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119th Congress

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119th Congress

Title 38 — Veterans’ Benefits

Part II · Chapter 21 — Specially Adapted Housing for Disabled Veterans

§ 2101. Acquisition and adaptation of housing: eligible veterans

Statutory text

(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 , 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 ; 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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 85–857 · 72 Stat. 1105

    Enacted · 38 U.S.C. § 2101

    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1168, § 801

    Source evidence

    Code source credit
    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1168, § 801

  2. Pub. L. 86–239 · 73 Stat. 472

    1. Amended · 38 U.S.C. § 2101

      Pub. L. 86–239 designated existing provisions of first sentence as cl. (1)

    2. Struck · 38 U.S.C. § 2101

      Pub. L. 86–239 struck out “by reason of amputation, ankylosis, progressive muscular dystrophies, or paralysis” after “loss of use”

    3. Added · 38 U.S.C. § 2101

      Pub. L. 86–239 added cl. (2)

    Source evidence

    Code amendment note
    Pub. 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).

  3. Pub. L. 88–401 · 78 Stat. 380

    Struck · 38 U.S.C. § 2101

    Pub. 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

    Source evidence

    Code amendment note
    Pub. 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.

  4. Pub. L. 91–22 § 1 · 83 Stat. 32

    Added · 38 U.S.C. § 2101

    Pub. 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

    Source evidence

    Code amendment note
    Pub. 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.

  5. Veterans Disability Compensation and Survivor Benefits Act of 1977

    Pub. L. 95–117 title IV § 401 · 91 Stat. 1063

    Inserted · 38 U.S.C. § 2101

    Pub. 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

    Source evidence

    Code amendment note
    Pub. 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.

    Enacted provision · exact public law section
    Sec. 401. Clause (3) of section 801 of title 38, United States Code, Veterans eligible for assistance. is amended to read as follows: “(3) due to the loss or loss of use of one lower extremity together with (A) residuals of organic disease or injury, or (B) 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.”.

  6. Veterans’ Disability Compensation and Housing Benefits Amendments of 1980

    Pub. L. 96–385 title III § 301(a) · 94 Stat. 1528

    1. Amended · 38 U.S.C. § 2101

      Pub. L. 96–385 designated existing provisions as subsec. (a)

    2. Added · 38 U.S.C. § 2101

      Pub. L. 96–385 added subsec. (b)

    Source evidence

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

    Enacted provision · exact public law section
    (a) Section 801 is amended by inserting “(a)” before “The 38 USC 801. Administrator” and by adding at the end the following new subsection: “(b) (1) Subject to paragraph (2) of this subsection, the Administrator, Regulations. under regulations which the Administrator shall prescribe, shall assist any veteran (other than a veteran who is eligible for assistance under subsection (a) of this section) who is entitled to compensation under chapter 11 of this title for a permanent and total service-connected 38 USC 301 et seq. disability which— “(A) is due to blindness in both eyes with 5/200 visual acuity or less, or “(B) includes the anatomical loss or loss of use of both hands, in acquiring such adaptations to such veteran’s residence as are determined by the Administrator to be reasonably necessary because of such disability. “(2) Assistance under paragraph (1) of this subsection may be provided only to a veteran who the Administrator determines 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, 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.”.

  7. Pub. L. 99–576 title IV § 401(a) · 100 Stat. 3248

    1. Substituted · 38 U.S.C. § 2101(a)

      Pub. L. 99–576, §§ 701(48), 702(7), substituted “the Administrator” for “he”

    2. Substituted · 38 U.S.C. § 2101(a)

      Pub. L. 99–576, §§ 701(48), 702(7), substituted “veteran who” for “veteran, who”

    3. Struck · 38 U.S.C. § 2101(a)

      Pub. L. 99–576, §§ 701(48), 702(7), struck out “, based on service after April 20, 1898,” after “chapter 11 of this title”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (a) 38 USC 801. In General.— Section 801(b)(1) is amended by inserting before the period the following: “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”.

  8. Pub. L. 99–576 § 401(a) · 100 Stat. 3248

    Inserted · 38 U.S.C. § 2101(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (a) 38 USC 801. In General.— Section 801(b)(1) is amended by inserting before the period the following: “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”.

  9. Pub. L. 102–83 · 105 Stat. 378

    Substituted · 38 U.S.C. § 2101

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

    Source evidence

    Code amendment note
    Pub. L. 102–83 renumbered section 801 of this title as this section and substituted “Secretary” for “Administrator” wherever appearing.

  10. Veterans Benefits Act of 2003

    Pub. L. 108–183 title IV § 401 · 117 Stat. 2651

    Added · 38 U.S.C. § 2101(c)

    Pub. L. 108–183 added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 108–183 added subsec. (c).

    Enacted provision · exact public law section
    SEC. 401. AUTHORIZATION TO PROVIDE ADAPTED HOUSING ASSISTANCE TO CERTAIN DISABLED MEMBERS OF THE ARMED FORCES WHO REMAIN ON ACTIVE DUTY.   Section 2101 is amended by adding at the end the following new subsection: “(c) (1) The Secretary may provide assistance under subsection (a) to a member of the Armed Forces serving on active duty who is suffering from a disability described in paragraph (1), (2), or (3) of that subsection if such disability is the result of an injury incurred or disease contracted in 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 that subsection to veterans eligible for assistance under that subsection and subject to the requirements of the second sentence of that subsection. “(2) The Secretary may provide assistance under subsection (b) to a member of the Armed Forces serving on active duty who is suffering from a disability described in subparagraph (A) or (B) of paragraph (1) of that subsection if such disability is the result of an injury incurred or disease contracted in 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 that subsection to veterans eligible for assistance under that subsection and subject to the requirements of paragraph (2) of that subsection.” .

  11. Veterans Benefits Improvement Act of 2004

    Pub. L. 108–454 title IV § 401 · 118 Stat. 3598

    Amended · 38 U.S.C. § 2101

    Pub. 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

    Source evidence

    Code amendment note
    Pub. 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.

    Enacted provision · exact public law section
    SEC. 401. AUTHORITY TO PROVIDE SPECIALLY ADAPTED HOUSING TO CERTAIN DISABLED VETERANS.    The text of section 2101 is amended to read as follows: “(a) Acquisition of Housing With Special Features.— (1) Subject to paragraph (3), 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 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 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. “(B) 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. “(C) 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. “(D) 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. “(3) The regulations prescribed under subsection (c) 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. “(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 permanent and total service-connected disability that meets either 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. “(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.” .

  12. Veterans’ Housing Opportunity and Benefits Improvement Act of 2006

    Pub. L. 109–233 § 105(a)(3) · 120 Stat. 397

    Substituted · 38 U.S.C. § 2101(a)(3)

    Pub. L. 109–233, § 105(a)(3), substituted “subsection (d)” for “subsection (c)” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 109–233, § 105(a)(3), substituted “subsection (d)” for “subsection (c)” in introductory provisions.

    Enacted provision · exact public law section
    (3) in subsection (a)(3), by striking “subsection (c)” in the matter preceding subparagraph (A) and inserting “subsection (d)”.

  13. Veterans’ Housing Opportunity and Benefits Improvement Act of 2006

    Pub. L. 109–233 § 105(a)(2) · 120 Stat. 397

    Redesignated · 38 U.S.C. § 2101(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)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (2) by inserting after subsection (b) a new subsection (c) consisting of the text of subsection (c) of such section 2101 as in effect immediately before the enactment of such Act, modified— (A) in paragraph (1)— (i) in the first sentence, by striking “paragraph (1), (2), or (3)” and inserting “subparagraph (A), (B), (C), or (D) of paragraph (2)”; and (ii) in the second sentence, by striking “the second sentence” and inserting “paragraph (3)”; and (B) in paragraph (2)— (i) in the first sentence, by striking “paragraph (1)” and inserting “paragraph (2)”; and (ii) in the second sentence, by striking “paragraph (2)” and inserting “paragraph (3)”; and

  14. Veterans’ Housing Opportunity and Benefits Improvement Act of 2006

    Pub. L. 109–233 § 105(a)(2)(A) · 120 Stat. 397

    1. Substituted · 38 U.S.C. § 2101(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)”

    2. Substituted · 38 U.S.C. § 2101(c)(1)

      Pub. L. 109–233, § 105(a)(2)(A), substituted “paragraph (3)” for “the second sentence”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (A) in paragraph (1)— (i) in the first sentence, by striking “paragraph (1), (2), or (3)” and inserting “subparagraph (A), (B), (C), or (D) of paragraph (2)”; and (ii) in the second sentence, by striking “the second sentence” and inserting “paragraph (3)”; and

  15. Veterans’ Housing Opportunity and Benefits Improvement Act of 2006

    Pub. L. 109–233 § 105(a)(2)(B) · 120 Stat. 397

    1. Substituted · 38 U.S.C. § 2101(c)(2)

      Pub. L. 109–233, § 105(a)(2)(B), substituted “paragraph (2)” for “paragraph (1)” in second sentence

    2. Substituted · 38 U.S.C. § 2101(c)(2)

      Pub. L. 109–233, § 105(a)(2)(B), substituted “paragraph (3)” for “paragraph (2)” in second sentence

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (B) in paragraph (2)— (i) in the first sentence, by striking “paragraph (1)” and inserting “paragraph (2)”; and (ii) in the second sentence, by striking “paragraph (2)” and inserting “paragraph (3)”; and

  16. Veterans’ Housing Opportunity and Benefits Improvement Act of 2006

    Pub. L. 109–233 § 105(a)(1) · 120 Stat. 397

    Redesignated · 38 U.S.C. § 2101(d)

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

    Source evidence

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

    Enacted provision · exact public law section
    (1) by redesignating subsection (c) as subsection (d);

  17. Foreclosure Prevention Act of 2008

    Pub. L. 110–289 § 2602(b)(7)(A) · 122 Stat. 2654

    Amended · 38 U.S.C. § 2101

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

    Source evidence

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

    Enacted provision · exact public law section
    (A) The heading of section 2101 of title 38, United States Code, is amended to read as follows: “§ 2101. Acquisition and adaptation of housing: eligible veterans” .

  18. Foreclosure Prevention Act of 2008

    Pub. L. 110–289 § 2603(1) · 122 Stat. 2654

    Added · 38 U.S.C. § 2101(a)(2)(E)

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

    Source evidence

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

    Enacted provision · exact public law section
    (1) in subsection (a)(2), by adding at the end the following new subparagraph: “(E) The disability is due to a severe burn injury (as determined pursuant to regulations prescribed by the Secretary).” ; and

  19. Foreclosure Prevention Act of 2008

    Pub. L. 110–289 § 2603(2)(A) · 122 Stat. 2654

    Substituted · 38 U.S.C. § 2101(b)(2)

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

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 110–289, § 2603(2)(A), substituted “any” for “either” in introductory provisions.

    Enacted provision · exact public law section
    (A) by striking “either” and inserting “any”; and

  20. Foreclosure Prevention Act of 2008

    Pub. L. 110–289 § 2603(2)(B) · 122 Stat. 2654

    Added · 38 U.S.C. § 2101(b)(2)(C)

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

    Source evidence

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

    Enacted provision · exact public law section
    (B) by adding at the end the following new subparagraph: “(C) The disability is due to a severe burn injury (as so determined).” .

  21. Foreclosure Prevention Act of 2008

    Pub. L. 110–289 § 2602(b)(1) · 122 Stat. 2654

    1. Redesignated · 38 U.S.C. § 2101(c); 38 U.S.C. § 2101(d)

      Pub. L. 110–289, § 2602(b)(1), redesignated subsec. (d) as (c)

    2. Struck · 38 U.S.C. § 2101(c); 38 U.S.C. § 2101(d)

      Pub. L. 110–289, § 2602(b)(1), 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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (1) Repeal of superseded authority.— Section 2101 of title 38, United States Code, is amended— (A) by striking subsection (c); and (B) by redesignating subsection (d) as subsection (c).

  22. Andrew Connolly Veterans Housing Act

    Pub. L. 112–154 § 202(c)(1) · 126 Stat. 1165

    Substituted · 38 U.S.C. § 2101(a)(1)

    Pub. L. 112–154, § 202(c)(1), substituted “to paragraphs (3) and (4)” for “to paragraph (3)”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 112–154, § 202(c)(1), substituted “to paragraphs (3) and (4)” for “to paragraph (3)”.

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking “to paragraph (3)” and inserting “to paragraphs (3) and (4)”; and

  23. Andrew Connolly Veterans Housing Act

    Pub. L. 112–154 § 202(a) · 126 Stat. 1165

    Amended · 38 U.S.C. § 2101(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (a) In General.— Paragraph (2) of section 2101(a) is amended to read as follows: “(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.” .

  24. Andrew Connolly Veterans Housing Act

    Pub. L. 112–154 § 202(c)(2) · 126 Stat. 1165

    Added · 38 U.S.C. § 2101(a)(4)

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

    Source evidence

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

    Enacted provision · exact public law section
    (2) by adding at the end the following new paragraph: “(4) 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, 2013.” .

  25. Andrew Connolly Veterans Housing Act

    Pub. L. 112–154 § 203(a) · 126 Stat. 1165

    Amended · 38 U.S.C. § 2101(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:

    Source evidence

    Code amendment note
    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).”

    Enacted provision · exact public law section
    (a) In General.— Paragraph (2) of section 2101(b) is amended to read as follows: “(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).” .

  26. Department of Veterans Affairs Expiring Authorities Act of 2013

    Pub. L. 113–37 § 2(g) · 127 Stat. 523

    1. Amended · 38 U.S.C. § 2101(a)(4)

      Pub. L. 113–37 designated existing provisions as subpar. (A)

    2. Substituted · 38 U.S.C. § 2101(a)(4)

      Pub. L. 113–37 substituted “Except as provided in subparagraph (B), the Secretary’s” for “The Secretary’s”

    3. Substituted · 38 U.S.C. § 2101(a)(4)

      Pub. L. 113–37 substituted “September 30, 2014” for “September 30, 2013”

    4. Added · 38 U.S.C. § 2101(a)(4)

      Pub. L. 113–37 added subpar. (B)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (g) Extension of Temporary Expansion of Eligibility for Specially Adapted Housing Assistance for Certain Veterans With Disabilities Causing Difficulty With Ambulating.— Section 2101(a)(4) of such title is amended— (1) by striking “The Secretary’s” and inserting “(A) Except as provided in subparagraph (B), the Secretary’s”; (2) in subparagraph (A), as designated by paragraph (1), by striking “September 30, 2013” and inserting “September 30, 2014”; and (3) by adding at the end the following new subparagraph: “(B) In fiscal year 2014, the Secretary may not approve more than 30 applications for assistance under paragraph (1) for disabled veterans described in paragraph (2)(A)(ii).” .

  27. Department of Veterans Affairs Expiring Authorities Act of 2014

    Pub. L. 113–175 § 405(1) · 128 Stat. 1901

    Substituted · 38 U.S.C. § 2101(a)(4)(A)

    Pub. L. 113–175, § 405(1), substituted “September 30, 2015” for “September 30, 2014”

    Source evidence

    Code amendment note
    Subsec. (a)(4)(A). Pub. L. 113–175, § 405(1), substituted “September 30, 2015” for “September 30, 2014”.

    Enacted provision · exact public law section
    (1) in subparagraph (A), by striking “September 30, 2014” and inserting “September 30, 2015”; and

  28. Department of Veterans Affairs Expiring Authorities Act of 2014

    Pub. L. 113–175 § 405(2) · 128 Stat. 1901

    Substituted · 38 U.S.C. § 2101(a)(4)(B)

    Pub. L. 113–175, § 405(2), substituted “each of fiscal years 2014 and 2015” for “fiscal year 2014”

    Source evidence

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

    Enacted provision · exact public law section
    (2) in subparagraph (B), by striking “fiscal year 2014” and inserting “each of fiscal years 2014 and 2015”.

  29. Department of Veterans Affairs Expiring Authorities Act of 2015

    Pub. L. 114–58 § 601(10) · 129 Stat. 530

    Changed · 38 U.S.C. § 2101(a)(2)

    Pub. L. 114–58, § 601(10), realigned margins

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 114–58, § 601(10), realigned margins.

    Enacted provision · exact public law section
    (10) in section 2101(a), by moving the margins of paragraph (2), and of the subparagraphs, clauses, and subclauses therein, 2 ems to the left;

  30. Department of Veterans Affairs Expiring Authorities Act of 2015

    Pub. L. 114–58 § 601(11) · 129 Stat. 530

    1. Added · 38 U.S.C. § 2101(a)(2)(B)(ii)

      Pub. L. 114–58, § 601(11), added cl. (ii)

    2. Struck · 38 U.S.C. § 2101(a)(2)(B)(ii)

      Pub. L. 114–58, § 601(11), struck out former cl. (ii) which read as follows: “The disability is due to—

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (11) in section 2101(a)(2)(B) by striking clause (ii) and inserting the following new clause (ii): “(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.” .

  31. Department of Veterans Affairs Expiring Authorities Act of 2015

    Pub. L. 114–58 § 407(1) · 129 Stat. 530

    Substituted · 38 U.S.C. § 2101(a)(4)(A)

    Pub. L. 114–58, § 407(1), substituted “September 30, 2016” for “September 30, 2015”

    Source evidence

    Code amendment note
    Subsec. (a)(4)(A). Pub. L. 114–58, § 407(1), substituted “September 30, 2016” for “September 30, 2015”.

    Enacted provision · exact public law section
    (1) in subparagraph (A), by striking “September 30, 2015” and inserting “September 30, 2016”; and

  32. Department of Veterans Affairs Expiring Authorities Act of 2015

    Pub. L. 114–58 § 407(2) · 129 Stat. 530

    Substituted · 38 U.S.C. § 2101(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (2) in subparagraph (B), by striking “each of fiscal years 2014 and 2015” and inserting “each of fiscal years 2014 through 2016”.

  33. Department of Veterans Affairs Expiring Authorities Act of 2016

    Pub. L. 114–228 § 408(1) · 130 Stat. 935

    Substituted · 38 U.S.C. § 2101(a)(4)(A)

    Pub. L. 114–228, § 408(1), substituted “September 30, 2017” for “September 30, 2016”

    Source evidence

    Code amendment note
    Subsec. (a)(4)(A). Pub. L. 114–228, § 408(1), substituted “September 30, 2017” for “September 30, 2016”.

    Enacted provision · exact public law section
    (1) in subparagraph (A), by striking “September 30, 2016” and inserting “September 30, 2017”; and

  34. Department of Veterans Affairs Expiring Authorities Act of 2016

    Pub. L. 114–228 § 408(2) · 130 Stat. 935

    Substituted · 38 U.S.C. § 2101(a)(4)(B)

    Pub. L. 114–228, § 408(2), substituted “2017” for “2016”

    Source evidence

    Code amendment note
    Subsec. (a)(4)(B). Pub. L. 114–228, § 408(2), substituted “2017” for “2016”.

    Enacted provision · exact public law section
    (2) in subparagraph (B), by striking “2016” and inserting “2017”.

  35. Department of Veterans Affairs Expiring Authorities Act of 2017

    Pub. L. 115–62 § 407(1) · 131 Stat. 1159

    Substituted · 38 U.S.C. § 2101(a)(4)(A)

    Pub. L. 115–62, § 407(1), substituted “September 30, 2018” for “September 30, 2017”

    Source evidence

    Code amendment note
    Subsec. (a)(4)(A). Pub. L. 115–62, § 407(1), substituted “September 30, 2018” for “September 30, 2017”.

    Enacted provision · exact public law section
    (1) in subparagraph (A), by striking “September 30, 2017” and inserting “September 30, 2018”; and

  36. Department of Veterans Affairs Expiring Authorities Act of 2017

    Pub. L. 115–62 § 407(2) · 131 Stat. 1159

    Substituted · 38 U.S.C. § 2101(a)(4)(B)

    Pub. L. 115–62, § 407(2), substituted “2018” for “2017”

    Source evidence

    Code amendment note
    Subsec. (a)(4)(B). Pub. L. 115–62, § 407(2), substituted “2018” for “2017”.

    Enacted provision · exact public law section
    (2) in subparagraph (B), by striking “2017” and inserting “2018”.

  37. Department of Veterans Affairs Expiring Authorities Act of 2018

    Pub. L. 115–251 title I § 121 · 132 Stat. 3166

    1. Substituted · 38 U.S.C. § 2101(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”

    2. Struck · 38 U.S.C. § 2101(a)(4)

      Pub. L. 115–251 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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    SEC. 121. MAKING PERMANENT AUTHORITY FOR TEMPORARY EXPANSION OF ELIGIBILITY FOR SPECIALLY ADAPTED HOUSING ASSISTANCE FOR CERTAIN VETERANS WITH DISABILITIES CAUSING DIFFICULTY AMBULATING.   Section 2101(a)(4) is amended by striking “(A) Except” and all that follows through “(B) In each of fiscal years 2014 through 2018, the Secretary” and inserting “In any fiscal year, the Secretary”.

  38. Ryan Kules and Paul Benne Specially Adaptive Housing Improvement Act of 2019

    Pub. L. 116–154 § 2(1)(A) · 134 Stat. 690

    Struck · 38 U.S.C. § 2101(a)(2)(A)(i)

    Pub. L. 116–154, § 2(1)(A), struck out “permanent and total” before “service-connected disability”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(A)(i). Pub. L. 116–154, § 2(1)(A), struck out “permanent and total” before “service-connected disability”.

    Enacted provision · exact public law section
    (A) in subparagraph (A)(i), by striking “permanent and total”; and

    Effective date note
    Pub. L. 116–154, § 3(f), Aug. 8, 2020, 134 Stat. 691, provided that: “The amendments made by this section [amending this section and section 2102 of this title] shall take effect on October 1, 2020.”

  39. Ryan Kules and Paul Benne Specially Adaptive Housing Improvement Act of 2019

    Pub. L. 116–154 § 2(1)(B)(i) · 134 Stat. 690

    Inserted · 38 U.S.C. § 2101(a)(2)(B)(i)

    Pub. L. 116–154, § 2(1)(B)(i), inserted “permanent and total” before “disability”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B)(i). Pub. L. 116–154, § 2(1)(B)(i), inserted “permanent and total” before “disability”.

    Enacted provision · exact public law section
    (i) in clauses (i), (iii), (iv), and (v), by inserting “permanent and total” before “disability”; and

    Effective date note
    Pub. L. 116–154, § 3(f), Aug. 8, 2020, 134 Stat. 691, provided that: “The amendments made by this section [amending this section and section 2102 of this title] shall take effect on October 1, 2020.”

  40. Ryan Kules and Paul Benne Specially Adaptive Housing Improvement Act of 2019

    Pub. L. 116–154 § 2(1)(B)(ii) · 134 Stat. 690

    1. Inserted · 38 U.S.C. § 2101(a)(2)(B)(ii)

      Pub. L. 116–154, § 2(1)(B)(ii), inserted “permanent” before “disability”

    2. Substituted · 38 U.S.C. § 2101(a)(2)(B)(ii)

      Pub. L. 116–154, § 2(1)(B)(ii), substituted “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.” for “due to—”

    3. Struck · 38 U.S.C. § 2101(a)(2)(B)(ii)

      Pub. L. 116–154, § 2(1)(B)(ii), struck out subcls. (I) and (II) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B)(ii). Pub. L. 116–154, § 2(1)(B)(ii), inserted “permanent” before “disability”, substituted “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.” for “due to—”, and struck out subcls. (I) and (II) which read as follows:

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

    Enacted provision · exact public law section
    (ii) in clause (ii)— (I) by inserting “permanent” before “disability”; (II) by striking “due to—” and inserting “due to blindness in both eyes, having central visual acuity of 20/200 or less in the better eye with the use of a standard correcting lens. For the purposes of this clause, an eye with a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees shall be considered as having a central visual acuity of 20/200 or less.”; and (III) by striking subclauses (I) and (II); and

    Effective date note
    Pub. L. 116–154, § 3(f), Aug. 8, 2020, 134 Stat. 691, provided that: “The amendments made by this section [amending this section and section 2102 of this title] shall take effect on October 1, 2020.”

  41. Ryan Kules and Paul Benne Specially Adaptive Housing Improvement Act of 2019

    Pub. L. 116–154 § 2(1)(B)(i) · 134 Stat. 690

    Inserted · 38 U.S.C. § 2101(a)(2)(B)(iii)(v)

    Pub. L. 116–154, § 2(1)(B)(i), inserted “permanent and total” before “disability”

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B)(iii) to (v). Pub. L. 116–154, § 2(1)(B)(i), inserted “permanent and total” before “disability”.

    Enacted provision · exact public law section
    (i) in clauses (i), (iii), (iv), and (v), by inserting “permanent and total” before “disability”; and

    Effective date note
    Pub. L. 116–154, § 3(f), Aug. 8, 2020, 134 Stat. 691, provided that: “The amendments made by this section [amending this section and section 2102 of this title] shall take effect on October 1, 2020.”

  42. Ryan Kules and Paul Benne Specially Adaptive Housing Improvement Act of 2019

    Pub. L. 116–154 § 3(b) · 134 Stat. 690

    Substituted · 38 U.S.C. § 2101(a)(4)

    Pub. L. 116–154, § 3(b), substituted “120 applications” for “30 applications”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 116–154, § 3(b), substituted “120 applications” for “30 applications”.

    Enacted provision · exact public law section
    (b) Increase in Number of Applications Authorized To Be Approved.— Section 2101(a)(4) of such title is amended by striking “30 applications” and inserting “120 applications”.

    Effective date note
    Pub. L. 116–154, § 3(f), Aug. 8, 2020, 134 Stat. 691, provided that: “The amendments made by this section [amending this section and section 2102 of this title] shall take effect on October 1, 2020.”

  43. Ryan Kules and Paul Benne Specially Adaptive Housing Improvement Act of 2019

    Pub. L. 116–154 § 2(2) · 134 Stat. 690

    1. Redesignated · 38 U.S.C. § 2101(b)(2)

      Pub. L. 116–154, § 2(2), redesignated subpars. (B) and (C) as (A) and (B), respectively

    2. Struck · 38 U.S.C. § 2101(b)(2)

      Pub. L. 116–154, § 2(2), struck out former subpar. (A) which read as follows: “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.”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 116–154, § 2(2), redesignated subpars. (B) and (C) as (A) and (B), respectively, and struck out former subpar. (A) which read as follows: “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.”

    Enacted provision · exact public law section
    (2) in subsection (b)(2)— (A) by striking subparagraph (A); and (B) by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B), respectively.

    Effective date note
    Pub. L. 116–154, § 3(f), Aug. 8, 2020, 134 Stat. 691, provided that: “The amendments made by this section [amending this section and section 2102 of this title] shall take effect on October 1, 2020.”

52 of 59 references resolved to an enrolled provision · 7 partial

Editorial Notes

Prior Provisions

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

Amendments1959–2020 · 19 rounds

2020

Subsec. (a)(2)(A)(i). Pub. L. 116–154, § 2(1)(A), struck out “permanent and total” before “service-connected disability”.

Subsec. (a)(2)(B)(i). Pub. L. 116–154, § 2(1)(B)(i), inserted “permanent and total” before “disability”.

Subsec. (a)(2)(B)(ii). Pub. L. 116–154, § 2(1)(B)(ii), inserted “permanent” before “disability”, substituted “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.” for “due to—”, and struck out subcls. (I) and (II) which read as follows:

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

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

Subsec. (a)(2)(B)(iii) to (v). Pub. L. 116–154, § 2(1)(B)(i), inserted “permanent and total” before “disability”.

Subsec. (a)(4). Pub. L. 116–154, § 3(b), substituted “120 applications” for “30 applications”.

Subsec. (b)(2). Pub. L. 116–154, § 2(2), redesignated subpars. (B) and (C) as (A) and (B), respectively, and struck out former subpar. (A) which read as follows: “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.”

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 .”

2017

Subsec. (a)(4)(A). Pub. L. 115–62, § 407(1), substituted “” for “”.

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 “” for “”.

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 “” for “”.

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 “” for “”.

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 “” for “”, 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).”

2008

Pub. 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).

2004

Pub. 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).

1991

Pub. 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 ,” 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”.

1980

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

1978

Pub. 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.

1969

Pub. 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.

1964

Pub. 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.

1959

Pub. 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).

Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

Pub. L. 116–154, § 3(f), , 134 Stat. 691, provided that: “The amendments made by this section [amending this section and section 2102 of this title] shall take effect on .”

Effective Date of 2013 Amendment

Amendment by Pub. L. 113–37 effective , 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), , 126 Stat. 1177, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on .”

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

Effective Date of 2006 Amendment

Pub. L. 109–233, title I, § 105(b), , 120 Stat. 402, provided that: “The amendments made by subsection (a) [amending this section] shall take effect as of , 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 , 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 , 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, , 128 Stat. 3521, as amended by Pub. L. 114–92, div. A, title X, § 1081(b)(4), , 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 , 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.”

Credits

1958–2020 · 20 acts
  1. 1958Pub. L. 85–857, , 72 Stat. 1168, § 801
  2. 1959Pub. L. 86–239, , 73 Stat. 472
  3. 1964Pub. L. 88–401, , 78 Stat. 380
  4. 1969Pub. L. 91–22, § 1, , 83 Stat. 32
  5. 1977Pub. L. 95–117, title IV, § 401, , 91 Stat. 1065
  6. 1980Pub. L. 96–385, title III, § 301(a), , 94 Stat. 1531
  7. 1986Pub. L. 99–576, title IV, § 401(a), title VII, §§ 701(48), 702(7), , 100 Stat. 3280, 3295, 3302
  8. 1991renumbered § 2101 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), , 105 Stat. 404–406
  9. 2003Pub. L. 108–183, title IV, § 401, , 117 Stat. 2664
  10. 2004Pub. L. 108–454, title IV, § 401, , 118 Stat. 3614
  11. 2006Pub. L. 109–233, title I, § 105(a), , 120 Stat. 402
  12. 2008Pub. L. 110–289, div. B, title VI, §§ 2602(b)(1), (7)(A), 2603, , 122 Stat. 2859, 2860
  13. 2012Pub. L. 112–154, title II, §§ 202(a), (c), 203(a), , 126 Stat. 1176, 1177
  14. 2013Pub. L. 113–37, § 2(g), , 127 Stat. 524
  15. 2014Pub. L. 113–175, title IV, § 405, , 128 Stat. 1905
  16. 2015Pub. L. 114–58, title IV, § 407, title VI, § 601(10), (11), , 129 Stat. 535, 538
  17. 2016Pub. L. 114–228, title IV, § 408, , 130 Stat. 940
  18. 2017Pub. L. 115–62, title IV, § 407, , 131 Stat. 1164
  19. 2018Pub. L. 115–251, title I, § 121, , 132 Stat. 3169
  20. 2020Pub. L. 116–154, §§ 2, 3(b), , 134 Stat. 690, 691.
Show as published

(Pub. L. 85–857, , 72 Stat. 1168, § 801; Pub. L. 86–239, , 73 Stat. 472; Pub. L. 88–401, , 78 Stat. 380; Pub. L. 91–22, § 1, , 83 Stat. 32; Pub. L. 95–117, title IV, § 401, , 91 Stat. 1065; Pub. L. 96–385, title III, § 301(a), , 94 Stat. 1531; Pub. L. 99–576, title IV, § 401(a), title VII, §§ 701(48), 702(7), , 100 Stat. 3280, 3295, 3302; renumbered § 2101 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), , 105 Stat. 404–406; Pub. L. 108–183, title IV, § 401, , 117 Stat. 2664; Pub. L. 108–454, title IV, § 401, , 118 Stat. 3614; Pub. L. 109–233, title I, § 105(a), , 120 Stat. 402; Pub. L. 110–289, div. B, title VI, §§ 2602(b)(1), (7)(A), 2603, , 122 Stat. 2859, 2860; Pub. L. 112–154, title II, §§ 202(a), (c), 203(a), , 126 Stat. 1176, 1177; Pub. L. 113–37, § 2(g), , 127 Stat. 524; Pub. L. 113–175, title IV, § 405, , 128 Stat. 1905; Pub. L. 114–58, title IV, § 407, title VI, § 601(10), (11), , 129 Stat. 535, 538; Pub. L. 114–228, title IV, § 408, , 130 Stat. 940; Pub. L. 115–62, title IV, § 407, , 131 Stat. 1164; Pub. L. 115–251, title I, § 121, , 132 Stat. 3169; Pub. L. 116–154, §§ 2, 3(b), , 134 Stat. 690, 691.)

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