Title 38 — Veterans’ Benefits

Part III · Chapter 37 — Housing and Small Business Loans

§ 3704. Restrictions on loans

Statutory text

No loan for the purchase or construction of residential property shall be financed through the assistance of this chapter unless the property meets or exceeds minimum requirements for planning, construction, and general acceptability prescribed by the Secretary; however, this subsection shall not apply to a loan for the purchase of residential property on which construction is fully completed more than one year before such loan is made.

Subject to notice and opportunity for a hearing, the Secretary may refuse to appraise any dwelling or housing project owned, sponsored, or to be constructed by any person identified with housing previously sold to veterans under this chapter as to which substantial deficiencies have been discovered, or as to which there has been a failure or indicated inability to discharge contractual liabilities to veterans, or as to which it is ascertained that the type of contract of sale or the methods or practices pursued in relation to the marketing of such properties were unfair or unduly prejudicial to veteran purchasers. The Secretary may also refuse to appraise any dwelling or housing project owned, sponsored, or to be constructed by any person refused the benefits of participation under the National Housing Act pursuant to a determination of the Secretary of Housing and Urban Development.

Except as provided in paragraph (2) of this subsection, no loan for the purchase or construction of residential property shall be financed through the assistance of this chapter unless the veteran applicant, at the time that the veteran applies for the loan, and also at the time that the loan is closed, certifies in such form as the Secretary may require, that the veteran intends to occupy the property as the veteran’s home. Except as provided in paragraph (2) of this subsection, no loan for the repair, alteration, or improvement of residential property shall be financed through the assistance of the provisions of this chapter unless the veteran applicant, at the time that the veteran applies to the lender for the loan, and also at the time that the loan is closed, certifies, in such form as may be required by the Secretary, that the veteran occupies the property as the veteran’s home. Notwithstanding the foregoing provisions of this subsection, in the case of a loan automatically guaranteed under this chapter, the veteran shall be required to make the certification only at the time the loan is closed. For the purposes of this chapter the requirement that the veteran recipient of a guaranteed or direct home loan must occupy or intend to occupy the property as the veteran’s home means that the veteran as of the date of the veteran’s certification actually lives in the property personally as the veteran’s residence or actually intends upon completion of the loan and acquisition of the dwelling unit to move into the property personally within a reasonable time and to utilize such property as the veteran’s residence. Notwithstanding the foregoing requirements of this subsection, the provisions for certification by the veteran at the time the veteran applies for the loan and at the time the loan is closed shall be considered to be satisfied if the Secretary finds that (1) in the case of a loan for repair, alteration, or improvement the veteran in fact did occupy the property at such times, or (2) in the case of a loan for construction or purchase the veteran intended to occupy the property as the veteran’s home at such times and the veteran did in fact so occupy it when, or within a reasonable time after, the loan was closed.

In any case in which a veteran is in active-duty status as a member of the Armed Forces and is unable to occupy a property because of such status, the occupancy requirements of this chapter shall be considered to be satisfied if—

the spouse of the veteran occupies or intends to occupy the property as a home and the spouse makes the certification required by paragraph (1) of this subsection; or

a dependent child of the veteran occupies or will occupy the property as a home and the veteran’s attorney-in-fact or legal guardian of the dependent child makes the certification required by paragraph (1) of this subsection.

Subject to notice and opportunity for a hearing, whenever the Secretary finds with respect to guaranteed or insured loans that any lender or holder has failed to maintain adequate loan accounting records, or to demonstrate proper ability to service loans adequately or to exercise proper credit judgment or has willfully or negligently engaged in practices otherwise detrimental to the interest of veterans or of the Government, the Secretary may refuse either temporarily or permanently to guarantee or insure any loans made by such lender or holder and may bar such lender or holder from acquiring loans guaranteed or insured under this chapter; however, the Secretary shall not refuse to pay a guaranty or insurance claim on loans theretofore entered into in good faith between a veteran and such lender. The Secretary may also refuse either temporarily or permanently to guarantee or insure any loans made by a lender or holder refused the benefits of participation under the National Housing Act pursuant to a determination of the Secretary of Housing and Urban Development.

Any housing loan which is financed through the assistance of this chapter and to which section 3714 of this chapter applies shall include a provision that the loan is immediately due and payable upon transfer of the property securing such loan to any transferee unless the acceptability of the assumption of the loan is established pursuant to such section 3714.

A loan for the purchase or construction of new residential property, the construction of which began after the energy efficiency standards under section 109 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12709), as amended by section 101(c) of the Energy Policy Act of 1992, take effect, may not be financed through the assistance of this chapter unless the new residential property is constructed in compliance with the standards established under such section 109, as in effect on the date of such construction.

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.

1958
Pub. L. 85–857 · 72 Stat. 1105
Enacted · 38 U.S.C. § 3704
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1206, § 1804
Source evidence
Code source credit
Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1206, § 1804
1959
Pub. L. 86–73 § 3(a) · 73 Stat. 156
Changed · 38 U.S.C. § 3704(b)
Pub. L. 86–73, § 3(a), authorized the Administrator to refuse to appraise any property if the builder or sponsor of the property had been barred by the Federal Housing Commissioner from participation in the FHA insurance program
Source evidence
Code amendment note
Subsec. (b). Pub. L. 86–73, § 3(a), authorized the Administrator to refuse to appraise any property if the builder or sponsor of the property had been barred by the Federal Housing Commissioner from participation in the FHA insurance program.
Enacted provision · exact public law section
(a) Section 1804(b) of title 38, United States Code, is 72 Stat. 1206. Restrictions. amended by adding at the end thereof a new sentence as follows: “The Administrator may also refuse to appraise any dwelling or housing project owned, sponsored, or to be constructed by any person refused the benefits of participation under the National Housing Act pursuant 68 Stat. 610. 12 USC 1731a. to a determination of the Federal Housing Commissioner under section 512 of that Act.”
1959
Pub. L. 86–73 § 3(b) · 73 Stat. 156
Changed · 38 U.S.C. § 3704(d)
Pub. L. 86–73, § 3(b), authorized the Administrator to refuse to guarantee or insure loans if the lender or holder of the loans has been barred by the Federal Housing Commissioner from participation in the FHA insurance program
Source evidence
Code amendment note
Subsec. (d). Pub. L. 86–73, § 3(b), authorized the Administrator to refuse to guarantee or insure loans if the lender or holder of the loans has been barred by the Federal Housing Commissioner from participation in the FHA insurance program.
Enacted provision · exact public law section
(b) Section 1804(d) of title 38, United States Code, is amended 72 Stat. 1206. by adding at the end thereof a new sentence as follows: “The Administrator may also refuse either temporarily or permanently to guarantee or insure any loans made by a lender or holder refused the 68 Stat. 610. 12 USC 1731a. benefits of participation under the National Housing Act pursuant to a determination of the Federal Housing Commissioner under section 512 of that Act.”
1960
Pub. L. 86–665 § 5 · 74 Stat. 529
Inserted · 38 U.S.C. § 3704(c)
Pub. L. 86–665 inserted sentence respecting satisfaction of provisions for certification by the veteran at the time he applies for the loan and at the time the loan is closed
Source evidence
Code amendment note
Subsec. (c). Pub. L. 86–665 inserted sentence respecting satisfaction of provisions for certification by the veteran at the time he applies for the loan and at the time the loan is closed.
Enacted provision · exact public law section
Sec. 5. Section 1804(c) of title 38, United States Code, is amended by adding the following at the end thereof: “Notwithstanding the foregoing requirements of this subsection, the provisions for certification by the veteran at the time he applies for the loan and at the time the loan is closed shall be considered to be satisfied if the Administrator finds that (1) in the case of a loan for repair, alteration, or improvement the veteran in fact did occupy the property at such times, or (2) in the case of a loan for construction or purchase the veteran intended to occupy the property as his home at such times and he did in fact so occupy it when, or within a reasonable time after, the loan was closed.”
1965
Housing and Urban Development Act of 1965
Pub. L. 89–117 title II § 217(b) · 79 Stat. 451
Added · 38 U.S.C. § 3704(e)
Pub. L. 89–117 added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 89–117 added subsec. (e).
Enacted provision · exact public law section
(b) Section 1804 of title 38, United States Code, is amended by adding 72 Stat. 1206. at the end thereof a new subsection as follows: “(e) No loan for the purchase or construction of new residential property (other than property served by a water and sewerage system approved by the Federal Housing Commissioner pursuant to title X of the National Housing Act) shall be financed through the assistance of this chapter, except pursuant to a commitment made prior to the date of the enactment or the Housing and Urban Development Act of 1965, if such property is not served by a public or adequate community water and sewerage system and is located in an area where the appropriate local officials certify that the establishment of such systems is economically feasible. For purposes of this subsection, the economic feasibility of establishing public or adequate community water and sewerage systems shall be determined without regard to whether such establishment is authorized by law or is subject to approval by one or more local governments or public bodies.”
1967
Pub. L. 90–19 § 25(2) · 81 Stat. 17
Substituted · 38 U.S.C. § 3704(b); 38 U.S.C. § 3704(d); 38 U.S.C. § 3704(e)
Pub. L. 90–19 substituted “Secretary of Housing and Urban Development” for “Federal Housing Commissioner”
Source evidence
Code amendment note
Subsecs. (b), (d), (e). Pub. L. 90–19 substituted “Secretary of Housing and Urban Development” for “Federal Housing Commissioner”.
Enacted provision · exact public law section
(2) by striking out “Federal Housing Commissioner” in subsections (b), (d), and (e) of section 1804 and inserting in lieu thereof “Secretary of Housing and Urban Development”.
1970
Veterans’ Housing Act of 197
Pub. L. 91–506 § 2(d) · 84 Stat. 1108
Substituted · 38 U.S.C. § 3704(b)
Pub. L. 91–506 substituted “Subject to notice and opportunity for a hearing, the” for “The”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 91–506 substituted “Subject to notice and opportunity for a hearing, the” for “The”.
Enacted provision · exact public law section
(d) Subsection (b) of section 1804 of such title is amended by striking out “The” and inserting in lieu thereof “Subject to notice and opportunity for a hearing, the”; and subsection (d) of such section is amended by striking out “Whenever” and inserting in lieu thereof “Subject to notice and opportunity for a hearing, whenever”.
1970
Veterans’ Housing Act of 197
Pub. L. 91–506 § 2(d) · 84 Stat. 1108
Substituted · 38 U.S.C. § 3704(d)
Pub. L. 91–506 substituted “Subject to notice and opportunity for a hearing, whenever” for “Whenever”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 91–506 substituted “Subject to notice and opportunity for a hearing, whenever” for “Whenever”.
Enacted provision · exact public law section
(d) Subsection (b) of section 1804 of such title is amended by striking out “The” and inserting in lieu thereof “Subject to notice and opportunity for a hearing, the”; and subsection (d) of such section is amended by striking out “Whenever” and inserting in lieu thereof “Subject to notice and opportunity for a hearing, whenever”.
1974
Pub. L. 93–569 § 2(e) · 88 Stat. 1863
Struck · 38 U.S.C. § 3704(b)
Pub. L. 93–569, § 2(e), struck out “under section 512 of that Act” after “determination of the Secretary of Housing and Urban Development”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 93–569, § 2(e), struck out “under section 512 of that Act” after “determination of the Secretary of Housing and Urban Development”.
Enacted provision · exact public law section
(e) Section 1804 of title 38, United States Code, is amended by striking out in subsections (b) and (d) “under section 512 of that Act”.
1974
Pub. L. 93–569 § 2(d) · 88 Stat. 1863
Inserted · 38 U.S.C. § 3704(c)
Pub. L. 93–569, § 2(d), inserted provision that, the foregoing provisions notwithstanding, in the case of an automatically guaranteed loan, the veteran is required to make certification only at the time of loan closing
Source evidence
Code amendment note
Subsec. (c). Pub. L. 93–569, § 2(d), inserted provision that, the foregoing provisions notwithstanding, in the case of an automatically guaranteed loan, the veteran is required to make certification only at the time of loan closing.
Enacted provision · exact public law section
(d) Section 1804(c) of title 38, United States Code, is amended by inserting immediately after the second sentence a new sentence as follows: “Notwithstanding the foregoing provisions of this subsection, in the case of a loan automatically guaranteed under this chapter, the veteran shall be required to make the certification only at the time the loan is closed.”.
1974
Pub. L. 93–569 § 2(e) · 88 Stat. 1863
Struck · 38 U.S.C. § 3704(d)
Pub. L. 93–569, § 2(e), struck out “under section 512 of that Act” after “determination of the Secretary of Housing and Urban Development”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 93–569, § 2(e), struck out “under section 512 of that Act” after “determination of the Secretary of Housing and Urban Development”.
Enacted provision · exact public law section
(e) Section 1804 of title 38, United States Code, is amended by striking out in subsections (b) and (d) “under section 512 of that Act”.
1976
Veterans Housing Amendments Act of 1976
Pub. L. 94–324 § 7(7) · 90 Stat. 720
1. Substituted · 38 U.S.C. § 3704(c)
  Pub. L. 94–324, § 7(7), substituted “the veteran” for “he” wherever appearing
2. Substituted · 38 U.S.C. § 3704(c)
  Pub. L. 94–324, § 7(7), substituted “the veteran’s” for “his” wherever appearing
Source evidence
Code amendment note
Subsec. (c). Pub. L. 94–324, § 7(7), substituted “the veteran” for “he” in six places and “the veteran’s” for “his” wherever appearing.
Enacted provision · exact public law section
(7) by striking out in section 1804(c) “he” and “his” wherever they appear and inserting in lieu thereof “the veteran” and “the veteran’s”, respectively;
1976
Veterans Housing Amendments Act of 1976
Pub. L. 94–324 § 7(8) · 90 Stat. 720
Substituted · 38 U.S.C. § 3704(d)
Pub. L. 94–324, § 7(8), substituted “the Administrator may” for “he may”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 94–324, § 7(8), substituted “the Administrator may” for “he may”.
Enacted provision · exact public law section
(8) by striking out in section 1804(d) “he” and inserting in lieu thereof “the. Administrator”;
1982
Pub. L. 97–295 § 4(64) · 96 Stat. 1287
1. Inserted · 38 U.S.C. § 3704(e)
  Pub. L. 97–295 inserted “(12 U.S.C. 1749aa et seq.)” after “the National Housing Act”
2. Substituted · 38 U.S.C. § 3704(e)
  Pub. L. 97–295 substituted “August 10, 1965” for “the date of the enactment of the Housing and Urban Development Act of 1965”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 97–295 inserted “(12 U.S.C. 1749aa et seq.)” after “the National Housing Act”, and substituted “August 10, 1965” for “the date of the enactment of the Housing and Urban Development Act of 1965”.
Enacted provision · exact public law section
(64) Section 1804(e) is amended— 38 USC 1804. (A) by inserting “(12 U.S.C. 1749aa et seq.)” after “the National Housing Act”; and (B) by striking out “the date of the enactment of the Housing and Urban Development Act of 1965” and substituting “August 10, 1965”.
1987
Veterans’ Home Loan Program Improvements and Property Rehabilitation Act of 1987
Pub. L. 100–198 § 8(a) · 101 Stat. 1315
1. Amended · 38 U.S.C. § 3704(c)
  Pub. L. 100–198, § 8(a), designated existing provision as par. (1)
2. Substituted · 38 U.S.C. § 3704(c)
  Pub. L. 100–198, § 8(a), substituted “Except as provided in paragraph (2) of this subsection, no” for “No” in first and second sentences
3. Added · 38 U.S.C. § 3704(c)
  Pub. L. 100–198, § 8(a), added par. (2)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 100–198, § 8(a), designated existing provision as par. (1), substituted “Except as provided in paragraph (2) of this subsection, no” for “No” in first and second sentences, and added par. (2).
Enacted provision · exact public law section
(a) Original Loans.— (1) Section 1804(c) is amended— (A) by striking out “(c) No” and inserting in lieu thereof “(c)(1) Except as provided in paragraph (2) of this subsection, no”; (B) by striking out “No loan” in the second sentence and inserting in lieu thereof “Except as provided in paragraph (2) of this subsection, no loan”; and (C) by adding at the end the following new paragraph: “(2) In any case in which a veteran is in active duty status as a member of the Armed Forces and is unable to occupy a property because of such status, the occupancy requirements of— “(A) paragraph (1) of this subsection; “(B) paragraphs (1) through (5) and paragraph (7) of section 1810(a) of this title; “(C) section 1819(a)(5)(A)(i) of this title; and “(D) section 1819(e)(5) of this title; shall be considered to be satisfied if the spouse of the veteran occupies the property as the spouse’s home and the spouse makes the certification required by paragraph (1) of this subsection.” (2) Section 1810(a) is amended by striking out “(a) Any” and inserting in lieu thereof “(a) Except as provided in section 1804(c)(2) of this title, any”.
Effective date note
Pub. L. 100–198, § 8(c), Dec. 21, 1987, 101 Stat. 1320, provided that: “The amendments made by this section [amending this section and sections 1810 and 1819 [now 3710 and 3712] of this title] shall apply with respect to loans made more than 30 days after the date of the enactment of this Act [Dec. 21, 1987].”
1987
Veterans’ Home Loan Program Improvements and Property Rehabilitation Act of 1987
Pub. L. 100–198 § 10(b) · 101 Stat. 1315
Added · 38 U.S.C. § 3704(f)
Pub. L. 100–198, § 10(b), added subsec. (f)
Source evidence
Code amendment note
Subsec. (f). Pub. L. 100–198, § 10(b), added subsec. (f).
Enacted provision · exact public law section
(b) Protection Against Transfers to Persons Not Creditworthy.— Section 1804 is amended by adding at the end the following new subsection: “(f) Any housing loan which is financed through the assistance of this chapter and to which section 1817A of this chapter applies shall include a provision that the loan is immediately due and payable upon transfer of the property securing such loan to any transferee unless the acceptability of the assumption of the loan is established pursuant to such section 1817A.”.
Effective date note
Pub. L. 100–198, § 8(c), Dec. 21, 1987, 101 Stat. 1320, provided that: “The amendments made by this section [amending this section and sections 1810 and 1819 [now 3710 and 3712] of this title] shall apply with respect to loans made more than 30 days after the date of the enactment of this Act [Dec. 21, 1987].”
1988
Veterans
Pub. L. 100–322 § 415(c)(3)(A) · 102 Stat. 487
Substituted · 38 U.S.C. § 3704(c)(2)(C)
Pub. L. 100–322, § 415(c)(3)(A), substituted “1812(a)(5)(A)(i)” for “1819(a)(5)(A)(i)”
Source evidence
Code amendment note
Subsec. (c)(2)(C). Pub. L. 100–322, § 415(c)(3)(A), substituted “1812(a)(5)(A)(i)” for “1819(a)(5)(A)(i)”.
Enacted provision · exact public law section
(A) in clause (C) of subsection (c)(2), by striking out “1819(a)(5)(A)(i)” and inserting in lieu thereof “4812(a)(5)(A)(i)”;
1988
Veterans
Pub. L. 100–322 § 415(c)(3)(b) · 102 Stat. 487
Substituted · 38 U.S.C. § 3704(c)(2)(D)
Pub. L. 100–322, § 415(c)(3)(b), substituted “1812(e)(5)” for “1819(e)(5)”
Source evidence
Code amendment note
Subsec. (c)(2)(D). Pub. L. 100–322, § 415(c)(3)(b), substituted “1812(e)(5)” for “1819(e)(5)”.
Enacted provision · exact public law section
(B) in clause (D) of subsection (c)(2), by striking out “1819(e)(5)” and inserting in lieu thereof “1812(e)(5)”; and
1988
Veterans
Pub. L. 100–322 § 415(c)(3)(C) · 102 Stat. 487
Substituted · 38 U.S.C. § 3704(f)
Pub. L. 100–322, § 415(c)(3)(C), substituted “section 1814” for “section 1817A” in two places
Source evidence
Code amendment note
Subsec. (f). Pub. L. 100–322, § 415(c)(3)(C), substituted “section 1814” for “section 1817A” in two places.
Enacted provision · exact public law section
(C) in subsection (f), by striking out “1817A” each place it appears and inserting in lieu thereof “1814”.
1989
Veterans Home Loan Indemnity and Restructuring Act of 1989
Pub. L. 101–237 title III § 313(b)(1) · 103 Stat. 2062
Substituted · 38 U.S.C. § 3704(a)(c)(1)(d)
Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing
Source evidence
Code amendment note
Subsecs. (a) to (c)(1), (d). Pub. L. 101–237 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.
1991
Pub. L. 102–83 § 5(a) · 105 Stat. 378
Changed · 38 U.S.C. § 3704
Pub. L. 102–83, § 5(a), renumbered section 1804 of this title as this section
Source evidence
Code amendment note
Pub. L. 102–83, § 5(a), renumbered section 1804 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.
1991
Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378
1. Substituted · 38 U.S.C. § 3704(c)(2)
  Pub. L. 102–83, § 5(c)(1), substituted “3710(a)” for “1810(a)” in subpar. (D)
2. Substituted · 38 U.S.C. § 3704(c)(2)
  Pub. L. 102–83, § 5(c)(1), substituted “3712(a)(5)(A)(i)” for “1812(a)(5)(A)(i)” in subpar. (D)
3. Substituted · 38 U.S.C. § 3704(c)(2)
  Pub. L. 102–83, § 5(c)(1), substituted “3712(e)(5)” for “1812(e)(5)” in subpar. (D)
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 102–83, § 5(c)(1), substituted “3710(a)” for “1810(a)” in subpar. (B), “3712(a)(5)(A)(i)” for “1812(a)(5)(A)(i)” in subpar. (C), and “3712(e)(5)” for “1812(e)(5)” in subpar. (D).
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.
1991
Pub. L. 102–83 § 5(c)(1) · 105 Stat. 378
Substituted · 38 U.S.C. § 3704(f)
Pub. L. 102–83, § 5(c)(1), substituted “3714” for “1814” in two places
Source evidence
Code amendment note
Subsec. (f). Pub. L. 102–83, § 5(c)(1), substituted “3714” for “1814” in two places.
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.
1992
Energy Policy Act of 1992
Pub. L. 102–486 title I § 101(c)(2) · 106 Stat. 2776
Added · 38 U.S.C. § 3704(g)
Pub. L. 102–486 added subsec. (g)
Source evidence
Code amendment note
Subsec. (g). Pub. L. 102–486 added subsec. (g).
Enacted provision · exact public law section
(2) Amendment to title 38, united states code.— Section 3704 of title 38, United States Code, is amended by adding at the end thereof the following new subsection: “(g) A loan for the purchase or construction of new residential property, the construction of which began after the energy efficiency standards under section 109 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12709), as amended by section 101(c) of the Energy Policy Act of 1992, take effect, may not be financed through the assistance of this chapter unless the new residential property is constructed in compliance with such standards.”.
1994
Veterans’ Benefits Improvements Act of 1994
Pub. L. 103–446 title IX § 903 · 108 Stat. 4645
1. Redesignated · 38 U.S.C. § 3704(e)(g)
  Pub. L. 103–446 redesignated subsecs. (f) and (g) as (e) and (f), respectively
2. Struck · 38 U.S.C. § 3704(e)(g)
  Pub. L. 103–446 struck out former subsec. (e) which read as follows: “No loan for the purchase or construction of new residential property (other than property served by a water and sewerage system approved by the Secretary of Housing and Urban Development pursuant to title X of the National Housing Act (12 U.S.C. 1749aa et seq.)) shall be financed through the assistance of this chapter, except pursuant to a commitment made prior to August 10, 1965, if such property is not served by a public or adequate community water and sewerage system and is located in an area where the appropriate local officials certify that the establishment of such systems is economically feasible. For purposes of this subsection, the economic feasibility of establishing public or adequate community water and sewerage systems shall be determined without regard to whether such establishment is authorized by law or is subject to approval by one or more local governments or public bodies.”
Source evidence
Code amendment note
Subsecs. (e) to (g). Pub. L. 103–446 redesignated subsecs. (f) and (g) as (e) and (f), respectively, and struck out former subsec. (e) which read as follows: “No loan for the purchase or construction of new residential property (other than property served by a water and sewerage system approved by the Secretary of Housing and Urban Development pursuant to title X of the National Housing Act (12 U.S.C. 1749aa et seq.)) shall be financed through the assistance of this chapter, except pursuant to a commitment made prior to August 10, 1965, if such property is not served by a public or adequate community water and sewerage system and is located in an area where the appropriate local officials certify that the establishment of such systems is economically feasible. For purposes of this subsection, the economic feasibility of establishing public or adequate community water and sewerage systems shall be determined without regard to whether such establishment is authorized by law or is subject to approval by one or more local governments or public bodies.”
Enacted provision · exact public law section
SEC. 903. PUBLIC AND COMMUNITY WATER AND SEWERAGE SYSTEMS. 38 USC 3704. Section 3704 is amended— (1) by striking out subsection (e); and (2) by redesignating subsections (f) and (g) as subsections (e) and (f), respectively.
2012
Andrew Connolly Veterans Housing Act
Pub. L. 112–154 title II § 207 · 126 Stat. 1165
Amended · 38 U.S.C. § 3704(c)(2)
Pub. L. 112–154 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “In any case in which a veteran is in active duty status as a member of the Armed Forces and is unable to occupy a property because of such status, the occupancy requirements of—
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 112–154 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “In any case in which a veteran is in active duty status as a member of the Armed Forces and is unable to occupy a property because of such status, the occupancy requirements of—
“(A) paragraph (1) of this subsection; “(B) paragraphs (1) through (5) and paragraph (7) of section 3710(a) of this title; “(C) section 3712(a)(5)(A)(i) of this title; and “(D) section 3712(e)(5) of this title; shall be considered to be satisfied if the spouse of the veteran occupies the property as the spouse’s home and the spouse makes the certification required by paragraph (1) of this subsection.”
Enacted provision · exact public law section
SEC. 207. OCCUPANCY OF PROPERTY BY DEPENDENT CHILD OF VETERAN FOR PURPOSES OF MEETING OCCUPANCY REQUIREMENT FOR DEPARTMENT OF VETERANS AFFAIRS HOUSING LOANS. Paragraph (2) of section 3704(c) is amended to read as follows: “(2) In any case in which a veteran is in active-duty status as a member of the Armed Forces and is unable to occupy a property because of such status, the occupancy requirements of this chapter shall be considered to be satisfied if— “(A) the spouse of the veteran occupies or intends to occupy the property as a home and the spouse makes the certification required by paragraph (1) of this subsection; or “(B) a dependent child of the veteran occupies or will occupy the property as a home and the veteran’s attorney-in-fact or legal guardian of the dependent child makes the certification required by paragraph (1) of this subsection.” .
2022
Department of Justice Appropriations Act, 2023
Pub. L. 117–328 div. U title II § 203(b) · 136 Stat. 4459
Substituted · 38 U.S.C. § 3704(f)
Pub. L. 117–328 substituted “the standards established under such section 109, as in effect on the date of such construction” for “such standards”
Source evidence
Code amendment note
Subsec. (f). Pub. L. 117–328 substituted “the standards established under such section 109, as in effect on the date of such construction” for “such standards”.
Enacted provision · exact public law section
Sec. 203. None of the funds appropriated under this title shall be used to require any person to perform, or facilitate in any way the performance of, any abortion.

33 of 34 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

The National Housing Act, referred to in subsecs. (b) and (d), is act June 27, 1934, ch. 847, 48 Stat. 1246, which is classified principally to chapter 13 (§ 1701 et seq.) of Title 12, Banks and Banking. For complete classification of this Act to the Code, see section 1701 of Title 12 and Tables.

Amendments1959–2022 · 16 rounds

2022

Subsec. (f). Pub. L. 117–328 substituted “the standards established under such section 109, as in effect on the date of such construction” for “such standards”.

2012

Subsec. (c)(2). Pub. L. 112–154 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “In any case in which a veteran is in active duty status as a member of the Armed Forces and is unable to occupy a property because of such status, the occupancy requirements of—

“(A) paragraph (1) of this subsection;

“(B) paragraphs (1) through (5) and paragraph (7) of section 3710(a) of this title;

“(C) section 3712(a)(5)(A)(i) of this title; and

“(D) section 3712(e)(5) of this title;

shall be considered to be satisfied if the spouse of the veteran occupies the property as the spouse’s home and the spouse makes the certification required by paragraph (1) of this subsection.”

1994

Subsecs. (e) to (g). Pub. L. 103–446 redesignated subsecs. (f) and (g) as (e) and (f), respectively, and struck out former subsec. (e) which read as follows: “No loan for the purchase or construction of new residential property (other than property served by a water and sewerage system approved by the Secretary of Housing and Urban Development pursuant to title X of the National Housing Act (12 U.S.C. 1749aa et seq.)) shall be financed through the assistance of this chapter, except pursuant to a commitment made prior to August 10, 1965, if such property is not served by a public or adequate community water and sewerage system and is located in an area where the appropriate local officials certify that the establishment of such systems is economically feasible. For purposes of this subsection, the economic feasibility of establishing public or adequate community water and sewerage systems shall be determined without regard to whether such establishment is authorized by law or is subject to approval by one or more local governments or public bodies.”

1992

Subsec. (g). Pub. L. 102–486 added subsec. (g).

1991

Pub. L. 102–83, § 5(a), renumbered section 1804 of this title as this section.

Subsec. (c)(2). Pub. L. 102–83, § 5(c)(1), substituted “3710(a)” for “1810(a)” in subpar. (B), “3712(a)(5)(A)(i)” for “1812(a)(5)(A)(i)” in subpar. (C), and “3712(e)(5)” for “1812(e)(5)” in subpar. (D).

Subsec. (f). Pub. L. 102–83, § 5(c)(1), substituted “3714” for “1814” in two places.

1989

Subsecs. (a) to (c)(1), (d). Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing.

1988

Subsec. (c)(2)(C). Pub. L. 100–322, § 415(c)(3)(A), substituted “1812(a)(5)(A)(i)” for “1819(a)(5)(A)(i)”.

Subsec. (c)(2)(D). Pub. L. 100–322, § 415(c)(3)(b), substituted “1812(e)(5)” for “1819(e)(5)”.

Subsec. (f). Pub. L. 100–322, § 415(c)(3)(C), substituted “section 1814” for “section 1817A” in two places.

1987

Subsec. (c). Pub. L. 100–198, § 8(a), designated existing provision as par. (1), substituted “Except as provided in paragraph (2) of this subsection, no” for “No” in first and second sentences, and added par. (2).

Subsec. (f). Pub. L. 100–198, § 10(b), added subsec. (f).

1982

Subsec. (e). Pub. L. 97–295 inserted “(12 U.S.C. 1749aa et seq.)” after “the National Housing Act”, and substituted “August 10, 1965” for “the date of the enactment of the Housing and Urban Development Act of 1965”.

1976

Subsec. (c). Pub. L. 94–324, § 7(7), substituted “the veteran” for “he” in six places and “the veteran’s” for “his” wherever appearing.

Subsec. (d). Pub. L. 94–324, § 7(8), substituted “the Administrator may” for “he may”.

1974

Subsec. (b). Pub. L. 93–569, § 2(e), struck out “under section 512 of that Act” after “determination of the Secretary of Housing and Urban Development”.

Subsec. (c). Pub. L. 93–569, § 2(d), inserted provision that, the foregoing provisions notwithstanding, in the case of an automatically guaranteed loan, the veteran is required to make certification only at the time of loan closing.

Subsec. (d). Pub. L. 93–569, § 2(e), struck out “under section 512 of that Act” after “determination of the Secretary of Housing and Urban Development”.

1970

Subsec. (b). Pub. L. 91–506 substituted “Subject to notice and opportunity for a hearing, the” for “The”.

Subsec. (d). Pub. L. 91–506 substituted “Subject to notice and opportunity for a hearing, whenever” for “Whenever”.

1967

Subsecs. (b), (d), (e). Pub. L. 90–19 substituted “Secretary of Housing and Urban Development” for “Federal Housing Commissioner”.

1965

Subsec. (e). Pub. L. 89–117 added subsec. (e).

1960

Subsec. (c). Pub. L. 86–665 inserted sentence respecting satisfaction of provisions for certification by the veteran at the time he applies for the loan and at the time the loan is closed.

1959

Subsec. (b). Pub. L. 86–73, § 3(a), authorized the Administrator to refuse to appraise any property if the builder or sponsor of the property had been barred by the Federal Housing Commissioner from participation in the FHA insurance program.

Subsec. (d). Pub. L. 86–73, § 3(b), authorized the Administrator to refuse to guarantee or insure loans if the lender or holder of the loans has been barred by the Federal Housing Commissioner from participation in the FHA insurance program.

Statutory Notes and Related Subsidiaries

Effective Date of 1987 Amendment

Pub. L. 100–198, § 8(c), Dec. 21, 1987, 101 Stat. 1320, provided that: “The amendments made by this section [amending this section and sections 1810 and 1819 [now 3710 and 3712] of this title] shall apply with respect to loans made more than 30 days after the date of the enactment of this Act [Dec. 21, 1987].”

Effective Date of 1976 Amendment

Amendment by Pub. L. 94–324 effective June 30, 1976, 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 Dec. 31, 1974, see section 10 of Pub. L. 93–569, set out as a note under section 3702 of this title.