§ 3733. Property management

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. 1958

   Pub. L. 85–857 · 72 Stat. 1105

   Enacted · 38 U.S.C. § 3733

   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1212, §§ 1816(d)–(f), 1832

   Source evidence

   Code source credit
   Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1212, §§ 1816(d)–(f), 1832

2. 1984

   Spending Reduction Act of 1984

   Pub. L. 98–369 § 2512(a)(2) · 98 Stat. 494

   Added · 38 U.S.C. § 3733(a)(d)

   Pub. L. 98–369, § 2512(a)(2), added subsec. (d). See 1988 Amendment note above

   Source evidence

   Code amendment note
   Subsec. (a) [formerly § 1816(d)]. Pub. L. 98–369, § 2512(a)(2), added subsec. (d). See 1988 Amendment note above.

   Enacted provision · exact public law section
   (2) by adding at the end the following new subsections: “(c) (1) For purposes of this subsection— “(A) The term ‘defaulted loan’ means a loan that is guaranteed under this chapter, that was made for a purpose described in section 1810(a) of this title, and that is in default. “(B) The term ‘liquidation sale’ means a judicial sale or other disposition of real property to liquidate a defaulted loan that is secured by such property. “(C) The term ‘net value’, with respect to real property, means the amount equal to (i) the fair market value of the property, minus (ii) the total of the amounts which the Administrator estimates the Administrator would incur (if the Administrator were to acquire and dispose of the property) for property taxes, assessments, liens, property maintenance, property improvement, administration, resale, and other costs resulting from the acquisition and disposition of the property. “(D) The term ‘total indebtedness’, with respect to a defaulted loan, means the amount equal to the total of (i) the unpaid principal of the loan, (ii) the interest on the loan as of the date of the liquidation sale of the property securing the loan (or such earlier date following the expiration of a reasonable period of time for such sale to occur as the Administrator may specify pursuant to regulations prescribed by the Administrator to implement this subsection), and (iii) such reasonably necessary and proper charges (as specified in the loan instrument and permitted by such regulations) associated with liquidation of the loan, including advances for taxes, insurance, and maintenance or repair of the real property securing the loan. “(2) (A) Except as provided in subparagraph (B) of this paragraph, this subsection applies to any case in which the holder of a defaulted loan undertakes to liquidate the loan by means of a liquidation sale. “(B) This subsection does not apply to a case in which the Administrator proceeds under subsection (a)(2) of this section. “(3) (A) Before carrying out a liquidation sale of real property securing a defaulted loan, the holder of the loan shall notify the Administrator of the proposed sale. Such notice shall be provided in accordance with regulations prescribed by the Administrator to implement this subsection. “(B) After receiving a notice described in subparagraph (A) of this paragraph, the Administrator shall determine the net value of the property securing the loan and the amount of the total indebtedness under the loan and shall notify the holder of the loan of the determination of such net value. “(4) A case referred to in paragraphs (5), (6), and (7) of this subsection as being described in this paragraph is a case in which the net value of the property securing a defaulted loan exceeds the amount of the total indebtedness under the loan minus the amount guaranteed under this chapter. “(5) In a case described in paragraph (4) of this subsection, if the holder of the defaulted loan acquires the property securing the loan at a liquidation sale for an amount that does not exceed the lesser of the net value of the property or the total indebtedness under the loan— “(A) the holder shall have the option to convey the property to the United States in return for payment by the Administrator of an amount equal to the lesser of such net value or total indebtedness; and “(B) the liability of the United States under the loan guaranty under this chapter shall be limited to the amount of such total indebtedness minus the net value of the property. “(6) In a case described in paragraph (4) of this subsection, if the holder of the defaulted loan either does not acquire the property securing the loan at the liquidation sale or acquires the property at such sale for an amount that exceeds the lesser of the net value of the property or the total indebtedness under the loan— “(A) the Administrator may not accept conveyance of the property except as provided in paragraph (7) of this subsection; and “(B) the liability of the United States under the loan guaranty under this chapter shall be limited to the amount equal to (i) the amount of such total indebtedness, minus (ii) the amount realized by the holder incident to the sale or the net value of the property, whichever is greater. “(7) In a case described in paragraph (4) of this subsection, if the holder of the defaulted loan acquires the property securing the loan at the liquidation sale for an amount that exceeds the lesser of the total indebtedness under the loan or the net value and that was the minimum amount for which, under applicable State law, the property was permitted to be sold at the liquidation sale— “(A) the Administrator may accept conveyance of the property to the United States for a price not exceeding the lesser of the amount for which the holder acquired the property or the total indebtedness under the loan; and “(B) the liability of the United States under the loan guaranty under this chapter is as provided in paragraph (6)(B) of this subsection. “(8) If the net value of the property securing a defaulted loan is not greater than the amount of the total indebtedness under the loan minus the amount guaranteed under this chapter— “(A) the Administrator may not accept conveyance of the property from the holder of the loan; and “(B) the liability of the United States under the loan guaranty shall be limited to the amount of the total indebtedness under the loan minus the amount realized by the holder of the loan incident to the sale at a liquidation sale of the property. “(9) In no event may the liability of the United States under a guaranteed loan exceed the amount guaranteed with respect to that loan under section 1803(b) of this title. All determinations under this 38 USC 1803. subsection of net value and total indebtedness shall be made by the Administrator. “(d) (1) Of the number of purchases made during any fiscal year of real property acquired by the Administrator as the result of a default on a loan guaranteed under this chapter for a purpose described in section 1810(a) of this title, not more than 75 percent, nor less than 60 percent, of such purchases may be financed by a loan made by the Administrator. The maximum percentage stated in the preceding sentence may be increased to 80 percent for any fiscal year if the Administrator determines that such an increase is necessary in order to maintain the effective functioning of the loan guaranty program. “(2) In carrying out paragraph (1) of this subsection, the Administrator, to the maximum extent consistent with that paragraph and with maintaining the effective functioning of the loan guaranty program under this chapter, shall minimize the number of loans made by the Administrator to finance purchases of real property from the Administrator described in that paragraph. “(3) Notes securing such loans may be sold with recourse only to the extent that the Administrator determines that selling such notes with recourse is necessary in order to maintain the effective functioning of the loan guaranty program under this chapter.”.

3. 1986

   Pub. L. 99–576 § 402(c)(1) · 100 Stat. 3248

   Added · 38 U.S.C. § 3733(b)(e)

   Pub. L. 99–576, § 402(c)(1), added subsec. (e). See 1988 Amendment note above

   Source evidence

   Code amendment note
   Subsec. (b) [formerly § 1816(e)]. Pub. L. 99–576, § 402(c)(1), added subsec. (e). See 1988 Amendment note above.

   Enacted provision · exact public law section
   (1) Section 1816 is amended by 38 USC 1816. adding at the end the following new subsection: “(e) The Administrator may not make a loan to finance a purchase Real property. of property acquired by the Administrator as a result of a default on a loan guaranteed under this chapter unless the purchaser meets the credit underwriting standards established under section 1810(g)(2)(A) of this title.”.

4. 1986

   Pub. L. 99–576 § 403 · 100 Stat. 3248

   Added · 38 U.S.C. § 3733(c)(f)

   Pub. L. 99–576, § 403, added subsec. (f). See 1988 Amendment note above

   Source evidence

   Code amendment note
   Subsec. (c) [formerly § 1816(f)]. Pub. L. 99–576, § 403, added subsec. (f). See 1988 Amendment note above.

   Enacted provision · exact public law section
   SEC. 403. FORECLOSURE INFORMATION. Section 1816, as amended by section 402(c)(1) of this Act, is amended by adding at the end the following new subsection: “(f) (1) The Administrator shall identify and compile information on common factors which the Administrator finds contribute to foreclosures on loans guaranteed under this chapter. “(2) The Administrator shall include a summary of the information Reports. compiled, and the Administrator’s findings, under paragraph (1) of this subsection in the annual report submitted to the Congress under section 214 of this title. As part of such summary and findings, the Administrator shall provide a separate analysis of the factors which contribute to foreclosures of loans which have been assumed.”.

5. 1986

   Pub. L. 99–576 § 408(a) · 100 Stat. 3248

   Changed · 38 U.S.C. § 3733(d)

   Pub. L. 99–576, § 408(a), enacted section. See 1988 Amendment note above

   Source evidence

   Code amendment note
   Subsec. (d) [formerly § 1832]. Pub. L. 99–576, § 408(a), enacted section. See 1988 Amendment note above.

   Enacted provision · exact public law section
   (a) In General.— Subchapter III of chapter 37, as amended by section 407(a) of this Act, is further amended by adding at the end the following new section: “§ 1832. Furnishing information to real estate professionals to facilitate the disposition of properties “The Administrator shall furnish to real estate brokers and other real estate sales professionals information on the availability of real property for disposition under this chapter and the procedures used by the Veterans’ Administration to dispose of such property.”.

6. 1987

   Pub. L. 100–136 § 2 · 101 Stat. 813

   Amended · 38 U.S.C. § 3733(a)(3)(d)(3)

   Pub. L. 100–136 amended par. (3) generally. Prior to amendment, par. (3) read as follows: “Notes securing such loans may be sold with recourse only to the extent that the Administrator determines that selling such notes with recourse is necessary in order to maintain the effective functioning of the loan guaranty program under this chapter.” See 1988 Amendment note above

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 100–136 amended par. (3) generally. Prior to amendment, par. (3) read as follows: “Notes securing such loans may be sold with recourse only to the extent that the Administrator determines that selling such notes with recourse is necessary in order to maintain the effective functioning of the loan guaranty program under this chapter.” See 1988 Amendment note above.

   Enacted provision · exact public law section
   SEC 2. SALE OF VENDEE LOANS. Section 1816(d))(3) of title 38, United States Code, is amended to read as follows: “(3) The Administrator may sell any note securing such a loan— “(A) with recourse; or “(B) without recourse but only if the amount received is equal to an amount which is not less than the unpaid balance of such loan.”.

7. 1987

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

   Pub. L. 100–198 § 6(a)(1) · 101 Stat. 1315

   1. Amended · 38 U.S.C. § 3733(a)(1)(d)(1)

      Pub. L. 100–198, § 6(a)(1), and Pub. L. 100–203, § 7003(a), amended par. (1) identically

   2. Substituted · 38 U.S.C. § 3733(a)(1)(d)(1)

      Pub. L. 100–198, § 6(a)(1), and Pub. L. 100–203, § 7003(a), substituting “not more than 65 percent, nor less than 50 percent” for “not more than 75 percent, nor less than 60 percent”. See 1988 Amendment note above

   Source evidence

   Code amendment note
   Subsec. (a)(1) [formerly § 1816(d)(1)]. Pub. L. 100–198, § 6(a)(1), and Pub. L. 100–203, § 7003(a), amended par. (1) identically, substituting “not more than 65 percent, nor less than 50 percent” for “not more than 75 percent, nor less than 60 percent”. See 1988 Amendment note above.

   Enacted provision · exact public law section
   (1) Section 1816(d)(1) is amended by striking out “not more than 75 percent, nor less than 60 percent,” in the first sentence and inserting in lieu thereof “not more than 65 percent, nor less than 50 percent,”.

8. 1987

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

   Pub. L. 100–198 § 6(b)(1) · 101 Stat. 1315

   Added · 38 U.S.C. § 3733(a)(4)(6)(d)(4)(6)

   Pub. L. 100–198, § 6(b)(1), added pars. (4) to (6). See 1988 Amendment note above

   Source evidence

   Code amendment note
   Subsec. (a)(4) to (6) [formerly § 1816(d)(4) to (6)]. Pub. L. 100–198, § 6(b)(1), added pars. (4) to (6). See 1988 Amendment note above.

   Enacted provision · exact public law section
   (1) Section 1816(d) is amended by adding at the end the following new paragraphs: “(4) (A) Except as provided in subparagraph (B) of this paragraph, the amount of a loan made by the Administrator to finance the purchase of real property from the Administrator described in paragraph (1) of this subsection may not exceed an amount equal to 95 percent of the purchase price of such real property. “(B) The Administrator may waive the provisions of subparagraph (A) of this paragraph in the case of any loan described in paragraph (5) of this subsection. “(5) The Administrator may include, as part of a loan to finance a purchase of real property from the Administrator described in paragraph (1) of this subsection, an amount to be used only for the purpose of rehabilitating such property. Such amount may not exceed the amount necessary to rehabilitate the property to a habitable state, and payments shall be made available periodically as such rehabilitation is completed. “(6) This subsection shall cease to have effect on October 1, 1990.”.

9. 1987

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

   Pub. L. 100–198 § 14 · 101 Stat. 1315

   1. Amended · 38 U.S.C. § 3733(d)

      Pub. L. 100–198, § 14, designated existing provisions as subsec. (a)

   2. Added · 38 U.S.C. § 3733(d)

      Pub. L. 100–198, § 14, added subsec. (b). See 1988 Amendment note above

   Source evidence

   Code amendment note
   Subsec. (d) [formerly § 1832]. Pub. L. 100–198, § 14, designated existing provisions as subsec. (a) and added subsec. (b). See 1988 Amendment note above.

   Enacted provision · exact public law section
   SEC. 14. MARKETING Veterans’ ADMINISTRATION-ACQUIRED PROPERTIES. Section 1832 is amended— (1) by inserting “(a)” before “The”; and (2) by adding at the end the following new subsection: “(b) For the purpose of facilitating the most expeditious sale, at the highest possible price, of real property acquired by the Administrator as the result of a default on a loan guaranteed, insured, or made under this chapter, the Administrator shall list all such property with real estate brokers under such arrangements as the Administrator determines to be most appropriate and cost effective.”.

10. 1987

    Pub. L. 100–203 § 7001 · 101 Stat. 1330

    1. Added · 38 U.S.C. § 3733(a)(3)(d)(3)

       Pub. L. 100–203, § 7001, added subpars. (A) and (B)

    2. Redesignated · 38 U.S.C. § 3733(a)(3)(d)(3)

       Pub. L. 100–203, § 7001, redesignated existing provisions as subpar. (C)

    3. Substituted · 38 U.S.C. § 3733(a)(3)(d)(3)

       Pub. L. 100–203, § 7001, substituted “Beginning on October 1, 1989, the Administrator may sell any note evidencing” for “The Administrator may sell any note securing”

    4. Redesignated · 38 U.S.C. § 3733(a)(3)(d)(3)

       Pub. L. 100–203, § 7001, redesignated cls. (A) and (B) as (i) and (ii), respectively. See 1988 Amendment note above

    Source evidence

    Code amendment note
    Subsec. (a)(3) [formerly § 1816(d)(3)]. Pub. L. 100–203, § 7001, added subpars. (A) and (B), redesignated existing provisions as subpar. (C), substituted “Beginning on October 1, 1989, the Administrator may sell any note evidencing” for “The Administrator may sell any note securing”, and redesignated cls. (A) and (B) as (i) and (ii), respectively. See 1988 Amendment note above.

    Enacted provision · exact public law section
    SEC. 7001. SALES OF VENDEE LOANS WITH OR WITHOUT RECOURSE. Section 1816(d) of title 38, United States Code, is amended— (1) by redesignating paragraph (3) as subparagraph (C); (2) by inserting after paragraph (2) the following: (A) Before October 1, 1989, notes evidencing such loans may be sold with or without recourse as determined by the Administrator, with respect to specific proposed sales of such notes, to be in the best interest of the effective functioning of the loan guaranty program under this chapter, taking into consideration the comparative cost-effectiveness of each type of sale. In comparing the cost-effectiveness of conducting a proposed sale of such notes with recourse or without recourse, the Administrator shall, based on available estimates regarding likely market conditions and other pertinent factors as of the time of the sale, determine and consider— “(i) the average amount by which the selling price for such notes sold with recourse would exceed the selling price for such notes if sold without recourse; and “(ii) the total cost of selling such notes with recourse, including— “(I) any estimated discount or premium; “(II) the projected cost, based on Veterans’ Administration experience with the sale of notes evidencing vendee loans with recourse and the quality of the loans evidenced by the notes to be sold, of repurchasing defaulted notes; “(III) the total servicing cost with respect to repurchased notes, including the costs of taxes and insurance, collecting monthly payments, servicing delinquent accounts, and terminating insoluble loans; “(IV) the costs of managing and disposing of properties acquired as the result of defaults on such notes; “(V) the loss or gain on resale of such properties; and “(VI) any other cost determined appropriate by the Administrator. “(B) Not later than 60 days after making any sale described in Reports. subparagraph (A) of this paragraph occurring before October 1, 1989, the Administrator shall submit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives a report describing— “(i) the application of the provisions of such subparagraph, and each of the determinations required thereunder, in the case of such sale; “(ii) the results of the sale in comparison to the anticipated results; and “(iii) actions taken by the Administrator to facilitate the marketing of the notes involved.”; and (3) in subparagraph (C), as redesignated by clause (1) of this section— (A) by striking out “The Administrator may sell any note securing” and inserting in lieu thereof “Beginning on October 1, 1989, the Administrator may sell any note evidencing”; and (B) by redesignating clauses (A) and (B) as clauses (i) and (ii), respectively.

11. 1988

    Veterans’ Home Loan Program Emergency Amendments of 1988

    Pub. L. 100–253 § 2 · 102 Stat. 20

    1. Amended · 38 U.S.C. § 3733(a)(4)(B)(d)(4)(B)

       Pub. L. 100–253 designated existing provisions as cl. (i)

    2. Added · 38 U.S.C. § 3733(a)(4)(B)(d)(4)(B)

       Pub. L. 100–253 added cl. (ii)

    Source evidence

    Code amendment note
    Subsec. (a)(4)(B) [formerly § 1816(d)(4)(B)]. Pub. L. 100–253 designated existing provisions as cl. (i) and added cl. (ii).

    Enacted provision · exact public law section
    SEC. 2. DOWNPAYMENT REQUIREMENTS FOR VENDEE LOANS. Section 1816(d)(4)(B) of title 38, United States Code (as amended by section 6(b)(1) of Public Law 100–198), is amended— (1) by inserting “(i)” after “(B)”; and (2) by adding at the end the following new division: “(ii) A loan described in subparagraph (A) of this paragraph may, to the extent the Administrator determines to be necessary in order to market competitively the property involved, exceed 95 percent of the purchase price.”.

12. 1988

    Veterans

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

    Added · 38 U.S.C. § 3733

    Pub. L. 100–322, § 415(b)(1)(D), added section catchline

    Source evidence

    Code amendment note
    Pub. L. 100–322, § 415(b)(1)(D), added section catchline.

    Enacted provision · exact public law section
    (D) Subsections (d), (e), and (f) of section 1816 are redesignated as subsections (a), (b), and (c), respectively, and transferred so that they will appear after section 1832, as transferred by subparagraph (C) of this paragraph with the following heading: “§ 1833. Property management”.

13. 1988

    Veterans

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

    Redesignated · 38 U.S.C. § 3733(a)

    Pub. L. 100–322, § 415(b)(1)(D), redesignated subsec. (d) of section 1816 of this title as subsec. (a) of this section

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 100–322, § 415(b)(1)(D), redesignated subsec. (d) of section 1816 of this title as subsec. (a) of this section.

    Enacted provision · exact public law section
    (D) Subsections (d), (e), and (f) of section 1816 are redesignated as subsections (a), (b), and (c), respectively, and transferred so that they will appear after section 1832, as transferred by subparagraph (C) of this paragraph with the following heading: “§ 1833. Property management”.

14. 1988

    Veterans

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

    Redesignated · 38 U.S.C. § 3733(b); 38 U.S.C. § 3733(c)

    Pub. L. 100–322, § 415(b)(1)(D), redesignated subsecs. (e) and (f) of section 1816 of this title as subsecs. (b) and (c), respectively, of this section

    Source evidence

    Code amendment note
    Subsecs. (b), (c). Pub. L. 100–322, § 415(b)(1)(D), redesignated subsecs. (e) and (f) of section 1816 of this title as subsecs. (b) and (c), respectively, of this section.

    Enacted provision · exact public law section
    (D) Subsections (d), (e), and (f) of section 1816 are redesignated as subsections (a), (b), and (c), respectively, and transferred so that they will appear after section 1832, as transferred by subparagraph (C) of this paragraph with the following heading: “§ 1833. Property management”.

15. 1988

    Veterans

    Pub. L. 100–322 § 415(b)(5)(B) · 102 Stat. 487

    1. Amended · 38 U.S.C. § 3733(d)

       Pub. L. 100–322, § 415(b)(5)(B), (C), as amended by Pub. L. 102–54, § 14(g)(1)

    2. Redesignated · 38 U.S.C. § 3733(d)

       Pub. L. 100–322, § 415(b)(5)(B), (C), as redesignated subsecs. (a) and (b) of section 1832 of this title as pars. (1) and (2), respectively, of subsec. (d) of this section

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 100–322, § 415(b)(5)(B), (C), as amended by Pub. L. 102–54, § 14(g)(1), redesignated subsecs. (a) and (b) of section 1832 of this title as pars. (1) and (2), respectively, of subsec. (d) of this section.

    Enacted provision · exact public law section
    (B) is amended by redesignating subsection (a) as subsection (d)(1) and subsection (b) as paragraph (2); and

16. 1988

    Veterans’ Benefits and Programs Improvement Act of 1988

    Pub. L. 100–689 title III § 301 · 102 Stat. 4161

    Added · 38 U.S.C. § 3733(a)(7)

    Pub. L. 100–689 added par. (7)

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 100–689 added par. (7).

    Enacted provision · exact public law section
    SEC. 301. INTEREST RATE REQUIREMENTS FOR VENDEE LOANS. Section 1833(a) is amended by adding at the end the following new paragraph: “(7) The Administrator shall make a loan to finance the sale of real property described in paragraph (1) of this subsection at an interest rate that is lower than the prevailing mortgage market interest rate in areas where, and to the extent, the Administrator determines, in light of prevailing conditions in the real estate market involved, that such lower interest rate is necessary in order to market the property competitively and is in the interest of the long-term stability and solvency of the Veterans’ Administration Loan Guaranty Revolving Fund established by section 1824(a) of this title.”.

17. 1989

    Veterans Home Loan Indemnity and Restructuring Act of 1989

    Pub. L. 101–237 title III · 103 Stat. 2062

    Substituted · 38 U.S.C. § 3733(a)

    Pub. L. 101–237 § 313(b)(1), (2), substituted “Secretary” and “Department of Veterans Affairs” for “Administrator” and “Veterans’ Administration”, respectively, wherever appearing

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 101–237 § 313(b)(1), (2), substituted “Secretary” and “Department of Veterans Affairs” for “Administrator” and “Veterans’ Administration”, respectively, wherever appearing.

    Enacted provision · exact public law
    TITLE III— HOUSING SEC. 301. SHORT TITLE. This title may be cited as the “Veterans Home Loan Indemnity and Restructuring Act of 1989”. SEC. 302. ESTABLISHMENT OF GUARANTY AND INDEMNITY FUND. (a) New Fund.— (1) Section 1825 is amended to read as follows: “§ 1825. Guaranty and Indemnity Fund “(a) There is hereby established in the Treasury of the United States a revolving fund known as the Guaranty and Indemnity Fund. “(b) The Guaranty and Indemnity Fund shall be available to the Secretary for all operations carried out with respect to housing loans guaranteed or insured under this chapter that are closed after December 31, 1989, except for operations with respect to loans for any purpose specified in section 1812 of this title, for loans guaranteed under section 1811(g) of this title, and for administrative expenses. For purposes of this subsection, the term ‘administrative expenses’ shall not include expenses incurred by the Secretary for appraisals performed after December 31, 1989, on a contractual basis in connection with the liquidation of housing loans guaranteed, insured, or made under this chapter. “(c) (1) All fees collected under section 1829 of this title for loans with respect to which the Guaranty and Indemnity Fund is available shall be credited to such Fund. “(2) There shall also be credited to the Guaranty and Indemnity Fund— “(A) for each loan closed during fiscal year 1990 with respect to which the Guaranty and Indemnity Fund is available, an amount equal to 0.375 percent of the original amount of such loan for each of the fiscal years 1991 and 1992; “(B) for each loan closed after fiscal year 1990 with respect to which the Guaranty and Indemnity Fund is available, an amount equal to 0.25 percent of the original amount of such loan for each of the three fiscal years beginning with the fiscal year in which such loan is closed; “(C) all collections of principal and interest and the proceeds from the use or sale of property which secured a Joan with respect to which the Guaranty and Indemnity Fund is available; “(D) amounts required to be credited under subsections (a)(3) and (c)(2), including amounts credited pursuant to subsections (a)(4) and (c)(3), of section 1829 of this title; “(E) fees collected under section 1829(b) of this title with respect to guaranteed or insured loans that are closed after December 31, 1989, and subsequently assumed; and “(F) all income from the investments described in subsection (d) of this section. “(d) (1) The Secretary of the Treasury shall invest the portion of Securities. the Guaranty and Indemnity Fund that is not required to meet current payments made from such Fund, as determined by the Secretary of Veterans Affairs, in obligations of the United States or in obligations guaranteed as to principal and interest by the United States. “(2) In making investments under paragraph (1) of this subsection, the Secretary of the Treasury shall select obligations having matu-rities suitable to the needs of the Guaranty and Indemnity Fund, as determined by the Secretary of Veterans Affairs, and bearing interest at suitable rates, as determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturities. “(e) (1) Notwithstanding subsection (b) of this section, the Guaranty and Indemnity Fund shall be available to the Secretary, to such extent as is, or in such amounts as are, provided for in appropriation Acts and subject to paragraph (2) of this subsection, for— “(A) contracts for the performance of supplementary services described in paragraph (2) of section 1824(e) of this title for which the Secretary is otherwise authorized to contract; and “(B) the acquisition of supplementary equipment described in such paragraph, (not including services or equipment for which the Guaranty and Indemnity Fund is available under subsection (b) of this section), as the Secretary determines would assist in ensuring the long-term stability and solvency of the Guaranty and Indemnity Fund. “(2) The Secretary may not in any fiscal year obligate more than a total of $25,000,000 for services or equipment under this subsection and section 1824(e) of this title.”. (2) Section 1824(e)(3) is amended— (A) by inserting “a total of” before “$25,000,000”; and (B) by inserting “and section 1825(e) of this title” before the period. (3) (A) The section heading of section 1824 is amended to read as follows: “§ 1824. Loan Guaranty Revolving Fund”. (B) The table of sections at the beginning of chapter 37 is amended by striking out the items relating to sections 1824 and 1825 and inserting in lieu thereof the following: “1824. Loan Guaranty Revolving Fund. “1825. Guaranty and Indemnity Fund.”. (b) Annual Submission of Information.— (1) Subchapter III of chapter 37 is amended by adding at the end the following new section: “§ 1834. Annual submission of information on the Loan Guaranty Revolving Fund and the Guaranty and Indemnity Fund “(a) In the documents providing detailed information on the budget for the Department of Veterans Affairs that the Secretary submits to the Congress in conjunction with the President’s budget submission for each fiscal year pursuant to section 1105 of title 31, United States Code, the Secretary shall include— “(1) a description of the operations of the Loan Guaranty Revolving Fund and the Guaranty and Indemnity Fund during the fiscal year preceding the fiscal year in which such budget is submitted; and “(2) the needs of such funds, if any, for appropriations in— “(A) the fiscal year in which the budget is submitted; and “(B) the fiscal year for which the budget is submitted. “(b) The matters submitted under subsection (a) of this section shall include, with respect to each fund referred to in subsection (a), the following: “(1) Information and financial data on the operations of the fund during the fiscal year before the fiscal year in which such matters are submitted and estimated financial data and related information on the operation of the fund for— “(A) the fiscal year of the submission; and “(B) the fiscal year following the fiscal year of the submission. “(2) Estimates of the amount of revenues derived by the fund in the fiscal year preceding the fiscal year of the submission, in the fiscal year of the submission, and in the fiscal year following the fiscal year of the submission from each of the following sources: “(A) Fees collected under section 1829(a) of this title for each category of loan guaranteed, insured, or made under this chapter or collected under section 1829(b) of this title for assumed loans. “(B) Federal Government contributions made under clauses (A) and (B) of section 1825(c)(2) of this title. “(C) Federal Government payments under subsections (a)(3) and (c)(2) of section 1829 of this title. “(D) Investment income. “(E) Sales of foreclosed properties. “(F) Loan asset sales. “(G) Each additional source of revenue. “(3) Information, for each fiscal year referred to in paragraph (2) of this subsection, regarding the types of dispositions made and anticipated to be made of defaults on loans guaranteed, insured, or made under this chapter, including the cost to the fund, and the numbers, of such types of dispositions.”. (2) The table of sections at the beginning of chapter 37 is amended by inserting after the item relating to section 1833 the following new item: “1834. Annual submission of information on the Loan Guaranty Revolving Fund and the Guaranty and Indemnity Fund.”. (c) Conforming Amendments.— Section 1824 is amended— (1) in subsection (b), by inserting before the period at the end of the first sentence the following: “and the operations carried out in connection with the Guaranty and Indemnity Fund established by section 1825 of this title”; and (2) in subsection (c)— (A) by inserting after “title” in clause (2) the following: “for loans closed before January 1, 1990, except that fees collected (A) for all loans made for any purpose specified in section 1812 of this title, or (B) under subsection (b) of such section 1829 for guaranteed or insured loans that are closed before January 1, 1990, and subsequently assumed shall also be deposited in the Fund”; and (B) by inserting after “under this chapter” in clause (3) the following: “(other than operations for which the Guaranty and Indemnity Fund established under section 1825 of this title is available)”. SEC. 303. LOAN FEE. (a) In General.— Section 1829 is amended to read as follows: “§ 1829. Loan fee “(a) (1) Except as provided in subsection (c)(1) of this section, a fee shall be collected from each veteran obtaining a housing loan guaranteed, insured, or made under this chapter, and from each person obtaining a loan under section 1833(a) of this title, and no such loan may be guaranteed, insured, or made under this chapter until the fee payable under this section has been remitted to the Secretary. “(2) The amount of such fee shall be 1.25 percent of the total loan amount, except that— “(A) in the case of a loan made under section 1811 or 1833(a) of this title or for any purpose specified in section 1812 of this title, the amount of such fee shall be one percent of the total loan amount; “(B) in the case of a guaranteed or insured loan for a purchase (except for a purchase referred to in section 1812(a) of this title), or for construction, with respect to which the veteran has made a downpayment of 5 percent or more, but less than 10 percent, of the total purchase price or construction cost, the amount of such fee shall be 0.75 percent of the total loan amount; and “(C) in the case of a guaranteed or insured loan for a purchase (except for a purchase referred to in section 1812(a) of this title), or for construction, with respect to which the veteran has made a downpayment of 10 percent or more of the total purchase price or construction cost, the amount of such fee shall be 0.50 percent of the total loan amount. “(3) Except as provided in paragraph (4) of this subsection, there shall be credited to the Guaranty and Indemnity Fund (in addition to the amount required to be credited to such Fund under section 1825(c)(2)(A) or (B) of this title), on behalf of a veteran who has made a downpayment described in paragraph (2)(C) of this subsection, an amount equal to 0.25 percent of the total loan amount for the fiscal year in which the loan is closed and for the following fiscal year. “(4) Credits to the Guaranty and Indemnity Fund under paragraph (3) of this subsection with respect to loans guaranteed or insured under this chapter that are closed during fiscal year 1990 shall be made in October 1990 and October 1991. “(5) The amount of the fee to be collected under paragraph (1) of this subsection may be included in the loan and paid from the proceeds thereof. “(b) Except as provided in subsection (c) of this section, a fee shall be collected from a person assuming a loan to which section 1814 of this title applies. The amount of the fee shall be equal to 0.50 percent of the balance of the loan on the date of the transfer of the property. “(c) (1) A fee may not be collected under this section from a veteran who is receiving compensation (or who but for the receipt of retirement pay would be entitled to receive compensation) or from a surviving spouse of any veteran (including a person who died in the active military, naval, or air service) who died from a service-connected disability. “(2) There shall be credited to the Guaranty and Indemnity Fund (in addition to the amount required to be credited to such Fund under section 1825(c)(2)(A) or (B) of this title and subsection (a)(3) of this section), on behalf of a veteran or surviving spouse described in paragraph (1) of this subsection, an amount equal to the fee that, except for paragraph (1) of this subsection, would be collected from such veteran or surviving spouse. “(3) Credits to the Guaranty and Indemnity Fund under paragraph (2) of this subsection with respect to loans guaranteed, insured, or made under this chapter that are closed during fiscal year 1990 shall be made in October 1990.”. (b) Effective Date.— The amendments made by this section shall 30 USC 1829 note. take effect on January 1, 1990. (c) Fee Collection Through 1989.— Notwithstanding any other 38 USC 1829 note. provision of law, the Secretary of Veterans Affairs shall collect fees under section 1829 of title 38, United States Code, through December 31, 1989. SEC. 304. INDEMNIFICATION AFTER DEFAULT. (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.”. (b) Conforming Amendment.— The last sentence of section 1832(a)(1) is amended by striking out “If” and inserting in lieu thereof “Except as provided in section 1803(e) of this title, if”. SEC. 305. SALE OF VENDEE LOANS. (a) In General.— Section 1833 is amended— (1) in subsection (a)(3)— (A) in subparagraph (A), by striking out “Before October 1, 1990”, and inserting in lieu thereof “Subject to subparagraph (C) of this paragraph,”; (B) in subparagraph (B), by striking out “occurring before October 1, 1990”; and (C) in subparagraph (O, by striking out “October 1, 1990,” and inserting in lieu thereof “October 1, 1989,”; (2) in subsection (a)(6), by striking out “October 1” and inserting in lieu thereof “December 31”; and (3) by adding at the end the following new subsection: “(e) Notwithstanding any other provision of law, the amount Real property. received from the sale of any note evidencing a loan secured by real property described in subsection (a)(1) of this section shall be credited, without any reduction and for the fiscal year in which the amount is received, as offsetting collections of— “(1) the revolving fund for which a fee under section 1829 of this title was collected (or was exempted from being collected) at the time of the original guaranty of the loan that was secured by the same property; or “(2) in any case in which there was no requirement of (or exemption from) a fee at the time of the original guaranty of the loan that was secured by the same property, the Loan Guaranty Revolving Fund; and the total so credited to any revolving fund for a fiscal year shall offset outlays attributed to such revolving fund during such fiscal year.”. (b) Effective Dates.— (1) If, before the date and time of the enactment of this Act, no provision of law has been enacted amending section 1833 of title 38, United States Code, by adding a new subsection (e) with a text substantively identical to the text of the new subsection (e) added to such section 1833 by subsection (a)(3) of this section, the provisions of subsection (a)(1) of this section amending subsection (a)(3) of such section 1833 shall not take effect. (2) Subsection (e) of section 1833 of such title 38, as added by subsection (a)(3), shall apply with respect to amounts referred to in such subsection (e) received after September 30, 1989. SEC. 306. INCREASE IN ENTITLEMENT AMOUNT. (a) Increased Entitlement.— Section 1803(a)(1) is amended— (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 (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,”. (b) Effective Date.— The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply only with respect to loans closed after such date. SEC. 307. NOTIFICATION REQUIREMENT. Section 1832(a) is amended by adding at the end the following: (5) In the event of default in the payment of any loan guaranteed or insured under this chapter in which a partial payment has been tendered by the veteran concerned and refused by the holder, the holder of the obligation shall notify the Secretary as soon as such payment has been refused. The Secretary may require that any such notification include a statement of the circumstances of the default, the amount tendered, the amount of the indebtedness on the date of the tender, and the reasons for the holder’s refusal.”. SEC. 308. NO-BID FORMULA. (a) Exclusion of Interest Costs.— Section 1832(c)(1)(C)(ii) is amended by inserting before the period the following: excluding any amount attributed to the cost to the Government of borrowing funds”. (b) Extension.— (1) Section 1832(c)(11) of such title is amended by striking out “October 1, 1989” and inserting in lieu thereof “October 1, 1991”. (2) The amendment made by paragraph (1) shall take effect as of Effective date. 38 USC 1832 note. October 1, 1989. SEC. 309. REFINANCING LOANS. (a) Repeal of Limitation on Amount of Refinancing Loan.— Section 1810 is amended by striking out subsection (h). (b) Conditions for Guaranteeing or Making a Refinancing Loan.— Subsection (b) of section 1810 is amended— (1) in clause (5)— (A) by inserting “except in the case of a loan described in clause (7) or (8) of this subsection,” after “(5)”; and (B) by striking out “and,” at the end; (2) by striking out the period at the end of clause (6) and inserting in lieu thereof a semicolon; and (3) by adding at the end the following new clauses: “(7) in the case of a loan (other than a loan made for a purpose specified in subsection (a)(8) of this section) that is made to refinance— “(A) a construction loan, “(B) an installment land sales contract, or “(C) a loan assumed by the veteran that provides for a lower interest rate than the loan being refinanced, the amount of the loan to be guaranteed or made does not exceed the lesser of— “(i) the reasonable value of the dwelling or farm residence securing the loan, as determined pursuant to section 1831 of this title; or “(ii) the sum of the outstanding balance on the loan to be refinanced and the closing costs (including discounts) actually paid by the veteran, as specified by the Secretary in regulations; and (8) in the case of a loan to refinance a loan (other than a loan or installment sales contract described in clause (7) of this subsection or a loan made for a purpose specified in subsection (a)(8) of this section), the amount of the loan to be guaranteed or made does not exceed 90 percent of the reasonable value of the dwelling or farm residence securing the loan, as determined pursuant to section 1831 of this title.”. SEC. 310. COMPUTATION OF ENTITLEMENT AMOUNT. Section 1802(b) is amended— (1) by striking out “or” at the end of clause (1)(B); (2) by striking out the period at the end of clause (2) and inserting in lieu thereof “; or”; and (3) by inserting after clause (2) the following new clause: “(3) (A) the loan has been repaid in full; and “(B) the loan for which the veteran seeks to use entitlement under this chapter is secured by the same property which secured the loan referred to in subparagraph (A) of this paragraph.”. SEC. 311. WAIVER OF INDEBTEDNESS TO THE UNITED STATES. Section 3102 is amended— (1) in subsection (b), by striking out “may” and inserting in lieu thereof “shall, except as provided in subsection (c) of this section,”; and (2) in subsection (c)— (A) by striking out “The” and all that follows through “thereon)” and inserting in lieu thereof “The recovery of any payment or the collection of any indebtedness (or any interest thereon) may not be waived under this section”; and (B) by striking out “, material fault, or lack of good faith” and inserting in lieu thereof “or bad faith”. SEC. 312. STUDY OF HOME LOANS TO NATIVE-AMERICAN VETERANS. (a) In General.— The Secretary of Veterans Affairs and the Secretary of the Interior shall jointly conduct a study to determine the following: (1) The extent to which veterans who are Native Americans living on Native-American trust lands participate in the Department of Veterans Affairs home loan guaranty program under chapter 37 of title 38, United States Code. (2) The level of participation of such veterans in such program, whether such participation is lower than the level of participation of all veterans and, if so, the reasons for the lower level of participation, including any reasons relating to the structure of the home loan guaranty program, the secondary mortgage market, the willingness of lenders to make home loans on trust land, cultural factors, and attitudinal factors. (3) The legislative, regulatory, and administrative actions necessary, if any, to improve the access of the veterans referred to in paragraph (1) to benefits under chapter 37 of title 38, United States Code. (4) Whether it would be desirable, feasible, and equitable to utilize the direct home loan authority under section 1811 of title 38, United States Code, to promote increased home ownership among such veterans. (b) Considerations.— In conducting the study, the Secretaries shall consider— (1) the concerns and recommendations of the Advisory Committee on Native-American Veterans contained in the reports submitted by that committee pursuant to section 19032(f) of the Veterans’ Health-Care Amendments of 1986 (title XIX of Public Law 99–272; 100 Stat. 388); (2) the experience of the Bureau of Indian Affairs and the Department of Housing and Urban Development in developing and carrying out programs designed to meet the home financing needs of Native Americans; and (3) any experience of private-sector lending institutions in making loans on trust land. (c) Report.— Not later than June 1, 1990, the Secretaries shall transmit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on the results of the study conducted under subsection (a). (d) Definitions.— For the purposes of this section— (1) the term “Native-American trust land” means any land that— (A) is held in trust by the United States for Native Americans; (B) is subject to restrictions on alienation imposed by the United States on Indian lands; (C) is owned by a Regional Corporation or a village corporation, as such terms are defined in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b)); or (D) is on any island in the Pacific Ocean if such land is, by cultural tradition, communally-owned land, as determined by the Secretary of Veterans Affairs; and (2) the term “Native American” means— (A) an Indian, as defined in section 4(d) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(d)); (B) a Native Hawaiian, as defined in section 8 of the Native Hawaiian Health Care Act of 1988 (Public Law 100–579; 102 Stat. 2921); (C) an Alaska Native, within the meaning provided for the term “Native” in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b)); and (D) a Pacific Islander, within the meaning of the Native American Programs Act of 1974 (42 U.S.C. 2991 et seq.). SEC. 313. CLARIFYING AND TECHNICAL AMENDMENTS. (a) Clarifying Amendment.— Section 1801(b) is amended by adding at the end the following new paragraph: “(4) The term ‘veteran’ also includes an individual serving on active duty.”. (b) Technical Amendments.— Title 38 is amended as follows: (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. (2) Subchapter III of chapter 37 is amended by striking out “Veterans’ Administration” and “Veterans’ Administration’s” each place such terms appear and inserting in lieu thereof “Department of Veterans Affairs” and “Department of Veterans Affairs’”, respectively. (3) Section 906(e)(2) is amended by striking out “Administrator or the Secretary” and inserting in lieu thereof “Secretary of Veterans Affairs or Secretary of the Army”. (4) Section 1005(a) is amended by inserting “of the Interior” after “Secretary” the second place it appears. (5) Section 1009(b) is amended by inserting “of the Army” after “Secretary”. (6) Section 1803(c)(1) is amended by inserting “of Housing and Urban Development” after “Secretary” the second place it appears. (7) Section 1812(h)(2)(B) is amended— (A) by striking out “Secretary pursuant” and inserting in lieu thereof “Secretary of Housing and Urban Development pursuant”; and (B) by striking out “Administrator” each place it appears and inserting in lieu thereof “Secretary of Veterans Affairs”. (8) Section 1823(a) is amended by inserting “of the Treasury” after “Secretary” the last place it appears. (9) Section 1823(3)(2) is amended by inserting “of the Treasury” after “Secretary”.

18. 1989

    Veterans Home Loan Indemnity and Restructuring Act of 1989

    Pub. L. 101–237 § 305(a)(1) · 103 Stat. 2062

    1. Substituted · 38 U.S.C. § 3733(a)(3)

       Pub. L. 101–237, § 305(a)(1), which directed the amendment of subpar. (A) by substituting “Subject to subparagraph (C) of this paragraph,” for “Before October 1, 1990,” in introductory provisions, did not become effective, see section 305(b)(1) of Pub. L. 101–237, set out as an Effective Date of 1989 Amendments note below

    2. Substituted · 38 U.S.C. § 3733(a)(3)

       Pub. L. 101–237, § 305(a)(1), which directed the amendment of subpar. (A) by substituting “October 1, 1989” for “October 1, 1990” in introductory provisions, did not become effective, see section 305(b)(1) of Pub. L. 101–237, set out as an Effective Date of 1989 Amendments note below

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–237, § 305(a)(1), which directed the amendment of subpar. (A) by substituting “Subject to subparagraph (C) of this paragraph,” for “Before October 1, 1990,” the amendment of subparagraph (B) by striking out “occurring before October 1, 1990,” after “of this paragraph”, and the amendment of subpar. (C) by substituting “October 1, 1989” for “October 1, 1990” in introductory provisions, did not become effective, see section 305(b)(1) of Pub. L. 101–237, set out as an Effective Date of 1989 Amendments note below.

    Enacted provision · exact public law section
    (1) in subsection (a)(3)— (A) in subparagraph (A), by striking out “Before October 1, 1990”, and inserting in lieu thereof “Subject to subparagraph (C) of this paragraph,”; (B) in subparagraph (B), by striking out “occurring before October 1, 1990”; and (C) in subparagraph (O, by striking out “October 1, 1990,” and inserting in lieu thereof “October 1, 1989,”;

19. 1989

    Veterans Home Loan Indemnity and Restructuring Act of 1989

    Pub. L. 101–237 § 305(a)(2) · 103 Stat. 2062

    Substituted · 38 U.S.C. § 3733(a)(6)

    Pub. L. 101–237, § 305(a)(2), substituted “December 31” for “October 1”

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 101–237, § 305(a)(2), substituted “December 31” for “October 1”.

    Enacted provision · exact public law section
    (2) in subsection (a)(6), by striking out “October 1” and inserting in lieu thereof “December 31”; and

20. 1989

    Veterans Home Loan Indemnity and Restructuring Act of 1989

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

    Substituted · 38 U.S.C. § 3733(b)(d)

    Pub. L. 101–237, § 313(b)(1), (2), substituted “Secretary”, “Secretary’s”, and “Department of Veterans Affairs” for “Administrator”, “Administrator’s”, and “Veterans’ Administration”, respectively, wherever appearing

    Source evidence

    Code amendment note
    Subsecs. (b) to (d). Pub. L. 101–237, § 313(b)(1), (2), substituted “Secretary”, “Secretary’s”, and “Department of Veterans Affairs” for “Administrator”, “Administrator’s”, and “Veterans’ Administration”, 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.

21. 1989

    Veterans Home Loan Indemnity and Restructuring Act of 1989

    Pub. L. 101–237 § 305(a)(3) · 103 Stat. 2062

    Added · 38 U.S.C. § 3733(e)

    Pub. L. 101–237, § 305(a)(3), and Pub. L. 101–239, § 5003(a), amended section identically adding identical subsecs. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 101–237, § 305(a)(3), and Pub. L. 101–239, § 5003(a), amended section identically adding identical subsecs. (e).

    Enacted provision · exact public law section
    (3) by adding at the end the following new subsection: “(e) Notwithstanding any other provision of law, the amount Real property. received from the sale of any note evidencing a loan secured by real property described in subsection (a)(1) of this section shall be credited, without any reduction and for the fiscal year in which the amount is received, as offsetting collections of— “(1) the revolving fund for which a fee under section 1829 of this title was collected (or was exempted from being collected) at the time of the original guaranty of the loan that was secured by the same property; or “(2) in any case in which there was no requirement of (or exemption from) a fee at the time of the original guaranty of the loan that was secured by the same property, the Loan Guaranty Revolving Fund; and the total so credited to any revolving fund for a fiscal year shall offset outlays attributed to such revolving fund during such fiscal year.”.

22. 1989

    Omnibus Budget Reconciliation Act of 1989

    Pub. L. 101–239 § 5002 · 103 Stat. 2106

    Substituted · 38 U.S.C. § 3733(a)(3)

    Pub. L. 101–239, § 5002, substituted “October 1, 1990” for “October 1, 1989” wherever appearing

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 101–239, § 5002, substituted “October 1, 1990” for “October 1, 1989” wherever appearing.

    Enacted provision · exact public law section
    SEC. 5002. POSTPONEMENT OF RESTRICTIONS ON WITHOUT-RECOURSE VENDEE LOAN SALES. Section 1833(a)(3) of title 38, United States Code, is amended by striking out “October 1, 1989” each place it appears and inserting in lieu thereof “October 1, 1990”.

23. 1991

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

    1. Added · 38 U.S.C. § 3733(a)(2)

       Pub. L. 102–54, § 2(a), added par. (2)

    2. Struck · 38 U.S.C. § 3733(a)(2)

       Pub. L. 102–54, § 2(a), struck out former par. (2) which read as follows: “In carrying out paragraph (1) of this subsection, the Secretary, to the maximum extent consistent with that paragraph and with maintaining the effective functioning of the loan guaranty program under this chapter, shall minimize the number of loans made by the Secretary to finance purchases of real property from the Secretary described in that paragraph.”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 102–54, § 2(a), added par. (2) and struck out former par. (2) which read as follows: “In carrying out paragraph (1) of this subsection, the Secretary, to the maximum extent consistent with that paragraph and with maintaining the effective functioning of the loan guaranty program under this chapter, shall minimize the number of loans made by the Secretary to finance purchases of real property from the Secretary described in that paragraph.”

    Enacted provision · exact public law section
    (a) Vendee Loans.— Section 1833(a) of title 38, United States Code, is amended by striking out paragraphs (2) and (3) and inserting in lieu thereof the following: “(2) After September 30, 1990, the percentage limitations described in paragraph (1) of this subsection shall have no effect. “(3) The Secretary may, beginning on October 1, 1990, sell any note evidencing a loan referred to in paragraph (1)— “(A) with recourse; or “(B) without recourse, but only if the amount received is equal to an amount which is not less than the unpaid balance of such loan.”.

24. 1991

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

    1. Added · 38 U.S.C. § 3733(a)(3)

       Pub. L. 102–54, § 2(a), added par. (3)

    2. Struck · 38 U.S.C. § 3733(a)(3)

       Pub. L. 102–54, § 2(a), struck out former par. (3) which authorized sales before Oct. 1, 1990, of notes for loans under subsec. (a)(1) and required Secretary to make reports of such sales to Committees on Veterans’ Affairs of Senate and House of Representatives

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 102–54, § 2(a), added par. (3) and struck out former par. (3) which authorized sales before Oct. 1, 1990, of notes for loans under subsec. (a)(1) and required Secretary to make reports of such sales to Committees on Veterans’ Affairs of Senate and House of Representatives.

    Enacted provision · exact public law section
    (a) Vendee Loans.— Section 1833(a) of title 38, United States Code, is amended by striking out paragraphs (2) and (3) and inserting in lieu thereof the following: “(2) After September 30, 1990, the percentage limitations described in paragraph (1) of this subsection shall have no effect. “(3) The Secretary may, beginning on October 1, 1990, sell any note evidencing a loan referred to in paragraph (1)— “(A) with recourse; or “(B) without recourse, but only if the amount received is equal to an amount which is not less than the unpaid balance of such loan.”.

25. 1991

    Pub. L. 102–54 § 3(b) · 105 Stat. 267

    1. Redesignated · 38 U.S.C. § 3733(a)(6)

       Pub. L. 102–54, § 3(b), redesignated par. (7) as (6)

    2. Struck · 38 U.S.C. § 3733(a)(6)

       Pub. L. 102–54, § 3(b), struck out former par. (6) which read as follows: “This subsection shall cease to have effect on December 31, 1990.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–54, § 3(b), redesignated par. (7) as (6) and struck out former par. (6) which read as follows: “This subsection shall cease to have effect on December 31, 1990.”

    Enacted provision · exact public law section
    (b) Appraisals.— Section 1831(f)(3) of such title is amended by striking out “October 1, 1990” and inserting in lieu thereof “December 31, 1992”.

26. 1991

    Pub. L. 102–54 § 3(b)(2) · 105 Stat. 267

    Redesignated · 38 U.S.C. § 3733(a)(7)

    Pub. L. 102–54, § 3(b)(2), redesignated par. (7) as (6)

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 102–54, § 3(b)(2), redesignated par. (7) as (6).

    Enacted provision · exact public law section
    (b) Appraisals.— Section 1831(f)(3) of such title is amended by striking out “October 1, 1990” and inserting in lieu thereof “December 31, 1992”.

27. 1991

    Pub. L. 102–54 § 14(g)(1) · 105 Stat. 267

    Changed · 38 U.S.C. § 3733(d)

    Pub. L. 102–54, § 14(g)(1), made a technical amendment to Pub. L. 100–322, § 415(b)(5)(C). See 1988 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 102–54, § 14(g)(1), made a technical amendment to Pub. L. 100–322, § 415(b)(5)(C). See 1988 Amendment note below.

    Enacted provision · exact public law section
    SEC. 14. TECHNICAL AMENDMENTS TO TITLE 38, UNITED STATES CODE. (a) CHAPTERS 1 AND 3 OF TITLE 38.—Part I of title 38, United States Code, is amended as follows: (1) Section 101(21)(C) is amended by redesignating subclauses (a), (b), and (c) of clause (ii) as subclauses (I), (II), and (III), respectively. (2) Section 102 is amended by striking out “(C)” before “For the purposes of” and inserting in lieu thereof “(c)”. (b) Chapters 11 Through 24 of Title 38.— Part II of such title is amended as follows: (1) Section 354 is amended— (A) by inserting a comma in the section heading after “place”; and (B) by inserting “(Public Law 98–542; 98 Stat. 2727)” in subsection (a) before the period at the end. (2) Section 402(d) is amended by striking out “Secretary of the Department” and inserting in lieu thereof “Secretary of the department”. (3) Section 412(a) is amended by striking out “201” and inserting in lieu thereof “401”. (4) Section 423 is amended— (A) by striking out “or section 321(b) of title 32,” in the first sentence; and (B) by striking out “1476(a) or 321(b)” in the second sentence. (5) Section 503(a) is amended— (A) in paragraph (8), by striking out “per centum” and inserting in lieu thereof “percent”; and (B) in paragraph (10)(A)— (i) by striking out “Internal Revenue Code of 1954 (26 U.S.C. 6012(a))” and inserting in lieu thereof “Internal Revenue Code of 1986”; and (ii) by striking out “section 143” and inserting in lieu thereof “section 7703”. (6) Section 508(b) is amended by striking out “per centum” and inserting in lieu thereof “percent”. (7) Sections 532(a) and 534(a) are amended— (A) by striking out the semicolon at the end of paragraph (2) and inserting in lieu thereof a period; and (B) by striking out the matter following paragraph (2). (8) Section 601 is amended— (A) in paragraph (2), by striking out “any veteran of the Indian Wars, or”; (B) by striking out paragraph (3); (C) by redesignating paragraph (4) as paragraph (3); (D) in paragraph (6)— (i) by striking out “section 612(f)(l)(A)(i)” in subparagraph (A)(i) and inserting in lieu thereof “section 612(a)(5)(A)”; and (ii) by striking out “section 612(f)(1)(A)(ii)” in subparagraph (B)(i)(II) and inserting in lieu thereof “section 612(a)(5)(B)”; and (E) by transferring paragraph (9) within such section so as to appear before paragraph (5) and redesignating such paragraph as paragraph (4). (9) Section 603 is amended— (A) by striking out “section” before “paragraph” in subsection (a)(2)(B); (B) by striking out “section 612(b)(1)(G)” in subsection (a)(7) and inserting in lieu thereof “section 612(b)(1)(F)”; and (C) by inserting “(Public Law 100–322; 102 Stat. 501)” in subsection (c) before the period at the end. (10) Section 610(a)(1)(H) is amended by striking out “the Spanish-American War, the Mexican border period,” and inserting in lieu thereof “the Mexican border period”. (11) Section 612A(b)(l) is amended by striking out “paragraph (1)(A)(ii) of section 612(f)” and inserting in lieu thereof “section 612(a)(5)(B)”. (12) Section 618(c)(3) is amended by inserting “and” after “productivity”. (13) Section 620A(f)(l) is amended by striking out “during the period” before “beginning on”. (14) Section 628(a)(2)(D) is amended by striking out “is (i)” and inserting in lieu thereof “(i) is”. (15) Section 630(a) is amended— (A) by striking out “(1)” after “(a)”; and (B) by redesignating subparagraph (A), clause (i), clause (ii), and subparagraph (B) as paragraph (1), subparagraph (A), subparagraph (B), and paragraph (2), respectively. (16) Section 765 is amended— (A) in paragraph (4), by redesignating clauses (i) and (ii) as clauses (A) and (B), respectively; and (B) in each of paragraphs (8) and (9), by redesignating clauses (a), (b), (c), (d), and (e) as clauses (A), (B), (C), (D), and (E), respectively. (17) Section 770(g) is amended by striking out “the Internal Revenue Code of 1954” in clause (2) of the second sentence and inserting in lieu thereof “the Internal Revenue Code of 1986”. (18) The text of section 774 is amended to read as follows: “(a) There is an Advisory Council on Servicemen’s Group Life Insurance. The council consists of— “(1) the Secretary of the Treasury, who is the chairman of the council; “(2) the Secretary of Defense; “(3) the Secretary of Commerce; “(4) the Secretary of Health and Human Services; “(5) the Secretary of Transportation; and “(6) the Director of the Office of Management and Budget. Members of the council shall serve without additional compensation. “(b) The council shall meet at least once a year, or more often at the call of the Secretary of Veterans Affairs. The council shall review the operations of the Department under this subchapter and shall advise the Secretary on matters of policy relating to the Secretary’s activities under this subchapter.”. (19) Section 783 is amended by striking out “section 14 of title 25,” and inserting in lieu thereof “the Act of February 25, 1933 (25 U.S.C. 14),”. (20) Section 901(d) is amended— (A) by striking out “deems” and inserting in lieu thereof “considers”; (B) by striking out the comma after “this section”; and (C) by striking out “, United States Code”. (21) Section 1004(c)(2)(B) is amended by striking out “the date of the enactment of the Veterans’ Benefits Improvement and Health-Care Authorization Act of 1986” and inserting in lieu thereof “October 28, 1986”. (22) Section 1010(b) is amended by striking out “the military departments” and inserting in lieu thereof “each military department”. (c) Chapters 30 Through 43 of Title 38.— Part III of such title is amended as follows: (1) Section 1415(c) is amended by striking out “the date of the enactment of the National Defense Authorization Act for Fiscal Years 1990 and 1991,” and inserting in lieu thereof “November 29, 1989,”. (2) The item relating to section 1423 in the table of sections at the beginning of chapter 30 is amended by striking out “chapter” and inserting in lieu thereof “subchapter”. (3) Section 1504(b) is amended by striking out “(29 U.S.C. 796)” and inserting in lieu thereof “(29 U.S.C. 796a)”. (4) Section 1517(a) is amended— (A) by inserting “(29 U.S.C. 701 et seq.)” in paragraph (1) after “the Rehabilitation Act of 1973”; and (B) by striking out the second period at the end of paragraph (2)(C). (5) Section 1521(a)(3) is amended by inserting “and Training” after “Veterans’ Employment”. (6) Section 1602(1)(A) is amended by inserting a comma after “January 1, 1977” the last place it appears. (7) Section 1792(a) is amended by inserting “and Training” after “Veterans’ Employment”. (8) Section 1812 is amended— (A) in subsection (c)(5), by striking out “under this section” and inserting in lieu thereof “for purposes specified in this section”; and (B) in subsection (1), by striking out “, beginning 12 months following October 23, 1970,”. (9) Section 2011(2)(B) is amended by inserting a comma before “except for”. (10) Section 2013 is amended by striking out “the Comprehensive Employment and Training Act” and inserting in lieu thereof “the Job Training Partnership Act (29 U.S.C. 1501 et seq.)”. (d) Chapters 51 Through 61 of Title 38.— Part IV of such title (as in effect immediately before the enactment of the Department of Veterans Affairs Health-Care Personnel Act of 1991) is amended as follows: (1) Section 3004 is amended— (A) by striking out “(1)” after “(a)”; (B) by striking out “(2)” and inserting in lieu thereof “(b)”; (C) by striking out “paragraph (1) of this subsection” and inserting in lieu thereof “subsection (a)”; and (D) by striking out “(A)” and “(B)” and inserting in lieu thereof “(1)” and “(2)”, respectively. (2) Section 3101(d) is amended by striking out “the Internal 38 USC 5301. Revenue Code of 1954” and inserting in lieu thereof “the Internal Revenue Code of 1986”. (3) Section 3116 is amended— (A) by striking out “Within ninety days after the date of the enactment of this section, the” in subsection (a)(1) and inserting in lieu thereof “The”; (B) by striking out subsection (b); and (C) by redesignating subsection (c) as subsection (b). (4) Section 3305 is amended— (A) in subsection (c), by striking out “the date of the enactment of this section,” in paragraphs (1) and (2) and inserting in lieu thereof “October 7, 1980,”; and (B) in subsection (d)— (i) in the first sentence of paragraph (1), by striking out “Not later than 180 days after the date of the enactment of this section, the” and inserting in lieu thereof “The”; (ii) in the second sentence of paragraph (1), by striking out “such enactment date” and inserting in lieu thereof “October 7, 1980,”; (iii) in the third sentence of paragraph (1)— (I) by striking out “existing”; and (II) by inserting “in existence on October 7, 1980” after “such programs”; and (iv) in paragraph (2), by striking out “After the date on which such regulations are first prescribed, no activity shall be considered” and inserting in lieu thereof “An activity may not be considered”. (5) (A) Section 3311 is amended to read as follows: 38 USC 5711. “§ 3311. Authority to issue subpoenas “(a) For the purposes of the laws administered by the Secretary, the Secretary, and those employees to whom the Secretary may delegate such authority, to the extent of the authority so delegated, shall have the power to— “(1) issue subpoenas for and compel the attendance of witnesses within a radius of 100 miles from the place of hearing; “(2) require the production of books, papers, documents, and other evidence; “(3) take affidavits and administer oaths and affirmations; “(4) aid claimants in the preparation and presentation of claims; and “(5) make investigations and examine witnesses upon any matter within the jurisdiction of the Department. “(b) Any person required by such subpoena to attend as a witness shall be allowed and paid the same fees and mileage as are paid witnesses in the district courts of the United States.”. (B) The item relating to such section in the table of sections at the beginning of chapter 57 is amended to read as follows: “ 3311. Authority to issue subpoenas.”. (6) (A) Section 3313 is amended by striking out “subpena” both 38 USC 5713. places it appears in the text and inserting in lieu “subpoena”. (B) The heading of such section is amended to read as follows:

28. 1991

    Pub. L. 102–54 § 15(a)(5) · 105 Stat. 267

    Struck · 38 U.S.C. § 3733(e)

    Pub. L. 102–54, § 15(a)(5), struck out subsec. (e) as added by Pub. L. 101–239, § 5003(a), which was identical to subsec. (e) added by Pub. L. 101–237, § 305(a)(3). See 1989 Amendment note below

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–54, § 15(a)(5), struck out subsec. (e) as added by Pub. L. 101–239, § 5003(a), which was identical to subsec. (e) added by Pub. L. 101–237, § 305(a)(3). See 1989 Amendment note below.

    Enacted provision · exact public law section
    (5) Section 1833 is amended by striking out the subsection (e) that was added by section 5003(a) of Public Law 101–239.

29. 1991

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

    Changed · 38 U.S.C. § 3733

    Pub. L. 102–83, § 5(a), renumbered section 1833 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 102–83, § 5(a), renumbered section 1833 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.

30. 1991

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

    Substituted · 38 U.S.C. § 3733(a)(1)

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

    Source evidence

    Code amendment note
    Subsec. (a)(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.

31. 1991

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

    Substituted · 38 U.S.C. § 3733(a)(6)

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

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 102–83, § 5(c)(1), substituted “3724(a)” for “1824(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.

32. 1991

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

    Substituted · 38 U.S.C. § 3733(b)

    Pub. L. 102–83, § 5(c)(1), substituted “3710(g)(2)(A)” for “1810(g)(2)(A)”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “3710(g)(2)(A)” for “1810(g)(2)(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.

33. 1991

    Pub. L. 102–83 § 2(c)(3) · 105 Stat. 378

    Substituted · 38 U.S.C. § 3733(c)(2)

    Pub. L. 102–83, § 2(c)(3), substituted “section 529” for “section 214”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 102–83, § 2(c)(3), substituted “section 529” for “section 214”.

    Enacted provision · exact public law section
    SEC. 2. CODIFICATION, REORGANIZATION, AND REVISION OF LAWS RELATING TO ESTABLISHMENT, ORGANIZATION, AND AUTHORITY OF THE DEPARTMENT OF VETERANS AFFAIRS. (a) In General.— Part I is amended by striking out chapter 3 and inserting in lieu thereof the following: “CHAPTER 3— DEPARTMENT OF VETERANS AFFAIRS “Sec. “301. Department. “302. Seal. “303. Secretary of Veterans Affairs. “304. Deputy Secretary of Veterans Affairs. “305. Chief Medical Director. “306. Chief Benefits Director. “307. Director of the National Cemetery System. “308. Assistant Secretaries; Deputy Assistant Secretaries. “309. Chief Financial Officer. “310. Chief Information Resources Officer. “311. General Counsel. “312. Inspector General. “313. Availability of appropriations. “314. Central Office. “315. Regional offices. “316. Colocation of regional offices and medical centers. “§ 301. Department “(a) The Department of Veterans Affairs is an executive department of the United States. “(b) The purpose of the Department is to administer the laws providing benefits and other services to veterans and the dependents and the beneficiaries of veterans. “(c) The Department is composed of the following: “(1) The Office of the Secretary. “(2) The Veterans Health Administration. “(3) The Veterans Benefits Administration. “(4) The National Cemetery System. “(5) The Board of Veterans’ Appeals, “(6) The Veterans’ Canteen Service. “(7) The Board of Contract Appeals. “(8) Such other offices and agencies as are established or designated by law or by the President or the Secretary. “(9) Any office, agency, or activity under the control or supervision of any element named in paragraphs (1) through (8). “§302. Seal “(a) The Secretary of Veterans Affairs shall cause a seal of office to be made for the Department of such device as the President shall approve. Judicial notice shall be taken of the seal. “(b) Copies of any public document, record, or paper belonging to or in the files of the Department, when authenticated by the seal and certified by the Secretary (or by an officer or employee of the Department to whom authority has been delegated in writing by the Secretary), shall be evidence equal with the original thereof. “§ 303. Secretary of Veterans Affairs “There is a Secretary of Veterans Affairs, who is the head of the Department and is appointed by the President, by and with the advice and consent of the Senate. The Secretary is responsible for the proper execution and administration of all laws administered by the Department and for the control, direction, and management of the Department. “§ 304. Deputy Secretary of Veterans Affairs “There is in the Department a Deputy Secretary of Veterans Affairs, who is appointed by the President, by and with the advice and consent of the Senate. The Deputy Secretary shall perform such functions as the Secretary shall prescribe. Unless the President designates another officer of the Government, the Deputy Secretary shall be Acting Secretary of Veterans Affairs during the absence or disability of the Secretary or in the event of a vacancy in the office of Secretary. “§ 305. Chief Medical Director “(a) (1) There is in the Department a Chief Medical Director, who is appointed by the President, by and with the advice and consent of the Senate. “(2) The Chief Medical Director shall be a doctor of medicine and shall be appointed without regard to political affiliation or activity and solely— “(A) on the basis of demonstrated ability in the medical profession, in health-care administration and policy formulation, and in health-care fiscal management; and “(B) on the basis of substantial experience in connection with the programs of the Veterans Health Administration or programs of similar content and scope. “(b) The Chief Medical Director is the head of, and is directly responsible to the Secretary for the operation of, the Veterans Health Administration. “(c) The Chief Medical Director shall be appointed for a period of four years, with reappointment permissible for successive like peri-ods. If the President removes the Chief Medical Director before the completion of the term for which the Chief Medical Director was appointed, the President shall communicate the reasons for the removal to Congress. “(d) (1) Whenever a vacancy in the position of Chief Medical Director occurs or is anticipated, the Secretary shall establish a commission to recommend individuals to the President for appointment to the position. “(2) A commission established under this subsection shall be composed of the following members appointed by the Secretary: “(A) Three persons representing clinical care and medical research and education activities affected by the Veterans Health Administration. “(B) Two persons representing veterans served by the Veterans Health Administration. “(C) Two persons who have experience in the management of veterans health services and research programs, or programs of similar content and scope. “(D) The Deputy Secretary of Veterans Affairs. “(E) The Chairman of the Special Medical Advisory Group established under section 7312 of this title. “(F) One person who has held the position of Chief Medical Director (including service as Chief Medical Director of the Veterans’ Administration), if the Secretary determines that it is desirable for such person to be a member of the Commission. “(3) A commission established under this subsection shall recommend at least three individuals for appointment to the position of Chief Medical Director. The commission shall submit all recommendations to the Secretary. The Secretary shall forward the recommendations to the President with any comments the Secretary considers appropriate. Thereafter, the President may request the commission to recommend additional individuals for appointment. “(4) The Assistant Secretary or Deputy Assistant Secretary of Veterans Affairs who performs personnel management and labor relations functions shall serve as the executive secretary of a commission established under this subsection. “§ 306. Chief Benefits Director “(a) There is in the Department a Chief Benefits Director, who is appointed by the President, by and with the advice and consent of the Senate. The Chief Benefits Director shall be appointed without regard to political affiliation or activity and solely on the basis of demonstrated ability in— “(1) fiscal management; and “(2) the administration of programs within the Veterans Benefits Administration or programs of similar content and scope. “(b) The Chief Benefits Director is the head of, and is directly responsible to the Secretary for the operations of, the Veterans Benefits Administration. “(c) The Chief Benefits Director shall be appointed for a period of four years, with reappointment permissible for successive like periods. If the President removes the Chief Benefits Director before the completion of the term for which the Chief Benefits Director was appointed, the President shall communicate the reasons for the removal to Congress. “(d) (1) Whenever a vacancy in the position of Chief Benefits Director occurs or is anticipated, the Secretary shall establish a commission to recommend individuals to the President for appointment to the position. “(2) A commission established under this subsection shall be composed of the following members appointed by the Secretary: “(A) Three persons representing education and training, real estate, mortgage finance, and related industries, and survivor benefits activities affected by the Veterans Benefits Administration. “(B) Two persons representing veterans served by the Veterans Benefits Administration. “(C) Two persons who have experience in the management of veterans benefits programs or programs of similar content and scope. “(D) The Deputy Secretary of Veterans Affairs. “(E) The chairman of the Veterans’ Advisory Committee on Education formed under section 3692 of this title. “(F) One person who has held the position of Chief Benefits Director (including service as Chief Benefits Director of the Veterans’ Administration), if the Secretary determines that it is desirable for such person to be a member of the Commission. “(3) A commission established under this subsection shall recommend at least three individuals for appointment to the position of Chief Benefits Director. The commission shall submit all recommendations to the Secretary. The Secretary shall forward the recommendations to the President with any comments the Secretary considers appropriate. Thereafter, the President may request the commission to recommend additional individuals for appointment. “(4) The Assistant Secretary or Deputy Assistant Secretary of Veterans Affairs who performs personnel management and labor relations functions shall serve as the executive secretary of a commission established under this subsection. “§ 307. Director of the National Cemetery System “There is in the Department a Director of the National Cemetery System, who is appointed by the President, by and with the advice and consent of the Senate. The Director is the head of the National Cemetery System as established in section 2400 of this title and shall perform such functions as may be assigned by the Secretary. “§ 308. Assistant Secretaries; Deputy Assistant Secretaries “(a) There shall be in the Department not more than six Assistant Secretaries. Each Assistant Secretary shall be appointed by the President, by and with the advice and consent of the Senate. “(b) The Secretary shall assign to the Assistant Secretaries responsibility for the administration of such functions and duties as the Secretary considers appropriate, including the following functions: “(1) Budgetary and financial functions. “(2) Personnel management and labor relations functions. “(3) Planning, studies, and evaluations. “(4) Management, productivity, and logistic support functions. “(5) Information management functions as required by section 3506 of title 44. “(6) Capital facilities and real property program functions. “(7) Equal opportunity functions. “(8) Functions regarding the investigation of complaints of employment discrimination within the Department. “(9) Functions regarding intergovernmental, public, and consumer information and affairs. “(10) Procurement functions. “(c) Whenever the President nominates an individual for appointment President. as an Assistant Secretary, the President shall include in the communication to the Senate of the nomination a statement of the particular functions of the Department specified in subsection (b), and any other functions of the Department, the individual will exercise upon taking office. “(d) (1) There shall be in the Department such number of Deputy Assistant Secretaries, not exceeding 18, as the Secretary may determine. Each Deputy Assistant Secretary shall be appointed by the Secretary and shall perform such functions as the Secretary prescribes. “(2) At least two-thirds of the number of positions established and filled under paragraph (1) shall be filled by individuals who have at least five years of continuous service in the Federal civil service in the executive branch immediately preceding their appointment as a Deputy Assistant Secretary. For purposes of determining such continuous service of an individual, there shall be excluded any service by such individual in a position— “(A) of a confidential, policy-determining, policy-making, or policy-advocating character; “(B) in which such individual served as a noncareer appointee in the Senior Executive Service, as such term is defined in section 3132(a)(7) of title 5; or “(C) to which such individual was appointed by the President. “§ 309. Chief Financial Officer “The Secretary shall designate the Assistant Secretary whose functions include budgetary and financial functions as the Chief Financial Officer of the Department. The Chief Financial Officer shall advise the Secretary on financial management of the Department and shall exercise the authority and carry out the functions specified in section 902 of title 31. “§ 310. Chief Information Resources Officer “(a) The Secretary shall designate the Assistant Secretary whose functions include information management functions (as required by section 3506 of title 44) as the Chief Information Resources Officer of the Department. “(b) The Chief Information Resources Officer shall advise the Secretary on information and management activities of the Department as required by section 3506 of title 44. “(c) The Chief Information Resources Officer shall develop and maintain an information resources management system for the Department that provides for— “(1) the conduct of, and accountability for, any acquisitions made pursuant to a delegation of authority under section 111 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 759); “(2) the implementation of all applicable Government wide and Department information policies, principles, standards, and guidelines with respect to information collection, paperwork reduction, privacy and security of records, sharing and dissemination of information, acquisition and use of information technology, and other information resources management functions; “(3) the periodic evaluation of and (as needed) the planning and implementation of improvements in the accuracy, completeness, and reliability of data and records contained within Department information systems; and “(4) the development and annual revision of a five-year plan for meeting the Department’s information technology needs. “(d) The Chief Information Resources Officer shall report directly to the Secretary in carrying out the duties of the Chief Information Resources Officer under this section and under chapter 35 of title 44, “§ 311. General Counsel “There is in the Department the Office of the General Counsel. There is at the head of the office a General Counsel, who is appointed by the President, by and with the advice and consent of the Senate. The General Counsel is the chief legal officer of the Department and provides legal assistance to the Secretary concerning the programs and policies of the Department. “§ 312. Inspector General “(a) There is in the Department an Inspector General, who is appointed by the President, by and with the advice and consent of the Senate, as provided in the Inspector General Act of 1978 (5 U.S.C. App. 3). The Inspector General performs the functions, has the responsibilities, and exercises the powers specified in that Act. “(b) (1) The Secretary shall provide for not less than 40 full-time positions in the Office of Inspector General in addition to the number of such positions in that office on March 15, 1989. “(2) The President shall include in the budget transmitted to the Congress for each fiscal year pursuant to section 1105 of title 31 an estimate of the amount for the Office of Inspector General that is sufficient to provide for a number of full-time positions in that office that is not less than the number of full-time positions in that office on March 15, 1989, plus 40. “(3) The Secretary shall provide the number of additional fulltime positions in the Office of Inspector General required by paragraph (1) not later than September 30, 1991. “§ 313. Availability of appropriations “(a) Funds appropriated to the Department may remain available until expended. “(b) Funds appropriated to the Department may not be used for a settlement of more than $1,000,000 on a construction contract unless— “(1) the settlement is audited by an entity outside the Department for reasonableness and appropriateness of expenditures; and “(2) the settlement is provided for specifically in an appropriation law. “§ 314. Central Office “The Central Office of the Department shall be in the District of Columbia. “§ 315. Regional offices “(a) The Secretary may establish such regional offices and such other field offices within the United States, its Territories, Commonwealths, and possessions, as the Secretary considers necessary, “(b) The Secretary may maintain a regional office in the Republic of the Philippines until September 30, 1991. “§ 316. Colocation of regional offices and medical centers “(a) To provide for a more economical, efficient, and effective operation of such regional offices, the Secretary shall provide for the colocation of at least three regional offices with medical centers of the Department— “(1) on real property under the jurisdiction of the Department of Veterans Affairs at such medical centers; or “(2) on real property that is adjacent to such a medical center and is under the jurisdiction of the Department as a result of being conveyed to the United States for the purpose of such colocation. “(b) (1) In carrying out this section and notwithstanding any other provision of law, the Secretary may lease, with or without compensation and for a period of not to exceed 35 years, to another party at not more than seven locations any of the real property described in paragraph (1) or (2) of subsection (a). “(2) Such real property shall be used as the site of a facility— “(A) constructed and owned by the lessee of such real property; and “(B) leased under subsection (c)(1) to the Department for such use and such other activities as the Secretary determines are appropriate. “(c) (1) The Secretary may enter into a lease for the use of any facility described in subsection (b)(2) for not more than 35 years under such terms and conditions as may be in the best interests of the Department. “(2) Each agreement for such a lease shall provide— “(A) that the obligation of the United States to make payments under the agreement is subject to the availability of appropriations for that purpose; and “(B) that the ownership of the facility shall vest in the United States at the end of such lease. “(d) (1) The Secretary may sublease any space in such a facility to another party at a rate not less than— “(A) the rental rate paid by the Secretary for such space under subsection (c); plus “(B) the amount the Secretary pays for the costs of administering such facility (including operation, maintenance, utility, and rehabilitation costs) which are attributable to such space. “(2) In any such sublease, the Secretary shall include such terms relating to default and nonperformance as the Secretary considers appropriate to protect the interests of the United States. “(e) The Secretary shall use the receipts of any payment for the lease of real property under subsection (b) for the payment of the lease of a facility under subsection (c). “(f) (1) Subject to paragraph (3)(A), the Secretary shall, not later than April 18, 1990, issue an invitation for offers with respect to three colocations to be carried out under this section. The invitation shall include, with respect to each such colocation, at least the following: “(A) Identification of the site to be developed. “(B) Minimum office space requirements for regional office activities. “(C) Design criteria of the facility to be constructed. “(D) A plan for meeting the security and parking needs for the facility and its occupants and visitors. “(E) A statement of current and projected rents and other costs for regional office activities. “(F) The estimated cost of construction of the facility concerned, the estimated annual cost of leasing space for regional office activities in the facility, and the estimated total annual cost of leasing all space in such facility. “(G) A plan for securing appropriate licenses, easements, and rights-of-way. “(H) A list of terms and conditions the Secretary has approved for inclusion in the lease agreement for the facility concerned. “(2) Subject to paragraph (3)(B), the Secretary shall— “(A) not later than one year after the date on which the invitation is issued under paragraph (1), enter into an agreement to carry out one colocation under this subsection; and “(B) within 180 days after entering into the agreement referred to in subparagraph (A), enter into agreements to carry out two additional colocations, unless the Secretary determines that it is not economically feasible for the Department to undertake them, taking into consideration all of the tangible and intangible benefits associated with such colocations. “(3) The Secretary shall— “(A) at least 10 days before the issuance or other publication of the invitation referred to in paragraph (1), submit a copy of the invitation to the Committees on Veterans’ Affairs of the Senate and House of Representatives; and “(B) at least 30 days before entering into an agreement under paragraph (2), submit a copy to the Committees on Veterans’ Affairs of the Senate and House of Representatives of the proposals selected by the Secretary from those received in response to the invitation issued under paragraph (1). “(g) The authority to enter into an agreement under this section shall expire on September 30, 1992. “CHAPTER 5— AUTHORITY AND DUTIES OF THE SECRETARY “SUBCHAPTER I—GENERAL AUTHORITIES “Sec. “501. Rules and regulations. “502. Judicial review of rules and regulations. “503. Administrative error; equitable relief. “505. Opinions of Attorney General. “510. Authority to reorganize offices. “511. Decisions of the Secretary; finality. “512. Delegation of authority; assignment of functions and duties. “513. Contracts and personal services. “515. Administrative settlement of tort claims. “SUBCHAPTER II—SPECIFIED FUNCTIONS “521. Assistance to certain rehabilitation activities. “522. Studies of rehabilitation of disabled persons. “523. Coordination and promotion of other programs affecting veterans and their dependents. “525. Publication of laws relating to veterans. “527. Evaluation and data collection. “529. Annual report to Congress. “SUBCHAPTER III—ADVISORY COMMITTEES “541. Advisory Committee on Former Prisoners of War. “542. Advisory Committee on Women Veterans. “SUBCHAPTER I— GENERAL AUTHORITIES “§ 501. Rules and regulations “(a) The Secretary has authority to prescribe all rules and regulations which are necessary or appropriate to carry out the laws administered by the Department and are consistent with those laws, including— “(1) regulations with respect to the nature and extent of proof and evidence and the method of taking and furnishing them in order to establish the right to benefits under such laws; “(2) the forms of application by claimants under such laws; “(3) the methods of making investigations and medical examinations; and “(4) the manner and form of adjudications and awards. “(b) Any rule, regulation, guideline, or other published interpretation or order (and any amendment thereto) issued pursuant to the authority granted by this section or any other provision of this title shall contain citations to the particular section or sections of statutory law or other legal authority upon which such issuance is based. The citation to the authority shall appear immediately following each substantive provision of the issuance. “(c) In applying section 552(a)(1) of title 5 to the Department, the Secretary shall ensure that subparagraphs (C), (D), and (E) of that section are complied with, particularly with respect to opinions and interpretations of the General Counsel. “(d) The provisions of section 553 of title 5 shall apply, without regard to subsection (a)(2) of that section, to matters relating to loans, grants, or benefits under a law administered by the Secretary. “§ 502. Judicial review of rules and regulations “An action of the Secretary to which section 552(a)(1) or 553 of title 5 (or both) refers (other than an action relating to the adoption or revision of the schedule of ratings for disabilities adopted under section 1155 of this title) is subject to judicial review. Such review shall be in accordance with chapter 7 of title 5 and may be sought only in the United States Court of Appeals for the Federal Circuit. However, if such review is sought in connection with an appeal brought under the provisions of chapter 72 of this title, the provisions of that chapter shall apply rather than the provisions of chapter 7 of title 5. “§ 503. Administrative error; equitable relief “(a) If the Secretary determines that benefits administered by the Department have not been provided by reason of administrative error on the part of the Federal Government or any of its employees, the Secretary may provide such relief on account of such error as the Secretary determines equitable, including the payment of moneys to any person whom the Secretary determines is equitably entitled to such moneys. “(b) If the Secretary determines that a veteran, surviving spouse, child of a veteran, or other person has suffered loss as a consequence of reliance upon a determination by the Department of eligibility or entitlement to benefits, without knowledge that it was erroneously made, the Secretary may provide such relief on account of such error as the Secretary determines is equitable, including the payment of moneys to any person whom the Secretary determines is equitably entitled to such moneys. “(c) Not later than April 1 of each year, the Secretary shall submit Reports. to Congress a report containing a statement as to the disposition of each case recommended to the Secretary for equitable relief under this section during the preceding calendar year. “§ 505. Opinions of Attorney General “The Secretary may require the opinion of the Attorney General on any question of law arising in the administration of the Department. “§ 510. Authority to reorganize offices “(a) Except to the extent inconsistent with law, the Secretary may— “(1) consolidate, eliminate, abolish, or redistribute the functions of the Administrations, offices, facilities, or activities in the Department; “(2) create new Administrations, offices, facilities, or activities in the Department; and “(3) fix the functions of any such Administration, office, facility, or activity and the duties and powers of their respective executive heads. “(b) The Secretary may not in any fiscal year implement an administrative reorganization described in subsection (c) unless the Secretary first submits to the appropriate committees of the Congress a report containing a detailed plan and justification for the administrative reorganization. No action to carry out such reorganization may be taken after the submission of such report until the end of a 90-day period of continuous session of Congress following the date of the submission of the report. For purposes of the preceding sentence, continuity of a session of Congress is broken only by adjournment sine die, and there shall be excluded from the computation of such 90-day period any day during which either House of Congress is not in session during an adjournment of more than three days to a day certain. “(c) An administrative reorganization described in this subsection is an administrative reorganization of a covered field office or facility that involves a reduction during any fiscal year in the number of full-time equivalent employees with permanent duty stations at such office or facility— “(1) by 15 percent or more; or “(2) by a percent which, when added to the percent reduction made in the number of such employees with permanent duty stations at such office or facility during the preceding fiscal a year, is 25 percent or more. “(d) (1) Not less than 30 days before the date on which the implementation of any administrative reorganization described in paragraph (2) of a unit in the Central Office is to begin, the Secretary shall transmit to the Committees on Veterans’ Affairs of the Senate and the House of Representatives a notification regarding the reorganization. “(2) Paragraph (1) applies to an administrative reorganization of any unit of the Central Office that is the duty station for 30 or more employees if the reorganization involves a reduction in any fiscal year in the number of full-time equivalent employees with permanent duty station in such unit by 50 percent or more. “(e) For purposes of this section, the term ‘administrative reorganization’ does not include a consolidation or redistribution of functions at a covered field office or facility, or between components of the Veterans Benefits Administration and the Veterans Health Administration at a Department medical and regional office center, if after the consolidation or redistribution the same number of fulltime equivalent employees continues to perform the affected functions at that field office, facility, or center. “(f) For purposes of this section: “(1) The term ‘covered field office or facility’ means a Department office or facility outside the Central Office that is the permanent duty station for 25 or more employees or that is a free-standing outpatient clinic. “(2) The term ‘detailed plan and justification’ means, with respect to an administrative reorganization, a written report that, at a minimum, includes the following: “(A) Specification of the number of employees by which each covered office or facility affected is to be reduced, the responsibilities of those employees, and the means by which the reduction is to be accomplished. “(B) Identification of any existing or planned office or facility at which the number of employees is to be increased and specification of the number and responsibilities of the additional employees at each such office or facility. “(C) A description of the changes in the functions carried out at any existing office or facility and the functions to be assigned to an office or facility not in existence on the date that the plan and justification are submitted pursuant to subsection (b). “(D) An explanation of the reasons for the determination that the reorganization is appropriate and advisable in terms of the statutory missions and long-term goals of the Department. “(E) A description of the effects that the reorganization may have on the provision of benefits and services to veterans and dependents of veterans (including the provision of benefits and services through offices and facilities of the Department not directly affected by the reorganization). “(F) Estimates of the costs of the reorganization and of the cost impact of the reorganization, together with analyses supporting those estimates. “§ 511. Decisions of the Secretary; finality “(a) The Secretary shall decide all questions of law and fact necessary to a decision by the Secretary under a law that affects the provision of benefits by the Secretary to veterans or the dependents or survivors of veterans. Subject to subsection (b), the decision of the Secretary as to any such question shall be final and conclusive and may not be reviewed by any other official or by any court, whether by an action in the nature of mandamus or otherwise. “(b) The second sentence of subsection (a) does not apply to— “(1) matters subject to section 502 of this title; “(2) matters covered by sections 1975 and 1984 of this title; “(3) matters arising under chapter 37 of this title; and “(4) matters covered by chapter 72 of this title. “§ 512. Delegation of authority; assignment of functions and duties “(a) Except as otherwise provided by law, the Secretary may assign functions and duties, and delegate, or authorize successive redelegation of, authority to act and to render decisions, with respect to all laws administered by the Department, to such officers and employees as the Secretary may find necessary. Within the limitations of such delegations, redelegations, or assignments, all official acts and decisions of such officers and employees shall have the same force and effect as though performed or rendered by the Secretary. “(b) There shall be included on the technical and administrative staff of the Secretary such staff officers, experts, inspectors, and assistants (including legal assistants) as the Secretary may prescribe. “§ 513. Contracts and personal services “The Secretary may, for purposes of all laws administered by the Department, accept uncompensated services, and enter into contracts or agreements with private or public agencies or persons (including contracts for services of translators without regard to any other law), for such necessary services (including personal services) as the Secretary may consider practicable. The Secretary may also enter into contracts or agreements with private concerns or public , agencies for the hiring of passenger motor vehicles or aircraft for official travel whenever, in the Secretary’s judgment, such arrangements are in the interest of efficiency or economy. “§ 515. Administrative settlement of tort claims “(a) (1) Notwithstanding the limitations contained in section 2672 of title 28, the Secretary may settle a claim for money damages against the United States cognizable under section 1346(b) or 2672 of title 28 or section 7316 of this title to the extent the authority to do so is delegated to the Secretary by the Attorney General. Such delegation may not exceed the authority delegated by the Attorney General to United States attorneys to settle claims for money damages against the United States. “(2) For purposes of this subsection, the term ‘settle’, with respect to a claim, means consider, ascertain, adjust, determine, and dispose of the claim, whether by full or partial allowance or by disallowance. “(b) The Secretary may pay tort claims, in the manner authorized in the first paragraph of section 2672 of title 28, when such claims arise in foreign countries in connection with Department operations abroad. A claim may not be allowed under this subsection unless it is presented in writing to the Secretary within two years after the claim accrues. “SUBCHAPTER II— SPECIFIED FUNCTIONS. “§ 521. Assistance to certain rehabilitation activities “(a) The Secretary may assist any organization named in or approved under section 5902 of this title in providing recreational activities which would further the rehabilitation of disabled veterans. Such assistance may be provided only if— “(1) the activities are available to disabled veterans on a national basis; and “(2) a significant percentage of the individuals participating in the activities are eligible for rehabilitative services under chapter 17 of this title. “(b) The Secretary may accept from any appropriate source contributions of funds and of other assistance to support the Secretary’s provision of assistance for such activities. “(c) (1) Subject to paragraph (2), the Secretary may authorize the use, for purposes approved by the Secretary in connection with the activity involved, of the seal and other official symbols of the Department and the name ‘Department of Veterans Affairs’ by— “(A) any organization which provides an activity described in subsection (a) with assistance from the Secretary; and “(B) any individual or entity from which the Secretary accepts a significant contribution under subsection (b) or an offer of such a contribution. “(2) The use of such seal or name of any official symbol of the Department in an advertisement may be authorized by the Secretary under this subsection only if— “(A) the Secretary has approved the advertisement; and “(B) the advertisement contains a clear statement that no product, project, or commercial line of endeavor referred to in the advertisement is endorsed by the Department of Veterans Affairs. “§ 522. Studies of rehabilitation of disabled persons “(a) The Secretary may conduct studies and investigations, and prepare reports, relative to the rehabilitation of disabled persons, the relative abilities, aptitudes, and capacities of the several groups of the variously handicapped, and how their potentialities can best be developed and their services best used in gainful and suitable employment including the rehabilitation programs of foreign nations. “(b) In carrying out this section, the Secretary (1) may cooperate with such public and private agencies as the Secretary considers advisable; and (2) may employ consultants who shall receive a reasonable per diem, as prescribed by the Secretary, for each day actually employed, plus necessary travel and other expenses. “§ 523. Coordination and promotion of other programs affecting veterans and their dependents “(a) The Secretary shall seek to achieve (1) the maximum feasible effectiveness, coordination, and interrelationship of services among all programs and activities affecting veterans and their dependents carried out by and under all other departments, agencies, and instrumentalities of the executive branch, and (2) the maximum feasible coordination of such programs with programs carried out under this title. The Secretary shall actively promote the effective implementation, enforcement, and application of all provisions of law and regulations providing for special consideration, emphasis, or preference for veterans. “(b) The Secretary shall seek to achieve the effective coordination of the provision, under laws administered by the Department, of benefits and services (and information about such benefits and services) with appropriate programs (and information about such programs) conducted by State and local governmental agencies and by private entities at the State and local level. In carrying out this subsection, the Secretary shall place special emphasis on veterans who are 65 years of age or older. “§ 525. Publication of laws relating to veterans “(a) The Secretary may compile and publish all Federal laws relating to veterans’ relief, including laws administered by the Department as well as by other agencies of the Government. Such compilation and publication shall be in such form as the Secretary considers advisable for the purpose of making currently available in convenient form for the use of the Department and full-time representatives of the several service organizations an annotated, indexed, and cross-referenced statement of the laws providing veterans’ relief. “(b) The Secretary may maintain such compilation on a current basis either by the publication, from time to time, of supplementary documents or by complete revision of the compilation. “(c) The distribution of the compilation to the representatives of the several service organizations shall be as determined by the Secretary. “§ 527. Evaluation and data collection “(a) The Secretary, pursuant to general standards which the Secretary shall prescribe in regulations, shall measure and evaluate on a continuing basis the effect of all programs authorized under this title, in order to determine their effectiveness in achieving stated goals in general, and in achieving such goals in relation to their cost, their effect on related programs, and their structure and mechanisms for delivery of services. Such information as the Secretary may consider necessary for purposes of such evaluations shall be made available to the Secretary, upon request, by all departments, agencies, and instrumentalities of the executive branch. “(b) In carrying out this section, the Secretary shall collect, collate, and analyze on a continuing basis full statistical data regarding participation (including the duration thereof), provision of services, categories of beneficiaries, planning and construction of facilities, acquisition of real property, proposed excessing of land, accretion and attrition of personnel, and categorized expenditures attributable thereto, under all programs carried out under this title. “(c) The Secretary shall make available to the public, and on a Public information. regular basis provide to the appropriate committees of the Congress, copies of all completed evaluative research studies and summaries of evaluations of program impact and effectiveness carried out, and tabulations and analyses of all data collected, under this section. “§ 529. Annual report to Congress “The Secretary shall submit annually, at the close of each fiscal year, a report in writing to Congress. Each such report shall— “(1) give an account of all moneys received and disbursed by the Department for such fiscal year; “(2) describe the work done during such fiscal year; and “(3) state the activities of the Department for such fiscal year. “SUBCHAPTER III— ADVISORY COMMITTEES “§ 541. Advisory Committee on Former Prisoners of War “(a) (1) The Secretary shall establish an advisory committee to be Establishment. known as the Advisory Committee on Former Prisoners of War (hereinafter in this section referred to as the ‘Committee’). “(2) (A) The members of the Committee shall be appointed by the Secretary from the general public and shall include— “(i) appropriate representatives of veterans who are former prisoners of war; “(ii) individuals who are recognized authorities in fields pertinent to disabilities prevalent among former prisoners of war, including authorities in epidemiology, mental health, nutrition, geriatrics, and internal medicine; and “(iii) appropriate representatives of disabled veterans. “(B) The Committee shall also include, as ex officio members, the Chief Medical Director and the Chief Benefits Director, or their designees. “(3) The Secretary shall determine the number, terms of service, and pay and allowances of members of the Committee appointed by the Secretary, except that the term of service of any such member may not exceed three years. “(b) The Secretary shall, on a regular basis, consult with and seek the advice of the Committee with respect to the administration of benefits under this title for veterans who are former prisoners of war and the needs of such veterans with respect to compensation, health care, and rehabilitation. “(c) (1) Not later than July 1 of each odd-numbered year, the Reports. Committee shall submit to the Secretary a report on the programs and activities of the Department that pertain to veterans who are former prisoners of war. Each such report shall include— “(A) an assessment of the needs of such veterans with respect to compensation, health care, and rehabilitation; “(B) a review of the programs and activities of the Department designed to meet such needs; and “(C) such recommendations (including recommendations for administrative and legislative action) as the Committee considers to be appropriate. “(2) The Secretary shall, within 60 days after receiving each report under paragraph (1), submit to the Congress a copy of the report, together with any comments concerning the report that the Secretary considers appropriate. “(3) The Committee may also submit to the Secretary such other reports and recommendations as the Committee considers appropriate. “(4) The Secretary shall submit with each annual report submitted to the Congress pursuant to section 529 of this title a summary of all reports and recommendations of the Committee submitted to the Secretary since the previous annual report of the Secretary submitted to the Congress pursuant to that section. “§ 542. Advisory Committee on Women Veterans “(a) (1) The Secretary shall establish an advisory committee to be Establishment, known as the Advisory Committee on Women Veterans (hereinafter in this section referred to as ‘the Committee’). “(2) (A) The Committee shall consist of members appointed by the Secretary from the general public, including— “(i) representatives of women veterans; “(ii) individuals who are recognized authorities in fields pertinent to the needs of women veterans, including the gender-specific health-care needs of women; and “(iii) representatives of both female and male veterans with service-connected disabilities, including at least one female veteran with a service-connected disability and at least one male veteran with a service-connected disability. “(B) The Committee shall include, as ex officio members— “(i) the Secretary of Labor (or a representative of the Secretary of Labor designated by the Secretary after consultation with the Assistant Secretary of Labor for Veterans’ Employment); “(ii) the Secretary of Defense (or a representative of the Secretary of Defense designated by the Secretary of Defense after consultation with the Defense Advisory Committee on Women in the Services); and “(iii) the Chief Medical Director and the Chief Benefits Director, or their designees. “(C) The Secretary may invite representatives of other departments and agencies of the United States to participate in the meetings and other activities of the Committee. “(3) The Secretary shall determine the number, terms of service, and pay and allowances of members of the Committee appointed by the Secretary, except that a term of service of any such member may not exceed three years. The Secretary may reappoint any such member for additional terms of service. “(b) The Secretary shall, on a regular basis, consult with and seek the advice of the Committee with respect to the administration of benefits by the Department for women veterans, reports and studies pertaining to women veterans and the needs of women veterans with respect to compensation, health care, rehabilitation, outreach, and other benefits and programs administered by the Department. “(c) (1) Not later than July 1 of each even-numbered year, the Reports. Committee shall submit to the Secretary a report on the programs and activities of the Department that pertain to women veterans. Each such report shall include— “(A) an assessment of the needs of women veterans with respect to compensation, health care, rehabilitation, outreach, and other benefits and programs administered by the Department; “(B) a review of the programs and activities of the Department designed to meet such needs; and “(C) such recommendations (including recommendations for administrative and legislative action) as the Committee considers appropriate. “(2) The Secretary shall, within 60 days after receiving each report under paragraph (1), submit to the Congress a copy of the report, together with any comments concerning the report that the Secretary considers appropriate. “(3) The Committee may also submit to the Secretary such other reports and recommendations as the Committee considers appropriate. “(4) The Secretary shall submit with each annual report submitted to the Congress pursuant to section 529 of this title a summary of all reports and recommendations of the Committee submitted to the Secretary since the previous annual report of the Secretary submitted pursuant to such section. “CHAPTER 7— EMPLOYEES “Sec. “701. Placement of employees in military installations. “703. Miscellaneous authorities respecting employees. “705. Telephone service for medical officers and facility directors. “707. Benefits for employees at oveseas offices who are United States citizens. “709. Employment restrictions. “711. Grade reductions. “§ 701. Placement of employees in military installations “The Secretary may place employees of the Department in such Army, Navy, and Air Force installations as may be considered advisable for the purpose of adjudicating disability claims of, and giving aid and advice to, members of the Armed Forces who are about to be discharged or released from active military, naval, or air service. “§ 703. Miscellaneous authorities respecting employees “(a) The Secretary may furnish and launder such wearing apparel as may be prescribed for employees in the performance of their official duties. “(b) The Secretary may transport children of Department employees located at isolated stations to and from school in available Government-owned automotive equipment. “(c) The Secretary may provide recreational facilities, supplies, and equipment for the use of patients in hospitals and employees in isolated installations. “(d) The Secretary may provide for the preparation, shipment, installation, and display of exhibits, photographic displays, moving pictures, and other visual educational information and descriptive material. For the purposes of the preceding sentence, the Secretary may purchase or rent equipment. “(e) The Secretary may reimburse employees for the cost of repairing or replacing their personal property damaged or destroyed by patients or domiciliary members while such employees are engaged in the performance of their official duties. “(f) (1) The Secretary, upon determining that an emergency situation exists and that such action is necessary for the effective conduct of the affairs of the Department, may use Government-owned, or leased, vehicles to transport employees to and from their place of employment and the nearest adequate public transportation or, if such public transportation is either unavailable or not feasible to use, to and from their place of employment and their home. “(2) The Secretary shall establish reasonable rates to cover the cost of the service rendered under this subsection, and all proceeds collected therefrom shall be applied to the applicable appropriation. “§ 705. Telephone service for medical officers and facility directors “The Secretary may pay for official telephone service and rental in the field whenever incurred in case of official telephones for directors of centers, hospitals, independent clinics, domiciliaries, and medical officers of the Department where such telephones are installed in private residences or private apartments or quarters, when authorized under regulations prescribed by the Secretary. “§ 707. Benefits for employees at overseas offices who are United States citizens “(a) The Secretary may, under such rules and regulations as may be prescribed by the President or the President’s designee, provide to personnel of the Department who are United States citizens and are assigned by the Secretary to the Department offices in the Republic of the Philippines allowances and benefits similar to those provided by the following provisions of law: “(1) Section 905 of the Foreign Service Act of 1980 (relating to allowances to provide for the proper representation of the United States). “(2) Sections 901 (1), (2), (3), (4), (7), (8), (9), (11), and (12) of the Foreign Service Act of 1980 (relating to travel expenses). “(3) Section 901(13) of the Foreign Service Act of 1980 (relating to transportation of automobiles). “(4) Section 903 of the Foreign Service Act of 1980 (relating to the return of personnel to the United States on leave of absence). “(5) Section 904(d) of the Foreign Service Act of 1980 (relating to payments by the United States of expenses for treating illness or injury of officers or employees and dependents requiring hospitalization). “(6) Section 5724a(a)(3) of title 5 (relating to subsistence expenses for 60 days in connection with the return to the United States of the employee and such employee’s immediate family). “(7) Section 5724a(a)(4) of title 5 (relating to the sale and purchase of the residence or settlement of an unexpired lease of the employee when transferred from one station to another station and both stations are in the United States, its territories or possessions, or the Commonwealth of Puerto Rico). “(b) The authority in subsection (a) supplements, but is not in lieu of, other allowances and benefits for overseas employees of the Department provided by title 5 and the Foreign Service Act of 1980 (22 U.S.C. 3901 et seq.). “§ 709. Employment restrictions “(a) (1) Notwithstanding section 3134(d) of title 5, the number of Senior Executive Service positions in the Department which are filled by noncareer appointees in any fiscal year may not at any time exceed 5 percent of the average number of senior executives employed in Senior Executive Service positions in the Department during the preceding fiscal year. “(2) For purposes of this subsection, the average number of senior executives employed in Senior Executive Service positions in the Department during a fiscal year shall be equal to 25 percent of the sum of the total number of senior executives employed in Senior Executive Service positions in the Department on the last day of each quarter of such fiscal year. “(b) The number of positions in the Department which may be excepted from the competitive service, on a temporary or permanent basis, because of their confidential or policy-determining character may not at any time exceed the equivalent of 15 positions. “(c) (1) Political affiliation or activity may not be taken into account in connection with the appointment of any person to any position in or to perform any service for the Department or in the assignment or advancement of any employee in the Department. “(2) Paragraph (1) shall not apply— “(A) to the appointment of any person by the President under this title, other than the appointment of the Chief Medical Director, the Chief Benefits Director, and the Inspector General; or “(B) to the appointment of any person to (i) a Senior Executive Service position as a noncareer appointee, or (ii) a position that is excepted from the competitive service, on a temporary or permanent basis, because of the confidential or policy-determining character of the position. “§711. Grade reductions “(a) The Secretary may not implement a grade reduction described in subsection Reports (b) unless the Secretary first submits to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report containing a detailed plan for such reduction and a detailed justification for the plan. The report shall include a determination by the Secretary (together with data supporting such determination) that, in the personnel area concerned, the Department has a disproportionate number of employees at the salary grade or grades selected for reduction in comparison to the number of such employees at the salary levels involved who perform comparable functions in other departments and agencies of the Federal Government and in non-Federal entities. Any grade reduction described in such report may not take effect until the end of a period of 90 calendar days (not including any day on which either House of Congress is not in session) after the report is received by the committees. “(b) A grade reduction referred to in subsection (a) is a systematic reduction, for the purpose of reducing the average salary cost for Department employees described in subsection (c), in the number of such Department employees at a specific grade level. “(c) The employees referred to in subsection (b) are— “(1) health-care personnel who are determined by the Secretary to be providing either direct patient-care services or services incident to direct patient-care services; “(2) individuals who meet the definition of professional employee as set forth in section 7103(a)(15) of title 5; and “(3) individuals who are employed as computer specialists. “(d) Not later than the 45th day after the Secretary submits a Reports. report under subsection (a), the Comptroller General shall submit to such Committees a report on the Secretary’s compliance with such subsection. The Comptroller General shall include in the report the Comptroller General s opinion as to the accuracy of the Secretary’s determination (and of the data supporting such determination) made under such subsection. “(e) In the case of Department employees not described in subsection (c), the Secretary may not in any fiscal year implement a systematic reduction for the purpose of reducing the average salary cost for such Department employees that will result in a reduction in the number of such Department employees at any specific grade level at a rate greater than the rate of the reductions systematically being made in the numbers of employees at such grade level in all other agencies and departments of the Federal Government combined. “CHAPTER 9— SECURITY AND LAW ENFORCEMENT ON PROPERTY UNDER THE JURISDICTION OF THE DEPARTMENT “Sec. “901. Authority to prescribe rules for conduct and penalties for violations. “902. Enforcement and arrest authority of Department police officers. “903. Uniform allowance. “904. Equipment and weapons. “905. Use of facilities and services of other law enforcement agencies. “§ 901. Authority to prescribe rules for conduct and penalties for violations “(a) (1) The Secretary shall prescribe regulations to provide for the maintenance of law and order and the protection of persons and property on Department property. “(2) In this chapter, the term ‘Department property’ means land and buildings that are under the jurisdiction of the Department and are not under control of the Administrator of General Services. “(b) Regulations under subsection (a) shall include— “(1) rules for conduct on Department property; and “(2) the penalties, within the limits specified in subsection (c), for violations of such rules. “(c) Whoever violates any rule prescribed by regulation under subsection (b)(1) shall be fined in accordance with title 18 or imprisoned not more than six months, or both. The Secretary may prescribe by regulation a maximum fine less than that which would otherwise apply under the preceding sentence or a maximum term of imprisonment of a shorter period than that which would otherwise apply under the preceding sentence, or both. Any such regulation shall apply notwithstanding any provision of title 18 or any other law to the contrary. “(d) The rules prescribed under subsection (a), together with the penalties for violations of such rules, shall be posted conspicuously on property to which they apply. “(e) The Secretary shall consult with the Attorney General before prescribing regulations under this section. “§ 902. Enforcement and arrest authority of Department police officers “(a) (1) Employees of the Department who are Department police officers shall, with respect to acts occurring on Department property, enforce— “(A) Federal laws; “(B) the rules prescribed under section 901 of this title; and “(C) subject to paragraph (2), traffic and motor vehicle laws of a State or local government within the jurisdiction of which such Department property is located. “(2) A law described in subparagraph (C) of paragraph (1) may be enforced under such subparagraph only as authorized by an express grant of authority under applicable State or local law. Any such enforcement shall be by the issuance of a citation for violation of such law. “(3) Subject to regulations prescribed under subsection (b), a Department police officer may make arrests on Department property for a violation of a Federal law or any rule prescribed under section 901(a) of this title. “(b) The Secretary shall prescribe regulations with respect to Regulations. Department police officers. Such regulations shall include— “(1) policies with respect to the exercise by Department police officers of the enforcement and arrest authorities provided by this section; “(2) the scope and duration of training that is required for Department police officers, with particular emphasis on dealing with situations involving patients; and “(3) rules limiting the carrying and use of weapons by Department police officers. “(c) The Secretary shall consult with the Attorney General before prescribing regulations under paragraph (1) of subsection (b). “(d) Rates of basic pay for Department police officers may be increased by the Secretary under section 7455 of this title. “§ 903. Uniform allowance “(a) The Secretary may pay an allowance under this section for the purchase of uniforms to any Department police officer who is required to wear a prescribed uniform in the performance of official duties. “(b) The amount of the allowance that the Secretary may pay under this section— “(1) may be based on estimated average costs or actual costs; “(2) may vary by geographic regions; and “(3) except as provided in subsection (c), may not exceed $200 in a fiscal year for any police officer. “(c) The amount of an allowance under this section may be increased to an amount up to $400 for not more than one fiscal year in the case of any Department police officer. In the case of a person who is appointed as a Department police officer on or after January 1, 1990, an allowance in an amount established under this subsection shall be paid at the beginning of such person’s employment as such an officer. In the case of any other Department police officer, an allowance in an amount established under this subsection shall be paid upon the request of the officer. “(d) A police officer who resigns as a police officer less than one year after receiving an allowance in an amount established under this section shall repay to the Department a pro rata share of the amount paid, based on the number of months the officer was actually employed as such an officer during the twelve-month period following the date on which such officer began such employment or the date on which the officer submitted a request for such an allowance, as the case may be. “(e) An allowance may not be paid to a Department police officer under this section and under section 5901 of title 5 for the same fiscal year. “§ 904. Equipment and weapons “The Secretary shall furnish Department police officers with such weapons and related equipment as the Secretary determines to be necessary and appropriate. “§ 905. Use of facilities and services of other law enforcement agencies “With the permission of the head of the agency concerned, the Secretary may use the facilities and services of Federal, State, and local law enforcement agencies when it is economical and in the public interest to do so.”. (b) Veterans Benefits Administration.— Part V of title 38, United States Code, is amended by inserting after chapter 76 the following new chapter: “CHAPTER 77— VETERANS BENEFITS ADMINISTRATION “SUBCHAPTER I—ORGANIZATION; GENERAL “Sec. “7701. Organization of the Administration. “7703. Functions of the Administration. “SUBCHAPTER II—VETERANS OUTREACH SERVICES PROGRAM “7721. Purpose; definitions. “7722. Outreach services. “7723. Veterans assistance offices. “7724. Outstationing of counseling and outreach personnel. “7725. Use of other agencies. “7726. Annual report to Congress. “SUBCHAPTER I— ORGANIZATION; GENERAL “§ 7701. Organization of the Administration “(a) There is in the Department of Veterans Affairs a Veterans Benefits Administration. The primary function of the Veterans Benefits Administration is the administration of nonmedical benefits programs of the Department which provide assistance to veterans and their dependents and survivors. “(b) The Veterans Benefits Administration is under the Chief Benefits Director, who is directly responsible to the Secretary for the operations of the Administration. “§ 7703. Functions of the Administration “The Veterans Benefits Administration is responsible for the administration of the following programs of the Department: “(1) Compensation and pension programs. “(2) Vocational rehabilitation and educational assistance programs. “(3) Veterans’ housing loan programs. “(4) Veterans’ and service members’ life insurance programs. “(5) Outreach programs and other veterans’ services programs. “SUBCHAPTER II— VETERANS OUTREACH SERVICES PROGRAM “§ 7721. Purpose; definitions “(a) The Congress declares that the outreach services program authorized by this subchapter is for the purpose of ensuring that all veterans (especially those who have been recently discharged or released from active military, naval, or air service and those who are eligible for readjustment or other benefits and services under laws administered by the Department) are provided timely and appropriate assistance to aid and encourage them in applying for and obtaining such benefits and services in order that they may achieve a rapid social and economic readjustment to civilian life and obtain a higher standard of living for themselves and their dependents. The Congress further declares that the outreach services program authorized by this subchapter is for the purpose of charging the Department with the affirmative duty of seeking out eligible veterans and eligible dependents and providing them with such services. “(b) For the purposes of this subchapter— “(1) the term ‘other governmental programs’ includes all programs under State or local laws as well as all programs under Federal law other than those authorized by this title; and “(2) the term ‘eligible dependent’ means an ‘eligible person’ as defined in section 3501(a)(1) of this title. “§ 7722. Outreach services “(a) In carrying out the purposes of this subchapter, the Secretary shall provide the outreach services specified in subsections (b) through (d). In areas where a significant number of eligible veterans and eligible dependents speak a language other than English as their principal language, such services shall, to the maximum feasible extent, be provided in the principal language of such persons. “(b) The Secretary shall by letter advise each veteran at the time of the veteran’s discharge or release from active military, naval, or air service (or as soon as possible after such discharge or release) of all benefits and services under laws administered by the Department for which the veteran may be eligible. In carrying out this subsection, the Secretary shall ensure, through the use of veteran student services under section 3485 of this title, that contact, in person or by telephone, is made with those veterans who, on the basis of their military service records, do not have a high school education or equivalent at the time of discharge or release. “(c) The Secretary shall distribute full information to eligible veterans and eligible dependents regarding all benefits and services to which they may be entitled under laws administered by the Department and may, to the extent feasible, distribute information on other governmental programs (including manpower and training programs) which the Secretary determines would be beneficial to veterans. “(d) The Secretary shall provide, to the maximum extent possible, aid and assistance (including personal interviews) to members of the Armed Forces, veterans, and eligible dependents with respect to subsections (b) and (c) and in the preparation and presentation of claims under laws administered by the Department. “§ 7723. Veterans assistance offices “(a) The Secretary shall establish and maintain veterans assistance offices at such places throughout the United States and its territories and possessions, and in the Commonwealth of Puerto Rico, as the Secretary determines to be necessary to carry out the purposes of this subchapter. In establishing and maintaining such offices, the Secretary shall give due regard to— “(1) the geographical distribution of veterans recently discharged or released from active military, naval, or air service; “(2) the special needs of educationally disadvantaged veterans (including their need for accessibility of outreach services); and “(3) the necessity of providing appropriate outreach services in less populated areas. “(b) The Secretary shall establish and carry out all possible programs and services, including special telephone facilities, as may be necessary to make the outreach services provided for under this subchapter as widely available as possible. “§ 7724. Outstationing of counseling and outreach personnel “The Secretary may station employees of the Department at locations other than Department offices, including educational institutions, to provide counseling and other assistance regarding benefits under this title to veterans and other persons eligible for benefits under this title and to provide outreach services under this subchapter. “§ 7725. Use of other agencies “In carrying out this subchapter, the Secretary shall do the following: “(1) Arrange with the Secretary of Labor for the State employment service to match the particular qualifications of an eligible veteran or eligible dependent with an appropriate job or job training opportunity, including, where possible, arrangements for outstationing the State employment personnel who provide such assistance at appropriate facilities of the Department. “(2) In consultation with the Secretary of Labor, actively seek to promote the development and establishment of emplo3mient opportunities, training opportunities, and other opportunities for veterans, with particular emphasis on the needs of veterans with service-connected disabilities and other eligible veterans, taking into account applicable rates of unemployment and the employment emphases set forth in chapter 42 of this title, “(3) Cooperate with and use the services of any Federal department or agency or any State or local governmental agency or recognized national or other organization. “(4) Where appropriate, make referrals to any Federal department or agency or State or local governmental unit or recognized national or other organization. “(5) At the Secretary of Veterans Affairs discretion, furnish available space and office facilities for the use of authorized representatives of such governmental unit or other organization providing services. “(6) Conduct and provide for studies in consultation with appropriate Federal departments and agencies to determine the most effective program design to carry out the purposes of this subchapter. “§ 7726. Annual report to Congress “The Secretary shall include in the annual report to the Congress required by section 529 of this title a report on the activities carried out under this subchapter. Each such report shall include an appraisal of the effectiveness of the programs authorized in this subchapter and recommendations for the improvement or more effective administration of those programs.”. (c) Cross-References to Previous Chapter 3 Sections.— (1) Section 621 is amended by striking out “section 210(c)(1)” and inserting in lieu thereof “section 501(a)”. (2) Section 1685(a)(1) is amended by striking out “subchapter IV of chapter 3” and inserting in lieu thereof “subchapter II of chapter 77”. (3) The following sections are amended by striking out “section 214” and inserting in lieu thereof “section 529”: sections 618(c)(3), 654,1521(c), 1833(c)(2), and 7101(c)(3). (4) Section 2003A(b)(2) is amended by striking out “section 242” and inserting in lieu thereof “section 7723”. (5) Section 2014(g) is amended by striking out “section 241” and “section 243” and inserting in lieu thereof “section 7722” and “section 7724”, respectively. (6) Section 5701(g)(2)(A)(ii) is amended by striking out “section 219” and inserting in lieu thereof “section 527”. (7) Section 7455(a)(2)(C) is amended by striking out “section 218” and inserting in lieu thereof “section 902”. (d) Tables of Chapters.— (1) The table of chapters before part I is amended— (A) by striking out the item relating to chapter 3 and inserting in lieu thereof the following: “3. Department of Veterans Affairs 301 “5. Authority and Duties of the Secretary 501 “7. Employees 701 “9. Security and Law Enforcement on Property Under the Jurisdiction of the Department 901“; and (B) by inserting after the item relating to chapter 76 the following new item: “77. Veterans Benefits Administration 7701”. (2) The table of chapters at the beginning of part I is amended by striking out the item relating to chapter 3 and inserting in lieu thereof the following: “3. Department of Veterans Affairs 301 “5. Authority and Duties of the Secretary 501 “7. Employees 701 Security and Law Enforcement on Property Under the Jurisdiction of the Department 901”. (3) The table of chapters at the beginning of part V is amended by inserting after the item relating to chapter 76 the following new item: “77. Veterans Benefits Administration 7701”.

34. 1991

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

    Substituted · 38 U.S.C. § 3733(e)

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

    Source evidence

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

35. 1992

    Pub. L. 102–291 § 5(b) · 106 Stat. 178

    Inserted · 38 U.S.C. § 3733(e)

    Pub. L. 102–291 inserted “, and the amount received from the sale of securities under section 3720(h) of this title,”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 102–291 inserted “, and the amount received from the sale of securities under section 3720(h) of this title,”.

    Enacted provision · exact public law section
    (b) Treatment of Proceeds.— Section 3733(e) of such title is amended by inserting “, and the amount received from the sale of securities under section 3720(h) of this title,” after “subsection (a)(1) of this section”.

36. 1998

    Pub. L. 105–368 § 602(e)(1)(E) · 112 Stat. 3315

    Substituted · 38 U.S.C. § 3733(a)(6)

    Pub. L. 105–368, § 602(e)(1)(E), substituted “Veterans Housing Benefit Program Fund established by section 3722(a)” for “Department of Veterans Affairs Loan Guaranty Revolving Fund established by section 3724(a)”

    Source evidence

    Code amendment note
    Subsec. (a)(6). Pub. L. 105–368, § 602(e)(1)(E), substituted “Veterans Housing Benefit Program Fund established by section 3722(a)” for “Department of Veterans Affairs Loan Guaranty Revolving Fund established by section 3724(a)”.

    Enacted provision · exact public law section
    (E) Section 3733(a)(6) is amended by striking “Department of Veterans Affairs Loan Guaranty Revolving Fund established by section 3724(a)” and inserting “VeteransHousing Benefit Program Fund established by section 3722(a)”.

37. 1998

    Pub. L. 105–368 § 602(c)(2) · 112 Stat. 3315

    Struck · 38 U.S.C. § 3733(e)

    Pub. L. 105–368, § 602(c)(2), struck out subsec. (e) which read as follows: “Notwithstanding any other provision of law, the amount received from the sale of any note evidencing a loan secured by real property described in subsection (a)(1) of this section, and the amount received from the sale of securities under section 3720(h) of this title, shall be credited, without any reduction and for the fiscal year in which the amount is received, as offsetting collections of—

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 105–368, § 602(c)(2), struck out subsec. (e) which read as follows: “Notwithstanding any other provision of law, the amount received from the sale of any note evidencing a loan secured by real property described in subsection (a)(1) of this section, and the amount received from the sale of securities under section 3720(h) of this title, shall be credited, without any reduction and for the fiscal year in which the amount is received, as offsetting collections of—

    “(1) the revolving fund for which a fee under section 3729 of this title was collected (or was exempted from being collected) at the time of the original guaranty of the loan that was secured by the same property; or “(2) in any case in which there was no requirement of (or exemption from) a fee at the time of the original guaranty of the loan that was secured by the same property, the Loan Guaranty Revolving Fund; and the total so credited to any revolving fund for a fiscal year shall offset outlays attributed to such revolving fund during such fiscal year.”

    Enacted provision · exact public law section
    (2) Repeal of obsolete requirement to credit proceeds.— Section 3733 is amended by striking subsection (e).

38. 2003

    Veterans Benefits Act of 2003

    Pub. L. 108–183 § 404(b)(1)(A) · 117 Stat. 2651

    Struck · 38 U.S.C. § 3733(a)(4)(A)

    Pub. L. 108–183, § 404(b)(1)(A), (2), struck out “of this paragraph” after “subparagraph (B)” and “of this subsection” after “paragraph (1)”

    Source evidence

    Code amendment note
    Subsec. (a)(4)(A). Pub. L. 108–183, § 404(b)(1)(A), (2), struck out “of this paragraph” after “subparagraph (B)” and “of this subsection” after “paragraph (1)”.

    Enacted provision · exact public law section
    (A) “paragraph (1)” in subsections (a)(4)(A), (a)(5), (a)(6), and (c)(2); and

39. 2003

    Veterans Benefits Act of 2003

    Pub. L. 108–183 § 404(b)(1)(B) · 117 Stat. 2651

    Struck · 38 U.S.C. § 3733(a)(4)(B)(i)

    Pub. L. 108–183, § 404(b)(1)(B), (2), struck out “of this paragraph” after “subparagraph (A)” and “of this subsection” after “paragraph (5)”

    Source evidence

    Code amendment note
    Subsec. (a)(4)(B)(i). Pub. L. 108–183, § 404(b)(1)(B), (2), struck out “of this paragraph” after “subparagraph (A)” and “of this subsection” after “paragraph (5)”.

    Enacted provision · exact public law section
    (B) “paragraph (5)” in subsection (a)(4)(B)(i); and

40. 2003

    Veterans Benefits Act of 2003

    Pub. L. 108–183 § 404(b)(2) · 117 Stat. 2651

    Struck · 38 U.S.C. § 3733(a)(4)(B)(ii)

    Pub. L. 108–183, § 404(b)(2), struck out “of this paragraph” after “subparagraph (A)”

    Source evidence

    Code amendment note
    Subsec. (a)(4)(B)(ii). Pub. L. 108–183, § 404(b)(2), struck out “of this paragraph” after “subparagraph (A)”.

    Enacted provision · exact public law section
    (2) by striking “of this paragraph” each place it appears in subsection (a)(4).

41. 2003

    Veterans Benefits Act of 2003

    Pub. L. 108–183 § 404(b)(1)(A) · 117 Stat. 2651

    Struck · 38 U.S.C. § 3733(a)(5); 38 U.S.C. § 3733(a)(6)

    Pub. L. 108–183, § 404(b)(1)(A), struck out “of this subsection” after “paragraph (1)”

    Source evidence

    Code amendment note
    Subsec. (a)(5), (6). Pub. L. 108–183, § 404(b)(1)(A), struck out “of this subsection” after “paragraph (1)”.

    Enacted provision · exact public law section
    (A) “paragraph (1)” in subsections (a)(4)(A), (a)(5), (a)(6), and (c)(2); and

42. 2003

    Veterans Benefits Act of 2003

    Pub. L. 108–183 § 404(a) · 117 Stat. 2651

    Added · 38 U.S.C. § 3733(a)(7)

    Pub. L. 108–183, § 404(a), added par. (7)

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 108–183, § 404(a), added par. (7).

    Enacted provision · exact public law section
    (a) Reinstatement.— Subsection (a) of section 3733 is amended by adding at the end the following new paragraph: “(7) During the period that begins on the date of the enactment of the Veterans’ Benefits Act of 2003 and ends on September 30, 2013, the Secretary shall carry out the provisions of this subsection as if— “(A) the references in the first sentence of paragraph (1) to ‘65 percent’ and ‘may be financed’ were references to ‘85 percent’ and ‘shall be financed’, respectively; “(B) the second sentence of paragraph (1) were repealed; and “(C) the reference in paragraph (2) to ‘September 30, 1990,’ were a reference to ‘September 30, 2013,’.” .

43. 2003

    Veterans Benefits Act of 2003

    Pub. L. 108–183 § 404(b)(1)(A) · 117 Stat. 2651

    Struck · 38 U.S.C. § 3733(c)(2)

    Pub. L. 108–183, § 404(b)(1)(A), struck out “of this subsection” after “paragraph (1)”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 108–183, § 404(b)(1)(A), struck out “of this subsection” after “paragraph (1)”.

    Enacted provision · exact public law section
    (A) “paragraph (1)” in subsections (a)(4)(A), (a)(5), (a)(6), and (c)(2); and

44. 2006

    Veterans’ Housing Opportunity and Benefits Improvement Act of 2006

    Pub. L. 109–233 title V § 503(10) · 120 Stat. 397

    Substituted · 38 U.S.C. § 3733(a)(7)

    Pub. L. 109–233, which directed the substitution of “December 16, 2003” for “the date of the enactment of the Veterans Benefits Act of 2003”, was executed by making the substitution for “the date of the enactment of the Veterans’ Benefits Act of 2003” to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 109–233, which directed the substitution of “December 16, 2003” for “the date of the enactment of the Veterans Benefits Act of 2003”, was executed by making the substitution for “the date of the enactment of the Veterans’ Benefits Act of 2003” to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (10) Date of enactment reference.— Section 3733(a)(7) is amended by striking “the date of the enactment of the Veterans Benefits Act of 2003” and inserting “December 16, 2003”.

45. 2010

    Veterans’ Benefits Act of 2010

    Pub. L. 111–275 title X § 1001(j) · 124 Stat. 2864

    Inserted · 38 U.S.C. § 3733(a)(7)

    Pub. L. 111–275 inserted comma after “2003” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 111–275 inserted comma after “2003” in introductory provisions.

    Enacted provision · exact public law section
    (j) Chapter 37.— Section 38 USC 3733. 3733(a)(7) is amended by inserting a comma after “2003”.

46. 2013

    VA Expiring Authorities Extension Act of 2013

    Pub. L. 113–59 § 13 · 127 Stat. 658

    Substituted · 38 U.S.C. § 3733(a)(7)

    Pub. L. 113–59 substituted “September 30, 2014” for “September 30, 2013” in introductory provisions and in subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 113–59 substituted “September 30, 2014” for “September 30, 2013” in introductory provisions and in subpar. (C).

    Enacted provision · exact public law section
    SEC. 13. EXTENSION OF REQUIREMENTS RELATING TO VENDEE LOANS.   Section 3733(a)(7) is amended by striking “September 30, 2013” each place it appears and inserting “September 30, 2014”.

47. 2014

    Department of Veterans Affairs Expiring Authorities Act of 2014

    Pub. L. 113–175 title III § 303 · 128 Stat. 1901

    Substituted · 38 U.S.C. § 3733(a)(7)

    Pub. L. 113–175 substituted “September 30, 2015” for “September 30, 2014” in introductory provisions and in subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 113–175 substituted “September 30, 2015” for “September 30, 2014” in introductory provisions and in subpar. (C).

    Enacted provision · exact public law section
    SEC. 303. EXTENSION OF AUTHORITY RELATING TO VENDEE LOANS.   Section 3733(a)(7) 38 USC 3733. is amended— (1) in the matter preceding subparagraph (A), by striking “September 30, 2014” and inserting “September 30, 2015”; and (2) in subparagraph (C), by striking “September 30, 2014,” and inserting “September 30, 2015,”.

48. 2015

    Department of Veterans Affairs Expiring Authorities Act of 2015

    Pub. L. 114–58 title II § 203 · 129 Stat. 530

    Substituted · 38 U.S.C. § 3733(a)(7)

    Pub. L. 114–58 substituted “September 30, 2016” for “September 30, 2015” in introductory provisions and in subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 114–58 substituted “September 30, 2016” for “September 30, 2015” in introductory provisions and in subpar. (C).

    Enacted provision · exact public law section
    SEC. 203. EXTENSION OF AUTHORITY RELATING TO VENDEE LOANS.   Section 3733(a)(7) is amended— (1) in the matter preceding subparagraph (A), by striking “September 30, 2015” and inserting “September 30, 2016”; and (2) in subparagraph (C), by striking “September 30, 2015,” and inserting “September 30, 2016,”.

49. 2016

    Department of Veterans Affairs Expiring Authorities Act of 2016

    Pub. L. 114–228 title II § 203 · 130 Stat. 935

    Substituted · 38 U.S.C. § 3733(a)(7)

    Pub. L. 114–228 substituted “September 30, 2017” for “September 30, 2016” in introductory provisions and in subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 114–228 substituted “September 30, 2017” for “September 30, 2016” in introductory provisions and in subpar. (C).

    Enacted provision · exact public law section
    SEC. 203. EXTENSION OF AUTHORITY RELATING TO VENDEE LOANS.   Section 3733(a)(7) is amended— (1) in the matter preceding subparagraph (A), by striking “September 30, 2016” and inserting “September 30, 2017”; and (2) in subparagraph (C), by striking “September 30, 2016,” and inserting “September 30, 2017,”.

50. 2017

    Department of Veterans Affairs Expiring Authorities Act of 2017

    Pub. L. 115–62 title II § 202 · 131 Stat. 1159

    Substituted · 38 U.S.C. § 3733(a)(7)

    Pub. L. 115–62 substituted “September 30, 2018” for “September 30, 2017” in introductory provisions and in subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 115–62 substituted “September 30, 2018” for “September 30, 2017” in introductory provisions and in subpar. (C).

    Enacted provision · exact public law section
    SEC. 202. EXTENSION OF AUTHORITY RELATING TO VENDEE LOANS.   Section 3733(a)(7) is amended— (1) in the matter preceding subparagraph (A), by striking “September 30, 2017” and inserting “September 30, 2018”; and (2) in subparagraph (C), by striking “September 30, 2017,” and inserting “September 30, 2018,”.

51. 2018

    Department of Veterans Affairs Expiring Authorities Act of 2018

    Pub. L. 115–251 title I § 125 · 132 Stat. 3166

    Substituted · 38 U.S.C. § 3733(a)(7)

    Pub. L. 115–251 substituted “September 30, 2019” for “September 30, 2018” in introductory provisions and in subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 115–251 substituted “September 30, 2019” for “September 30, 2018” in introductory provisions and in subpar. (C).

    Enacted provision · exact public law section
    SEC. 125. EXTENSION OF AUTHORITY RELATING TO VENDEE LOANS.   Section 3733(a)(7) is amended— (1) in the matter preceding subparagraph (A), by striking “September 30, 2018” and inserting “September 30, 2019”; and (2) in subparagraph (C), by striking “September 30, 2018,” and inserting “September 30, 2019,”.

52. 2019

    Department of Veterans Affairs Expiring Authorities Act of 2019

    Pub. L. 116–61 § 2 · 133 Stat. 1116

    Substituted · 38 U.S.C. § 3733(a)(7)

    Pub. L. 116–61 substituted “September 30, 2020” for “September 30, 2019” in introductory provisions and in subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 116–61 substituted “September 30, 2020” for “September 30, 2019” in introductory provisions and in subpar. (C).

    Enacted provision · exact public law section
    SEC. 2. EXTENSION OF AUTHORITY RELATING TO VENDEE LOANS.   Section 3733(a)(7) of title 38, United States Code, is amended— (1) in the matter preceding subparagraph (A), by striking “September 30, 2019” and inserting “September 30, 2020”; and (2) in subparagraph (C), by striking “September 30, 2019,” and inserting “September 30, 2020,”.

53. 2020

    Department of Veterans Affairs Expiring Authorities Act of 2020

    Pub. L. 116–159 div. E title IV § 5405 · 134 Stat. 709

    Added · 38 U.S.C. § 3733(a)(8)

    Pub. L. 116–159 added par. (8)

    Source evidence

    Code amendment note
    Subsec. (a)(8). Pub. L. 116–159 added par. (8).

    Enacted provision · exact public law section
    SEC. 5405. MODIFICATION AND EXTENSION OF AUTHORITY RELATING TO VENDEE LOAN PROGRAM.   Section 3733(a) of title 38, United States Code, is amended by adding at the end the following new paragraph: “(8) During the period that begins on October 1, 2020, and ends on September 30, 2025, the Secretary shall carry out the provisions of this subsection as if— “(A) the references in the first sentence of paragraph (1) to ‘65 percent’ and ‘may be financed by a loan’ were references to ‘85 percent’ and ‘shall be of property marketed with financing to be’, respectively; “(B) the second sentence of paragraph (1) were repealed; and “(C) the reference in paragraph (2) to ‘September 30, 1990,’ were a reference to ‘September 30, 2025,’.” .

54. 2025

    Pub. L. 119–37 § 7404(1) · 139 Stat. 654

    Substituted · 38 U.S.C. § 3733(a)(8)

    Pub. L. 119–37, § 7404(1), substituted “September 30, 2026” for “September 30, 2025” in introductory provisions

    Unresolved: Pub. L. 119–37 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(8). Pub. L. 119–37, § 7404(1), substituted “September 30, 2026” for “September 30, 2025” in introductory provisions.

    Effective date note
    Amendment by Pub. L. 119–37 effective as if enacted on Sept. 30, 2025, see section 7406 of Pub. L. 119–37, set out as a note under section 111A of this title.

55. 2025

    Pub. L. 119–37 § 7404(2) · 139 Stat. 654

    Substituted · 38 U.S.C. § 3733(a)(8)(C)

    Pub. L. 119–37, § 7404(2), substituted “September 30, 2026” for “September 30, 2025”

    Unresolved: Pub. L. 119–37 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(8)(C). Pub. L. 119–37, § 7404(2), substituted “September 30, 2026” for “September 30, 2025”.

    Effective date note
    Amendment by Pub. L. 119–37 effective as if enacted on Sept. 30, 2025, see section 7406 of Pub. L. 119–37, set out as a note under section 111A of this title.

56. 2026

    Pub. L. 119–103 § 4406(1) · 140 Stat. 1009

    Substituted · 38 U.S.C. § 3733(a)(8)

    Pub. L. 119–103, § 4406(1), substituted “December 11, 2026” for “September 30, 2026” in introductory provisions

    Unresolved: Pub. L. 119–103 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(8). Pub. L. 119–103, § 4406(1), substituted “December 11, 2026” for “September 30, 2026” in introductory provisions.

57. 2026

    Pub. L. 119–103 § 4406(2) · 140 Stat. 1009

    Substituted · 38 U.S.C. § 3733(a)(8)(C)

    Pub. L. 119–103, § 4406(2), substituted “December 11, 2026” for “September 30, 2026”

    Unresolved: Pub. L. 119–103 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (a)(8)(C). Pub. L. 119–103, § 4406(2), substituted “December 11, 2026” for “September 30, 2026”.

62 of 68 references resolved to an enrolled provision · 2 partial · 4 unresolved