38 U.S.C. § 2102A

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 2102A - Assistance for individuals residing temporarily in housing owned by a family member

(a) PROVISION OF ASSISTANCE.-In the case of a disabled individual who is described in subsection (a)(2) or (b)(2) of section 2101 of this title and who is residing, but does not intend to permanently reside, in a residence owned by a member of such individual's family, the Secretary may assist the individual in acquiring such adaptations to such residence as are determined by the Secretary to be reasonably necessary because of the individual's disability.

(b) AMOUNT OF ASSISTANCE.-

(1) The assistance authorized under subsection (a) may not exceed-

(A) $28,000, in the case of an individual described in section 2101(a)(2) of this title; or

(B) $5,000, in the case of an individual described in section 2101(b)(2) of this title.

(2) Effective on October 1 of each year (beginning in 2012), the Secretary shall use the same percentage calculated pursuant to section 2102(e) of this title to increase the amounts described in paragraph (1) of this subsection.

(c) LIMITATION.-The assistance authorized by subsection (a) shall be limited in the case of any individual to one residence.

(d) REGULATIONS.-Assistance under this section shall be provided in accordance with such regulations as the Secretary may prescribe.

(e) TERMINATION.-No assistance may be provided under this section after September 30, 2025.

38 U.S.C. § 2102A

Added Pub. L. 109-233, title I, §101(a), June 15, 2006, 120 Stat. 398; amended Pub. L. 110-289, div. B, title VI, §§2602(b)(3), (7) (B), 2604, July 30, 2008, 122 Stat. 2859-2861; Pub. L. 112-37, §14, Oct. 5, 2011, 125 Stat. 397; Pub. L. 112-154, title II, §205(a)-(c), Aug. 6, 2012, 126 Stat. 1178; Pub. L. 117-180, div. E, title II, §204, Sept. 30, 2022, 136 Stat. 2137; Pub. L. 118-83, div. B, title III, §321, Sept. 26, 2024, 138 Stat. 1540.

EDITORIAL NOTES

AMENDMENTS2024-Subsec. (e). Pub. L. 118-83 substituted "September 30, 2025" for "December 31, 2024".2022-Subsec. (e). Pub. L. 117-180 substituted "December 31, 2024" for "December 31, 2022". 2012-Subsec. (b). Pub. L. 112-154, §205(b), redesignated existing provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B) of par. (1), and added par. (2). Subsec. (b)(1). Pub. L. 112-154, §205(a)(1), substituted "$28,000" for "$14,000".Subsec. (b)(2). Pub. L. 112-154, §205(a)(2), substituted "$5,000" for "$2,000".Subsec. (e). Pub. L. 112-154, §205(c), substituted "December 31, 2022" for "December 31, 2012".2011-Subsec. (e). Pub. L. 112-37 substituted "2012" for "2011".2008- Pub. L. 110-289, §2602(b)(7)(B), amended section catchline generally. Prior to amendment, catchline read as follows: "Assistance for veterans residing temporarily in housing owned by a family member".Subsec. (a). Pub. L. 110-289, §2602(b)(3)(A), (B), substituted "individual" for "veteran" and "individual's" for "veteran's" in two places each. Subsec. (b). Pub. L. 110-289, §2602(b)(3)(C), substituted "an individual" for "a veteran" in two places.Subsec. (c). Pub. L. 110-289, §2602(b)(3)(A), substituted "individual" for "veteran". Subsec. (e). Pub. L. 110-289, §2604, substituted "after December 31, 2011" for "after the end of the five-year period that begins on the date of the enactment of the Veterans' Housing Opportunity and Benefits Improvement Act of 2006".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2012 AMENDMENT Pub. L. 112-154, title II, §205(d), Aug. 6, 2012, 126 Stat. 1178, provided that: "The amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Aug. 6, 2012] and shall apply with respect to assistance furnished in accordance with section 2102A of title 38, United States Code, on or after that date."