I 112th CONGRESS 1st Session H. R. 120 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.

1.

Short title

This Act may be cited as the Disabled Veterans’ Surviving Spouses Home Loans Act.

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.

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.