Us Code § 2109 - Specially adapted housing destroyed or damaged by natural disasters

Full text of Us Code United States Code § 2109 — Specially adapted housing destroyed or damaged by natural disasters, with citation guidance and answers to common questions.

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

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

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

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

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

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


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

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

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

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


Editorial Notes

Amendments

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


Statutory Notes and Related Subsidiaries

Effective Date

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

Annual Report

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

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

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

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

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

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

CHAPTER 23—BURIAL BENEFITS

Sec.
2301.
Flags.
[2302.
Repealed.]
2303.
Death from non-service-connected disability; plot allowance.
2304.
Claims for reimbursement.
2305.
Persons eligible under prior law.
2306.
Headstones, markers, and burial receptacles.
2307.
Death from service-connected disability.
2308.
Transportation of deceased veteran to a national cemetery or a covered veterans' cemetery.

        

Editorial Notes

Amendments

2021—Pub. L. 116–315, title II, §§2201(d), 2202(c), Jan. 5, 2021, 134 Stat. 4983, 4985, struck out item 2302 "Funeral expenses", added items 2303 and 2308, and struck out former items 2303 "Death in Department facility; plot allowance" and 2308 "Transportation of deceased veteran to a national cemetery".

1996—Pub. L. 104–275, title II, §213(b)(2), Oct. 9, 1996, 110 Stat. 3332, substituted "burial receptacles" for "grave liners" in item 2306.

1991—Pub. L. 102–83, §5(b)(1), Aug. 6, 1991, 105 Stat. 406, renumbered items 901 to 908 as 2301 to 2308, respectively.

Pub. L. 102–83, §4(a)(3), (4), Aug. 6, 1991, 105 Stat. 404, substituted "Department" for "Veterans' Administration" in item 903.

1988—Pub. L. 100–322, title III, §344(b)(2), May 20, 1988, 102 Stat. 540, substituted "Headstones, markers, and grave liners" for "Headstones and markers" in item 906.

1976—Pub. L. 94–433, title III, §304(b), Sept. 30, 1976, 90 Stat. 1377, added item 908.

1973—Pub. L. 93–43, §5(b), June 18, 1973, 87 Stat. 81, inserted "; plot allowance" in item 903 and added items 906 and 907.

About This Section

38 U.S.C. § 2109 is part of Title 38 of the United States Code. The United States Code is the official codification of federal statutes maintained by the Office of the Law Revision Counsel of the U.S. House of Representatives. Congress amends the Code through new public laws, which are eventually incorporated into the relevant title.

This section may be cited in legal writing as 38 U.S.C. § 2109. For the most current official text, including any recent amendments, use the official source links below. Do not rely on this page as the sole authority for legal citation or litigation.

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Sources

Frequently Asked Questions About Us Code § 2109

What does United States Code § 2109 cover?

Section 2109 ("Specially adapted housing destroyed or damaged by natural disasters") is part of the United States Code, the codified statutory law of Us Code. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

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