38 U.S.C. § 2101 — Acquisition and adaptation of housing: el-

Page 593 TITLE 38—VETERANS’ BENEFITS § 2101 Editorial Notes CODIFICATION Section 404(a) of Pub. L. 118–210, which directed the addition of this section at the end of subtitle VII of this chapter, was executed by adding this section at the end of subchapter VII of this chapter, to reflect the prob- able intent of Congress. CHAPTER 21—SPECIALLY ADAPTED HOUSING FOR DISABLED VETERANS Sec. 2101. Acquisition and adaptation of housing: eligi- ble veterans. 2101A. Eligibility for benefits and assistance: mem- bers of the Armed Forces with service-con- nected disabilities; individuals residing out- side the United States. 2102. Limitations on assistance furnished. 2102A. Assistance for individuals residing tempo- rarily in housing owned by a family mem- ber. 2102B. Adaptations to residences of veterans in reha- bilitation programs. 2103. Furnishing of plans and specifications. 2104. Benefits additional to benefits under other laws. 2105. Nonliability of United States. 2106. Veterans’ mortgage life insurance. 2107. Coordination of administration of benefits. 2108. Specially adapted housing assistive tech- nology grant program. 2109. Specially adapted housing destroyed or dam- aged by natural disasters. Editorial Notes AMENDMENTS 2018—Pub. L. 115–177, § 1(d), June 1, 2018, 132 Stat. 1378, added item 2102B. 2012—Pub. L. 112–154, title VII, § 701(a)(2), Aug. 6, 2012, 126 Stat. 1203, added item 2109. 2010—Pub. L. 111–275, title II, § 203(b), Oct. 13, 2010, 124 Stat. 2874, added item 2108. 2008—Pub. L. 110–289, div. B, title VI, § 2602(b)(8), July 30, 2008, 122 Stat. 2860, substituted ‘‘Acquisition and ad- aptation of housing: eligible veterans’’ for ‘‘Veterans eligible for assistance’’ in item 2101, added item 2101A, and substituted ‘‘individuals’’ for ‘‘veterans’’ in item 2102A. 2006—Pub. L. 109–233, title I, § 101(d), June 15, 2006, 120 Stat. 399, added items 2102A and 2107. 1992—Pub. L. 102–568, title II, § 204(b), Oct. 29, 1992, 106 Stat. 4325, substituted ‘‘Veterans’ ’’ for ‘‘Veteran’s’’ in item 2106. 1991—Pub. L. 102–83, § 5(b)(1), Aug. 6, 1991, 105 Stat. 406, renumbered items 801 to 806 as 2101 to 2106, respec- tively. 1988—Pub. L. 100–322, title III, § 333(a)(2), May 20, 1988, 102 Stat. 539, substituted ‘‘Veteran’s mortgage life in- surance’’ for ‘‘Mortgage Protection Life Insurance’’ in item 806. 1971—Pub. L. 92–95, § 2, Aug. 11, 1971, 85 Stat. 322, added item 806. § 2101. Acquisition and adaptation of housing: el- igible veterans (a) ACQUISITION OF HOUSING WITH SPECIAL FEA- TURES.—(1) Subject to paragraphs (3) and (4), the Secretary may assist a disabled veteran de- scribed in paragraph (2) in acquiring a suitable housing unit with special fixtures or movable fa- cilities made necessary by the nature of the vet- eran’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 dis- ability that meets any of the criteria de- scribed in subparagraph (B); or (ii) served in the Armed Forces on or after September 11, 2001, and is entitled to com- pensation 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 ex- tremities such as to preclude locomotion with- out the aid of braces, crutches, canes, or a wheelchair. (ii) The permanent disability is due to blind- ness 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 ex- tremity together with— (I) residuals of organic disease or injury; or (II) the loss or loss of use of one upper ex- tremity, which so affect the functions of balance or propulsion as to preclude locomotion without the aid of braces, crutches, canes, or a wheel- chair. (iv) The permanent and total disability is due to the loss, or loss of use, of both upper ex- tremities 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 pursu- ant to regulations prescribed by the Sec- retary). (C) The criterion described in this subpara- graph 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 pre- clude ambulating without the aid of braces, crutches, canes, or a wheelchair. (3) The regulations prescribed under sub- section (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 antici- pated 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 assist- Page 594 TITLE 38—VETERANS’ BENEFITS § 2101 ance 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 para- graph (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 Sec- retary to be reasonably necessary for the vet- eran 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 cri- teria: (A) A permanent and total disability that in- cludes 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 pro- vided only to a veteran who the Secretary deter- mines— (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 fam- ily; or (B) if the veteran’s residence is to be con- structed or purchased, will be residing in and reasonably intends to continue residing in a residence owned by such veteran or by a mem- ber of such veteran’s family. (c) REGULATIONS.—Assistance under this sec- tion shall be provided in accordance with such regulations as the Secretary may prescribe. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1168, § 801; Pub. L. 86–239, Sept. 8, 1959, 73 Stat. 472; Pub. L. 88–401, Aug. 4, 1964, 78 Stat. 380; Pub. L. 91–22, § 1, June 6, 1969, 83 Stat. 32; Pub. L. 95–117, title IV, § 401, Oct. 3, 1977, 91 Stat. 1065; Pub. L. 96–385, title III, § 301(a), Oct. 7, 1980, 94 Stat. 1531; Pub. L. 99–576, title IV, § 401(a), title VII, §§ 701(48), 702(7), Oct. 28, 1986, 100 Stat. 3280, 3295, 3302; re- numbered § 2101 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 108–183, title IV, § 401, Dec. 16, 2003, 117 Stat. 2664; Pub. L. 108–454, title IV, § 401, Dec. 10, 2004, 118 Stat. 3614; Pub. L. 109–233, title I, § 105(a), June 15, 2006, 120 Stat. 402; Pub. L. 110–289, div. B, title VI, §§ 2602(b)(1), (7)(A), 2603, July 30, 2008, 122 Stat. 2859, 2860; Pub. L. 112–154, title II, §§ 202(a), (c), 203(a), Aug. 6, 2012, 126 Stat. 1176, 1177; Pub. L. 113–37, § 2(g), Sept. 30, 2013, 127 Stat. 524; Pub. L. 113–175, title IV, § 405, Sept. 26, 2014, 128 Stat. 1905; Pub. L. 114–58, title IV, § 407, title VI, § 601(10), (11), Sept. 30, 2015, 129 Stat. 535, 538; Pub. L. 114–228, title IV, § 408, Sept. 29, 2016, 130 Stat. 940; Pub. L. 115–62, title IV, § 407, Sept. 29, 2017, 131 Stat. 1164; Pub. L. 115–251, title I, § 121, Sept. 29, 2018, 132 Stat. 3169; Pub. L. 116–154, §§ 2, 3(b), Aug. 8, 2020, 134 Stat. 690, 691.) Editorial Notes PRIOR PROVISIONS Prior section 2101, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1222, related to eligibility for mustering-out pay- ments, prior to repeal by Pub. L. 89–50, § 1(a), June 24, 1965, 79 Stat. 173, effective July 1, 1966. AMENDMENTS 2020—Subsec. (a)(2)(A)(i). Pub. L. 116–154, § 2(1)(A), struck out ‘‘permanent and total’’ before ‘‘service-con- nected disability’’. Subsec. (a)(2)(B)(i). Pub. L. 116–154, § 2(1)(B)(i), in- serted ‘‘permanent and total’’ before ‘‘disability’’. Subsec. (a)(2)(B)(ii). Pub. L. 116–154, § 2(1)(B)(ii), in- serted ‘‘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 per- ception, 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 sub- pars. (B) and (C) as (A) and (B), respectively, and struck out former subpar. (A) which read as follows: ‘‘The dis- ability 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 vis- ual 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 fur- nish assistance under paragraph (1) to a disabled vet- eran described in paragraph (2)(A)(ii) shall apply only with respect to applications for such assistance ap- proved by the Secretary on or before September 30, 2018.’’ 2017—Subsec. (a)(4)(A). Pub. L. 115–62, § 407(1), sub- stituted ‘‘September 30, 2018’’ for ‘‘September 30, 2017’’. 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), sub- stituted ‘‘September 30, 2017’’ for ‘‘September 30, 2016’’. 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 per- ception, plus (ii) loss or loss of use of one lower ex- tremity.’’ Subsec. (a)(4)(A). Pub. L. 114–58, § 407(1), substituted ‘‘September 30, 2016’’ for ‘‘September 30, 2015’’. Subsec. (a)(4)(B). Pub. L. 114–58, § 407(2), substituted ‘‘each of fiscal years 2014 through 2016’’ for ‘‘each of fis- cal years 2014 and 2015’’. 2014—Subsec. (a)(4)(A). Pub. L. 113–175, § 405(1), sub- stituted ‘‘September 30, 2015’’ for ‘‘September 30, 2014’’. Subsec. (a)(4)(B). Pub. L. 113–175, § 405(2), substituted ‘‘each of fiscal years 2014 and 2015’’ for ‘‘fiscal year 2014’’. Page 595 TITLE 38—VETERANS’ BENEFITS § 2101 2013—Subsec. (a)(4). Pub. L. 113–37 designated existing provisions as subpar. (A), substituted ‘‘Except as pro- vided in subparagraph (B), the Secretary’s’’ for ‘‘The Secretary’s’’ and ‘‘September 30, 2014’’ for ‘‘September 30, 2013’’, and added subpar. (B). 2012—Subsec. (a)(1). Pub. L. 112–154, § 202(c)(1), sub- stituted ‘‘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 de- scription of disabled veteran whom Secretary may as- sist 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 fol- lows: ‘‘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 sub- par. (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), redesig- nated 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 dis- ability was the result of an injury incurred or disease contracted in or aggravated in the line of duty. See sec- tion 2101A of this title. 2006—Subsec. (a)(3). Pub. L. 109–233, § 105(a)(3), sub- stituted ‘‘subsection (d)’’ for ‘‘subsection (c)’’ in intro- ductory 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 sub- sec. (c) redesignated (d). Subsec. (c)(1). Pub. L. 109–233, § 105(a)(2)(A), sub- stituted ‘‘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), sub- stituted ‘‘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 gen- erally. Prior to amendment, section consisted of sub- secs. (a) and (b) authorizing the Secretary to assist vet- erans entitled to compensation under chapter 11 of this title for permanent and total service-connected dis- ability due to loss or loss of use of lower extremities, blindness, or loss or loss of use of both hands and sub- sec. (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), sub- stituted ‘‘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’’. Subsec. (b)(1). Pub. L. 99–576, § 401(a), inserted at end ‘‘or in acquiring a residence already adapted with spe- cial 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 vet- erans 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 dis- ability 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 ampu- tation, 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), Aug. 8, 2020, 134 Stat. 691, pro- vided that: ‘‘The amendments made by this section [amending this section and section 2102 of this title] shall take effect on October 1, 2020.’’ EFFECTIVE DATE OF 2013 AMENDMENT Amendment by Pub. L. 113–37 effective Oct. 1, 2013, 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), Aug. 6, 2012, 126 Stat. 1177, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall take effect on October 1, 2012.’’ Pub. L. 112–154, title II, § 203(b), Aug. 6, 2012, 126 Stat. 1177, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall take effect on October 1, 2012.’’ EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–233, title I, § 105(b), June 15, 2006, 120 Stat. 402, provided that: ‘‘The amendments made by sub- section (a) [amending this section] shall take effect as of December 10, 2004, 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 Oct. 1, 1980, 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 Oct. 1, 1977, 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, Dec. 19, 2014, 128 Stat. 3521, as amended by Pub. L. 114–92, div. A, title X, § 1081(b)(4), Nov. 25, 2015, 129 Stat. 1001, provided that: ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) DISABLED.—The term ‘disabled’ means an indi- vidual 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’ Page 596 TITLE 38—VETERANS’ BENEFITS § 2101 means features of, or equipment in, a primary resi- dence that help reduce the amount of electricity used to heat, cool, or ventilate such residence, including insulation, weatherstripping, air sealing, heating sys- tem repairs, duct sealing, or other measures. ‘‘(4) LOW-INCOME VETERAN.—The term ‘low-income veteran’ means a veteran whose income does not ex- ceed 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’ in- cludes— ‘‘(i) a spouse, child, grandchild, parent, or sib- ling; ‘‘(ii) a spouse of such a child, grandchild, par- ent, 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 pri- marily 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 organiza- tion 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 organi- zations to rehabilitate and modify the primary resi- dence 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 eligi- ble 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 ex- pended 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 infor- mation required under subparagraph (B), accom- panied 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 initia- tives; ‘‘(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 modifica- tions, energy efficiency improvements, and other similar categories of work; and ‘‘(iv) a plan for working with the Department of Veterans Affairs and veterans service organiza- tions 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 resi- dence of an eligible veteran, and may include— ‘‘(i) installing wheelchair ramps, widening exte- rior and interior doors, reconfigurating and re- equipping bathrooms (which includes installing new fixtures and grab bars), removing doorway thresholds, installing special lighting, adding ad- ditional 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 modifica- tions 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 indi- cates 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 reha- bilitation services provided under the pilot pro- gram, to provide technical, administrative, and training support to an affiliate of a qualified orga- nization receiving a grant under such pilot pro- gram. ‘‘(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 re- siding in a primary residence owned by such veteran or by a member of such veteran’s family. The Sec- retary shall make this determination on the basis of a certification by the veteran or a member of the vet- eran’s family that the veteran intends to continue re- siding 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 re- ceiving a grant under the pilot program shall con- tribute towards the housing modification and reha- bilitation 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 organi- zation may arrange for in-kind contributions. ‘‘(7) LIMITATION COST TO THE VETERANS.—A qualified organization receiving a grant under the pilot pro- gram shall modify or rehabilitate the primary resi- dence of an eligible veteran at no cost to such vet- eran (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 sub- mit to Congress, on an annual basis, a report that provides, with respect to the year for which such report is written— Page 597 TITLE 38—VETERANS’ BENEFITS § 2102 ‘‘(i) the number of eligible veterans provided as- sistance 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 admin- ister 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 pro- gram; ‘‘(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 Sec- retary shall submit to Congress a report that pro- vides such information that the Secretary considers relevant in assessing the pilot program. ‘‘(C) INSPECTOR GENERAL REPORT.—Not later than March 31, 2019, the Inspector General of the Depart- ment of Housing and Urban Development shall sub- mit 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 Sec- retary 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.’’ § 2101A. Eligibility for benefits and assistance: members of the Armed Forces with service- connected disabilities; individuals residing outside the United States (a) MEMBERS WITH SERVICE-CONNECTED DIS- ABILITIES.—(1) The Secretary may provide as- sistance under this chapter to a member of the Armed Forces serving on active duty who is suf- fering from a disability that meets applicable criteria for benefits under this chapter if the disability is incurred or aggravated in line of duty in the active military, naval, air, or space service. Such assistance shall be provided to the same extent as assistance is provided under this chapter to veterans eligible for assistance under this chapter and subject to the same require- ments as veterans under this chapter. (2) For purposes of this chapter, any reference to a veteran or eligible individual shall be treat- ed as a reference to a member of the Armed Forces described in subsection (a) who is simi- larly situated to the veteran or other eligible in- dividual so referred to. (b) BENEFITS AND ASSISTANCE FOR INDIVIDUALS RESIDING OUTSIDE THE UNITED STATES.—(1) Sub- ject to paragraph (2), the Secretary may, at the Secretary’s discretion, provide benefits and as- sistance under this chapter (other than benefits under section 2106 of this title) to any individual otherwise eligible for such benefits and assist- ance who resides outside the United States. (2) The Secretary may provide benefits and as- sistance to an individual under paragraph (1) only if— (A) the country or political subdivision in which the housing or residence involved is or will be located permits the individual to have or acquire a beneficial property interest (as determined by the Secretary) in such housing or residence; and (B) the individual has or will acquire a bene- ficial property interest (as so determined) in such housing or residence. (c) LIMITATION.—Notwithstanding subsections (a) and (b), this section shall not apply to the provision of assistance under section 2102B of this title. (d) REGULATIONS.—Benefits and assistance under this chapter by reason of this section shall be provided in accordance with such regu- lations as the Secretary may prescribe. (Added Pub. L. 110–289, div. B, title VI, § 2602(a), July 30, 2008, 122 Stat. 2858; amended Pub. L. 115–177, § 1(c)(2), June 1, 2018, 132 Stat. 1377; Pub. L. 116–283, div. A, title IX, § 926(a)(34), Jan. 1, 2021, 134 Stat. 3830.) Editorial Notes AMENDMENTS 2021—Subsec. (a)(1). Pub. L. 116–283 substituted ‘‘air, or space service’’ for ‘‘or air service’’. 2018—Subsecs. (c), (d). Pub. L. 115–177 added subsec. (c) and redesignated former subsec. (c) as (d). § 2102. Limitations on assistance furnished (a) The assistance authorized by section 2101(a) of this title shall be afforded under one of the following plans, at the option of the indi- vidual— (1) where the individual elects to construct a housing unit on land to be acquired by such in- dividual, the Secretary shall pay not to exceed 50 percent of the total cost to the individual of (A) the housing unit and (B) the necessary land upon which it is to be situated; (2) where the individual elects to construct a housing unit on land acquired by such indi- vidual prior to application for assistance under this chapter, the Secretary shall pay not to exceed the smaller of the following sums: (A) 50 percent of the total cost to the in- dividual of the housing unit and the land nec- essary for such housing unit, or (B) 50 percent of the cost to the individual of the housing unit plus the full amount of the unpaid bal- ance, if any, of the cost to the individual of the land necessary for such housing unit; (3) where the individual elects to remodel a dwelling which is not adapted to the require- ments of such individual’s disability, acquired by such individual prior to application for as- sistance under this chapter, the Secretary shall pay not to exceed (A) the cost to the in- dividual of such remodeling; or (B) 50 percent