§ 2102. Limitations on assistance furnished

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. 1958

   Pub. L. 85–857 · 72 Stat. 1105

   Enacted · 38 U.S.C. § 2102

   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1168, § 802

   Source evidence

   Code source credit
   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1168, § 802

2. 1969

   Pub. L. 91–22 § 2 · 83 Stat. 32

   Substituted · 38 U.S.C. § 2102

   Pub. L. 91–22 substituted “$12,500” for “$10,000”

   Source evidence

   Code amendment note
   Pub. L. 91–22 substituted “$12,500” for “$10,000”.

   Enacted provision · exact public law section
   Sec. 2. Section 802 of title 38, United States Code, is amended by striking out “$10,000” and inserting in lieu thereof “$12,500”.

3. 1970

   Veterans’ Housing Act of 197

   Pub. L. 91–506 § 6 · 84 Stat. 1108

   Inserted · 38 U.S.C. § 2102(3)

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

   Source evidence

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

   Enacted provision · exact public law section
   Sec. 6. Clause (3) of section 802 of title 38, United States Code, is Assistance, limitation. 72 Stat. 1168. amended to read as follows: “(3) where the veteran elects to remodel a dwelling which, is not adapted to the requirements of his disability, acquired by him prior to application for assistance under this chapter, the Administrator shall pay not to exceed (A) the cost to the veteran of such remodeling; or (B) 50 per centum of the cost to the veteran of such remodeling; plus the smaller of the following sums: (i) 50 per centum of the cost to the veteran 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 veteran of such dwelling and the necessary land upon which it is situated; and”.

4. 1972

   Pub. L. 92–341 · 86 Stat. 432

   Substituted · 38 U.S.C. § 2102

   Pub. L. 92–341 substituted “$17,500” for “$12,500”

   Source evidence

   Code amendment note
   Pub. L. 92–341 substituted “$17,500” for “$12,500”.

5. 1974

   Pub. L. 93–569 § 9 · 88 Stat. 1863

   Substituted · 38 U.S.C. § 2102

   Pub. L. 93–569 substituted “$25,000” for “$17,500”

   Source evidence

   Code amendment note
   Pub. L. 93–569 substituted “$25,000” for “$17,500”.

   Enacted provision · exact public law section
   Sec. 9. Section 802 of title 38, United States Code, is amended by Housing assistance for disabled veterans, limitation. striking out “$17,500” and inserting in lieu thereof “$25,000”.

6. 1978

   Veterans’ Housing Benefits Act of 1978

   Pub. L. 95–476 title I § 101 · 92 Stat. 1497

   Substituted · 38 U.S.C. § 2102

   Pub. L. 95–476 substituted “$30,000” for “$25,000”

   Source evidence

   Code amendment note
   Pub. L. 95–476 substituted “$30,000” for “$25,000”.

   Enacted provision · exact public law section
   Sec. 101. assistance for specially adapted housing for certain disabled veterans Section 802 is amended by striking out “$25,000” and 38 USC 802. inserting in lieu thereof “$30,000”.

7. 1980

   Veterans’ Disability Compensation and Housing Benefits Amendments of 1980

   Pub. L. 96–385 § 301(b)(1) · 94 Stat. 1528

   1. Amended · 38 U.S.C. § 2102(a)

      Pub. L. 96–385, § 301(b)(1), (2), designated existing provisions as subsec. (a)

   2. Substituted · 38 U.S.C. § 2102(a)

      Pub. L. 96–385, § 301(b)(1), (2), substituted “section 801(a)” for “section 801”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 96–385, § 301(b)(1), (2), designated existing provisions as subsec. (a) and substituted “section 801(a)” for “section 801”.

   Enacted provision · exact public law section
   (1) by inserting “(a)” before “The assistance”;

8. 1980

   Veterans’ Disability Compensation and Housing Benefits Amendments of 1980

   Pub. L. 96–385 § 301(b)(3) · 94 Stat. 1528

   Added · 38 U.S.C. § 2102(b)

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

   Source evidence

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

   Enacted provision · exact public law section
   (3) by adding at the end the following new subsection: “(b) Except as provided in section 804(b)(2) of this title, the assistance authorized by section 801(b) of this title shall be limited to the Supra. lesser of— “(1) the actual cost of the adaptations determined by the Administrator under such section 801(b) to be reasonably necessary, or “(2) $5,000.”.

9. 1981

   Veterans’ Disability Compensation, Housing, and Memorial Benefits Amendments of 1981

   Pub. L. 97–66 § 502(1) · 95 Stat. 1026

   1. Substituted · 38 U.S.C. § 2102(a)

      Pub. L. 97–66, § 502(1), substituted “$32,500” for “$30,000” in par. (3)

   2. Substituted · 38 U.S.C. § 2102(a)

      Pub. L. 97–66, § 502(1), substituted “such veteran” for “him” in par. (3)

   3. Substituted · 38 U.S.C. § 2102(a)

      Pub. L. 97–66, § 502(1), substituted “such veteran’s” for “his” in par. (3)

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 97–66, § 502(1), substituted “$32,500” for “$30,000” in provisions preceding par. (1), “such veteran” for “him” in pars. (1), (2), and (3), and “such veteran’s” for “his” in par. (3).

   Enacted provision · exact public law section
   (1) in subsection (a)— (A) by striking out “$30,000” and inserting in lieu thereof “$32,500”; (B) by striking out “him” each place it appears and inserting in lieu thereof “such veteran”; and (C) by striking out “his” in clause (3) and inserting in lieu thereof “such veteran’s”; and

10. 1981

    Veterans’ Disability Compensation, Housing, and Memorial Benefits Amendments of 1981

    Pub. L. 97–66 § 502(2) · 95 Stat. 1026

    Substituted · 38 U.S.C. § 2102(b)

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

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 97–66, § 502(2), substituted “section 804(b)” for “section 804(b)(2)”.

    Enacted provision · exact public law section
    (2) by striking out “section 804(b)(2)” in subsection (b) and inserting in lieu thereof “section 804(b)”.

11. 1982

    Pub. L. 97–295 § 4(33) · 96 Stat. 1287

    Substituted · 38 U.S.C. § 2102(a)

    Pub. L. 97–295 substituted “percent” for “per centum” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 97–295 substituted “percent” for “per centum” wherever appearing.

    Enacted provision · exact public law section
    (33) Section 802(a) is amended by striking out “per centum” 38 USC 802. wherever it appears and substituting “percent”.

12. 1984

    Veterans’ Benefits Improvement Act of 1984

    Pub. L. 98–543 § 304(a)(1) · 98 Stat. 2735

    Substituted · 38 U.S.C. § 2102(a)

    Pub. L. 98–543, § 304(a)(1), substituted “$35,500” for “$32,500” in provisions before par. (1)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 98–543, § 304(a)(1), substituted “$35,500” for “$32,500” in provisions before par. (1).

    Enacted provision · exact public law section
    (1) in subsection (a), by striking out “$32,500” and inserting in lieu thereof “$35,500”; and

13. 1984

    Veterans’ Benefits Improvement Act of 1984

    Pub. L. 98–543 § 304(a)(2) · 98 Stat. 2735

    Substituted · 38 U.S.C. § 2102(b)(2)

    Pub. L. 98–543, § 304(a)(2), substituted “$6,000” for “$5,000”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 98–543, § 304(a)(2), substituted “$6,000” for “$5,000”.

    Enacted provision · exact public law section
    (2) in subsection (b), by striking out “$5,000” and inserting in lieu thereof “$6,000”.

14. 1986

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

    Substituted · 38 U.S.C. § 2102(b)(1)

    Pub. L. 99–576 substituted “cost, or, in the case of a veteran acquiring a residence already adapted with special features, the fair market value,” for “cost”

    Source evidence

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

    Enacted provision · exact public law section
    (b) Conforming Amendment.— Section 802(b)(1) is amended by striking out “cost” and inserting in lieu thereof “cost, or, in the case of a veteran acquiring a residence already adapted with special features, the fair market value,”.

15. 1988

    Veterans

    Pub. L. 100–322 § 301(1) · 102 Stat. 487

    Substituted · 38 U.S.C. § 2102(a)

    Pub. L. 100–322, § 301(1), substituted “$38,000” for “$35,500”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 100–322, § 301(1), substituted “$38,000” for “$35,500”.

    Enacted provision · exact public law section
    (1) in subsection (a), by striking out “$35,500” and inserting in lieu thereof “$38,000”; and

16. 1988

    Veterans

    Pub. L. 100–322 § 301(2) · 102 Stat. 487

    Substituted · 38 U.S.C. § 2102(b)(2)

    Pub. L. 100–322, § 301(2), substituted “$6,500” for “$6,000”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 100–322, § 301(2), substituted “$6,500” for “$6,000”.

    Enacted provision · exact public law section
    (2) in subsection (b), by striking out “$6,000” and inserting in lieu thereof “$6,500”.

17. 1991

    Pub. L. 102–83 § 5(a) · 105 Stat. 378

    Changed · 38 U.S.C. § 2102

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

    Source evidence

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

    Enacted provision · exact public law section
    (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

18. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 2102(a)

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

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “2101(a)” for “801(a)” in introductory provisions.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

19. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 2102(a)

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

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

20. 1991

    Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    1. Substituted · 38 U.S.C. § 2102(b)

       Pub. L. 102–83, § 5(c)(1), substituted “2104(b)” for “804(b)”

    2. Substituted · 38 U.S.C. § 2102(b)

       Pub. L. 102–83, § 5(c)(1), substituted “2101(b)” for “801(b)” in two places

    Source evidence

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

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

21. 1991

    Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 2102(b)

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

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” in par. (1).

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

22. 1998

    Veterans Benefits Act of 1998

    Pub. L. 105–178 § 8204(a)(1) · 112 Stat. 107

    Substituted · 38 U.S.C. § 2102(a)

    Pub. L. 105–178, § 8204(a)(1), substituted “$43,000” for “$38,000” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 105–178, § 8204(a)(1), substituted “$43,000” for “$38,000” in introductory provisions.

    Enacted provision · exact public law section
    (1) in the matter preceding paragraph (1) of subsection(a), by striking “$38,000” and inserting “$43,000”; and

23. 1998

    Veterans Benefits Act of 1998

    Pub. L. 105–178 § 8204(a)(2) · 112 Stat. 107

    Substituted · 38 U.S.C. § 2102(b)(2)

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

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 105–178, § 8204(a)(2), substituted “$8,250” for “$6,500”.

    Enacted provision · exact public law section
    (2) in subsection (b)(2), by striking “$6,500” and inserting “$8,250”.

24. 2000

    Veterans Benefits and Health Care Improvement Act of 2000

    Pub. L. 106–419 title III § 321 · 114 Stat. 1822

    Added · 38 U.S.C. § 2102(c)

    Pub. L. 106–419 added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 106–419 added subsec. (c).

    Enacted provision · exact public law section
    SEC. 321. ELIMINATION OF REDUCTION IN ASSISTANCE FOR SPECIALLY ADAPTED HOUSING FOR DISABLED VETERANS FOR VETERANS HAVING JOINT OWNERSHIP OF HOUSING UNITS. Section 2102 is amended by adding at the end the following new subsection: “(c) The amount of assistance afforded under subsection (a) for a veteran 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 veteran, is also vested in any other person, if the veteran resides in the housing unit.”.

25. 2001

    Veterans Education and Benefits Expansion Act of 2001

    Pub. L. 107–103 § 404(1) · 115 Stat. 976

    Substituted · 38 U.S.C. § 2102(a)

    Pub. L. 107–103, § 404(1), substituted “$48,000” for “$43,000” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 107–103, § 404(1), substituted “$48,000” for “$43,000” in introductory provisions.

    Enacted provision · exact public law section
    (1) in the matter preceding paragraph (1) of subsection (a), by striking “$43,000” and inserting “$48,000”; and

26. 2001

    Veterans Education and Benefits Expansion Act of 2001

    Pub. L. 107–103 § 404(2) · 115 Stat. 976

    Substituted · 38 U.S.C. § 2102(b)(2)

    Pub. L. 107–103, § 404(2), substituted “$9,250” for “$8,250”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 107–103, § 404(2), substituted “$9,250” for “$8,250”.

    Enacted provision · exact public law section
    (2) in subsection (b)(2), by striking “$8,250” and inserting “$9,250”.

27. 2003

    Veterans Benefits Act of 2003

    Pub. L. 108–183 § 402(a)(1) · 117 Stat. 2651

    Substituted · 38 U.S.C. § 2102(a)

    Pub. L. 108–183, § 402(a)(1), substituted “$50,000” for “$48,000” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 108–183, § 402(a)(1), substituted “$50,000” for “$48,000” in introductory provisions.

    Enacted provision · exact public law section
    (1) in the matter preceding paragraph (1) of subsection (a), by striking “$48,000” and inserting “$50,000”; and

28. 2003

    Veterans Benefits Act of 2003

    Pub. L. 108–183 § 402(a)(2) · 117 Stat. 2651

    Substituted · 38 U.S.C. § 2102(b)(2)

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

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 108–183, § 402(a)(2), substituted “$10,000” for “$9,250”.

    Enacted provision · exact public law section
    (2) in subsection (b)(2), by striking “$9,250” and inserting “$10,000”.

29. 2006

    Veterans’ Housing Opportunity and Benefits Improvement Act of 2006

    Pub. L. 109–233 § 101(b)(1) · 120 Stat. 397

    1. Struck · 38 U.S.C. § 2102(a)

       Pub. L. 109–233, § 101(b)(1), in introductory provisions, struck out “shall be limited in the case of any veteran to one housing unit, and necessary land therefor, and” before “shall be afforded”

    2. Substituted · 38 U.S.C. § 2102(a)

       Pub. L. 109–233, § 101(b)(1), in introductory provisions, substituted “veteran—” for “veteran but shall not exceed $50,000 in any one case—”

    Source evidence

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

    Enacted provision · exact public law section
    (1) in the matter in subsection (a) preceding paragraph (1)— (A) by striking “shall be limited in the case of any veteran to one housing unit, and necessary land therefor, and”; and (B) by striking “veteran but shall not exceed $50,000 in any one case—” and inserting “veteran—”; and

30. 2006

    Veterans’ Housing Opportunity and Benefits Improvement Act of 2006

    Pub. L. 109–233 § 101(b)(2) · 120 Stat. 397

    Added · 38 U.S.C. § 2102(d)

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

    Source evidence

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

    Enacted provision · exact public law section
    (2) by adding at the end the following new subsection: “(d) (1) The aggregate amount of assistance available to a veteran under sections 2101(a) and 2102A of this title shall be limited to $50,000. “(2) The aggregate amount of assistance available to a veteran under sections 2101(b) and 2102A of this title shall be limited to $10,000. “(3) No veteran may receive more than three grants of assistance under this chapter.” .

31. 2008

    Foreclosure Prevention Act of 2008

    Pub. L. 110–289 § 2602(b)(2)(A)(i) · 122 Stat. 2654

    Substituted · 38 U.S.C. § 2102(a)

    Pub. L. 110–289, § 2602(b)(2)(A)(i), substituted “individual” for “veteran” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 110–289, § 2602(b)(2)(A)(i), substituted “individual” for “veteran” wherever appearing.

    Enacted provision · exact public law section
    (i) by striking “veteran” each place it appears and inserting “individual”; and

32. 2008

    Foreclosure Prevention Act of 2008

    Pub. L. 110–289 § 2602(b)(2)(A)(ii) · 122 Stat. 2654

    Substituted · 38 U.S.C. § 2102(a)(3)

    Pub. L. 110–289, § 2602(b)(2)(A)(ii), substituted “individual’s” for “veteran’s”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 110–289, § 2602(b)(2)(A)(ii), substituted “individual’s” for “veteran’s”.

    Enacted provision · exact public law section
    (ii) in paragraph (3), by striking “veteran’s” and inserting “individual’s”;

33. 2008

    Foreclosure Prevention Act of 2008

    Pub. L. 110–289 § 2602(b)(2)(B) · 122 Stat. 2654

    Substituted · 38 U.S.C. § 2102(b)(1)

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

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 110–289, § 2602(b)(2)(B), substituted “an individual” for “a veteran”.

    Enacted provision · exact public law section
    (B) in subsection (b)(1), by striking “a veteran” and inserting “an individual”;

34. 2008

    Foreclosure Prevention Act of 2008

    Pub. L. 110–289 § 2605(a)(1) · 122 Stat. 2654

    Substituted · 38 U.S.C. § 2102(b)(2)

    Pub. L. 110–289, § 2605(a)(1), substituted “$12,000” for “$10,000”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 110–289, § 2605(a)(1), substituted “$12,000” for “$10,000”.

    Enacted provision · exact public law section
    (1) in subsection (b)(2), by striking “$10,000” and inserting “$12,000”;

35. 2008

    Foreclosure Prevention Act of 2008

    Pub. L. 110–289 § 2602(b)(2)(C) · 122 Stat. 2654

    1. Substituted · 38 U.S.C. § 2102(c)

       Pub. L. 110–289, § 2602(b)(2)(C), substituted “an individual” for “a veteran”

    2. Substituted · 38 U.S.C. § 2102(c)

       Pub. L. 110–289, § 2602(b)(2)(C), substituted “the individual” for “the veteran” in two places

    Source evidence

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

    Enacted provision · exact public law section
    (C) in subsection (c)— (i) by striking “a veteran” and inserting “an individual”; and (ii) by striking “the veteran” each place it appears and inserting “the individual”; and

36. 2008

    Foreclosure Prevention Act of 2008

    Pub. L. 110–289 § 2602(b)(2)(D) · 122 Stat. 2654

    Substituted · 38 U.S.C. § 2102(d)

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

    Source evidence

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

    Enacted provision · exact public law section
    (D) in subsection (d), by striking “a veteran” each place it appears and inserting “an individual”.

37. 2008

    Foreclosure Prevention Act of 2008

    Pub. L. 110–289 § 2605(a)(2)(A) · 122 Stat. 2654

    Substituted · 38 U.S.C. § 2102(d)(1)

    Pub. L. 110–289, § 2605(a)(2)(A), substituted “$60,000” for “$50,000”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 110–289, § 2605(a)(2)(A), substituted “$60,000” for “$50,000”.

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking “$50,000” and inserting “$60,000”; and

38. 2008

    Foreclosure Prevention Act of 2008

    Pub. L. 110–289 § 2605(a)(2)(B) · 122 Stat. 2654

    Substituted · 38 U.S.C. § 2102(d)(2)

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

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 110–289, § 2605(a)(2)(B), substituted “$12,000” for “$10,000”.

    Enacted provision · exact public law section
    (B) in paragraph (2), by striking “$10,000” and inserting “$12,000”; and

39. 2008

    Foreclosure Prevention Act of 2008

    Pub. L. 110–289 § 2605(a)(3) · 122 Stat. 2654

    Added · 38 U.S.C. § 2102(e)

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

    Source evidence

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

    Enacted provision · exact public law section
    (3) by adding at the end the following new subsection: “(e) (1) Effective Effective date. 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.” .

40. 2012

    Andrew Connolly Veterans Housing Act

    Pub. L. 112–154 title II § 204(a) · 126 Stat. 1165

    Amended · 38 U.S.C. § 2102(d)

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

    Source evidence

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

    “(d)(1) The aggregate amount of assistance available to an individual under sections 2101(a) and 2102A of this title shall be limited to $60,000. “(2) The aggregate amount of assistance available to an individual under sections 2101(b) and 2102A of this title shall be limited to $12,000. “(3) No veteran may receive more than three grants of assistance under this chapter.”

    Enacted provision · exact public law section
    (a) In General.— Subsection (d) of section 2102 is amended to read as follows: “(d) (1) The aggregate amount of assistance available to an individual under section 2101(a) of this title shall be limited to $63,780. “(2) The aggregate amount of assistance available to an individual under section 2101(b) of this title shall be limited to $12,756. “(3) No veteran may receive more than three grants of assistance under this chapter.” .

41. 2020

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

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

    Substituted · 38 U.S.C. § 2102(b)(2)

    Pub. L. 116–154, § 3(c), substituted “$19,733” for “$12,000”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 116–154, § 3(c), substituted “$19,733” for “$12,000”.

    Enacted provision · exact public law section
    (c) Increase in Maximum Amount of Assistance for Adaptation to Veteran’s Residence.— Section 2102(b)(2) of such title is amended by striking “$12,000” and inserting “$19,733”.

    Effective date note
    Amendment by Pub. L. 116–154 effective Oct. 1, 2020, see section 3(f) of Pub. L. 116–154, set out as a note under section 2101 of this title.

42. 2020

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

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

    Substituted · 38 U.S.C. § 2102(d)(1)

    Pub. L. 116–154, § 3(d), substituted “$98,492” for “$63,780”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 116–154, § 3(d), substituted “$98,492” for “$63,780”.

    Enacted provision · exact public law section
    (d) Increase in Aggregate Amount of Assistance for Acquisition of Housing With Special Features.— Section 2102(d)(1) of such title is amended by striking “$63,780” and inserting “$98,492”.

    Effective date note
    Amendment by Pub. L. 116–154 effective Oct. 1, 2020, see section 3(f) of Pub. L. 116–154, set out as a note under section 2101 of this title.

43. 2020

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

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

    Substituted · 38 U.S.C. § 2102(d)(2)

    Pub. L. 116–154, § 3(e), substituted “$19,733” for “$12,756”

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 116–154, § 3(e), substituted “$19,733” for “$12,756”.

    Enacted provision · exact public law section
    (e) Increase in Aggregate Amount of Assistance for Adaptations to Veterans’ Residences.— Section 2102(d)(2) of such title is amended by striking “$12,756” and inserting “$19,733”.

    Effective date note
    Amendment by Pub. L. 116–154 effective Oct. 1, 2020, see section 3(f) of Pub. L. 116–154, set out as a note under section 2101 of this title.

44. 2020

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

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

    1. Substituted · 38 U.S.C. § 2102(d)(3)

       Pub. L. 116–154, § 3(a), substituted “Subject to subsection (f), no veteran” for “No veteran”

    2. Substituted · 38 U.S.C. § 2102(d)(3)

       Pub. L. 116–154, § 3(a), substituted “six” for “three”

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 116–154, § 3(a), substituted “Subject to subsection (f), no veteran” for “No veteran” and “six” for “three”.

    Enacted provision · exact public law section
    (a) Increase of Number of Grants Per Veteran.— Section 2102(d)(3) of such title is amended— (1) by striking “No veteran” and inserting “Subject to subsection (f), no veteran”; and (2) by striking “three” and inserting “six”.

    Effective date note
    Amendment by Pub. L. 116–154 effective Oct. 1, 2020, see section 3(f) of Pub. L. 116–154, set out as a note under section 2101 of this title.

45. 2020

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

    Pub. L. 116–154 § 4 · 134 Stat. 690

    Added · 38 U.S.C. § 2102(f)

    Pub. L. 116–154, § 4, added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 116–154, § 4, added subsec. (f).

    Enacted provision · exact public law section
    SEC. 4. PROVISION OF ADDITIONAL AMOUNTS OF SPECIALLY ADAPTED HOUSING ASSISTANCE FOR CERTAIN VETERANS.   Section 2102 of such title, as amended by section 3, is further amended by adding at the end the following new subsection: “(f) (1) 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.” .

    Effective date note
    Amendment by Pub. L. 116–154 effective Oct. 1, 2020, see section 3(f) of Pub. L. 116–154, set out as a note under section 2101 of this title.

46. 2021

    Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020

    Pub. L. 116–315 title II § 2104 · 134 Stat. 4932

    Added · 38 U.S.C. § 2102(g)

    Pub. L. 116–315 added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 116–315 added subsec. (g).

    Enacted provision · exact public law section
    SEC. 2104. COLLECTION OF OVERPAYMENTS OF SPECIALLY ADAPTED HOUSING ASSISTANCE.   Section 2102 of title 38, United States Code, is amended by adding at the end the following new subsection: “(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.” .

51 of 53 references resolved to an enrolled provision · 2 partial