[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]]
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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.
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