USC Chapter 21

in effect

38 U.S.C. § 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 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 permanent and total 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 permanent 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 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. (iii) The permanent and total 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 permanent and total 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 permanent and total 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 120 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) A permanent and total disability that includes the anatomical loss or loss of use of both hands. (B) 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.

38 U.S.C. § 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, air, or space 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.

38 U.S.C. § 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) $19,733. (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 $98,492. (2) The aggregate amount of assistance available to an individual under section 2101(b) of this title shall be limited to $19,733. (3) Subject to subsection (f), no veteran may receive more than six 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. (f)(1) 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) 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. (g)(1) Whenever the Secretary finds that an overpayment has been made to, or on behalf of, a person described in paragraph (2), the Secretary shall determine—(A) the amounts to recover, if any; and (B) who is liable to the United States for such overpayment. (2) A person described in this paragraph is any of the following:(A) An individual who applied for assistance—(i) under this chapter; or (ii) under chapter 31 of this title who is pursuing a rehabilitation program under such chapter in acquiring adaptations to a residence. (B) An owner or seller of real estate used, or intended to be used, in connection with assistance under this chapter. (C) A builder, contractor, supplier, tradesperson, corporation, trust, partnership, or other person, who provided services or goods relating to assistance under this chapter. (D) An attorney, escrow agent, or financial institution, that receives, or holds in escrow, funds relating to assistance under this chapter. (E) A surviving spouse, heir, assignee, or successor in interest of or to, any person described in this paragraph. (3)(A) Any overpayment referred to in this subsection may be recovered in the same manner as any other debt due the United States. (B) In recovering the overpayment, the Secretary may charge administrative costs, fees, and interest, as appropriate, in a manner similar to the authority under section 5315 of this title. (4)(A) The recovery of any overpayment referred to in this subsection may be waived by the Secretary. (B) Waiver of any such overpayment as to a person described in paragraph (2) shall in no way release any other person described in such paragraph from liability. (5) The Secretary shall waive recovery under this subsection of any overpayment to a person described in paragraph (2)(A), or a dependent or survivor of such person, that arises from administrative error described in paragraph (7)(A). (6) Nothing in this subsection shall be construed as precluding the imposition of any civil or criminal liability under this title or any other law. (7) The Secretary shall prescribe in regulations what constitutes an overpayment for the purposes of this subsection, which, at a minimum, shall include—(A) administrative error that results in an individual receiving assistance to which that individual is not entitled; (B) the failure of any person described in paragraph (2) to—(i) perform or allow to be performed any act relating to assistance under this chapter; or (ii) compensate any party performing services or supplying goods relating to assistance under this chapter; and (C) any disbursement of funds relating to assistance under this chapter, that, in the sole discretion of the Secretary, constitutes a misuse of such assistance. (8) Prior to collecting an overpayment under this subsection, the Secretary shall provide to the person whom the Secretary has determined liable for such overpayment—(A) notice of the finding by the Secretary of such overpayment; (B) a reasonable opportunity for such person to remedy the circumstances that effectuated the overpayment; and (C) a reasonable opportunity for such person to present evidence to the Secretary that an overpayment was not made. (9) For the purposes of section 511 of this title, a decision to collect an overpayment from a person other than a person described in paragraph (2)(A), or a dependent or survivor of such person, may not be treated as a decision that affects the provision of benefits.

38 U.S.C. § 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 September 30, 2026.

38 U.S.C. § 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.

38 U.S.C. § 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.

38 U.S.C. § 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.

38 U.S.C. § 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.

38 U.S.C. § 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.

38 U.S.C. § 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.

38 U.S.C. § 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, 2026.

38 U.S.C. § 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.