Library / Laws / 113th / hr / H.R. 386 / Introduced in House
I
113th CONGRESS
1st Session
H. R. 386
IN THE HOUSE OF REPRESENTATIVES
January 23, 2013
Mr. Al Green of Texas
(for himself, Ms. Bordallo,
Mr. Gene Green of Texas,
Mr. Grijalva,
Mr. Hinojosa,
Mr. Conyers,
Ms. Hahn, Mr. Hastings of Florida,
Mr. Holt, Mr. Honda, Ms.
Kaptur, Mr. McDermott,
Mr. McGovern,
Mr. Michaud,
Ms. Pingree of Maine,
Mr. Rangel,
Mr. Rush, Ms. Moore, and Mr.
Serrano) introduced the following bill; which was referred to the
Committee on Financial
Services, and in addition to the Committee on
Ways and Means, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
A BILL
To provide housing assistance for very low-income
veterans.
1.
Short title
This Act may be cited as the
Homes for Heroes Act of
2013.
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 2013; and
(G) carrying out such
other duties as may be assigned to the Special Assistant by the Secretary or by
law.
.
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) Thirty percent of
the veteran family's adjusted monthly income.
(2) Ten 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 1-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 one 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
2013 and such sums as may be necessary for each fiscal year thereafter.
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)(19)) 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 2013 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.
.
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.
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.
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 2013 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.
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.