I 

109TH CONGRESS 

1ST SESSION H. R. 1773 

To amend title 38, United States Code, to make permanent the Native 

American Veteran Housing Loan Program, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 21, 2005 

Ms. HERSETH (for herself, Mr. FALEOMAVAEGA, Mr. EVANS, Mr. MICHAUD, 

Mr. REYES, Ms. BERKLEY, Mr. UDALL of New Mexico, Mr. ABERCROMBIE, Ms. BORDALLO, Mr. SANDERS, Mr. GRIJALVA, Ms. KILPATRICK of Michigan, Mr. CASE, Mr. PALLONE, Mr. OBERSTAR, and Mr. 

BOOZMAN) introduced the following bill; which was referred to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to make permanent 

the Native American Veteran Housing Loan Program, 

and for other purposes. 

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 ‘‘Native American Vet5 eran Home Loan Act ’’. 
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1 SEC. 2. PERMANENT AUTHORITY TO MAKE DIRECT HOUS2 ING LOANS TO NATIVE AMERICAN VETERANS. 

3 (a) PERMANENT AUTHORITY.—Section 3761 of title 

4 38, United States Code, is amended— 

5 (1) in subsection (a)— 

6 (A) by striking ‘‘establish and implement a 

7 pilot program under which the Secretary may’’ 

8 in the first sentence; and 

9 (B) by striking ‘‘shall establish and imple10 ment the pilot program’’ in the third sentence 

11 and inserting ‘‘shall make such loans’’; 

12 (2) in subsection (b), by striking ‘‘In carrying 

13 out the pilot program under this subchapter, the’’ 

14 and inserting ‘‘The’’; and 

15 (3) by striking subsection (c). 

16 (b) CONFORMING AMENDMENTS.—Section 3762 of 

17 such title is amended— 

18 (1) in subsection (b)(1)(E), by striking ‘‘the 

19 pilot program established under this subchapter is 

20 implemented’’ and inserting ‘‘loans under this sub21 chapter are made’’; 

22 (2) in subsection (c)(1)(B), by striking ‘‘carry 

23 out the pilot program under this subchapter in a 

24 manner that demonstrates the advisability of making 

25 direct housing loans’’ in the second sentence and in-
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1 serting ‘‘make direct housing loans under this sub2 chapter’’; 

3 (3) in subsection (i)— 

4 (A) by striking ‘‘the pilot program pro5 vided for under this subchapter and’’ in para6 graph (1); 

7 (B) by striking ‘‘under the pilot program 

8 and in assisting such organizations and vet9 erans in participating in the pilot program.’’ in 

10 paragraph (2)(A) and inserting ‘‘under this 

11 subchapter and in assisting such organizations 

12 and veterans with respect to such housing bene13 fits.’’; and 

14 (C) by striking ‘‘in participating in the 

15 pilot program.’’ in paragraph (2)(E) and insert16 ing ‘‘with respect to such benefits.’’; 

17 (4) in subsection (j)— 

18 (A) in the matter preceding paragraph 

19 (1)— 

20 (i) by striking ‘‘through 2006’’; and 

21 (ii) by striking ‘‘the implementation of 

22 the pilot program’’ and inserting ‘‘activi23 ties conducted’’; and 

24 (B) by striking ‘‘pilot program’’ each place 

25 it appears in paragraphs (3), (4), and (5) and 
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1 inserting ‘‘housing benefits under this sub2 chapter’’. 

3 (c) ESTABLISHMENT OF MAXIMUM AMOUNT OF

4 LOANS.—(1) Subsection (c)(1)(B) of section 3762 of such 

5 title is amended— 

6 (A) by striking ‘‘(B) The’’ and inserting 

7 ‘‘(B)(i) The’’; 

8 (B) by striking ‘‘The amount’’ in the sec9 ond sentence and inserting ‘‘Subject to clause 

10 (ii), the amount’’; and 

11 (C) by adding at the end the following new 

12 clause: 

13 ‘‘(ii) The amount of any increase under clause (i) 

14 may not exceed an amount determined by subtracting— 

15 ‘‘(I) the amount referred to in subparagraph 

16 (A), from 

17 ‘‘(II) the amount of the Freddie Mac con18 forming loan limit limitation determined under sec19 tion 305(a)(2) of the Federal Home Loan Mortgage 

20 Corporation Act (12 U.S.C. 1454(a)(2)) for a single21 family residence, as adjusted for the year involved.’’. 

22 (2) Subsection (j)(1) of such section is amended by 

23 inserting ‘‘referred to in subsection (c)(1)(A)’’ before the 

24 period at the end. 
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1 (d) TECHNICAL AMENDMENT.—Subsection (c)(1)(A) 

2 of section 3762 of such title is amended by inserting ‘‘vet3 eran’’ after ‘‘Native American’’. 

4 (e) CLERICAL AMENDMENTS.—(1) The heading for 

5 subchapter V of chapter 37 of such title is amended to 

6 read as follows: 

7 ‘‘SUBCHAPTER V—DIRECT HOUSING LOANS 

8 FOR NATIVE AMERICAN VETERANS’’. 

9 (2) The heading for section 3761 of such title is 

10 amended to read as follows: 

11 ‘‘§ 3761. Permanent authority to make direct housing 

12 loans to Native American veterans’’. 

13 (3) The table of sections at the beginning of chapter 

14 37 of such title is amended by striking the items relating 

15 to subchapter V and section 3761 and inserting the fol16 lowing new items: 

‘‘SUBCHAPTER V—DIRECT HOUSING LOANS FOR NATIVE AMERICAN VETERANS

‘‘3761. Permanent authority to make direct housing loans to Native American 

veterans.’’. 

17 SEC. 3. EXTENSION OF ELIGIBILITY FOR DIRECT LOANS 

18 FOR NATIVE AMERICAN VETERANS TO A VET19 ERAN WHO IS THE SPOUSE OF A NATIVE 

20 AMERICAN. 

21 (a) EXTENSION.—Subchapter V of chapter 37 of title 

22 38, United States Code, is amended— 
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1 (1) by redesignating section 3764 as section 

2 3765; and 

3 (2) by inserting after section 3763 the following 

4 new section: 

5 ‘‘§ 3764. Qualified non-Native American veterans 

6 ‘‘(a) Subject to the succeeding provisions of this sec7 tion, for purposes of this subchapter, a qualified non-Na8 tive American veteran is deemed to be a Native American 

9 veteran, except that any reference in this subchapter to 

10 the jurisdiction of a tribal organization over a Native 

11 American veteran is deemed to be a reference to the Na12 tive American spouse of the qualified non-Native American 

13 veteran. 

14 ‘‘(b) In making direct loans under this subchapter to 

15 a qualified non-Native American veteran, the Secretary 

16 shall ensure that the tribal organization permits, and the 

17 qualified non-Native American veteran actually holds, pos18 sesses, or purchases, using the proceeds of the loan, jointly 

19 with the Native American spouse of the qualified non-Na20 tive American veteran, a meaningful interest in the lot, 

21 dwelling, or both, that is located on trust land. 

22 ‘‘(c) Nothing in subsection (b) shall be construed as 

23 precluding a tribal organization from imposing reasonable 

24 restrictions on the right of the qualified non-Native Amer25 ican veteran to convey, assign, or otherwise dispose of such 
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1 interest in the lot, dwelling, or both if such restrictions 

2 are designed to ensure the continuation in trust status of 

3 the lot, dwelling, or both. Such requirements may include 

4 the termination of the interest of the qualified non-Native 

5 American veteran in the lot, dwelling, or both upon the 

6 dissolution of the marriage of the qualified non-Native 

7 American veteran to the Native American spouse.’’. 

8 (b) CONFORMING AMENDMENTS.—Section 3765 of 

9 such title, as redesignated by subsection (a), is amended 

10 by adding at the end the following new paragraph: 

11 ‘‘(5) The term ‘qualified non-Native American 

12 veteran’ means a veteran who— 

13 ‘‘(A) is the spouse of a Native American, 

14 but 

15 ‘‘(B) is not a Native American.’’. 

16 (c) CLERICAL AMENDMENT.—The table of sections 

17 at the beginning of chapter 37 of such title is amended 

18 by striking the item relating to section 3764 and inserting 

19 after the item relating to section 3763 the following new 

20 items: 

‘‘3764. Qualified non-Native American veterans. 

‘‘3765. Definitions.’’. 

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