Text: H.R.3504 — 116th Congress (2019-2020)All Information (Except Text)

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Public Law No: 116-154 (08/08/2020)

 
[116th Congress Public Law 154]
[From the U.S. Government Publishing Office]



[[Page 689]]

  RYAN KULES AND PAUL BENNE SPECIALLY ADAPTIVE HOUSING IMPROVEMENT ACT

                                 OF 2019

[[Page 134 STAT. 690]]

Public Law 116-154
116th Congress

                                 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. <<NOTE: Aug. 8, 2020 -  [H.R. 3504]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Ryan Kules and 
Paul Benne Specially Adaptive Housing Improvement Act of 2019.>> 
SECTION 1. <<NOTE: 38 USC 101 note.>>  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--

[[Page 134 STAT. 691]]

            (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) <<NOTE: 38 USC 2101 note.>>  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) <<NOTE: Effective date.>>  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) <<NOTE: Definition.>>  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. <<NOTE: 38 USC 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

[[Page 134 STAT. 692]]

            ``(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) <<NOTE: Time periods.>>  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 <<NOTE: 38 USC 3301 prec.>>  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) <<NOTE: 38 USC 3315B note.>>  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) <<NOTE: Time periods. Determination.>>  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

[[Page 134 STAT. 693]]

determine the annual amount to provide to the educational institution 
under subparagraph (A) as follows:
            ``(i) <<NOTE: Consultation.>>  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) <<NOTE: Time periods. Determination.>>  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) <<NOTE: Consultation.>>  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) <<NOTE: Transfer authority.>>  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) <<NOTE: Notification.>>  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.

[[Page 134 STAT. 694]]

    ``(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). <<NOTE: Deadline.>>  The Secretary shall approve or disapprove such 
request by not later than 30 days after the date of the request.

    ``(iv) <<NOTE: Liability.>>  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) <<NOTE: Determination.>>  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) <<NOTE: Definitions.>>  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) <<NOTE: 38 USC 3485 note.>>  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:


[[Page 134 STAT. 695]]



----------------------------------------------------------------------------------------------------------------
                                                       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)

[[Page 134 STAT. 696]]

 
(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

[[Page 134 STAT. 697]]

Congressional Record by the Chairman of the House Budget Committee, 
provided that such statement has been submitted prior to the vote on 
passage.

    Approved August 8, 2020.

LEGISLATIVE HISTORY--H.R. 3504:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 116-164 (Comm. on Veterans' Affairs).
CONGRESSIONAL RECORD:
                                                        Vol. 165 (2019):
                                    July 23, considered and passed 
                                        House.
                                                        Vol. 166 (2020):
                                    Mar. 25, considered and passed 
                                        Senate, amended.
                                    July 20, House concurred in Senate 
                                        amendment.

                                  <all>

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