[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3665 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3665

 To amend title 38, United States Code, to authorize the Secretary of 
  Veterans Affairs to provide adaptive housing assistance to disabled 
 veterans residing temporarily in housing owned by a family member and 
to make direct housing loans to Native American veterans, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 7, 2005

   Mr. Boozman (for himself, Ms. Herseth, Mr. Filner, and Mr. Evans) 
 introduced the following bill; which was referred to the Committee on 
                           Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend title 38, United States Code, to authorize the Secretary of 
  Veterans Affairs to provide adaptive housing assistance to disabled 
 veterans residing temporarily in housing owned by a family member and 
to make direct housing loans to Native American veterans, and for other 
                               purposes.

    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 ``Veterans Housing Improvement Act of 
2005''.

SEC. 2. ADAPTIVE HOUSING ASSISTANCE FOR DISABLED VETERANS RESIDING 
              TEMPORARILY IN HOUSING OWNED BY FAMILY MEMBER.

    (a) Assistance Authorized.--Chapter 21 of title 38, United States 
Code, is amended by inserting after section 2102 the following new 
section:
``Sec. 2102A. Assistance for veterans residing temporarily in housing 
              owned by family member
    ``(a) In the case of a disabled veteran who is described in 
subsection (a)(2) or (b)(2) of section 2101 of this title and who is 
residing, but does not intend to permanently reside, in a residence 
owned by a member of such veteran's family, the Secretary may assist 
the veteran in acquiring such adaptations to such residence as are 
determined by the Secretary to be reasonably necessary because of the 
veteran's disability.
    ``(b) The assistance authorized under subsection (a) may not 
exceed--
            ``(1) $10,000, in the case of a veteran described in 
        section 2101(a)(2) of this title; or
            ``(2) $2,000, in the case of a veteran described in section 
        2101(b)(2) of this title.
    ``(c) The assistance authorized by subsection (a) shall be limited 
in the case of any veteran to one residence.
    ``(d) Assistance under this section shall be provided in accordance 
with such regulations as the Secretary may prescribe.''.
    (b) Limitations on Adaptive Housing Assistance.--Section 2102 of 
such title is amended--
            (1) in the matter in subsection (a) preceding paragraph 
        (1)--
                    (A) by striking ``shall be limited in the case of 
                any veteran to one housing unit, and the necessary land 
                therefor, and''; and
                    (B) by striking ``veteran but shall not exceed 
                $50,000 in any one case--'' and inserting ``veteran--
                ''; and
            (2) by adding at the end the following new subsection:
    ``(d)(1) The aggregate amount of assistance available to a veteran 
under sections 2101(a) and 2102A of this title shall be limited to 
$51,000.
    ``(2) The aggregate amount of assistance available to a veteran 
under sections 2101(b) and 2102A of this title shall be limited to 
$10,500.
    ``(3) No veteran may receive more than three grants of assistance 
under this chapter.''.
    (c) Coordination of Administration of Benefits.--Chapter 21 of such 
title is further amended by adding at the end the following new 
section:
``Sec. 2107. Coordination of administration of benefits
    ``The Secretary shall provide for the coordination of the 
administration of programs to provide specially adapted housing that 
are administered by the Under Secretary for Health and such programs 
that are administered by the Under Secretary for Benefits under this 
chapter, chapter 17, and chapter 31 of this title.''.
    (d) Clerical Amendment.--The table of sections at the beginning of 
such chapter of such title is amended--
            (1) by inserting after the item relating to section 2102 
        the following new item:

``2102A. Assistance for veterans residing temporarily in housing owned 
                            by family member.''
; and
            (2) by adding at the end the following new item:

``2107. Coordination of administration of benefits.''.

SEC. 3. PERMANENT AUTHORITY TO MAKE DIRECT HOUSING LOANS TO NATIVE 
              AMERICAN VETERANS.

    (a) Permanent Authority.--Section 3761 of title 38, United States 
Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``establish and implement a pilot 
                program under which the Secretary may'' in the first 
                sentence; and
                    (B) by striking ``shall establish and implement the 
                pilot program'' in the third sentence and inserting 
                ``shall make such loans'';
            (2) in subsection (b), by striking ``In carrying out the 
        pilot program under this subchapter, the'' and inserting 
        ``The'';
            (3) by striking subsection (c); and
            (4) by adding at the end the following new subsection:
    ``(d) In making loans under this section, the Secretary shall 
consider the views and recommendations, if any, of the Advisory 
Committee on Native-American Veterans established under section 19032 
of the Veterans' Health-Care Amendments of 1986 (title XIX of Public 
Law 99-272).''.
    (b) Conforming Amendments.--
            (1) Section 3762 of such title is amended--
                    (A) in subsection (a), by inserting ``under this 
                subchapter'' after ``to a Native American veteran'';
                    (B) in subsection (b)(1)(E), by striking ``the 
                pilot program established under this subchapter is 
                implemented'' and inserting ``loans under this 
                subchapter are made'';
                    (C) in subsection (c)(1)(B), by striking ``carry 
                out the pilot program under this subchapter in a manner 
                that demonstrates the advisability of making direct 
                housing loans'' in the second sentence and inserting 
                ``make direct housing loans under this subchapter'';
                    (D) in subsection (i)--
                            (i) by striking ``the pilot program 
                        provided for under this subchapter and'' in 
                        paragraph (1);
                            (ii) by striking ``under the pilot program 
                        and in assisting such organizations and 
                        veterans in participating in the pilot 
                        program'' in paragraph (2)(A) and inserting 
                        ``under this subchapter and in assisting such 
                        organizations and veterans with respect to such 
                        housing benefits''; and
                            (iii) by striking ``in participating in the 
                        pilot program'' in paragraph (2)(E) and 
                        inserting ``with respect to such benefits'';
                    (E) in subsection (j)--
                            (i) in the matter preceding paragraph (1)--
                                    (I) by striking ``through 2006''; 
                                and
                                    (II) by striking ``relating to the 
                                implementation of the pilot program'' 
                                and inserting ``activities conducted''; 
                                and
                            (ii) by striking ``pilot program'' each 
                        place it appears in paragraphs (3), (4), and 
                        (5) and inserting ``housing benefits under this 
                        subchapter''.
            (2) Section 8(b) of the Veterans Home Loan Program 
        Amendments of 1992 (Public Law 102-547) is repealed.
    (c) Establishment of Maximum Amount of Loans.--
            (1) Maximum loan amount.--Subsection (c)(1)(B) of section 
        3762 of such title is amended--
                    (A) by striking ``(B) The'' and inserting ``(B)(i) 
                Subject to clause (ii), the''; and
                    (B) by adding at the end the following new clause:
    ``(ii) The amount of a loan made by the Secretary under this 
subchapter may not exceed the maximum loan amount authorized for loans 
guaranteed under section 3703(a)(1)(C) of this title.''.
            (2) Conforming amendment.--Subsection (j)(1) of such 
        section is amended by inserting ``referred to in subsection 
        (c)(1)(A)'' before the period at the end.
    (d) Technical Amendment.--Subsection (c)(1)(A) of section 3762 of 
such title is amended by inserting ``veteran'' after ``Native 
American''.
    (e) Clerical Amendments.--
            (1) Subchapter heading.--The heading for subchapter V of 
        chapter 37 of such title is amended to read as follows:

  ``SUBCHAPTER V--DIRECT HOUSING LOANS FOR NATIVE AMERICAN VETERANS''.

            (2) Section heading.--The heading for section 3761 of such 
        title is amended to read as follows:
``Sec. 3761. Direct housing loans to Native American veterans; program 
              authority''.
            (3) Section heading.--The heading for section 3762 of such 
        title is amended to read as follows:
``Sec. 3762. Direct housing loans to Native American veterans; program 
              administration''.
            (4) Table of sections.--The table of sections at the 
        beginning of chapter 37 of such title is amended by striking 
        the items relating to subchapter V and sections 3761 and 3762 
        and inserting the following new items:
   ``subchapter v--direct housing loans for native american veterans
``3761. Direct housing loans to Native American veterans; program 
                            authority.
``3762. Direct housing loans to Native American veterans; program 
                            administration.''.

SEC. 4. EXTENSION OF ELIGIBILITY FOR DIRECT LOANS FOR NATIVE AMERICAN 
              VETERANS TO A VETERAN WHO IS THE SPOUSE OF A NATIVE 
              AMERICAN.

    (a) Extension.--Subchapter V of chapter 37 of title 38, United 
States Code, is amended--
            (1) by redesignating section 3764 as section 3765; and
            (2) by inserting after section 3763 the following new 
        section:
``Sec. 3764. Qualified non-Native American veterans
    ``(a) Subject to the succeeding provisions of this section, for 
purposes of this subchapter--
            ``(1) a qualified non-Native American veteran is deemed to 
        be a Native American veteran; and
            ``(2) for purposes of applicability to a non-Native 
        American veteran, any reference in this subchapter to the 
        jurisdiction of a tribal organization over a Native American 
        veteran is deemed to be a reference to jurisdiction of a tribal 
        organization over the Native American spouse of the qualified 
        non-Native American veteran.
    ``(b) In making direct loans under this subchapter to a qualified 
non-Native American veteran by reason of eligibility under subsection 
(a), the Secretary shall ensure that the tribal organization permits, 
and the qualified non-Native American veteran actually holds, 
possesses, or purchases, using the proceeds of the loan, jointly with 
the Native American spouse of the qualified non-Native American 
veteran, a meaningful interest in the lot, dwelling, or both, that is 
located on trust land.
    ``(c) Nothing in subsection (b) shall be construed as precluding a 
tribal organization from imposing reasonable restrictions on the right 
of the qualified non-Native American veteran to convey, assign, or 
otherwise dispose of such interest in the lot or dwelling, or both, if 
such restrictions are designed to ensure the continuation in trust 
status of the lot or dwelling, or both. Such requirements may include 
the termination of the interest of the qualified non-Native American 
veteran in the lot or dwelling, or both, upon the dissolution of the 
marriage of the qualified non-Native American veteran to the Native 
American spouse.''.
    (b) Conforming Amendments.--Section 3765 of such title, as 
redesignated by subsection (a), is amended by adding at the end the 
following new paragraph:
            ``(5) The term `qualified non-Native American veteran' 
        means a veteran who--
                    ``(A) is the spouse of a Native American, but
                    ``(B) is not a Native American.''.
    (c) Clerical Amendment.--The table of sections at the beginning of 
chapter 37 of such title is amended by striking the item relating to 
section 3764 and inserting the following new items:

``3764. Qualified non-Native American veterans.
``3765. Definitions.''.

SEC. 5. TERMINOLOGY AMENDMENTS TO REVISE REFERENCES TO CERTAIN VETERANS 
              IN PROVISIONS RELATING TO ELIGIBILITY FOR COMPENSATION OR 
              DEPENDENCY AND INDEMNITY COMPENSATION.

    Title 38, United States Code, is amended as follows:
            (1) Section 1114(l) is amended by striking ``so helpless'' 
        and inserting ``with such significant disabilities''.
            (2) Section 1114(m) is amended by striking ``so helpless'' 
        and inserting ``so significantly disabled''.
            (3) Sections 1115(1)(E)(ii), 1115(b)(2), 1122(b)(2), 
        1311(c)(2), 1315(g)(2), and 1502(b)(2) are amended by striking 
        ``helpless or blind, or so nearly helpless or blind as to'' and 
        inserting ``blind, or so nearly blind or significantly disabled 
        as to''.
                                 <all>