Statement of Ranking Member Chuck Grassley

Senate Committee on the Judiciary

Nominations Hearing for Kathryn Keneally, to be an Assistant Attorney General, and Brian C. Wimes, to be United States District Judge for the Eastern and Western Districts of Missouri

Wednesday, November 16, 2011

For video of the hearing, please click here.

I join you in welcoming the nominees before us today.   Today we will first hear from Kathryn Keneally, nominated to be Assistant Attorney General, Department of Justice.  I am pleased that Chairman Leahy and I were able to reach agreement on the timing and format for her hearing today.  I express my appreciation to the Chairman for the way we are proceeding on this nomination.

If confirmed, Ms. Keneally will head the Tax Division of the department. The Tax Division's mission is to enforce the nation's tax laws fully, fairly, and consistently, through both criminal and civil litigation.  It has a duty to ensure compliance with the tax laws, maintain public confidence in the integrity of the tax system, and promote the sound development of the law.

The Assistant Attorney General for Tax is an important and unique position.  In order to be effective, this person must have a strong command of the tax laws and maintain a strong working relationship with the Internal Revenue Service.  Given the severe debt and deficit situation facing our country, it is imperative that the IRS collect every dollar of tax that is owed to the government. I have always said that taxpayers should pay what they owe - not a penny more, not a penny less.  The Assistant Attorney General for Tax plays an important role in helping the IRS collect these taxes.

It is disappointing that we have not been able to get a qualified candidate into this position for three years.  The first nominee for this position, while qualified for any number of other legal positions, had no tax experience and was wholly unqualified for this position.  After her nomination was withdrawn in August of 2010, it took over a year for the President to submit Ms. Keneally's nomination.  In contrast to the first nominee, Ms. Keneally has significant tax experience and will hopefully be a valuable addition to the Department of Justice. I was pleased to meet with Ms. Keneally yesterday.  We had a good visit and I look forward to her testimony today.

In addition, we will be considering the nomination of Brian C. Wimes, nominated to be United States District Judge for the Eastern and Western Districts of Missouri.

I would note that we are making real progress with regard to the nominations of President Obama to the federal judiciary.   Today marks the 18th nominations hearing held in this committee this year, and we will have heard from 70 judicial nominees.  All in all, nearly 89 percent of President Obama's judicial nominees have received a hearing.

The Senate has confirmed twenty Article III judicial nominees during the past month and a half.  We have now confirmed 58 judicial nominees in this Congress alone.  With the confirmation of two judges yesterday, over 70 percent of President Obama's nominees have been confirmed.

Kathryn Keneally is nominated to be Assistant Attorney General, Department of Justice.  After obtaining her J.D. from Fordham University in 1982, Ms. Keneally served as a law clerk for Judge Edward R. Neaher of the U.S. District Court for the Eastern District of New York.  She then worked as an associate attorney at Skadden Arps Slate Meagher & Flom from 1983 - 1985.  Her practice there consisted of complex commercial litigation and pro bono criminal defense matter. In 1985, she became an associate at Kostelanetz & Ritholz and was made a partner in 1990.  At this firm her practice included criminal tax defense, other white collar criminal defense, and tax controversy, as well as complex commercial litigation matters involving fraud, civil RICO, securities, and similar issues.

In 2000, she became a member in the firm of Owen & Davis where she primarily handled commercial litigation, as well as tax controversy and criminal tax defense.  In 2002, she joined Fulbright & Jaworski, LLC., where she is a partner.  She initially practiced commercial, tax controversy and criminal tax defense, but since 2004 has primarily handled only tax controversy and criminal tax defense.

Brian C. Wimes is nominated to be United States District Judge for the Eastern and Western Districts of Missouri.  Upon graduation from law school in 1994, Judge Wimes became an Attorney Advisor in the Litigation Branch of Federal Bureau of Prisons in Washington, D.C.  Judge Wimes represented the bureau in civil actions by inmates throughout the country.

In 1995, Judge Wimes left the bureau and became an Assistant Prosecuting Attorney for the Jackson County Prosecutor's Office in Kansas City, Missouri until 2001.  During his time there, Judge Wimes specialized in drug prosecutions.  Additionally, as Coordinator for the Drug Abatement Response Team, he supervised a staff that was focused on closing drug houses in the Jackson County area.  In 1999, Judge Wimes became the Senior Trial Attorney for the Drug Unit, prosecuting cases involving major crimes with an emphasis on drug-related homicides.

In 2001, Judge Wimes became the Drug Court Commissioner for the Court for Jackson County, Missouri.  He was appointed for two, four year terms.  Judge Wimes presided over 400 assigned cases to Drug Court, with a caseload of 120 to 150 docketed cases per week.

After serving as the Drug Court Commissioner for Jackson, Judge Wimes was appointed by then-Governor Matt Blunt to serve as the Circuit Court Judge for the 16th Judicial District, Jackson County, Missouri.  He was appointed in 2007, and was retained in the 2008 election cycle.

As a Circuit Court Judge, Judge Wimes has presided over approximately twenty-nine criminal trials that have gone to judgment and twenty-five civil trials that have done the same. From 2008 to 2009, Judge Wimes was assigned to the Family Court Division and heard over 500 domestic cases to judgment as well.

Again, I welcome the nominees, their family members and guests.  I look forward to the testimony.

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For months, Braley has pushed for tax credits for employers hiring veterans; House passes unanimously 

 

Washington, DC - Rep. Bruce Braley (IA-01) applauded the House passage this afternoon of the Returning Heroes and Wounded Warriors tax credits, which passed the House with a unanimous vote minutes ago.  These provisions would create new tax credit programs to spur the hiring of unemployed veterans and directly help hundreds of Iowa National Guard members who have returned home from overseas deployments. In August, Braley introduced the Combat Veterans Back to Work Act, a precursor to the tax credit programs that passed today.

"The best way to thank our veterans and tell them 'good job' is to help them find a good job when they return home," Braley said.  "I've been working for months to promote the idea of tax credits for businesses that hire returning veterans, and today's bipartisan vote shows that this issue has big support on both sides of the aisle.

 

"The tax credits passed by the House today will boost the hiring of veterans.  Other provisions will improve resources available for vets to translate their military skills into the civilian workforce and provide veterans with new tools to help them search for a job.  Unemployment among returning Iraq and Afghanistan veterans is three times the national average.  The bill passed today will help bring those numbers down."

 

Late this summer, 3,500 members of the Iowa National Guard returned from a deployment to Afghanistan.  More than 600 of these men and women reported being out of work when they returned home - equivalent to an unemployment rate of over 17 percent.  Iowa's unemployment rate in September was 6.0 percent; the national unemployment rate last month was 9.0 percent.

In response to high unemployment rates for veterans, in August, Braley introduced the Combat Veterans Back to Work Act, a bill that provides a payroll tax break for businesses who hire a current member of the National Guard or Reserve or any unemployed veteran who has returned from deployment within the last 18 months.

The Returning Heroes and Wounded Warriors tax credits build on Braley's bill, providing tax credits for employers that hire unemployed veterans and long-term unemployed veterans with service-connected disabilities.  The American Legion, Disabled American Veterans, Iraq and Afghanistan Veterans of America, and the Veterans of Foreign Wars have all endorsed the bill.

Yesterday, Braley released a letter sent to Republican and Democratic House leaders urging them to allow the House to vote on the tax credits immediately.

The bill will now be sent to the President for his signature.

Braley is the highest ranking Democrat on the House Veterans Affairs Subcommittee on Economic Opportunity.

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"This shows how unserious politicians are about our very serious debt problems"

LAKE JACKSON, Texas - 2012 Republican Presidential candidate Ron Paul released a statement today regarding the congressional Super Committee's failure to meet its goal with the deadline fast approaching. See below for statement.

"This week marks the deadline for the so-called congressional Super Committee to meet its goal of cutting a laughably small amount of federal spending over the next decade.  In fact the Committee merely needs to cut about $120 billion annually from the federal budget over the next 10 years to meet its modest goals, but even this paltry amount has produced hand-wringing and hysteria on Capitol Hill.  This is only cutting proposed increases.  It has nothing to do with actually cutting anything.  This shows how unserious politicians are about our very serious debt problems. 

"To be fair, however, in one sense members of the Super Committee face an impossible task.  They must, in effect, cut government spending without first addressing the role of government in our society.  They must continue to insist the federal government can provide Social Security, Medicare, and Medicaid benefits in the future as promised, while maintaining our wildly interventionist foreign policy.  Yet everyone knows this is a lie.

"Keep in mind that the 2011 federal deficit alone was about $1.3 trillion, which means the Super Committee needs to cut that much PER YEAR rather than over a 10 year period.  If Congress ever hopes to address its debt problem, it must first stop accumulating any new debt immediately, in 2012.

"Federal revenue likely will be about $2.3 trillion in fiscal 2012.  The 2004 federal budget was about $2.3 trillion.  So Congress simply needs to adopt the 2004 budget next year and the federal government will balance outlays and revenue.  That's all it would take to produce a balanced budget right now.  Was the federal government really too small just 7 years ago, in 2004?  Of course not.  Only Washington hysteria would have us believe otherwise.

"Yet our Republican and Democrat friends on the Super Committee want to take 10 years, or even 30 years, to produce a balanced budget.

"Government spending isn't just wasteful; it is often actively harmful to stated goals.  The Super Committee could simply apply 2004 spending levels across the board and a tremendous victory for fiscal sanity would be accomplished.

"What seems more likely, however, is a rearrangement of the tax code in an attempt to bring in more revenue.  Deductions and credits will be taken away, and the Bush tax cuts will be allowed to expire.  As a result, less money will remain in the private sector to create jobs and produce economic growth.  The Super Committee has an opportunity to take a small baby step in the right direction.  Instead, they no doubt will take this opportunity to raise taxes and make everything worse.  But increasing taxes will only diminish freedom and deepen the recession.  Instead of looking for ways to hike taxes under the guise of "raising revenue," the Super Committee should put forth a plan of real spending cuts to put America back on the path to liberty and prosperity."
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WEST BRANCH, IOWA– West Branch, Iowa, the birthplace of Herbert Hoover, 31st President of the United States, will host "A Christmas Past" events from Friday, December 2 until Sunday, December 4. The festivities officially begin with the lighting of the tree in the Village Green at 6:00 p.m. on Friday, December 2.  The University of Iowa's Collegium Tubum will be playing holiday carols on their tubas during this ceremony. Main Street West Branch will feature brick fireplaces for roasting marshmallows, fresh-cooked doughnuts, and photos with Santa. Downtown shops will be open for business Friday and Saturday evenings, and the local churches will have a cookie walk, Christmas candy sale, and a soup supper. For more information call Main Street West Branch at (319) 643-7100 or visit www.mainstreetwestbranch.org for a complete schedule of events.

Horse-drawn wagon rides on Friday and Saturday evenings start at 5:30 p.m. from the Visitor Center of Herbert Hoover National Historic Site. The rides take visitors through the historic site and historic downtown West Branch. The last wagon rides begin at 8:00 p.m. The Visitor Center, Herbert Hoover Birthplace Cottage, and Blacksmith Shop will be open to visitors on Friday and Saturday nights until 9:00 p.m. From 5:00 p.m. to 9:00 p.m. items in the Visitor Center bookstore will on sale for 15 percent off. Park rangers and volunteers will lead craft activities at the Visitor Center from 5:30 p.m. to 8:30 p.m. Activities include card-making for soldiers overseas as part of "Operation Gratitude" in partnership with the Herbert Hoover Presidential Library and Museum.  A park ranger will demonstrate the art and craft of blacksmithing in the Blacksmith Shop on Friday and Saturday nights from 5:30 p.m. to 8:30 p.m.

A traditional Quaker open worship will be held at the Friends Meetinghouse at Herbert Hoover National Historic Site at 11:00 a.m. on Saturday, December 3, 2011. The historic meetinghouse where the Hoover family worshipped was built in 1857 and is one of several buildings preserved by the National Park Service as part of the park commemorating Herbert Hoover. Visitors are welcome to attend the worship meeting, which is similar to meetings young Herbert Hoover attended with his family. All activities at the historic site are free. For more information call Herbert Hoover National Historic Site at (319) 643-2541 or visit www.nps.gov/heho.

The Herbert Hoover Presidential Library and Museum displays Christmas trees in its annual holiday exhibit. This year's holiday exhibit is "A Fairy Tale Christmas" featuring twenty trees each decorated to represent a different fairy tale. Special museum hours for "A Christmas Past" weekend are Friday and Saturday from 9:00 a.m. to 8:00 p.m. and Sunday from 9:00 a.m. to 5:00 p.m. Free admission begins Friday at 5:00 p.m. and continues throughout the weekend. Free weekend performances at the Presidential Library and Museum
include stage presentations by The Young Footliters, Christmas carols by the Uncalled Four quartet and the West Branch Community Chorus, and a readers' theater performance of Charles Dickens' "A Christmas Carol". The annual Holiday Open House is Sunday from 1:00 p.m. to 4:00 p.m. with Santa Claus and free holiday refreshments served. For more information call the Herbert Hoover Presidential Library and Museum at (319) 643-5301 or visit www.hoover.archives.gov.

Herbert Hoover National Historic Site and the Herbert Hoover Presidential Library and Museum are in West Branch, Iowa at exit 254 off I-80. Both are open daily from 9 a.m. to 5 p.m. Central Time. Parking is limited so please allow extra time to find a parking space.
WEST BRANCH, IOWA– Herbert Hoover National Historic Site seeks writers, composers, and visual and performing artists for the park's 2012 Artist-in-Residence Program. The Artist-in-Residence Program is open to all professional American artists whose work can be inspired by the history and beauty of Herbert Hoover National Historic Site. The park offers two residencies of two to eight weeks each from April through September. For more information about the Artist-in-Residence Program and how to apply, contact Kristin Gibbs at (319) 643-7866 or visit the park's website: http://www.nps.gov/heho/supportyourpark/artist-in-residence-program.htm.  The application period closes on Friday, February 24, 2012.

The Artist-in-Residence Program at Herbert Hoover National Historic Site promotes creative means of communicating the park's national significance and its relevance to park visitors. Artists have been part of national parks since the 1870s when famed painters played a vital role in documenting the majestic landscapes of the West. It was through their works of art that many first saw these special places in America. Today artists are working in more than 40 units of the National Park Service through Artist-in-Residence Programs. Works from past Artists-in-Residence at Herbert Hoover NHS are on display in the park's visitor center.

The 2011 Artist-in-Residence Program at Herbert Hoover National Historic Site featured two writers, Dr. Gaynell Gavin and M.S. Coe. Each contributed a piece of writing inspired by their residencies this summer. Dr. Gavin's essay "Reflections of a Neophyte Prairie Topophiliac" and Ms. Coe's short story "Summer Yardscape" are posted on the park's website at http://www.nps.gov/heho/supportyourpark/artist-in-residence-program.htm.

Herbert Hoover National Historic Site and the Herbert Hoover Presidential Library and Museum are in West Branch, Iowa at exit 254 off I-80. Both are open daily from 9 a.m. to 5 p.m. Central Time. For more information go online to www.nps.gov/heho or call (319) 643-2541.

ST. LOUIS (November 16, 2011) - Federal government figures show U.S. soy continues to be in strong demand among international customers.

Buyers outside of the United States purchased 1.5 billion bushels of whole U.S. soybeans in the latest marketing year, according to the U.S. Census Bureau.  That makes U.S. soy one of the largest agricultural exports.  And U.S. agriculture continues to lead all economic sectors with a positive balance of trade.

"Increasing demand for U.S. soy abroad has been the cornerstone of the soybean-checkoff-funded marketing efforts for the past 20 years," says Jim Call, a soybean farmer from Madison, Minn. Call also chairs the United Soybean Board (USB) International Marketing program. "We focus not just on China, but on increasing sales in other international markets, as well."

"The soybean checkoff helps fund market-building activities like hosting international buying teams and conducting poultry and livestock feeding demonstrations abroad that prove the advantages of using U.S. soy," Call says.

Additional key soybean export figures for the 2010/2011 marketing year:

  • U.S. soybean farmers helped export over 1.5 billion bushels of whole soybeans.
  • Soybean meal from over 332 million bushels of soybeans was exported.
  • Oil from approximately 290 million bushels of soybeans went to foreign customers.

Soy users in China weighed in as the top international customers of whole U.S. soybeans buying 895 million bushels, up from 825 million bushels during the 2010/2011 marketing year.  Other top importing markets for whole U.S. soybeans in the last marketing year include the following:

  • Mexico - 124.3 million bushels
  • Japan - 75.2 million bushels
  • Indonesia - 71.03 million bushels
  • Taiwan - 55.9 million bushels
  • Germany - 36.3 million bushels
  • Spain - 28.6 million bushels
  • Egypt - 27.8 million bushels
  • South Korea - 26.3 million bushels
  • Thailand - 18.6 million bushels

The soybean checkoff funds international marketing efforts in more than 80 countries worldwide. These include market development, communications and education.

USB is made up of 69 farmer-directors who oversee the investments of the soybean checkoff on behalf of all U.S. soybean farmers. Checkoff funds are invested in the areas of animal utilization, human utilization, industrial utilization, industry relations, market access and supply. As stipulated in the Soybean Promotion, Research and Consumer Information Act, USDA's Agricultural Marketing Service has oversight responsibilities for USB and the soybean checkoff.

For more information on the United Soybean Board, visit www.unitedsoybean.org
Visit us on Facebook: www.facebook.com/UnitedSoybeanBoard
Follow us on Twitter: www.twitter.com/unitedsoy
View our YouTube channel: www.youtube.com/user/UnitedSoybeanBoard

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Paul stays within striking distance of President
LAKE JACKSON, Texas - In a new McClatchy-Marist poll, 2012 Republican Presidential candidate Ron Paul comes in 8 points behind President Barack Obama, 49 to 41 percent, and he is one of only three candidates within single digits of the President.

These results immediately follow a Public Policy poll from yesterday, showing Paul 6 points behind Obama, but the only candidate in the GOP field besting Obama among independent voters, 48 to 39 percent.

"This is yet another poll demonstrating the increasing popularity of Ron Paul's message," said Ron Paul 2012 National Campaign Chairman Jesse Benton.  "Congressman Paul has the ability to remain competitive against the president as his base of support continues to expand to different groups."

These poll results follow an earlier Bloomberg News poll showing Paul in a statistical first place finish in Iowa, a key early voting state.  Also, a late October CNN/TIME poll showed him in the top three in the key states of Iowa, New Hampshire, and South Carolina.
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Senators Barrasso, Hatch, Snowe Introduce Bill to Repeal HIT

 

WASHINGTON, D.C., November 16, 2011 – United States Senators John Barrasso (R-WY), Orrin Hatch (R-UT), and Olympia Snowe (R-ME) today introduced legislation, The Jobs and Premium Protection Act, to repeal the onerous Health Insurance Tax (HIT) which takes $87 billion away from small business by the end of the decade, resulting in a job-loss of 125,000 to 249,000 jobs in the private sector in 2021, according to a study released by the National Federation of Independent Business Research Foundation; small business will shoulder 59 percent of this job-loss burden.

"The Health Insurance Tax is a Washington policy that will have a devastating impact on our nation's job creators," said Susan Eckerly, Senior Vice President of Public Policy. "The stark reality is that the country's economy is still reeling, and every single job matters; the last thing people in the unemployment line want to hear is that one less job will be created and even more will be shed as a result of the HIT.  Because of the leadership of Senators Barrasso, Hatch and Snowe, small-business owners now have bipartisan and bicameral legislation that will repeal this tax and protect their ability to continue to create vital jobs."

"Our legislation repeals this unfair, hidden tax on America's job creators, and will save thousands of jobs across the country," said United States Senator John Barrasso.  "This tax is just another example of how the President's trillion dollar health spending law is only making things worse for small businesses and their workers. With 9 percent unemployment, hardworking Americans cannot afford to be hit hard by even higher premiums.  We need to stop the HIT on our economy now - before it starts."

"Chock full of tax hikes, mandates and government overreach, the President's $2.6 trillion health spending law is an anchor around our economy's neck," said United States Senator Orrin Hatch.  "The health law's insurance tax is especially damaging, undercutting our economic recovery by increasing the cost of health coverage.  Money that could go to higher wages, new workers, or investment will instead go to pay this new tax.  With insurance premiums already skyrocketing and unemployment hovering at 9 percent, this tax makes no sense.  The President is demanding jobs legislation; he should start by supporting the repeal of this tax."

"Preventing the new health insurance tax is critical, especially in the current economic environment," said United States Senator Olympia J. Snowe.  "As the cost of health insurance continues to rise unabated - another 9 percent on average this year - individuals and small businesses are struggling to afford coverage.  Meanwhile, the Democrats' health care law is set to impose this $60 billion tax and the Director of the Congressional Budget Office has confirmed this tax will be paid by the individuals and small businesses who buy health insurance.  This tax could increase the cost of health insurance by 15 percent for small businesses, and kill hundreds of thousands of jobs.  I am proud to be a sponsor of the Premium Protection Act, and remain committed to repealing the job-killing health care law, as well as to repealing its worst pieces."

The Health Insurance Tax, which goes into effect in 2014, will cost small-business owners, their employees and the self-employed, $87 billion in the first ten years and $208 billion in the following ten years; the tax impacts 2 million small businesses, 12 million employees and the self-employed who purchase in the individual market and 26 million employees who are covered by their employer, resulting in a cost of nearly $5,000 per family over a decade.

The NFIB Research Foundation's BSIM (Business Size Impact Module) model suggests that such a price increase will reduce private sector employment by 125,000 to 249,000 jobs in 2021, with 59 percent of those losses falling on small business. The BSIM is a dynamic, multi-region forecasting model that analyzes the impact of policy "shocks" on the economy.  The BSIM is unique in ability among models to forecast the economic impact of policy on U.S. businesses differentiated by the size of the firm; in this case, small business is defined as those firms with less than 500 employees (Small Business Association definition).

Representative Charles Boustany (R-LA) has introduced legislation in the House, HR 1370, to repeal the Health Insurance Tax and his legislation currently has 78 bipartisan cosponsors, leading the way for a bicameral and bipartisan repeal of the Health Insurance Tax.

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Paul leading all other alternatives to Romney
LAKE JACKSON, Texas - In a Bloomberg News Poll released today, 2012 Republican Presidential candidate Ron Paul vaults to second place in New Hampshire among likely Republican primary voters, with 17 percent of the vote.

"We're very excited to see these numbers," said Ron Paul 2012 National Campaign Chairman Jesse Benton. "While other campaigns have shot into the top tier, only to fade away, support for Congressman Paul in New Hampshire has been growing steadily, and we are prepared to hold our ground here - and advance."

The New Hampshire figures come on the heels of a Bloomberg News poll showing Paul in a statistical tie for first place in Iowa, and a Public Policy Poll in which he was the only Republican candidate to best Obama among independent voters (48 to 39%).

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In addition to this capital advance, three-year rental subsidy will help cover rent and operating costs

WASHINGTON - More very low-income senior citizens in Iowa will have access to affordable supportive housing thanks to $2.3 million in housing assistance announced today by the U.S. Department of Housing and Urban Development (HUD). These funds will help non-profit organizations produce accessible housing, offer rental assistance, and facilitate supportive services for the elderly

The grant funding awarded under HUD's Sections 202 Supportive Housing program will kick start construction or major rehabilitation for more than 97 housing developments in 42 different states and Puerto Rico.  In Iowa, 15 additional elderly households will be affordably housed with access to needed services in Burlington where "West Central Illinois Area Agency on Aging" was awarded $2,147,500.

"The Obama Administration is committed to helping our senior citizens find a decent, affordable place to live that is close to needed healthcare services and transportation," said HUD Secretary Shaun Donovan.  "Recent bipartisan changes to HUD's supportive housing programs will allow us to better serve some of our more vulnerable populations who would otherwise be struggling to find a safe and decent home of their own."

In Burlington, the capital advance funds will be used to construct a single story 15 unit facility and an additional $156,300 three-year HUD rental subsidy will help cover rent and operating costs.  The one-bedroom units will feature adjustable height shelving, lever handles and be designed for wheelchair adaptability.  The project is in close proximity to a grocery store, wellness center, and other desirable neighborhood amenities.  Residents will have access to a daily door-to-door transport service.

Enacted early this year with strong bipartisan support, the Frank Melville Supportive Housing Investment Act and the Section 202 Supportive Housing for the Elderly Act provided needed enhancements and reforms to HUD's programs.  Nonprofit grant recipients will now receive federal assistance that is better connected to state and local health care investments, allowing greater numbers of vulnerable elderly individuals to access the housing they need even more quickly.

Section 202 Capital Advances will provide $545 million nationwide to 97 projects in 42 States and Puerto.  In addition to funding the construction, acquisition, and rehabilitation of multifamily developments, HUD's Section 202 program will also provide $54 million in rental assistance so that residents only pay 30 percent of their adjusted incomes.  Section 202 provides very low-income elderly persons 62 years of age or older with the opportunity to live independently in an environment that provides support services to frail elderly resident.

HUD provides these funds to non-profit organizations in two forms:

 

  • Capital Advances.  This is funding that covers the cost of developing, acquiring, or rehabilitating the development.  Repayment is not required as long as the housing remains available for occupancy by very low-income elderly persons for at least 40 years.

  • Project Rental Assistance Contracts.  This is funding that goes to each development to cover the difference between the residents' contributions toward rent and the cost of operating the project.

 

Residents must be "very low income" with household incomes less than 50 percent of their median for that area.  However, most households that receive Section 202 assistance earn less than 30 percent of the median for their area.  Generally, this means that a one-person household will have an annual income of about $13,500.

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