HR 120
112th CONGRESS
1st Session
H. R. 120
To amend title 38, United States Code, to provide for eligibility
for housing loans guaranteed by the Department of Veterans Affairs for the
surviving spouses of certain totally disabled veterans.
IN THE HOUSE OF REPRESENTATIVES
January 5, 2011
Ms. FOXX (for herself, Mr. WESTMORELAND, Mr. KISSELL, Mr. BISHOP of Utah,
Mrs. LUMMIS, and Mr. TERRY) introduced the following bill; which was referred
to the Committee on Veterans' Affairs
A BILL
To amend title 38, United States Code, to provide for eligibility
for housing loans guaranteed by the Department of Veterans Affairs for the
surviving spouses of certain totally disabled veterans.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Disabled Veterans' Surviving Spouses Home Loans
Act'.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) Surviving spouses of veterans whose deaths were not service-connected,
but who had service-connected disabilities that were permanent and total
for at least 10 years immediately preceding their deaths, are eligible to
receive a monthly dependency and indemnity compensation payment from the
Department of Veterans Affairs under section 1318 of title 38, United States
Code.
(2) However, surviving spouses of such veterans are not eligible for the
Department of Veterans Affairs home loan guaranty under section 3701 of
such title.
(3) Surviving spouses of veterans whose deaths were not service-connected,
but who had service-connected disabilities that were permanent and total
for at least 10 years immediately preceding their deaths should be eligible
for the Department of Veterans Affairs home loan guaranty in addition to
monthly dependency and indemnity compensation payments.
SEC. 3. DEPARTMENT OF VETERANS AFFAIRS HOUSING LOAN GUARANTEES FOR SURVIVING
SPOUSES OF CERTAIN TOTALLY DISABLED VETERANS.
(a) In General- Section 3701(b) of title 38, United States Code, is amended
by adding at the end the following new paragraph:
`(6) The term `veteran' also includes, for purposes of home loans, the surviving
spouse of a deceased veteran who dies and who was in receipt of or entitled
to receive (or but for the receipt of retired or retirement pay was entitled
to receive) compensation at the time of death for a service-connected disability
rated totally disabling if--
`(A) the disability was continuously rated totally disabling for a period
of 10 or more years immediately preceding death;
`(B) the disability was continuously rated totally disabling for a period
of not less than five years from the date of such veteran's discharge
or other release from active duty; or
`(C) the veteran was a former prisoner of war who died after September
30, 1999, and the disability was continuously rated totally disabling
for a period of not less than one year immediately preceding death.'.
(b) Effective Date- The amendment made by subsection (a) shall apply with
respect to a loan guaranteed after the date of the enactment of this Act.
(c) Clarification With Respect to Certain Fees- Fees shall be collected under
section 3729 of title 38, United States Code, from a person described in paragraph
(6) of subsection (b) of section 3701 of such title, as added by subsection
(a), in the same manner as such fees are collected from a person described
in paragraph (2) of such subsection.
END
