[House Report 111-226]
[From the U.S. Government Publishing Office]
111th Congress } { Report
1st Session } HOUSE OF REPRESENTATIVES { 111-226
======================================================================
DISABLED VETERANS HOME IMPROVEMENT AND
STRUCTURAL ALTERATION GRANT INCREASE ACT OF 2009
_______
July 23, 2009.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Filner, from the Committee on Veterans' Affairs, submitted the
following
R E P O R T
[To accompany H.R. 1293]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred
the bill (H.R. 1293) to amend title 38, United States Code, to
provide for an increase in the amount payable by the Secretary
of Veterans Affairs to veterans for improvements and structural
alterations furnished as part of home health services, having
considered the same, report favorably thereon without amendment
and recommend that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 2
Hearings......................................................... 3
Subcommittee Consideration....................................... 3
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
Statement of General Performance Goals and Objectives............ 4
New Budget Authority, Entitlement Authority, and Tax Expenditures 4
Earmarks and Tax and Tariff Benefits............................. 4
Committee Cost Estimate.......................................... 4
Congressional Budget Office Estimate............................. 4
Federal Mandates Statement....................................... 5
Advisory Committee Statement..................................... 5
Constitutional Authority Statement............................... 6
Applicability to Legislative Branch.............................. 6
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill as Reported............. 6
Purpose and Summary
H.R. 1293 was introduced by Representative Steve Buyer of
Indiana, the Ranking Member of the Committee on Veterans'
Affairs, on March 4, 2009. H.R. 1293, the Disabled Veterans
Home Improvement and Structural Alteration Grant Increase Act
of 2009, would increase the amount the U.S. Department of
Veterans Affairs (VA) is authorized to pay under the Home
Improvements and Structural Alterations (HISA) program from
$4,100 to $6,800 for veterans with service-connected
disabilities and from $1,200 to $2,000 for veterans with non-
service-connected disabilities. The increase would become
effective in the case of a veteran who first applied for a HISA
grant on, or after, the date of enactment. H.R. 1293 would also
clarify that a veteran who received the maximum amount of
reimbursement under the law before enactment would not be
entitled to additional monetary benefits.
Background and Need for Legislation
HISA grants are furnished through the Veterans Health
Administration of the VA as part of home health services for
the purpose of providing access to or within the home for the
continuation of treatment for the veterans' disability. The
benefit is paid from the Medical Services appropriation account
and is available to both veterans with service-connected and
non-service-connected disabilities. Typically, HISA grants are
used for such things as widening doors; putting in handrails or
special lighting; making kitchens, bathrooms, windows, or
electrical outlets and switches more accessible; and, building
ramps or improving entrance paths and driveways.
The HISA grant is distinct from the Specially Adapted
Housing (SAH) program and Special Home Adaptation (SHA) grants
which are administered through the Veterans Benefits
Administration of the VA and available to veterans with
service-connected disabilities. A service-disabled veteran may
receive both a HISA grant and either an SAH or SHA grant.
The HISA program was first authorized in 1973 by Public Law
93-82 (87 Stat. 179). The program was created out of concern
that veterans could not be discharged from hospitals because
their homes were not able to accommodate their disabilities. An
amendment to clarify the projects that could receive HISA
grants was enacted in 1976 by Public Law 94-581 (90 Stat.
2842). The law also created a distinction between the lifetime
grant ceiling for service-connected and non-service-connected
veterans in the amount of $2,500 and $600, respectively.
In 1992, Public Law 102-405 (106 Stat. 1984) increased the
lifetime benefit limit from $2,500 to $4,100 for service-
connected veterans and from $600 to $1,200 for non-service-
connected veterans.
The HISA grant ceiling has not been raised in 17 years, yet
the cost of home modifications have increased over the same
period. In addition, there is a new generation of veterans from
Operation Enduring Freedom (OEF) and Operation Iraqi Freedom
(OIF) returning home.
A June 12, 2008, joint Department of Defense (DoD) and VA
Inspectors Generals review of the care transition process for
injured OEF/OIF servicemembers found that continuity of care
was hindered by the inability of an injured active duty
servicemember to obtain a HISA grant prior to discharge.
Responding to this need, Public Law 110-289 (122 Stat. 2654),
was enacted to allow VA to provide such grants to eligible
servicemembers prior to their discharge from military service.
VA is seeing an increasing number of service-connected
veterans using the HISA grant with a marked 19.6 percent
increase from fiscal year 2007 to fiscal year 2008. VA expects
that the trend will continue to grow at an average increase of
1.4 percent per year.
Increasing the HISA grant amount would help veterans with a
wide range of disabilities make much needed home alterations to
use essential living areas, such as kitchens, bathrooms and
bedrooms.
H.R. 1293 would increase the maximum amount of the grants
to $6,800 for service-connected veterans and $2,000 for non-
service-connected veterans. The proposed increase reflects
three percent for each year since 1992 to account for inflation
and would provide a reasonable amount for the type of home
modifications intended in this title.
Hearings
On June 18, 2009, the Subcommittee on Health held a
legislative hearing on several bills introduced during the
111th Congress, including H.R. 1293. The following witnesses
testified: The Honorable Harry Mitchell of Arizona; The
Honorable Phil Hare of Illinois; The Honorable Deborah L.
Halvorson of Illinois; The Honorable Jerry McNerney of
California; The Honorable Thomas S.P. Perriello of Virginia;
The Honorable Harry Teague of New Mexico; and, Fred Cowell,
Senior Health Policy Analyst, Paralyzed Veterans of America.
Those submitting statements for the record included: The
Honorable Steve Buyer of Indiana; The Honorable Jerry Moran of
Kansas; Joy J. Ilem, Deputy National Legislative Director,
Disabled American Veterans; Joseph L. Wilson, Deputy Director,
Veterans Affairs and Rehabilitation Commission, The American
Legion; Chris Needham, Senior Legislative Associate, Veterans
of Foreign Wars of the United States; Bernard Edelman, Deputy
Director for Policy and Government Affairs, Vietnam Veterans of
America; the American Academy of Physician Assistants; the
National Association of Veterans' Research and Education
Foundation; the Wounded Warrior Project; Barbara Cohoon, Ph.D.,
RN, Government Relations Deputy Director, National Military
Family Association; and, Robert A. Petzel, M.D., Acting
Principal Deputy Under Secretary for Health, Veterans Health
Administration, U.S. Department of Veterans Affairs.
The VA and the Disabled American Veterans, Veterans of
Foreign Wars, Vietnam Veterans of America, Paralyzed Veterans
of America, and the National Military Family Association,
testified in support of H.R. 1293
Subcommittee Consideration
On July 9, 2009, the Subcommittee on Health met in open
markup session and ordered favorably forwarded to the full
Committee H.R. 1293 by voice vote.
Committee Consideration
On July 15, 2009, the full Committee met in an open markup
session, a quorum being present, and ordered H.R. 1293 reported
favorably to the House of Representatives, by voice vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report the legislation and amendments thereto.
There were no record votes taken on amendments or in connection
with ordering H.R. 1293 reported to the House. A motion by Mr.
Buyer of Indiana to order H.R. 1293 reported favorably to the
House of Representatives was agreed to by voice vote.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives are reflected in the descriptive portions
of this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee adopts as its
own the estimate of new budget authority, entitlement
authority, or tax expenditures or revenues contained in the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
Earmarks and Tax and Tariff Benefits
H.R. 1293 does not contain any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9(d), 9(e), or 9(f) of rule XXI of the Rules of the
House of Representatives.
Committee Cost Estimate
The Committee adopts as its own the cost estimate on H.R.
1293 prepared by the Director of the Congressional Budget
Office pursuant to section 402 of the Congressional Budget Act
of 1974.
Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
for H.R. 1293 provided by the Congressional Budget Office
pursuant to section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, July 22, 2009.
Hon. Bob Filner,
Chairman, Committee on Veterans' Affairs,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1293, the Disabled
Veterans Home Improvement and Structural Alteration Grant
Increase Act of 2009.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Sunita
D'Monte.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 1293--Disabled Veterans Home Improvement and Structural Alteration
Grant Increase Act of 2009
H.R. 1293 would increase the maximum grant amounts awarded
to certain disabled veterans. Those grants are used to improve
access to homes and to essential sanitary facilities. CBO
estimates that implementing the bill would cost $20 million
over the 2010-2014 period, assuming appropriation of the
necessary amounts. Enacting the bill would not affect direct
spending or revenues.
Under current law, the Department of Veterans Affairs (VA)
may award a maximum of $4,100 to veterans with service-
connected disabilities and $1,200 to veterans with nonservice-
connected disabilities. The bill would increase those maximum
allowable amounts to $6,800 and $2,000, respectively. Based on
data from VA on the number and dollar amounts of grants awarded
over the 2003-2008 period, CBO estimates that under the bill
almost 2,000 veterans with service-connected disabilities would
receive an additional $1,900 each year and almost 700 veterans
with nonservice-connected disabilities would receive an
additional $760 each year, for an annual cost of $4 million.
H.R. 1293 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Sunita D'Monte.
The estimate was approved by Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates regarding H.R. 1293 prepared by the Director of the
Congressional Budget Office pursuant to section 423 of the
Unfunded Mandates Reform Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act would be created by H.R.
1293.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds that the
Constitutional authority for H.R. 1293 is provided by Article
I, section 8 of the Constitution of the United States.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section cites the Act as the ``Disabled Veterans Home
Improvement and Structural Alteration Grant Increase Act of
2009.''
Section 2. Increase in amount available to disabled veterans for
improvements and structural alterations furnished as part of
home health services
This section provides an increase in the amount available
to disabled veterans for improvements and structural
alterations furnished as part of home health services. The
grant amount is increased from $4,100 to $6,800 for service-
connected veterans, and is increased from $1,200 to $2,000 for
non-service-connected veterans. This provision is effective for
veterans who apply for benefits on or after the date of the
enactment of this Act.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
TITLE 38, UNITED STATES CODE
* * * * * * *
PART II--GENERAL BENEFITS
* * * * * * *
CHAPTER 17--HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE
* * * * * * *
SUBCHAPTER II--HOSPITAL, NURSING HOME, OR DOMICILIARY CARE AND MEDICAL
TREATMENT
* * * * * * *
Sec. 1717. Home health services; invalid lifts and other devices
(a)(1) * * *
(2) Improvements and structural alterations may be furnished
as part of such home health services only as necessary to
assure the continuation of treatment for the veteran's
disability or to provide access to the home or to essential
lavatory and sanitary facilities. The cost of such improvements
and structural alterations (or the amount of reimbursement
therefor) under this subsection may not exceed--
(A) [$4,100] $6,800 in the case of medical services
furnished under section 1710(a)(1) of this title, or
for a disability described in section 1710(a)(2)(C) of
this title; or
(B) [$1,200] $2,000 in the case of medical services
furnished under any other provision of section 1710(a)
of this title.
* * * * * * *