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Code · STATUTE-COMPILATIONS · Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012 · Sec. 701

Sec. 701. ASSISTANCE TO VETERANS AFFECTED BY NATURAL DISASTERS

1,194 words·~5 min read·/statute-compilations/comps-9980/sec-701

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## SEC. 701 ASSISTANCE TO VETERANS AFFECTED BY NATURAL DISASTERS ###
(a)Additional Grants for Disabled Veterans for Specially Adapted Housing ####
(1)In general Chapter 21 is amended by adding at the end the following new section: > > ## “SEC. 2109 Specially adapted housing destroyed or damaged by natural disasters > > **[**[38 U.S.C. 2109](/us/usc/t38/s2109)**]** > > > ### “(a) In General > > Notwithstanding the provisions of section 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.” > . ####
(2)Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2108 the following new item:" “2109. Specially adapted housing destroyed or damaged by natural disasters.” ". ###
(b)Extension of Subsistence Allowance for Veterans Completing Vocational Rehabilitation Program Section 3108(a)(2) is amended— ####
(1)by inserting “(A)” before “In”; and ####
(2)by adding at the end the following new subparagraph: > > ##### “(B) > > In any case in which the Secretary determines that a veteran described in subparagraph
(A)has been displaced as the result of a natural or other disaster while being paid a subsistence allowance under that subparagraph, as determined by the Secretary, the Secretary may extend the payment of a subsistence allowance under such subparagraph for up to an additional two months while the veteran is satisfactorily following a program of employment services described in such subparagraph.” > . ###
(c)Waiver of Limitation on Program of Independent Living Services and Assistance Section 3120(e) is amended— ####
(1)by inserting “(1)” before “Programs”; and ####
(2)by adding at the end the following new paragraph: > > #### “(2) > > The limitation in paragraph
(1)shall not apply in any case in which the Secretary determines that a veteran described in subsection
(b)has been displaced as the result of, or has otherwise been adversely affected in the areas covered by, a natural or other disaster, as determined by the Secretary.” > . ###
(d)Covenants and Liens Created by Public Entities in Response to Disaster-Relief Assistance Paragraph
(3)of section 3703(d) is amended to read as follows: > > #### “(3) > > > #####
(A)> > Any real estate housing loan (other than for repairs, alterations, or improvements) shall be secured by a first lien on the realty. In determining whether a loan is so secured, the Secretary may either disregard or allow for subordination to a superior lien created by a duly recorded covenant running with the realty in favor of either of the following: > > > ###### “(i) > > A public entity that has provided or will provide assistance in response to a major disaster as determined by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ([42 U.S.C. 5121](/us/usc/t42/s5121) et seq.). > > > ###### “(ii) > > A private entity to secure an obligation to such entity for the homeowner’s share of the costs of the management, operation, or maintenance of property, services, or programs within and for the benefit of the development or community in which the veteran’s realty is located, if the Secretary determines that the interests of the veteran borrower and of the Government will not be prejudiced by the operation of such covenant. > > > ##### “(B) > > With respect to any superior lien described in subparagraph
(A)created after June 6, 1969, the Secretary’s determination under clause
(ii)of such subparagraph shall have been made prior to the recordation of the covenant.” > . ###
(e)Automobiles and Other Conveyances for Certain Disabled Veterans and Members of the Armed Forces Section 3903(a) is amended— ####
(1)by striking “No” and inserting “(1) Except as provided in paragraph (2), no”; and ####
(2)by adding at the end the following new paragraph: > > #### “(2) > > The Secretary may provide or assist in providing an eligible person with a second automobile or other conveyance under this chapter if— > > > ##### “(A) > > the Secretary receives satisfactory evidence that the automobile or other conveyance previously purchased with assistance under this chapter was destroyed— > > > ###### “(i) > > as a result of a natural or other disaster, as determined by the Secretary; and > > > ###### “(ii) > > through no fault of the eligible person; and > > > ##### “(B) > > the eligible person does not otherwise receive from a property insurer compensation for the loss.” > . ###
(f)Annual Report **[**[38 U.S.C. 2109 note](/us/usc/t38/s2109)**]** ####
(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. ####
(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. ###
(g)Effective Date **[**[38 U.S.C. 2109 note](/us/usc/t38/s2109)**]** The amendments made by this section shall take effect on the date that is one year after the date of the enactment of this Act.
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Sec. 701
ASSISTANCE TO VETERANS AFFECTED BY NATURAL DISASTERS
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