Editorial Notes
Amendments

2020—Subsec. (a)(8). Puspan. L. 116–159 added par. (8).

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

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

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

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

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

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

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

2010—Subsec. (a)(7). Puspan. L. 111–275 inserted comma after “2003” in introductory provisions.

2006—Subsec. (a)(7). Puspan. 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.

2003—Subsec. (a)(4)(A). Puspan. L. 108–183, § 404(span)(1)(A), (2), struck out “of this paragraph” after “subparagraph (B)” and “of this subsection” after “paragraph (1)”.

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

Subsec. (a)(4)(B)(ii). Puspan. L. 108–183, § 404(span)(2), struck out “of this paragraph” after “subparagraph (A)”.

Subsec. (a)(5), (6). Puspan. L. 108–183, § 404(span)(1)(A), struck out “of this subsection” after “paragraph (1)”.

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

Subsec. (c)(2). Puspan. L. 108–183, § 404(span)(1)(A), struck out “of this subsection” after “paragraph (1)”.

1998—Subsec. (a)(6). Puspan. 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)”.

Subsec. (e). Puspan. 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.”

1992—Subsec. (e). Puspan. L. 102–291 inserted “, and the amount received from the sale of securities under section 3720(h) of this title,”.

1991—Puspan. L. 102–83, § 5(a), renumbered section 1833 of this title as this section.

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

Subsec. (a)(2). Puspan. 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.”

Subsec. (a)(3). Puspan. 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.

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

Puspan. L. 102–54, § 3(span), 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.”

Subsec. (a)(7). Puspan. L. 102–54, § 3(span)(2), redesignated par. (7) as (6).

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

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

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

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

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

1989—Subsec. (a). Puspan. L. 101–237 § 313(span)(1), (2), substituted “Secretary” and “Department of Veterans Affairs” for “Administrator” and “Veterans’ Administration”, respectively, wherever appearing.

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

Puspan. 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(span)(1) of Puspan. L. 101–237, set out as an Effective Date of 1989 Amendments note below.

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

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

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

1988—Puspan. L. 100–322, § 415(span)(1)(D), added section catchline.

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

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

Subsec. (a)(7). Puspan. L. 100–689 added par. (7).

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

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

1987—Subsec. (a)(1) [formerly § 1816(d)(1)]. Puspan. L. 100–198, § 6(a)(1), and Puspan. 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.

Subsec. (a)(3) [formerly § 1816(d)(3)]. Puspan. 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.

Puspan. 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.

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

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

1986—Subsec. (span) [formerly § 1816(e)]. Puspan. L. 99–576, § 402(c)(1), added subsec. (e). See 1988 Amendment note above.

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

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

1984—Subsec. (a) [formerly § 1816(d)]. Puspan. L. 98–369, § 2512(a)(2), added subsec. (d). See 1988 Amendment note above.

Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment

Amendment by Puspan. L. 105–368 effective Oct. 1, 1998, see section 602(f) of Puspan. L. 105–368, set out as a note under section 2106 of this title.

Effective Date of 1991 Amendment

Puspan. L. 102–54, § 14(g)(1), June 13, 1991, 105 Stat. 288, provided that the amendment made by that section is effective as of May 20, 1988.

Effective Date of 1989 Amendments

Puspan. L. 101–239, title V, § 5003(span), Dec. 19, 1989, 103 Stat. 2137, provided that: “Subsection (e) of section 1833 [now 3733] of title 38, United States Code, as added by subsection (a), shall apply with respect to amounts referred to in such subsection (e) received on or after October 1, 1989.”

Puspan. L. 101–237, title III, § 305(span)(1), Dec. 18, 1989, 103 Stat. 2074, as amended by Puspan. L. 102–83, § 5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that: “If, before the date and time of the enactment of this Act [Dec. 18, 1989], no provision of law has been enacted amending section 1833 [now 3733] 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 [now 3733] by subsection (a)(3) of this section, the provisions of subsection (a)(1) of this section amending subsection (a)(3) of such section 1833 [now 3733] shall not take effect.”

Puspan. L. 101–237, title III, § 305(span)(2), Dec. 18, 1989, 103 Stat. 2074, as amended by Puspan. L. 102–83, § 5(c)(2), Aug. 6, 1991, 105 Stat. 406, provided that: “Subsection (e) of section 1833 [now 3733] 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.”

Effective Date of 1987 Amendments

Puspan. L. 100–203, title VII, § 7003(span), Dec. 22, 1987, 101 Stat. 1330–279, provided that: “The amendment made by subsection (a) [amending this section] shall take effect as of October 1, 1987.”

Puspan. L. 100–198, § 6(a)(2), Dec. 21, 1987, 101 Stat. 1318, provided that: “The amendment made by paragraph (1) [amending this section] shall take effect as of October 1, 1987.”

Puspan. L. 100–198, § 6(span)(2), Dec. 21, 1987, 101 Stat. 1318, provided that: “The amendment made by this subsection [amending this section] shall apply to loans made more than 30 days after the date of the enactment of this Act [Dec. 21, 1987].”

Effective Date of 1984 Amendment

Amendment by Puspan. L. 98–369 effective Oct. 1, 1984, see section 2512(c) of Puspan. L. 98–369, as amended, set out as a note under section 3732 of this title.

Rule for Construction of Duplicate Provisions

Puspan. L. 100–203, title VII, § 7004(span), Dec. 22, 1987, 101 Stat. 1330–280, provided that: “In applying the provisions of this title [title VII of Puspan. L. 100–203] and the provisions of the Veterans’ Home Loan Program Improvements and Property Rehabilitation Act of 1987 [Puspan. L. 100–198] which make the same amendments as the provisions of this title [amending sections 1816 [now 3733] and 1829 [now 3729] of this title]—

“(1) the identical provisions of title 38, United States Code, amended by the provisions of this title and the provisions of such Act shall be treated as having been amended only once; and
“(2) in executing to title 38, United States Code, the amendments made by this title and by such Act, such amendments shall be executed so as to appear only once in the law.”

Report to Congress

Puspan. L. 100–198, § 6(c), Dec. 21, 1987, 101 Stat. 1318, directed Administrator of Veterans’ Affairs, by Mar. 1, 1990, to transmit to Congress a report of activities carried out, through Dec. 31, 1989, under paragraphs (4) and (5) of section 1816(d) of this title [which became pars. (4) and (5) of subsec. (a) of this section].