Skip to content

Title 38 — Veterans’ Benefits

Part III · Chapter 37 — Housing and Small Business Loans

§ 3703. Basic provisions relating to loan guaranty and insurance

Statutory text

(a)
(1)
(A)

Any loan to a veteran eligible for benefits under this chapter, if made for any of the purposes specified in section 3710 of this title and in compliance with the provisions of this chapter, is automatically guaranteed by the United States in an amount not to exceed the lesser of—

(i)
(I)

in the case of any loan of not more than $45,000, 50 percent of the loan;

(II)

in the case of any loan of more than $45,000, but not more than $56,250, $22,500;

(III)

except as provided in subclause (IV) of this clause, in the case of any loan of more than $56,250, the lesser of $36,000 or 40 percent of the loan; or

(IV)

in the case of any loan of more than $144,000 for a purpose specified in clause (1), (2), (3), (5), (6), or (8) of section 3710(a) of this title, 25 percent of the loan; or

(ii)

the maximum amount of guaranty entitlement available to the veteran as specified in subparagraph (B) or (C).

(B)

With respect to loans described in subclauses (I), (II), or (III) of subparagraph (A)(i), the maximum amount of guaranty entitlement available to a veteran for purposes specified in section 3710 of this title shall be $36,000, reduced by the amount of entitlement previously used by the veteran under this chapter and not restored as a result of the exclusion in section 3702(b) of this title.

(C)
(i)

With respect to loans described in subclause (IV) of subparagraph (A)(i) made to a veteran not covered by clause (ii), the maximum amount of guaranty entitlement available to the veteran shall be 25 percent of the loan.

(ii)

With respect to loans described in subclause (IV) of subparagraph (A)(i) made to a covered veteran, the maximum amount of guaranty entitlement available to the veteran shall be 25 percent of the Freddie Mac conforming loan limit, reduced by the amount of entitlement previously used by the veteran under this chapter and not restored as a result of the exclusion in section 3702(b) of this title.

(iii)

In this subparagraph:

(I)

The term “covered veteran” means a veteran who has previously used entitlement under this chapter and for whom the full amount of entitlement so used has not been restored as a result of the exclusion in section 3702(b) of this title.

(II)

The term “Freddie Mac conforming loan limit” means the limit determined under section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)) for a single-family residence, as adjusted for the year involved.

(2)
(A)

Any housing loan which might be guaranteed under the provisions of this chapter, when made or purchased by any financial institution subject to examination and supervision by any agency of the United States or of any State may, in lieu of such guaranty, be insured by the Secretary under an agreement whereby the Secretary will reimburse any such institution for losses incurred on such loan up to 15 per centum of the aggregate of loans so made or purchased by it.

(B)

Loans insured under this section shall be made on such other terms, conditions, and restrictions as the Secretary may prescribe within the limitations set forth in this chapter.

(b)

The liability of the United States under any guaranty, within the limitations of this chapter, shall decrease or increase pro rata with any decrease or increase of the amount of the unpaid portion of the obligation.

(c)
(1)

Loans guaranteed or insured under this chapter shall be payable upon such terms and conditions as may be agreed upon by the parties thereto, subject to the provisions of this chapter and regulations of the Secretary issued pursuant to this chapter, and shall bear interest not in excess of such rate as the Secretary may from time to time find the loan market demands, except that in establishing the rate of interest that shall be applicable to such loans, the Secretary shall consult with the Secretary of Housing and Urban Development regarding the rate of interest applicable to home loans insured under section 203(b) of the National Housing Act (12 U.S.C. 1709(b)). In establishing rates of interest under this paragraph for one or more of the purposes described in clauses (4) and (7) of section 3710(a) of this title, the Secretary may establish a rate or rates higher than the rate specified for other purposes under such section, but any such rate may not exceed such rate as the Secretary may from time to time find the loan market demands for loans for such purposes.

(2)

The provisions of the Servicemen’s Readjustment Act of 1944 which were in effect before , with respect to the interest chargeable on loans made or guaranteed under such Act shall, notwithstanding the provisions of paragraph (1) of this subsection, continue to be applicable—

(A)

to any loan made or guaranteed before ; and

(B)

to any loan with respect to which a commitment to guarantee was entered into by the Secretary before .

(3)

This section shall not be construed to prohibit a veteran from paying to a lender any reasonable discount required by such lender, when the proceeds from the loan are to be used—

(A)

to refinance indebtedness pursuant to clause (5), (8), or (9)(B)(i) of section 3710(a) of this title or section 3712(a)(1)(F) of this title;

(B)

to repair, alter, or improve a farm residence or other dwelling pursuant to clauses (4) and (7) of section 3710(a) of this title;

(C)

to construct a dwelling or farm residence on land already owned or to be acquired by the veteran except where the land is directly or indirectly acquired from a builder or developer who has contracted to construct such dwelling for the veteran;

(D)

to purchase a dwelling from a class of sellers which the Secretary determines are legally precluded under all circumstances from paying such a discount if the best interest of the veteran would be so served; or

(E)

to refinance indebtedness and purchase a manufactured-home lot pursuant to section 3710(a)(9)(B)(ii) or 3712(a)(1)(G) of this title, but only with respect to that portion of the loan used to refinance such indebtedness.

(4)
(A)

In guaranteeing or insuring loans under this chapter, the Secretary may elect whether to require that such loans bear interest at a rate that is—

(i)

agreed upon by the veteran and the mortgagee; or

(ii)

established under paragraph (1).

The Secretary may, from time to time, change the election under this subparagraph.

(B)

Any veteran, under a loan described in subparagraph (A)(i), may pay reasonable discount points in connection with the loan. Except in the case of a loan for the purpose specified in section 3710(a)(8), 3710(b)(7), or 3712(a)(1)(F) of this title, discount points may not be financed as part of the principal amount of a loan guaranteed or insured under this chapter.

(C)

Not later than 10 days after an election under subparagraph (A), the Secretary shall transmit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a notification of the election, together with an explanation of the reasons therefor.

(d)
(1)

The maturity of any housing loan at the time of origination shall not be more than thirty years and thirty-two days.

(2)
(A)

Any loan for a term of more than five years shall be amortized in accordance with established procedure.

(B)

The Secretary may guarantee loans with provisions for various rates of amortization corresponding to anticipated variations in family income. With respect to any loan guaranteed under this subparagraph—

(i)

the initial principal amount of the loan may not exceed the reasonable value of the property as of the time the loan is made; and

(ii)

the principal amount of the loan thereafter (including the amount of all interest to be deferred and added to principal) may not at any time be scheduled to exceed the projected value of the property.

(C)

For the purposes of subparagraph (B) of this paragraph, the projected value of the property shall be calculated by the Secretary by increasing the reasonable value of the property as of the time the loan is made at a rate not in excess of 2.5 percent per year, but in no event may the projected value of the property for the purposes of such subparagraph exceed 115 percent of such reasonable value. A loan made for a purpose other than the acquisition of a single-family dwelling unit may not be guaranteed under such subparagraph.

(3)
(A)

Any real estate housing loan (other than for repairs, alterations, or improvements) shall be secured by a first lien on the realty. In determining whether a loan is so secured, the Secretary may either disregard or allow for subordination to a superior lien created by a duly recorded covenant running with the realty in favor of either of the following:

(i)

A public entity that has provided or will provide assistance in response to a major disaster as determined by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

(ii)

A private entity to secure an obligation to such entity for the homeowner’s share of the costs of the management, operation, or maintenance of property, services, or programs within and for the benefit of the development or community in which the veteran’s realty is located, if the Secretary determines that the interests of the veteran borrower and of the Government will not be prejudiced by the operation of such covenant.

(B)

With respect to any superior lien described in subparagraph (A) created after , the Secretary’s determination under clause (ii) of such subparagraph shall have been made prior to the recordation of the covenant.

(e)
(1)

Except as provided in paragraph (2) of this subsection, an individual who pays a fee under section 3729 of this title, or who is exempted under section 3729(c) of this title from paying such fee, with respect to a housing loan guaranteed or insured under this chapter that is closed after , shall have no liability to the Secretary with respect to the loan for any loss resulting from any default of such individual except in the case of fraud, misrepresentation, or bad faith by such individual in obtaining the loan or in connection with the loan default.

(2)

The exemption from liability provided by paragraph (1) of this subsection shall not apply to—

(A)

an individual from whom a fee is collected (or who is exempted from such fee) under section 3729(b)(2)(I) of this title; or

(B)

a loan made for any purpose specified in section 3712 of this title.

(f)

The application for or obtaining of a loan made, insured, or guaranteed under this chapter shall not be subject to reporting requirements applicable to requests for, or receipts of, Federal contracts, grants, loans, loan guarantees, loan insurance, or cooperative agreements except to the extent that such requirements are provided for in, or by the Secretary pursuant to, this title.

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. 85–857 · 72 Stat. 1105

    Enacted · 38 U.S.C. § 3703

    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1205, 1212, § 1803

    Source evidence

    Code source credit
    Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1205, 1212, § 1803

  2. Pub. L. 86–73 § 2 · 73 Stat. 156

    Struck · 38 U.S.C. § 3703(c)(1)

    Pub. L. 86–73 struck out requirement that the interest rate on a Veterans’ Administration guarantee for direct loan be at least one-half of one percent below the prevailing rate on FHA-insured sales housing loans and increased the interest rate ceiling from 4¾ to 5¼ percent

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 86–73 struck out requirement that the interest rate on a Veterans’ Administration guarantee for direct loan be at least one-half of one percent below the prevailing rate on FHA-insured sales housing loans and increased the interest rate ceiling from 4¾ to 5¼ percent.

    Enacted provision · exact public law section
    Sec. 2. Paragraph (1) of section 1803(c) of title 38, United States 72 Stat. 1205. Guaranties. Code, is amended (1) by striking out “, but the rate of interest so prescribed by the Administrator shall not exceed at any time the rate of interest (exclusive of premium charges for insurance, and service charges if any), established by the Federal Housing 68 Stat. 591. 12 USC 1709. Commissioner under section 203(b)(5) of the National Housing Act, less one-half of 1 per centum per annum”; and (2) by striking out “4¾ per centum per annum” and inserting in lieu thereof “5¼ per centum per annum”.

  3. Pub. L. 86–665 § 1 · 74 Stat. 529

    1. Substituted · 38 U.S.C. § 3703(a)

      Pub. L. 86–665 substituted “1962” for “1960”

    2. Substituted · 38 U.S.C. § 3703(a)

      Pub. L. 86–665 substituted “fifteen” for “thirteen”

    3. Substituted · 38 U.S.C. § 3703(a)

      Pub. L. 86–665 substituted “after such date” for “before July 26, 1961”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 86–665 substituted “1962” for “1960” in three places, “fifteen” for “thirteen” years, and “after such date” for “before July 26, 1961”.

  4. Pub. L. 87–84 § 1(a) · 75 Stat. 201

    1. Substituted · 38 U.S.C. § 3703(a)

      Pub. L. 87–84 substituted “to a World War II or Korean conflict veteran, if made within the applicable period prescribed in paragraph (3) of this subsection” for “made to a World War II veteran, if made before July 26, 1962 (or, in the case of a veteran described in section 1801(a)(1)(B) of this title, before the expiration of fifteen years after World War II is deemed to have ended with respect to him), or to a Korean conflict veteran, if made before February 1, 1965,” in par. (2)

    2. Substituted · 38 U.S.C. § 3703(a)

      Pub. L. 87–84 substituted “is received by the Administrator before the date of the expiration of the veteran’s entitlement, the loan” for “to a World War II veteran, whose entitlement would otherwise expire on July 25, 1962, has been received by the Administrator before July 26, 1962, such loan” in par. (2)

    3. Added · 38 U.S.C. § 3703(a)

      Pub. L. 87–84 added par. (3)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 87–84 substituted “to a World War II or Korean conflict veteran, if made within the applicable period prescribed in paragraph (3) of this subsection” for “made to a World War II veteran, if made before July 26, 1962 (or, in the case of a veteran described in section 1801(a)(1)(B) of this title, before the expiration of fifteen years after World War II is deemed to have ended with respect to him), or to a Korean conflict veteran, if made before February 1, 1965,” in par. (1), and “is received by the Administrator before the date of the expiration of the veteran’s entitlement, the loan” for “to a World War II veteran, whose entitlement would otherwise expire on July 25, 1962, has been received by the Administrator before July 26, 1962, such loan” in par. (2), and added par. (3).

    Enacted provision · exact public law section
    (1) by deleting “June 30, 1962” in the second sentence and substituting therefor “June 30, 1961”;

  5. Veterans

    Pub. L. 89–358 § 5(d) · 80 Stat. 12

    1. Struck · 38 U.S.C. § 3703(c)(1)

      Pub. L. 89–358 struck out provision for approval of rate of interest by the Secretary of the Treasury

    2. Substituted · 38 U.S.C. § 3703(c)(1)

      Pub. L. 89–358 substituted provision for a rate not in excess of that in effect under section 203(b)(5) of the National Housing Act, section 1709(b)(5) of Title 12, for former limitation of 5¼ per centum per annum

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 89–358 struck out provision for approval of rate of interest by the Secretary of the Treasury and substituted provision for a rate not in excess of that in effect under section 203(b)(5) of the National Housing Act, section 1709(b)(5) of Title 12, for former limitation of 5¼ per centum per annum.

    Enacted provision · exact public law section
    (d) Section 1803(c)(1) of title 38, United States Code, is amended by striking out “, with the approval of the Secretary” and all that follows through the end thereof and inserting in lieu thereof the following: “may from time to time find the loan market demands; except that such rate shall in no event exceed that in effect under the 68 Stat. 591. 12 USC 1709. 75 Stat. 201. provisions of section 203(b)(5) of the National Mousing Act.”

  6. Veterans’ Pension and Readjustment Assistance Act of 1967

    Pub. L. 90–77 title IV § 403(b) · 81 Stat. 178

    Changed · 38 U.S.C. § 3703(a)(3)(A)

    Pub. L. 90–77 extended in cls. (i) and (ii) loan program for certain World War II veterans from July 25, 1967 to July 25, 1970

    Source evidence

    Code amendment note
    Subsec. (a)(3)(A). Pub. L. 90–77 extended in cls. (i) and (ii) loan program for certain World War II veterans from July 25, 1967 to July 25, 1970.

    Enacted provision · exact public law section
    (b) Clauses (i) and (ii) of section 1803(a)(3)(A) of such title are each amended by striking out “July 25, 1967” and inserting in lieu thereof “July 25, 1970”.

  7. Pub. L. 91–22 § 4 · 83 Stat. 32

    Changed · 38 U.S.C. § 3703(d)(3)

    Pub. L. 91–22 authorized the Administrator, in determining whether a Government loan is secured by a first lien on realty, to disregard a superior lien created by a duly recorded covenant which secures a veteran homeowner’s share of the costs of managing, operating or maintaining property, services or programs common to the community in which the veteran’s home is located, provided the interests of the Government and the veteran borrower are not prejudiced

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 91–22 authorized the Administrator, in determining whether a Government loan is secured by a first lien on realty, to disregard a superior lien created by a duly recorded covenant which secures a veteran homeowner’s share of the costs of managing, operating or maintaining property, services or programs common to the community in which the veteran’s home is located, provided the interests of the Government and the veteran borrower are not prejudiced.

    Enacted provision · exact public law section
    Sec. 4. Section 1803(d)(3) of title 38, United States Code, be amended to read as follows: “(3) Any real estate loan (other than for repairs, alterations, or improvements) shall be secured by a first lien on the realty. In determining whether a loan for the purchase or construction of a home is so secured, the Administrator may disregard a superior lien created by a duly recorded covenant running with the realty in favor of a private entity to secure an obligation to such entity for the homeowner’s share of the costs of the management, operation, or maintenance of property, services or programs within and for the benefit of the development or community in which the veteran’s realty is located, if he determines that the interests of the veteran borrower and of the Government will not be prejudiced by the operation of such covenant. In respect to any such superior lien to be created after the effective date of this amendment, the Administrator’s determination must have been made prior to the recordation of the covenant. Any non-real-estate loan (other than for working or other capital, merchandise, goodwill, and other intangible assets) shall be secured by personalty to the extent legal and practicable.”

  8. Veterans’ Housing Act of 197

    Pub. L. 91–506 § 2(b) · 84 Stat. 1108

    Struck and inserted · 38 U.S.C. § 3703(a)

    Pub. L. 91–506, § 2(b), struck out loan eligibility expiration dates for World War II and Korean conflict veterans and inserted provision restoring expired entitlements of World War II and Korean conflict veterans and providing that such entitlements shall not expire until used

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 91–506, § 2(b), struck out loan eligibility expiration dates for World War II and Korean conflict veterans and inserted provision restoring expired entitlements of World War II and Korean conflict veterans and providing that such entitlements shall not expire until used.

    Enacted provision · exact public law section
    (b) Section 1803 of such title is amended by striking out subsection (a) and inserting in lieu thereof the following: “(a) (1) Any loan to a World War II or Korean conflict veteran, if made for any of the purposes, and in compliance with the provisions, specified in this chapter is automatically guaranteed by the United States in an amount not more than 60 per centum of the loan if the loan is made for any of the purposes specified in section 1810 of this title and not more than 50 per centum of the loan if the loan is for any of the purposes specified in section 1812, 1813, or 1814 of this title. “(2) Any unused entitlement of World War II or Korean conflict veterans which expired under provisions of law in effect prior to the date of enactment of the Veterans’ Housing Act of 1970 is hereby restored and shall not expire until used.”

  9. Veterans’ Housing Act of 197

    Pub. L. 91–506 § 2(c)(1) · 84 Stat. 1108

    Substituted · 38 U.S.C. § 3703(b)

    Pub. L. 91–506, § 2(c)(1), substituted “1810, 1811, and 1819” for “1810 and 1811”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 91–506, § 2(c)(1), substituted “1810, 1811, and 1819” for “1810 and 1811”.

    Enacted provision · exact public law section
    (1) by striking out “1810 and 1811” in subsection (b) and inserting in lieu thereof “1810, 1811, and 1819”; and

  10. Veterans’ Housing Act of 197

    Pub. L. 91–506 § 2(c)(2) · 84 Stat. 1108

    Changed · 38 U.S.C. § 3703(d)(1)

    Pub. L. 91–506, § 2(c)(2), limited maturity of non-real-estate loan to not more than ten years except as provided in section 1819 of this title

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 91–506, § 2(c)(2), limited maturity of non-real-estate loan to not more than ten years except as provided in section 1819 of this title.

    Enacted provision · exact public law section
    (2) by inserting immediately after “years” in the first sentence of subsection (d) (1) the following: “except as provided in section Post, p. 1110 1819 of this title”.

  11. Pub. L. 93–75 · 87 Stat. 176

    Substituted · 38 U.S.C. § 3703(c)(1)

    Pub. L. 93–75 substituted provisions requiring the Administrator to consult with the Secretary of Housing and Urban Development regarding the establishment of the rate of interest the Secretary considers necessary to meet the mortgage market for home loans insured under section 203(b) of the National Housing Act, and to carry out a coordinated policy on interest rates on loans insured under such section 203(b) and on loans guaranteed or insured under this chapter, for former provision limiting rate of interest to rate in effect under section 203(b)(5) of the National Housing Act

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 93–75 substituted provisions requiring the Administrator to consult with the Secretary of Housing and Urban Development regarding the establishment of the rate of interest the Secretary considers necessary to meet the mortgage market for home loans insured under section 203(b) of the National Housing Act, and to carry out a coordinated policy on interest rates on loans insured under such section 203(b) and on loans guaranteed or insured under this chapter, for former provision limiting rate of interest to rate in effect under section 203(b)(5) of the National Housing Act.

  12. Pub. L. 93–569 § 8(1) · 88 Stat. 1863

    Struck · 38 U.S.C. § 3703(a)(1)

    Pub. L. 93–569, § 8(1), struck out “and not more than 50 per centum of the loan if the loan is for any of the purposes specified in section 1812, 1813, or 1814 of this title” after “section 1810 of this title”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 93–569, § 8(1), struck out “and not more than 50 per centum of the loan if the loan is for any of the purposes specified in section 1812, 1813, or 1814 of this title” after “section 1810 of this title”.

    Enacted provision · exact public law section
    (1) by striking out in section 1803(a) (1) “and not more than 50 per centum of the loan if the loan is for any of the purposes specified in section 1812, 1813, or 1814 of this title”;

  13. Pub. L. 93–569 § 8(5) · 88 Stat. 1863

    Struck · 38 U.S.C. § 3703(a)(2)(B)(b)

    Pub. L. 93–569, § 8(5), struck out provision authorizing the Administrator to fix maximum interest rate payable on non-real-estate loans at not in excess of 3 percent discount rate or an equivalent straight interest rate on unamortized loans

    Source evidence

    Code amendment note
    Subsec. (a)(2)(B) [formerly § 1815(b)]. Pub. L. 93–569, § 8(5), struck out provision authorizing the Administrator to fix maximum interest rate payable on non-real-estate loans at not in excess of 3 percent discount rate or an equivalent straight interest rate on unamortized loans.

    Enacted provision · exact public law section
    (5) by striking out the last sentence in section 1815(b);

  14. Pub. L. 93–569 § 8(2) · 88 Stat. 1863

    Struck · 38 U.S.C. § 3703(a)(2)(B)(b)

    Pub. L. 93–569, § 8(2), struck out provision that, except as provided in sections 1810, 1811, and 1819, the aggregate amount guaranteed should not be more than $2,000 in the case of non-real-estate loans, nor $4,000 in the case of real-estate loans or a prorated portion thereof in a combination loan

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 93–569, § 8(2), struck out provision that, except as provided in sections 1810, 1811, and 1819, the aggregate amount guaranteed should not be more than $2,000 in the case of non-real-estate loans, nor $4,000 in the case of real-estate loans or a prorated portion thereof in a combination loan.

    Enacted provision · exact public law section
    (2) by striking out the first sentence in section 1803(b);

  15. Pub. L. 93–569 § 2(c) · 88 Stat. 1863

    Added · 38 U.S.C. § 3703(c)(3)

    Pub. L. 93–569, § 2(c), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 93–569, § 2(c), added par. (3).

    Enacted provision · exact public law section
    (c) Section 1803(c) of title 38, United States Code, is amended by adding at the end thereof a new paragraph as follows: “(3) This section shall not be construed to prohibit a veteran from paying to a lender any reasonable discount required by such lender, when the proceeds from the loan are to be used: “(A) to refinance indebtedness pursuant to section 1810(a)(5); “(B) to repair, alter, or improve a farm residence or other dwelling pursuant to section 1810(a)(4); “(C) to construct a dwelling or farm residence on land already owned or to be acquired by the veteran except where the land is directly or indirectly acquired from a builder or developer who has contracted to construct such dwelling for the veteran; or “(D) to purchase a dwelling from a class of sellers which the Administrator determines are legally precluded under all circumstances from paying such a discount if the best interest of the veteran would be so served.”.

  16. Pub. L. 93–569 § 8(3) · 88 Stat. 1863

    Substituted · 38 U.S.C. § 3703(d)(1)

    Pub. L. 93–569, § 8(3), substituted provision that the maturity of any loan shall not be more than thirty years and thirty-two days for provisions that non-real-estate loans shall not be more than ten years except as provided in section 1819, that the maturity of a real estate loan be not more than thirty years, and a loan on farm realty be not more than forty years

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 93–569, § 8(3), substituted provision that the maturity of any loan shall not be more than thirty years and thirty-two days for provisions that non-real-estate loans shall not be more than ten years except as provided in section 1819, that the maturity of a real estate loan be not more than thirty years, and a loan on farm realty be not more than forty years.

    Enacted provision · exact public law section
    (3) by amending paragraph (1) of section 1803(d) to read as follows: “(1) The maturity of any loan shall not be more than thirty years and thirty-two days.”;

  17. Pub. L. 93–569 § 8(4) · 88 Stat. 1863

    Struck · 38 U.S.C. § 3703(d)(3)

    Pub. L. 93–569, § 8(4), struck out provision that any non-real-estate loan should be secured by personalty to the extent legal and practicable

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 93–569, § 8(4), struck out provision that any non-real-estate loan should be secured by personalty to the extent legal and practicable.

    Enacted provision · exact public law section
    (4) by striking out the last sentence in paragraph (3) of section 1803(d);

  18. Veterans Housing Amendments Act of 1976

    Pub. L. 94–324 § 7(16) · 90 Stat. 720

    Substituted · 38 U.S.C. § 3703(a)(2)(A)(a)

    Pub. L. 94–324, § 7(16), substituted “the Administrator will” for “he will”. See 1988 Amendment note above

    Source evidence

    Code amendment note
    Subsec. (a)(2)(A) [formerly § 1815(a)]. Pub. L. 94–324, § 7(16), substituted “the Administrator will” for “he will”. See 1988 Amendment note above.

    Enacted provision · exact public law section
    (16) by striking out in section 1815(a) “he” and inserting in lieu thereof “the Administrator”;

  19. Veterans Housing Amendments Act of 1976

    Pub. L. 94–324 § 7(6) · 90 Stat. 720

    Substituted · 38 U.S.C. § 3703(d)(3)

    Pub. L. 94–324, § 7(6), substituted “the Administrator determines” for “he determines”

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 94–324, § 7(6), substituted “the Administrator determines” for “he determines”.

    Enacted provision · exact public law section
    (6) by striking out in section 1803(d)(3) “he” and inserting in lien thereof “the Administrator”:

  20. Veterans’ Housing Benefits Act of 1978

    Pub. L. 95–476 § 103(a) · 92 Stat. 1497

    Substituted · 38 U.S.C. § 3703(a)(1)

    Pub. L. 95–476, § 103(a), substituted provision extending loan guarantees under this section to veterans eligible for benefits under this chapter for provision limiting such guarantees to World War II or Korean conflict veterans

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 95–476, § 103(a), substituted provision extending loan guarantees under this section to veterans eligible for benefits under this chapter for provision limiting such guarantees to World War II or Korean conflict veterans.

    Enacted provision · exact public law section
    (a) Subsection (a)(1) of section 1803 is amended by striking out “World War II or Korean conflict veteran” and inserting in lieu thereof “veteran eligible for benefits under this chapter”.

  21. Veterans’ Housing Benefits Act of 1978

    Pub. L. 95–476 § 103(b)(1) · 92 Stat. 1497

    Inserted · 38 U.S.C. § 3703(c)(1)

    Pub. L. 95–476, § 103(b)(1), inserted provision authorizing the Administrator in establishing rates of interest under this paragraph for purposes of cls. (4) to (7) of section 1810(a) of this title to establish rates higher than the rate specified for other purposes under such section but not in excess of the rate the Administrator may find the loan market demands for loans for such purposes

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 95–476, § 103(b)(1), inserted provision authorizing the Administrator in establishing rates of interest under this paragraph for purposes of cls. (4) to (7) of section 1810(a) of this title to establish rates higher than the rate specified for other purposes under such section but not in excess of the rate the Administrator may find the loan market demands for loans for such purposes.

    Enacted provision · exact public law section
    (1) by adding at the end of paragraph (1) the following new sentence: “In establishing rates of interest under this paragraph for one or more of the purposes described in clauses (4) and (7) 38 USC 1810. of section 1810(a) of this title, the Administrator may establish a rate or rates higher than the rate specified for other purposes under such section, but any such rate may not exceed such rate as the Administrator may from time to time find the loan market demands for loans for such purposes.”; and

  22. Veterans’ Housing Benefits Act of 1978

    Pub. L. 95–476 § 103(b)(2) · 92 Stat. 1497

    Substituted · 38 U.S.C. § 3703(c)(3)(B)

    Pub. L. 95–476, § 103(b)(2), substituted “clauses (4) and (7) of section 1810(a) of this title” for “section 1810(a)(4)”

    Source evidence

    Code amendment note
    Subsec. (c)(3)(B). Pub. L. 95–476, § 103(b)(2), substituted “clauses (4) and (7) of section 1810(a) of this title” for “section 1810(a)(4)”.

    Enacted provision · exact public law section
    (2) by striking out “section 1810(a)(4)” in paragraph (3)(B) and inserting in lieu thereof “clauses (4) and (7) of section 1810 (a) of this title”.

  23. Veterans’ Disability Compensation and Housing Benefits Amendments of 1980

    Pub. L. 96–385 title IV § 401(c)(1) · 94 Stat. 1528

    Substituted · 38 U.S.C. § 3703(c)(3)(A)

    Pub. L. 96–385 substituted “clause (5) or (8) of section 1810(a) of this title or section 1819(a)(1)(F) of this title” for “section 1810(a)(5)”

    Source evidence

    Code amendment note
    Subsec. (c)(3)(A). Pub. L. 96–385 substituted “clause (5) or (8) of section 1810(a) of this title or section 1819(a)(1)(F) of this title” for “section 1810(a)(5)”.

    Enacted provision · exact public law section
    (1) Section 1803(c)(3)(A) is amended by striking out “section 38 USC 1803. 1810(a)(5)” and inserting in lieu thereof “clause (5) or (8) of section 1810(a) of this title or section 1819(a)(1)(F) of this title”. Ante, p. 1532. 38 USC 1811.

  24. Veterans’ Disability Compensation, Housing, and Memorial Benefits Amendments of 1981

    Pub. L. 97–66 title V § 501(a) · 95 Stat. 1026

    1. Amended · 38 U.S.C. § 3703(d)(2)

      Pub. L. 97–66 designated existing provisions as subpar. (A)

    2. Added · 38 U.S.C. § 3703(d)(2)

      Pub. L. 97–66 added subpars. (B) and (C)

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 97–66 designated existing provisions as subpar. (A) and added subpars. (B) and (C).

    Enacted provision · exact public law section
    (a) Section 1803(d)(2) is amended— 38 USC 1803. (1) by inserting “(A)” after “(2)”; and (2) by adding at the end the following new subparagraphs: “(B) The Administrator may guarantee loans with provisions for various rates of amortization corresponding to anticipated variations in family income. With respect to any loan guaranteed under this subparagraph— “(i) the initial principal amount of the loan may not exceed the reasonable value of the property as of the time the loan is made; and “(ii) the principal amount of the loan thereafter (including the amount of all interest to be deferred and added to principal) may not at any time be scheduled to exceed the projected value of the property. “(C) For the purposes of subparagraph (B) of this paragraph, the projected value of the property shall be calculated by the Administrator by increasing the reasonable value of the property as of the time the loan is made at a rate not in excess of 2.5 percent per year, but in no event may the projected value of the property for the purposes of such subparagraph exceed 115 percent of such reasonable value. A loan made for a purpose other than the acquisition of a single-family dwelling unit may not be guaranteed under such subparagraph.”.

  25. Veterans’ Health Care, Training, and Small Business Loan Act of 1981

    Pub. L. 97–72 § 303(e) · 95 Stat. 1047

    Substituted · 38 U.S.C. § 3703(a)(2)(A)(a)

    Pub. L. 97–72, § 303(e), substituted “Any housing loan” for “Any loan”. See 1988 Amendment note above

    Source evidence

    Code amendment note
    Subsec. (a)(2)(A) [formerly § 1815(a)]. Pub. L. 97–72, § 303(e), substituted “Any housing loan” for “Any loan”. See 1988 Amendment note above.

    Enacted provision · exact public law section
    (e) Section 1815(a) is amended by inserting “housing” after “Any”.

  26. Veterans’ Health Care, Training, and Small Business Loan Act of 1981

    Pub. L. 97–72 § 303(c)(1) · 95 Stat. 1047

    Substituted · 38 U.S.C. § 3703(d)(1)

    Pub. L. 97–72, § 303(c)(1), substituted “any housing loan” for “any loan”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 97–72, § 303(c)(1), substituted “any housing loan” for “any loan”.

    Enacted provision · exact public law section
    (1) by inserting “housing” in clause (1) after “any”; and

  27. Veterans’ Health Care, Training, and Small Business Loan Act of 1981

    Pub. L. 97–72 § 303(c)(2) · 95 Stat. 1047

    Substituted · 38 U.S.C. § 3703(d)(3)

    Pub. L. 97–72, § 303(c)(2), substituted “Any real estate housing loan” for “Any real estate loan”

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 97–72, § 303(c)(2), substituted “Any real estate housing loan” for “Any real estate loan”.

    Enacted provision · exact public law section
    (2) by inserting “housing” in the first sentence of clause (3) after “real estate”.

  28. Pub. L. 97–295 § 4(61) · 96 Stat. 1287

    Substituted · 38 U.S.C. § 3703(a)(1)

    Pub. L. 97–295, § 4(61), substituted “percent” for “per centum”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 97–295, § 4(61), substituted “percent” for “per centum”.

    Enacted provision · exact public law section
    (61) Sections 1799(e), 1802(f), and 1803(a)(1) are amended by 38 USC 1799, 1802, 1803. striking out “per centum” wherever it appears and substituting “percent”.

  29. Pub. L. 97–295 § 4(63)(A) · 96 Stat. 1287

    Substituted · 38 U.S.C. § 3703(a)(2)

    Pub. L. 97–295, § 4(63)(A), substituted “before October 23, 1970,” for “prior to the date of enactment of the Veterans’ Housing Act of 1970”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 97–295, § 4(63)(A), substituted “before October 23, 1970,” for “prior to the date of enactment of the Veterans’ Housing Act of 1970”.

    Enacted provision · exact public law section
    (A) in subsection (a)(2), by striking out “prior to the date of enactment of the Veterans’ Housing Act of 1970” and substituting “before October 23, 1970,”;

  30. Pub. L. 97–295 § 4(63)(B) · 96 Stat. 1287

    Inserted · 38 U.S.C. § 3703(c)(1)

    Pub. L. 97–295, § 4(63)(B), inserted “(12 U.S.C. 1709(b))” after “the National Housing Act”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 97–295, § 4(63)(B), inserted “(12 U.S.C. 1709(b))” after “the National Housing Act”.

    Enacted provision · exact public law section
    (B) in subsection (c)(1), by inserting “(12 U.S.C. 1709(b))” after “the National Housing Act”; and

  31. Pub. L. 97–295 § 4(63)(C) · 96 Stat. 1287

    Substituted · 38 U.S.C. § 3703(d)(3)

    Pub. L. 97–295, § 4(63)(C), substituted “June 6, 1969” for “the effective date of this amendment”

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 97–295, § 4(63)(C), substituted “June 6, 1969” for “the effective date of this amendment”.

    Enacted provision · exact public law section
    (C) in subsection (d)(3), by striking out “the effective date of this amendment” and substituting “June 6, 1969”.

  32. Veterans’ Compensation, Education, and Employment Amendments of 1982

    Pub. L. 97–306 § 406(b)(1) · 96 Stat. 1429

    Substituted · 38 U.S.C. § 3703(c)(3)

    Pub. L. 97–306, § 406(b)(1), substituted “used—” for “used:”. Notwithstanding that Pub. L. 97–306 directed amendment be made in provisions preceding cl. (1), amendment was executed in provisions preceding cl. (A) as the probable intent of Congress in view of the absence of a cl. (1) in subsec. (c)(3)

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 97–306, § 406(b)(1), substituted “used—” for “used:”. Notwithstanding that Pub. L. 97–306 directed amendment be made in provisions preceding cl. (1), amendment was executed in provisions preceding cl. (A) as the probable intent of Congress in view of the absence of a cl. (1) in subsec. (c)(3).

    Enacted provision · exact public law section
    (1) by striking out “used:” in the matter preceding clause (1) and inserting in lieu thereof “used—”;

  33. Veterans’ Compensation, Education, and Employment Amendments of 1982

    Pub. L. 97–306 § 406(b)(2) · 96 Stat. 1429

    Added · 38 U.S.C. § 3703(c)(3)(E)

    Pub. L. 97–306, § 406(b)(2)–(4), added cl. (E)

    Source evidence

    Code amendment note
    Subsec. (c)(3)(E). Pub. L. 97–306, § 406(b)(2)–(4), added cl. (E).

    Enacted provision · exact public law section
    (2) by striking out “or” at the end of clause (C);

  34. Veterans’ Compensation and Program Improvements Amendments of 1984

    Pub. L. 98–223 § 205(c)(1) · 98 Stat. 37

    Substituted · 38 U.S.C. § 3703(c)(3)(A)

    Pub. L. 98–223, § 205(c)(1), substituted “, (8), or (9)(B)(i)” for “or (8)”

    Source evidence

    Code amendment note
    Subsec. (c)(3)(A). Pub. L. 98–223, § 205(c)(1), substituted “, (8), or (9)(B)(i)” for “or (8)”.

    Enacted provision · exact public law section
    (1) by striking out “or (8)” in clause (A) and inserting in lieu thereof a comma and “(8), or (9)(B)(i)”; and

  35. Veterans’ Compensation and Program Improvements Amendments of 1984

    Pub. L. 98–223 § 205(c)(2) · 98 Stat. 37

    Inserted · 38 U.S.C. § 3703(c)(3)(E)

    Pub. L. 98–223, § 205(c)(2), inserted “1810(a)(9)(B)(ii) or” after “section”

    Source evidence

    Code amendment note
    Subsec. (c)(3)(E). Pub. L. 98–223, § 205(c)(2), inserted “1810(a)(9)(B)(ii) or” after “section”.

    Enacted provision · exact public law section
    (2) by inserting “1810(a)(9)(B)(ii) or” in clause (E) after “section”.

  36. Veterans’ Home Loan Program Improvements and Property Rehabilitation Act of 1987

    Pub. L. 100–198 § 3(a)(1) · 101 Stat. 1315

    Amended · 38 U.S.C. § 3703(a)(1)

    Pub. L. 100–198 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Any loan to a veteran eligible for benefits under this chapter, if made for any of the purposes, and in compliance with the provisions, specified in this chapter is automatically guaranteed by the United States in an amount not more than 60 percent of the loan if the loan is made for any of the purposes specified in section 1810 of this title.”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 100–198 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Any loan to a veteran eligible for benefits under this chapter, if made for any of the purposes, and in compliance with the provisions, specified in this chapter is automatically guaranteed by the United States in an amount not more than 60 percent of the loan if the loan is made for any of the purposes specified in section 1810 of this title.”

    Enacted provision · exact public law section
    (1) Section 1803(a)(1) is amended to read as follows: “(a) (1) Any loan to a veteran eligible for benefits under this chapter, if made for any of the purposes specified in section 1810 of this title and in compliance with the provisions of this chapter, is automatically guaranteed by the United States in an amount not to exceed— “(A) in the case of any loan of not more than $45,000, 50 percent of the loan; or “(B) in the case of any loan of more than $45,000, 40 percent of the loan or $36,000, whichever is less, except that the amount of such guaranty for any such loan shall not be less than $22,500; reduced by the amount of entitlement previously used by the veteran under this chapter and not restored as a result of the exclusion in section 1802(b) of this title.”.

  37. Veterans’ Home Loan Program Emergency Amendments of 1988

    Pub. L. 100–253 § 3(a) · 102 Stat. 20

    Amended · 38 U.S.C. § 3703(a)(1)

    Pub. L. 100–253 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Any loan to a veteran eligible for benefits under this chapter, if made for any of the purposes specified in section 1810 of this title and in compliance with the provisions of this chapter, is automatically guaranteed by the United States in an amount not to exceed—

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–253 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Any loan to a veteran eligible for benefits under this chapter, if made for any of the purposes specified in section 1810 of this title and in compliance with the provisions of this chapter, is automatically guaranteed by the United States in an amount not to exceed—

    “(A) in the case of any loan of not more than $45,000, 50 percent of the loan; or “(B) in the case of any loan of more than $45,000, 40 percent of the loan or $36,000, whichever is less, except that the amount of such guaranty for any such loan shall not be less than $22,500; reduced by the amount of entitlement previously used by the veteran under this chapter and not restored as a result of the exclusion in section 1802(b) of this title.”

    Enacted provision · exact public law section
    (a) Conventional Housing.— Section 1803(a)(1) of title 38, United States Code (as amended by section 3(a)(1) of Public Law 100–198) is amended to read as follows: “(a) (1) (A) Any loan to a veteran eligible for benefits under this chapter, if made for any of the purposes specified in section 1810 of this title and in compliance with the provisions of this chapter, is automatically guaranteed by the United States in an amount not to exceed the lesser of— “(i) (I) in the case of any loan of not more than $45,000, 50 percent of the loan; or “(II) in the case of any loan of more than $45,000, the lesser of $36,000 or 40 percent of the loan, except that the amount of such guaranty for any such loan shall not be less than $22,500; or “(ii) the maximum amount of guaranty entitlement available to the veteran. “(B) The maximum amount of guaranty entitlement available to a veteran under section 1810 of this chapter shall be $36,000 reduced by the amount of entitlement previously used by the veteran under this chapter and not restored as a result of the exclusion in section 1802(b) of this title.”.

  38. Veterans

    Pub. L. 100–322 § 415(a)(3)(B) · 102 Stat. 487

    Inserted · 38 U.S.C. § 3703

    Pub. L. 100–322, § 415(a)(3)(B), inserted “and insurance” in section catchline

    Source evidence

    Code amendment note
    Pub. L. 100–322, § 415(a)(3)(B), inserted “and insurance” in section catchline.

    Enacted provision · exact public law section
    (B) Section 1803 is amended— (i) by striking out the section heading and inserting in lieu thereof the following: “§ 1803. Basic provisions relating to loan guaranty and insurance” ; and (ii) in subsection (a) by striking out paragraph (2).

  39. Veterans

    Pub. L. 100–322 § 415(d)(1) · 102 Stat. 487

    1. Inserted · 38 U.S.C. § 3703(a)(1)

      Pub. L. 100–322, § 415(d)(1), inserted “as specified in subparagraph (B) of this paragraph” before period at end of cl. (A)(ii)

    2. Substituted · 38 U.S.C. § 3703(a)(1)

      Pub. L. 100–322, § 415(d)(1), substituted “for purposes specified in section 1810 of this title” for “under section 1810 of this chapter” in cl. (B)

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 100–322, § 415(d)(1), inserted “as specified in subparagraph (B) of this paragraph” before period at end of cl. (A)(ii) and substituted “for purposes specified in section 1810 of this title” for “under section 1810 of this chapter” in cl. (B).

    Enacted provision · exact public law section
    (1) Section 1803(a)(1) is amended— (A) in clause (A)(ii), by inserting “as specified in subparagraph (B) of this paragraph” before the period; and (B) in clause (B), by striking out “under section 1810 of this chapter” and inserting in lieu thereof “for purposes specified in section 1810 of this title”.

  40. Veterans

    Pub. L. 100–322 § 415(a)(3)(A)(ii) · 102 Stat. 487

    1. Redesignated · 38 U.S.C. § 3703(a)(2)

      Pub. L. 100–322, § 415(a)(3)(A)(ii), (iii), (B)(ii), redesignated subsecs. (a) and (b) of section 1815 of this title as subpars. (A) and (B), respectively, of par. (2) of subsec. (a) of this section

    2. Struck · 38 U.S.C. § 3703(a)(2)

      Pub. L. 100–322, § 415(a)(3)(A)(ii), (iii), (B)(ii), struck out former par. (2) which read as follows: “Any unused entitlement of World War II or Korean conflict veterans which expired under provisions of law in effect before October 23, 1970, is hereby restored and shall not expire until used.”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 100–322, § 415(a)(3)(A)(ii), (iii), (B)(ii), redesignated subsecs. (a) and (b) of section 1815 of this title as subpars. (A) and (B), respectively, of par. (2) of subsec. (a) of this section and struck out former par. (2) which read as follows: “Any unused entitlement of World War II or Korean conflict veterans which expired under provisions of law in effect before October 23, 1970, is hereby restored and shall not expire until used.”

    Enacted provision · exact public law section
    (ii) is amended by redesignating subsection (a) as paragraph (2)(A) and redesignating subsection (b) as subparagraph (B); and

  41. Veterans

    Pub. L. 100–322 § 415(c)(2)(A) · 102 Stat. 487

    Substituted · 38 U.S.C. § 3703(c)(3)(A)

    Pub. L. 100–322, § 415(c)(2)(A), substituted “1812(a)(1)(F)” for “1819(a)(1)(F)”

    Source evidence

    Code amendment note
    Subsec. (c)(3)(A). Pub. L. 100–322, § 415(c)(2)(A), substituted “1812(a)(1)(F)” for “1819(a)(1)(F)”.

    Enacted provision · exact public law section
    (A) in clause (A), by striking out “1819(a)(1)(F)” and inserting in lieu thereof ”1812(a)(1)(F)”; and

  42. Veterans

    Pub. L. 100–322 § 415(c)(2)(B) · 102 Stat. 487

    Substituted · 38 U.S.C. § 3703(c)(3)(E)

    Pub. L. 100–322, § 415(c)(2)(B), substituted “1812(a)(1)(G)” for “1819(a)(1)(G)”

    Source evidence

    Code amendment note
    Subsec. (c)(3)(E). Pub. L. 100–322, § 415(c)(2)(B), substituted “1812(a)(1)(G)” for “1819(a)(1)(G)”.

    Enacted provision · exact public law section
    (B) in clause (E), by striking out “1819(a)(1)(G)” and inserting in lieu thereof “1812(a)(1)(G)”.

  43. Veterans Home Loan Indemnity and Restructuring Act of 1989

    Pub. L. 101–237 § 306(a)(1) · 103 Stat. 2062

    1. Added · 38 U.S.C. § 3703(a)(1)(A)(i)

      Pub. L. 101–237, § 306(a)(1), added subcls. (II) to (IV)

    2. Struck · 38 U.S.C. § 3703(a)(1)(A)(i)

      Pub. L. 101–237, § 306(a)(1), struck out former subcl. (II) which read as follows: “in the case of any loan of more than $45,000, the lesser of $36,000 or 40 percent of the loan, except that the amount of such guaranty for any such loan shall not be less than $22,500; or”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(A)(i). Pub. L. 101–237, § 306(a)(1), added subcls. (II) to (IV) and struck out former subcl. (II) which read as follows: “in the case of any loan of more than $45,000, the lesser of $36,000 or 40 percent of the loan, except that the amount of such guaranty for any such loan shall not be less than $22,500; or”.

    Enacted provision · exact public law section
    (1) in subparagraph (A)(i)— (A) by striking out “or” after the semicolon in subclause (I); and (B) by striking out subclause (II) and inserting in lieu thereof the following: “(II) in the case of any loan of more than $45,000, but not more than $56,250, $22,500; “(III) in the case of any loan of more than $56,250, but not more than $144,000, the lesser of $36,000 or 40 percent of the loan; or “(IV) in the case of any loan of more than $144,000 for a purpose specified in clause (1), (2), (3), or (6) of section 1810(a) of this title, the lesser of $46,000 or 25 percent of the loan; or”; and

  44. Veterans Home Loan Indemnity and Restructuring Act of 1989

    Pub. L. 101–237 § 306(a)(2) · 103 Stat. 2062

    Inserted · 38 U.S.C. § 3703(a)(1)(B)

    Pub. L. 101–237, § 306(a)(2), inserted “, or in the case of a loan described in subparagraph (A)(i)(IV) of this paragraph, $46,000,” after “$36,000”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(B). Pub. L. 101–237, § 306(a)(2), inserted “, or in the case of a loan described in subparagraph (A)(i)(IV) of this paragraph, $46,000,” after “$36,000”.

    Enacted provision · exact public law section
    (2) in subparagraph (B), by striking out “$36,000” and inserting in lieu thereof “$36,000, or in the case of a loan described in subparagraph (A)(i)(IV) of this paragraph, $46,000,”.

  45. Veterans Home Loan Indemnity and Restructuring Act of 1989

    Pub. L. 101–237 § 313(b)(1) · 103 Stat. 2062

    Substituted · 38 U.S.C. § 3703(a)(2)

    Pub. L. 101–237, § 313(b)(1), substituted “Secretary” for “Administrator” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 101–237, § 313(b)(1), substituted “Secretary” for “Administrator” wherever appearing.

    Enacted provision · exact public law section
    (1) Chapters 23, 24, and 37 are amended by striking out “Administrator” and “Administrator’s” each place such terms appear (other than in sections 906(e)(2) and 1812(h)(2)(B) and in section 1845(a) the third place “Administrator” appears) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

  46. Veterans Home Loan Indemnity and Restructuring Act of 1989

    Pub. L. 101–237 § 313(b)(6) · 103 Stat. 2062

    Substituted · 38 U.S.C. § 3703(c)(1)

    Pub. L. 101–237, § 313(b)(6), substituted “Secretary of Housing and Urban Development considers” for “Secretary considers”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 101–237, § 313(b)(6), substituted “Secretary of Housing and Urban Development considers” for “Secretary considers”.

    Enacted provision · exact public law section
    (6) Section 1803(c)(1) is amended by inserting “of Housing and Urban Development” after “Secretary” the second place it appears.

  47. Veterans Home Loan Indemnity and Restructuring Act of 1989

    Pub. L. 101–237 § 313(b)(1) · 103 Stat. 2062

    Substituted · 38 U.S.C. § 3703(c)(1)

    Pub. L. 101–237, § 313(b)(1), substituted “Secretary” for “Administrator” wherever appearing

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–237, § 313(b)(1), substituted “Secretary” for “Administrator” wherever appearing.

    Enacted provision · exact public law section
    (1) Chapters 23, 24, and 37 are amended by striking out “Administrator” and “Administrator’s” each place such terms appear (other than in sections 906(e)(2) and 1812(h)(2)(B) and in section 1845(a) the third place “Administrator” appears) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

  48. Veterans Home Loan Indemnity and Restructuring Act of 1989

    Pub. L. 101–237 § 313(b)(1) · 103 Stat. 2062

    Substituted · 38 U.S.C. § 3703(c)(2)(B); 38 U.S.C. § 3703(c)(3)(D)

    Pub. L. 101–237, § 313(b)(1), substituted “Secretary” for “Administrator”

    Source evidence

    Code amendment note
    Subsec. (c)(2)(B), (3)(D). Pub. L. 101–237, § 313(b)(1), substituted “Secretary” for “Administrator”.

    Enacted provision · exact public law section
    (1) Chapters 23, 24, and 37 are amended by striking out “Administrator” and “Administrator’s” each place such terms appear (other than in sections 906(e)(2) and 1812(h)(2)(B) and in section 1845(a) the third place “Administrator” appears) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

  49. Veterans Home Loan Indemnity and Restructuring Act of 1989

    Pub. L. 101–237 § 313(b)(1) · 103 Stat. 2062

    Substituted · 38 U.S.C. § 3703(d)(2)(B); 38 U.S.C. § 3703(d)(2)(C); 38 U.S.C. § 3703(d)(2)(3)

    Pub. L. 101–237, § 313(b)(1), substituted “Secretary” and “Secretary’s” for “Administrator” and “Administrator’s”, respectively, wherever appearing

    Source evidence

    Code amendment note
    Subsec. (d)(2)(B), (C), (3). Pub. L. 101–237, § 313(b)(1), substituted “Secretary” and “Secretary’s” for “Administrator” and “Administrator’s”, respectively, wherever appearing.

    Enacted provision · exact public law section
    (1) Chapters 23, 24, and 37 are amended by striking out “Administrator” and “Administrator’s” each place such terms appear (other than in sections 906(e)(2) and 1812(h)(2)(B) and in section 1845(a) the third place “Administrator” appears) and inserting in lieu thereof “Secretary” and “Secretary’s”, respectively.

  50. Veterans Home Loan Indemnity and Restructuring Act of 1989

    Pub. L. 101–237 § 304(a) · 103 Stat. 2062

    Added · 38 U.S.C. § 3703(e)

    Pub. L. 101–237, § 304(a), added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 101–237, § 304(a), added subsec. (e).

    Enacted provision · exact public law section
    (a) In General.— Section 1803 is amended by adding at the end the following new subsection: “(e) (1) Except as provided in paragraph (2) of this subsection, an Fraud. individual who pays a fee under section 1829 of this title, or who is exempted under section 1829(c)(1) of this title from paying such fee, with respect to a housing loan guaranteed or insured under this chapter that is closed after December 31, 1989, shall have no liability to the Secretary with respect to the loan for any loss resulting from any default of such individual except in the case of fraud, misrepresentation, or bad faith by such individual in obtaining the loan or in connection with the loan default. “(2) The exemption from liability provided by paragraph (1) of this subsection shall not apply to— “(A) an individual from whom a fee is collected (or who is exempted from such fee) under section 1829(b) of this title; or “(B) a loan made for any purpose specified in section 1812 of this title.”.

  51. Pub. L. 102–54 § 6(1) · 105 Stat. 267

    1. Inserted · 38 U.S.C. § 3703(a)(1)(A)(i)(III)

      Pub. L. 102–54, § 6(1), inserted “except as provided in subclause (IV) of this clause,” after “(III)”

    2. Struck · 38 U.S.C. § 3703(a)(1)(A)(i)(III)

      Pub. L. 102–54, § 6(1), struck out “but not more than $144,000,” after “$56,250,”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(A)(i)(III). Pub. L. 102–54, § 6(1), inserted “except as provided in subclause (IV) of this clause,” after “(III)” and struck out “but not more than $144,000,” after “$56,250,”.

    Enacted provision · exact public law section
    (1) in subclause (III)— (A) by inserting “except as provided in subclause (IV) of this clause,” after “(III)”; and (B) by striking out “but not more than $144,000,”; and

  52. Pub. L. 102–54 § 6(2) · 105 Stat. 267

    Substituted · 38 U.S.C. § 3703(a)(1)(A)(i)(IV)

    Pub. L. 102–54, § 6(2), substituted “(6), or (8)” for “or (6)”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–54, § 6(2), substituted “(6), or (8)” for “or (6)”.

    Enacted provision · exact public law section
    (2) in subclause (IV), by striking out “or (6)” and inserting in lieu thereof “(6), or (8)”.

  53. Pub. L. 102–54 § 4(b) · 105 Stat. 267

    Added · 38 U.S.C. § 3703(f)

    Pub. L. 102–54, § 4(b), added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 102–54, § 4(b), added subsec. (f).

    Enacted provision · exact public law section
    (b) Application Requirements.— Section 1803 of such title is amended by adding at the end the following:

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

    Changed · 38 U.S.C. § 3703

    Pub. L. 102–83, § 5(a), renumbered section 1803 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 1803 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.

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

    Substituted · 38 U.S.C. § 3703(a)(1)(A)

    Pub. L. 102–83, § 5(c)(1), substituted “3710” for “1810” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(1)(A). Pub. L. 102–83, § 5(c)(1), substituted “3710” for “1810” in introductory provisions.

    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.

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

    Substituted · 38 U.S.C. § 3703(a)(1)(A)(i)(IV)

    Pub. L. 102–83, § 5(c)(1), substituted “3710(a)” for “1810(a)”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(A)(i)(IV). Pub. L. 102–83, § 5(c)(1), substituted “3710(a)” for “1810(a)”.

    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.

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

    1. Substituted · 38 U.S.C. § 3703(a)(1)(B)

      Pub. L. 102–83, § 5(c)(1), substituted “3710” for “1810”

    2. Substituted · 38 U.S.C. § 3703(a)(1)(B)

      Pub. L. 102–83, § 5(c)(1), substituted “3702(b)” for “1802(b)”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(B). Pub. L. 102–83, § 5(c)(1), substituted “3710” for “1810” and “3702(b)” for “1802(b)”.

    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.

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

    Substituted · 38 U.S.C. § 3703(c)(1)

    Pub. L. 102–83, § 5(c)(1), substituted “3710(a)” for “1810(a)”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 102–83, § 5(c)(1), substituted “3710(a)” for “1810(a)”.

    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.

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

    1. Substituted · 38 U.S.C. § 3703(c)(3)

      Pub. L. 102–83, § 5(c)(1), substituted “3710(a)” for “1810(a)” in subpar. (E)

    2. Substituted · 38 U.S.C. § 3703(c)(3)

      Pub. L. 102–83, § 5(c)(1), substituted “3712(a)(1)(F)” for “1812(a)(1)(F)” in subpar. (E)

    3. Substituted · 38 U.S.C. § 3703(c)(3)

      Pub. L. 102–83, § 5(c)(1), substituted “3710(a)(9)(B)(ii) or 3712(a)(1)(G)” for “1810(a)(9)(B)(ii) or 1812(a)(1)(G)” in subpar. (E)

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 102–83, § 5(c)(1), substituted “3710(a)” for “1810(a)” and “3712(a)(1)(F)” for “1812(a)(1)(F)” in subpar. (A), “3710(a)” for “1810(a)” in subpar. (B), and “3710(a)(9)(B)(ii) or 3712(a)(1)(G)” for “1810(a)(9)(B)(ii) or 1812(a)(1)(G)” in subpar. (E).

    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.

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

    1. Substituted · 38 U.S.C. § 3703(e)(1)

      Pub. L. 102–83, § 5(c)(1), substituted “3729” for “1829”

    2. Substituted · 38 U.S.C. § 3703(e)(1)

      Pub. L. 102–83, § 5(c)(1), substituted “3729(c)(1)” for “1829(c)(1)”

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 102–83, § 5(c)(1), substituted “3729” for “1829” and “3729(c)(1)” for “1829(c)(1)”.

    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.

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

    1. Substituted · 38 U.S.C. § 3703(e)(2)

      Pub. L. 102–83, § 5(c)(1), substituted “3729(b)” for “1829(b)” in subpar. (B)

    2. Substituted · 38 U.S.C. § 3703(e)(2)

      Pub. L. 102–83, § 5(c)(1), substituted “3712” for “1812” in subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 102–83, § 5(c)(1), substituted “3729(b)” for “1829(b)” in subpar. (A) and “3712” for “1812” in subpar. (B).

    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.

  62. Veterans Home Loan Program Amendments of 1992

    Pub. L. 102–547 § 10(a)(1) · 106 Stat. 3633

    1. Substituted · 38 U.S.C. § 3703(c)(1)

      Pub. L. 102–547, § 10(a)(1), in first sentence substituted “applicable to” for “the Secretary of Housing and Urban Development considers necessary to meet the mortgage market for”

    2. Struck · 38 U.S.C. § 3703(c)(1)

      Pub. L. 102–547, § 10(a)(1), in first sentence struck out “, and, to the maximum extent practicable, carry out a coordinated policy on interest rates on loans insured under such section 203(b) and on loans guaranteed or insured under this chapter” after “(12 U.S.C. 1709(b))”

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 102–547, § 10(a)(1), in first sentence substituted “applicable to” for “the Secretary of Housing and Urban Development considers necessary to meet the mortgage market for” and struck out “, and, to the maximum extent practicable, carry out a coordinated policy on interest rates on loans insured under such section 203(b) and on loans guaranteed or insured under this chapter” after “(12 U.S.C. 1709(b))”.

    Enacted provision · exact public law section
    (1) in the first sentence of paragraph (1)— (A) by striking “the Secretary of Housing and Urban Development considers necessary to meet the mortgage market for” and inserting “applicable to”; and (B) by striking all that follows “(12 U.S.C. 1709(b))” and inserting a period; and

  63. Veterans Home Loan Program Amendments of 1992

    Pub. L. 102–547 § 10(a)(2) · 106 Stat. 3633

    Added · 38 U.S.C. § 3703(c)(4)

    Pub. L. 102–547, § 10(a)(2), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (c)(4). Pub. L. 102–547, § 10(a)(2), added par. (4).

    Enacted provision · exact public law section
    (2) by adding at the end the following: “(4) (A) In guaranteeing or insuring loans under this chapter, the Secretary may elect whether to require that such loans bear interest at a rate that is— “(i) agreed upon by the veteran and the mortgagee; or “(ii) established under paragraph (1). The Secretary may, from time to time, change the election under this subparagraph. “(B) Any veteran, under a loan described in subparagraph (A)(i), may pay reasonable discount points in connection with the loan. Discount points may not be financed as part of the principal amount of a loan guaranteed or insured under this chapter. “(C) Not later than 10 days after an election under subparagraph (A), the Secretary shall transmit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a notification of the election, together with an explanation of the reasons therefor. “(D) This paragraph shall expire on December 31, 1995.”. Termination date. 38 USC 3703 note.

  64. Pub. L. 103–78 § 6 · 107 Stat. 767

    Substituted · 38 U.S.C. § 3703(c)(4)(B)

    Pub. L. 103–78 in second sentence substituted “Except in the case of a loan for the purpose specified in section 3710(a)(8), 3710(b)(7), or 3712(a)(1)(F) of this title, discount” for “Discount”

    Source evidence

    Code amendment note
    Subsec. (c)(4)(B). Pub. L. 103–78 in second sentence substituted “Except in the case of a loan for the purpose specified in section 3710(a)(8), 3710(b)(7), or 3712(a)(1)(F) of this title, discount” for “Discount”.

    Enacted provision · exact public law section
    SEC. 6. TECHNICAL CORRECTION RELATING TO THE FINANCING OF DISCOUNT POINTS. Section 3703(c)(4)(B) of title 38, United States Code, is amended in the second sentence by striking out “Discount” and inserting in lieu thereof “Except in the case of a loan for the purpose specified in section 3710(a)(8), 3710(b)(7), or 3712(a)(1)(F) of this title, discount”.

  65. Uniformed Services Employment and Reemployment Rights Act of 1994

    Pub. L. 103–353 § 7 · 108 Stat. 3149

    Substituted · 38 U.S.C. § 3703(a)(1)(A)(i)(IV); 38 U.S.C. § 3703(a)(1)(A)(i)(B)

    Pub. L. 103–353 substituted “$50,750” for “$46,000”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(A)(i)(IV), (B). Pub. L. 103–353 substituted “$50,750” for “$46,000”.

    Enacted provision · exact public law section
    SEC. 7. INCREASE IN AMOUNT OF LOAN GUARANTY FOR LOANS FOR THE PURCHASE OR CONSTRUCTION OF HOMES. Subparagraphs (A)(i)(IV) and (B) of section 3703(a)(1) of title 38, United States Code, are each amended by striking out “$46,000” and inserting in lieu thereof “$50,750”.

  66. Pub. L. 104–110 title I § 101(d) · 110 Stat. 768

    Struck · 38 U.S.C. § 3703(c)(4)(D)

    Pub. L. 104–110 struck out subpar. (D) which read as follows: “This paragraph shall expire on December 31, 1995.”

    Source evidence

    Code amendment note
    Subsec. (c)(4)(D). Pub. L. 104–110 struck out subpar. (D) which read as follows: “This paragraph shall expire on December 31, 1995.”

    Enacted provision · exact public law section
    (d) Negotiated Interest Rates.— Section 3703(c)(4) of such title is amended by striking out subparagraph (D).

  67. Pub. L. 105–368 title VI § 602(e)(1)(A) · 112 Stat. 3315

    Substituted · 38 U.S.C. § 3703(e)(1)

    Pub. L. 105–368 substituted “3729(c)” for “3729(c)(1)”

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 105–368 substituted “3729(c)” for “3729(c)(1)”.

    Enacted provision · exact public law section
    (A) Section 3703(e)(1) is amended by striking “3729(c)(1)” and inserting “3729(c)”.

  68. Veterans Education and Benefits Expansion Act of 2001

    Pub. L. 107–103 title IV § 401 · 115 Stat. 976

    Substituted · 38 U.S.C. § 3703(a)(1)(A)(i)(IV); 38 U.S.C. § 3703(a)(1)(A)(i)(B)

    Pub. L. 107–103 substituted “$60,000” for “$50,750”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(A)(i)(IV), (B). Pub. L. 107–103 substituted “$60,000” for “$50,750”.

    Enacted provision · exact public law section
    SEC. 401. INCREASE IN HOME LOAN GUARANTY AMOUNT FOR CONSTRUCTION AND PURCHASE OF HOMES. Section 3703(a)(1) is amended by striking “$50,750” each place it appears in subparagraphs (A)(i)(IV) and (B) and inserting “$60,000”.

  69. Pub. L. 107–330 title III § 308(f)(1) · 116 Stat. 2820

    Substituted · 38 U.S.C. § 3703(e)(2)(A)

    Pub. L. 107–330 substituted “3729(b)(2)(I)” for “3729(b)”

    Source evidence

    Code amendment note
    Subsec. (e)(2)(A). Pub. L. 107–330 substituted “3729(b)(2)(I)” for “3729(b)”.

    Enacted provision · exact public law section
    (1) Section 3703(e)(2)(A) is amended by striking “3729(b)” and inserting “3729(b)(2)(I)”.

  70. Veterans Benefits Improvement Act of 2004

    Pub. L. 108–454 § 403(a) · 118 Stat. 3598

    Substituted · 38 U.S.C. § 3703(a)(1)(A)(i)(IV); 38 U.S.C. § 3703(a)(1)(A)(i)(B)

    Pub. L. 108–454, § 403(a), substituted “the maximum guaranty amount (as defined in subparagraph (C))” for “$60,000”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(A)(i)(IV), (B). Pub. L. 108–454, § 403(a), substituted “the maximum guaranty amount (as defined in subparagraph (C))” for “$60,000”.

    Enacted provision · exact public law section
    (a) Maximum Loan Guaranty Based on 100 Percent of Freddie Mac Conforming Loan Rate.— Section 3703(a)(1) is amended by striking “$60,000” each place it appears in subparagraphs (A)(i)(IV) and (B) and inserting “the maximum guaranty amount (as defined in subparagraph (C))”.

  71. Veterans Benefits Improvement Act of 2004

    Pub. L. 108–454 § 403(b) · 118 Stat. 3598

    Added · 38 U.S.C. § 3703(a)(1)(C)

    Pub. L. 108–454, § 403(b), added subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (a)(1)(C). Pub. L. 108–454, § 403(b), added subpar. (C).

    Enacted provision · exact public law section
    (b) Definition.— Such section is further amended by adding at the end the following new subparagraph: “(C) In this paragraph, the term ‘maximum guaranty amount’ means the dollar amount that is equal to 25 percent of the Freddie Mac conforming loan limit limitation determined under section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)) for a single-family residence, as adjusted for the year involved.” .

  72. Veterans’ Benefits Improvement Act of 2008

    Pub. L. 110–389 title V § 504(a) · 122 Stat. 4145

    Inserted · 38 U.S.C. § 3703(a)(1)(A)(i)(IV)

    Pub. L. 110–389 inserted “(5),” after “(3),”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(A)(i)(IV). Pub. L. 110–389 inserted “(5),” after “(3),”.

    Enacted provision · exact public law section
    (a) Inclusion of Refinancing Loans Among Loans Subject to Guaranty Maximum.— Section 3703(a)(1)(A)(i)(IV) is amended by inserting “(5),” after “(3),”.

  73. Helping Families Save Their Homes Act of 2009

    Pub. L. 111–22 div. A title I § 102(a) · 123 Stat. 1632

    Inserted · 38 U.S.C. § 3703(d)(1)

    Pub. L. 111–22 inserted “at the time of origination” after “loan”

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 111–22 inserted “at the time of origination” after “loan”.

    Enacted provision · exact public law section
    (a) Maturity of Housing Loans.— Section 3703(d)(1) of title 38, United States Code, is amended by inserting “at the time of origination” after “loan”.

  74. Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012

    Pub. L. 112–154 title VII § 701(d) · 126 Stat. 1165

    Amended · 38 U.S.C. § 3703(d)(3)

    Pub. L. 112–154 amended par. (3) generally. Prior to amendment, par. (3) read as follows: “Any real estate housing loan (other than for repairs, alterations, or improvements) shall be secured by a first lien on the realty. In determining whether a loan for the purchase or construction of a home is so secured, the Secretary may disregard a superior lien created by a duly recorded covenant running with the realty in favor of a private entity to secure an obligation to such entity for the homeowner’s share of the costs of the management, operation, or maintenance of property, services or programs within and for the benefit of the development or community in which the veteran’s realty is located, if the Secretary determines that the interests of the veteran borrower and of the Government will not be prejudiced by the operation of such covenant. In respect to any such superior lien to be created after June 6, 1969, the Secretary’s determination must have been made prior to the recordation of the covenant.”

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 112–154 amended par. (3) generally. Prior to amendment, par. (3) read as follows: “Any real estate housing loan (other than for repairs, alterations, or improvements) shall be secured by a first lien on the realty. In determining whether a loan for the purchase or construction of a home is so secured, the Secretary may disregard a superior lien created by a duly recorded covenant running with the realty in favor of a private entity to secure an obligation to such entity for the homeowner’s share of the costs of the management, operation, or maintenance of property, services or programs within and for the benefit of the development or community in which the veteran’s realty is located, if the Secretary determines that the interests of the veteran borrower and of the Government will not be prejudiced by the operation of such covenant. In respect to any such superior lien to be created after June 6, 1969, the Secretary’s determination must have been made prior to the recordation of the covenant.”

    Enacted provision · exact public law section
    (d) Covenants and Liens Created by Public Entities in Response to Disaster-Relief Assistance.— Paragraph (3) of section 3703(d) is amended to read as follows: “(3) (A) Any real estate housing loan (other than for repairs, alterations, or improvements) shall be secured by a first lien on the realty. In determining whether a loan is so secured, the Secretary may either disregard or allow for subordination to a superior lien created by a duly recorded covenant running with the realty in favor of either of the following: “(i) A public entity that has provided or will provide assistance in response to a major disaster as determined by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). “(ii) A private entity to secure an obligation to such entity for the homeowner’s share of the costs of the management, operation, or maintenance of property, services, or programs within and for the benefit of the development or community in which the veteran’s realty is located, if the Secretary determines that the interests of the veteran borrower and of the Government will not be prejudiced by the operation of such covenant. “(B) With respect to any superior lien described in subparagraph (A) created after June 6, 1969, the Secretary’s determination under clause (ii) of such subparagraph shall have been made prior to the recordation of the covenant.” .

  75. Blue Water Navy Vietnam Veterans Act of 2019

    Pub. L. 116–23 § 6(a)(1)(A)(i) · 133 Stat. 966

    Struck · 38 U.S.C. § 3703(a)(1)(A)(i)(IV)

    Pub. L. 116–23, § 6(a)(1)(A)(i), struck out “the lesser of the maximum guaranty amount (as defined in subparagraph (C)) or” before “25 percent”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(A)(i)(IV). Pub. L. 116–23, § 6(a)(1)(A)(i), struck out “the lesser of the maximum guaranty amount (as defined in subparagraph (C)) or” before “25 percent”.

    Enacted provision · exact public law section
    (i) in clause (i)(IV), by striking “the lesser of the maximum guaranty amount (as defined in subparagraph (C)) or”; and

    Effective date note
    Pub. L. 116–23, § 6(d), June 25, 2019, 133 Stat. 976, provided that: “The amendments made by this section [amending this section and sections 3710, 3729, and 3762 of this title] shall apply with respect to a loan guaranteed under section 3710 of title 38, United States Code, on or after January 1, 2020.”

  76. Blue Water Navy Vietnam Veterans Act of 2019

    Pub. L. 116–23 § 6(a)(1)(A)(ii) · 133 Stat. 966

    Substituted · 38 U.S.C. § 3703(a)(1)(A)(ii)

    Pub. L. 116–23, § 6(a)(1)(A)(ii), substituted “subparagraph (B) or (C)” for “subparagraph (B) of this paragraph”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(A)(ii). Pub. L. 116–23, § 6(a)(1)(A)(ii), substituted “subparagraph (B) or (C)” for “subparagraph (B) of this paragraph”.

    Enacted provision · exact public law section
    (ii) in clause (ii), by striking “subparagraph (B) of this paragraph” and inserting “subparagraph (B) or (C)”;

    Effective date note
    Pub. L. 116–23, § 6(d), June 25, 2019, 133 Stat. 976, provided that: “The amendments made by this section [amending this section and sections 3710, 3729, and 3762 of this title] shall apply with respect to a loan guaranteed under section 3710 of title 38, United States Code, on or after January 1, 2020.”

  77. Blue Water Navy Vietnam Veterans Act of 2019

    Pub. L. 116–23 § 6(a)(1)(B) · 133 Stat. 966

    1. Substituted · 38 U.S.C. § 3703(a)(1)(B)

      Pub. L. 116–23, § 6(a)(1)(B), substituted “With respect to loans described in subclauses (I), (II), or (III) of subparagraph (A)(i), the maximum” for “The maximum”

    2. Struck · 38 U.S.C. § 3703(a)(1)(B)

      Pub. L. 116–23, § 6(a)(1)(B), struck out “or in the case of a loan described in subparagraph (A)(i)(IV) of this paragraph, the maximum guaranty amount (as defined in subparagraph (C)),” after “$36,000,”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(B). Pub. L. 116–23, § 6(a)(1)(B), substituted “With respect to loans described in subclauses (I), (II), or (III) of subparagraph (A)(i), the maximum” for “The maximum” and struck out “or in the case of a loan described in subparagraph (A)(i)(IV) of this paragraph, the maximum guaranty amount (as defined in subparagraph (C)),” after “$36,000,”.

    Enacted provision · exact public law section
    (B) in subparagraph (B)— (i) by striking “The maximum” and inserting “With respect to loans described in subclauses (I), (II), or (III) of subparagraph (A)(i), the maximum”; and (ii) by striking “or in the case” and all that follows through “subparagraph (C)),”; and

    Effective date note
    Pub. L. 116–23, § 6(d), June 25, 2019, 133 Stat. 976, provided that: “The amendments made by this section [amending this section and sections 3710, 3729, and 3762 of this title] shall apply with respect to a loan guaranteed under section 3710 of title 38, United States Code, on or after January 1, 2020.”

  78. Blue Water Navy Vietnam Veterans Act of 2019

    Pub. L. 116–23 § 6(a)(1)(C) · 133 Stat. 966

    1. Added · 38 U.S.C. § 3703(a)(1)(C)

      Pub. L. 116–23, § 6(a)(1)(C), added subpar. (C)

    2. Struck · 38 U.S.C. § 3703(a)(1)(C)

      Pub. L. 116–23, § 6(a)(1)(C), struck out former subpar. (C) which read as follows: “In this paragraph, the term ‘maximum guaranty amount’ means the dollar amount that is equal to 25 percent of the Freddie Mac conforming loan limit limitation determined under section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)) for a single-family residence, as adjusted for the year involved.”

    Source evidence

    Code amendment note
    Subsec. (a)(1)(C). Pub. L. 116–23, § 6(a)(1)(C), added subpar. (C) and struck out former subpar. (C) which read as follows: “In this paragraph, the term ‘maximum guaranty amount’ means the dollar amount that is equal to 25 percent of the Freddie Mac conforming loan limit limitation determined under section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)) for a single-family residence, as adjusted for the year involved.”

    Enacted provision · exact public law section
    (C) by striking subparagraph (C) and inserting the following new subparagraph (C): “(C) (i) With respect to loans described in subclause (IV) of subparagraph (A)(i) made to a veteran not covered by clause (ii), the maximum amount of guaranty entitlement available to the veteran shall be 25 percent of the loan. “(ii) With respect to loans described in subclause (IV) of subparagraph (A)(i) made to a covered veteran, the maximum amount of guaranty entitlement available to the veteran shall be 25 percent of the Freddie Mac conforming loan limit, reduced by the amount of entitlement previously used by the veteran under this chapter and not restored as a result of the exclusion in section 3702(b) of this title. “(iii) In this subparagraph: “(I) The term ‘covered veteran’ means a veteran who has previously used entitlement under this chapter and for whom the full amount of entitlement so used has not been restored as a result of the exclusion in section 3702(b) of this title. “(II) The term ‘Freddie Mac conforming loan limit’ means the limit determined under section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)) for a single-family residence, as adjusted for the year involved.” .

    Effective date note
    Pub. L. 116–23, § 6(d), June 25, 2019, 133 Stat. 976, provided that: “The amendments made by this section [amending this section and sections 3710, 3729, and 3762 of this title] shall apply with respect to a loan guaranteed under section 3710 of title 38, United States Code, on or after January 1, 2020.”

91 of 96 references resolved to an enrolled provision · 5 partial

Editorial Notes

References in Text

The Servicemen’s Readjustment Act of 1944, referred to in subsec. (c)(2), is act June 22, 1944, ch. 268, 58 Stat. 284, which was classified generally to chapter 11C (§§ 693 to 697g) of former Title 38, Pensions, Bonuses, and Veterans’ Relief, which was repealed upon the enactment of Title 38, Veterans’ Benefits, by Pub. L. 85–857, , 72 Stat. 1105. For distribution of sections 693 to 697g of former Title 38 in this title, see Table preceding section 101 of this title.

The Robert T. Stafford Disaster Relief and Emergency Assistance Act, referred to in subsec. (d)(3)(A)(i), is Pub. L. 93–288, , 88 Stat. 143, which is classified principally to chapter 68 (§ 5121 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 5121 of Title 42 and Tables.

Amendments1959–2019 · 31 rounds

2019

Subsec. (a)(1)(A)(i)(IV). Pub. L. 116–23, § 6(a)(1)(A)(i), struck out “the lesser of the maximum guaranty amount (as defined in subparagraph (C)) or” before “25 percent”.

Subsec. (a)(1)(A)(ii). Pub. L. 116–23, § 6(a)(1)(A)(ii), substituted “subparagraph (B) or (C)” for “subparagraph (B) of this paragraph”.

Subsec. (a)(1)(B). Pub. L. 116–23, § 6(a)(1)(B), substituted “With respect to loans described in subclauses (I), (II), or (III) of subparagraph (A)(i), the maximum” for “The maximum” and struck out “or in the case of a loan described in subparagraph (A)(i)(IV) of this paragraph, the maximum guaranty amount (as defined in subparagraph (C)),” after “$36,000,”.

Subsec. (a)(1)(C). Pub. L. 116–23, § 6(a)(1)(C), added subpar. (C) and struck out former subpar. (C) which read as follows: “In this paragraph, the term ‘maximum guaranty amount’ means the dollar amount that is equal to 25 percent of the Freddie Mac conforming loan limit limitation determined under section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)) for a single-family residence, as adjusted for the year involved.”

2012

Subsec. (d)(3). Pub. L. 112–154 amended par. (3) generally. Prior to amendment, par. (3) read as follows: “Any real estate housing loan (other than for repairs, alterations, or improvements) shall be secured by a first lien on the realty. In determining whether a loan for the purchase or construction of a home is so secured, the Secretary may disregard a superior lien created by a duly recorded covenant running with the realty in favor of a private entity to secure an obligation to such entity for the homeowner’s share of the costs of the management, operation, or maintenance of property, services or programs within and for the benefit of the development or community in which the veteran’s realty is located, if the Secretary determines that the interests of the veteran borrower and of the Government will not be prejudiced by the operation of such covenant. In respect to any such superior lien to be created after , the Secretary’s determination must have been made prior to the recordation of the covenant.”

2009

Subsec. (d)(1). Pub. L. 111–22 inserted “at the time of origination” after “loan”.

2008

Subsec. (a)(1)(A)(i)(IV). Pub. L. 110–389 inserted “(5),” after “(3),”.

2004

Subsec. (a)(1)(A)(i)(IV), (B). Pub. L. 108–454, § 403(a), substituted “the maximum guaranty amount (as defined in subparagraph (C))” for “$60,000”.

Subsec. (a)(1)(C). Pub. L. 108–454, § 403(b), added subpar. (C).

2002

Subsec. (e)(2)(A). Pub. L. 107–330 substituted “3729(b)(2)(I)” for “3729(b)”.

2001

Subsec. (a)(1)(A)(i)(IV), (B). Pub. L. 107–103 substituted “$60,000” for “$50,750”.

1998

Subsec. (e)(1). Pub. L. 105–368 substituted “3729(c)” for “3729(c)(1)”.

1996

Subsec. (c)(4)(D). Pub. L. 104–110 struck out subpar. (D) which read as follows: “This paragraph shall expire on .”

1994

Subsec. (a)(1)(A)(i)(IV), (B). Pub. L. 103–353 substituted “$50,750” for “$46,000”.

1993

Subsec. (c)(4)(B). Pub. L. 103–78 in second sentence substituted “Except in the case of a loan for the purpose specified in section 3710(a)(8), 3710(b)(7), or 3712(a)(1)(F) of this title, discount” for “Discount”.

1992

Subsec. (c)(1). Pub. L. 102–547, § 10(a)(1), in first sentence substituted “applicable to” for “the Secretary of Housing and Urban Development considers necessary to meet the mortgage market for” and struck out “, and, to the maximum extent practicable, carry out a coordinated policy on interest rates on loans insured under such section 203(b) and on loans guaranteed or insured under this chapter” after “(12 U.S.C. 1709(b))”.

Subsec. (c)(4). Pub. L. 102–547, § 10(a)(2), added par. (4).

1991

Pub. L. 102–83, § 5(a), renumbered section 1803 of this title as this section.

Subsec. (a)(1)(A). Pub. L. 102–83, § 5(c)(1), substituted “3710” for “1810” in introductory provisions.

Subsec. (a)(1)(A)(i)(III). Pub. L. 102–54, § 6(1), inserted “except as provided in subclause (IV) of this clause,” after “(III)” and struck out “but not more than $144,000,” after “$56,250,”.

Subsec. (a)(1)(A)(i)(IV). Pub. L. 102–83, § 5(c)(1), substituted “3710(a)” for “1810(a)”.

Pub. L. 102–54, § 6(2), substituted “(6), or (8)” for “or (6)”.

Subsec. (a)(1)(B). Pub. L. 102–83, § 5(c)(1), substituted “3710” for “1810” and “3702(b)” for “1802(b)”.

Subsec. (c)(1). Pub. L. 102–83, § 5(c)(1), substituted “3710(a)” for “1810(a)”.

Subsec. (c)(3). Pub. L. 102–83, § 5(c)(1), substituted “3710(a)” for “1810(a)” and “3712(a)(1)(F)” for “1812(a)(1)(F)” in subpar. (A), “3710(a)” for “1810(a)” in subpar. (B), and “3710(a)(9)(B)(ii) or 3712(a)(1)(G)” for “1810(a)(9)(B)(ii) or 1812(a)(1)(G)” in subpar. (E).

Subsec. (e)(1). Pub. L. 102–83, § 5(c)(1), substituted “3729” for “1829” and “3729(c)(1)” for “1829(c)(1)”.

Subsec. (e)(2). Pub. L. 102–83, § 5(c)(1), substituted “3729(b)” for “1829(b)” in subpar. (A) and “3712” for “1812” in subpar. (B).

Subsec. (f). Pub. L. 102–54, § 4(b), added subsec. (f).

1989

Subsec. (a)(1)(A)(i). Pub. L. 101–237, § 306(a)(1), added subcls. (II) to (IV) and struck out former subcl. (II) which read as follows: “in the case of any loan of more than $45,000, the lesser of $36,000 or 40 percent of the loan, except that the amount of such guaranty for any such loan shall not be less than $22,500; or”.

Subsec. (a)(1)(B). Pub. L. 101–237, § 306(a)(2), inserted “, or in the case of a loan described in subparagraph (A)(i)(IV) of this paragraph, $46,000,” after “$36,000”.

Subsec. (a)(2). Pub. L. 101–237, § 313(b)(1), substituted “Secretary” for “Administrator” wherever appearing.

Subsec. (c)(1). Pub. L. 101–237, § 313(b)(6), substituted “Secretary of Housing and Urban Development considers” for “Secretary considers”.

Pub. L. 101–237, § 313(b)(1), substituted “Secretary” for “Administrator” wherever appearing.

Subsec. (c)(2)(B), (3)(D). Pub. L. 101–237, § 313(b)(1), substituted “Secretary” for “Administrator”.

Subsec. (d)(2)(B), (C), (3). Pub. L. 101–237, § 313(b)(1), substituted “Secretary” and “Secretary’s” for “Administrator” and “Administrator’s”, respectively, wherever appearing.

Subsec. (e). Pub. L. 101–237, § 304(a), added subsec. (e).

1988

Pub. L. 100–322, § 415(a)(3)(B), inserted “and insurance” in section catchline.

Subsec. (a)(1). Pub. L. 100–322, § 415(d)(1), inserted “as specified in subparagraph (B) of this paragraph” before period at end of cl. (A)(ii) and substituted “for purposes specified in section 1810 of this title” for “under section 1810 of this chapter” in cl. (B).

Pub. L. 100–253 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Any loan to a veteran eligible for benefits under this chapter, if made for any of the purposes specified in section 1810 of this title and in compliance with the provisions of this chapter, is automatically guaranteed by the United States in an amount not to exceed—

“(A) in the case of any loan of not more than $45,000, 50 percent of the loan; or

“(B) in the case of any loan of more than $45,000, 40 percent of the loan or $36,000, whichever is less, except that the amount of such guaranty for any such loan shall not be less than $22,500;

reduced by the amount of entitlement previously used by the veteran under this chapter and not restored as a result of the exclusion in section 1802(b) of this title.”

Subsec. (a)(2). Pub. L. 100–322, § 415(a)(3)(A)(ii), (iii), (B)(ii), redesignated subsecs. (a) and (b) of section 1815 of this title as subpars. (A) and (B), respectively, of par. (2) of subsec. (a) of this section and struck out former par. (2) which read as follows: “Any unused entitlement of World War II or Korean conflict veterans which expired under provisions of law in effect before , is hereby restored and shall not expire until used.”

Subsec. (c)(3)(A). Pub. L. 100–322, § 415(c)(2)(A), substituted “1812(a)(1)(F)” for “1819(a)(1)(F)”.

Subsec. (c)(3)(E). Pub. L. 100–322, § 415(c)(2)(B), substituted “1812(a)(1)(G)” for “1819(a)(1)(G)”.

1987

Subsec. (a)(1). Pub. L. 100–198 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Any loan to a veteran eligible for benefits under this chapter, if made for any of the purposes, and in compliance with the provisions, specified in this chapter is automatically guaranteed by the United States in an amount not more than 60 percent of the loan if the loan is made for any of the purposes specified in section 1810 of this title.”

1984

Subsec. (c)(3)(A). Pub. L. 98–223, § 205(c)(1), substituted “, (8), or (9)(B)(i)” for “or (8)”.

Subsec. (c)(3)(E). Pub. L. 98–223, § 205(c)(2), inserted “1810(a)(9)(B)(ii) or” after “section”.

1982

Subsec. (a)(1). Pub. L. 97–295, § 4(61), substituted “percent” for “per centum”.

Subsec. (a)(2). Pub. L. 97–295, § 4(63)(A), substituted “before ,” for “prior to the date of enactment of the Veterans’ Housing Act of 1970”.

Subsec. (c)(1). Pub. L. 97–295, § 4(63)(B), inserted “(12 U.S.C. 1709(b))” after “the National Housing Act”.

Subsec. (c)(3). Pub. L. 97–306, § 406(b)(1), substituted “used—” for “used:”. Notwithstanding that Pub. L. 97–306 directed amendment be made in provisions preceding cl. (1), amendment was executed in provisions preceding cl. (A) as the probable intent of Congress in view of the absence of a cl. (1) in subsec. (c)(3).

Subsec. (c)(3)(E). Pub. L. 97–306, § 406(b)(2)–(4), added cl. (E).

Subsec. (d)(3). Pub. L. 97–295, § 4(63)(C), substituted “” for “the effective date of this amendment”.

1981

Subsec. (a)(2)(A) [formerly § 1815(a)]. Pub. L. 97–72, § 303(e), substituted “Any housing loan” for “Any loan”. See 1988 Amendment note above.

Subsec. (d)(1). Pub. L. 97–72, § 303(c)(1), substituted “any housing loan” for “any loan”.

Subsec. (d)(2). Pub. L. 97–66 designated existing provisions as subpar. (A) and added subpars. (B) and (C).

Subsec. (d)(3). Pub. L. 97–72, § 303(c)(2), substituted “Any real estate housing loan” for “Any real estate loan”.

1980

Subsec. (c)(3)(A). Pub. L. 96–385 substituted “clause (5) or (8) of section 1810(a) of this title or section 1819(a)(1)(F) of this title” for “section 1810(a)(5)”.

1978

Subsec. (a)(1). Pub. L. 95–476, § 103(a), substituted provision extending loan guarantees under this section to veterans eligible for benefits under this chapter for provision limiting such guarantees to World War II or Korean conflict veterans.

Subsec. (c)(1). Pub. L. 95–476, § 103(b)(1), inserted provision authorizing the Administrator in establishing rates of interest under this paragraph for purposes of cls. (4) to (7) of section 1810(a) of this title to establish rates higher than the rate specified for other purposes under such section but not in excess of the rate the Administrator may find the loan market demands for loans for such purposes.

Subsec. (c)(3)(B). Pub. L. 95–476, § 103(b)(2), substituted “clauses (4) and (7) of section 1810(a) of this title” for “section 1810(a)(4)”.

1976

Subsec. (a)(2)(A) [formerly § 1815(a)]. Pub. L. 94–324, § 7(16), substituted “the Administrator will” for “he will”. See 1988 Amendment note above.

Subsec. (d)(3). Pub. L. 94–324, § 7(6), substituted “the Administrator determines” for “he determines”.

1974

Subsec. (a)(1). Pub. L. 93–569, § 8(1), struck out “and not more than 50 per centum of the loan if the loan is for any of the purposes specified in section 1812, 1813, or 1814 of this title” after “section 1810 of this title”.

Subsec. (a)(2)(B) [formerly § 1815(b)]. Pub. L. 93–569, § 8(5), struck out provision authorizing the Administrator to fix maximum interest rate payable on non-real-estate loans at not in excess of 3 percent discount rate or an equivalent straight interest rate on unamortized loans.

Pub. L. 93–569, § 8(2), struck out provision that, except as provided in sections 1810, 1811, and 1819, the aggregate amount guaranteed should not be more than $2,000 in the case of non-real-estate loans, nor $4,000 in the case of real-estate loans or a prorated portion thereof in a combination loan.

Subsec. (c)(3). Pub. L. 93–569, § 2(c), added par. (3).

Subsec. (d)(1). Pub. L. 93–569, § 8(3), substituted provision that the maturity of any loan shall not be more than thirty years and thirty-two days for provisions that non-real-estate loans shall not be more than ten years except as provided in section 1819, that the maturity of a real estate loan be not more than thirty years, and a loan on farm realty be not more than forty years.

Subsec. (d)(3). Pub. L. 93–569, § 8(4), struck out provision that any non-real-estate loan should be secured by personalty to the extent legal and practicable.

1973

Subsec. (c)(1). Pub. L. 93–75 substituted provisions requiring the Administrator to consult with the Secretary of Housing and Urban Development regarding the establishment of the rate of interest the Secretary considers necessary to meet the mortgage market for home loans insured under section 203(b) of the National Housing Act, and to carry out a coordinated policy on interest rates on loans insured under such section 203(b) and on loans guaranteed or insured under this chapter, for former provision limiting rate of interest to rate in effect under section 203(b)(5) of the National Housing Act.

1970

Subsec. (a). Pub. L. 91–506, § 2(b), struck out loan eligibility expiration dates for World War II and Korean conflict veterans and inserted provision restoring expired entitlements of World War II and Korean conflict veterans and providing that such entitlements shall not expire until used.

Subsec. (b). Pub. L. 91–506, § 2(c)(1), substituted “1810, 1811, and 1819” for “1810 and 1811”.

Subsec. (d)(1). Pub. L. 91–506, § 2(c)(2), limited maturity of non-real-estate loan to not more than ten years except as provided in section 1819 of this title.

1969

Subsec. (d)(3). Pub. L. 91–22 authorized the Administrator, in determining whether a Government loan is secured by a first lien on realty, to disregard a superior lien created by a duly recorded covenant which secures a veteran homeowner’s share of the costs of managing, operating or maintaining property, services or programs common to the community in which the veteran’s home is located, provided the interests of the Government and the veteran borrower are not prejudiced.

1967

Subsec. (a)(3)(A). Pub. L. 90–77 extended in cls. (i) and (ii) loan program for certain World War II veterans from to .

1966

Subsec. (c)(1). Pub. L. 89–358 struck out provision for approval of rate of interest by the Secretary of the Treasury and substituted provision for a rate not in excess of that in effect under section 203(b)(5) of the National Housing Act, section 1709(b)(5) of Title 12, for former limitation of 5¼ per centum per annum.

1961

Subsec. (a). Pub. L. 87–84 substituted “to a World War II or Korean conflict veteran, if made within the applicable period prescribed in paragraph (3) of this subsection” for “made to a World War II veteran, if made before (or, in the case of a veteran described in section 1801(a)(1)(B) of this title, before the expiration of fifteen years after World War II is deemed to have ended with respect to him), or to a Korean conflict veteran, if made before ,” in par. (1), and “is received by the Administrator before the date of the expiration of the veteran’s entitlement, the loan” for “to a World War II veteran, whose entitlement would otherwise expire on , has been received by the Administrator before , such loan” in par. (2), and added par. (3).

1960

Subsec. (a). Pub. L. 86–665 substituted “1962” for “1960” in three places, “fifteen” for “thirteen” years, and “after such date” for “before ”.

1959

Subsec. (c)(1). Pub. L. 86–73 struck out requirement that the interest rate on a Veterans’ Administration guarantee for direct loan be at least one-half of one percent below the prevailing rate on FHA-insured sales housing loans and increased the interest rate ceiling from 4¾ to 5¼ percent.

Statutory Notes and Related Subsidiaries

Effective Date of 2019 Amendment

Pub. L. 116–23, § 6(d), , 133 Stat. 976, provided that: “The amendments made by this section [amending this section and sections 3710, 3729, and 3762 of this title] shall apply with respect to a loan guaranteed under section 3710 of title 38, United States Code, on or after .”

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–154 effective on the date that is one year after , see section 701(g) of Pub. L. 112–154, set out as an Effective Date note under section 2109 of this title.

Effective Date of 2002 Amendment

Pub. L. 107–330, title III, § 308(f)(2), , 116 Stat. 2828, provided that: “The amendment made by paragraph (1) [amending this section] shall take effect as if included in the enactment of section 402 of the Veterans Benefits and Health Care Improvement Act of 2000 (Public Law 106–419; 114 Stat. 1861).”

Effective Date of 1998 Amendment

Amendment by Pub. L. 105–368 effective , see section 602(f) of Pub. L. 105–368, set out as a note under section 2106 of this title.

Effective Date of 1994 Amendment

Amendment by Pub. L. 103–353 effective with respect to reemployments initiated on or after the first day after the 60-day period beginning , with transition rules, see section 8 of Pub. L. 103–353, set out as an Effective Date note under section 4301 of this title.

Effective Date of 1989 Amendment

Pub. L. 101–237, title III, § 306(b), , 103 Stat. 2074, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [] and shall apply only with respect to loans closed after such date.”

Effective Date of 1988 Amendment

Pub. L. 100–253, § 3(c), , 102 Stat. 21, provided that: “The amendments made by this section [amending this section and section 1819 [now 3712] of this title] shall apply to loans which are closed on or after , except that they shall not apply to any loan for which a guaranty commitment is made on or before .”

Effective Date of 1987 Amendment

Pub. L. 100–198, § 3(d), , 101 Stat. 1316, provided that: “The amendments made by this section [amending this section and sections 1810, 1811, and 1819 [now 3710, 3711, and 3712] of this title] shall apply to loans which are closed on or after , except that they shall not apply to any loan for which a guaranty commitment is made on or before .”

Effective Date of 1981 Amendments

Amendment by Pub. L. 97–72 effective at end of 180-day period beginning on , see section 305 of Pub. L. 97–72, set out as an Effective Date note under section 3741 of this title.

Amendment by Pub. L. 97–66 effective , see section 701(b)(1) of Pub. L. 97–66, set out as a note under section 1114 of this title.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–385 effective , see section 601(d) of Pub. L. 96–385, set out as a note under section 1114 of this title.

Effective Date of 1978 Amendment

Amendment by Pub. L. 95–476 effective , see section 108(a) of Pub. L. 95–476, set out as a note under section 3702 of this title.

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–324 effective , see section 9(a) of Pub. L. 94–324, set out as a note under section 3701 of this title.

Effective Date of 1974 Amendment

Amendment by Pub. L. 93–569 effective , see section 10 of Pub. L. 93–569, set out as a note under section 3702 of this title.

Effective Date of 1967 Amendment

Amendment by Pub. L. 90–77 effective first day of first calendar month which begins more than ten days after , see section 405 of Pub. L. 90–77, set out as a note under section 101 of this title.

Guidance To Implement Amendment by Pub. L. 116–23

Pub. L. 116–23, § 6(e), , 133 Stat. 976, provided that: “Notwithstanding section 501 of title 38, United States Code, the Secretary of Veterans Affairs may issue guidance to implement this section [amending this section and sections 3710, 3729, and 3762 of this title and enacting provisions set out as a note under this section] before prescribing new regulations under sections 3703, 3729, and 3762 of such title, as amended by this section.”

Implementation of Amendment by Pub. L. 111–22

Pub. L. 111–22, div. A, title I, § 102(b), , 123 Stat. 1636, provided that: “The Secretary of Veterans Affairs may implement the amendments made by this section [amending this section] through notice, procedure notice, or administrative notice.”

Temporary Increase in Maximum Loan Guaranty Amount for Certain Housing Loans Guaranteed by Secretary of Veterans Affairs

Pub. L. 110–389, title V, § 501, , 122 Stat. 4175, as amended by Pub. L. 112–154, title VII, § 702(c), , 126 Stat. 1205, provided that:

“Notwithstanding subparagraph (C) of section 3703(a)(1) of title 38, United States Code, for purposes of any loan described in subparagraph (A)(i)(IV) of such section that is originated during the period beginning on the date of the enactment of this Act [] and ending on , the term ‘maximum guaranty amount’ shall mean an amount equal to 25 percent of the higher of—

“(1)

the limitation determined under section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act (12 U.S.C. 1454(a)(2)) for the calendar year in which the loan is originated for a single-family residence; or

“(2)

125 percent of the area median price for a single-family residence, but in no case to exceed 175 percent of the limitation determined under such section 305(a)(2) for the calendar year in which the loan is originated for a single-family residence.”

Ratification of Actions During Period of Expired Authority

Any action taken by Secretary of Veterans Affairs before , under provision of law amended by title I of Pub. L. 104–110 that was taken during period beginning on date on which authority of Secretary under such provision of law expired and ending on , 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. 104–110, set out as a note under section 1710 of this title.

Annual Reports on Guarantee and Insurance of Loans Bearing Negotiated Interest Rates and Points

Pub. L. 102–547, § 10(b), , 106 Stat. 3643, as amended by Pub. L. 103–446, title XII, § 1202(d), , 108 Stat. 4689, directed Secretary of Veterans Affairs to transmit report on guarantee and insurance of loans bearing negotiated interest rates and points to Committees on Veterans’ Affairs of Senate and House of Representatives no later than , and annually thereafter, prior to repeal by Pub. L. 104–110, title II, § 201(b), , 110 Stat. 770.

Expiration of Loan Benefit Entitlement of Certain World War II Veterans

Pub. L. 90–77, title IV, § 403(c), , 81 Stat. 190, provided that the World War II loan benefit entitlement of any veteran whose period of entitlement as computed under former subsec. (a)(3)(A) of this section extended beyond , was not to be deemed to expire earlier than ninety days after the effective date of section 403 of Pub. L. 90–77 [see section 405(a) of Pub. L. 90–77, set out as an Effective Date of 1967 Amendment note under section 101 of this title].

Credits

1958–2019 · 36 acts
  1. 1958Pub. L. 85–857, , 72 Stat. 1205, 1212, § 1803
  2. 1959Pub. L. 86–73, § 2, , 73 Stat. 156
  3. 1960Pub. L. 86–665, § 1, , 74 Stat. 531
  4. 1961Pub. L. 87–84, § 1(a), , 75 Stat. 201
  5. 1966Pub. L. 89–358, § 5(d), , 80 Stat. 26
  6. 1967Pub. L. 90–77, title IV, § 403(b), , 81 Stat. 190
  7. 1969Pub. L. 91–22, § 4, , 83 Stat. 32
  8. 1970Pub. L. 91–506, § 2(b), (c), , 84 Stat. 1108
  9. 1973Pub. L. 93–75, , 87 Stat. 176
  10. 1974Pub. L. 93–569, §§ 2(c), 8(1)–(5), , 88 Stat. 1863, 1866
  11. 1976Pub. L. 94–324, § 7(6), (16), , 90 Stat. 721
  12. 1978Pub. L. 95–476, title I, § 103, , 92 Stat. 1498
  13. 1980Pub. L. 96–385, title IV, § 401(c)(1), , 94 Stat. 1533
  14. 1981Pub. L. 97–66, title V, § 501(a), , 95 Stat. 1031
  15. 1981Pub. L. 97–72, title III, § 303(c), (e), , 95 Stat. 1060
  16. 1982Pub. L. 97–295, § 4(61), (63), , 96 Stat. 1309
  17. 1982Pub. L. 97–306, title IV, § 406(b), , 96 Stat. 1444
  18. 1984Pub. L. 98–223, title II, § 205(c), , 98 Stat. 43
  19. 1987Pub. L. 100–198, § 3(a)(1), , 101 Stat. 1315
  20. 1988Pub. L. 100–253, § 3(a), , 102 Stat. 20
  21. 1988Pub. L. 100–322, title IV, § 415(a)(3), (c)(2), (d)(1), , 102 Stat. 550–552
  22. 1989Pub. L. 101–237, title III, §§ 304(a), 306(a), 313(b)(1), (6), , 103 Stat. 2073, 2074, 2077
  23. 1991Pub. L. 102–54, §§ 4(b), 6, , 105 Stat. 268
  24. 1991renumbered § 3703 and amended Pub. L. 102–83, § 5(a), (c)(1), , 105 Stat. 406
  25. 1992Pub. L. 102–547, § 10(a), , 106 Stat. 3643
  26. 1993Pub. L. 103–78, § 6, , 107 Stat. 769
  27. 1994Pub. L. 103–353, § 7, , 108 Stat. 3175
  28. 1996Pub. L. 104–110, title I, § 101(d), , 110 Stat. 768
  29. 1998Pub. L. 105–368, title VI, § 602(e)(1)(A), , 112 Stat. 3346
  30. 2001Pub. L. 107–103, title IV, § 401, , 115 Stat. 993
  31. 2002Pub. L. 107–330, title III, § 308(f)(1), , 116 Stat. 2828
  32. 2004Pub. L. 108–454, title IV, § 403, , 118 Stat. 3616
  33. 2008Pub. L. 110–389, title V, § 504(a), , 122 Stat. 4176
  34. 2009Pub. L. 111–22, div. A, title I, § 102(a), , 123 Stat. 1636
  35. 2012Pub. L. 112–154, title VII, § 701(d), , 126 Stat. 1204
  36. 2019Pub. L. 116–23, § 6(a)(1), , 133 Stat. 973.
Show as published

(Pub. L. 85–857, , 72 Stat. 1205, 1212, § 1803; Pub. L. 86–73, § 2, , 73 Stat. 156; Pub. L. 86–665, § 1, , 74 Stat. 531; Pub. L. 87–84, § 1(a), , 75 Stat. 201; Pub. L. 89–358, § 5(d), , 80 Stat. 26; Pub. L. 90–77, title IV, § 403(b), , 81 Stat. 190; Pub. L. 91–22, § 4, , 83 Stat. 32; Pub. L. 91–506, § 2(b), (c), , 84 Stat. 1108; Pub. L. 93–75, , 87 Stat. 176; Pub. L. 93–569, §§ 2(c), 8(1)–(5), , 88 Stat. 1863, 1866; Pub. L. 94–324, § 7(6), (16), , 90 Stat. 721; Pub. L. 95–476, title I, § 103, , 92 Stat. 1498; Pub. L. 96–385, title IV, § 401(c)(1), , 94 Stat. 1533; Pub. L. 97–66, title V, § 501(a), , 95 Stat. 1031; Pub. L. 97–72, title III, § 303(c), (e), , 95 Stat. 1060; Pub. L. 97–295, § 4(61), (63), , 96 Stat. 1309; Pub. L. 97–306, title IV, § 406(b), , 96 Stat. 1444; Pub. L. 98–223, title II, § 205(c), , 98 Stat. 43; Pub. L. 100–198, § 3(a)(1), , 101 Stat. 1315; Pub. L. 100–253, § 3(a), , 102 Stat. 20; Pub. L. 100–322, title IV, § 415(a)(3), (c)(2), (d)(1), , 102 Stat. 550–552; Pub. L. 101–237, title III, §§ 304(a), 306(a), 313(b)(1), (6), , 103 Stat. 2073, 2074, 2077; Pub. L. 102–54, §§ 4(b), 6, , 105 Stat. 268; renumbered § 3703 and amended Pub. L. 102–83, § 5(a), (c)(1), , 105 Stat. 406; Pub. L. 102–547, § 10(a), , 106 Stat. 3643; Pub. L. 103–78, § 6, , 107 Stat. 769; Pub. L. 103–353, § 7, , 108 Stat. 3175; Pub. L. 104–110, title I, § 101(d), , 110 Stat. 768; Pub. L. 105–368, title VI, § 602(e)(1)(A), , 112 Stat. 3346; Pub. L. 107–103, title IV, § 401, , 115 Stat. 993; Pub. L. 107–330, title III, § 308(f)(1), , 116 Stat. 2828; Pub. L. 108–454, title IV, § 403, , 118 Stat. 3616; Pub. L. 110–389, title V, § 504(a), , 122 Stat. 4176; Pub. L. 111–22, div. A, title I, § 102(a), , 123 Stat. 1636; Pub. L. 112–154, title VII, § 701(d), , 126 Stat. 1204; Pub. L. 116–23, § 6(a)(1), , 133 Stat. 973.)

Parsed from the official OLRC USLM XML in data/usc_all/usc38.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t38/s3703