dreamproit/uscode huggingface dataset:
38 U.S.C. § 2103 (VETERANS’ BENEFITS)
§ 2103. Furnishing of plans and specifications
(a) Plans and Specifications.—
The Secretary is authorized to furnish to individuals eligible for assistance under this chapter, without cost to the individuals, model plans and specifications of suitable housing units.
(b) Handbook for Design.—
The Secretary shall make available to veterans eligible for assistance under this chapter, without cost to the veterans, a handbook containing appropriate designs for specially adapted housing. The Secretary shall update such handbook at least once every six years to take into account any new or unique disabilities, including vision impairments, impairments specific to the upper limbs, and burn injuries.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1168, § 803; renumbered § 2103 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 110–289, div. B, title VI, § 2602(b)(4), July 30, 2008, 122 Stat. 2859; Pub. L. 110–389, title V, § 503, Oct. 10, 2008, 122 Stat. 4176.)
heading: Prior Provisions
text: Prior section 2103, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1223, related to payment of mustering-out payments to beneficiaries of deceased members, prior to repeal by Pub. L. 89–50, § 1(a), June 24, 1965, 79 Stat. 173, effective July 1, 1966.
heading: Amendments
text: 2008—Pub. L. 110–389 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
Pub. L. 110–289 substituted “individuals” for “veterans” in two places.
1991—Pub. L. 102–83 renumbered section 803 of this title as this section and substituted “Secretary” for “Administrator”.
38 U.S.C. § 2104 (VETERANS’ BENEFITS)
§ 2104. Benefits additional to benefits under other laws
(a) Any individual who accepts the benefits of this chapter shall not by reason thereof be denied the benefits of chapter 37 of this title; however, except as provided in subsection (b) of this section, the assistance authorized by section 2101 of this title shall not be available to any individual more than once.
(b) An individual eligible for assistance under section 2101(b) of this title shall not by reason of such eligibility be denied benefits for which such individual becomes eligible under section 2101(a) of this title or benefits relating to home health services under section 1717(a)(2) of this title. However, no particular type of adaptation, improvement, or structural alteration provided to an individual under section 1717(a)(2) of this title may be provided to such individual under section 2101(b) of this title.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1169, § 804; Pub. L. 96–385, title III, § 301(c), Oct. 7, 1980, 94 Stat. 1531; renumbered § 2104 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 104–262, title I, § 101(e)(2), Oct. 9, 1996, 110 Stat. 3180; Pub. L. 110–289, div. B, title VI, § 2602(b)(5), July 30, 2008, 122 Stat. 2859.)
heading: Prior Provisions
text: Prior section 2104, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1223, related to time limitations, prior to repeal by Pub. L. 89–50, § 1(a), June 24, 1965, 79 Stat. 173, effective July 1, 1966.
heading: Amendments
text: 2008—Subsec. (a). Pub. L. 110–289, § 2602(b)(5)(A), substituted “individual” for “veteran” in two places.
Subsec. (b). Pub. L. 110–289, § 2602(b)(5)(B), substituted “An individual” for “A veteran” and “an individual” for “a veteran” and substituted “such individual” for “such veteran” in two places.
1996—Subsec. (b). Pub. L. 104–275 substituted “section 1717(a)(2)” for “section 1712(a)” in two places.
1991—Pub. L. 102–83, § 5(a), renumbered section 804 of this title as this section.
Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “2101” for “801”.
Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “2101(b)” for “801(b)” in two places, “2101(a)” for “801(a)”, and “1712(a)” for “612(a)” in two places.
1980—Pub. L. 96–385 designated existing provisions as subsec. (a), substituted “except as provided in subsection (b) of this section, the assistance authorized by section 801 of this title” for “the assistance authorized by this chapter”, and added subsec. (b).
heading: Effective Date of 1980 Amendment
text: 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.
38 U.S.C. § 2105 (VETERANS’ BENEFITS)
§ 2105. Nonliability of United States
The Government of the United States shall have no liability in connection with any housing unit, or necessary land therefor, or adaptation acquired under the provisions of this chapter.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1169, § 805; Pub. L. 96–385, title III, § 301(d), Oct. 7, 1980, 94 Stat. 1531; renumbered § 2105, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
heading: Prior Provisions
text: Prior section 2105, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1224, related to administration of mustering-out payments provisions, prior to repeal by Pub. L. 89–50, § 1(a), June 24, 1965, 79 Stat. 173, effective July 1, 1966.
heading: Amendments
text: 1991—Pub. L. 102–83 renumbered section 805 of this title as this section.
1980—Pub. L. 96–385 made the United States not liable for any adaptation in connection with any housing unit.
heading: Effective Date of 1980 Amendment
text: 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.
38 U.S.C. § 2107 (VETERANS’ BENEFITS)
§ 2107. Coordination of administration of benefits
The Secretary shall provide for the coordination of the administration of programs to provide specially adapted housing that are administered by the Under Secretary for Health and such programs that are administered by the Under Secretary for Benefits under this chapter, chapter 17, and chapter 31 of this title.
(Added Pub. L. 109–233, title I, § 101(c), June 15, 2006, 120 Stat. 399.)
38 U.S.C. § 2108 (VETERANS’ BENEFITS)
§ 2108. Specially adapted housing assistive technology grant program
(a) Authority to Make Grants.—
The Secretary shall make grants to encourage the development of new assistive technologies for specially adapted housing.
(b) Application.—
A person or entity seeking a grant under this section shall submit to the Secretary an application for the grant in such form and manner as the Secretary shall specify.
(c) Grant Funds.—
(1) Each grant awarded under this section shall be in an amount of not more than $200,000 per fiscal year.
(2) For each fiscal year in which the Secretary makes a grant under this section, the Secretary shall make the grant by not later than April 1 of that year.
(d) Use of Funds.—
The recipient of a grant under this section shall use the grant to develop assistive technologies for use in specially adapted housing.
(e) Report.—
Not later than March 1 of each fiscal year following a fiscal year in which the Secretary makes a grant, the Secretary shall submit to Congress a report containing information related to each grant awarded under this section during the preceding fiscal year, including—
(1) the name of the grant recipient;
(2) the amount of the grant; and
(3) the goal of the grant.
(f) Funding.—
From amounts appropriated to the Department for readjustment benefits for each fiscal year for which the Secretary is authorized to make a grant under this section, $1,000,000 shall be available for that fiscal year for the purposes of the program under this section.
(g) Duration.—
The authority to make a grant under this section shall begin on October 1, 2011, and shall terminate on September 30, 2016.
(Added Pub. L. 111–275, title II, § 203(a), Oct. 13, 2010, 124 Stat. 2874.)
38 U.S.C. § 2109 (VETERANS’ BENEFITS)
§ 2109. Specially adapted housing destroyed or damaged by natural disasters
(a) In General.—
Notwithstanding the provisions of section 1 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.)
heading: Effective Date
text: 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].”
heading: Annual Report
text: 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.”
38 U.S.C. § 2304 (VETERANS’ BENEFITS)
§ 2304. Claims for reimbursement
Applications for payments under section 2302 of this title must be filed within two years after the burial of the veteran. If the burial allowance was not payable at the death of the veteran because of the nature of the veteran’s discharge from the service, but after the veteran’s death the veteran’s discharge has been corrected by competent authority so as to reflect a discharge from the service under conditions other than dishonorable, then the burial allowance may be paid if a claim is filed within two years from the date of correction of the discharge. If a claimant’s application is incomplete at the time it is originally submitted, the Secretary shall notify the applicant of the evidence necessary to complete the application. If such evidence is not received within one year from the date of such notification, no allowance may be paid.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1170, § 904; Pub. L. 88–3, Apr. 2, 1963, 77 Stat. 4; Pub. L. 91–24, § 7, June 11, 1969, 83 Stat. 34; Pub. L. 99–576, title VII, § 701(51), Oct. 28, 1986, 100 Stat. 3295; Pub. L. 101–237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 2304 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
heading: Amendments
text: 1991—Pub. L. 102–83 renumbered section 904 of this title as this section and substituted “2302” for “902”.
1989—Pub. L. 101–237 substituted “Secretary” for “Administrator”.
1986—Pub. L. 99–576 substituted “the veteran’s” for “his” in three places.
1969—Pub. L. 91–24 substituted “two years from the date of correction of the discharge” for “two years from whichever last occurs, the date of correction of the discharge or the date of enactment of this sentence”.
1963—Pub. L. 88–3 authorized payment of a burial allowance in cases where it was not payable at death because of the nature of the veteran’s discharge, where such discharge has been corrected by competent authority to reflect conditions other than dishonorable, and the claim is filed within two years from whichever last occurs, the date of correction of the discharge or the date of enactment of Pub. L. 88–3 [approved Apr. 2, 1963].
38 U.S.C. § 2305 (VETERANS’ BENEFITS)
§ 2305. Persons eligible under prior law
The death of any person who had a status which would, under the laws in effect on December 31, 1957, afford entitlement to the burial benefits and other benefits provided for in this chapter, but who did not meet the service requirements contained in this chapter, shall afford entitlement to such benefits, notwithstanding the failure of such person to meet such service requirements.
(Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1170, § 905; renumbered § 2305, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
heading: Amendments
text: 1991—Pub. L. 102–83 renumbered section 905 of this title as this section.
38 U.S.C. § 2307 (VETERANS’ BENEFITS)
§ 2307. Death from service-connected disability
In any case in which a veteran dies as the result of a service-connected disability or disabilities, the Secretary, upon the request of the survivors of such veteran, shall pay the burial and funeral expenses incurred in connection with the death of the veteran in an amount not exceeding the greater of (1) $2,000, or (2) the amount authorized to be paid under section 8134(a) of title 5 in the case of a Federal employee whose death occurs as the result of an injury sustained in the performance of duty. Funeral and burial benefits provided under this section shall be in lieu of any benefits authorized under sections 2302 and 2303(a)(1) and (b)(2) of this title.
(Added Pub. L. 93–43, § 5(a)(2), June 18, 1973, 87 Stat. 80, § 907; amended Pub. L. 95–479, title III, § 303(c), Oct. 18, 1978, 92 Stat. 1565; Pub. L. 100–322, title III, § 303, May 20, 1988, 102 Stat. 534; Pub. L. 101–237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 2307 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 107–103, title V, § 501(a)(1), Dec. 27, 2001, 115 Stat. 994; Pub. L. 108–183, title V, § 501(b), Dec. 16, 2003, 117 Stat. 2667.)
heading: Amendments
text: 2003—Subsec. (b). Pub. L. 108–183 substituted “and (b)(2)” for “and (b)” in last sentence.
2001—Pub. L. 107–103 substituted “$2,000” for ‘$1,500”.
1991—Pub. L. 102–83 renumbered section 907 of this title as this section and substituted “2302 and 2303(a)(1)” for “902 and 903(a)(1)”.
1989—Pub. L. 101–237 substituted “Secretary” for “Administrator”.
1988—Pub. L. 100–322 substituted “$1,500” for “$1,100”.
1978—Pub. L. 95–479 inserted “the greater of (1) $1,100, or (2)” after “not exceeding”.
heading: Effective Date of 2001 Amendment
text: Pub. L. 107–103, title V, § 501(a)(2), Dec. 27, 2001, 115 Stat. 994, provided that: “The amendment made by paragraph (1) [amending this section] shall apply to deaths occurring on or after September 11, 2001.”
heading: Effective Date of 1988 Amendment
text: Amendment by Pub. L. 100–322 effective Apr. 1, 1988, see section 304 of Pub. L. 100–322, set out as a note under section 2102 of this title.
heading: Effective Date of 1978 Amendment
text: Amendment by Pub. L. 95–479 effective Oct. 1, 1978, see section 401(a) of Pub. L. 95–479, set out as a note under section 1114 of this title.
heading: Effective Date
text: Section effective Sept. 1, 1973, or such earlier date as the President may prescribe and publish in the Federal Register, see section 10(c) of Pub. L. 93–43, set out as a note under section 2306 of this title.
38 U.S.C. § 2401 (VETERANS’ BENEFITS)
§ 2401. Advisory Committee on Cemeteries and Memorials
There shall be appointed by the Secretary an Advisory Committee on Cemeteries and Memorials. The Secretary shall advise and consult with the Committee from time to time with respect to the administration of the cemeteries for which the Secretary is responsible, and with respect to the selection of cemetery sites, the erection of appropriate memorials, and the adequacy of Federal burial benefits. The Committee shall make periodic reports and recommendations to the Secretary and to Congress.
(Added Pub. L. 93–43, § 2(a), June 18, 1973, 87 Stat. 75, § 1001; amended Pub. L. 99–576, title VII, § 701(53), Oct. 28, 1986, 100 Stat. 3295; Pub. L. 101–237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 2401, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
heading: Amendments
text: 1991—Pub. L. 102–83 renumbered section 1001 of this title as this section.
1989—Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing.
1986—Pub. L. 99–576 substituted “the Administrator” for “he” before “is responsible”.
heading: Termination of Advisory Committees
text: Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See section 14 of Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees.
heading: Termination of Reporting Requirements
text: For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a periodic report to Congress on the Advisory Committee on Cemeteries and Memorials is listed on page 145), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
38 U.S.C. § 2405 (VETERANS’ BENEFITS)
§ 2405. Disposition of inactive cemeteries
(a) The Secretary may transfer, with the consent of the agency concerned, any inactive cemetery, burial plot, memorial, or monument within the Secretary’s control to the Department of the Interior for maintenance as a national monument or park, or to any other agency of the Government. Any cemetery transferred to the Department of the Interior shall be administered by the Secretary of the Interior as a part of the National Park System, and funds appropriated to the Secretary of the Interior for such system shall be available for the management and operation of such cemetery.
(b) The Secretary may also transfer and convey all right, title, and interest of the United States in or to any inactive cemetery or burial plot, or portion thereon, to any State, county, municipality, or proper agency thereof, in which or in the vicinity of which such cemetery or burial plot is located, but in the event the grantee shall cease or fail to care for and maintain the cemetery or burial plot or the graves and monuments contained therein in a manner satisfactory to the Secretary, all such right, title, and interest transferred or conveyed by the United States, shall revert to the United States.
(c) If a cemetery not under the control of the National Cemetery Administration has been or is to be discontinued, the Secretary may provide for the removal of remains from that cemetery to any cemetery under the control of such Administration. The Secretary may also provide for the removal of the remains of any veteran from a place of temporary interment, or from an abandoned grave or cemetery, to a national cemetery.
(Added Pub. L. 93–43, § 2(a), June 18, 1973, 87 Stat. 77, § 1005; amended Pub. L. 99–576, title VII, § 701(56), Oct. 28, 1986, 100 Stat. 3295; Pub. L. 101–237, title III, § 313(b)(1), (4), Dec. 18, 1989, 103 Stat. 2077; renumbered § 2405, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 105–368, title IV, § 403(c)(7), Nov. 11, 1998, 112 Stat. 3339.)
heading: Amendments
text: 1998—Subsec. (c). Pub. L. 105–368, in first sentence, substituted “under the control of the National Cemetery Administration” for “within the National Cemetery System” and “under the control of such Administration” for “within such System”.
1991—Pub. L. 102–83 renumbered section 1005 of this title as this section.
1989—Subsec. (a). Pub. L. 101–237, § 313(b)(4), inserted “of the Interior” after “funds appropriated to the Secretary”.
Pub. L. 101–237, § 313(b)(1), substituted “Secretary may transfer” for “Administrator may transfer” and “Secretary’s” for “Administrator’s”.
Subsecs. (b), (c). Pub. L. 101–237, § 313(b)(1), substituted “Secretary” for “Administrator” wherever appearing.
1986—Subsec. (a). Pub. L. 99–576, § 701(56)(A), substituted “the Administrator’s” for “his”.
Subsec. (c). Pub. L. 99–576, § 701(56)(B), substituted “The Administrator” for “He”.
38 U.S.C. § 2406 (VETERANS’ BENEFITS)
§ 2406. Acquisition of lands
As additional lands are needed for national cemeteries, they may be acquired by the Secretary by purchase, gift (including donations from States or political subdivisions thereof), condemnation, transfer from other Federal agencies, exchange, or otherwise, as the Secretary determines to be in the best interest of the United States.
(Added Pub. L. 93–43, § 2(a), June 18, 1973, 87 Stat. 78, § 1006; amended Pub. L. 99–576, title VII, § 701(57), Oct. 28, 1986, 100 Stat. 3295; Pub. L. 101–237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 2406, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 108–454, title VI, § 603, Dec. 10, 2004, 118 Stat. 3624.)
heading: Amendments
text: 2004—Pub. L. 108—454 inserted “exchange,” after “agencies,”.
1991—Pub. L. 102–83 renumbered section 1006 of this title as this section.
1989—Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing.
1986—Pub. L. 99–576 substituted “the Administrator” for “he”.
38 U.S.C. § 2407 (VETERANS’ BENEFITS)
§ 2407. Authority to accept and maintain suitable memorials
Subject to such restrictions as the Secretary may prescribe, the Secretary may accept gifts, devises, or bequests from legitimate societies and organizations or reputable individuals, made in any manner, which are made for the purpose of beautifying national cemeteries, or are determined to be beneficial to such cemetery. The Secretary may make land available for this purpose, and may furnish such care and maintenance as the Secretary deems necessary.
(Added Pub. L. 93–43, § 2(a), June 18, 1973, 87 Stat. 78, § 1007; amended Pub. L. 99–576, title VII, § 701(58), Oct. 28, 1986, 100 Stat. 3296; Pub. L. 101–237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 2407, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
heading: Amendments
text: 1991—Pub. L. 102–83 renumbered section 1007 of this title as this section.
1989—Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing.
1986—Pub. L. 99–576 substituted “the Administrator” for “he” in two places and “The Administrator” for “He”.