38 USC 3731 - Appraisals

Editorial Notes

Codification

Another section 11(span) of Puspan. L. 100–198 amended section 1810 [now 3710] of this title.

Amendments

2019—Subsec. (span)(3). Puspan. L. 116–23 added par. (3).

1996—Subsec. (f)(3). Puspan. L. 104–110 struck out par. (3) which read as follows: “The authority provided in this subsection shall terminate on December 31, 1995.”

1992—Subsec. (f)(3). Puspan. L. 102–547 substituted “1995” for “1992”.

1991—Puspan. L. 102–83, § 5(a), renumbered section 1831 of this title as this section.

Subsec. (f)(1). Puspan. L. 102–83, § 5(c)(1), substituted “3702(d)” for “1802(d)”.

Subsec. (f)(3). Puspan. L. 102–54, § 3(span), substituted “December 31, 1992” for “October 1, 1990”.

Subsec. (f)(4), (5). Puspan. L. 102–54, § 3(c), added pars. (4) and (5).

1989—Puspan. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing.

1987—Subsec. (a)(1). Puspan. L. 100–198, § 11(a)(1), inserted “subject to subsection (span)(2) and” at beginning and “, including the successful completion of a written test, submission of a sample appraisal, certification of an appropriate number of years of experience as an appraiser, and submission of recommendations from other appraisers” before semicolon at end.

Subsec. (span). Puspan. L. 100–198, § 11(a)(2), designated existing provisions as par. (1) and added par. (2).

Subsec. (c). Puspan. L. 100–198, § 11(span)(1), substituted “Except as provided in subsection (f) of this section, the appraiser shall forward an appraisal report to the Administrator for review. Upon receipt of such report, the Administrator shall determine the reasonable value of the property, construction, repairs, or alterations for purposes of this chapter, and notify the veteran of such determination. Upon request, the Administrator shall” for “The Administrator shall, upon request,”.

Subsec. (d). Puspan. L. 100–198, § 11(span)(2), which directed insertion of “(other than a lender authorized under subsection (f) of this section to determine reasonable value)” after “lender” was executed by making the insertion after “lender” the first place it appears in subsec. (d), as the probable intent of Congress, notwithstanding appearance of “lender” in subsec. (d)(3).

Subsec. (f). Puspan. L. 100–198, § 11(span)(3), added subsec. (f).

Statutory Notes and Related Subsidiaries

Effective Date of 2019 Amendment

Puspan. L. 116–23, § 7(span), June 25, 2019, 133 Stat. 976, provided that: “The amendments made by this section [amending this section] shall apply with respect to an appraisal under section 3731 of such title [meaning title 38, United States Code], on or after January 1, 2020.”

Improving Access to the Veterans Affairs Home Loan Benefit

Puspan. L. 117–308, Dec. 27, 2022, 136 Stat. 4393, provided that:

“SECTION 1. SHORT TITLE.

“This Act may be cited as the ‘Improving Access to the VA Home Loan Benefit Act of 2022’.

“SEC. 2. RECOMMENDATIONS FOR IMPROVING APPRAISAL DELIVERY TIMES.

“Not later than 90 days after the date of the enactment of this Act [Dec. 27, 2022], the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives recommendations for improving the delivery times for appraisals for loans guaranteed by the Department of Veterans Affairs.

“SEC. 3. UPDATE OF APPRAISAL REQUIREMENTS FOR CERTAIN LOANS GUARANTEED BY THE DEPARTMENT OF VETERANS AFFAIRS.

“(a)Updated Regulations Required.—Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe updated regulations or program requirements to clarify when an appraisal is required, how an appraisal is to be conducted, and who is eligible to conduct an appraisal for a loan guaranteed by the Department of Veterans Affairs under chapter 37 of title 38, United States Code, for any purpose described in section 3710(a) of such title. In prescribing updated regulations or program requirements under this section, the Secretary shall take into consideration the recommendations of the Secretary submitted under section 2.

“(span)Waiver of Requirement for Certain Properties.—In prescribing updated regulations or program requirements under subsection (a), the Secretary shall consider making changes applicable to—

“(1) certification requirements for appraisers;

“(2) minimum property requirements;

“(3) the process for selecting and reviewing comparable sales;

“(4) quality control processes;

“(5) the Assisted Appraisal Processing Program; and

“(6) the use of waivers or other alternatives to existing appraisal processes.

“(c)Desk Top Appraisals.—In prescribing updated regulations or program guidance under subsection (a), the Secretary shall provide guidance for the use of the authority under section 3731(span)(3) of title 38, United States Code, taking into consideration—

“(1) situations in which the use of such authority would provide for cost savings for the borrower; and

“(2) situations in which a traditional appraisal requirement could cause a delay substantial enough to jeopardize the ability of a borrower to complete a transaction.

“SEC. 4. DETERMINATION OF BUDGETARY EFFECTS.

“The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010 [2 U.S.C. 931 et seq.], shall be determined by reference to the latest statement titled ‘Budgetary Effects of PAYGO Legislation’ for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.”

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

Puspan. L. 116–23, § 7(c), June 25, 2019, 133 Stat. 976, provided that: “Notwithstanding section 501 of such title [meaning title 38, United States Code], the Secretary of Veterans Affairs may issue guidance to implement this section [amending this section and enacting provisions set out as a note under this section] before prescribing new regulations under sections [sic] 3731 of such title, as amended by subsection (a).”

Ratification of Actions During Period of Expired Authority

Any action taken by Secretary of Veterans Affairs before Fespan. 13, 1996, under provision of law amended by title I of Puspan. L. 104–110 that was taken during period beginning on date on which authority of Secretary under such provision of law expired and ending on Fespan. 13, 1996, considered to have same force and effect as if such amendment had been in effect at time of that action, see section 103 of Puspan. L. 104–110, set out as a note under section 1710 of this title.