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Title 38 — Veterans’ Benefits

Part II · Chapter 21 — Specially Adapted Housing for Disabled Veterans

§ 2106. Veterans’ mortgage life insurance

Statutory text

(a)

The Secretary shall insure any individual under 70 years of age who has received assistance under this chapter against the death of the individual except for an individual who—

(1)

elects in writing to not receive insurance under this section;

(2)

fails to respond in a timely manner to a request from the Secretary for information on which the premium for such insurance can be based; or

(3)

receives such assistance under section 2102B of this title.

(b)

The amount of insurance provided an individual under this section may not exceed the lesser of $150,000, or after , $200,000, or the amount of the loan outstanding on the housing unit. The amount of such insurance shall be reduced according to the amortization schedule of the loan and may not at any time exceed the amount of the outstanding loan with interest. If there is no outstanding loan on the housing unit, insurance is not payable under this section. If an eligible individual elects not to be insured under this section, the individual may thereafter be insured under this section, but only upon submission of an application, payment of required premiums, and compliance with such health requirements and other terms and conditions as may be prescribed by the Secretary.

(c)

The premiums charged an individual for insurance under this section shall be paid at such time and in such manner as the Secretary prescribes. The rates for such premiums shall be based on such mortality data as the Secretary considers appropriate to cover only the mortality cost of insuring standard lives. In the case of an individual receiving compensation or other cash benefits paid to the individual by the Secretary, the Secretary shall deduct from such compensation or other benefits the premiums charged the individual under this section.

(d)
(1)

The United States shall bear the costs of insurance under this section to the extent that such costs exceed premiums established by the Secretary. Premiums collected on insurance under this section shall be credited to the “Veterans Insurance and Indemnities” appropriation account, and all disbursements of insurance proceeds under this section shall be made from that account.

(2)

There are authorized to be appropriated to the Secretary for such account such amounts as may be necessary to carry out this section.

(e)

Any amount of insurance in force under this section on the date of the death of an individual insured under this section shall be paid to the holder of the mortgage loan, for payment of which the insurance was granted, for credit on the loan indebtedness. Any liability of the United States under such insurance shall be satisfied when such payment is made. If the Secretary is the holder of the mortgage loan, the insurance proceeds shall be credited to the loan indebtedness and deposited in the Veterans Housing Benefit Program Fund established by section 3722 of this title.

(f)

The Secretary may prescribe such regulations relating to eligibility for insurance under this section, the maximum amount of insurance, the effective date of insurance, the maximum duration of insurance, and other pertinent matters not specifically provided for in this section as the Secretary determines are in the best interest of veterans or the United States.

(g)

The amount of the insurance in force at any time shall be the amount necessary to pay the mortgage indebtedness in full, except as otherwise limited by subsection (b) of this section or regulations prescribed by the Secretary under this section.

(h)

The Secretary shall issue to each individual insured under this section a certificate setting forth the benefits to which the individual is entitled under the insurance.

(i)

Insurance under this section shall terminate upon whichever of the following events first occurs:

(1)

Satisfaction of the individual’s indebtedness under the loan upon which the insurance is based.

(2)

Termination of the individual’s ownership of the property securing the loan.

(3)

Discontinuance of payment of premiums by the individual.

(j)

Termination of life insurance under this section shall not affect the guaranty or insurance of the loan by the Secretary.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 92–95 § 1 · 85 Stat. 320

    Enacted · 38 U.S.C. § 2106

    Added Pub. L. 92–95, § 1, Aug. 11, 1971, 85 Stat. 320, § 806

    Source evidence

    Code source credit
    Added Pub. L. 92–95, § 1, Aug. 11, 1971, 85 Stat. 320, § 806

  2. Veterans Disability Compensation and Survivor Benefits Act of 1976

    Pub. L. 94–433 title III § 302 · 90 Stat. 1374

    Substituted · 38 U.S.C. § 2106(c)

    Pub. L. 94–433 substituted $40,000 for $30,000

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 94–433 substituted $40,000 for $30,000.

    Enacted provision · exact public law section
    Sec. 302. Section 806 of title 38, United States Code, is amended by striking out in subsection (c) “$30,000,” and inserting in lieu thereof “$40,000,”.

  3. Pub. L. 99–576 § 701(49)(A) · 100 Stat. 3248

    Substituted · 38 U.S.C. § 2106(b)

    Pub. L. 99–576, § 701(49)(A), substituted “the veteran’s” for “his”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 99–576, § 701(49)(A), substituted “the veteran’s” for “his”.

    Enacted provision · exact public law section
    (A) by striking out “his” in subsection (b) and inserting in lieu thereof “the veteran’s”;

  4. Pub. L. 99–576 § 701(49)(B) · 100 Stat. 3248

    Substituted · 38 U.S.C. § 2106(c)

    Pub. L. 99–576, § 701(49)(B), substituted “the veteran” for “he” before “may thereafter”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 99–576, § 701(49)(B), substituted “the veteran” for “he” before “may thereafter”.

    Enacted provision · exact public law section
    (B) by striking out “he” in subsection (c) and inserting in lieu thereof “the veteran”;

  5. Pub. L. 99–576 § 701(49)(C) · 100 Stat. 3248

    Substituted · 38 U.S.C. § 2106(d)

    Pub. L. 99–576, § 701(49)(C), substituted “the veteran’s” for “he” in last sentence

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 99–576, § 701(49)(C), substituted “the veteran’s” for “he” in last sentence.

    Enacted provision · exact public law section
    (C) by striking out “his” in subsection (d) and inserting in lieu thereof “the veteran’s”;

  6. Pub. L. 99–576 § 701(49)(D)(i) · 100 Stat. 3248

    1. Substituted · 38 U.S.C. § 2106(g)(2)

      Pub. L. 99–576, § 701(49)(D)(i), substituted “the Administrator” for “he” in two places

    2. Substituted · 38 U.S.C. § 2106(g)(2)

      Pub. L. 99–576, § 701(49)(D)(i), substituted “the Administrator’s” for “his” in two places

    3. Substituted · 38 U.S.C. § 2106(g)(2)

      Pub. L. 99–576, § 701(49)(D)(i), substituted “the Administrator” for “him” in two places

    Source evidence

    Code amendment note
    Subsec. (g)(2). Pub. L. 99–576, § 701(49)(D)(i), substituted “the Administrator” for “he” in two places, “the Administrator’s” for “his”, and “the Administrator” for “him” in two places.

    Enacted provision · exact public law section
    (i) in paragraph (2)— (I) by striking out “he” each place it appears and inserting in lieu thereof “the Administrator”; (II) by striking out “his” and inserting in lieu thereof “the Administrator’s”; and (III) by striking out “him” each place it appears and inserting in lieu thereof “the Administrator”;

  7. Pub. L. 99–576 § 701(49)(D)(ii) · 100 Stat. 3248

    Substituted · 38 U.S.C. § 2106(g)(3)

    Pub. L. 99–576, § 701(49)(D)(ii), substituted “the veteran” for “he”

    Source evidence

    Code amendment note
    Subsec. (g)(3). Pub. L. 99–576, § 701(49)(D)(ii), substituted “the veteran” for “he”.

    Enacted provision · exact public law section
    (ii) in paragraph (3), by striking out “he” and inserting in lieu thereof “the veteran”; and

  8. Pub. L. 99–576 § 701(49)(D)(iii) · 100 Stat. 3248

    Substituted · 38 U.S.C. § 2106(g)(5)

    Pub. L. 99–576, § 701(49)(D)(iii), substituted “the Administrator” for “him” in two places

    Source evidence

    Code amendment note
    Subsec. (g)(5). Pub. L. 99–576, § 701(49)(D)(iii), substituted “the Administrator” for “him” in two places.

    Enacted provision · exact public law section
    (iii) in paragraph (5), by striking out “him” each place it appears and inserting in lieu thereof “the Administrator”; and

  9. Pub. L. 99–576 § 701(49)(E) · 100 Stat. 3248

    1. Substituted · 38 U.S.C. § 2106(h)

      Pub. L. 99–576, § 701(49)(E), substituted “the Administrator’s” for “his” in second sentence

    2. Substituted · 38 U.S.C. § 2106(h)

      Pub. L. 99–576, § 701(49)(E), substituted “the veteran’s” for “his” in second sentence

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 99–576, § 701(49)(E), substituted “the Administrator’s” for “his” in first sentence and “the veteran’s” for “his” in second sentence.

    Enacted provision · exact public law section
    (E) in subsection (h)— (i) by striking out “his” in the first sentence and inserting in lieu thereof “the Administrator’s”; and (ii) by striking out “his” in the second sentence and inserting in lieu thereof “the veteran’s”.

  10. Veterans

    Pub. L. 100–322 title III § 333(a)(1) · 102 Stat. 487

    1. Amended · 38 U.S.C. § 2106

      Pub. L. 100–322 amended section generally

    2. Substituted · 38 U.S.C. § 2106

      Pub. L. 100–322 substituting provisions relating to veterans’ mortgage life insurance for former provisions relating to mortgage protection life insurance

    Source evidence

    Code amendment note
    Pub. L. 100–322 amended section generally, substituting provisions relating to veterans’ mortgage life insurance for former provisions relating to mortgage protection life insurance.

    Enacted provision · exact public law section
    (1) Section 806 is amended to read as follows: “§ 806. Veteran’ Mortgage Life Insurance “(a) The United States shall automatically insure any eligible veteran who is or has been granted assistance in securing a suitable housing unit under this chapter against the death of the veteran unless the veteran (1) submits to the Administrator in writing the veterans’ election not to be insured under this section, or (2) fails to respond in a timely manner to a request from the Administrator for information on which the premium for such insurance can be based. “(b) The initial amount of insurance provided a veteran under this section may not exceed the lesser of $40,000 or the amount of the loan outstanding on the housing unit. The amount of such insurance shall be reduced according to the amortization schedule of the loan and may not at any time exceed the amount of the outstanding loan with interest. If there is no outstanding loan on the housing unit, insurance is not payable under this section. If an eligible veteran elects not to be insured under this section, the veteran may there-after be insured under this section, but only upon submission of an application, payment of required premiums, and compliance with such health requirements and other terms and conditions as may be prescribed by the Administrator. “(c) The premiums charged a veteran for insurance under this section shall be paid at such time and in such manner as the Administrator prescribes. The rates for such premiums shall be based on such mortality data as the Administrator considers appropriate to cover only the mortality cost of insuring standard lives. In the case of a veteran receiving compensation or other cash benefits paid to the veteran by the Administrator, the Administrator shall deduct from such compensation or other benefits the premiums charged the veteran under this section. “(d) (1) The United States shall bear the costs of insurance under this section to the extent that such costs exceed premiums established by the Administrator. Premiums collected on insurance under this section shall be credited to the ‘Veterans Insurance and Indemnitie’ appropriation account, and all disbursements of insurance proceeds under this section shall be made from that account. “(2) There are authorized to be appropriated to the Administrator for such account such amounts as may be necessary to carry out this section. “(e) Any amount of insurance in force under this section on the date of the death of an eligible veteran insured under this section shall be paid to the holder of the mortgage loan, for payment of which the insurance was granted, for credit on the loan indebtedness. Any liability of the United States under such insurance shall be satisfied when such payment is made. If the Administrator is the holder of the mortgage loan, the insurance proceeds shall be credited to the loan indebtedness and, as appropriate, deposited in either the direct loan or loan guaranty revolving fund established by section 1823 or 1824 of this title, respectively. “(f) The Administrator may prescribe such regulations relating to eligibility for insurance under this section, the maximum amount of insurance, the effective date of insurance, the maximum duration of insurance, and other pertinent matters not specifically provided for in this section as the Administrator determines are in the best interest of veterans or the United States. “(g) The amount of the insurance in force at any time shall be the amount necessary to pay the mortgage indebtedness in full, except as otherwise limited by subsection (b) of this section or regulations prescribed by the Administrator under this section. “(h) The Administrator shall issue to each veteran insured under this section a certificate setting forth the benefits to which the veteran is entitled under the insurance. “(i) Insurance under this section shall terminate upon whichever of the following events first occurs: “(1) Satisfaction of the veteran’s indebtedness under the loan upon which the insurance is based. “(2) The veteran’s seventieth birthday. “(3) Termination of the veteran’s ownership of the property securing the loan. “(4) Discontinuance of payment of premiums by the veteran. “(j) Termination of life insurance under this section shall not affect the guaranty or insurance of the loan by the Administrator.”.

  11. Pub. L. 102–83 § 5(a) · 105 Stat. 378

    Changed · 38 U.S.C. § 2106

    Pub. L. 102–83, § 5(a), renumbered section 806 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 806 of this title as this section.

    Enacted provision · exact public law section
    (a) Redesignation of Sections to Conform to Chapter Numbers.— Each section contained in any of chapters 11 through 23 is redesignated by replacing the first digit of the section number with the number of the chapter containing that section. Each section contained in any of chapters 24 through 42 is redesignated so that the first two digits of the section number of that section are the same as the chapter number of the chapter containing that section.

  12. Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 2106(a)(d)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing

    Source evidence

    Code amendment note
    Subsecs. (a) to (d). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

  13. Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 2106(e)

    Pub. L. 102–83, § 5(c)(1), substituted “3723 or 3724” for “1823 or 1824”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 102–83, § 5(c)(1), substituted “3723 or 3724” for “1823 or 1824”.

    Enacted provision · exact public law section
    (1) Each provision of title 38, United States Code, that contains a reference to a section redesignated by subsection (a) is amended so that the reference refers to the section as redesignated.

  14. Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 2106(e)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

  15. Pub. L. 102–83 § 4(b)(1) · 105 Stat. 378

    Substituted · 38 U.S.C. § 2106(f)(h)(j)

    Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing

    Source evidence

    Code amendment note
    Subsecs. (f) to (h), (j). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.

    Enacted provision · exact public law section
    (1) Title 38 is further amended by striking out “Administrator” and “Administrator’s” each place they appear (except as provided in paragraphs (2) and (9) and including where they appear in section headings and tables of sections) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

  16. Veterans’ Benefits Act of 1992

    Pub. L. 102–568 title II § 204(a) · 106 Stat. 4320

    1. Struck · 38 U.S.C. § 2106(b)

      Pub. L. 102–568 struck out “initial” after “The”

    2. Substituted · 38 U.S.C. § 2106(b)

      Pub. L. 102–568 substituted “$90,000” for “$40,000”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–568 struck out “initial” after “The” and substituted “$90,000” for “$40,000”.

    Enacted provision · exact public law section
    (a) Increase.— Section 2106(b) is amended in the first sentence— (1) by striking out “initial”; and (2) by striking out “$40,000” and inserting in lieu thereof “$90,000”.

  17. Veterans’ Benefits Improvements Act of 1994

    Pub. L. 103–446 title XII § 1201(h)(2) · 108 Stat. 4645

    Substituted · 38 U.S.C. § 2106

    Pub. L. 103–446 substituted “Veterans’ mortgage life insurance” for “Veterans’ Mortgage Life Insurance” as section catchline

    Source evidence

    Code amendment note
    Pub. L. 103–446 substituted “Veterans’ mortgage life insurance” for “Veterans’ Mortgage Life Insurance” as section catchline.

    Enacted provision · exact public law section
    (2) The heading of section 2106 is amended by revising each word after the first word so that the initial letter of each such word is lower case.

  18. Pub. L. 105–368 title VI § 602(e)(2) · 112 Stat. 3315

    Substituted · 38 U.S.C. § 2106(e)

    Pub. L. 105–368 substituted “deposited in the Veterans Housing Benefit Program Fund established by section 3722 of this title” for “, as appropriate, deposited in either the direct loan or loan guaranty revolving fund established by section 3723 or 3724 of this title, respectively”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 105–368 substituted “deposited in the Veterans Housing Benefit Program Fund established by section 3722 of this title” for “, as appropriate, deposited in either the direct loan or loan guaranty revolving fund established by section 3723 or 3724 of this title, respectively”.

    Enacted provision · exact public law section
    (2) Other conforming amendment.— Section 2106(e) is amended by striking “, as appropriate, deposited in either the direct loan or loan guaranty revolving fund established by section 3723 or 3724 of this title, respectively” and inserting “deposited in the Veterans Housing Benefit Program Fund established by section 3722 of this title”.

  19. Pub. L. 107–330 § 302(1) · 116 Stat. 2820

    Inserted · 38 U.S.C. § 2106(a)

    Pub. L. 107–330, § 302(1), inserted “age 69 or younger” after “any eligible veteran”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 107–330, § 302(1), inserted “age 69 or younger” after “any eligible veteran”.

    Enacted provision · exact public law section
    (1) in subsection (a), by inserting “age 69 or younger” after “any eligible veteran”; and

  20. Pub. L. 107–330 § 302(2) · 116 Stat. 2820

    1. Redesignated · 38 U.S.C. § 2106(i)(2)(4)

      Pub. L. 107–330, § 302(2), redesignated pars. (3) and (4) as (2) and (3), respectively

    2. Struck · 38 U.S.C. § 2106(i)(2)(4)

      Pub. L. 107–330, § 302(2), struck out former par. (2) which read as follows: “The veteran’s seventieth birthday.”

    Source evidence

    Code amendment note
    Subsec. (i)(2) to (4). Pub. L. 107–330, § 302(2), redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out former par. (2) which read as follows: “The veteran’s seventieth birthday.”

    Enacted provision · exact public law section
    (2) in subsection (i), by striking paragraph (2) and redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively.

  21. Foreclosure Prevention Act of 2008

    Pub. L. 110–289 § 2602(b)(6)(A) · 122 Stat. 2654

    1. Substituted · 38 U.S.C. § 2106(a)

      Pub. L. 110–289, § 2602(b)(6)(A), (F), substituted “any eligible individual” for “any eligible veteran”

    2. Substituted · 38 U.S.C. § 2106(a)

      Pub. L. 110–289, § 2602(b)(6)(A), (F), substituted “the individual’s” for “the veterans’ ”

    3. Substituted · 38 U.S.C. § 2106(a)

      Pub. L. 110–289, § 2602(b)(6)(A), (F), substituted “the individual” for “the veteran” in two places

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 110–289, § 2602(b)(6)(A), (F), substituted “any eligible individual” for “any eligible veteran” and “the individual’s” for “the veterans’ ” and substituted “the individual” for “the veteran” in two places.

    Enacted provision · exact public law section
    (A) in subsection (a)— (i) by striking “any eligible veteran” and inserting “any eligible individual”; and (ii) by striking “the veterans’ ” and inserting “the individual’s”;

  22. Foreclosure Prevention Act of 2008

    Pub. L. 110–289 § 2602(b)(6)(B) · 122 Stat. 2654

    1. Substituted · 38 U.S.C. § 2106(b)

      Pub. L. 110–289, § 2602(b)(6)(B), (F), (G), substituted “an individual” for “a veteran”

    2. Substituted · 38 U.S.C. § 2106(b)

      Pub. L. 110–289, § 2602(b)(6)(B), (F), (G), substituted “an eligible individual” for “an eligible veteran”

    3. Substituted · 38 U.S.C. § 2106(b)

      Pub. L. 110–289, § 2602(b)(6)(B), (F), (G), substituted “the individual” for “the veteran”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 110–289, § 2602(b)(6)(B), (F), (G), substituted “an individual” for “a veteran”, “an eligible individual” for “an eligible veteran”, and “the individual” for “the veteran”.

    Enacted provision · exact public law section
    (B) in subsection (b), by striking “an eligible veteran” and inserting “an eligible individual”;

  23. Foreclosure Prevention Act of 2008

    Pub. L. 110–289 § 2602(b)(6)(F) · 122 Stat. 2654

    1. Substituted · 38 U.S.C. § 2106(c)

      Pub. L. 110–289, § 2602(b)(6)(F), (G), substituted “the individual” for “the veteran” in two places each

    2. Substituted · 38 U.S.C. § 2106(c)

      Pub. L. 110–289, § 2602(b)(6)(F), (G), substituted “an individual” for “a veteran” in two places each

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 110–289, § 2602(b)(6)(F), (G), substituted “the individual” for “the veteran” and “an individual” for “a veteran” in two places each.

    Enacted provision · exact public law section
    (F) by striking “the veteran” each place it appears and inserting “the individual”; and

  24. Foreclosure Prevention Act of 2008

    Pub. L. 110–289 § 2602(b)(6)(C) · 122 Stat. 2654

    Substituted · 38 U.S.C. § 2106(e)

    Pub. L. 110–289, § 2602(b)(6)(C), substituted “an individual” for “an eligible veteran”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 110–289, § 2602(b)(6)(C), substituted “an individual” for “an eligible veteran”.

    Enacted provision · exact public law section
    (C) in subsection (e), by striking “an eligible veteran” and inserting “an individual”;

  25. Foreclosure Prevention Act of 2008

    Pub. L. 110–289 § 2602(b)(6)(D) · 122 Stat. 2654

    1. Substituted · 38 U.S.C. § 2106(h)

      Pub. L. 110–289, § 2602(b)(6)(D), (F), substituted “each individual” for “each veteran”

    2. Substituted · 38 U.S.C. § 2106(h)

      Pub. L. 110–289, § 2602(b)(6)(D), (F), substituted “the individual” for “the veteran”

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 110–289, § 2602(b)(6)(D), (F), substituted “each individual” for “each veteran” and “the individual” for “the veteran”.

    Enacted provision · exact public law section
    (D) in subsection (h), by striking “each veteran” and inserting “each individual”;

  26. Foreclosure Prevention Act of 2008

    Pub. L. 110–289 § 2602(b)(6)(E) · 122 Stat. 2654

    1. Substituted · 38 U.S.C. § 2106(i)

      Pub. L. 110–289, § 2602(b)(6)(E), (F), substituted “the individual” for “the veteran”

    2. Substituted · 38 U.S.C. § 2106(i)

      Pub. L. 110–289, § 2602(b)(6)(E), (F), substituted “the individual’s” for “the veteran’s” in two places

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 110–289, § 2602(b)(6)(E), (F), substituted “the individual” for “the veteran” and substituted “the individual’s” for “the veteran’s” in two places.

    Enacted provision · exact public law section
    (E) in subsection (i), by striking “the veteran’s” each place it appears and inserting “the individual’s”;

  27. Veterans’ Benefits Act of 2010

    Pub. L. 111–275 title IV § 407(a) · 124 Stat. 2864

    Substituted · 38 U.S.C. § 2106(b)

    Pub. L. 111–275 substituted “$150,000, or after January 1, 2012, $200,000,” for “$90,000”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 111–275 substituted “$150,000, or after January 1, 2012, $200,000,” for “$90,000”.

    Enacted provision · exact public law section
    (a) In General.— Section 2106(b) is amended by striking “$90,000” and inserting “$150,000, or after January 1, 2012, $200,000,”.

    Effective date note
    Pub. L. 111–275, title IV, § 407(b), Oct. 13, 2010, 124 Stat. 2880, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 2011.”

  28. Pub. L. 115–177 § 1(c)(4) · 132 Stat. 1376

    Amended · 38 U.S.C. § 2106(a)

    Pub. L. 115–177 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The United States shall automatically insure any eligible individual age 69 or younger who is or has been granted assistance in securing a suitable housing unit under this chapter against the death of the individual unless the individual (1) submits to the Secretary in writing the individual’s election not to be insured under this section, or (2) fails to respond in a timely manner to a request from the Secretary for information on which the premium for such insurance can be based.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 115–177 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The United States shall automatically insure any eligible individual age 69 or younger who is or has been granted assistance in securing a suitable housing unit under this chapter against the death of the individual unless the individual (1) submits to the Secretary in writing the individual’s election not to be insured under this section, or (2) fails to respond in a timely manner to a request from the Secretary for information on which the premium for such insurance can be based.”

    Enacted provision · exact public law section
    (4) Exception to mandatory life insurance.— Section 2106(a) of such title is amended to read as follows: “(a) The Secretary shall insure any individual under 70 years of age who has received assistance under this chapter against the death of the individual except for an individual who— “(1) elects in writing to not receive insurance under this section; “(2) fails to respond in a timely manner to a request from the Secretary for information on which the premium for such insurance can be based; or “(3) receives such assistance under section 2102B of this title.” .

40 of 41 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1976–2018 · 11 rounds

2018

Subsec. (a). Pub. L. 115–177 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “The United States shall automatically insure any eligible individual age 69 or younger who is or has been granted assistance in securing a suitable housing unit under this chapter against the death of the individual unless the individual (1) submits to the Secretary in writing the individual’s election not to be insured under this section, or (2) fails to respond in a timely manner to a request from the Secretary for information on which the premium for such insurance can be based.”

2010

Subsec. (b). Pub. L. 111–275 substituted “$150,000, or after , $200,000,” for “$90,000”.

2008

Subsec. (a). Pub. L. 110–289, § 2602(b)(6)(A), (F), substituted “any eligible individual” for “any eligible veteran” and “the individual’s” for “the veterans’ ” and substituted “the individual” for “the veteran” in two places.

Subsec. (b). Pub. L. 110–289, § 2602(b)(6)(B), (F), (G), substituted “an individual” for “a veteran”, “an eligible individual” for “an eligible veteran”, and “the individual” for “the veteran”.

Subsec. (c). Pub. L. 110–289, § 2602(b)(6)(F), (G), substituted “the individual” for “the veteran” and “an individual” for “a veteran” in two places each.

Subsec. (e). Pub. L. 110–289, § 2602(b)(6)(C), substituted “an individual” for “an eligible veteran”.

Subsec. (h). Pub. L. 110–289, § 2602(b)(6)(D), (F), substituted “each individual” for “each veteran” and “the individual” for “the veteran”.

Subsec. (i). Pub. L. 110–289, § 2602(b)(6)(E), (F), substituted “the individual” for “the veteran” and substituted “the individual’s” for “the veteran’s” in two places.

2002

Subsec. (a). Pub. L. 107–330, § 302(1), inserted “age 69 or younger” after “any eligible veteran”.

Subsec. (i)(2) to (4). Pub. L. 107–330, § 302(2), redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out former par. (2) which read as follows: “The veteran’s seventieth birthday.”

1998

Subsec. (e). Pub. L. 105–368 substituted “deposited in the Veterans Housing Benefit Program Fund established by section 3722 of this title” for “, as appropriate, deposited in either the direct loan or loan guaranty revolving fund established by section 3723 or 3724 of this title, respectively”.

1994

Pub. L. 103–446 substituted “Veterans’ mortgage life insurance” for “Veterans’ Mortgage Life Insurance” as section catchline.

1992

Subsec. (b). Pub. L. 102–568 struck out “initial” after “The” and substituted “$90,000” for “$40,000”.

1991

Pub. L. 102–83, § 5(a), renumbered section 806 of this title as this section.

Subsecs. (a) to (d). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.

Subsec. (e). Pub. L. 102–83, § 5(c)(1), substituted “3723 or 3724” for “1823 or 1824”.

Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator”.

Subsecs. (f) to (h), (j). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” wherever appearing.

1988

Pub. L. 100–322 amended section generally, substituting provisions relating to veterans’ mortgage life insurance for former provisions relating to mortgage protection life insurance.

1986

Subsec. (b). Pub. L. 99–576, § 701(49)(A), substituted “the veteran’s” for “his”.

Subsec. (c). Pub. L. 99–576, § 701(49)(B), substituted “the veteran” for “he” before “may thereafter”.

Subsec. (d). Pub. L. 99–576, § 701(49)(C), substituted “the veteran’s” for “he” in last sentence.

Subsec. (g)(2). Pub. L. 99–576, § 701(49)(D)(i), substituted “the Administrator” for “he” in two places, “the Administrator’s” for “his”, and “the Administrator” for “him” in two places.

Subsec. (g)(3). Pub. L. 99–576, § 701(49)(D)(ii), substituted “the veteran” for “he”.

Subsec. (g)(5). Pub. L. 99–576, § 701(49)(D)(iii), substituted “the Administrator” for “him” in two places.

Subsec. (h). Pub. L. 99–576, § 701(49)(E), substituted “the Administrator’s” for “his” in first sentence and “the veteran’s” for “his” in second sentence.

1976

Subsec. (c). Pub. L. 94–433 substituted $40,000 for $30,000.

Statutory Notes and Related Subsidiaries

Effective Date of 2010 Amendment

Pub. L. 111–275, title IV, § 407(b), , 124 Stat. 2880, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on .”

Effective Date of 1998 Amendment

Pub. L. 105–368, title VI, § 602(f), , 112 Stat. 3348, provided that: “This title [enacting sections 3722 and 3771 to 3775 of this title, amending this section and sections 3702, 3703, 3711, 3720, 3727, 3729, 3733 to 3735, and 3763 of this title, repealing sections 3723 to 3725 of this title, and enacting provisions set out as a note under section 3722 of this title] and the amendments made by this title shall take effect on .”

Effective Date of 1992 Amendment

Amendment by Pub. L. 102–568 effective , see section 205 of Pub. L. 102–568, set out as an Effective Date note under section 1922A of this title.

Effective Date of 1988 Amendment

Pub. L. 100–322, title III, § 333(b), , 102 Stat. 539, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the first day of the fourth month beginning after the date of the enactment of this Act [].”

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–433 effective , see section 406 of Pub. L. 94–433, set out as a note under section 1101 of this title.

Savings Provision; Discontinuance of Contract Program; Definition

Pub. L. 100–322, title III, § 333(c)–(e), , 102 Stat. 539, provided that:

“(c)

Savings Provision.—

Mortgage protection life insurance granted to any veteran under the former section 806 shall continue in force with the United States as insurer, subject to the terms of subsection (d). Nothing in that subsection shall impair any rights of any veteran or mortgage loan holder under the former section 806 that matured before the effective date specified in subsection (b) [see Effective Date of 1988 Amendment note above].

“(d)

Discontinuance of Contract Program.—

(1)

Effective as of the effective date specified in subsection (b), the Administrator shall discontinue the policy of insurance purchased in accordance with the former section 806.

“(2)

All premiums collected or received by the insurer on or after such effective date under a policy purchased under the former section 806 shall be promptly forwarded to the Administrator and shall be credited to the ‘Veterans Insurance and Indemnities’ appropriation account. Any positive balance of the contingency reserve maintained by the insurer under such policy remaining after all charges have been made shall be payable to the Administrator and shall be deposited by the Administrator in such account, except that such balance may, upon the election of the insurer, be paid by the insurer in equal monthly installments over a period of not more than two years beginning on the date, after such effective date, that the Administrator specifies.

“(e)

Former Section 806 Defined.—

For the purpose of subsections (c) and (d), the term ‘former section 806’ means section 806 [this section] of title 38, United States Code, as in effect on the day before the effective date specified in subsection (b).”

Credits

1971–2018 · 12 acts
  1. 1971Added Pub. L. 92–95, § 1, , 85 Stat. 320, § 806
  2. 1976amended Pub. L. 94–433, title III, § 302, , 90 Stat. 1377
  3. 1986Pub. L. 99–576, title VII, § 701(49), , 100 Stat. 3295
  4. 1988Pub. L. 100–322, title III, § 333(a)(1), , 102 Stat. 537
  5. 1991renumbered § 2106 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), , 105 Stat. 404–406
  6. 1992Pub. L. 102–568, title II, § 204(a), , 106 Stat. 4325
  7. 1994Pub. L. 103–446, title XII, § 1201(h)(2), , 108 Stat. 4688
  8. 1998Pub. L. 105–368, title VI, § 602(e)(2), , 112 Stat. 3347
  9. 2002Pub. L. 107–330, title III, § 302, , 116 Stat. 2824
  10. 2008Pub. L. 110–289, div. B, title VI, § 2602(b)(6), , 122 Stat. 2860
  11. 2010Pub. L. 111–275, title IV, § 407(a), , 124 Stat. 2880
  12. 2018Pub. L. 115–177, § 1(c)(4), , 132 Stat. 1377.
Show as published

(Added Pub. L. 92–95, § 1, , 85 Stat. 320, § 806; amended Pub. L. 94–433, title III, § 302, , 90 Stat. 1377; Pub. L. 99–576, title VII, § 701(49), , 100 Stat. 3295; Pub. L. 100–322, title III, § 333(a)(1), , 102 Stat. 537; renumbered § 2106 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), (c)(1), , 105 Stat. 404–406; Pub. L. 102–568, title II, § 204(a), , 106 Stat. 4325; Pub. L. 103–446, title XII, § 1201(h)(2), , 108 Stat. 4688; Pub. L. 105–368, title VI, § 602(e)(2), , 112 Stat. 3347; Pub. L. 107–330, title III, § 302, , 116 Stat. 2824; Pub. L. 110–289, div. B, title VI, § 2602(b)(6), , 122 Stat. 2860; Pub. L. 111–275, title IV, § 407(a), , 124 Stat. 2880; Pub. L. 115–177, § 1(c)(4), , 132 Stat. 1377.)

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