2013 through 2017.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Illinois (Mrs. Biggert) and the gentlewoman from New York (Mrs.
Maloney) each will control 20 minutes.
The Chair recognizes the gentlewoman from Illinois.
General Leave
Mrs. BIGGERT. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and add extraneous material on this bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Illinois?
There was no objection.
Mrs. BIGGERT. I yield myself such time as I may consume.
Mr. Speaker, I rise today as a cosponsor of H.R. 6361, the Vulnerable
Veterans Housing Reform Act of 2012. I strongly urge my colleagues to
support its passage.
Put simply, this legislation will ensure that we don't punish low-
income disabled veterans who are seeking or receiving housing
assistance simply because of their disability benefits.
Currently, if a veteran gets help with in-home care for their
disability, that help is incorrectly calculated as income, which
increases their housing costs.
For purposes of section 8 and public housing assistance, H.R. 6361
would exempt from a veteran's income his or her service-related
disability benefits as well as expenses for in-home aid and care. It
also reforms how section 8 and other housing programs calculate utility
subsidies, and it awards grants to rehabilitate and modify homes for
our disabled and low-income veterans.
As part of our effort to eliminate homelessness among veterans and
help low-income veterans, our Financial Services Committee has closely
examined the housing barriers facing disabled and low-income veterans.
As recently as last week, we heard from veterans like Cassondra
Flanagan of Philadelphia, who asked us specifically
[[Page H6123]]
to fix how government programs treat disability benefits in their
financial assessments. H.R. 6361 would address her request by helping
veterans overcome one of the key bureaucratic hassles that make it
harder to find a secure and stable place to call home. That's why our
legislation has broad, bipartisan support.
On September 12, 2012, the Financial Services Committee passed H.R.
6361 by a unanimous vote. In February, the Insurance, Housing and
Community Opportunity Subcommittee also gave its approval to similar
legislation as part of the Affordable Housing and Self-Sufficiency
Improvement Act of 2012, a broader proposal to reform HUD's section 8
and public housing programs.
I'm also pleased that we were able to include in today's bill the
language authored by Mr. Green of Texas so that additional assistance
can be provided to those veterans who need home renovations to
accommodate their disability.
While we can never repay our veterans for the selfless sacrifices
they've made to defend the liberties we enjoy, we can work to ensure
that they have a place to call home. We also can work to ensure that
our severely disabled veterans have adequate facilities and living
conditions within the comfort of their homes.
Mr. Speaker, our veterans have paid a high price to protect the
American Dream, and they should have the opportunity to experience the
blessings that dream represents.
I commend my colleague from Nevada (Mr. Heck) for introducing this
bill. He's put a lot of work into this. I'd also like to recognize my
colleague from Texas (Mr. Green) for his tremendous bipartisan work and
his contribution to this bill. I also thank Chairman Bachus for his
hard work on this important measure.
Finally, I also would like to thank the American Legion, VetsFirst-
United Spinal Association, Easter Seals, Paralyzed Veterans of America,
Vietnam Veterans of America, and Veterans of Foreign Wars for their
support of provisions in the bill.
With that, I urge my colleagues to support H.R. 6361, and I reserve
the balance of my time.
Mrs. MALONEY. Mr. Speaker, I rise in support of H.R. 6361, the
Vulnerable Veterans Housing Reform Act.
This bill is aimed at helping some of those who most deserve and need
our help, our severely disabled wartime veterans who are living with
service-connected disabilities. It is designed to help that relatively
small population of veterans who are disabled, impoverished, and in
need of constant care due to their service wounds.
They are wounded warriors who now need assistance performing the
basic functions of daily life, like the simple things that most of us
take for granted and perform without second thought: bathing, feeding
themselves, getting dressed. They put their lives on the line for us,
and it is now our turn to see to it that they are afforded every
opportunity to live a life of independence and self-sufficiency.
{time} 1910
To this end, H.R. 6361 would exempt any expenses related to veterans
and benefits from consideration when they are being considered for
housing assistance. The fact that the benefits are currently counted as
income is an obstacle for many of our military men and women. Let's
take a hypothetical case and now look at how things stand now.
A single, severely disabled veteran with no dependents who has an
adjusted gross annual income of less than $12,256 can receive up to an
additional $8,191 in aid and attendance benefit each year to supplement
the cost of their medical care. This fix will make it just a little bit
easier for our veterans to qualify for the housing assistance they need
and deserve. But this bill also makes changes to current utility
allowances as part of section 8 public housing assistance. Under this
bill, utility allowances would be calculated and capped based on family
size rather than apartment size.
Our Financial Services Committee members have been hard at work
adding hardship exemptions to protect people with disabilities, the
elderly, and families with children by providing them with increased
utility allowances, as needed.
I commend my colleagues for their bipartisan cooperation in finding a
middle ground and a solution. I also congratulate my good friend and
colleague, Congressman Al Green, for his contribution to this bill. He
works tirelessly on behalf of our Nation's military men and has fought
especially hard to get his HAVEN bill to the floor, despite it being
folded into this bill.
The HAVEN bill would establish a pilot program to provide grant
funding to rehabilitate and modify the homes of low-income or disabled
veterans so that wheelchair ramps, repairs, and energy-efficient
features can be put in place. Helping repair the homes of our veterans
before they become too sick is not just a smart policy; it is our duty.
We need to do all we can to keep our veterans self-sufficient and
independent, and help them transition back into civilian life as
seamlessly as possible.
I will vote ``yes'' on this bill, and I reserve the balance of my
time.
Mrs. BIGGERT. I yield to the gentleman from Nevada (Mr. Heck), the
author of this bill, for such time as he may consume.
Mr. HECK. I thank the gentlelady for yielding.
Mr. Speaker, I rise today to encourage my colleagues to support H.R.
6361, the Vulnerable Veterans Housing Reform Act of 2012.
As stated, this bill would remove an unnecessary barrier that
prevents our disabled wartime veterans from receiving the housing
assistance they so critically need. It does this by preventing the
Department of Housing and Urban Development from considering our
veterans' aid and attendance benefits as income when calculating their
eligibility for housing assistance.
The aid and attendance benefit is an enhanced pension program
provided by the Department of Veterans Affairs to our Nation's wartime
veterans who are severely disabled and have little or no income.
According to the VA, veterans eligible for the aid and attendance
benefit are defined as those requiring the aid of another person in
order to perform his or her activities of daily living, such as
bathing, feeding, dressing, using the restroom, adjusting prosthetic
devices, or protecting themselves from the hazards of their daily
environment.
In order to receive this benefit, our severely disabled veterans must
first establish their eligibility for a low-income pension. Once
eligibility is determined, those low-income disabled vets can receive
an additional aid and attendance benefit annually to help defray the
cost of their medical care. Now, this is an important point. The aid
and attendance benefit is for medical care; it is not discretionary
income.
As you can imagine, these veterans struggle daily to keep the lights
on, put food on the table, and to keep a roof over their heads. Add to
that the exorbitant cost of paying for live-in aid, and it becomes
increasingly difficult for them to stay in their homes.
The Department of Housing and Urban Development operates a number of
programs that can assist these veterans. However, the current statute
requires that the aid and attendance benefit be counted as income when
determining eligibility for housing assistance. Mr. Speaker, this makes
no sense. The VA provides this benefit to ensure that our low-income
disabled wartime veterans have the necessary resources to receive the
medical care they need and have earned.
The cost of an assisted living facility can be $39,600, and the
median cost of a room in a nursing home is between $73,000 and $81,000
annually. By providing the aid and attendance benefit and keeping the
veteran in their home, we are doing them a service and saving taxpayer
money. Continuing to count the aid and attendance benefit as income
does nothing more than reduce the housing assistance available to our
low-income disabled vets.
Mr. Speaker, it's the stated goal of both this House and this
administration to reduce homelessness in our veteran population.
Passing this legislation will help ensure that we achieve this goal.
H.R. 6361 also includes an important provision authored by my
distinguished colleague from the Ninth District of Texas, Congressman
Al Green. His provision would create a pilot program to provide grants
to qualified
[[Page H6124]]
nonprofit organizations for the purpose of modifying and rehabilitating
homes for our Nation's low-income disabled veterans.
H.R. 6361 was drafted in a bipartisan manner, and this is reflected
in the overwhelming support it received when it was reported
unanimously by the House Financial Services Committee on September 12,
2012.
Mr. Speaker, H.R. 6361 will go a long way in providing the services
and assistance our low-income disabled vets have earned and deserve. I
thank the subcommittee chair, the distinguished lady from Illinois, and
all the members of the committee for their support of this legislation,
and I urge my colleagues to support this critical bill.
Mrs. MALONEY. I would like to compliment the gentleman on his
statement and point out that across the country one of the largest
groups of people that are homeless are veterans, and this particular
bill has the right incentives to direct the housing assistance to our
veterans and help to keep them in their homes.
I have no other speakers at this time, so I yield back the balance of
my time.
Mrs. BIGGERT. I have no further speakers, either, so I yield back the
balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from Illinois (Mrs. Biggert) that the House suspend the
rules and pass the bill, H.R. 6361, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________