I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Disabled Veterans’ 

5 Surviving Spouses Home Loans Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress makes the following findings: 


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1 (1) Surviving spouses of veterans whose deaths 

2 were not service-connected, but who had service-con3 nected disabilities that were permanent and total for 

4 at least 10 years immediately preceding their deaths, 

5 are eligible to receive a monthly dependency and in6 demnity compensation payment from the Depart7 ment of Veterans Affairs under section 1318 of title 

8 38, United States Code. 

9 (2) However, surviving spouses of such veterans 

10 are not eligible for the Department of Veterans Af11 fairs home loan guaranty under section 3701 of such 

12 title. 

13 (3) Surviving spouses of veterans whose deaths 

14 were not service-connected, but who had service-con15 nected disabilities that were permanent and total for 

16 at least 10 years immediately preceding their deaths 

17 should be eligible for the Department of Veterans 

18 Affairs home loan guaranty in addition to monthly 

19 dependency and indemnity compensation payments. 


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1 SEC. 3. DEPARTMENT OF VETERANS AFFAIRS HOUSING 

2 LOAN GUARANTEES FOR SURVIVING 

3 SPOUSES OF CERTAIN TOTALLY DISABLED 

4 VETERANS. 

5 (a) IN GENERAL.—Section 3701(b) of title 38, 

6 United States Code, is amended by adding at the end the 

7 following new paragraph: 

8 ‘‘(6) The term ‘veteran’ also includes, for pur9 poses of home loans, the surviving spouse of a de10 ceased veteran who dies and who was in receipt of 

11 or entitled to receive (or but for the receipt of re12 tired or retirement pay was entitled to receive) com13 pensation at the time of death for a service-con14 nected disability rated totally disabling if— 

15 ‘‘(A) the disability was continuously rated 

16 totally disabling for a period of 10 or more 

17 years immediately preceding death; 

18 ‘‘(B) the disability was continuously rated 

19 totally disabling for a period of not less than 

20 five years from the date of such veteran’s dis21 charge or other release from active duty; or 

22 ‘‘(C) the veteran was a former prisoner of 

23 war who died after September 30, 1999, and 

24 the disability was continuously rated totally dis25 abling for a period of not less than one year im26 mediately preceding death.’’. 


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1 (b) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall apply with respect to a loan guaran3 teed after the date of the enactment of this Act. 

4 (c) CLARIFICATION WITH RESPECT TO CERTAIN

5 FEES.—Fees shall be collected under section 3729 of title 

6 38, United States Code, from a person described in para7 graph (6) of subsection (b) of section 3701 of such title, 

8 as added by subsection (a), in the same manner as such 

9 fees are collected from a person described in paragraph 

10 (2) of such subsection. 

Æ 


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