[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3504 Enrolled Bill (ENR)]
H.R.3504
One Hundred Sixteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and twenty
An Act
To amend title 38, United States Code, to provide for improvements to
the specially adapted housing program and educational assistance
programs of the Department of Veterans Affairs, 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 ``Ryan Kules and Paul Benne Specially
Adaptive Housing Improvement Act of 2019''.
SEC. 2. AUTHORITY OF SECRETARY OF VETERANS AFFAIRS TO ASSIST BLIND
VETERANS WHO HAVE NOT LOST USE OF A LEG IN ACQUIRING SPECIALLY ADAPTED
HOUSING.
Section 2101 of title 38, United States Code, is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A)(i), by striking ``permanent and
total''; and
(B) in subparagraph (B),
(i) in clauses (i), (iii), (iv), and (v), by inserting
``permanent and total'' before ``disability''; and
(ii) in clause (ii)--
(I) by inserting ``permanent'' before
``disability'';
(II) by striking ``due to--'' and inserting ``due
to blindness in both eyes, having central visual acuity
of 20/200 or less in the better eye with the use of a
standard correcting lens. For the purposes of this
clause, an eye with a limitation in the fields of
vision such that the widest diameter of the visual
field subtends an angle no greater than 20 degrees
shall be considered as having a central visual acuity
of 20/200 or less.''; and
(III) by striking subclauses (I) and (II); and
(2) in subsection (b)(2)--
(A) by striking subparagraph (A); and
(B) by redesignating subparagraphs (B) and (C) as
subparagraphs (A) and (B), respectively.
SEC. 3. INCREASE IN AMOUNTS OF SPECIALLY ADAPTED HOUSING ASSISTANCE
PROVIDED BY DEPARTMENT OF VETERANS AFFAIRS.
(a) Increase of Number of Grants Per Veteran.--Section 2102(d)(3)
of such title is amended--
(1) by striking ``No veteran'' and inserting ``Subject to
subsection (f), no veteran''; and
(2) by striking ``three'' and inserting ``six''.
(b) Increase in Number of Applications Authorized To Be Approved.--
Section 2101(a)(4) of such title is amended by striking ``30
applications'' and inserting ``120 applications''.
(c) Increase in Maximum Amount of Assistance for Adaptation to
Veteran's Residence.--Section 2102(b)(2) of such title is amended by
striking ``$12,000'' and inserting ``$19,733''.
(d) Increase in Aggregate Amount of Assistance for Acquisition of
Housing With Special Features.--Section 2102(d)(1) of such title is
amended by striking ``$63,780'' and inserting ``$98,492''.
(e) Increase in Aggregate Amount of Assistance for Adaptations to
Veterans' Residences.--Section 2102(d)(2) of such title is amended by
striking ``$12,756'' and inserting ``$19,733''.
(f) Effective Date and Application.--The amendments made by this
section shall take effect on October 1, 2020.
SEC. 4. PROVISION OF ADDITIONAL AMOUNTS OF SPECIALLY ADAPTED HOUSING
ASSISTANCE FOR CERTAIN VETERANS.
Section 2102 of such title, as amended by section 3, is further
amended by adding at the end the following new subsection:
``(f)(1) Beginning October 1, 2030, notwithstanding the aggregate
amounts specified in subsection (d), a covered veteran may apply for
and receive an additional amount of assistance under subsection (a) or
(b) of section 2101 of this title in an amount that does not exceed
half of the amount specified in subsection (d).
``(2) In this subsection, a covered veteran is a veteran who--
``(A) is described in subsection (a)(2) or (b)(2) of section
2101 of this title;
``(B) as of the date of the veteran's application for
assistance under paragraph (1), most recently received assistance
under this chapter more than 10 years before such date; and
``(C) lives in a home that the Secretary determines does not
have adaptations that are reasonably necessary because of the
veteran's disability.''.
SEC. 5. TREATMENT OF CERTAIN PREPARATORY COURSES AS PROGRAMS OF
EDUCATION FOR PURPOSES OF DEPARTMENT OF VETERANS AFFAIRS EDUCATIONAL
ASSISTANCE PROGRAMS.
(a) In General.--Chapter 33 of title 38, United States Code, is
amended by inserting after section 3315A the following new section:
``Sec. 3315B. Preparatory courses for licensure, certification, or
national tests
``(a) In General.--An individual entitled to educational assistance
under this chapter shall also be entitled to payment for a covered
preparatory course.
``(b) Amount.--The amount of educational assistance payable under
this chapter for a covered preparatory course is the lesser of--
``(1) the fee charged for the covered preparatory course; or
``(2) the amount of entitlement available to the individual
under this chapter at the time of payment for the covered
preparatory course under this section.
``(c) Charge Against Entitlement.--The number of months of
entitlement charged an individual under this chapter for a covered
preparatory course shall be pro-rated based on the actual amount of the
fee charged for the covered preparatory course relative to the rate for
1 month payable--
``(1) for the academic year beginning on August 1, 2020,
$2,042; or
``(2) for an academic year beginning on any subsequent August
1, the amount for the previous academic year beginning on August 1
under this subsection, as increased by the percentage increase
equal to the most recent percentage increase determined under
section 3015(h).
``(d) Covered Preparatory Course Defined.--In this section, the
term `covered preparatory course' means a course--
``(1) for a licensing or certification test that is required or
used to enter into, maintain, or advance in employment in a
predetermined and identified vocation or profession; and
``(2) that has been approved by the State approving agency
concerned.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
3315A the following new item:
``3315B. Preparatory courses for licensure, certification, or national
tests.''.
(c) Conforming Amendments.--Section 3532(g) of title 38, United
States Code, is amended--
(1) in paragraph (1), by inserting ``or a covered preparatory
course (as that term is defined in section 3315B(a) of this
title)'' after ``or national test providing an opportunity for
course credit at institutions of higher learning described in
section 3501(a)(5) of this title''; and
(2) in paragraphs (2) and (3), by inserting ``or covered
preparatory course'' after ``test'' each place it appears.
(d) Effective Date.--The amendment made by subsection (a) shall
take effect on August 1, 2021.
SEC. 6. IMPROVEMENT TO WORK-STUDY ALLOWANCE PROGRAM.
(a) Payment of Allowance.--Subsection (a) of section 3485 of title
38, United States Code, is amended--
(1) in paragraph (1), by striking ``Individuals'' and inserting
``In accordance with paragraph (4), individuals'';
(2) by redesignating paragraphs (4), (5), and (6) as paragraphs
(5), (6), and (7), respectively; and
(3) by inserting after paragraph (3) the following new
paragraph:
``(4)(A) With respect to covered work-study activities, the
Secretary shall carry out this section by providing to participating
educational institutions an annual amount for the institution to use in
paying work-study allowance under paragraph (1) to individuals enrolled
at the institution.
``(B) With respect to a participating educational institution that
participated in the work-study program under this section during the
academic year beginning August 1, 2018, the Secretary shall determine
the annual amount to provide to the educational institution under
subparagraph (A) as follows:
``(i) For the academic year beginning August 1, 2020, the
amount shall be the total amount, determined in consultation with
the educational institution, that the Secretary paid under this
section for covered work-study activities to individuals enrolled
at such educational institution during the academic year beginning
August 1, 2018.
``(ii) Except as provided by clauses (ii) or (iii) of
subparagraph (D), for each academic year beginning on or after
August 1, 2021, the amount shall be the total amount the
educational institution paid under this section for work-study
allowance for covered work-study activities to individuals enrolled
at such educational institution during the previous academic year
in which individuals participated in the work-study program.
``(C) With respect to a participating educational institution that
did not participate in the work-study program under this section during
the academic year beginning August 1, 2018, the Secretary shall
determine the annual amount to provide to the educational institution
under subparagraph (A) as follows:
``(i) For the first academic year in which the educational
institution participates in the work-study program beginning on or
after August 1, 2020, the amount shall be an amount, determined in
consultation with the educational institution, that the Secretary
determines appropriate based on amounts provided to similar
educational institutions pursuant to subparagraph (B).
``(ii) Except as provided by clauses (ii) or (iii) of
subparagraph (D), for each academic year occurring after the
academic year specified in clause (i), the amount shall be the
total amount the educational institution paid under this section
for work-study allowance for covered work-study activities to
individuals enrolled at such educational institution during the
previous academic year in which individuals enrolled at such
educational institution participated in the work-study program.
``(D)(i) Except as provided in clause (ii), if the Secretary
provides an annual amount to a participating educational institution
under subparagraph (B) or (C) that is more than the total amount the
educational institution pays to individuals under paragraph (1) for
covered work-study activities, the educational institution shall return
to the Secretary the unpaid amount and the Secretary shall transfer
such amount into the general fund of the Treasury.
``(ii) If the annual amount provided to a participating educational
institution under subparagraph (B) or (C) is more, but less than 25
percent more, than the total amount the educational institution pays to
individuals under paragraph (1) for covered work-study activities, and
the educational institution plans to participate in the work-study
program under this section during the subsequent academic year, the
educational institution may retain the amount of the overpayment if the
educational institution notifies the Secretary of the amount of the
overpayment and the intention of the educational institution to retain
such amount. Any amount retained by an educational institution under
this clause may only be used by the educational institution to provide
work-study allowance to individuals enrolled at the educational
institution.
``(iii) At any time a participating educational institution may
request the Secretary to increase the annual amount that the Secretary
provides the educational institution under subparagraph (B) or (C). The
Secretary shall approve or disapprove such request by not later than 30
days after the date of the request.
``(iv) Whenever the Secretary finds that a participating
educational institution paid an amount of work-study allowance under
this paragraph to an individual for a purpose other than covered work-
study activities, such payment shall constitute a liability of the
educational institution to the United States.
``(E)(i) Pursuant to section 3690(c), section 3693, and other
provisions of chapter 36 of this title, the Secretary shall ensure that
participating educational institutions carry out the work-study
allowance program in compliance with this section.
``(ii) The Secretary may prohibit an educational institution from
being a participating educational institution under this paragraph if
the Secretary determines that the educational institution is not in
compliance with this section.
``(F) In this paragraph:
``(i) The term `covered work-study activities' means qualifying
work-study activities described in subparagraphs (A), (B), (H),
(I), or (J) of paragraph (5) for which an individual is paid a
work-study allowance.
``(ii) The term `participating educational institution' means
an educational institution that--
``(I)(aa) during the five-academic-year period occurring
before an academic year during which the Secretary carries out
this paragraph, the educational institution had on average more
than 10 individuals per academic year participating in a
covered work-study activity under this section; or
``(bb) the educational institution is not described by item
(aa) but informs the Secretary that the institution expects to
have more than 10 individuals in the following academic year
participating in a covered work-study activity under this
section; and
``(II) voluntarily chooses to be a participating
educational institution under this paragraph.''.
(b) Conforming Amendment.--Subsection (e)(1) of such section is
amended by striking ``subsection (a)(4)'' and inserting ``subsection
(a)(5)''.
(c) Application.--The amendments made by this section shall apply
with respect to a quarter, semester, or term, as applicable, commencing
on or after August 1, 2021.
SEC. 7. ADJUSTMENT OF LOAN FEES.
Section 3729(b)(2) of title 38, United States Code, is amended by
striking the loan fee table and inserting the following:
----------------------------------------------------------------------------------------------------------------
Active duty
``Type of loan veteran Reservist Other obligor
----------------------------------------------------------------------------------------------------------------
(A)(i) Initial loan described in section 3710(a) 2.15 2.40 NA
to purchase or construct a dwelling with 0-down,
or any other initial loan described in section
3710(a) other than with 5-down or 10-down
(closed on or after October 1, 2004, and before
January 1, 2020)
(A)(ii) Initial loan described in section 3710(a) 2.30 2.30 NA
to purchase or construct a dwelling with 0-down,
or any other initial loan described in section
3710(a) other than with 5-down or 10-down
(closed on or after January 1, 2020, and before
April 7, 2023)
(A)(iii) Initial loan described in section 2.15 2.15 NA
3710(a) to purchase or construct a dwelling with
0-down, or any other initial loan described in
section 3710(a) other than with 5-down or 10-
down (closed on or after April 7, 2023, and
before October 1, 2029)
(A)(iv) Initial loan described in section 3710(a) 1.40 1.40 NA
to purchase or construct a dwelling with 0-down,
or any other initial loan described in section
3710(a) other than with 5-down or 10-down
(closed on or after October 1, 2029)
(B)(i) Subsequent loan described in section 3.30 3.30 NA
3710(a) to purchase or construct a dwelling with
0-down, or any other subsequent loan described
in section 3710(a) (closed on or after October
1, 2004, and before January 1, 2020)
(B)(ii) Subsequent loan described in section 3.60 3.60 NA
3710(a) to purchase or construct a dwelling with
0-down, or any other subsequent loan described
in section 3710(a) (closed on or after January
1, 2020, and before April 7, 2023)
(B)(iii) Subsequent loan described in section 3.30 3.30 NA
3710(a) to purchase or construct a dwelling with
0-down, or any other subsequent loan described
in section 3710(a) (closed on or after April 7,
2023, and before October 1, 2029)
(B)(iv) Subsequent loan described in section 1.25 1.25 NA
3710(a) to purchase or construct a dwelling with
0-down, or any other subsequent loan described
in section 3710(a) (closed on or after October
1, 2029)
(C)(i) Loan described in section 3710(a) to 1.50 1.75 NA
purchase or construct a dwelling with 5-down
(closed before January 1, 2020)
(C)(ii) Loan described in section 3710(a) to 1.65 1.65 NA
purchase or construct a dwelling with 5-down
(closed on or after January 1, 2020, and before
April 7, 2023)
(C)(iii) Loan described in section 3710(a) to 1.50 1.50 NA
purchase or construct a dwelling with 5-down
(closed on or after April 7, 2023, and before
October 1, 2029)
(C)(iv) Loan described in section 3710(a) to 0.75 0.75 NA
purchase or construct a dwelling with 5-down
(closed on or after October 1, 2029)
(D)(i) Loan described in section 3710(a) to 1.25 1.50 NA
purchase or construct a dwelling with 10-down
(closed before January 1, 2020)
(D)(ii) Loan described in section 3710(a) to 1.40 1.40 NA
purchase or construct a dwelling with 10-down
(closed on or after January 1, 2020, and before
April 7, 2023)
(D)(iii) Loan described in section 3710(a) to 1.25 1.25 NA
purchase or construct a dwelling with 10-down
(closed on or after April 7, 2023, and before
October 1, 2029)
(D)(iv) Loan described in section 3710(a) to 0.50 0.50 NA
purchase or construct a dwelling with 10-down
(closed on or after October 1, 2029)
(E) Interest rate reduction refinancing loan 0.50 0.50 NA
(F) Direct loan under section 3711 1.00 1.00 NA
(G) Manufactured home loan under section 3712 1.00 1.00 NA
(other than an interest rate reduction
refinancing loan)
(H) Loan to Native American veteran under section 1.25 1.25 NA
3762 (other than an interest rate reduction
refinancing loan)
(I) Loan assumption under section 3714 0.50 0.50 0.50
(J) Loan under section 3733(a) 2.25 2.25 2.25''.
----------------------------------------------------------------------------------------------------------------
SEC. 8. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.