89–010 

Calendar No. 579 

111TH CONGRESS REPORT " ! SENATE 2d Session 111–299 

BILL TO EXCLUDE FROM CONSIDERATION AS INCOME UNDER THE NATIVE AMERICAN HOUSING ASSISTANCE AND SELF-DETERMINATION ACT 

OF 1996 AMOUNTS RECEIVED BY A FAMILY FROM THE DEPARTMENT OF 

VETERANS AFFAIRS FOR SERVICE-RELATED DISABILITIES OF A MEMBER OF THE FAMILY 

SEPTEMBER 22, 2010.—Ordered to be printed 

Mr. DORGAN, from the Committee on Indian Affairs, 

submitted the following 

R E P O R T 

[To accompany H.R. 3553] 

The Committee on Indian Affairs, to which was referred the bill 

(H.R. 3553) to exclude from consideration as income under the Native American Housing Assistance and Self-Determination Act of 

1996 amounts received by a family from the Department of Veterans Affairs for service-related disabilities of a member of the 

family, reports favorably thereon, without amendment, and recommends that the bill do pass. 

PURPOSE

The purpose of H.R. 3553 is to exclude from consideration as income under the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA) amounts received by a family 

from the Department of Veterans Affairs for service-related disabilities of a member of the family and survivor benefits. 

BACKGROUND

The NAHASDA reformed the system of housing assistance provided to Native Americans through the Department of Housing and 

Urban Development by eliminating several separate programs and 

replacing them with a single Indian housing block grant program. 

The two programs authorized for Indian tribes under NAHASDA 

are the Indian Housing Block Grant (IHBG) program, which is a 

formula-based grant program, and the Title VI Loan Guarantee 

which provides loan guarantees to Indian tribes for private market 

loans to develop affordable housing. Under the IHBG, income that 


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1 U.S. Census Bureau, 2006 American Community Survey. S0201. Selected Population Profile 

in the United States, Population Group: American Indian and Alaska Native alone. The poverty 

rate of people who reported they were American Indian and Alaska Native and no other race 

was 27%. 2 U.S. Bureau of the Census, Census 2000. Demographic Profiles of 2000. Table DP–3. Profile 

of Selected Economic Characteristics: 2000. 

is not specifically listed in the law as exempt is taken into account 

for eligibility requirements under the NAHASDA. 

The NAHASDA limits housing assistance to families making 

below 80% of area median income. Tribal poverty rates are historically high.1 For example, according to the U.S. Census, 80% of the 

median household income for the Navajo Nation in 2000 was just 

$16,906 2; accordingly, anything over this amount would disqualify 

a Navajo tribal member from receiving NAHASDA funded housing 

assistance. With such a low household median income threshold, a 

fairly modest amount of additional income will disqualify a tribal 

member from eligibility. According to the Fiscal Year 2009 Department of Veteran Affairs (VA) budget, the average compensation for 

a disabled veteran was $11,521. 

Veterans Affairs disability payments are based on the injury received. Therefore the greater the degree of injury the higher 

amount of compensation a veteran is likely to receive, making a 

disabled Indian veteran less likely to meet the eligibility requirements for NAHASDA housing assistance. The VA has a direct 

home loan program, however many Indian veterans cannot qualify 

for the loan income eligibility and credit requirements due to their 

low income. This bill helps to address the eligibility gap between 

the VA direct home loan program and the NAHASDA eligibility requirements. 

It was not the intent of NAHASDA to disqualify Native American veterans from housing assistance because of their service-related disability. It is important to note that veterans’ disability 

compensation is exempt from taxation under federal tax law. The 

intention of H.R. 3553 is to fix an unintended consequence of the 

NAHASDA funding formula, which may deny eligibility for housing 

assistance to Native veterans. 

LEGISLATIVE HISTORY

H.R. 3553 was introduced on September 19, 2009, by Congresswoman Ann Kirkpatrick (D–AZ), and was referred to the House 

Committee on Natural Resources. On April 20, 2010, the House 

considered H.R. 3553 under motion to suspend the rules and pass 

the bill by voice vote. On April 21, 2010, H.R. 3553 was received 

in the Senate and referred to the Senate Committee on Indian Affairs. On June 30, 2010, the Committee held an open business 

meeting and approved H.R. 3533 by unanimous voice vote without 

amendment. A companion bill, S. 3246, was introduced by Senator 

Ron Wyden on April 22, 2010, and referred to the Committee on 

Indian Affairs. 

SECTION-BY-SECTION OF H.R. 3553 

Section 1. Short title. This section states that the Act may be 

cited as the ‘‘Indian Veterans Housing Opportunity Act of 2010.’’ 

Section 2. Exclusion from income. This section excludes from consideration as income from NAHASDA; disability, dependency and 


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indemnity compensation under chapter 11 of title 38, Unites States 

Code. 

COMMITTEE RECOMMENDATION AND TABULATION OF VOTE

In an open business session on June 30, 2010 the Committee on 

Indian Affairs, by voice vote, adopted H.R. 3553, without amendment, and ordered the bill reported to the Senate, with the recommendation that the Senate do pass H.R. 3553. 

COST AND BUDGETARY CONSIDERATION

The following cost estimate, as provided by the Congressional 

Budget Office, dated July 23, 2010, was prepared for H.R. 3553: 

H.R. 3553—Indian Veterans Housing Opportunity Act of 2010 

H.R. 3553 would modify the definition of income under the Native American Housing Assistance and Self-Determination Act of 

1996 (Public Law 104–330). CBO estimates that implementing the 

legislation would have no impact on the federal budget. Enacting 

H.R. 3553 would not affect direct spending or revenues; therefore, 

pay-as-you-go procedures would not apply. 

Under Public Law 104–330, entities, such as tribal housing authorities, that receive certain federal subsidies to provide housing 

to low-income Indians cannot charge rents that exceed 30 percent 

of a family’s income. Under the bill, amounts received by Indian 

veterans for disabilities resulting from military service would not 

be included in calculating family income. Thus, enacting the bill 

could reduce the amount of rent that certain low-income families 

would pay for federally subsidized housing. Because rents are paid 

directly to the entities that receive federal subsidies to provide lowincome housing, CBO estimates that implementing H.R. 3553 

would not affect the federal budget. 

H.R. 3553 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

impose no costs on state, local, or tribal governments. 

The CBO staff contact for this estimate is Jeff LaFave. The estimate was approved by Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

EXECUTIVE COMMUNICATIONS

The Committee has received no Executive communications regarding H.R. 3553. 

REGULATORY AND PAPERWORK IMPACT STATEMENT

Paragraph 11(b) of XXVI of the Standing Rules of the Senate requires that each report accompanying a bill evaluate the regulatory 

paperwork impact that would be incurred in carrying out the bill. 

The Committee believes that S. 3553 will have de minimis regulatory or paperwork impact. 

CHANGES IN EXISTING LAW

In compliance with subsection 12 of rule XXXVI of the Standing 

Rules of the Senate, the Committee notes the following changes in 


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existing law (existing law proposed to be omitted is enclosed in 

black brackets, new matter printed in italic): 

25 U.S.C. 4103(9) 

* * * * * * * 

(9) INCOME.—The term ‘‘income’’ means income from all 

sources of each member of the household, as determined in accordance with criteria prescribed by the Secretary, except that 

the following amounts may not be considered as income under 

this paragraph: 

(A) Any amounts not actually received by the family. 

(B) Any amounts that would be eligible for exclusion 

under section 1382(a)(7) of Title 42. 

(C) Any amounts received by any member of the family 

as disability compensation under chapter 11 of title 38, 

Unites States Code, or dependency and indemnity compensation under chapter 13 of such title. 

* * * * * * * 

Æ 


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