38 U.S.C. § 2109 — Specially adapted housing destroyed or

Page 605 TITLE 38—VETERANS’ BENEFITS § 2109 for the purposes of the program under this sec- tion. (g) DURATION.—The authority to make a grant under this section shall begin on October 1, 2011, and shall terminate on September 30, 2025. (Added Pub. L. 111–275, title II, § 203(a), Oct. 13, 2010, 124 Stat. 2874; amended Pub. L. 114–228, title IV, § 409, Sept. 29, 2016, 130 Stat. 940; Pub. L. 115–62, title IV, § 408, Sept. 29, 2017, 131 Stat. 1164; Pub. L. 115–251, title I, § 122, Sept. 29, 2018, 132 Stat. 3169; Pub. L. 116–159, div. E, title II, § 5201, Oct. 1, 2020, 134 Stat. 749; Pub. L. 117–180, div. E, title II, § 205, Sept. 30, 2022, 136 Stat. 2138; Pub. L. 118–83, div. B, title III, § 322, Sept. 26, 2024, 138 Stat. 1540.) Editorial Notes AMENDMENTS 2024—Subsec. (g). Pub. L. 118–83 substituted ‘‘Sep- tember 30, 2025’’ for ‘‘September 30, 2024’’. 2022—Subsec. (g). Pub. L. 117–180 substituted ‘‘Sep- tember 30, 2024’’ for ‘‘September 30, 2022’’. 2020—Subsec. (g). Pub. L. 116–159 substituted ‘‘Sep- tember 30, 2022’’ for ‘‘September 30, 2020’’. 2018—Subsec. (g). Pub. L. 115–251 substituted ‘‘Sep- tember 30, 2020’’ for ‘‘September 30, 2018’’. 2017—Subsec. (g). Pub. L. 115–62 substituted ‘‘Sep- tember 30, 2018’’ for ‘‘September 30, 2017’’. 2016—Subsec. (g). Pub. L. 114–228 substituted ‘‘Sep- tember 30, 2017’’ for ‘‘September 30, 2016’’. § 2109. Specially adapted housing destroyed or damaged by natural disasters (a) IN GENERAL.—Notwithstanding the provi- sions of sections 2102 and 2102A of this title, the Secretary may provide assistance to a veteran whose home was previously adapted with assist- ance of a grant under this chapter in the event the adapted home which was being used and oc- cupied by the veteran was destroyed or substan- tially 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 facili- ties made necessary by the veteran’s dis- ability, and necessary land therefor; (2) be available to a veteran to the same ex- tent as if the veteran had not previously re- ceived 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 assist- ance provided under subsection (a) may not ex- ceed the lesser of— (1) the reasonable cost, as determined by the Secretary, of repairing or replacing the dam- aged or destroyed home in excess of the avail- able 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 pre- vious 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 ‘‘provi- sions 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 sec- tions 3108, 3120, 3703, and 3903 of this title] shall take ef- fect 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 Vet- erans 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 para- graph (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 na- tional cemetery or a covered veterans’ cem- etery. 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 vet- eran 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, respec- tively. Pub. L. 102–83, § 4(a)(3), (4), Aug. 6, 1991, 105 Stat. 404, substituted ‘‘Department’’ for ‘‘Veterans’ Administra- tion’’ 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.