Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

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59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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title: "38 U.S.C. § 3701"
description: "Definitions"
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title_number: 38
title_name: "VETERANS BENEFITS"
chapter_number: "37"
chapter_name: "HOUSING AND SMALL BUSINESS LOANS"
section: "3701"
citation: "38 U.S.C. § 3701"
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# 38 U.S.C. § 3701 - Definitions
## Text
(a) For the purpose of this chapter, the term “housing loan” means a loan for any of the purposes specified by sections 3710(a) and 3712(a)(1) of this title.
(b) For the purposes of housing loans under this chapter—
(1) The term “World War II” (A) means the period beginning on September 16, 1940, and ending on July 25, 1947, and (B) includes, in the case of any veteran who enlisted or reenlisted in a Regular component of the Armed Forces after October 6, 1945, and before October 7, 1946, the period of the first such enlistment or reenlistment.
(2) The term “veteran” includes the surviving spouse of any veteran (including a person who died in the active military, naval, air, or space service) who died from a service-connected disability, but only if such surviving spouse is not eligible for benefits under this chapter on the basis of the spouses own active duty. The active duty or service in the Selected Reserve of the deceased spouse shall be deemed to have been active duty or service in the Selected Reserve by such surviving spouse for the purposes of this chapter.
(3) The term “veteran” also includes, for purposes of home loans, the spouse of any member of the Armed Forces serving on active duty who is listed, pursuant to section 556 of title 37, United States Code, and regulations issued thereunder, by the Secretary concerned in one or more of the following categories and has been so listed for a total of more than ninety days: (A) missing in action, (B) captured in line of duty by a hostile force, or (C) forcibly detained or interned in line of duty by a foreign government or power. The active duty of the member shall be deemed to have been active duty by such spouse for the purposes of this chapter. The loan eligibility of such spouse under this paragraph shall be limited to one loan guaranteed or made for the acquisition of a home, and entitlement to such loan shall terminate automatically, if not used, upon receipt by such spouse of official notice that the member is no longer listed in one of the categories specified in the first sentence of this paragraph.
(4) The term “veteran” also includes an individual serving on active duty.
(5) (A) The term “veteran” also includes an individual who is not otherwise eligible for the benefits of this chapter and (i) who has completed a total service of at least 6 years in the Selected Reserve and, following the completion of such service, was discharged from service with an honorable discharge, was placed on the retired list, was transferred to the Standby Reserve or an element of the Ready Reserve other than the Selected Reserve after service in the Selected Reserve characterized by the Secretary concerned as honorable service, or continues serving in the Selected Reserve, or (ii) who was discharged or released from the Selected Reserve before completing 6 years of service because of a service-connected disability.
(B) The term “Selected Reserve” means the Selected Reserve of the Ready Reserve of any of the reserve components (including the Army National Guard of the United States and the Air National Guard of the United States) of the Armed Forces, as required to be maintained under section 10143(a) of title 10.
(6) The term “veteran” also includes, for purposes of home loans, the surviving spouse of a veteran who died and who was in receipt of or entitled to receive (or but for the receipt of retired or retirement pay was entitled to receive) compensation at the time of death for a service-connected disability rated totally disabling if—
(A) the disability was continuously rated totally disabling for a period of 10 or more years immediately preceding death;
(B) the disability was continuously rated totally disabling for a period of not less than five years from the date of such veterans discharge or other release from active duty; or
(C) the veteran was a former prisoner of war who died after September 30, 1999, and the disability was continuously rated totally disabling for a period of not less than one year immediately preceding death.
(7) The term “veteran” also includes, for purposes of home loans, an individual who performed full-time National Guard duty (as that term is defined in section 101 of title 10) for a period—
(A) of not less than 90 cumulative days; and
(B) that includes 30 consecutive days.
(c) Benefits shall not be afforded under this chapter to any individual on account of service as a commissioned officer of the National Oceanic and Atmospheric Administration (or predecessor entity), or of the Regular or Reserve Corps 11 See Change of Name note below. of the Public Health Service, unless such service would have qualified such individual for benefits under title III of the Servicemens Readjustment Act of 1944.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1203, § 1801; Pub. L. 91584, § 5(a), Dec. 24, 1970, 84 Stat. 1576; Pub. L. 94324, § 7(1), (2), June 30, 1976, 90 Stat. 721; Pub. L. 9772, title III, § 303(a), Nov. 3, 1981, 95 Stat. 1059; Pub. L. 97295, § 4(62), Oct. 12, 1982, 96 Stat. 1309; Pub. L. 100322, title IV, § 415(c)(1), May 20, 1988, 102 Stat. 551; Pub. L. 101237, title III, § 313(a), Dec. 18, 1989, 103 Stat. 2077; renumbered § 3701 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102547, § 2(a)(1), Oct. 28, 1992, 106 Stat. 3633; Pub. L. 103446, title IX, § 901, Nov. 2, 1994, 108 Stat. 4675; Pub. L. 104106, div. A, title XV, § 1501(e)(2)(B), Feb. 10, 1996, 110 Stat. 501; Pub. L. 112154, title II, § 206(a), Aug. 6, 2012, 126 Stat. 1178; Pub. L. 116283, div. A, title IX, § 926(a)(47), Jan. 1, 2021, 134 Stat. 3830; Pub. L. 116315, title II, § 2101(a), Jan. 5, 2021, 134 Stat. 4981.)
## Notes
Editorial Notes
References in TextThe Servicemens Readjustment Act of 1944, referred to in subsec. (c), is act June 22, 1944, ch. 268, 58 Stat. 284. Title III of the Servicemens Readjustment Act of 1944 was classified generally to subchapter II (§ 694 et seq.) of chapter 11C of former Title 38, Pensions, Bonuses, and Veterans Relief, which was repealed and the provisions thereof reenacted as this chapter by Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1105.
Amendments2021—Subsec. (b)(2). Pub. L. 116283 substituted “air, or space service” for “or air service”. Subsec. (b)(7). Pub. L. 116315 added par. (7). 2012—Subsec. (b)(6). Pub. L. 112154 added par. (6). 1996—Subsec. (b)(5)(B). Pub. L. 104106 substituted “section 10143(a) of title 10” for “section 268(b) of title 10”. 1994—Subsec. (b)(2). Pub. L. 103446, § 901(b), inserted “or service in the Selected Reserve” after “duty” in two places and substituted “deceased spouse shall” for “spouse shall”. Subsec. (b)(5)(A). Pub. L. 103446, § 901(a), inserted “(i)” before “who has” and substituted “, or” and cl. (ii) for the period at end. 1992—Subsec. (b)(5). Pub. L. 102547 added par. (5). 1991—Pub. L. 10283, § 5(a), renumbered section 1801 of this title as this section. Subsec. (a). Pub. L. 10283, § 5(c)(1), substituted “3710(a) and 3712(a)(1)” for “1810(a) and 1812(a)(1)”. 1989—Subsec. (b)(4). Pub. L. 101237 added par. (4). 1988—Subsec. (a). Pub. L. 100322 substituted “1812(a)(1)” for “1819(a)(1)”. 1982—Subsec. (b)(3). Pub. L. 97295 substituted “member shall be deemed” for “spouse shall be deemed”, and “member is no longer listed” for “spouse is no longer listed”. 1981—Subsec. (a). Pub. L. 9772, § 303(a)(2), added subsec. (a). Former subsec. (a) redesignated (b). Subsec. (b). Pub. L. 9772, § 303(a)(1), (3), redesignated subsec. (a) as (b) and substituted “For the purposes of housing loans under this chapter” for “For the purposes of this chapter”. Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 9772, § 303(a)(1), (4), redesignated subsec. (b) as (c) and substituted “National Oceanic and Atmospheric Administration (or predecessor entity)” for “Coast and Geodetic Survey”. 1976—Subsec. (a)(2). Pub. L. 94324, § 7(1), substituted “surviving spouse”, “the spouses own”, and “the spouse” for “widow”, “her own”, and “her husband”, respectively, wherever appearing. Subsec. (a)(3). Pub. L. 94324, § 7(2), substituted “spouse” and “the spouse” for “wife” and “her husband”, respectively, wherever appearing. 1970—Subsec. (a)(3). Pub. L. 91584 added par. (3).
Statutory Notes and Related Subsidiaries
Change of Name Reference to Reserve Corps of the Public Health Service deemed to be a reference to the Ready Reserve Corps, see section 204(c)(3) of Title 42, The Public Health and Welfare.
Effective Date of 2021 AmendmentPub. L. 116315, title II, § 2101(c), Jan. 5, 2021, 134 Stat. 4981, provided that: “The amendments made by this section [amending this section and section 3702 of this title] shall apply with respect to full-time National Guard duty (as defined in section 101 of title 10, United States Code) performed before, on, or after the date of the enactment of this Act [Jan. 5, 2021].”
Effective Date of 2012 AmendmentPub. L. 112154, title II, § 206(b), Aug. 6, 2012, 126 Stat. 1178, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to a loan guaranteed after the date of the enactment of this Act [Aug. 6, 2012].”
Effective Date of 1996 AmendmentAmendment by Pub. L. 104106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104106, set out as a note under section 113 of Title 10, Armed Forces.
Effective Date of 1981 AmendmentAmendment by Pub. L. 9772 effective at end of 180-day period beginning on Nov. 3, 1981, see section 305 of Pub. L. 9772, set out as an Effective Date note under section 3741 of this title.
Effective Date of 1976 AmendmentPub. L. 94324, § 9, June 30, 1976, 90 Stat. 723, provided that: “(a) Except as provided in subsection (b), the provisions of this Act [see Tables for classification] shall become effective on the date of enactment [June 30, 1976]. “(b) Sections 2 [enacting section 1807 of this title] and 3 [amending section 1811 [now 3711] of this title] shall become effective on October 1, 1976. Section 5 [amending section 1819 [now 3712] of this title] shall become effective on July 1, 1976.”
Clarification With Respect to Certain FeesPub. L. 112154, title II, § 206(c), Aug. 6, 2012, 126 Stat. 1179, provided that: “Fees shall be collected under section 3729 of title 38, United States Code, from a person described in paragraph (6) of section 3701(b) of such title, as added by subsection (a) of this section, in the same manner as such fees are collected from a person described in paragraph (2) of section 3701(b) of such title.”
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title_number: 38
title_name: "VETERANS BENEFITS"
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# 38 U.S.C. § 3705 - Warranties
## Text
(a) The Secretary shall require that in connection with any property upon which there is located a dwelling designed principally for not more than a four-family residence and which is appraised for guaranty or insurance before the beginning of construction, the seller or builder, and such other person as may be required by the Secretary to become warrantor, shall deliver to the purchaser or owner of such property a warranty that the dwelling is constructed in substantial conformity with the plans and specifications (including any amendments thereof, or changes and variations therein, which have been approved in writing by the Secretary) on which the Secretary based the Secretarys valuation of the dwelling. The Secretary shall deliver to the builder, seller, or other warrantor the Secretarys written approval (which shall be conclusive evidence of such appraisal) of any amendment of, or change or variation in, such plans and specifications which the Secretary deems to be a substantial amendment thereof, or change or variation therein, and shall file a copy of such written approval with such plans and specifications. Such warranty shall apply only with respect to such instances of substantial nonconformity to such approved plans and specifications (including any amendments thereof, or changes or variations therein, which have been approved in writing, as provided in this section, by the Secretary) as to which the purchaser or home owner has given written notice to the warrantor within one year from the date of conveyance of title to, or initial occupancy of, the dwelling, whichever first occurs. Such warranty shall be in addition to, and not in derogation of, all other rights and privileges which such purchaser or owner may have under any other law or instrument. The provisions of this section shall apply to any such property covered by a mortgage insured or guaranteed by the Secretary on and after October 1, 1954, unless such mortgage is insured or guaranteed pursuant to a commitment therefor made before October 1, 1954.
(b) The Secretary shall permit copies of the plans and specifications (including written approvals of any amendments thereof, or changes or variations therein, as provided in this section) for dwellings in connection with which warranties are required by subsection (a) of this section to be made available in their appropriate local offices for inspection or for copying by any purchaser, home owner, or warrantor during such hours or periods of time as the Secretary may determine to be reasonable.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1206, § 1805; Pub. L. 94324, § 7(9), June 30, 1976, 90 Stat. 721; Pub. L. 101237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; Pub. L. 10254, § 15(a)(1), June 13, 1991, 105 Stat. 288; renumbered § 3705, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103446, title XII, § 1202(a)(2), Nov. 2, 1994, 108 Stat. 4689.)
## Notes
Editorial Notes
Amendments1994—Subsec. (a). Pub. L. 103446 made technical correction to directory language of Pub. L. 10254, § 15(a)(1)(A). See 1991 Amendment note below. 1991—Pub. L. 10283, § 5(a), renumbered section 1805 of this title as this section. Subsec. (a). Pub. L. 10254, § 15(a)(1)(B), substituted “appraisal)” for “approval)” in second sentence. Pub. L. 10254, § 15(a)(1)(A), as amended by Pub. L. 103446, substituted “appraised” for “approved” before “for guaranty” in first sentence. 1989—Pub. L. 101237 substituted “Secretary” and “Secretarys” for “Administrator” and “Administrators”, respectively, wherever appearing. 1976—Subsec. (a). Pub. L. 94324 substituted “the Administrators” for “his” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentPub. L. 103446, title XII, § 1202(a), Nov. 2, 1994, 108 Stat. 4689, provided that the amendment made by that section is effective June 13, 1991, and as if included in the enactment of Pub. L. 10254.
Effective Date of 1976 AmendmentAmendment by Pub. L. 94324 effective June 30, 1976, see section 9(a) of Pub. L. 94324, set out as a note under section 3701 of this title.
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# 38 U.S.C. § 3706 - Escrow of deposits and downpayments
## Text
(a) Any deposit or downpayment made by an eligible veteran in connection with the purchase of proposed or newly constructed and previously unoccupied residential property in a project on which the Secretary has issued a Certificate of Reasonable Value, which purchase is to be financed with a loan guaranteed, insured, or made under the provisions of this chapter, shall be deposited forthwith by the seller, or the agent of the seller, receiving such deposit or payment, in a trust account to safeguard such deposit or payment from the claims of creditors of the seller. The failure of the seller or the sellers agent to create such trust account and to maintain it until the deposit or payment has been disbursed for the benefit of the veteran purchaser at settlement or, if the transaction does not materialize, is otherwise disposed of in accordance with the terms of the contract, may constitute an unfair marketing practice within the meaning of section 3704(b) of this title.
(b) If an eligible veteran contracts for the construction of a property in a project on which the Secretary has issued a Certificate of Reasonable Value and such construction is to be financed with the assistance of a construction loan to be guaranteed, insured, or made under the provisions of this chapter, it may be considered an unfair marketing practice under section 3704(b) of this title if any deposit or downpayment of the veteran is not maintained in a special trust account by the recipient until it is either (1) applied on behalf of the veteran to the cost of the land or to the cost of construction or (2), if the transaction does not materialize, is otherwise disposed of in accordance with the terms of the contract.
(Added Pub. L. 86665, § 6(a), July 14, 1960, 74 Stat. 532, § 1806; amended Pub. L. 94324, § 7(10), June 30, 1976, 90 Stat. 721; Pub. L. 101237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 3706 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103446, title XII, § 1201(e)(13), Nov. 2, 1994, 108 Stat. 4685.)
## Notes
Editorial Notes
Amendments1994—Pub. L. 103446, which directed the substitution of “of this title” for “of this chapter” the second and third places appearing, was executed by making the substitution the second and fourth places appearing to reflect the probable intent of Congress. 1991—Pub. L. 10283, § 5(a), renumbered section 1806 of this title as this section. Pub. L. 10283, § 5(c)(1), substituted “3704(b)” for “1804(b)” in subsecs. (a) and (b). 1989—Pub. L. 101237 substituted “Secretary” for “Administrator” wherever appearing. 1976—Subsec. (a). Pub. L. 94324 substituted “the sellers” for “his”.
Statutory Notes and Related Subsidiaries
Effective Date of 1976 AmendmentAmendment by Pub. L. 94324 effective June 30, 1976, see section 9(a) of Pub. L. 94324, set out as a note under section 3701 of this title.
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# 38 U.S.C. § 3707 - Adjustable rate mortgages
## Text
(a) The Secretary shall carry out a project under this section for the purpose of guaranteeing loans in a manner similar to the manner in which the Secretary of Housing and Urban Development insures adjustable rate mortgages under section 251 of the National Housing Act.
(b) Interest rate adjustment provisions of a mortgage guaranteed under this section shall—
(1) correspond to a specified national interest rate index approved by the Secretary, information on which is readily accessible to mortgagors from generally available published sources;
(2) be made by adjusting the monthly payment on an annual basis;
(3) be limited, with respect to any single annual interest rate adjustment, to a maximum increase or decrease of 1 percentage point; and
(4) be limited, over the term of the mortgage, to a maximum increase of 5 percentage points above the initial contract interest rate.
(c) The Secretary shall promulgate underwriting standards for loans guaranteed under this section, taking into account—
(1) the status of the interest rate index referred to in subsection (b)(1) and available at the time an underwriting decision is made, regardless of the actual initial rate offered by the lender;
(2) the maximum and likely amounts of increases in mortgage payments that the loans would require;
(3) the underwriting standards applicable to adjustable rate mortgages insured under title II of the National Housing Act; and
(4) such other factors as the Secretary finds appropriate.
(d) The Secretary shall require that the mortgagee make available to the mortgagor, at the time of loan application, a written explanation of the features of the adjustable rate mortgage, including a hypothetical payment schedule that displays the maximum potential increases in monthly payments to the mortgagor over the first five years of the mortgage term.
(Added Pub. L. 102547, § 3(a)(1), Oct. 28, 1992, 106 Stat. 3634; amended Pub. L. 10378, § 7, Aug. 13, 1993, 107 Stat. 769; Pub. L. 108454, title IV, § 404, Dec. 10, 2004, 118 Stat. 3616; Pub. L. 110389, title V, § 505(a), Oct. 10, 2008, 122 Stat. 4176; Pub. L. 112154, title II, § 208, Aug. 6, 2012, 126 Stat. 1179.)
## Notes
Editorial Notes
References in TextThe National Housing Act, referred to in subsecs. (a) and (c)(3), is act June 27, 1934, ch. 847, 48 Stat. 1246. Title II of the Act is classified generally to subchapter II (§ 1707 et seq.) of chapter 13 of Title 12, Banks and Banking. Section 251 of the Act is classified to section 1715z16 of Title 12. For complete classification of this Act to the Code, see section 1701 of Title 12 and Tables.
Amendments2012—Subsec. (a). Pub. L. 112154 substituted “project under this section” for “demonstration project under this section during fiscal years 1993 through 2012”. 2008—Subsec. (a). Pub. L. 110389 substituted “2012” for “2008”. 2004—Subsec. (a). Pub. L. 108454 substituted “during fiscal years 1993 through 2008” for “during fiscal years 1993, 1994, and 1995”. 1993—Subsec. (b)(2). Pub. L. 10378 struck out before semicolon at end “on the anniversary of the date on which the loan was closed”.
Statutory Notes and Related Subsidiaries
Annual Report on Document Disclosure and Consumer EducationPub. L. 115174, title III, § 309(d), May 24, 2018, 132 Stat. 1351, provided that: “Not less frequently than once each year, the Secretary of Veterans Affairs shall issue a publicly available report that— “(1) examines, with respect to loans provided to veterans under chapter 37 of title 38, United States Code—“(A) the refinancing of fixed-rate mortgage loans to adjustable rate mortgage loans; “(B) whether veterans are informed of the risks and disclosures associated with that refinancing; and “(C) whether advertising materials for that refinancing are clear and do not contain misleading statements or assertions; and “(2) includes findings based on any complaints received by veterans and on an ongoing assessment of the refinancing market by the Secretary.”
Annual Reports on Adjustable Rate Mortgages Guaranteed Under This SectionPub. L. 102547, § 3(b), Oct. 28, 1992, 106 Stat. 3635, directed Secretary of Veterans Affairs to transmit adjustable rate mortgage report to Committees on Veterans Affairs of Senate and House of Representatives no later than Dec. 31, 1993, containing description of project carried out under this section and thereafter to transmit annual reports to such committees with respect to default rates and other information concerning loans guaranteed under this section prior to repeal by Pub. L. 104110, title II, § 201(b), Feb. 13, 1996, 110 Stat. 770.
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# 38 U.S.C. § 3707A - Hybrid adjustable rate mortgages
## Text
(a) The Secretary shall carry out a project under this section for the purpose of guaranteeing loans in a manner similar to the manner in which the Secretary of Housing and Urban Development insures adjustable rate mortgages under section 251 of the National Housing Act in accordance with the provisions of this section with respect to hybrid adjustable rate mortgages described in subsection (b).
(b) Adjustable rate mortgages that are guaranteed under this section shall be adjustable rate mortgages (commonly referred to as “hybrid adjustable rate mortgages”) having interest rate adjustment provisions that—
(1) specify an initial rate of interest that is fixed for a period of not less than the first three years of the mortgage term;
(2) provide for an initial adjustment in the rate of interest by the mortgagee at the end of the period described in paragraph (1); and
(3) comply in such initial adjustment, and any subsequent adjustment, with subsection (c).
(c) Interest rate adjustment provisions of a mortgage guaranteed under this section shall—
(1) correspond to a specified national interest rate index approved by the Secretary, information on which is readily accessible to mortgagors from generally available published sources;
(2) be made by adjusting the monthly payment on an annual basis;
(3) in the case of the initial contract interest rate adjustment—
(A) if the initial contract interest rate remained fixed for less than 5 years, be limited to a maximum increase or decrease of 1 percentage point; or
(B) if the initial contract interest rate remained fixed for 5 years or more, be limited to a maximum increase or decrease of such percentage point or points as the Secretary may prescribe;
(4) in the case of any single annual interest rate adjustment after the initial contract interest rate adjustment, be limited to a maximum increase or decrease of such percentage points as the Secretary may prescribe; and
(5) be limited, over the term of the mortgage, to a maximum increase of such number of percentage points as the Secretary shall prescribe for purposes of this section.
(d) The Secretary shall promulgate underwriting standards for loans guaranteed under this section, taking into account—
(1) the status of the interest rate index referred to in subsection (c)(1) and available at the time an underwriting decision is made, regardless of the actual initial rate offered by the lender;
(2) the maximum and likely amounts of increases in mortgage payments that the loans would require;
(3) the underwriting standards applicable to adjustable rate mortgages insured under title II of the National Housing Act; and
(4) such other factors as the Secretary finds appropriate.
(e) The Secretary shall require that the mortgagee make available to the mortgagor, at the time of loan application, a written explanation of the features of the adjustable rate mortgage, including a hypothetical payment schedule that displays the maximum potential increases in monthly payments to the mortgagor over the first five years of the mortgage term.
(Added Pub. L. 107330, title III, § 303(a), Dec. 6, 2002, 116 Stat. 2825; amended Pub. L. 108454, title IV, § 405(a), (b), Dec. 10, 2004, 118 Stat. 3616; Pub. L. 109233, title I, § 102, June 15, 2006, 120 Stat. 399; Pub. L. 110389, title V, § 505(b), Oct. 10, 2008, 122 Stat. 4176; Pub. L. 112154, title II, § 209, Aug. 6, 2012, 126 Stat. 1179.)
## Notes
Editorial Notes
References in TextThe National Housing Act, referred to in subsecs. (a) and (d)(3), is act June 27, 1934, ch. 847, 48 Stat. 1246. Title II of the Act is classified generally to subchapter II (§ 1707 et seq.) of chapter 13 of Title 12, Banks and Banking. Section 251 of the Act is classified to section 1715z16 of Title 12. For complete classification of this Act to the Code, see section 1701 of Title 12 and Tables.
Amendments2012—Subsec. (a). Pub. L. 112154 substituted “project under this section” for “demonstration project under this section during fiscal years 2004 through 2012”. 2008—Subsec. (a). Pub. L. 110389 substituted “2012” for “2008”. 2006—Subsec. (c)(4). Pub. L. 109233 substituted “such percentage points as the Secretary may prescribe” for “1 percentage point”. 2004—Subsec. (a). Pub. L. 108454, § 405(a), substituted “during fiscal years 2004 through 2008” for “during fiscal years 2004 and 2005”. Subsec. (c)(3). Pub. L. 108454, § 405(b)(2), added par. (3) and struck out former par. (3) which read as follows: “be limited, with respect to any single annual interest rate adjustment, to a maximum increase or decrease of 1 percentage point; and”. Subsec. (c)(4). Pub. L. 108454, § 405(b)(2), added par. (4). Former par. (4) redesignated (5). Subsec. (c)(5). Pub. L. 108454, § 405(b)(1), (3), redesignated par. (4) as (5) and substituted “such number of percentage points as the Secretary shall prescribe for purposes of this section” for “5 percentage points above the initial contract interest rate”.
Statutory Notes and Related Subsidiaries
No Effect on Guarantee of Loans Under Hybrid Adjustable Rate Mortgage Guarantee Demonstration ProjectPub. L. 108454, title IV, § 405(c), Dec. 10, 2004, 118 Stat. 3616, provided that: “The amendments made by this section [amending this section] shall not be construed to affect the force or validity of any guarantee of a loan made by the Secretary of Veterans Affairs under the demonstration project for the guarantee of hybrid adjustable rate mortgages under section 3707A of title 38, United States Code, as in effect on the day before the date of the enactment of this Act [Dec. 10, 2004].”
@@ -0,0 +1,69 @@
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# 38 U.S.C. § 3708 - Authority to buy down interest rates: pilot program
## Text
(a) In order to enable the purchase of housing in areas where the supply of suitable military housing is inadequate, the Secretary may conduct a pilot program under which the Secretary may make periodic or lump sum assistance payments on behalf of an eligible veteran for the purpose of buying down the interest rate on a loan to that veteran that is guaranteed under this chapter for a purpose described in paragraph (1), (6), or (10) of section 3710(a) of this title.
(b) An individual is an eligible veteran for the purposes of this section if—
(1) the individual is a veteran, as defined in section 3701(b)(4) of this title;
(2) the individual submits an application for a loan guaranteed under this chapter within one year of an assignment of the individual to duty at a military installation in the United States designated by the Secretary of Defense as a housing shortage area;
(3) at the time the loan referred to in subsection (a) is made, the individual is an enlisted member, warrant officer, or an officer (other than a warrant officer) at a pay grade of O3 or below;
(4) the individual has not previously used any of the individuals entitlement to housing loan benefits under this chapter; and
(5) the individual receives comprehensive prepurchase counseling from the Secretary (or the designee of the Secretary) before making application for a loan guaranteed under this chapter.
(c) Loans with respect to which the Secretary may exercise the buy down authority under subsection (a) shall—
(1) provide for a buy down period of not more than three years in duration;
(2) specify the maximum and likely amounts of increases in mortgage payments that the loans would require; and
(3) be subject to such other terms and conditions as the Secretary may prescribe by regulation.
(d) The Secretary shall promulgate underwriting standards for loans for which the interest rate assistance payments may be made under subsection (a). Such standards shall be based on the interest rate for the second year of the loan.
(e) The Secretary or lender shall provide comprehensive prepurchase counseling to eligible veterans explaining the features of interest rate buy downs under subsection (a), including a hypothetical payment schedule that displays the increases in monthly payments to the mortgagor over the first five years of the mortgage term. For the purposes of this subsection, the Secretary may assign personnel to military installations referred to in subsection (b)(2).
(f) There is authorized to be appropriated $3,000,000 annually to carry out this section.
(g) The Secretary may not guarantee a loan under this chapter after September 30, 1998, on which the Secretary is obligated to make payments under this section.
(Added Pub. L. 104106, div. B, title XXVIII, § 2822(b)(1), Feb. 10, 1996, 110 Stat. 556.)
## Notes
Statutory Notes and Related Subsidiaries
Authority of Secretary of DefensePub. L. 104106, div. B, title XXVIII, § 2822(c), Feb. 10, 1996, 110 Stat. 557, directed the Secretary of Defense to reimburse the Secretary of Veterans Affairs for interest rate buy down costs paid to mortgagees under this section and authorized the Secretary of Defense to designate housing shortage areas with respect to housing loans guaranteed on or before Sept. 30, 1998.
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# 38 U.S.C. § 3709 - Refinancing of housing loans
## Text
(a) Fee Recoupment.— Except as provided in subsection (d) and notwithstanding section 3703 of this title or any other provision of law, a loan to a veteran for a purpose specified in section 3710 of this title that is being refinanced may not be guaranteed or insured under this chapter unless—
(1) the issuer of the refinanced loan provides the Secretary with a certification of the recoupment period for fees, closing costs, and any expenses (other than taxes, amounts held in escrow, and fees paid under this chapter) that would be incurred by the borrower in the refinancing of the loan;
(2) all of the fees and incurred costs are scheduled to be recouped on or before the date that is 36 months after the date of loan issuance; and
(3) the recoupment is calculated through lower regular monthly payments (other than taxes, amounts held in escrow, and fees paid under this chapter) as a result of the refinanced loan.
(b) Net Tangible Benefit Test.— Except as provided in subsection (d) and notwithstanding section 3703 of this title or any other provision of law, a loan to a veteran for a purpose specified in section 3710 of this title that is refinanced may not be guaranteed or insured under this chapter unless—
(1) the issuer of the refinanced loan provides the borrower with a net tangible benefit test;
(2) in a case in which the original loan had a fixed rate mortgage interest rate and the refinanced loan will have a fixed rate mortgage interest rate, the refinanced loan has a mortgage interest rate that is not less than 50 basis points less than the previous loan;
(3) in a case in which the original loan had a fixed rate mortgage interest rate and the refinanced loan will have an adjustable rate mortgage interest rate, the refinanced loan has a mortgage interest rate that is not less than 200 basis points less than the previous loan; and
(4) the lower interest rate is not produced solely from discount points, unless—
(A) such points are paid at closing; and
(B) such points are not added to the principal loan amount, unless—
(i) for discount point amounts that are less than or equal to one discount point, the resulting loan balance after any fees and expenses allows the property with respect to which the loan was issued to maintain a loan to value ratio of 100 percent or less; and
(ii) for discount point amounts that are greater than one discount point, the resulting loan balance after any fees and expenses allows the property with respect to which the loan was issued to maintain a loan to value ratio of 90 percent or less.
(c) Loan Seasoning.— Except as provided in subsection (d) and notwithstanding section 3703 of this title or any other provision of law, a loan to a veteran for a purpose specified in section 3710 of this title that is a refinance may not be guaranteed or insured under this chapter until the date that is the later of—
(1) the date on which the borrower has made at least six consecutive monthly payments on the loan being refinanced; and
(2) the date that is 210 days after the first payment due date of the loan being refinanced.
(d) Cash-out Refinances.— (1) Subsections (a) through (c) shall not apply in a case of a loan refinancing in which the amount of the principal for the new loan to be guaranteed or insured under this chapter is larger than the payoff amount of the refinanced loan.
(2) Not later than 180 days after the date of the enactment of this section, the Secretary shall promulgate such rules as the Secretary considers appropriate with respect to refinancing described in paragraph (1) to ensure that such refinancing is in the financial interest of the borrower, including rules relating to recoupment, seasoning, and net tangible benefits.
(Added Pub. L. 115174, title III, § 309(a)(1), May 24, 2018, 132 Stat. 1348; amended Pub. L. 11633, § 2(b), July 25, 2019, 133 Stat. 1038.)
## Notes
Editorial Notes
References in TextThe date of the enactment of this section, referred to in subsec. (d)(2), is the date of enactment of Pub. L. 115174, which was approved May 24, 2018.
Amendments2019—Subsec. (c). Pub. L. 11633 substituted “is a refinance” for “is refinanced” in introductory provisions, added pars. (1) and (2), and struck out former pars. (1) and (2) which read as follows: “(1) the date that is 210 days after the date on which the first monthly payment is made on the loan; and “(2) the date on which the sixth monthly payment is made on the loan.”
Statutory Notes and Related Subsidiaries
RegulationsPub. L. 115174, title III, § 309(a)(2), May 24, 2018, 132 Stat. 1349, provided that: “(A) In general.—In prescribing any regulation to carry out section 3709 of title 38, United States Code, as added by paragraph (1), the Secretary of Veterans Affairs may waive the requirements of sections 551 through 559 of title 5, United States Code, if—“(i) the Secretary determines that urgent or compelling circumstances make compliance with such requirements impracticable or contrary to the public interest; “(ii) the Secretary submits to the Committee on Veterans Affairs of the Senate and the Committee on Veterans Affairs of the House of Representatives, and publishes in the Federal Register, notice of such waiver, including a description of the determination made under clause (i); and “(iii) a period of 10 days elapses following the notification under clause (ii). “(B) Public notice and comment.—If a regulation prescribed pursuant to a waiver made under subparagraph (A) is in effect for a period exceeding 1 year, the Secretary shall provide the public an opportunity for notice and comment regarding such regulation. “(C) Effective date.—This paragraph shall take effect on the date of the enactment of this Act [May 24, 2018]. “(D) Termination date.—The authorities under this paragraph shall terminate on the date that is 1 year after the date of the enactment of this Act.”
Construction of 2019 AmendmentAmendment by Pub. L. 11633 not to be construed to restrict or otherwise modify the authorities of the Government National Mortgage Association, see section 2(c) of Pub. L. 11633, set out as a note under section 1721 of Title 12, Banks and Banking.
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# 38 U.S.C. § 3713 - Release from liability under guaranty
## Text
(a) Whenever any veteran disposes of residential property securing a guaranteed, insured, or direct housing loan obtained by the veteran, the Secretary, upon application made by such veteran and by the transferee incident to such disposal, shall issue to such veteran in connection with such disposal a release relieving the veteran of all further liability to the Secretary on account of such loan (including liability for any loss resulting from any default of the transferee or any subsequent purchaser of such property) if the Secretary has determined, after such investigation as the Secretary may deem appropriate, that (1) the loan is current, and (2) the purchaser of such property from such veteran (A) is obligated by contract to purchase such property and to assume full liability for the repayment of the balance of the loan remaining unpaid, and has assumed by contract all of the obligations of the veteran under the terms of the instruments creating and securing the loan, and (B) qualifies from a credit standpoint, to the same extent as if the transferee were a veteran eligible for purposes specified in section 3710 of this title, for a guaranteed or insured or direct loan in an amount equal to the unpaid balance of the obligation for which the transferee has assumed liability.
(b) If any veteran disposes of residential property securing a guaranteed, insured, or direct housing loan obtained by the veteran under this chapter without receiving a release from liability with respect to such loan under subsection (a), and a default subsequently occurs which results in liability of the veteran to the Secretary on account of the loan, the Secretary may relieve the veteran of such liability if the Secretary determines, after such investigation as the Secretary deems appropriate, that the property was disposed of by the veteran in such a manner, and subject to such conditions, that the Secretary would have issued the veteran a release from liability under subsection (a) with respect to the loan if the veteran had made application therefor incident to such disposal. Failure of a transferee to assume by contract all of the liabilities of the original veteran-borrower shall bar such release of liability only in cases in which no acceptable transferee, either immediate or remote, is legally liable to the Secretary for the indebtedness of the original veteran-borrower arising from termination of the loan. The failure of a veteran to qualify for release from liability under this subsection does not preclude relief from being granted under section 5302(b) of this title, if the veteran is eligible for relief under that section.
(c) This section shall apply only to loans for which commitments are made before March 1, 1988.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1212, § 1817; Pub. L. 92328, title II, § 204, June 30, 1972, 86 Stat. 397; Pub. L. 94324, § 7(18), (19), June 30, 1976, 90 Stat. 722; Pub. L. 9772, title III, § 303(f), Nov. 3, 1981, 95 Stat. 1060; Pub. L. 100198, § 10(a)(2), Dec. 21, 1987, 101 Stat. 1323; renumbered § 1813 and amended Pub. L. 100322, title IV, § 415(b)(2), May 20, 1988, 102 Stat. 550; Pub. L. 101237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; Pub. L. 10240, title IV, § 402(d)(1), May 7, 1991, 105 Stat. 239; renumbered § 3713 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 103446, title XII, § 1201(e)(15), Nov. 2, 1994, 108 Stat. 4686.)
## Notes
Editorial Notes
Amendments1994—Subsec. (b). Pub. L. 103446 before period at end substituted “section 5302(b) of this title, if the veteran is eligible for relief under that section” for “subsection 5302(b) of this title, if eligible thereunder”. 1991—Pub. L. 10283, § 5(a), renumbered section 1813 of this title as this section. Subsec. (a). Pub. L. 10283, § 5(c)(1), substituted “3710” for “1810”. Subsec. (b). Pub. L. 10240 substituted “5302(b)” for “3102(b)”. 1989—Subsecs. (a), (b). Pub. L. 101237 substituted “Secretary” for “Administrator” wherever appearing. 1988—Pub. L. 100322, § 415(b)(2)(B), renumbered section 1817 of this title as this section. Subsec. (a). Pub. L. 100322, § 415(b)(2)(A), substituted “for purposes specified in section 1810” for “under section 1810”. 1987—Subsec. (c). Pub. L. 100198 added subsec. (c). 1981—Subsec. (a). Pub. L. 9772, § 303(f)(1), substituted “direct housing loan” for “direct loan”. Subsec. (b). Pub. L. 9772, § 303(f)(2), substituted “or direct housing loan obtained” for “or direct loan obtained”. 1976—Subsec. (a). Pub. L. 94324, § 7(18), substituted “the veteran” for “him” in two places, “the Administrator may deem” for “he may deem”, “the transferee were a veteran” for “he were a veteran”, “the transferee has assumed” for “he has assumed”, and “is obligated” for “has obligated himself”. Subsec. (b). Pub. L. 94324, § 7(19), substituted “obtained by the veteran” for “obtained by him”, “the Administrator determines” for “he determines”, and “the Administrator deems” for “he deems”. 1972—Pub. L. 92328 designated existing provisions as subsec. (a) and added subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1981 AmendmentAmendment by Pub. L. 9772 effective at end of 180-day period beginning on Nov. 3, 1981, see section 305 of Pub. L. 9772, set out as an Effective Date note under section 3741 of this title.
Effective Date of 1976 AmendmentAmendment by Pub. L. 94324 effective June 30, 1976, see section 9(a) of Pub. L. 94324, set out as a note under section 3701 of this title.
Effective Date of 1972 AmendmentPub. L. 92328, title III, § 301(c), June 30, 1972, 86 Stat. 398, provided that: “Sections 201 through 206 of this Act [amending this section and sections 210, 1820 [now 3720], 3102 [now 5302], and 3503 [now 6103] of this title, and enacting provisions set out as a note under section 5302 of this title] shall take effect upon the date of enactment of this Act [June 30, 1972].”
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# 38 U.S.C. § 3714 - Assumptions; release from liability
## Text
(a) (1) Except as provided in subsection (f) of this section, if a veteran or any other person disposes of residential property securing a loan guaranteed, insured, or made under this chapter and the veteran or other person notifies the holder of the loan in writing before the property is disposed of, the veteran or other person, as the case may be, shall be relieved of all further liability to the Secretary with respect to the loan (including liability for any loss resulting from any default of the purchaser or any subsequent owner of the property) and the application for assumption shall be approved if the holder determines that—
(A) the loan is current; and
(B) the purchaser of the property from such veteran or other person—
(i) is obligated by contract to purchase such property and to assume full liability for the repayment of the balance of the loan remaining unpaid and has assumed by contract all of the obligations of the veteran under the terms of the instruments creating and securing the loan; and
(ii) qualifies from a credit standpoint, to the same extent as if the purchaser were a veteran eligible under section 3710 of this title, for a guaranteed or insured or direct loan in an amount equal to the unpaid balance of the obligation for which the purchaser is to assume liability.
(2) For the purposes of paragraph (1), paragraph (3), and paragraph (4)(C)(ii) of this subsection, the Secretary shall be considered to be the holder of the loan if the actual holder is not an approved lender described in section 3702.
(3) If the holder of the loan determines that the loan is not current or that the purchaser of the property does not meet the requirements of paragraph (1)(B) of this subsection, the holder shall—
(A) notify the transferor and the Secretary of such determination; and
(B) notify the transferor that the transferor may appeal the determination to the Secretary.
(4) (A) Upon the appeal of the transferor after a determination described in paragraph (3) is made, the Secretary shall, in a timely manner, review and make a determination (or a redetermination in any case in which the Secretary made the determination described in such paragraph) with respect to whether the loan is current and whether the purchaser of the property meets the requirements of paragraph (1)(B) of this subsection. The Secretary shall transmit, in writing, a notice of the nature of such determination to the transferor and the holder and shall inform them of the action that shall or may be taken under subparagraph (B) of this paragraph as a result of the determination of the Secretary.
(B) (i) If the Secretary determines under subparagraph (A) of this paragraph that the loan is current and that the purchaser meets the requirements of paragraph (1)(B) of this subsection, the holder shall approve the assumption of the loan, and the transferor shall be relieved of all liability to the Secretary with respect to such loan.
(ii) If the Secretary determines under subparagraph (A) of this paragraph that the purchaser does not meet the requirements of paragraph (1)(B) of this subsection, the Secretary may direct the holder to approve the assumption of the loan if—
(I) the Secretary determines that the transferor of the property is unable to make payments on the loan and has made reasonable efforts to find a buyer who meets the requirements of paragraph (1)(B) of this subsection and that, as a result, the proposed transfer is in the best interests of the Department and the transferor;
(II) the transferor has requested, within 15 days after receiving the notice referred to in subparagraph (A) of this paragraph, that the Secretary approve the assumption; and
(III) the transferor will, upon assumption of the loan by the purchaser, be secondarily liable on the loan.
(C) If—
(i) the loan is not approved for assumption under subparagraph (B) of this paragraph or paragraph (1) of this subsection; or
(ii) no appeal is made by the transferor under subparagraph (A) of this paragraph within 30 days after the holder informs the transferor of its determination under paragraph (3) of this subsection,
the holder may demand immediate, full payment of the principal, and all interest earned thereon, of such loan if the transferor disposes of the property.
(b) If a person disposes of residential property described in subsection (a)(1) of this section and the person fails to notify the holder of the loan before the property is disposed of, the holder, upon learning of such action by the person, may demand immediate and full payment of the principal, interest, and all other amounts owing under the terms of the loan.
(c) (1) In any case in which the holder of a loan described in subsection (a)(1) of this section has knowledge of a persons disposing of residential property securing the loan, the holder shall notify the Secretary of such action.
(2) If the holder fails to notify the Secretary in such a case, the holder shall be liable to the Secretary for any damage sustained by the Secretary as a result of the holders failure, as determined at the time the Secretary is required to make payments in accordance with any insurance or guaranty provided by the Secretary with respect to the loan concerned.
(d) With respect to a loan guaranteed, insured, or made under this chapter, the Secretary shall provide, by regulation, that at least one instrument evidencing either the loan or the mortgage or deed of trust therefor, shall conspicuously contain, in such form as the Secretary shall specify, a notice in substantially the following form: “This loan is not assumable without the approval of the Department of Veterans Affairs or its authorized agent”.
(e) The Secretary shall establish in regulations a reasonable amount as the maximum amount that a lender may charge for processing an application for a creditworthiness determination and assumption of a loan pursuant to this section. Such regulations shall establish requirements for the timely processing of applications for acceptance of assumptions.
(f) (1) This section shall apply—
(A) in the case of loans other than loans to finance the purchase of real property described in section 3733(a)(1) of this title, only to loans for which commitments are made on or after March 1, 1988; and
(B) in the case of loans to finance the purchase of such property, only to loans which are closed after January 1, 1989.
(2) This section shall not apply to a loan which the Secretary has sold without recourse.
(Added Pub. L. 100198, § 10(a)(1), Dec. 21, 1987, 101 Stat. 1321, § 1817A; renumbered § 1814, Pub. L. 100322, title IV, § 415(b)(2)(B), May 20, 1988, 102 Stat. 551; amended Pub. L. 100689, title III, § 302, Nov. 18, 1988, 102 Stat. 4176; Pub. L. 101237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 3714 and amended Pub. L. 10283, §§ 4(a)(2)(B)(iv), (3), (4), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 403, 404, 406; Pub. L. 105368, title X, § 1005(b)(10), Nov. 11, 1998, 112 Stat. 3365; Pub. L. 107103, title IV, § 403, Dec. 27, 2001, 115 Stat. 993.)
## Notes
Editorial Notes
Amendments2001—Subsec. (d). Pub. L. 107103 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “The Secretary shall provide that the mortgage or deed of trust and any other instrument evidencing the loan entered into by a person with respect to a loan guaranteed, insured, or made under this chapter shall contain provisions, in such form as the Secretary shall specify, implementing the requirements of this section, and shall bear in conspicuous position in capital letters on the first page of the document in type at least 2 and ½ times larger than the regular type on such page the following: This loan is not assumable without the approval of the Department of Veterans Affairs or its authorized agent..” 1998—Subsec. (f)(1)(B). Pub. L. 105368 substituted “after January 1, 1989” for “more than 45 days after the date of the enactment of the Veterans Benefits and Programs Improvement Act of 1988”. 1991—Pub. L. 10283, § 5(a), renumbered section 1814 of this title as this section. Subsec. (a)(1)(B)(ii). Pub. L. 10283, § 5(c)(1), substituted “3710” for “1810”. Subsec. (a)(2). Pub. L. 10283, § 5(c)(1), substituted “3702” for “1802”. Subsec. (a)(4)(B)(ii)(I). Pub. L. 10283, § 4(a)(3), (4), substituted “Department” for “Veterans Administration”. Subsec. (d). Pub. L. 10283, § 4(a)(2)(B)(iv), substituted “Department of Veterans Affairs” for “Veterans Administration”. Subsec. (f)(1)(A). Pub. L. 10283, § 5(c)(1), substituted “3733(a)(1)” for “1833(a)(1)”. 1989—Subsecs. (a), (c) to (f). Pub. L. 101237, § 313(b)(1), substituted “Secretary” for “Administrator” wherever appearing. 1988—Pub. L. 100322, § 415(b)(2)(B), renumbered section 1817A of this title as this section. Subsec. (a)(1). Pub. L. 100689, § 302(1), substituted “Except as provided in subsection (f) of this section, if” for “If” and “loan guaranteed, insured, or made” for “guaranteed, insured, or direct housing loan obtained by a veteran”. Subsec. (f). Pub. L. 100689, § 302(2), amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “This section shall apply only to loans for which commitments are made on or after March 1, 1988.”
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# 38 U.S.C. § 3715 to 3719 - Vacant]
## Notes
Editorial Notes
Codification Prior to renumbering of sections 1801 to 1851 of this chapter as sections 3701 to 3751 by Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406, sections 1815 to 1817A and 1819 of this chapter were renumbered and section 1818 of this chapter was repealed. Section 1815 was renumbered section 1803(a)(2) of this title. Section 1816 was renumbered sections 1832 and 1833 of this title. Section 1817 was renumbered section 1813 of this title. Section 1817A was renumbered section 1814 of this title. Section 1818, added Pub. L. 89358, § 5(a), Mar. 3, 1966, 80 Stat. 25; amended Pub. L. 91506, § 2(e), Oct. 23, 1970, 84 Stat. 1108; Pub. L. 93569, § 8(6), (7), Dec. 31, 1974, 88 Stat. 1866, 1867; Pub. L. 94324, § 4, June 30, 1976, 90 Stat. 720; Pub. L. 95476, title I, § 106(a), Oct. 18, 1978, 92 Stat. 1499; Pub. L. 9772, title III, § 303(g), Nov. 3, 1981, 95 Stat. 1060; Pub. L. 97295, § 4(66), Oct. 12, 1982, 96 Stat. 1310, which related to service after Jan. 31, 1955, and prior to Aug. 5, 1964, or after May 7, 1975, was repealed by Pub. L. 100322, title IV, § 415(b)(3), May 20, 1988, 102 Stat. 551. Section 1819 was renumbered section 1812 of this title.
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# 38 U.S.C. § 3721 - Incontestability
## Text
Any evidence of guaranty or insurance issued by the Secretary shall be conclusive evidence of the eligibility of the loan for guaranty or insurance under the provisions of this chapter and of the amount of such guaranty or insurance. Nothing in this section shall preclude the Secretary from establishing, as against the original lender, defenses based on fraud or material misrepresentation. The Secretary shall not, by reason of anything contained in this section, be barred from establishing, by regulations in force at the date of such issuance or disbursement, whichever is the earlier, partial defenses to the amount payable on the guaranty or insurance.
(Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1213, § 1821; Pub. L. 101237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 3721, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283 renumbered section 1821 of this title as this section. 1989—Pub. L. 101237 substituted “Secretary” for “Administrator” wherever appearing.
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# 38 U.S.C. § 3722 - Veterans Housing Benefit Program Fund
## Text
(a) There is hereby established in the Treasury of the United States a fund known as the Veterans Housing Benefit Program Fund (hereinafter in this section referred to as the “Fund”).
(b) The Fund shall be available to the Secretary, without fiscal year limitation, for all housing loan operations under this chapter, other than administrative expenses, consistent with the Federal Credit Reform Act of 1990.
(c) There shall be deposited into the Fund the following, which shall constitute the assets of the Fund:
(1) Any amount appropriated to the Fund.
(2) Amounts paid into the Fund under section 3729 of this title or any other provision of law or regulation established by the Secretary imposing fees on persons or other entities participating in the housing loan programs under this chapter.
(3) All other amounts received by the Secretary on or after October 1, 1998, incident to housing loan operations under this chapter, including—
(A) collections of principal and interest on housing loans made by the Secretary under this chapter;
(B) proceeds from the sale, rental, use, or other disposition of property acquired under this chapter;
(C) proceeds from the sale of loans pursuant to sections 3720(h) and 3733(a)(3) of this title; and
(D) penalties collected pursuant to section 3710(g)(4)(B) of this title.
(d) Amounts deposited into the Fund under paragraphs (2) and (3) of subsection (c) shall be deposited in the appropriate financing or liquidating account of the Fund.
(e) For purposes of this section, the term “housing loan” shall not include a loan made pursuant to subchapter V of this chapter.
(Added Pub. L. 105368, title VI, § 602(a)(2), Nov. 11, 1998, 112 Stat. 3345; amended Pub. L. 10714, § 8(a)(16), June 5, 2001, 115 Stat. 35.)
## Notes
Editorial Notes
References in TextThe Federal Credit Reform Act of 1990, referred to in subsec. (b), is title V of Pub. L. 93344, as added by Pub. L. 101508, title XIII, § 13201(a), Nov. 5, 1990, 104 Stat. 1388609, which is classified generally to subchapter III (§ 661 et seq.) of chapter 17A of Title 2, The Congress. For complete classification of this Act to the Code, see Short Title note set out under section 621 of Title 2 and Tables.
Prior ProvisionsPrior to renumbering of sections 1801 to 1851 of this chapter as sections 3701 to 3751 by Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406, section 1822 of this chapter, Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1214; Pub. L. 89358, § 5(c), Mar. 3, 1966, 88 Stat. 26; Pub. L. 89623, § 1, Oct. 4, 1966, 80 Stat. 873; Pub. L. 90301, § 2(b), May 7, 1968, 82 Stat. 113, which provided for bringing of an action in district court, by veteran or Attorney General, against one who knowingly participated in sale of property to a veteran for consideration in excess of reasonable value of property, was repealed by Pub. L. 93569, §§ 7(a), 10, Dec. 31, 1974, 88 Stat. 1866, 1867, effective Dec. 31, 1974.
Amendments2001—Subsec. (a). Pub. L. 10714 substituted “hereinafter” for “hereafter”.
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 1, 1998, see section 602(f) of Pub. L. 105368, set out as an Effective Date of 1998 Amendment note under section 2106 of this title.
Transfers of Amounts Into Veterans Housing Benefit Program FundPub. L. 105368, title VI, § 602(b), Nov. 11, 1998, 112 Stat. 3346, provided that: “All amounts in the following funds are hereby transferred to the Veterans Housing Benefit Program Fund: “(1) The Direct Loan Revolving Fund, as such fund was continued under section 3723 of title 38, United States Code (as such section was in effect on the day before the effective date of this title [Nov. 11, 1998]). “(2) The Department of Veterans Affairs Loan Guaranty Revolving Fund, as established by section 3724 of such title (as such section was in effect on the day before the effective date of this title). “(3) The Guaranty and Indemnity Fund, as established by section 3725 of such title (as such section was in effect on the day before the effective date of this title).”
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# 38 U.S.C. § 3723 to 3725 - Repealed. Pub. L. 105368, title VI, § 602(a)(1), Nov. 11, 1998, 112 Stat. 3345]
## Notes
Section 3723, Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1214, § 1823; Pub. L. 8673, § 4, June 30, 1959, 73 Stat. 156; Pub. L. 86665, § 4, July 14, 1960, 74 Stat. 532; Pub. L. 8784, § 3, July 6, 1961, 75 Stat. 202; Pub. L. 88274, Feb. 29, 1964, 78 Stat. 147; Pub. L. 88560, title VII, § 701(e)(2), Sept. 2, 1964, 78 Stat. 801; Pub. L. 94324, §§ 6, 7(27), June 30, 1976, 90 Stat. 721, 722; Pub. L. 97295, § 4(68), Oct. 12, 1982, 96 Stat. 1310; Pub. L. 97452, § 2(e)(2), Jan. 12, 1983, 96 Stat. 2479; Pub. L. 99576, title IV, § 405, Oct. 28, 1986, 100 Stat. 3281; Pub. L. 101237, title III, § 313(b)(1), (8), (9), Dec. 18, 1989, 103 Stat. 2077, 2078; renumbered § 3723 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406, related to direct loan revolving fund. See section 3722 of this title.
Section 3724, added Pub. L. 86665, § 7(a), July 14, 1960, 74 Stat. 532, § 1824; amended Pub. L. 94324, § 7(28), June 30, 1976, 90 Stat. 722; Pub. L. 9772, title III, § 303(j), Nov. 3, 1981, 95 Stat. 1060; Pub. L. 98369, div. B, title V, § 2511(b), July 18, 1984, 98 Stat. 1117; Pub. L. 99322, § 2(a), May 23, 1986, 100 Stat. 494; Pub. L. 100689, title III, § 303, Nov. 18, 1988, 102 Stat. 4177; Pub. L. 101237, title III, §§ 302(a)(2), (3)(A), (c), 313(b)(1), (2), Dec. 18, 1989, 103 Stat. 2070, 2071, 2077; renumbered § 3724 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406, related to Loan Guaranty Revolving Fund. See section 3722 of this title.
Section 3725, Pub. L. 85857, Sept. 2, 1958, 72 Stat. 1215, § 1824; renumbered § 1825, Pub. L. 86665, § 7(a), July 14, 1960, 74 Stat. 532; amended Pub. L. 94324, § 7(29), June 30, 1976, 90 Stat. 722; Pub. L. 101237, title III, § 302(a)(1), Dec. 18, 1989, 103 Stat. 2069; Pub. L. 10254, § 15(a)(2), June 13, 1991, 105 Stat. 289; renumbered § 3725 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102547, § 2(b)(2), Oct. 28, 1992, 106 Stat. 3634, related to Guaranty and Indemnity Fund. See section 3722 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Oct. 1, 1998, see section 602(f) of Pub. L. 105368, set out as an Effective Date of 1998 Amendment note under section 2106 of this title.
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# 38 U.S.C. § 3726 - Withholding of payments, benefits, etc.
## Text
(a) No officer, employee, department, or agency of the United States shall set off against, or otherwise withhold from, any veteran or the surviving spouse of any veteran any payments (other than benefit payments under any law administered by the Department of Veterans Affairs) which such veteran or surviving spouse would otherwise be entitled to receive because of any liability to the Secretary allegedly arising out of any loan made to, assumed by, or guaranteed or insured on account of, such veteran or surviving spouse under this chapter, unless the Secretary provides such veteran or surviving spouse with notice by certified mail with return receipt requested of the authority of the Secretary to waive the payment of indebtedness under section 5302(b) of this title.
(b) If the Secretary does not waive the entire amount of the liability, the Secretary shall then determine whether the veteran or surviving spouse should be released from liability under section 3713(b) of this title.
(c) If the Secretary determines that the veteran or surviving spouse should not be released from liability, the Secretary shall notify the veteran or surviving spouse of that determination and provide a notice of the procedure for appealing that determination, unless the Secretary has previously made such determination and notified the veteran or surviving spouse of the procedure for appealing the determination.
(Added Pub. L. 89358, § 5(f)(1), Mar. 3, 1966, 80 Stat. 26, § 1826; amended Pub. L. 94324, § 7(30), June 30, 1976, 90 Stat. 722; Pub. L. 9766, title V, § 504, Oct. 17, 1981, 95 Stat. 1033; Pub. L. 101237, title III, § 313(b)(1), (2), Dec. 18, 1989, 103 Stat. 2077; renumbered § 3726, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 10533, title VIII, § 8033(a), Aug. 5, 1997, 111 Stat. 669.)
## Notes
Editorial Notes
Amendments1997—Pub. L. 10533 designated existing provisions as subsec. (a), substituted “unless the Secretary provides such veteran or surviving spouse with notice by certified mail with return receipt requested of the authority of the Secretary to waive the payment of indebtedness under section 5302(b) of this title.” for “unless (1) there is first received the consent in writing of such veteran or surviving spouse, as the case may be, or (2) such liability and the amount thereof was determined by a court of competent jurisdiction in a proceeding to which such veteran or surviving spouse was a party.”, and added subsecs. (b) and (c). 1991—Pub. L. 10283 renumbered section 1826 of this title as this section. 1989—Pub. L. 101237 substituted “Secretary” and “Department of Veterans Affairs” for “Administrator” and “Veterans Administration”, respectively. 1981—Pub. L. 9766 struck out subsec. (a) which provided that the Administrator could not, unless the Administrator had first obtained the consent in writing of an individual, set off against, or otherwise withhold from, such individual any benefits payable to such individual under any law administered by the Veterans Administration because of liability allegedly arising out of any loan made to, assumed by, or guaranteed or insured on account of, such individual under this chapter, and struck out designation “(b)” before “No officer, employee, department, or agency of the United States”. 1976—Subsec. (a). Pub. L. 94324 substituted “the Administrator” for “he”. Subsec. (b). Pub. L. 94324 substituted “surviving spouse” for “widow” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 1997 AmendmentPub. L. 10533, title VIII, § 8033(c), Aug. 5, 1997, 111 Stat. 669, provided that: “The amendments made by this section [amending this section and section 5302 of this title] shall apply with respect to any indebtedness to the United States arising pursuant to chapter 37 of title 38, United States Code, before, on, or after the date of enactment of this Act [Aug. 5, 1997].”
Effective Date of 1981 AmendmentAmendment by Pub. L. 9766 effective Oct. 17, 1980, see section 701(b)(3) of Pub. L. 9766, set out as a note under section 1114 of this title.
Effective Date of 1976 AmendmentAmendment by Pub. L. 94324 effective June 30, 1976, see section 9(a) of Pub. L. 94324, set out as a note under section 3701 of this title.
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# 38 U.S.C. § 3727 - Expenditures to correct or compensate for structural defects in mortgaged homes
## Text
(a) The Secretary is authorized, with respect to any property improved by a one- to four-family dwelling inspected during construction by the Department of Veterans Affairs or the Federal Housing Administration which the Secretary finds to have structural defects seriously affecting the livability of the property, to make expenditures for (1) correcting such defects, (2) paying the claims of the owner of the property arising from such defects, or (3) acquiring title to the property; except that such authority of the Secretary shall exist only (A) if the owner requests assistance under this section not later than four years (or such shorter time as the Secretary may prescribe) after the mortgage loan was made, guaranteed, or insured, and (B) if the property is encumbered by a mortgage which is made, guaranteed, or insured under this chapter after May 7, 1968.
(b) The Secretary shall by regulation prescribe the terms and conditions under which expenditures and payments may be made under the provisions of this section, and the Secretarys decisions regarding such expenditures or payments, and the terms and conditions under which the same are approved or disapproved, shall be final and conclusive, and shall not be subject to judicial review.
(c) The Secretary is authorized to make expenditures for the purposes of this section from the fund established pursuant to section 3722 of this title.
(Added Pub. L. 90301, § 5(a), May 7, 1968, 82 Stat. 116, § 1827; amended Pub. L. 94324, § 7(31), June 30, 1976, 90 Stat. 722; Pub. L. 101237, title III, § 313(b)(1), (2), Dec. 18, 1989, 103 Stat. 2077; renumbered § 3727 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 105368, title VI, § 602(e)(1)(C), title X, § 1005(b)(11), Nov. 11, 1998, 112 Stat. 3346, 3365.)
## Notes
Editorial Notes
Amendments1998—Subsec. (a). Pub. L. 105368, § 1005(b)(11), substituted “May 7, 1968” for “the date of enactment of this section”. Subsec. (c). Pub. L. 105368, § 602(e)(1)(C), substituted “fund established pursuant to section 3722 of this title” for “funds established pursuant to sections 3723 and 3724 of this title, as applicable”. 1991—Pub. L. 10283, § 5(a), renumbered section 1827 of this title as this section. Subsec. (c). Pub. L. 10283, § 5(c)(1), substituted “3723 and 3724” for “1823 and 1824”. 1989—Pub. L. 101237 substituted “Secretary”, “Secretarys”, and “Department of Veterans Affairs” for “Administrator”, “Administrators”, and “Veterans Administration”, respectively, wherever appearing. 1976—Subsec. (a). Pub. L. 94324 substituted “the Administrator finds” for “he finds”. Subsec. (b). Pub. L. 94324 substituted “the Administrators” for “his”.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment by section 602 of Pub. L. 105368 effective Oct. 1, 1998, see section 602(f) of Pub. L. 105368, set out as a note under section 2106 of this title.
Effective Date of 1976 AmendmentAmendment by Pub. L. 94324 effective June 30, 1976, see section 9(a) of Pub. L. 94324, set out as a note under section 3701 of this title.
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title: "38 U.S.C. § 3728"
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# 38 U.S.C. § 3728 - Exemption from State anti-usury provisions
## Text
If, under any law of the United States, loans and mortgages insured under title I or title II of the National Housing Act are exempt from the application of the provisions of any State constitution or law (1) limiting the rate or amount of interest, discount points, or other charges which may be charged, taken, received, or reserved by lenders, (2) restricting the manner of calculating such interest (including prohibition of the charging of interest on interest), or (3) requiring a minimum amortization of principal, then loans guaranteed or insured under this chapter are also exempt from the application of such provisions.
(Added Pub. L. 96128, title IV, § 401(a), Nov. 28, 1979, 93 Stat. 986, § 1828; amended Pub. L. 9766, title V, § 501(b), Oct. 17, 1981, 95 Stat. 1032; renumbered § 3728, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
## Notes
Editorial Notes
References in TextThe National Housing Act, referred to in text, is act June 27, 1934, ch. 847, 48 Stat. 1246. Titles I and II of the Act are classified generally to subchapters I (§ 1702 et seq.) and II (§ 1707 et seq.), respectively, of chapter 13 of Title 12, Banks and Banking. For complete classification of this Act to the Code, see section 1701 of Title 12 and Tables.
Amendments1991—Pub. L. 10283 renumbered section 1828 of this title as this section. 1981—Pub. L. 9766 designated as cl. (1) existing provisions relating to the limiting of rates or amounts of interest, discount points, or other charges which may be charged, taken, received, or reserved by lenders, and added cls. (2) and (3).
Statutory Notes and Related Subsidiaries
Effective Date of 1981 AmendmentAmendment by Pub. L. 9766 effective Oct. 17, 1981, see section 701(b)(1) of Pub. L. 9766, set out as a note under section 1114 of this title.
Effective DateSection effective Nov. 28, 1979, see section 601(b) of Pub. L. 96128, set out as an Effective Date of 1979 Amendment note under section 1114 of this title.
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# 38 U.S.C. § 3730 - Use of attorneys in court
## Text
(a) The Secretary shall authorize attorneys employed by the Department of Veterans Affairs to exercise the right of the United States to bring suit in court to foreclose a loan made or acquired by the Secretary under this chapter and to recover possession of any property acquired by the Secretary under this chapter. The Secretary may acquire the services of attorneys, other than those who are employees of the Department of Veterans Affairs, to exercise that right. The activities of attorneys in bringing suit under this section shall be subject to the direction and supervision of the Attorney General and to such terms and conditions as the Attorney General may prescribe.
(b) Nothing in this section derogates from the authority of the Attorney General under sections 516 and 519 of title 28 to direct and supervise all litigation to which the United States or an agency or officer of the United States is a party.
(Added Pub. L. 98369, div. B, title V, § 2512(b)(1), July 18, 1984, 98 Stat. 1120, § 1830; amended Pub. L. 99576, title IV, § 406, Oct. 28, 1986, 100 Stat. 3282; Pub. L. 101237, title III, § 313(b)(1), (2), Dec. 18, 1989, 103 Stat. 2077; renumbered § 3730, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406; Pub. L. 105368, title X, § 1005(b)(12), Nov. 11, 1998, 112 Stat. 3365.)
## Notes
Editorial Notes
Amendments1998—Subsec. (a). Pub. L. 105368 substituted “The Secretary shall” for “Within 180 days after the date of the enactment of this section, the Secretary shall take appropriate steps to”. 1991—Pub. L. 10283 renumbered section 1830 of this title as this section. 1989—Subsec. (a). Pub. L. 101237 substituted “Secretary” and “Department of Veterans Affairs” for “Administrator” and “Veterans Administration”, respectively, wherever appearing. 1986—Subsec. (a). Pub. L. 99576 substituted “The” for “With the concurrence of the Attorney General of the United States, the” in second sentence.
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 98369, div. B, title V, § 2512(c)(3), July 18, 1984, 98 Stat. 1120, provided that: “The amendments made by subsection (b) [enacting this section] shall take effect on the date of the enactment of this Act [July 18, 1984].”
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# 38 U.S.C. § 3731 - Appraisals
## Text
(a) The Secretary shall—
(1) subject to subsection (b)(2) and in consultation with appropriate representatives of institutions which are regularly engaged in making housing loans, prescribe uniform qualifications for appraisers, including the successful completion of a written test, submission of a sample appraisal, certification of an appropriate number of years of experience as an appraiser, and submission of recommendations from other appraisers;
(2) use such qualifications in determining whether to approve an appraiser to make appraisals of the reasonable value of any property, construction, repairs, or alterations for the purposes of this chapter; and
(3) in consultation with local representatives of institutions described in clause (1) of this subsection, develop and maintain lists of appraisers who are approved under clause (2) of this subsection to make appraisals for the purposes of this chapter.
(b) (1) The Secretary shall select appraisers from a list required by subsection (a)(3) of this section on a rotating basis to make appraisals for the purposes of this chapter.
(2) If uniform qualifications become applicable for appraisers who perform appraisals for or in connection with the Federal Government, the qualifications required by subsection (a)(1) of this section may be more stringent than such uniform qualifications, but the Secretary may use no written test in determining the qualifications of appraisers other than the test prescribed to implement such uniform qualifications.
(3) The Secretary shall permit an appraiser on a list developed and maintained under subsection (a)(3) to make an appraisal for the purposes of this chapter based solely on information gathered by a person with whom the appraiser has entered into an agreement for such services.
(c) Except as provided in subsection (f) of this section, the appraiser shall forward an appraisal report to the Secretary for review. Upon receipt of such report, the Secretary shall determine the reasonable value of the property, construction, repairs, or alterations for purposes of this chapter, and notify the veteran of such determination. Upon request, the Secretary shall furnish a copy of the appraisal made of property for the purposes of this chapter to the lender proposing to make the loan which is to be secured by such property and is to be guaranteed under this chapter.
(d) If a lender (other than a lender authorized under subsection (f) of this section to determine reasonable value)—
(1) has proposed to make a loan to be guaranteed under this chapter,
(2) has been furnished a certificate of reasonable value of any property or of any construction, repairs, or alterations of property which is to be the security for such loan, and
(3) within a reasonable period prescribed by the Secretary, has furnished to the Secretary an additional appraisal of the reasonable value of such property, construction, repairs, or alterations which was made by an appraiser selected by the lender from the list required by subsection (a)(3) of this section,
the Secretary shall consider both the initial appraisal and the additional appraisal and shall, if appropriate, issue a revised certificate of reasonable value of such property, construction, repairs, or alterations.
(e) (1) In no case may a veteran be required to pay all or any portion of the cost of the additional appraisal described in subsection (d)(3) of this section.
(2) If a veteran, within a reasonable period prescribed by the Secretary, has furnished to the Secretary an additional appraisal of the reasonable value of such property, construction, repairs, or alterations which was made by an appraiser selected by the veteran from the list required by subsection (a)(3) of this section, the Secretary shall consider such appraisal, along with other appraisals furnished to the Secretary, and shall, if appropriate, issue a revised certificate of reasonable value of such property, construction, repairs, or alterations.
(f) (1) Subject to the provisions of paragraphs (2) and (3) of this subsection, the Secretary may, in accordance with standards and procedures established in regulations prescribed by the Secretary, authorize a lender to determine the reasonable value of property for the purposes of this chapter if the lender is authorized to make loans which are automatically guaranteed under section 3702(d) of this title. In such a case, the appraiser selected by the Secretary pursuant to subsection (b) of this section shall submit the appraisal report directly to the lender for review, and the lender shall, as soon as possible thereafter, furnish a copy of the appraisal to the veteran who is applying for the loan concerned and to the Secretary.
(2) In exercising the authority provided in paragraph (1) of this subsection, the Secretary shall assign a sufficient number of personnel to carry out an appraisal-review system to monitor, on at least a random-sampling basis, the making of appraisals by appraisers and the effectiveness and the efficiency of the determination of reasonable value of property by lenders.
[(3) Repealed. Pub. L. 104110, title I, § 101(g), Feb. 13, 1996, 110 Stat. 768.]
(4) Not later than April 30 of each year following a year in which the Secretary authorizes lenders to determine reasonable value of property under this subsection, the Secretary shall submit to the Committees on Veterans Affairs of the Senate and the House of Representatives a report relating to the exercise of that authority during the year in which the authority was exercised.
(5) A report submitted pursuant to paragraph (4) of this subsection shall include, for the period covered by each report—
(A) the number and value of loans made by lenders exercising the authority of this subsection;
(B) the number and value of such loans reviewed by the appraisal-review monitors referred to in paragraph (2) of this subsection;
(C) the number and value of loans made under this subsection of which the Secretary received notification of default;
(D) the amount of guaranty paid by the Secretary to such lenders by reason of defaults on loans as to which reasonable value was determined under this subsection; and
(E) such recommendations as the Secretary considers appropriate to improve the exercise of the authority provided for in this subsection and to protect the interests of the United States.
(Added Pub. L. 99576, title IV, § 407(a), Oct. 28, 1986, 100 Stat. 3282, § 1831; amended Pub. L. 100198, § 11(a), (b), Dec. 21, 1987, 101 Stat. 1324; Pub. L. 101237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; Pub. L. 10254, § 3(b), (c), June 13, 1991, 105 Stat. 267; renumbered § 3731 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102547, § 7, Oct. 28, 1992, 106 Stat. 3636; Pub. L. 104110, title I, § 101(g), Feb. 13, 1996, 110 Stat. 768; Pub. L. 11623, § 7(a), June 25, 2019, 133 Stat. 976.)
## Notes
Editorial Notes
Codification Another section 11(b) of Pub. L. 100198 amended section 1810 [now 3710] of this title.
Amendments2019—Subsec. (b)(3). Pub. L. 11623 added par. (3). 1996—Subsec. (f)(3). Pub. L. 104110 struck out par. (3) which read as follows: “The authority provided in this subsection shall terminate on December 31, 1995.” 1992—Subsec. (f)(3). Pub. L. 102547 substituted “1995” for “1992”. 1991—Pub. L. 10283, § 5(a), renumbered section 1831 of this title as this section. Subsec. (f)(1). Pub. L. 10283, § 5(c)(1), substituted “3702(d)” for “1802(d)”. Subsec. (f)(3). Pub. L. 10254, § 3(b), substituted “December 31, 1992” for “October 1, 1990”. Subsec. (f)(4), (5). Pub. L. 10254, § 3(c), added pars. (4) and (5). 1989—Pub. L. 101237 substituted “Secretary” for “Administrator” wherever appearing. 1987—Subsec. (a)(1). Pub. L. 100198, § 11(a)(1), inserted “subject to subsection (b)(2) and” at beginning and “, including the successful completion of a written test, submission of a sample appraisal, certification of an appropriate number of years of experience as an appraiser, and submission of recommendations from other appraisers” before semicolon at end. Subsec. (b). Pub. L. 100198, § 11(a)(2), designated existing provisions as par. (1) and added par. (2). Subsec. (c). Pub. L. 100198, § 11(b)(1), substituted “Except as provided in subsection (f) of this section, the appraiser shall forward an appraisal report to the Administrator for review. Upon receipt of such report, the Administrator shall determine the reasonable value of the property, construction, repairs, or alterations for purposes of this chapter, and notify the veteran of such determination. Upon request, the Administrator shall” for “The Administrator shall, upon request,”. Subsec. (d). Pub. L. 100198, § 11(b)(2), which directed insertion of “(other than a lender authorized under subsection (f) of this section to determine reasonable value)” after “lender” was executed by making the insertion after “lender” the first place it appears in subsec. (d), as the probable intent of Congress, notwithstanding appearance of “lender” in subsec. (d)(3). Subsec. (f). Pub. L. 100198, § 11(b)(3), added subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 2019 AmendmentPub. L. 11623, § 7(b), June 25, 2019, 133 Stat. 976, provided that: “The amendments made by this section [amending this section] shall apply with respect to an appraisal under section 3731 of such title [meaning title 38, United States Code], on or after January 1, 2020.”
Improving Access to the Veterans Affairs Home Loan BenefitPub. L. 117308, Dec. 27, 2022, 136 Stat. 4393, provided that: “SECTION 1. SHORT TITLE.“This Act may be cited as the Improving Access to the VA Home Loan Benefit Act of 2022. “SEC. 2. RECOMMENDATIONS FOR IMPROVING APPRAISAL DELIVERY TIMES.“Not later than 90 days after the date of the enactment of this Act [Dec. 27, 2022], the Secretary of Veterans Affairs shall submit to the Committees on Veterans Affairs of the Senate and House of Representatives recommendations for improving the delivery times for appraisals for loans guaranteed by the Department of Veterans Affairs. “SEC. 3. UPDATE OF APPRAISAL REQUIREMENTS FOR CERTAIN LOANS GUARANTEED BY THE DEPARTMENT OF VETERANS AFFAIRS.“(a) Updated Regulations Required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe updated regulations or program requirements to clarify when an appraisal is required, how an appraisal is to be conducted, and who is eligible to conduct an appraisal for a loan guaranteed by the Department of Veterans Affairs under chapter 37 of title 38, United States Code, for any purpose described in section 3710(a) of such title. In prescribing updated regulations or program requirements under this section, the Secretary shall take into consideration the recommendations of the Secretary submitted under section 2. “(b) Waiver of Requirement for Certain Properties.—In prescribing updated regulations or program requirements under subsection (a), the Secretary shall consider making changes applicable to—“(1) certification requirements for appraisers; “(2) minimum property requirements; “(3) the process for selecting and reviewing comparable sales; “(4) quality control processes; “(5) the Assisted Appraisal Processing Program; and “(6) the use of waivers or other alternatives to existing appraisal processes. “(c) Desk Top Appraisals.—In prescribing updated regulations or program guidance under subsection (a), the Secretary shall provide guidance for the use of the authority under section 3731(b)(3) of title 38, United States Code, taking into consideration—“(1) situations in which the use of such authority would provide for cost savings for the borrower; and “(2) situations in which a traditional appraisal requirement could cause a delay substantial enough to jeopardize the ability of a borrower to complete a transaction. “SEC. 4. DETERMINATION OF BUDGETARY EFFECTS.“The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010 [2 U.S.C. 931 et seq.], shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.”
Guidance To Implement Amendment by Pub. L. 11623Pub. L. 11623, § 7(c), June 25, 2019, 133 Stat. 976, provided that: “Notwithstanding section 501 of such title [meaning title 38, United States Code], the Secretary of Veterans Affairs may issue guidance to implement this section [amending this section and enacting provisions set out as a note under this section] before prescribing new regulations under sections [sic] 3731 of such title, as amended by subsection (a).”
Ratification of Actions During Period of Expired AuthorityAny action taken by Secretary of Veterans Affairs before Feb. 13, 1996, under provision of law amended by title I of Pub. L. 104110 that was taken during period beginning on date on which authority of Secretary under such provision of law expired and ending on Feb. 13, 1996, considered to have same force and effect as if such amendment had been in effect at time of that action, see section 103 of Pub. L. 104110, set out as a note under section 1710 of this title.
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# 38 U.S.C. § 3734 - Annual submission of information on the Veterans Housing Benefit Program Fund and housing programs
## Text
(a) In the documents providing detailed information on the budget for the Department of Veterans Affairs that the Secretary submits to the Congress in conjunction with the Presidents budget submission for each fiscal year pursuant to section 1105 of title 31, the Secretary shall include—
(1) a description of the operations of the Veterans Housing Benefit Program Fund during the fiscal year preceding the fiscal year in which such budget is submitted; and
(2) the needs of such fund, if any, for appropriations for—
(A) the fiscal year in which the budget is submitted; and
(B) the fiscal year for which the budget is submitted.
(b) The matters submitted under subsection (a) of this section shall include, with respect to the fund referred to in subsection (a), the following:
(1) Information and financial data on the operations of the fund during the fiscal year before the fiscal year in which such matters are submitted and estimated financial data and related information on the operation of the fund for—
(A) the fiscal year of the submission; and
(B) the fiscal year following the fiscal year of the submission.
(2) Estimates of the amount of revenues derived by the fund in the fiscal year preceding the fiscal year of the submission, in the fiscal year of the submission, and in the fiscal year following the fiscal year of the submission from each of the following sources:
(A) Fees collected under section 3729(a) of this title for each category of loan guaranteed, insured, or made under this chapter or collected under section 3729(b) of this title for assumed loans.
(B) Investment income.
(C) Sales of foreclosed properties.
(D) Loan asset sales.
(E) Each additional source of revenue.
(3) Information, for each fiscal year referred to in paragraph (2) of this subsection, regarding the types of dispositions made and anticipated to be made of defaults on loans guaranteed, insured, or made under this chapter, including the cost to the fund, and the numbers, of such types of dispositions.
(c) The information submitted under subsection (a) shall include a statement that summarizes the financial activity of each of the housing programs operated under this chapter. The statement shall be presented in a form that is simple, concise, and readily understandable, and shall not include references to financing accounts, liquidating accounts, or program accounts.
(Added Pub. L. 101237, title III, § 302(b)(1), Dec. 18, 1989, 103 Stat. 2070, § 1834; renumbered § 3734 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406; Pub. L. 105368, title VI, § 602(d), (e)(1)(F), (3)(A), Nov. 11, 1998, 112 Stat. 3346, 3347; Pub. L. 10714, § 8(a)(9), June 5, 2001, 115 Stat. 35; Pub. L. 107330, title III, § 308(g)(12), Dec. 6, 2002, 116 Stat. 2829.)
## Notes
Editorial Notes
Amendments2002—Subsec. (b)(2)(B) to (F). Pub. L. 107330 redesignated subpars. (C) to (F) as (B) to (E), respectively, and struck out former subpar. (B) which read as follows: “Federal Government payments under section 3729(a)(3) of this title.” 2001—Subsec. (a). Pub. L. 10714, § 8(a)(9)(A), struck out “United States Code,” after “section 1105 of title 31,” in introductory provisions. Subsec. (a)(2). Pub. L. 10714, § 8(a)(9)(B), substituted “appropriations for” for “appropriations in”. 1998—Pub. L. 105368, § 602(e)(3)(A), substituted “Veterans Housing Benefit Program Fund and housing programs” for “Loan Guaranty Revolving Fund and the Guaranty and Indemnity Fund” in section catchline. Subsec. (a)(1). Pub. L. 105368, § 602(e)(1)(F)(i)(I), substituted “Veterans Housing Benefit Program Fund” for “Loan Guaranty Revolving Fund and the Guaranty and Indemnity Fund”. Subsec. (a)(2). Pub. L. 105368, § 602(e)(1)(F)(i)(II), substituted “fund,” for “funds,” in introductory provisions. Subsec. (b). Pub. L. 105368, § 602(e)(1)(F)(ii), substituted “the fund” for “each fund” in introductory provisions. Subsec. (b)(2)(B) to (G). Pub. L. 105368, § 602(e)(1)(F)(iii), redesignated subpars. (C) to (G) as (B) to (F), respectively, in subpar. (B), substituted “section 3729(a)(3)” for “subsections (a)(3) and (c)(2) of section 3729”, and struck out former subpar. (B) which read as follows: “Federal Government contributions made under clauses (A) and (B) of section 3725(c)(2) of this title.” Subsec. (c). Pub. L. 105368, § 602(d), added subsec. (c). 1991—Pub. L. 10283, § 5(a), renumbered section 1834 of this title as this section. Subsec. (b)(2). Pub. L. 10283, § 5(c)(1), substituted “3729(a)” for “1829(a)” and “3729(b)” for “1829(b)” in subpar. (A), “3725(c)(2)” for “1825(c)(2)” in subpar. (B), and “3729” for “1829” in subpar. (C).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment by Pub. L. 105368 effective Oct. 1, 1998, see section 602(f) of Pub. L. 105368, set out as a note under section 2106 of this title.
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# 38 U.S.C. § 3735 - Renumbered § 2041]
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# 38 U.S.C. § 3736 - Reporting requirements
## Text
The annual report required by section 529 of this title shall include a discussion of the activities under this chapter. Beginning with the report submitted at the close of fiscal year 1996, and every second year thereafter, this discussion shall include information regarding the following:
(1) Loans made to veterans whose only qualifying service was in the Selected Reserve.
(2) Interest rates and discount points which were negotiated between the lender and the veteran pursuant to section 3703(c)(4)(A)(i) of this title.
(3) The determination of reasonable value by lenders pursuant to section 3731(f) of this title.
(4) Loans that include funds for energy efficiency improvements pursuant to section 3710(a)(10) of this title.
(5) Direct loans to Native American veterans made pursuant to subchapter V of this chapter.
(Added Pub. L. 104110, title II, § 201(a)(1), Feb. 13, 1996, 110 Stat. 770.)
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# 38 U.S.C. § 3737 - Partial Claim Program
## Text
(a) Establishment.— The Secretary shall carry out a program, to be known as the “Partial Claim Program”, under which the Secretary may make a partial claim, described in subsection (b), with respect to a loan—
(1) guaranteed under this chapter;
(2) regarding the primary residence of the borrower; and
(3) that the Secretary determines is in default or at imminent risk of default.
(b) Partial Claim Described.— A partial claim described in this subsection, with respect to a loan described in subsection (a), is the purchase by the Secretary of a portion of indebtedness under the loan, through a transaction under which the Secretary—
(1) pays to the holder of the loan the amount of indebtedness, subject to subsection (c), that the Secretary determines necessary to help prevent or resolve a default; and
(2) receives a secured interest in the property that serves as collateral for the guaranteed loan, which is subordinate to the amount of indebtedness under the guaranteed loan that the Secretary does not purchase.
(c) Administration of Partial Claim.— (1) (A) Subject to subparagraph (B), the amount of a partial claim under this section with respect to a loan guaranteed described in subsection (a) may not exceed 25 percent of the unpaid principal balance of the loan on the date on which the partial claim is made.
(B) In the case of an individual who failed to make a payment on a loan guaranteed under this chapter during the period beginning on March 1, 2020 and ending on May 1, 2025, the amount of a partial claim under this section may not exceed 30 percent of the unpaid principal balance of the guaranteed loan as of the date that the initial partial claim is made.
(2) (A) Subject to subparagraph (B), the Secretary may make only one partial claim per loan.
(B) The Secretary may make an additional partial claim on a loan guaranteed under this chapter in the case of an individual who failed to make a payment on such loan during—
(i) a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170); or
(ii) the period of 180 days following such a major disaster.
(3) An amount paid to the holder of a loan as a partial claim—
(A) shall not alter the guaranty calculation specified by section 3703 of this title;
(B) shall be included, for the purpose of a liquidation sale, in the same manner as any other advance allowed by the Secretary; and
(C) shall not be claimed under the guaranty or increase the Secretarys cost of acquisition of the property securing the defaulted loan.
(4) A holder of a loan guaranteed under such chapter for which the Secretary makes a partial claim under this section shall apply the amount paid by the Secretary for the partial claim first to arrearages, if any, on the guaranteed loan. Such arrearages may include any additional costs (such as taxes, insurance premiums, or homeowners dues) the Secretary determines necessary to prevent or resolve a default.
(5) The Secretary may enter into a contract with an appropriate entity for the service of a partial claim made by the Secretary under this section. Any such contract shall provide that such entity shall provide quarterly statements to the holder of the loan for which the Secretary makes the partial claim.
(d) Requirements of Loan Holder.— (1) The Secretary may require the holder of a loan for which the Secretary makes a partial claim under this section to take any actions necessary to establish the partial claim, including preparing, executing, transmitting, receiving, and recording loan documents and servicing the loan.
(2) The Secretary shall compensate the holder of such a loan appropriately, as determined by the Secretary, for the services required of such holder under this subsection.
(3) The Secretary may exercise the authority of the Secretary under this subsection without regard to any other provision of law not enacted expressly in limitation of this section that would otherwise govern the expenditure of public funds.
(e) Default and Foreclosure.— (1) (A) Notwithstanding section 3703(e) of this title, a borrower who defaults on a partial claim shall be liable to the Secretary for any loss suffered by the Secretary with respect to such default, and such loss may be recovered in the same manner as any other debt due the United States. The Secretary shall not restore housing loan entitlement under section 3702(b) of this title until such loss is repaid in full.
(B) The Secretary may charge administrative costs, fees, and interest, as appropriate, with respect to any default under a partial claim in a manner similar to the interest and administrative costs charged under section 5315 of this title.
(2) Notwithstanding section 2410 of title 28, a non-judicial sale of real property to satisfy a loan guaranteed under this chapter shall discharge the property from a partial claim interest held by the Secretary, provided that the holder of the guaranteed loan conducts the non-judicial sale and distributes the sale proceeds, if any, in accordance with the State or local law where such property is situated.
(f) Decisions by the Secretary.— (1) Any partial claim made under this section shall be made in the sole discretion of the Secretary and on terms and conditions acceptable to the Secretary that are consistent with this section.
(2) Any decision by the Secretary under this section is final and conclusive and is not subject to judicial review.
(3) For purposes of section 511 of this title, any decision under this section shall not be treated as a decision under a law that affects the provision of benefits.
(g) Compliance.— (1) The Secretary may establish standards for processing payments under this section based on a certification by a holder of a loan guaranteed under such chapter that the holder has complied with all applicable requirements established by the Secretary.
(2) The Secretary shall carry out, on a random-sampling basis, post-payment audits to ensure compliance with all requirements under paragraph (1).
(h) Guidance in Advance of Regulations.— Notwithstanding any other provision of law, the Secretary may, before prescribing regulations, issue administrative guidance with respect to the Partial Claim Program under this section and the loss mitigation options prescribed under section 3732(d) of this title, including any additional terms, conditions, and requirements the Secretary determines necessary.
(i) Rule of Construction.— Nothing in this section shall be construed to limit the authority of the Secretary under subsections (a) and (d) of section 3732 of this title.
(j) Termination.— The Secretary may not make a partial claim under this section after the date that is five years after the date of the enactment of this section.
(Added Pub. L. 11931, § 3(a), July 30, 2025, 139 Stat. 476; amended Pub. L. 11937, div. G, title III, § 7307(b)—(e), Nov. 12, 2025, 139 Stat. 651, 652.)
## Notes
Editorial Notes
References in TextThe date of the enactment of this section, referred to in subsec. (j), is the date of enactment of Pub. L. 11931, which was approved July 30, 2025.
Amendments2025—Subsec. (b)(2). Pub. L. 11937, § 7307(b)(1), substituted “amount of indebtedness under the guaranteed loan that the Secretary does not purchase” for “first lien guaranteed loan for such property”. Subsec. (c)(2)(B)(ii). Pub. L. 11937, § 7307(b)(2)(A), substituted “180 days” for “120 days”. Subsec. (c)(3). Pub. L. 11937, § 7307(b)(2)(B), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “An amount paid to the holder of a loan as a partial claim— “(A) shall not count against the amount of a loan that may otherwise be guaranteed under this chapter; and “(B) may not be applied to the portion of the loan that is guaranteed under this chapter.” Subsec. (d)(1). Pub. L. 11937, § 7307(c), inserted “and servicing the loan” after “documents”. Subsec. (e)(1)(A). Pub. L. 11937, § 7307(d)(1)(A), substituted “a borrower who defaults on a partial claim shall be liable to the Secretary for any loss suffered by the Secretary with respect to such default, and such loss may be recovered in the same manner as any other debt due the United States. The Secretary shall not restore housing loan entitlement under section 3702(b) of this title until such loss is repaid in full.” for “an individual who defaults on a loan for which the Secretary makes a partial claim made under this section shall be liable to the Secretary for any loss suffered by the Secretary resulting from such default.” Subsec. (e)(1)(B). Pub. L. 11937, § 7307(d)(1)(B), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “In the event of default by an individual on a loan for which the Secretary makes a partial claim made under this section, the Secretary may reduce the aggregate amount of guaranty or insurance housing loan entitlement available to the individual under this chapter.” Subsec. (e)(2). Pub. L. 11937, § 7307(d)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Notwithstanding section 2410(c) of title 28, an action to foreclose a lien held by the United States arising under a partial claim made under this section shall follow foreclosure procedures in accordance with State or local law where the property involved is located.” Subsec. (h). Pub. L. 11937, § 7307(e), amended subsec. (h) generally. Prior to amendment, text read as follows: “(1) With respect to a loan described in paragraph (2), the Secretary may— “(A) before prescribing regulations, issue administrative guidance regarding the making of a partial claim relating to such loan; and “(B) establish, through such guidance, additional requirements applicable to such a partial claim. “(2) A loan described in this paragraph is a loan that the Secretary determines was in default on the date of the enactment of this section.”
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# 38 U.S.C. § 3741 - Definitions
## Text
For the purposes of this subchapter—
(1) The term “disabled veteran” means (A) a veteran who is entitled to compensation under laws administered by the Secretary for a disability rated at 30 percent or more, or (B) a veteran whose discharge or release from active duty was for a disability incurred or aggravated in line of duty.
(2) The term “veteran of the Vietnam era” means a person (A) who served on active duty for a period of more than 180 days, any part of which occurred during the Vietnam era, and who was discharged or released therefrom with other than a dishonorable discharge, or (B) who was discharged or released from active duty for a service-connected disability if any part of such active duty was performed during the Vietnam era.
(Added Pub. L. 9772, title III, § 302(a), Nov. 3, 1981, 95 Stat. 1055, § 1841; amended Pub. L. 99576, title VII, § 702(9), Oct. 28, 1986, 100 Stat. 3302; renumbered § 3741 and amended Pub. L. 10283, §§ 4(a)(1), 5(a), Aug. 6, 1991, 105 Stat. 403, 406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283, § 5(a), renumbered section 1841 of this title as this section. Par. (1). Pub. L. 10283, § 4(a)(1), substituted “administered by the Secretary” for “administered by the Veterans Administration”. 1986—Pub. L. 99576 substituted “percent” for “per centum” in par. (1) and “180” for “one hundred and eighty” in par. (2).
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 9772, title III, § 305, Nov. 3, 1981, 95 Stat. 1060, provided that: “The amendments made by this title [see Tables for classification] shall take effect at the end of the one-hundred-and-eighty-day period beginning on the date of the enactment of this Act [Nov. 3, 1981], except that the authority of the Administrator of Veterans Affairs to promulgate regulations under subchapter IV of chapter 37 of title 38, United States Code (as added by section 302), shall take effect on such date of enactment.”
Short TitleFor short title of title III of Pub. L. 9772, which enacted this subchapter, as the “Veterans Small Business Loan Act of 1981”, see section 301 of Pub. L. 9772, set out as a Short Title of 1981 Amendments note under section 101 of this title.
Authorization of AppropriationsPub. L. 9772, title III, § 304, Nov. 3, 1981, 95 Stat. 1060, authorized to be appropriated a total of $750,000 for fiscal years 1982 through 1986 for use by Administrator of Veterans Affairs for expenses incidental to establishment of small business loan program authorized by subchapter IV of this chapter.
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# 38 U.S.C. § 3742 - Small business loan program
## Text
(a) (1) Subject to subsection (b) of this section, the Secretary may provide financial assistance to veterans small business concerns for the purpose of (A) financing plant construction, conversion, or expansion (including the acquisition of land), (B) financing the acquisition of equipment, facilities, machinery, supplies, or materials, or (C) supplying such concerns with working capital.
(2) Subject to paragraph (3)(A) of this subsection, financial assistance under this section may be provided in the form of (A) loan guaranties, or (B) direct loans.
(3) The Secretary shall specify in regulations the criteria to be met for a business concern to qualify as a veterans small business concern for the purposes of this subchapter. Such regulations shall include requirements—
(A) that at least 51 percent of a business concern must be owned by individuals who are veterans of the Vietnam era or disabled veterans in order for such concern to qualify for a loan guaranty and that at least 51 percent of a business concern must be owned by disabled veterans in order for such concern to qualify for a direct loan; and
(B) that the management and daily business operations of the concern must be directed by one or more of the veterans whose ownership interest is part of the majority ownership for the purposes of meeting the requirement in clause (A) of this paragraph.
(b) The availability of financial assistance under subsection (a) of this section is subject to the following limitations:
(1) The Secretary may not make a direct loan under this section unless the veterans small business concern applying for the loan shows to the satisfaction of the Secretary that the concern is unable to obtain a loan guaranteed by the Department under this section or made or guaranteed by the Small Business Administration.
(2) The Secretary may not guarantee a loan under this section if the loan bears a rate of interest in excess of the maximum rate of interest prescribed under section 3745 of this title.
(3) The Secretary may not make or guarantee a loan under this section for an amount in excess of $200,000.
(4) The original liability of the Secretary on any loan guaranteed under this section may not exceed 90 percent of the amount of the loan, and such liability shall decrease or increase pro rata with any decrease or increase of the amount of the unpaid portion of the loan, but such liability may not exceed the amount of the original guaranty.
(c) Each loan made or guaranteed under this subchapter shall be of such sound value, taking into account the creditworthiness of the veterans small business concern (and the individual owners) applying for such loan, or so secured as reasonably to assure payment.
(d) (1) Except as provided in paragraph (2) of this subsection, the Secretary may not make or guarantee a loan under this subchapter to a veterans small business concern in which an ownership interest is held by a veteran who also has an ownership interest in another small business concern if such ownership interest was considered in qualifying that other concern for an outstanding loan made or guaranteed under this subchapter or the Small Business Act (15 U.S.C. 631 et seq.).
(2) Paragraph (1) of this subsection shall not apply if 51 percent or more of the business concern seeking a direct or guaranteed loan under this subchapter is owned by veterans of the Vietnam era or disabled veterans without including the ownership interest of the veteran whose ownership interest in another small business concern was previously considered in qualifying that other concern for an outstanding guaranteed or direct business loan under this subchapter or the Small Business Act (15 U.S.C. 631 et seq.).
(e) (1) In order to protect the interest of the United States, upon application by a veterans small business concern which is the recipient of a loan guaranteed under this subchapter, the Secretary (subject to the provisions of this subsection) may undertake the veterans small business concerns obligation to make payments under such loan or, if the loan was a direct loan made by the Secretary, may suspend such obligation. While such payments are being made by the Secretary pursuant to the undertaking of such obligation or while such obligation is suspended, no such payment with respect to the loan may be required from the concern.
(2) The Secretary may undertake or suspend a veterans small business concerns obligation under this subsection only if—
(A) such undertaking or suspension of the obligation is, in the judgment of the Secretary, necessary to protect the interest of the United States;
(B) with the undertaking or suspension of the obligation, the small business concern would, in the judgment of the Secretary, become or remain a viable small business entity; and
(C) the small business concern executes an agreement in writing satisfactory to the Secretary as provided by paragraph (4) of this subsection.
(3) The period of time for which the Secretary undertakes or suspends the obligation on a loan under this subsection may not exceed five years. The Secretary may extend the maturity of any loan on which the Secretary undertakes or suspends the obligation under this subsection for a corresponding period of time.
(4) (A) Before the Secretary may undertake or suspend a veterans small business concerns obligation under this subsection, the Secretary shall require the small business concern to execute an agreement to repay the aggregate amount of the payments which were required under the loan during the period for which the obligation was undertaken or suspended—
(i) by periodic payments not less in amount or less frequently falling due than those which were due under the loan during such period,
(ii) pursuant to a repayment schedule agreed upon by the Secretary and the small business concern, or
(iii) by a combination of the method of payments described in clauses (i) and (ii) of this subparagraph.
(B) In addition to requiring the small business concern to execute the agreement described in subparagraph (A) of this paragraph, the Secretary shall, before the undertaking or suspension of the obligation, take such action and require the small business concern to take such action as the Secretary considers appropriate in the circumstances, including the provision of such security as the Secretary considers necessary or appropriate, to assure that the rights and interest of the United States and any lender will be safeguarded adequately during and after the period in which such obligation is so undertaken or suspended.
(Added Pub. L. 9772, title III, § 302(a), Nov. 3, 1981, 95 Stat. 1055, § 1842; amended Pub. L. 99576, title VII, § 702(10), Oct. 28, 1986, 100 Stat. 3302; Pub. L. 101237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 3742 and amended Pub. L. 10283, §§ 4(a)(3), (4), 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 404, 406.)
## Notes
Editorial Notes
References in TextThe Small Business Act, referred to in subsec. (d), is Pub. L. 85536, § 2(1 et seq.), July 18, 1958, 72 Stat. 384, which is classified generally to chapter 14A (§ 631 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 631 of Title 15 and Tables.
Amendments1991—Pub. L. 10283, § 5(a), renumbered section 1842 of this title as this section. Subsec. (b)(1). Pub. L. 10283, § 4(a)(3), (4), substituted “Department” for “Veterans Administration”. Subsec. (b)(2). Pub. L. 10283, § 5(c)(1), substituted “3745” for “1845”. 1989—Subsecs. (a), (b), (d), (e). Pub. L. 101237 substituted “Secretary” for “Administrator” wherever appearing. 1986—Subsecs. (a)(3)(A), (b)(4), (d)(2). Pub. L. 99576 substituted “percent” for “per centum” wherever appearing.
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---
# 38 U.S.C. § 3743 - Liability on loans
## Text
Each individual who has an ownership interest in a veterans small business concern that is provided a direct loan under this subchapter, or that obtains a loan guaranteed under this subchapter, shall execute a note or other document evidencing the direct or guaranteed business loan, and such individuals shall be jointly and severally liable to the United States for the amount of such direct loan or, in the case of a guaranteed loan, for any amount paid by the Secretary on account of such loan.
(Added Pub. L. 9772, title III, § 302(a), Nov. 3, 1981, 95 Stat. 1057, § 1843; amended Pub. L. 101237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 3743, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283 renumbered section 1843 of this title as this section. 1989—Pub. L. 101237 substituted “Secretary” for “Administrator”.
@@ -0,0 +1,45 @@
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title_name: "VETERANS BENEFITS"
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# 38 U.S.C. § 3744 - Approval of loans by the Secretary
## Text
(a) Except as provided in subsection (b) of this section, a loan may not be guaranteed under this subchapter unless, before the closing of the loan, it is submitted to the Secretary for approval and the Secretary grants approval.
(b) The Secretary may exempt any lender of a class of lenders listed in section 3702(d) of this title from the prior approval requirement in subsection (a) of this section if the Secretary determines that the experience of such lender or class of lenders warrants such exemption.
(c) The Secretary may at any time upon thirty days notice require loans to be made by any lender or class of lenders under this subchapter to be submitted to the Secretary for prior approval. No guaranty shall exist with respect to any such loan unless evidence of the guaranty is issued by the Secretary.
(Added Pub. L. 9772, title III, § 302(a), Nov. 3, 1981, 95 Stat. 1057, § 1844; amended Pub. L. 101237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 3744 and amended Pub. L. 10283, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283, § 5(a), renumbered section 1844 of this title as this section. Subsec. (b). Pub. L. 10283, § 5(c)(1), substituted “3702(d)” for “1802(d)”. 1989—Pub. L. 101237 substituted “Secretary” for “Administrator” in section catchline and wherever appearing in text.
@@ -0,0 +1,43 @@
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# 38 U.S.C. § 3745 - Interest on loans
## Text
(a) Loans guaranteed under this subchapter shall bear interest not in excess of such rate as the Secretary may from time to time find the loan market demands. In establishing the rate of interest that shall be applicable to such loans, the Secretary shall consult with the Administrator of the Small Business Administration.
(b) The rate of interest on any direct loan made by the Secretary under this subchapter may not exceed the maximum rate in effect under subsection (a) of this section at the time the direct loan is made.
(Added Pub. L. 9772, title III, § 302(a), Nov. 3, 1981, 95 Stat. 1058, § 1845; amended Pub. L. 101237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 3745 and amended Pub. L. 10283, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404406; Pub. L. 103446, title XII, § 1201(a)(3), Nov. 2, 1994, 108 Stat. 4682.)
## Notes
Editorial Notes
Amendments1994—Subsec. (a). Pub. L. 103446 substituted “Administrator” for “Secretary” before “of the Small Business Administration”. 1991—Pub. L. 10283, § 5(a), renumbered section 1845 of this title as this section. Subsec. (a). Pub. L. 10283, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” before “of the Small Business Administration”. 1989—Pub. L. 101237 substituted “Secretary” for “Administrator” wherever appearing other than third place it appears in subsec. (a).
@@ -0,0 +1,41 @@
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# 38 U.S.C. § 3746 - Maturity of loans
## Text
The maturity of a loan made or guaranteed under this subchapter that is used in whole or in part for the construction, conversion, or expansion of facilities or for acquisition of real property may not exceed twenty years plus such additional reasonable time as the Secretary may determine, at the time the loan is made, is required to complete the construction, acquisition, or expansion of such facilities. The maturity of any other loan made or guaranteed under this subchapter may not exceed ten years.
(Added Pub. L. 9772, title III, § 302(a), Nov. 3, 1981, 95 Stat. 1058, § 1846; amended Pub. L. 101237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 3746, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283 renumbered section 1846 of this title as this section. 1989—Pub. L. 101237 substituted “Secretary” for “Administrator”.
@@ -0,0 +1,41 @@
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---
# 38 U.S.C. § 3747 - Eligible financial institutions
## Text
The Secretary may not guarantee under this subchapter a loan made by an entity not subject to examination and supervision by an agency of the United States or of a State.
(Added Pub. L. 9772, title III, § 302(a), Nov. 3, 1981, 95 Stat. 1058, § 1847; amended Pub. L. 101237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 3747, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283 renumbered section 1847 of this title as this section. 1989—Pub. L. 101237 substituted “Secretary” for “Administrator”.
@@ -0,0 +1,41 @@
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title_number: 38
title_name: "VETERANS BENEFITS"
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---
# 38 U.S.C. § 3748 - Preference for disabled veterans
## Text
In the extension of financial assistance under this subchapter, the Secretary shall give preference, first, to veterans small business concerns in which disabled veterans who have successfully completed a vocational rehabilitation program for self-employment in a small business enterprise under chapter 31 of this title have a significant ownership interest, and, second, to veterans small business concerns in which other disabled veterans have a significant ownership interest.
(Added Pub. L. 9772, title III, § 302(a), Nov. 3, 1981, 95 Stat. 1058, § 1848; amended Pub. L. 101237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 3748, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283 renumbered section 1848 of this title as this section. 1989—Pub. L. 101237 substituted “Secretary” for “Administrator”.
@@ -0,0 +1,51 @@
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---
# 38 U.S.C. § 3749 - Revolving fund
## Text
(a) There is established in the Treasury a revolving fund to be known as the “Department of Veterans Affairs Small Business Loan Revolving Fund” (hereinafter in this section referred to as the “fund”).
(b) Amounts in the fund shall be available to the Secretary without fiscal year limitation for all loan guaranty and direct loan operations under this subchapter other than administrative expenses and may not be used for any other purpose.
(c) (1) There is authorized to be appropriated to the fund a total of $25,000,000.
(2) There shall be deposited into the fund all amounts received by the Secretary derived from loan operations under this subchapter, including all collection of principal and interest and the proceeds from the use of property held or of property sold.
(d) The Secretary shall determine annually whether there has developed in the fund a surplus which, in the Secretarys judgment, is more than necessary to meet the needs of the fund. Any such surplus shall immediately be transferred into the general fund of the Treasury.
(e) Not later than two years after the termination of the authority of the Secretary to make new commitments for financial assistance under this subchapter, the Secretary shall transfer into the general fund of the Treasury all amounts in the fund except those that the Secretary determines may be required for the liquidation of obligations under this subchapter. All amounts received thereafter derived from loan operations under this subchapter, except so much thereof as the Secretary may determine to be necessary for liquidating outstanding obligations under this subchapter, shall also be so deposited.
(Added Pub. L. 9772, title III, § 302(a), Nov. 3, 1981, 95 Stat. 1058, § 1849; amended Pub. L. 99576, title VII, § 702(11), Oct. 28, 1986, 100 Stat. 3302; Pub. L. 101237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 3749 and amended Pub. L. 10283, §§ 4(a)(2)(B)(v), 5(a), Aug. 6, 1991, 105 Stat. 403, 406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283, § 5(a), renumbered section 1849 of this title as this section. Subsec. (a). Pub. L. 10283, § 4(a)(2)(B)(v), substituted “Department of Veterans Affairs” for “Veterans Administration”. 1989—Subsecs. (b) to (e). Pub. L. 101237 substituted “Secretary” and “Secretarys” for “Administrator” and “Administrators”, respectively, wherever appearing. 1986—Subsec. (c)(1). Pub. L. 99576 substituted “There” for “Effective for fiscal year 1982 and fiscal years thereafter, there”.
@@ -0,0 +1,41 @@
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# 38 U.S.C. § 3750 - Incorporation of other provisions by the Secretary
## Text
The Secretary may provide that the provisions of sections of other subchapters of this chapter that are not otherwise applicable to loans made or guaranteed under this subchapter shall be applicable to loans made or guaranteed under this subchapter. The Secretary shall exercise authority under the preceding sentence by regulations prescribed after publication in the Federal Register and a period of not less than thirty days for public comment.
(Added Pub. L. 9772, title III, § 302(a), Nov. 3, 1981, 95 Stat. 1059, § 1850; amended Pub. L. 101237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 3750, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283 renumbered section 1850 of this title as this section. 1989—Pub. L. 101237 substituted “Secretary” for “Administrator” in section catchline and wherever appearing in text.
@@ -0,0 +1,41 @@
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# 38 U.S.C. § 3751 - Termination of program
## Text
The Secretary may not make commitments for financial assistance under this subchapter after September 30, 1986.
(Added Pub. L. 9772, title III, § 302(a), Nov. 3, 1981, 95 Stat. 1059, § 1851; amended Pub. L. 101237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 3751, Pub. L. 10283, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
## Notes
Editorial Notes
Amendments1991—Pub. L. 10283 renumbered section 1851 of this title as this section. 1989—Pub. L. 101237 substituted “Secretary” for “Administrator”.
@@ -0,0 +1,53 @@
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# 38 U.S.C. § 3761 - Direct housing loans to Native American veterans; program authority
## Text
(a) The Secretary shall make direct housing loans to Native American veterans. The purpose of such loans is to permit such veterans to purchase, construct, or improve dwellings on trust land. The Secretary shall make such loans in accordance with the provisions of this subchapter.
(b) The Secretary shall, to the extent practicable, make direct housing loans to Native American veterans who are located in a variety of geographic areas and in areas experiencing a variety of economic circumstances.
(c) The Secretary shall prescribe such regulations as may be necessary to carry out this subchapter.
(Added Pub. L. 102547, § 8(a), Oct. 28, 1992, 106 Stat. 3636; amended Pub. L. 105114, title II, § 201(a), Nov. 21, 1997, 111 Stat. 2282; Pub. L. 107103, title IV, § 402(a), Dec. 27, 2001, 115 Stat. 993; Pub. L. 108454, title IV, § 407, Dec. 10, 2004, 118 Stat. 3617; Pub. L. 109233, title I, § 103(a), (f)(2), June 15, 2006, 120 Stat. 399, 400; Pub. L. 118210, title II, § 231(g), Jan. 2, 2025, 138 Stat. 2787.)
## Notes
Editorial Notes
Amendments2025—Subsec. (c). Pub. L. 118210 added subsec. (c). 2006—Pub. L. 109233, § 103(f)(2), amended section catchline generally, substituting “Direct housing loans to Native American veterans; program authority” for “Pilot program”. Subsec. (a). Pub. L. 109233, § 103(a)(1), struck out “establish and implement a pilot program under which the Secretary may” before “make direct housing loans” and substituted “shall make such loans” for “shall establish and implement the pilot program”. Subsec. (b). Pub. L. 109233, § 103(a)(2), substituted “The” for “In carrying out the pilot program under this subchapter, the”. Subsec. (c). Pub. L. 109233, § 103(a)(3), struck out subsec. (c) which read as follows: “No loans may be made under this subchapter after December 31, 2008.” 2004—Subsec. (c). Pub. L. 108454 substituted “December 31, 2008” for “December 31, 2005”. 2001—Subsec. (c). Pub. L. 107103 substituted “December 31, 2005” for “December 31, 2001”. 1997—Subsec. (c). Pub. L. 105114 substituted “December 31, 2001” for “September 30, 1997”.
Statutory Notes and Related Subsidiaries
Consultation With Advisory Committee on Native-American VeteransPub. L. 102547, § 8(b), Oct. 28, 1992, 106 Stat. 3640, which required the Secretary of Veterans Affairs to consider the views and recommendations, if any, of the Advisory Committee on Native-American Veterans in carrying out the direct housing loan pilot program, was repealed by Pub. L. 109233, title I, § 103(c)(2), June 15, 2006, 120 Stat. 400.
Annual Reports on Pilot ProgramPub. L. 102547, § 8(d), Oct. 28, 1992, 106 Stat. 3640, directed Secretary of Veterans Affairs to transmit report relating to implementation of Native American veterans direct housing loan pilot program established under this subchapter to Committees on Veterans Affairs of Senate and House of Representatives not later than Feb. 1 of each of years 1994 through 1998, prior to repeal by Pub. L. 104110, title II, § 201(b), Feb. 13, 1996, 110 Stat. 770.
Authorization of Appropriations for Native American Veteran Housing LoansPub. L. 102547, § 8(e), Oct. 28, 1992, 106 Stat. 3640, provided that: “New direct loan obligations for Native American veteran housing loans under subchapter V of chapter 37 of title 38, United States Code (as added by subsection (a)), may be incurred only to the extent that appropriations of budget authority to cover the anticipated cost, as defined in section 502 of the Congressional Budget Act of 1974 [2 U.S.C. 661a], for such loans are made in advance. There is authorized to be appropriated for such purpose $5,000,000 for fiscal year 1993, which amount shall remain available without fiscal year limitation.”
@@ -0,0 +1,185 @@
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description: "Direct housing loans to Native American veterans; program administration"
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# 38 U.S.C. § 3762 - Direct housing loans to Native American veterans; program administration
## Text
(a) The Secretary may make a direct housing loan to a Native American veteran under this subchapter if the Secretary ensures the following:
(1) That each Native American veteran to whom the Secretary makes a direct housing loan under this subchapter—
(A) holds, possesses, or purchases using the proceeds of the loan a meaningful interest in a lot or dwelling (or both) that is located on trust land; and
(B) will purchase, construct, or improve (as the case may be) a dwelling on the lot using the proceeds of the loan.
(2) That each such Native American veteran will convey to the Secretary by an appropriate instrument the interest referred to in paragraph (1)(A) as security for a direct housing loan under this subchapter.
(3) That the Secretary, including the Secretarys employees or agents, may enter upon the trust land for the purposes of carrying out such actions as the Secretary determines are necessary, including—
(A) to evaluate the advisability of the loan;
(B) to monitor any purchase, construction, or improvements carried out using the proceeds of the loan; and
(C) to manage any servicing or post-foreclosure activities, including acquisition, property inspections, and property management.
(4) That there are established standards and procedures that apply to the foreclosure of the interest conveyed by a Native American veteran pursuant to paragraph (2), including—
(A) procedures for foreclosing the interest; and
(B) procedures for the resale of the lot or dwelling (or both) purchased, constructed, or improved using the proceeds of the loan.
(5) That the loan is made in a responsible and prudent manner, subject to standards and procedures as are necessary for the reasonable protection of the financial interests of the United States.
(b) (1) To carry out the purpose of subsection (a), the Secretary may—
(A) enter into a memorandum of understanding with a tribal organization, other entity, or individual;
(B) rely on agreements or determinations of other Federal agencies to guarantee, insure, or make loans on trust land; and
(C) enter into other agreements or take such other actions as the Secretary determines necessary.
(2) If the Secretary determines that the requirements under subsection (a) are not being enforced by a tribal organization, other entity, or individual that is a party to any memorandum of understanding, agreement, or determination described in paragraph (1), the Secretary may cease making new direct housing loans to Native American veterans under this subchapter within the area of the authority of the tribal organization, other entity, or individual (as the case may be).
(c) (1) Loans made under this section shall bear interest at a rate determined by the Secretary, which rate may not exceed the appropriate rate authorized for guaranteed loans under section 3703(c)(1) or section 3712(f) of this title, and shall be subject to such requirements or limitations prescribed for loans guaranteed under this title as the Secretary may prescribe.
(2) Notwithstanding section 3704(a) of this title, the Secretary shall establish minimum requirements for planning, construction, improvement, and general acceptability relating to any direct loan made under this section.
(d) (1) The Secretary shall establish credit underwriting standards to be used in evaluating loans made under this subchapter. In establishing such standards, the Secretary shall take into account the purpose of this program to make available housing to Native American veterans living on trust lands.
(2) The Secretary shall determine the reasonable value of the interest in property that will serve as security for a loan made under this section and shall establish procedures for appraisals upon which the Secretary may base such determinations. The procedures shall incorporate generally the relevant requirements of section 3731 of this title, unless the Secretary determines that such requirements are impracticable to implement in a geographic area, on particular trust lands, or under circumstances specified by the Secretary.
(e) Loans made under this section shall be repaid in monthly installments.
(f) In connection with any loan under this section, the Secretary may make advances in cash to provide for repairs, alterations, and improvements and to meet incidental expenses of the loan transaction. The Secretary shall determine the amount of any expenses incident to the origination of loans made under this section, which expenses, or a reasonable flat allowance in lieu thereof, shall be paid by the veteran in addition to the loan closing costs.
(g) Without regard to any provision of this chapter (other than a provision of this section), the Secretary may—
(1) take any action that the Secretary determines to be necessary with respect to the custody, management, protection, and realization or sale of investments under this section;
(2) determine any necessary expenses and expenditures and the manner in which such expenses and expenditures shall be incurred, allowed, and paid;
(3) make such rules, regulations, and orders as the Secretary considers necessary for carrying out the Secretarys functions under this section; and
(4) in a manner consistent with the provisions of this chapter and with the Secretarys functions under this subchapter, employ, utilize, and compensate any persons, organizations, or departments or agencies (including departments and agencies of the United States) designated by the Secretary to carry out such functions.
(h) The Secretary may make direct loans to Native American veterans in order to enable such veterans to refinance existing mortgage loans for any of the following purposes:
(1) To refinance an existing loan made under this section, if the loan—
(A) meets the requirements set forth in subparagraphs (B), (C), and (E) of paragraph (1) of section 3710(e) of this title;
(B) will bear an interest rate at least one percentage point less than the interest rate borne by the loan being refinanced; and
(C) complies with paragraphs (2) and (3) of section 3710(e) of this title, except that for the purposes of this subsection the reference to subsection (a)(8) of section 3710 of this title in such paragraphs (2) 11 So in original. Reference in section 3710(e)(2) of this title is to “clause (8) of subsection (a)” of section 3710. and (3) shall be deemed to be a reference to this subsection.
(2) To refinance an existing mortgage loan not made under this section on a dwelling owned and occupied by the veteran as the veterans home, if all of the following requirements are met:
(A) The loan will be secured by the same dwelling as was the loan being refinanced.
(B) The loan will provide the veteran with a net tangible benefit.
(C) The nature and condition of the property is such as to be suitable for dwelling purposes.
(D) The amount of the loan does not exceed either of the following:
(i) 100 percent of the reasonable value of the dwelling, with such reasonable value determined under the procedures established by the Secretary under subsection (d)(2).
(ii) An amount equal to the sum of the balance of the loan being refinanced and such closing costs (including any discount points) as may be authorized by the Secretary to be included in the loan.
(E) Notwithstanding subparagraph (D), if a loan is made for both the purpose of this paragraph and to make energy efficiency improvements, the loan must not exceed either of the following:
(i) 100 percent of the reasonable value of the dwelling as improved for energy efficiency, with such reasonable value determined under the procedures established by the Secretary under subsection (d)(2).
(ii) The amount referred to under subparagraph (D)(ii), plus the applicable amount specified under section 3710(d)(2) of this title.
(F) The loan meets all other requirements the Secretary may establish under this subchapter.
(G) The existing mortgage being refinanced is a first lien on the property and secured of record.
(3) To refinance an existing mortgage loan to repair, alter, or improve a dwelling owned by the veteran and occupied by the veteran as the veterans home, if all of the following requirements are met:
(A) The loan will be secured by the same dwelling as was the loan being refinanced.
(B) The nature and condition of the property is such as to be suitable for dwelling purposes, and the repair, alteration, or improvement substantially protects or improves the basic livability or utility of such property.
(C) The amount of the loan, including the costs of repairs, alterations, and improvements, does not exceed either of the following:
(i) 100 percent of the reasonable value of the dwelling as repaired, altered, or improved, with such reasonable value determined under the procedures established by the Secretary under subsection (d)(2).
(ii) An amount equal to the sum of—
(I) the balance of the loan being refinanced;
(II) the actual cost of repairs, alterations, or improvements; and
(III) such closing costs (including any discount points) as may be authorized by the Secretary to be included in the loan.
(D) The loan meets all other requirements the Secretary may establish under this subchapter.
(E) The existing mortgage loan being refinanced is a first lien on the property and secured of record.
(i) (1) The Secretary shall, in consultation with tribal organizations (including the National Congress of American Indians and the National American Indian Housing Council), carry out an outreach program to inform and educate Native American veterans of the availability of direct housing loans for Native American veterans who live on trust lands.
(2) Activities under the outreach program shall include the following:
(A) Attending conferences and conventions conducted by the National Congress of American Indians in order to work with the National Congress in providing information and training to tribal organizations and Native American veterans regarding the availability of housing benefits under this subchapter and in assisting such organizations and veterans with respect to such housing benefits.
(B) Attending conferences and conventions conducted by the National American Indian Housing Council in order to work with the Housing Council in providing information and training to tribal organizations and tribal housing entities regarding the availability of such benefits.
(C) Attending conferences and conventions conducted by the Department of Hawaiian Homelands in order to work with the Department of Hawaiian Homelands in providing information and training to tribal housing entities in Hawaii regarding the availability of such benefits.
(D) Producing and disseminating information to tribal governments, tribal veterans service organizations, and tribal organizations regarding the availability of such benefits.
(E) Assisting tribal organizations and Native American veterans with respect to such benefits.
(F) Outstationing loan guarantee specialists in tribal facilities on a part-time basis if requested by the tribal government.
(G) Pursuant to subsection (g)(4), assisting Native American veterans in qualifying for mortgage financing by—
(i) partnering with local service providers, such as tribal organizations, tribally designated housing entities, Native community development financial institutions, and nonprofit organizations, for conducting outreach, homebuyer education, housing counseling, and post-purchase education; and
(ii) providing other technical assistance as needed.
(H) Attending conferences and conventions conducted by the network of Native community development financial institutions and other Native American homeownership organizations to provide information and training to Native community development financial institutions about the availability of the relending program under section 3762A of this title.
(j) The Secretary shall include as part of the annual benefits report of the Veterans Benefits Administration information concerning the cost and number of loans provided under this subchapter for the fiscal year covered by the report.
(k) The Secretary shall assign a sufficient number of personnel of the Department dedicated to carrying out the authority of the Secretary under this subchapter, including construction and valuation specialists to assist with issues unique to new construction and renovations on trust land.
(Added Pub. L. 102547, § 8(a), Oct. 28, 1992, 106 Stat. 3637; amended Pub. L. 104275, title II, § 202(a), Oct. 9, 1996, 110 Stat. 3330; Pub. L. 105114, title II, § 201(b), (c), Nov. 21, 1997, 111 Stat. 2282, 2283; Pub. L. 107103, title IV, § 402(b), (c), Dec. 27, 2001, 115 Stat. 993; Pub. L. 109233, title I, § 103(b), (c)(1), (d), (e), (f)(3), June 15, 2006, 120 Stat. 400, 401; Pub. L. 11623, § 6(a)(2), June 25, 2019, 133 Stat. 973; Pub. L. 118210, title II, § 231(a)(d), Jan. 2, 2025, 138 Stat. 27832785.)
## Notes
Editorial Notes
Amendments2025—Subsec. (a). Pub. L. 118210, § 231(a)(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) related to the requirements for the Secretary to make a direct housing loan to a Native American veteran. Subsec. (b). Pub. L. 118210, § 231(a)(2), amended subsec. (b) generally. Prior to amendment, subsec. (b) related to the requirements that each memorandum of understanding the Secretary enters into with a tribal organization must provide. Subsec. (h). Pub. L. 118210, § 231(b), amended subsec. (h) generally. Prior to amendment, subsec. (h) related to when the Secretary may make direct loans to Native American veterans. Subsec. (i)(2)(G), (H). Pub. L. 118210, § 231(c), added subpars. (G) and (H). Subsec. (k). Pub. L. 118210, § 231(d), added subsec. (k). 2019—Subsec. (c). Pub. L. 11623 redesignated pars. (2) and (3) as (1) and (2), respectively, and struck out former par. (1) which set an $80,000 limit, with certain exceptions, on the principal amount of any direct housing loan made to a Native American veteran. 2006—Pub. L. 109233, § 103(f)(3), amended section catchline generally, substituting “Direct housing loans to Native American veterans; program administration” for “Direct housing loans to Native American veterans”. Subsec. (a). Pub. L. 109233, § 103(c)(1)(A), inserted “under this subchapter” after “to a Native American veteran” in introductory provisions. Subsec. (b)(1)(E). Pub. L. 109233, § 103(c)(1)(B), substituted “loans under this subchapter are made” for “the pilot program established under this subchapter is implemented”. Subsec. (c)(1)(A). Pub. L. 109233, § 103(e), inserted “veteran” after “Native American”. Subsec. (c)(1)(B). Pub. L. 109233, § 103(c)(1)(C), (d), designated existing provisions as cl. (i), substituted “Subject to clause (ii), the” for “The” after cl. (i) designation, substituted “make direct housing loans under this subchapter” for “carry out the pilot program under this subchapter in a manner that demonstrates the advisability of making direct housing loans”, and added cl. (ii). Subsec. (i)(1). Pub. L. 109233, § 103(c)(1)(D)(i), struck out “the pilot program provided for under this subchapter and” after “educate Native American veterans of”. Subsec. (i)(2)(A), (E). Pub. L. 109233, § 103(c)(1)(D)(ii), (iii), substituted “under this subchapter and in assisting such organizations and veterans with respect to such housing benefits” for “under the pilot program and in assisting such organizations and veterans in participating in the pilot program” in subpar. (A) and “with respect to such benefits” for “in participating in the pilot program” in subpar. (E). Subsec. (j). Pub. L. 109233, § 103(b), amended subsec. (j) generally. Prior to amendment, subsec. (j) related to the Secretarys transmittal to the Committees on Veterans Affairs of the Senate and House of Representatives of an annual report relating to the implementation of the Native American veteran housing loan pilot program. 2001—Subsec. (a)(1). Pub. L. 107103, § 402(b), designated existing provisions as subpar. (A), substituted “; or” for “; and”, and added subpar. (B). Subsec. (j). Pub. L. 107103, § 402(c), substituted “2006” for “2002” in introductory provisions. 1997—Subsec. (i). Pub. L. 105114, § 201(b), designated existing provisions as par. (1), inserted “, in consultation with tribal organizations (including the National Congress of American Indians and the National American Indian Housing Council),” after “the Secretary shall”, struck out “tribal organizations and” after “educate”, and added par. (2). Subsec. (j). Pub. L. 105114, § 201(c), added subsec. (j). 1996—Subsecs. (h), (i). Pub. L. 104275 added subsec. (h) and redesignated former subsec. (h) as (i).
Statutory Notes and Related Subsidiaries
Effective Date of 2019 AmendmentAmendment by Pub. L. 11623 applicable with respect to a loan guaranteed under section 3710 of this title on or after Jan. 1, 2020, see section 6(d) of Pub. L. 11623, set out as a note under section 3703 of this title.
@@ -0,0 +1,63 @@
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# 38 U.S.C. § 3762A - Native community development financial institution relending program
## Text
(a) Purpose.— The Secretary may make a loan to a Native community development financial institution for the purpose of allowing the institution to relend loan amounts to qualified Native American veterans, subject to the requirements of this section.
(b) Standards.— (1) The Secretary shall establish standards to be used in evaluating whether to make a loan to a Native community development financial institution under this section.
(2) In establishing standards under paragraph (1), the Secretary shall ensure that a Native community development financial institution—
(A) is able to originate and service loans for single-family homes;
(B) is able to operate the relending program in a manner consistent with the mission of the Department to serve veterans; and
(C) uses loan amounts received under this section only for the purpose of relending, as described in subsection (c), to Native American veterans.
(c) Relending Requirements.— (1) A Native community development financial institution that receives a loan under this section shall use the loan amounts to make loans to Native American veterans residing on trust land.
(2) A loan to a Native American veteran made by a Native community development financial institution under paragraph (1) shall—
(A) be limited either to the purpose of purchase, construction, or improvement of a dwelling located on trust land or to the refinance of an existing mortgage loan for a dwelling on trust land, consistent with the requirements of section 3762(h) of this title; and
(B) comply with such terms and conditions as the Secretary determines are necessary to protect against predatory lending, including the interest rate charged on a loan to a Native American veteran.
(d) Repayment.— A loan made to a Native community development financial institution under this section shall—
(1) be payable to the Secretary upon such terms and conditions as are prescribed in regulations pursuant to this subchapter; and
(2) bear interest at a rate of one percent.
(e) Oversight.— Subject to notice and opportunity for a hearing, whenever the Secretary finds with respect to loans made under subsection (a) or (c) that any Native community development financial institution has failed to maintain adequate loan accounting records, to demonstrate proper ability to service loans adequately, or to exercise proper credit judgment, or that such Native community development financial institution has willfully or negligently engaged in practices otherwise detrimental to the interest of veterans or of the Government, the Secretary may take such actions as the Secretary determines necessary to protect veterans or the Government, such as requiring immediate repayment of any loans made under subsection (a) and the assignment to the Secretary of loans made under subsection (c).
(f) Sunset.— The Secretary may not make a loan under this section after September 30, 2027.
(Added Pub. L. 118210, title II, § 232(a), Jan. 2, 2025, 138 Stat. 2787.)
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# 38 U.S.C. § 3763 - Native American Veteran Housing Loan Program Account
## Text
(a) There is hereby established in the Treasury of the United States an account known as the “Native American Veteran Housing Loan Program Account” (hereinafter in this subchapter referred to as the “Account”).
(b) The Account shall be available to the Secretary to carry out all operations relating to the making of direct housing loans to Native American veterans under this subchapter, including any administrative expenses relating to the making of such loans. Amounts in the Account shall be available without fiscal year limitation.
(c) Of amounts available in the Account, the Secretary may use for loans made under section 3762A of this title—
(1) in fiscal year 2025, not more than $5,000,000; and
(2) in any fiscal year after fiscal year 2025, an amount determined necessary by the Secretary to meet the demand for such loans.
(Added Pub. L. 102547, § 8(a), Oct. 28, 1992, 106 Stat. 3639; amended Pub. L. 105368, title VI, § 602(e)(3)(B), Nov. 11, 1998, 112 Stat. 3347; Pub. L. 10714, § 8(a)(16), June 5, 2001, 115 Stat. 35; Pub. L. 118210, title II, § 232(c), Jan. 2, 2025, 138 Stat. 2788.)
## Notes
Editorial Notes
Amendments2025—Subsec. (c). Pub. L. 118210 added subsec. (c). 2001—Subsec. (a). Pub. L. 10714 substituted “hereinafter” for “hereafter”. 1998—Pub. L. 105368 substituted “Native American Veteran Housing Loan Program Account” for “Housing loan program account” in section catchline.
Statutory Notes and Related Subsidiaries
Effective Date of 1998 AmendmentAmendment by Pub. L. 105368 effective Oct. 1, 1998, see section 602(f) of Pub. L. 105368, set out as a note under section 2106 of this title.
@@ -0,0 +1,49 @@
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# 38 U.S.C. § 3764 - Qualified non-Native American veterans
## Text
(a) Treatment of Non-Native American Veterans.— Subject to the succeeding provisions of this section, for purposes of this subchapter—
(1) a qualified non-Native American veteran is deemed to be a Native American veteran; and
(2) for purposes of applicability to a non-Native American veteran, any reference in this subchapter to the jurisdiction of a tribal organization over a Native American veteran is deemed to be a reference to jurisdiction of a tribal organization over the Native American spouse of the qualified non-Native American veteran.
(b) Use of Loan.— In making direct loans under this subchapter to a qualified non-Native American veteran by reason of eligibility under subsection (a), the Secretary shall ensure that the tribal organization permits, and the qualified non-Native American veteran actually holds, possesses, or purchases, using the proceeds of the loan, jointly with the Native American spouse of the qualified non-Native American veteran, a meaningful interest in the lot, dwelling, or both, that is located on trust land.
(c) Restrictions Imposed by Tribal Organizations.— Nothing in subsection (b) shall be construed as precluding a tribal organization from imposing reasonable restrictions on the right of the qualified non-Native American veteran to convey, assign, or otherwise dispose of such interest in the lot or dwelling, or both, if such restrictions are designed to ensure the continuation in trust status of the lot or dwelling, or both. Such requirements may include the termination of the interest of the qualified non-Native American veteran in the lot or dwelling, or both, upon the dissolution of the marriage of the qualified non-Native American veteran to the Native American spouse.
(Added Pub. L. 109233, title I, § 104(a)(2), June 15, 2006, 120 Stat. 401.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 3764 was renumbered section 3765 of this title.
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# 38 U.S.C. § 3765 - Definitions
## Text
For the purposes of this subchapter—
(1) The term “trust land” means any land that—
(A) is held in trust by the United States for Native Americans;
(B) is subject to restrictions on alienation imposed by the United States on Indian lands (including native Hawaiian homelands);
(C) is located in the State of Alaska within a region established under section 7(a) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(a));
(D) is on any island in the Pacific Ocean if such land is, by cultural tradition, communally-owned land, as determined by the Secretary;
(E) is defined by the Secretary of the Interior and recognized by the United States as land over which an Indian Tribe has governmental dominion; or
(F) is on any land that the Secretary determines is provided to Native American veterans because of their status as Native Americans.
(2) The term “Native American veteran” means any veteran who is a Native American.
(3) The term “Native American” means—
(A) an Indian, as defined in section 4(d) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(d)); 11 See References in Text note below.
(B) a native Hawaiian, as that term is defined in section 201(a)(7) of the Hawaiian Homes Commission Act, 1920 (Public Law 6734; 42 Stat. 108);
(C) an Alaska Native, within the meaning provided for the term “Native” in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b)); and
(D) a Pacific Islander, within the meaning of the Native American Programs Act of 1974 (42 U.S.C. 2991 et seq.).
(4) The term “tribal organization” shall have the meaning given such term in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(l)) 1 and shall include the Department of Hawaiian Homelands, in the case of native Hawaiians, and such other organizations as the Secretary may prescribe.
(5) The term “qualified non-Native American veteran” means a veteran who—
(A) is the spouse of a Native American, but
(B) is not a Native American.
(6) The term “community development financial institution” has the meaning given that term in section 103 of the Community Development Banking and Financial Institutions Act of 1994 (12 U.S.C. 4702).
(7) The term “Indian Tribe” means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
(8) The term “Native community development financial institution” means any entity—
(A) that has been certified as a community development financial institution by the Secretary of the Treasury;
(B) that is not less than 51 percent owned or controlled by Native Americans; and
(C) for which not less than 51 percent of the activities of the entity serve Native Americans.
(9) The term “net tangible benefit” shall have such meaning as the Secretary determines appropriate, but shall include the refinance of an interim construction loan.
(10) The term “other technical assistance” means services to assist a Native American veteran to navigate the steps necessary for securing a mortgage loan on trust land, including pre-development activities related to utilities, identifying appropriate residential construction services, and obtaining lease clearances and title status reports from the applicable tribal organization or the Bureau of Indian Affairs.
(11) The term “tribally designated housing entity” has the meaning given that term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103).
(Added Pub. L. 102547, § 8(a), Oct. 28, 1992, 106 Stat. 3639, § 3764; renumbered § 3765 and amended Pub. L. 109233, title I, § 104(a)(1), (b), June 15, 2006, 120 Stat. 401, 402; Pub. L. 118210, title II, § 231(e), Jan. 2, 2025, 138 Stat. 2786.)
## Notes
Editorial Notes
References in TextSection 4(d) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(d)), referred to in par. (3)(A), was classified to section 450b(d) of Title 25, Indians, prior to editorial reclassification as section 5304(d) of Title 25. Section 201(a)(7) of the Hawaiian Homes Commission Act, 1920, referred to in par. (3)(B), was classified to section 692 of Title 48, Territories and Insular Possessions, and was omitted from the Code. The Native American Programs Act of 1974, referred to in par. (3)(D), is title VIII of Pub. L. 88452, as added by Pub. L. 93644, § 11, Jan. 4, 1975, 88 Stat. 2324, which is classified generally to subchapter VIII (§ 2991 et seq.) of chapter 34 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 2991 of Title 42 and Tables. Section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(l)), referred to in par. (4), was classified to section 450b(l) of Title 25, prior to editorial reclassification as section 5304(l) of Title 25. The Alaska Native Claims Settlement Act, referred to in par. (7), is Pub. L. 92203, Dec. 18, 1971, 85 Stat. 688, which is classified generally to chapter 33 (§ 1601 et seq.) of Title 43, Public Lands. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 43 and Tables.
Amendments2025—Par. (1)(C). Pub. L. 118210, § 231(e)(1)(A), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “is owned by a Regional Corporation or a Village Corporation, as such terms are defined in section 3(g) and 3(j) of the Alaska Native Claims Settlement Act, respectively (43 U.S.C. 1602(g), (j)); or”. Par. (1)(E), (F). Pub. L. 118210, § 231(e)(1)(B), (C), added subpars. (E) and (F). Pars. (6) to (11). Pub. L. 118210, § 231(e)(2), added pars. (6) to (11). 2006—Pub. L. 109233, § 104(a)(1), renumbered section 3764 of this title as this section. Par. (5). Pub. L. 109233, § 104(b), added par. (5).
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# 38 U.S.C. § 3771 - Repealed. Pub. L. 10795, § 5(d)(3), Dec. 21, 2001, 115 Stat. 918]
## Notes
Section, added Pub. L. 105368, title VI, § 601(a), Nov. 11, 1998, 112 Stat. 3342; amended Pub. L. 106400, § 2, Oct. 30, 2000, 114 Stat. 1675, defined terms “veteran”, “homeless veteran”, and “homeless individual”, for purposes of this subchapter.
@@ -0,0 +1,31 @@
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# 38 U.S.C. § 3772 to 3775 - Renumbered §§ 2051 to 2054]