Native American Veteran Home Loan Act - Amends Federal veterans law to: (1) convert into a permanent program the pilot program (set to expire after December 31, 2008) under which the Secretary of Veterans Affairs may make direct housing loans to Native American veterans; (2) limit the amount of any increase in the principal amount of any direct housing loan made to a Native American; and (3) extend the eligibility for such direct loans to a non-Native American veteran who is the spouse of a Native American.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1773 Introduced in House (IH)]
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.
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 ``Native American Veteran Home Loan
Act ''.
SEC. 2. PERMANENT AUTHORITY TO MAKE DIRECT HOUSING LOANS TO NATIVE
AMERICAN VETERANS.
(a) Permanent Authority.--Section 3761 of title 38, United States
Code, is amended--
(1) in subsection (a)--
(A) by striking ``establish and implement a pilot
program under which the Secretary may'' in the first
sentence; and
(B) by striking ``shall establish and implement the
pilot program'' in the third sentence and inserting
``shall make such loans'';
(2) in subsection (b), by striking ``In carrying out the
pilot program under this subchapter, the'' and inserting
``The''; and
(3) by striking subsection (c).
(b) Conforming Amendments.--Section 3762 of such title is amended--
(1) in subsection (b)(1)(E), by striking ``the pilot
program established under this subchapter is implemented'' and
inserting ``loans under this subchapter are made'';
(2) in subsection (c)(1)(B), by striking ``carry out the
pilot program under this subchapter in a manner that
demonstrates the advisability of making direct housing loans''
in the second sentence and inserting ``make direct housing
loans under this subchapter'';
(3) in subsection (i)--
(A) by striking ``the pilot program provided for
under this subchapter and'' in paragraph (1);
(B) by striking ``under the pilot program and in
assisting such organizations and veterans in
participating in the pilot program.'' in paragraph
(2)(A) and inserting ``under this subchapter and in
assisting such organizations and veterans with respect
to such housing benefits.''; and
(C) by striking ``in participating in the pilot
program.'' in paragraph (2)(E) and inserting ``with
respect to such benefits.'';
(4) in subsection (j)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``through 2006''; and
(ii) by striking ``the implementation of
the pilot program'' and inserting ``activities
conducted''; and
(B) by striking ``pilot program'' each place it
appears in paragraphs (3), (4), and (5) and inserting
``housing benefits under this subchapter''.
(c) Establishment of Maximum Amount of Loans.--(1) Subsection
(c)(1)(B) of section 3762 of such title is amended--
(A) by striking ``(B) The'' and inserting ``(B)(i)
The'';
(B) by striking ``The amount'' in the second
sentence and inserting ``Subject to clause (ii), the
amount''; and
(C) by adding at the end the following new clause:
``(ii) The amount of any increase under clause (i) may not exceed
an amount determined by subtracting--
``(I) the amount referred to in subparagraph (A), from
``(II) the amount of the Freddie Mac conforming loan limit
limitation determined under section 305(a)(2) of the Federal
Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)) for a
single-family residence, as adjusted for the year involved.''.
(2) Subsection (j)(1) of such section is amended by inserting
``referred to in subsection (c)(1)(A)'' before the period at the end.
(d) Technical Amendment.--Subsection (c)(1)(A) of section 3762 of
such title is amended by inserting ``veteran'' after ``Native
American''.
(e) Clerical Amendments.--(1) The heading for subchapter V of
chapter 37 of such title is amended to read as follows:
``SUBCHAPTER V--DIRECT HOUSING LOANS FOR NATIVE AMERICAN VETERANS''.
(2) The heading for section 3761 of such title is amended to read
as follows:
``Sec. 3761. Permanent authority to make direct housing loans to Native
American veterans''.
(3) The table of sections at the beginning of chapter 37 of such
title is amended by striking the items relating to subchapter V and
section 3761 and inserting the following new items:
``subchapter v--direct housing loans for native american veterans
``3761. Permanent authority to make direct housing loans to Native
American veterans.''.
SEC. 3. EXTENSION OF ELIGIBILITY FOR DIRECT LOANS FOR NATIVE AMERICAN
VETERANS TO A VETERAN WHO IS THE SPOUSE OF A NATIVE
AMERICAN.
(a) Extension.--Subchapter V of chapter 37 of title 38, United
States Code, is amended--
(1) by redesignating section 3764 as section 3765; and
(2) by inserting after section 3763 the following new
section:
``Sec. 3764. Qualified non-Native American veterans
``(a) Subject to the succeeding provisions of this section, for
purposes of this subchapter, a qualified non-Native American veteran is
deemed to be a Native American veteran, except that any reference in
this subchapter to the jurisdiction of a tribal organization over a
Native American veteran is deemed to be a reference to the Native
American spouse of the qualified non-Native American veteran.
``(b) In making direct loans under this subchapter to a qualified
non-Native American veteran, the Secretary shall ensure that the tribal
organization permits, and the qualified non-Native American veteran
actually holds, possesses, or purchases, using the proceeds of the
loan, jointly with the Native American spouse of the qualified non-
Native American veteran, a meaningful interest in the lot, dwelling, or
both, that is located on trust land.
``(c) Nothing in subsection (b) shall be construed as precluding a
tribal organization from imposing reasonable restrictions on the right
of the qualified non-Native American veteran to convey, assign, or
otherwise dispose of such interest in the lot, dwelling, or both if
such restrictions are designed to ensure the continuation in trust
status of the lot, dwelling, or both. Such requirements may include the
termination of the interest of the qualified non-Native American
veteran in the lot, dwelling, or both upon the dissolution of the
marriage of the qualified non-Native American veteran to the Native
American spouse.''.
(b) Conforming Amendments.--Section 3765 of such title, as
redesignated by subsection (a), is amended by adding at the end the
following new paragraph:
``(5) The term `qualified non-Native American veteran'
means a veteran who--
``(A) is the spouse of a Native American, but
``(B) is not a Native American.''.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 37 of such title is amended by striking the item relating to
section 3764 and inserting after the item relating to section 3763 the
following new items:
``3764. Qualified non-Native American veterans.
``3765. Definitions.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Veterans' Affairs.
Referred to the Subcommittee on Economic Opportunity.
Subcommittee Hearings Held.
Provisions of This Measure Incorporated in H.R. 3665, Section 3 and 4.
Provisions of This Measure Incorporated in H.R. 3665, Title I, Section 102.
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