[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 120 Introduced in House (IH)]

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.
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