[Congressional Record (Bound Edition), Volume 158 (2012), Part 10]
[House]
[Pages 14361-14364]
[From the U.S. 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

[[Page 14362]]

     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:
       (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.

[[Page 14363]]

       (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. Mr. 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 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

[[Page 14364]]

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 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.

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