[USC02] 38 USC Ch. 21: SPECIALLY ADAPTED HOUSING FOR DISABLED VETERANS
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38 USC Ch. 21: SPECIALLY ADAPTED HOUSING FOR DISABLED VETERANS
From Title 38—VETERANS' BENEFITSPART II—GENERAL BENEFITS

CHAPTER 21—SPECIALLY ADAPTED HOUSING FOR DISABLED VETERANS

Sec.
2101.
Acquisition and adaptation of housing: eligible veterans.
2101A.
Eligibility for benefits and assistance: members of the Armed Forces with service-connected disabilities; individuals residing outside the United States.
2102.
Limitations on assistance furnished.
2102A.
Assistance for individuals residing temporarily in housing owned by a family member.
2102B.
Adaptations to residences of veterans in rehabilitation programs.
2103.
Furnishing of plans and specifications.
2104.
Benefits additional to benefits under other laws.
2105.
Nonliability of United States.
2106.
Veterans' mortgage life insurance.
2107.
Coordination of administration of benefits.
2108.
Specially adapted housing assistive technology grant program.
2109.
Specially adapted housing destroyed or damaged by natural disasters.

        

Amendments

2018Pub. L. 115–177, §1(d), June 1, 2018, 132 Stat. 1378, added item 2102B.

2012Pub. L. 112–154, title VII, §701(a)(2), Aug. 6, 2012, 126 Stat. 1203, added item 2109.

2010Pub. L. 111–275, title II, §203(b), Oct. 13, 2010, 124 Stat. 2874, added item 2108.

2008Pub. L. 110–289, div. B, title VI, §2602(b)(8), July 30, 2008, 122 Stat. 2860, substituted "Acquisition and adaptation of housing: eligible veterans" for "Veterans eligible for assistance" in item 2101, added item 2101A, and substituted "individuals" for "veterans" in item 2102A.

2006Pub. L. 109–233, title I, §101(d), June 15, 2006, 120 Stat. 399, added items 2102A and 2107.

1992Pub. L. 102–568, title II, §204(b), Oct. 29, 1992, 106 Stat. 4325, substituted "Veterans' " for "Veteran's" in item 2106.

1991Pub. L. 102–83, §5(b)(1), Aug. 6, 1991, 105 Stat. 406, renumbered items 801 to 806 as 2101 to 2106, respectively.

1988Pub. L. 100–322, title III, §333(a)(2), May 20, 1988, 102 Stat. 539, substituted "Veteran's mortgage life insurance" for "Mortgage Protection Life Insurance" in item 806.

1971Pub. L. 92–95, §2, Aug. 11, 1971, 85 Stat. 322, added item 806.

§2101. Acquisition and adaptation of housing: eligible veterans

(a) Acquisition of Housing With Special Features.—(1) Subject to paragraphs (3) and (4), the Secretary may assist a disabled veteran described in paragraph (2) in acquiring a suitable housing unit with special fixtures or movable facilities made necessary by the nature of the veteran's disability, and necessary land therefor.

(2)(A) A veteran is described in this paragraph if the veteran—

(i) is entitled to compensation under chapter 11 of this title for a permanent and total service-connected disability that meets any of the criteria described in subparagraph (B); or

(ii) served in the Armed Forces on or after September 11, 2001, and is entitled to compensation under chapter 11 of this title for a permanent service-connected disability that meets the criterion described in subparagraph (C).


(B) The criteria described in this subparagraph are as follows:

(i) The disability is due to the loss, or loss of use, of both lower extremities such as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair.

(ii) The disability is due to—

(I) blindness in both eyes, having only light perception, plus

(II) loss or loss of use of one lower extremity.


(iii) The disability is due to the loss or loss of use of one lower extremity together with—

(I) residuals of organic disease or injury; or

(II) the loss or loss of use of one upper extremity,


which so affect the functions of balance or propulsion as to preclude locomotion without the aid of braces, crutches, canes, or a wheelchair.

(iv) The disability is due to the loss, or loss of use, of both upper extremities such as to preclude use of the arms at or above the elbows.

(v) The disability is due to a severe burn injury (as determined pursuant to regulations prescribed by the Secretary).


(C) The criterion described in this subparagraph is that the disability—

(i) was incurred on or after September 11, 2001; and

(ii) is due to the loss or loss of use of one or more lower extremities which so affects the functions of balance or propulsion as to preclude ambulating without the aid of braces, crutches, canes, or a wheelchair.


(3) The regulations prescribed under subsection (d) shall require that assistance under paragraph (1) may be provided to a veteran only if the Secretary finds that—

(A) it is medically feasible for the veteran to reside in the proposed housing unit and in the proposed locality;

(B) the proposed housing unit bears a proper relation to the veteran's present and anticipated income and expenses; and

(C) the nature and condition of the proposed housing unit are such as to be suitable to the veteran's needs for dwelling purposes.


(4) In any fiscal year, the Secretary may not approve more than 30 applications for assistance under paragraph (1) for disabled veterans described in paragraph (2)(A)(ii).

(b) Adaptations to Residence of Veteran.—(1) Subject to paragraph (3), the Secretary shall assist any disabled veteran described in paragraph (2) (other than a veteran who is eligible for assistance under subsection (a))—

(A) in acquiring such adaptations to such veteran's residence as are determined by the Secretary to be reasonably necessary because of such disability; or

(B) in acquiring a residence already adapted with special features determined by the Secretary to be reasonably necessary for the veteran because of such disability.


(2) A veteran is described in this paragraph if the veteran is entitled to compensation under chapter 11 of this title for a service-connected disability that meets any of the following criteria:

(A) The disability is 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 subparagraph, 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.

(B) A permanent and total disability that includes the anatomical loss or loss of use of both hands.

(C) A permanent and total disability that is due to a severe burn injury (as so determined).


(3) Assistance under paragraph (1) may be provided only to a veteran who the Secretary determines—

(A) is residing in and reasonably intends to continue residing in a residence owned by such veteran or by a member of such veteran's family; or

(B) if the veteran's residence is to be constructed or purchased, will be residing in and reasonably intends to continue residing in a residence owned by such veteran or by a member of such veteran's family.


(c) Regulations.—Assistance under this section shall be provided in accordance with such regulations as the Secretary may prescribe.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1168, §801; Pub. L. 86–239, Sept. 8, 1959, 73 Stat. 472; Pub. L. 88–401, Aug. 4, 1964, 78 Stat. 380; Pub. L. 91–22, §1, June 6, 1969, 83 Stat. 32; Pub. L. 95–117, title IV, §401, Oct. 3, 1977, 91 Stat. 1065; Pub. L. 96–385, title III, §301(a), Oct. 7, 1980, 94 Stat. 1531; Pub. L. 99–576, title IV, §401(a), title VII, §§701(48), 702(7), Oct. 28, 1986, 100 Stat. 3280, 3295, 3302; renumbered §2101 and amended Pub. L. 102–83, §§4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 108–183, title IV, §401, Dec. 16, 2003, 117 Stat. 2664; Pub. L. 108–454, title IV, §401, Dec. 10, 2004, 118 Stat. 3614; Pub. L. 109–233, title I, §105(a), June 15, 2006, 120 Stat. 402; Pub. L. 110–289, div. B, title VI, §§2602(b)(1), (7)(A), 2603, July 30, 2008, 122 Stat. 2859, 2860; Pub. L. 112–154, title II, §§202(a), (c), 203(a), Aug. 6, 2012, 126 Stat. 1176, 1177; Pub. L. 113–37, §2(g), Sept. 30, 2013, 127 Stat. 524; Pub. L. 113–175, title IV, §405, Sept. 26, 2014, 128 Stat. 1905; Pub. L. 114–58, title IV, §407, title VI, §601(10), (11), Sept. 30, 2015, 129 Stat. 535, 538; Pub. L. 114–228, title IV, §408, Sept. 29, 2016, 130 Stat. 940; Pub. L. 115–62, title IV, §407, Sept. 29, 2017, 131 Stat. 1164; Pub. L. 115–251, title I, §121, Sept. 29, 2018, 132 Stat. 3169.)

Prior Provisions

Prior section 2101, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1222, related to eligibility for mustering-out payments, prior to repeal by Pub. L. 89–50, §1(a), June 24, 1965, 79 Stat. 173, effective July 1, 1966.

Amendments

2018—Subsec. (a)(4). Pub. L. 115–251 substituted "In any fiscal year, the Secretary" for "(B) In each of fiscal years 2014 through 2018, the Secretary" and struck out subpar. (A) which read as follows: "Except as provided in subparagraph (B), the Secretary's authority to furnish assistance under paragraph (1) to a disabled veteran described in paragraph (2)(A)(ii) shall apply only with respect to applications for such assistance approved by the Secretary on or before September 30, 2018."

2017—Subsec. (a)(4)(A). Pub. L. 115–62, §407(1), substituted "September 30, 2018" for "September 30, 2017".

Subsec. (a)(4)(B). Pub. L. 115–62, §407(2), substituted "2018" for "2017".

2016—Subsec. (a)(4)(A). Pub. L. 114–228, §408(1), substituted "September 30, 2017" for "September 30, 2016".

Subsec. (a)(4)(B). Pub. L. 114–228, §408(2), substituted "2017" for "2016".

2015—Subsec. (a)(2). Pub. L. 114–58, §601(10), realigned margins.

Subsec. (a)(2)(B)(ii). Pub. L. 114–58, §601(11), added cl. (ii) and struck out former cl. (ii) which read as follows: "The disability is due to—

"(I) blindness in both eyes, having only light perception, plus (ii) loss or loss of use of one lower extremity."

Subsec. (a)(4)(A). Pub. L. 114–58, §407(1), substituted "September 30, 2016" for "September 30, 2015".

Subsec. (a)(4)(B). Pub. L. 114–58, §407(2), substituted "each of fiscal years 2014 through 2016" for "each of fiscal years 2014 and 2015".

2014—Subsec. (a)(4)(A). Pub. L. 113–175, §405(1), substituted "September 30, 2015" for "September 30, 2014".

Subsec. (a)(4)(B). Pub. L. 113–175, §405(2), substituted "each of fiscal years 2014 and 2015" for "fiscal year 2014".

2013—Subsec. (a)(4). Pub. L. 113–37 designated existing provisions as subpar. (A), substituted "Except as provided in subparagraph (B), the Secretary's" for "The Secretary's" and "September 30, 2014" for "September 30, 2013", and added subpar. (B).

2012—Subsec. (a)(1). Pub. L. 112–154, §202(c)(1), substituted "to paragraphs (3) and (4)" for "to paragraph (3)".

Subsec. (a)(2). Pub. L. 112–154, §202(a), amended par. (2) generally. Prior to amendment, par. (2) provided description of disabled veteran whom Secretary may assist in acquiring suitable housing.

Subsec. (a)(4). Pub. L. 112–154, §202(c)(2), added par. (4).

Subsec. (b)(2). Pub. L. 112–154, §203(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "A veteran is described in this paragraph if the veteran is entitled to compensation under chapter 11 of this title for a permanent and total service-connected disability that meets any of the following criteria:

"(A) The disability is due to blindness in both eyes with 5/200 visual acuity or less.

"(B) The disability includes the anatomical loss or loss of use of both hands.

"(C) The disability is due to a severe burn injury (as so determined)."

2008Pub. L. 110–289, §2602(b)(7)(A), amended section catchline generally. Prior to amendment, catchline read as follows: "Veterans eligible for assistance".

Subsec. (a)(2)(E). Pub. L. 110–289, §2603(1), added subpar. (E).

Subsec. (b)(2). Pub. L. 110–289, §2603(2)(A), substituted "any" for "either" in introductory provisions.

Subsec. (b)(2)(C). Pub. L. 110–289, §2603(2)(B), added subpar. (C).

Subsecs. (c), (d). Pub. L. 110–289, §2602(b)(1), redesignated subsec. (d) as (c) and struck out former subsec. (c) which related to provision of specially adapted housing to a member of the Armed Forces serving on active duty and suffering from a disability whose disability was the result of an injury incurred or disease contracted in or aggravated in the line of duty. See section 2101A of this title.

2006—Subsec. (a)(3). Pub. L. 109–233, §105(a)(3), substituted "subsection (d)" for "subsection (c)" in introductory provisions.

Subsec. (c). Pub. L. 109–233, §105(a)(2), added subsec. (c) consisting of the text of subsec. (c) of this section as in effect immediately before the enactment of Pub. L. 108–454, as modified by amendments to pars. (1) and (2) below. See 2004 Amendment note below. Former subsec. (c) redesignated (d).

Subsec. (c)(1). Pub. L. 109–233, §105(a)(2)(A), substituted "subparagraph (A), (B), (C), or (D) of paragraph (2)" for "paragraph (1), (2), or (3)" and "paragraph (3)" for "the second sentence".

Subsec. (c)(2). Pub. L. 109–233, §105(a)(2)(B), substituted "paragraph (2)" for "paragraph (1)" in first sentence and "paragraph (3)" for "paragraph (2)" in second sentence.

Subsec. (d). Pub. L. 109–233, §105(a)(1), redesignated subsec. (c) as (d).

2004Pub. L. 108–454 amended text of section generally. Prior to amendment, section consisted of subsecs. (a) and (b) authorizing the Secretary to assist veterans entitled to compensation under chapter 11 of this title for permanent and total service-connected disability due to loss or loss of use of lower extremities, blindness, or loss or loss of use of both hands and subsec. (c) authorizing similar assistance to members of the Armed Forces serving on active duty.

2003—Subsec. (c). Pub. L. 108–183 added subsec. (c).

1991Pub. L. 102–83 renumbered section 801 of this title as this section and substituted "Secretary" for "Administrator" wherever appearing.

1986—Subsec. (a). Pub. L. 99–576, §§701(48), 702(7), substituted "the Administrator" for "he" and "veteran who" for "veteran, who", and struck out ", based on service after April 20, 1898," after "chapter 11 of this title".

Subsec. (b)(1). Pub. L. 99–576, §401(a), inserted at end "or in acquiring a residence already adapted with special features determined by the Administrator to be reasonably necessary for the veteran because of such disability".

1980Pub. L. 96–385 designated existing provisions as subsec. (a) and added subsec. (b).

1978Pub. L. 95–117 in cl. (3) inserted reference to loss or loss of use of one upper extremity and reference to braces, crutches, and canes.

1969Pub. L. 91–22 added cl. (3) which authorized the Administrator to provide housing assistance to veterans whose permanent and total disability consists of loss or loss of use of one lower extremity when such loss precludes locomotion without a wheelchair.

1964Pub. L. 88–401 struck out provisions from cl. (2)(B) which required such permanent and total disability to be such as to preclude locomotion without the aid of a wheelchair.

1959Pub. L. 86–239 designated existing provisions of first sentence as cl. (1), struck out "by reason of amputation, ankylosis, progressive muscular dystrophies, or paralysis" after "loss of use", and added cl. (2).

Effective Date of 2013 Amendment

Amendment by Pub. L. 113–37 effective Oct. 1, 2013, see section 4(a) of Pub. L. 113–37, set out as a note under section 322 of this title.

Effective Date of 2012 Amendment

Pub. L. 112–154, title II, §202(b), Aug. 6, 2012, 126 Stat. 1177, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2012."

Pub. L. 112–154, title II, §203(b), Aug. 6, 2012, 126 Stat. 1177, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2012."

Effective Date of 2006 Amendment

Pub. L. 109–233, title I, §105(b), June 15, 2006, 120 Stat. 402, provided that: "The amendments made by subsection (a) [amending this section] shall take effect as of December 10, 2004, as if enacted immediately after the enactment of the Veterans Benefits Improvement Act of 2004 [Pub. L. 108–454] on that date."

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–385 effective Oct. 1, 1980, see section 601(b) of Pub. L. 96–385, set out as a note under section 1114 of this title.

Effective Date of 1977 Amendment

Amendment by Pub. L. 95–117 effective Oct. 1, 1977, see section 501 of Pub. L. 95–117, set out as a note under section 1114 of this title.

Pilot Program to Rehabilitate and Modify Homes of Disabled and Low-Income Veterans

Pub. L. 113–291, div. A, title X, §1079, Dec. 19, 2014, 128 Stat. 3521, as amended by Pub. L. 114–92, div. A, title X, §1081(b)(4), Nov. 25, 2015, 129 Stat. 1001, provided that:

"(a) Definitions.—In this section:

"(1) Disabled.—The term 'disabled' means an individual with a disability, as defined by section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102).

"(2) Eligible veteran.—The term 'eligible veteran' means a disabled or low-income veteran.

"(3) Energy efficient features or equipment.—The term 'energy efficient features or equipment' means features of, or equipment in, a primary residence that help reduce the amount of electricity used to heat, cool, or ventilate such residence, including insulation, weatherstripping, air sealing, heating system repairs, duct sealing, or other measures.

"(4) Low-income veteran.—The term 'low-income veteran' means a veteran whose income does not exceed 80 percent of the median income for an area, as determined by the Secretary.

"(5) Nonprofit organization.—The term 'nonprofit organization' means an organization that is—

"(A) described in section 501(c)(3) or 501(c)(19) of the Internal Revenue Code of 1986 [26 U.S.C. 501(c)(3), (19)]; and

"(B) exempt from tax under section 501(a) of such Code [26 U.S.C. 501(a)].

"(6) Primary residence.—

"(A) In general.—The term 'primary residence' means a single family house, a duplex, or a unit within a multiple-dwelling structure that is the principal dwelling of an eligible veteran and is owned by such veteran or a family member of such veteran.

"(B) Family member defined.—For purposes of this paragraph, the term 'family member' includes—

"(i) a spouse, child, grandchild, parent, or sibling;

"(ii) a spouse of such a child, grandchild, parent, or sibling; or

"(iii) any individual related by blood or affinity whose close association with a veteran is the equivalent of a family relationship.

"(7) Qualified organization.—The term 'qualified organization' means a nonprofit organization that provides nationwide or statewide programs that primarily serve veterans or low-income individuals.

"(8) Secretary.—The term 'Secretary' means the Secretary of Housing and Urban Development.

"(9) Veteran.—The term 'veteran' has the meaning given the term in section 101 of title 38, United States Code.

"(10) Veterans service organization.—The term 'veterans service organization' means any organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code.

"(b) Establishment of a Pilot Program.—

"(1) Grant.—

"(A) In general.—The Secretary shall establish a pilot program to award grants to qualified organizations to rehabilitate and modify the primary residence of eligible veterans.

"(B) Coordination.—The Secretary shall work in conjunction with the Secretary of Veterans Affairs to establish and oversee the pilot program and to ensure that such program meets the needs of eligible veterans.

"(C) Maximum grant.—A grant award under the pilot program to any one qualified organization shall not exceed $1,000,000 in any one fiscal year, and such an award shall remain available until expended by such organization.

"(2) Application.—

"(A) In general.—Each qualified organization that desires a grant under the pilot program shall submit an application to the Secretary at such time, in such manner, and, in addition to the information required under subparagraph (B), accompanied by such information as the Secretary may reasonably require.

"(B) Contents.—Each application submitted under subparagraph (A) shall include—

"(i) a plan of action detailing outreach initiatives;

"(ii) the approximate number of veterans the qualified organization intends to serve using grant funds;

"(iii) a description of the type of work that will be conducted, such as interior home modifications, energy efficiency improvements, and other similar categories of work; and

"(iv) a plan for working with the Department of Veterans Affairs and veterans service organizations to identify veterans who are not eligible for programs under chapter 21 of title 38, United States Code, and meet their needs.

"(3) Use of funds.—A grant award under the pilot program shall be used—

"(A) to modify and rehabilitate the primary residence of an eligible veteran, and may include—

"(i) installing wheelchair ramps, widening exterior and interior doors, reconfigurating and re-equipping bathrooms (which includes installing new fixtures and grab bars), removing doorway thresholds, installing special lighting, adding additional electrical outlets and electrical service, and installing appropriate floor coverings to—

     "(I) accommodate the functional limitations that result from having a disability; or

     "(II) if such residence does not have modifications necessary to reduce the chances that an elderly, but not disabled person, will fall in their home, reduce the risks of such an elderly person from falling;

"(ii) rehabilitating such residence that is in a state of interior or exterior disrepair; and

"(iii) installing energy efficient features or equipment if—

     "(I) an eligible veteran's monthly utility costs for such residence is more than 5 percent of such veteran's monthly income; and

     "(II) an energy audit of such residence indicates that the installation of energy efficient features or equipment will reduce such costs by 10 percent or more; and

"(B) in connection with modification and rehabilitation services provided under the pilot program, to provide technical, administrative, and training support to an affiliate of a qualified organization receiving a grant under such pilot program.

"(4) Limitation on use of funds.—Funds may be expended under the pilot program only for the benefit of an eligible veteran who the Secretary determines is residing in and reasonably intends to continue residing in a primary residence owned by such veteran or by a member of such veteran's family. The Secretary shall make this determination on the basis of a certification by the veteran or a member of the veteran's family that the veteran intends to continue residing in the primary residence for a sufficient period of time to be determined by the Secretary.

"(5) Oversight.—The Secretary shall direct the oversight of the grant funds for the pilot program so that such funds are used efficiently until expended to fulfill the purpose of addressing the adaptive housing needs of eligible veterans.

"(6) Matching funds.—

"(A) In general.—A qualified organization receiving a grant under the pilot program shall contribute towards the housing modification and rehabilitation services provided to eligible veterans an amount equal to not less than 50 percent of the grant award received by such organization.

"(B) In-kind contributions.—In order to meet the requirement under subparagraph (A), such organization may arrange for in-kind contributions.

"(7) Limitation cost to the veterans.—A qualified organization receiving a grant under the pilot program shall modify or rehabilitate the primary residence of an eligible veteran at no cost to such veteran (including application fees) or at a cost such that such veteran pays no more than 30 percent of his or her income in housing costs during any month.

"(8) Reports.—

"(A) Annual report.—The Secretary shall submit to Congress, on an annual basis, a report that provides, with respect to the year for which such report is written—

"(i) the number of eligible veterans provided assistance under the pilot program;

"(ii) the socioeconomic characteristics of such veterans, including their gender, age, race, and ethnicity;

"(iii) the total number, types, and locations of entities contracted under such program to administer the grant funding;

"(iv) the amount of matching funds and in-kind contributions raised with each grant;

"(v) a description of the housing rehabilitation and modification services provided, costs saved, and actions taken under such program;

"(vi) a description of the outreach initiatives implemented by the Secretary to educate the general public and eligible entities about such program;

"(vii) a description of the outreach initiatives instituted by grant recipients to engage eligible veterans and veteran service organizations in projects utilizing grant funds under such program;

"(viii) a description of the outreach initiatives instituted by grant recipients to identify eligible veterans and their families; and

"(ix) any other information that the Secretary considers relevant in assessing such program.

"(B) Final report.—Not later than 6 months after the completion of the pilot program, the Secretary shall submit to Congress a report that provides such information that the Secretary considers relevant in assessing the pilot program.

"(C) Inspector general report.—Not later than March 31, 2019, the Inspector General of the Department of Housing and Urban Development shall submit to the Chairmen and Ranking Members of the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report containing a review of—

"(i) the use of appropriated funds by the Secretary and by grantees under the pilot program; and

"(ii) oversight and accountability of grantees under the pilot program.

"(9) Authorization of appropriations.—There are authorized to be appropriated for the Department of Housing and Urban Development for carrying out this section $4,000,000 for each of fiscal years 2015 through 2019."

§2101A. Eligibility for benefits and assistance: members of the Armed Forces with service-connected disabilities; individuals residing outside the United States

(a) Members With Service-Connected Disabilities.—(1) The Secretary may provide assistance under this chapter to a member of the Armed Forces serving on active duty who is suffering from a disability that meets applicable criteria for benefits under this chapter if the disability is incurred or aggravated in line of duty in the active military, naval, or air service. Such assistance shall be provided to the same extent as assistance is provided under this chapter to veterans eligible for assistance under this chapter and subject to the same requirements as veterans under this chapter.

(2) For purposes of this chapter, any reference to a veteran or eligible individual shall be treated as a reference to a member of the Armed Forces described in subsection (a) who is similarly situated to the veteran or other eligible individual so referred to.

(b) Benefits and Assistance for Individuals Residing Outside the United States.—(1) Subject to paragraph (2), the Secretary may, at the Secretary's discretion, provide benefits and assistance under this chapter (other than benefits under section 2106 of this title) to any individual otherwise eligible for such benefits and assistance who resides outside the United States.

(2) The Secretary may provide benefits and assistance to an individual under paragraph (1) only if—

(A) the country or political subdivision in which the housing or residence involved is or will be located permits the individual to have or acquire a beneficial property interest (as determined by the Secretary) in such housing or residence; and

(B) the individual has or will acquire a beneficial property interest (as so determined) in such housing or residence.


(c) Limitation.—Notwithstanding subsections (a) and (b), this section shall not apply to the provision of assistance under section 2102B of this title.

(d) Regulations.—Benefits and assistance under this chapter by reason of this section shall be provided in accordance with such regulations as the Secretary may prescribe.

(Added Pub. L. 110–289, div. B, title VI, §2602(a), July 30, 2008, 122 Stat. 2858; amended Pub. L. 115–177, §1(c)(2), June 1, 2018, 132 Stat. 1377.)

Amendments

2018—Subsecs. (c), (d). Pub. L. 115–177 added subsec. (c) and redesignated former subsec. (c) as (d).

§2102. Limitations on assistance furnished

(a) The assistance authorized by section 2101(a) of this title shall be afforded under one of the following plans, at the option of the individual—

(1) where the individual elects to construct a housing unit on land to be acquired by such individual, the Secretary shall pay not to exceed 50 percent of the total cost to the individual of (A) the housing unit and (B) the necessary land upon which it is to be situated;

(2) where the individual elects to construct a housing unit on land acquired by such individual prior to application for assistance under this chapter, the Secretary shall pay not to exceed the smaller of the following sums: (A) 50 percent of the total cost to the individual of the housing unit and the land necessary for such housing unit, or (B) 50 percent of the cost to the individual of the housing unit plus the full amount of the unpaid balance, if any, of the cost to the individual of the land necessary for such housing unit;

(3) where the individual elects to remodel a dwelling which is not adapted to the requirements of such individual's disability, acquired by such individual prior to application for assistance under this chapter, the Secretary shall pay not to exceed (A) the cost to the individual of such remodeling; or (B) 50 percent of the cost to the individual of such remodeling; plus the smaller of the following sums: (i) 50 percent of the cost to the individual of such dwelling and the necessary land upon which it is situated, or (ii) the full amount of the unpaid balance, if any, of the cost to the individual of such dwelling and the necessary land upon which it is situated; and

(4) where the individual has acquired a suitable housing unit, the Secretary shall pay not to exceed the smaller of the following sums: (A) 50 percent of the cost to the individual of such housing unit and the necessary land upon which it is situated, or (B) the full amount of the unpaid balance, if any, of the cost to the individual of such housing unit and the necessary land upon which it is situated.


(b) Except as provided in section 2104(b) of this title, the assistance authorized by section 2101(b) of this title shall be limited to the lesser of—

(1) the actual cost, or, in the case of an individual acquiring a residence already adapted with special features, the fair market value, of the adaptations determined by the Secretary under such section 2101(b) to be reasonably necessary, or

(2) $12,000.


(c) The amount of assistance afforded under subsection (a) for an individual authorized assistance by section 2101(a) of this title shall not be reduced by reason that title to the housing unit, which is vested in the individual, is also vested in any other person, if the individual resides in the housing unit.

(d)(1) The aggregate amount of assistance available to an individual under section 2101(a) of this title shall be limited to $63,780.

(2) The aggregate amount of assistance available to an individual under section 2101(b) of this title shall be limited to $12,756.

(3) No veteran may receive more than three grants of assistance under this chapter.

(e)(1) Effective on October 1 of each year (beginning in 2009), the Secretary shall increase the amounts described in subsection (b)(2) and paragraphs (1) and (2) of subsection (d) in accordance with this subsection.

(2) The increase in amounts under paragraph (1) to take effect on October 1 of a year shall be by an amount of such amounts equal to the percentage by which—

(A) the residential home cost-of-construction index for the preceding calendar year, exceeds

(B) the residential home cost-of-construction index for the year preceding the year described in subparagraph (A).


(3) The Secretary shall establish a residential home cost-of-construction index for the purposes of this subsection. The index shall reflect a uniform, national average change in the cost of residential home construction, determined on a calendar year basis. The Secretary may use an index developed in the private sector that the Secretary determines is appropriate for purposes of this subsection.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1168, §802; Pub. L. 91–22, §2, June 6, 1969, 83 Stat. 32; Pub. L. 91–506, §6, Oct. 23, 1970, 84 Stat. 1113; Pub. L. 92–341, July 10, 1972, 86 Stat. 432; Pub. L. 93–569, §9, Dec. 31, 1974, 88 Stat. 1867; Pub. L. 95–476, title I, §101, Oct. 18, 1978, 92 Stat. 1497; Pub. L. 96–385, title III, §301(b), Oct. 7, 1980, 94 Stat. 1531; Pub. L. 97–66, title V, §502, Oct. 17, 1981, 95 Stat. 1032; Pub. L. 97–295, §4(33), Oct. 12, 1982, 96 Stat. 1307; Pub. L. 98–543, title III, §304(a), Oct. 24, 1984, 98 Stat. 2748; Pub. L. 99–576, title IV, §401(b), Oct. 28, 1986, 100 Stat. 3280; Pub. L. 100–322, title III, §301, May 20, 1988, 102 Stat. 534; renumbered §2102 and amended Pub. L. 102–83, §§4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 105–178, title VIII, §8204(a), June 9, 1998, 112 Stat. 494; Pub. L. 106–419, title III, §321, Nov. 1, 2000, 114 Stat. 1855; Pub. L. 107–103, title IV, §404, Dec. 27, 2001, 115 Stat. 993; Pub. L. 108–183, title IV, §402(a), Dec. 16, 2003, 117 Stat. 2664; Pub. L. 109–233, title I, §101(b), June 15, 2006, 120 Stat. 398; Pub. L. 110–289, div. B, title VI, §§2602(b)(2), 2605(a), July 30, 2008, 122 Stat. 2859, 2861; Pub. L. 112–154, title II, §204(a), Aug. 6, 2012, 126 Stat. 1177.)

Prior Provisions

Prior section 2102, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1223, related to determination of amount of mustering-out payments, prior to repeal by Pub. L. 89–50, §1(a), June 24, 1965, 79 Stat. 173, effective July 1, 1966.

Amendments

2012—Subsec. (d). Pub. L. 112–154 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows:

"(d)(1) The aggregate amount of assistance available to an individual under sections 2101(a) and 2102A of this title shall be limited to $60,000.

"(2) The aggregate amount of assistance available to an individual under sections 2101(b) and 2102A of this title shall be limited to $12,000.

"(3) No veteran may receive more than three grants of assistance under this chapter."

2008—Subsec. (a). Pub. L. 110–289, §2602(b)(2)(A)(i), substituted "individual" for "veteran" wherever appearing.

Subsec. (a)(3). Pub. L. 110–289, §2602(b)(2)(A)(ii), substituted "individual's" for "veteran's".

Subsec. (b)(1). Pub. L. 110–289, §2602(b)(2)(B), substituted "an individual" for "a veteran".

Subsec. (b)(2). Pub. L. 110–289, §2605(a)(1), substituted "$12,000" for "$10,000".

Subsec. (c). Pub. L. 110–289, §2602(b)(2)(C), substituted "an individual" for "a veteran" and substituted "the individual" for "the veteran" in two places.

Subsec. (d). Pub. L. 110–289, §2602(b)(2)(D), substituted "an individual" for "a veteran" in two places.

Subsec. (d)(1). Pub. L. 110–289, §2605(a)(2)(A), substituted "$60,000" for "$50,000".

Subsec. (d)(2). Pub. L. 110–289, §2605(a)(2)(B), substituted "$12,000" for "$10,000".

Subsec. (e). Pub. L. 110–289, §2605(a)(3), added subsec. (e).

2006—Subsec. (a). Pub. L. 109–233, §101(b)(1), in introductory provisions, struck out "shall be limited in the case of any veteran to one housing unit, and necessary land therefor, and" before "shall be afforded" and substituted "veteran—" for "veteran but shall not exceed $50,000 in any one case—".

Subsec. (d). Pub. L. 109–233, §101(b)(2), added subsec. (d).

2003—Subsec. (a). Pub. L. 108–183, §402(a)(1), substituted "$50,000" for "$48,000" in introductory provisions.

Subsec. (b)(2). Pub. L. 108–183, §402(a)(2), substituted "$10,000" for "$9,250".

2001—Subsec. (a). Pub. L. 107–103, §404(1), substituted "$48,000" for "$43,000" in introductory provisions.

Subsec. (b)(2). Pub. L. 107–103, §404(2), substituted "$9,250" for "$8,250".

2000—Subsec. (c). Pub. L. 106–419 added subsec. (c).

1998—Subsec. (a). Pub. L. 105–178, §8204(a)(1), substituted "$43,000" for "$38,000" in introductory provisions.

Subsec. (b)(2). Pub. L. 105–178, §8204(a)(2), substituted "$8,250" for "$6,500".

1991Pub. L. 102–83, §5(a), renumbered section 802 of this title as this section.

Subsec. (a). Pub. L. 102–83, §5(c)(1), substituted "2101(a)" for "801(a)" in introductory provisions.

Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" wherever appearing.

Subsec. (b). Pub. L. 102–83, §5(c)(1), substituted "2104(b)" for "804(b)" and substituted "2101(b)" for "801(b)" in two places.

Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" in par. (1).

1988—Subsec. (a). Pub. L. 100–322, §301(1), substituted "$38,000" for "$35,500".

Subsec. (b)(2). Pub. L. 100–322, §301(2), substituted "$6,500" for "$6,000".

1986—Subsec. (b)(1). Pub. L. 99–576 substituted "cost, or, in the case of a veteran acquiring a residence already adapted with special features, the fair market value," for "cost".

1984—Subsec. (a). Pub. L. 98–543, §304(a)(1), substituted "$35,500" for "$32,500" in provisions before par. (1).

Subsec. (b)(2). Pub. L. 98–543, §304(a)(2), substituted "$6,000" for "$5,000".

1982—Subsec. (a). Pub. L. 97–295 substituted "percent" for "per centum" wherever appearing.

1981—Subsec. (a). Pub. L. 97–66, §502(1), substituted "$32,500" for "$30,000" in provisions preceding par. (1), "such veteran" for "him" in pars. (1), (2), and (3), and "such veteran's" for "his" in par. (3).

Subsec. (b). Pub. L. 97–66, §502(2), substituted "section 804(b)" for "section 804(b)(2)".

1980—Subsec. (a). Pub. L. 96–385, §301(b)(1), (2), designated existing provisions as subsec. (a) and substituted "section 801(a)" for "section 801".

Subsec. (b). Pub. L. 96–385, §301(b)(3), added subsec. (b).

1978Pub. L. 95–476 substituted "$30,000" for "$25,000".

1974Pub. L. 93–569 substituted "$25,000" for "$17,500".

1972Pub. L. 92–341 substituted "$17,500" for "$12,500".

1970—Par. (3). Pub. L. 91–506 inserted provision authorizing Administrator in the case of assistance to disabled veterans for specially adapted housing, where the veteran elects to remodel a dwelling not adapted to his disability, to pay the cost of remodeling as an alternative to the present provisions still set out in this par. which authorize the Administrator to pay the total of 50 percent of the remodeling cost plus 50 percent of the dwelling's cost or the full amount of the unpaid balance of the cost of such dwelling, whichever sum is smaller.

1969Pub. L. 91–22 substituted "$12,500" for "$10,000".

Effective Date of 2012 Amendment

Pub. L. 112–154, title II, §204(b), Aug. 6, 2012, 126 Stat. 1177, provided that: "The amendments made by subsection (a) [amending this section] shall take effect on the date that is one year after the date of the enactment of this Act [Aug. 6, 2012] and shall apply with respect to assistance provided under sections 2101(a), 2101(b), and 2102A of title 38, United States Code, after such date."

Effective Date of 2008 Amendment

Pub. L. 110–289, div. B, title VI, §2605(b), July 30, 2008, 122 Stat. 2861, provided that: "The amendments made by this section [amending this section] shall take effect on July 1, 2008, and shall apply with respect to payments made in accordance with section 2102 of title 38, United States Code, on or after that date."

Effective Date of 2003 Amendment

Pub. L. 108–183, title IV, §402(c), Dec. 16, 2003, 117 Stat. 2664, provided that: "The amendments made by subsections (a) and (b) [amending this section and section 3902 of this title] shall apply with respect to assistance furnished on or after the date of the enactment of this Act [Dec. 16, 2003]."

Effective Date of 1998 Amendment

Pub. L. 105–178, title VIII, §8204(b), June 9, 1998, 112 Stat. 494, provided that: "The amendments made by subsection (a) [amending this section] shall apply with respect to limitations under section 2102 of such title on assistance furnished to a veteran under section 2101 of such title on or after October 1, 1998."

Effective Date of 1988 Amendment

Pub. L. 100–322, title III, §304, May 20, 1988, 102 Stat. 534, provided that: "The amendments made by sections 301, 302, and 303 [amending this section and sections 907 and 1902 [now 2307 and 3902] of this title] shall take effect on April 1, 1988."

Effective Date of 1984 Amendment

Pub. L. 98–543, title III, §304(b), Oct. 24, 1984, 98 Stat. 2748, provided that: "The amendments made by subsection (a) [amending this section] shall take effect on January 1, 1985."

Effective Date of 1981 Amendment

Amendment by Pub. L. 97–66 effective Oct. 17, 1981, see section 701(b)(1) of Pub. L. 97–66, set out as a note under section 1114 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–385 effective Oct. 1, 1980, see section 601(b) of Pub. L. 96–385, set out as a note under section 1114 of this title.

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–476 effective Oct. 1, 1978, see section 108(a) of Pub. L. 95–476, set out as a note under section 3702 of this title.

Effective Date of 1974 Amendment

Amendment by Pub. L. 93–569 effective Dec. 31, 1974, see section 10 of Pub. L. 93–569, set out as a note under section 3702 of this title.

Maintenance of Higher Rates

Pub. L. 112–154, title II, §204(c), Aug. 6, 2012, 126 Stat. 1177, provided that: "The amendment made by subsection (a) [amending this section] shall not be construed to decrease the aggregate amount of assistance available to an individual under the sections described in subsection (b) [set out as an Effective Date of 2012 Amendment note above], as most recently increased by the Secretary pursuant to section 2102(e) of such title [38 U.S.C. 2102(e)]."

§2102A. Assistance for individuals residing temporarily in housing owned by a family member

(a) Provision of Assistance.—In the case of a disabled individual who is described in subsection (a)(2) or (b)(2) of section 2101 of this title and who is residing, but does not intend to permanently reside, in a residence owned by a member of such individual's family, the Secretary may assist the individual in acquiring such adaptations to such residence as are determined by the Secretary to be reasonably necessary because of the individual's disability.

(b) Amount of Assistance.—(1) The assistance authorized under subsection (a) may not exceed—

(A) $28,000, in the case of an individual described in section 2101(a)(2) of this title; or

(B) $5,000, in the case of an individual described in section 2101(b)(2) of this title.


(2) Effective on October 1 of each year (beginning in 2012), the Secretary shall use the same percentage calculated pursuant to section 2102(e) of this title to increase the amounts described in paragraph (1) of this subsection.

(c) Limitation.—The assistance authorized by subsection (a) shall be limited in the case of any individual to one residence.

(d) Regulations.—Assistance under this section shall be provided in accordance with such regulations as the Secretary may prescribe.

(e) Termination.—No assistance may be provided under this section after December 31, 2022.

(Added Pub. L. 109–233, title I, §101(a), June 15, 2006, 120 Stat. 398; amended Pub. L. 110–289, div. B, title VI, §§2602(b)(3), (7)(B), 2604, July 30, 2008, 122 Stat. 2859–2861; Pub. L. 112–37, §14, Oct. 5, 2011, 125 Stat. 397; Pub. L. 112–154, title II, §205(a)–(c), Aug. 6, 2012, 126 Stat. 1178.)

Amendments

2012—Subsec. (b). Pub. L. 112–154, §205(b), redesignated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B) of par. (1), and added par. (2).

Subsec. (b)(1). Pub. L. 112–154, §205(a)(1), substituted "$28,000" for "$14,000".

Subsec. (b)(2). Pub. L. 112–154, §205(a)(2), substituted "$5,000" for "$2,000".

Subsec. (e). Pub. L. 112–154, §205(c), substituted "December 31, 2022" for "December 31, 2012".

2011—Subsec. (e). Pub. L. 112–37 substituted "2012" for "2011".

2008Pub. L. 110–289, §2602(b)(7)(B), amended section catchline generally. Prior to amendment, catchline read as follows: "Assistance for veterans residing temporarily in housing owned by a family member".

Subsec. (a). Pub. L. 110–289, §2602(b)(3)(A), (B), substituted "individual" for "veteran" and "individual's" for "veteran's" in two places each.

Subsec. (b). Pub. L. 110–289, §2602(b)(3)(C), substituted "an individual" for "a veteran" in two places.

Subsec. (c). Pub. L. 110–289, §2602(b)(3)(A), substituted "individual" for "veteran".

Subsec. (e). Pub. L. 110–289, §2604, substituted "after December 31, 2011" for "after the end of the five-year period that begins on the date of the enactment of the Veterans' Housing Opportunity and Benefits Improvement Act of 2006".

Effective Date of 2012 Amendment

Pub. L. 112–154, title II, §205(d), Aug. 6, 2012, 126 Stat. 1178, provided that: "The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Aug. 6, 2012] and shall apply with respect to assistance furnished in accordance with section 2102A of title 38, United States Code, on or after that date."

§2102B. Adaptations to residences of veterans in rehabilitation programs

(a) In General.—Subject to subsections (b) and (c), the Secretary may assist a veteran who is entitled to services and assistance under chapter 31 of this title and is pursuing a rehabilitation program under such chapter in acquiring such adaptations to such veteran's residence as are determined necessary by the Secretary to accomplish the purposes of such rehabilitation program.

(b) Amount.—(1) The aggregate amount of assistance available to a veteran under subsection (a) may not exceed $77,307. The Secretary may waive this limitation for a veteran if the Secretary determines a waiver is necessary for the rehabilitation program of the veteran.

(2) Effective on October 1 of each year (beginning in 2017), the Secretary shall increase the amount described in paragraph (1) by the percentage calculated under section 2102(e)(2) of this title.

(3) Beginning on October 1, 2019, the Secretary shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a biennial report on the use of the waiver authority under paragraph (1).

(c) Regulations.—The Secretary shall prescribe such regulations as may be necessary to carry out this section.

(d) Rehabilitation Program Defined.—In this section, the term "rehabilitation program" has the meaning given such term in section 3101 of this title.

(Added Pub. L. 115–177, §1(a), June 1, 2018, 132 Stat. 1376.)

Regulations

Pub. L. 115–177, §1(b), June 1, 2018, 132 Stat. 1376, provided that: "The Secretary may provide assistance under section 2102B of such title [meaning title 38, United States Code], as added by subsection (a), in advance of regulations by issuing notice specifying the criteria for the application, approval, and oversight processes relating to the provision of assistance under such section."

§2103. Furnishing of plans and specifications

(a) Plans and Specifications.—The Secretary is authorized to furnish to individuals eligible for assistance under this chapter, without cost to the individuals, model plans and specifications of suitable housing units.

(b) Handbook for Design.—The Secretary shall make available to veterans eligible for assistance under this chapter, without cost to the veterans, a handbook containing appropriate designs for specially adapted housing. The Secretary shall update such handbook at least once every six years to take into account any new or unique disabilities, including vision impairments, impairments specific to the upper limbs, and burn injuries.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1168, §803; renumbered §2103 and amended Pub. L. 102–83, §§4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 110–289, div. B, title VI, §2602(b)(4), July 30, 2008, 122 Stat. 2859; Pub. L. 110–389, title V, §503, Oct. 10, 2008, 122 Stat. 4176.)

Prior Provisions

Prior section 2103, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1223, related to payment of mustering-out payments to beneficiaries of deceased members, prior to repeal by Pub. L. 89–50, §1(a), June 24, 1965, 79 Stat. 173, effective July 1, 1966.

Amendments

2008Pub. L. 110–389 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

Pub. L. 110–289 substituted "individuals" for "veterans" in two places.

1991Pub. L. 102–83 renumbered section 803 of this title as this section and substituted "Secretary" for "Administrator".

§2104. Benefits additional to benefits under other laws

(a) Any individual who accepts the benefits of this chapter shall not by reason thereof be denied the benefits of chapter 37 of this title.

(b) An individual eligible for assistance under section 2101(b) of this title shall not by reason of such eligibility be denied benefits for which such individual becomes eligible under section 2101(a) of this title or benefits relating to home health services under section 1717(a)(2) of this title.

(c) The Secretary may not provide assistance to a veteran under this chapter if the Secretary determines such assistance would result in a duplication of benefits under this title to the veteran.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1169, §804; Pub. L. 96–385, title III, §301(c), Oct. 7, 1980, 94 Stat. 1531; renumbered §2104 and amended Pub. L. 102–83, §5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 104–262, title I, §101(e)(2), Oct. 9, 1996, 110 Stat. 3180; Pub. L. 110–289, div. B, title VI, §2602(b)(5), July 30, 2008, 122 Stat. 2859; Pub. L. 115–177, §1(c)(3), June 1, 2018, 132 Stat. 1377.)

Prior Provisions

Prior section 2104, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1223, related to time limitations, prior to repeal by Pub. L. 89–50, §1(a), June 24, 1965, 79 Stat. 173, effective July 1, 1966.

Amendments

2018—Subsec. (a). Pub. L. 115–177, §1(c)(3)(A), struck out "; however, except as provided in subsection (b) of this section, the assistance authorized by section 2101 of this title shall not be available to any individual more than once" before period at end.

Subsec. (b). Pub. L. 115–177, §1(c)(3)(B), struck out "However, no particular type of adaptation, improvement, or structural alteration provided to an individual under section 1717(a)(2) of this title may be provided to such individual under section 2101(b) of this title." at end.

Subsec. (c). Pub. L. 115–177, §1(c)(3)(C), added subsec. (c).

2008—Subsec. (a). Pub. L. 110–289, §2602(b)(5)(A), substituted "individual" for "veteran" in two places.

Subsec. (b). Pub. L. 110–289, §2602(b)(5)(B), substituted "An individual" for "A veteran" and "an individual" for "a veteran" and substituted "such individual" for "such veteran" in two places.

1996—Subsec. (b). Pub. L. 104–275 substituted "section 1717(a)(2)" for "section 1712(a)" in two places.

1991Pub. L. 102–83, §5(a), renumbered section 804 of this title as this section.

Subsec. (a). Pub. L. 102–83, §5(c)(1), substituted "2101" for "801".

Subsec. (b). Pub. L. 102–83, §5(c)(1), substituted "2101(b)" for "801(b)" in two places, "2101(a)" for "801(a)", and "1712(a)" for "612(a)" in two places.

1980Pub. L. 96–385 designated existing provisions as subsec. (a), substituted "except as provided in subsection (b) of this section, the assistance authorized by section 801 of this title" for "the assistance authorized by this chapter", and added subsec. (b).

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–385 effective Oct. 1, 1980, see section 601(b) of Pub. L. 96–385, set out as a note under section 1114 of this title.

§2105. Nonliability of United States

The Government of the United States shall have no liability in connection with any housing unit, or necessary land therefor, or adaptation acquired under the provisions of this chapter.

(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1169, §805; Pub. L. 96–385, title III, §301(d), Oct. 7, 1980, 94 Stat. 1531; renumbered §2105, Pub. L. 102–83, §5(a), Aug. 6, 1991, 105 Stat. 406.)

Prior Provisions

Prior section 2105, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1224, related to administration of mustering-out payments provisions, prior to repeal by Pub. L. 89–50, §1(a), June 24, 1965, 79 Stat. 173, effective July 1, 1966.

Amendments

1991Pub. L. 102–83 renumbered section 805 of this title as this section.

1980Pub. L. 96–385 made the United States not liable for any adaptation in connection with any housing unit.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–385 effective Oct. 1, 1980, see section 601(b) of Pub. L. 96–385, set out as a note under section 1114 of this title.

§2106. Veterans' mortgage life insurance

(a) The Secretary shall insure any individual under 70 years of age who has received assistance under this chapter against the death of the individual except for an individual who—

(1) elects in writing to not receive insurance under this section;

(2) fails to respond in a timely manner to a request from the Secretary for information on which the premium for such insurance can be based; or

(3) receives such assistance under section 2102B of this title.


(b) The amount of insurance provided an individual under this section may not exceed the lesser of $150,000, or after January 1, 2012, $200,000, or the amount of the loan outstanding on the housing unit. The amount of such insurance shall be reduced according to the amortization schedule of the loan and may not at any time exceed the amount of the outstanding loan with interest. If there is no outstanding loan on the housing unit, insurance is not payable under this section. If an eligible individual elects not to be insured under this section, the individual may thereafter be insured under this section, but only upon submission of an application, payment of required premiums, and compliance with such health requirements and other terms and conditions as may be prescribed by the Secretary.

(c) The premiums charged an individual for insurance under this section shall be paid at such time and in such manner as the Secretary prescribes. The rates for such premiums shall be based on such mortality data as the Secretary considers appropriate to cover only the mortality cost of insuring standard lives. In the case of an individual receiving compensation or other cash benefits paid to the individual by the Secretary, the Secretary shall deduct from such compensation or other benefits the premiums charged the individual under this section.

(d)(1) The United States shall bear the costs of insurance under this section to the extent that such costs exceed premiums established by the Secretary. Premiums collected on insurance under this section shall be credited to the "Veterans Insurance and Indemnities" appropriation account, and all disbursements of insurance proceeds under this section shall be made from that account.

(2) There are authorized to be appropriated to the Secretary for such account such amounts as may be necessary to carry out this section.

(e) Any amount of insurance in force under this section on the date of the death of an individual insured under this section shall be paid to the holder of the mortgage loan, for payment of which the insurance was granted, for credit on the loan indebtedness. Any liability of the United States under such insurance shall be satisfied when such payment is made. If the Secretary is the holder of the mortgage loan, the insurance proceeds shall be credited to the loan indebtedness and deposited in the Veterans Housing Benefit Program Fund established by section 3722 of this title.

(f) The Secretary may prescribe such regulations relating to eligibility for insurance under this section, the maximum amount of insurance, the effective date of insurance, the maximum duration of insurance, and other pertinent matters not specifically provided for in this section as the Secretary determines are in the best interest of veterans or the United States.

(g) The amount of the insurance in force at any time shall be the amount necessary to pay the mortgage indebtedness in full, except as otherwise limited by subsection (b) of this section or regulations prescribed by the Secretary under this section.

(h) The Secretary shall issue to each individual insured under this section a certificate setting forth the benefits to which the individual is entitled under the insurance.

(i) Insurance under this section shall terminate upon whichever of the following events first occurs:

(1) Satisfaction of the individual's indebtedness under the loan upon which the insurance is based.

(2) Termination of the individual's ownership of the property securing the loan.

(3) Discontinuance of payment of premiums by the individual.


(j) Termination of life insurance under this section shall not affect the guaranty or insurance of the loan by the Secretary.

(Added Pub. L. 92–95, §1, Aug. 11, 1971, 85 Stat. 320, §806; amended Pub. L. 94–433, title III, §302, Sept. 30, 1976, 90 Stat. 1377; Pub. L. 99–576, title VII, §701(49), Oct. 28, 1986, 100 Stat. 3295; Pub. L. 100–322, title III, §333(a)(1), May 20, 1988, 102 Stat. 537; renumbered §2106 and amended Pub. L. 102–83, §§4(b)(1), (2)(E), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 102–568, title II, §204(a), Oct. 29, 1992, 106 Stat. 4325; Pub. L. 103–446, title XII, §1201(h)(2), Nov. 2, 1994, 108 Stat. 4688; Pub. L. 105–368, title VI, §602(e)(2), Nov. 11, 1998, 112 Stat. 3347; Pub. L. 107–330, title III, §302, Dec. 6, 2002, 116 Stat. 2824; Pub. L. 110–289, div. B, title VI, §2602(b)(6), July 30, 2008, 122 Stat. 2860; Pub. L. 111–275, title IV, §407(a), Oct. 13, 2010, 124 Stat. 2880; Pub. L. 115–177, §1(c)(4), June 1, 2018, 132 Stat. 1377.)

Amendments

2018—Subsec. (a). Pub. L. 115–177 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "The United States shall automatically insure any eligible individual age 69 or younger who is or has been granted assistance in securing a suitable housing unit under this chapter against the death of the individual unless the individual (1) submits to the Secretary in writing the individual's election not to be insured under this section, or (2) fails to respond in a timely manner to a request from the Secretary for information on which the premium for such insurance can be based."

2010—Subsec. (b). Pub. L. 111–275 substituted "$150,000, or after January 1, 2012, $200,000," for "$90,000".

2008—Subsec. (a). Pub. L. 110–289, §2602(b)(6)(A), (F), substituted "any eligible individual" for "any eligible veteran" and "the individual's" for "the veterans' " and substituted "the individual" for "the veteran" in two places.

Subsec. (b). Pub. L. 110–289, §2602(b)(6)(B), (F), (G), substituted "an individual" for "a veteran", "an eligible individual" for "an eligible veteran", and "the individual" for "the veteran".

Subsec. (c). Pub. L. 110–289, §2602(b)(6)(F), (G), substituted "the individual" for "the veteran" and "an individual" for "a veteran" in two places each.

Subsec. (e). Pub. L. 110–289, §2602(b)(6)(C), substituted "an individual" for "an eligible veteran".

Subsec. (h). Pub. L. 110–289, §2602(b)(6)(D), (F), substituted "each individual" for "each veteran" and "the individual" for "the veteran".

Subsec. (i). Pub. L. 110–289, §2602(b)(6)(E), (F), substituted "the individual" for "the veteran" and substituted "the individual's" for "the veteran's" in two places.

2002—Subsec. (a). Pub. L. 107–330, §302(1), inserted "age 69 or younger" after "any eligible veteran".

Subsec. (i)(2) to (4). Pub. L. 107–330, §302(2), redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out former par. (2) which read as follows: "The veteran's seventieth birthday."

1998—Subsec. (e). Pub. L. 105–368 substituted "deposited in the Veterans Housing Benefit Program Fund established by section 3722 of this title" for ", as appropriate, deposited in either the direct loan or loan guaranty revolving fund established by section 3723 or 3724 of this title, respectively".

1994Pub. L. 103–446 substituted "Veterans' mortgage life insurance" for "Veterans' Mortgage Life Insurance" as section catchline.

1992—Subsec. (b). Pub. L. 102–568 struck out "initial" after "The" and substituted "$90,000" for "$40,000".

1991Pub. L. 102–83, §5(a), renumbered section 806 of this title as this section.

Subsecs. (a) to (d). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" wherever appearing.

Subsec. (e). Pub. L. 102–83, §5(c)(1), substituted "3723 or 3724" for "1823 or 1824".

Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator".

Subsecs. (f) to (h), (j). Pub. L. 102–83, §4(b)(1), (2)(E), substituted "Secretary" for "Administrator" wherever appearing.

1988Pub. L. 100–322 amended section generally, substituting provisions relating to veterans' mortgage life insurance for former provisions relating to mortgage protection life insurance.

1986—Subsec. (b). Pub. L. 99–576, §701(49)(A), substituted "the veteran's" for "his".

Subsec. (c). Pub. L. 99–576, §701(49)(B), substituted "the veteran" for "he" before "may thereafter".

Subsec. (d). Pub. L. 99–576, §701(49)(C), substituted "the veteran's" for "he" in last sentence.

Subsec. (g)(2). Pub. L. 99–576, §701(49)(D)(i), substituted "the Administrator" for "he" in two places, "the Administrator's" for "his", and "the Administrator" for "him" in two places.

Subsec. (g)(3). Pub. L. 99–576, §701(49)(D)(ii), substituted "the veteran" for "he".

Subsec. (g)(5). Pub. L. 99–576, §701(49)(D)(iii), substituted "the Administrator" for "him" in two places.

Subsec. (h). Pub. L. 99–576, §701(49)(E), substituted "the Administrator's" for "his" in first sentence and "the veteran's" for "his" in second sentence.

1976—Subsec. (c). Pub. L. 94–433 substituted $40,000 for $30,000.

Effective Date of 2010 Amendment

Pub. L. 111–275, title IV, §407(b), Oct. 13, 2010, 124 Stat. 2880, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2011."

Effective Date of 1998 Amendment

Pub. L. 105–368, title VI, §602(f), Nov. 11, 1998, 112 Stat. 3348, provided that: "This title [enacting sections 3722 and 3771 to 3775 of this title, amending this section and sections 3702, 3703, 3711, 3720, 3727, 3729, 3733 to 3735, and 3763 of this title, repealing sections 3723 to 3725 of this title, and enacting provisions set out as a note under section 3722 of this title] and the amendments made by this title shall take effect on October 1, 1998."

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–568 effective Dec. 1, 1992, see section 205 of Pub. L. 102–568, set out as an Effective Date note under section 1922A of this title.

Effective Date of 1988 Amendment

Pub. L. 100–322, title III, §333(b), May 20, 1988, 102 Stat. 539, provided that: "The amendment made by subsection (a) [amending this section] shall take effect on the first day of the fourth month beginning after the date of the enactment of this Act [May 20, 1988]."

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–433 effective Oct. 1, 1976, see section 406 of Pub. L. 94–433, set out as a note under section 1101 of this title.

Savings Provision; Discontinuance of Contract Program; Definition

Pub. L. 100–322, title III, §333(c)–(e), May 20, 1988, 102 Stat. 539, provided that:

"(c) Savings Provision.—Mortgage protection life insurance granted to any veteran under the former section 806 shall continue in force with the United States as insurer, subject to the terms of subsection (d). Nothing in that subsection shall impair any rights of any veteran or mortgage loan holder under the former section 806 that matured before the effective date specified in subsection (b) [see Effective Date of 1988 Amendment note above].

"(d) Discontinuance of Contract Program.—(1) Effective as of the effective date specified in subsection (b), the Administrator shall discontinue the policy of insurance purchased in accordance with the former section 806.

"(2) All premiums collected or received by the insurer on or after such effective date under a policy purchased under the former section 806 shall be promptly forwarded to the Administrator and shall be credited to the 'Veterans Insurance and Indemnities' appropriation account. Any positive balance of the contingency reserve maintained by the insurer under such policy remaining after all charges have been made shall be payable to the Administrator and shall be deposited by the Administrator in such account, except that such balance may, upon the election of the insurer, be paid by the insurer in equal monthly installments over a period of not more than two years beginning on the date, after such effective date, that the Administrator specifies.

"(e) Former Section 806 Defined.—For the purpose of subsections (c) and (d), the term 'former section 806' means section 806 [this section] of title 38, United States Code, as in effect on the day before the effective date specified in subsection (b)."

§2107. Coordination of administration of benefits

The Secretary shall provide for the coordination of the administration of programs to provide specially adapted housing that are administered by the Under Secretary for Health and such programs that are administered by the Under Secretary for Benefits under this chapter, chapter 17, and chapter 31 of this title.

(Added Pub. L. 109–233, title I, §101(c), June 15, 2006, 120 Stat. 399.)

§2108. Specially adapted housing assistive technology grant program

(a) Authority to Make Grants.—The Secretary shall make grants to encourage the development of new assistive technologies for specially adapted housing.

(b) Application.—A person or entity seeking a grant under this section shall submit to the Secretary an application for the grant in such form and manner as the Secretary shall specify.

(c) Grant Funds.—(1) Each grant awarded under this section shall be in an amount of not more than $200,000 per fiscal year.

(2) For each fiscal year in which the Secretary makes a grant under this section, the Secretary shall make the grant by not later than April 1 of that year.

(d) Use of Funds.—The recipient of a grant under this section shall use the grant to develop assistive technologies for use in specially adapted housing.

(e) Report.—Not later than March 1 of each fiscal year following a fiscal year in which the Secretary makes a grant, the Secretary shall submit to Congress a report containing information related to each grant awarded under this section during the preceding fiscal year, including—

(1) the name of the grant recipient;

(2) the amount of the grant; and

(3) the goal of the grant.


(f) Funding.—From amounts appropriated to the Department for readjustment benefits for each fiscal year for which the Secretary is authorized to make a grant under this section, $1,000,000 shall be available for that fiscal year for the purposes of the program under this section.

(g) Duration.—The authority to make a grant under this section shall begin on October 1, 2011, and shall terminate on September 30, 2020.

(Added Pub. L. 111–275, title II, §203(a), Oct. 13, 2010, 124 Stat. 2874; amended Pub. L. 114–228, title IV, §409, Sept. 29, 2016, 130 Stat. 940; Pub. L. 115–62, title IV, §408, Sept. 29, 2017, 131 Stat. 1164; Pub. L. 115–251, title I, §122, Sept. 29, 2018, 132 Stat. 3169.)

Amendments

2018—Subsec. (g). Pub. L. 115–251 substituted "September 30, 2020" for "September 30, 2018".

2017—Subsec. (g). Pub. L. 115–62 substituted "September 30, 2018" for "September 30, 2017".

2016—Subsec. (g). Pub. L. 114–228 substituted "September 30, 2017" for "September 30, 2016".

§2109. Specially adapted housing destroyed or damaged by natural disasters

(a) In General.—Notwithstanding the provisions of sections 2102 and 2102A of this title, the Secretary may provide assistance to a veteran whose home was previously adapted with assistance of a grant under this chapter in the event the adapted home which was being used and occupied by the veteran was destroyed or substantially damaged in a natural or other disaster, as determined by the Secretary.

(b) Use of Funds.—Subject to subsection (c), assistance provided under subsection (a) shall—

(1) be available to acquire a suitable housing unit with special fixtures or moveable facilities made necessary by the veteran's disability, and necessary land therefor;

(2) be available to a veteran to the same extent as if the veteran had not previously received assistance under this chapter; and

(3) not be deducted from the maximum uses or from the maximum amount of assistance available under this chapter.


(c) Limitations.—The amount of the assistance provided under subsection (a) may not exceed the lesser of—

(1) the reasonable cost, as determined by the Secretary, of repairing or replacing the damaged or destroyed home in excess of the available insurance coverage on such home; or

(2) the maximum amount of assistance to which the veteran would have been entitled under sections 2101(a), 2101(b), and 2102A of this title had the veteran not obtained previous assistance under this chapter.

(Added Pub. L. 112–154, title VII, §701(a)(1), Aug. 6, 2012, 126 Stat. 1202; amended Pub. L. 114–58, title VI, §601(12), Sept. 30, 2015, 129 Stat. 538.)

Amendments

2015—Subsec. (a). Pub. L. 114–58 substituted "provisions of sections" for "provisions of section".

Effective Date

Pub. L. 112–154, title VII, §701(g), Aug. 6, 2012, 126 Stat. 1205, provided that: "The amendments made by this section [enacting this section and amending sections 3108, 3120, 3703, and 3903 of this title] shall take effect on the date that is one year after the date of the enactment of this Act [Aug. 6, 2012]."

Annual Report

Pub. L. 112–154, title VII, §701(f), Aug. 6, 2012, 126 Stat. 1204, provided that:

"(1) In general.—Each year, the Secretary of Veterans Affairs shall submit to Congress a report on the assistance provided or action taken by the Secretary in the last fiscal year pursuant to the authorities added by the amendments made by this section [enacting this section and amending sections 3108, 3120, 3703, and 3903 of this title].

"(2) Elements.—Each report submitted under paragraph (1) shall include the following for the fiscal year covered by the report:

"(A) A description of each natural disaster for which assistance was provided or action was taken as described in paragraph (1).

"(B) The number of cases or individuals, as the case may be, in which or to whom the Secretary provided assistance or took action as described in paragraph (1).

"(C) For each such case or individual, a description of the type or amount of assistance or action taken, as the case may be."