38 U.S. Code § 3710 - Purchase or construction of homes
The date of the enactment of this paragraph, referred to in subsec. (a)(12), is the date of enactment of Pub. L. 109–461, which was approved Dec. 22, 2006.
Section 216(b)(1) of the Internal Revenue Code of 1986, referred to in subsec. (h)(2), is classified to section 216(b)(1) of Title 26, Internal Revenue Code.
The Federal Advisory Committee Act, referred to in subsec. (i)(3)(B), is Pub. L. 92–463, Oct. 6, 1972, 86 Stat. 770, which was set out in the Appendix to Title 5, Government Organization and Employees, and was substantially repealed and restated in chapter 10 (§ 1001 et seq.) of Title 5 by Pub. L. 117–286, §§ 3(a), 7, Dec. 27, 2022, 136 Stat. 4197, 4361. For disposition of sections of the Act into chapter 10 of Title 5, see Disposition Table preceding section 101 of Title 5.
Another section 11(b) of Pub. L. 100–198 amended section 1831 [now 3731] of this title.
2022—Subsec. (i). Pub. L. 117–328 added subsec. (i).
2019—Subsec. (d)(4). Pub. L. 116–23 substituted “subparagraph (B) or (C) of section 3703(a)(1) of this title” for “section 3703(a)(1)(B) of this title”.
2008—Subsec. (b)(8). Pub. L. 110–389 substituted “100 percent” for “90 percent”.
2006—Subsec. (a)(12). Pub. L. 109–461, § 501(a), added par. (12).
Subsec. (h). Pub. L. 109–461, § 501(b), added subsec. (h).
1996—Subsec. (d)(7). Pub. L. 104–110 struck out par. (7) which read as follows: “A loan may not be guaranteed under this subsection after December 31, 1995.”
1994—Subsec. (a)(11). Pub. L. 103–446, § 904(a), added par. (11).
Subsec. (e)(1). Pub. L. 103–446, § 904(b)(1), inserted “or for the purpose specified in subsection (a)(11)” after “subsection (a)(8)” in introductory provisions.
Subsec. (e)(1)(A). Pub. L. 103–446, § 905, inserted before semicolon at end “or, in a case in which the loan is a fixed rate loan and the loan being refinanced is an adjustable rate loan, the loan bears interest at a rate that is agreed upon by the veteran and the mortgagee”.
Subsec. (e)(1)(C). Pub. L. 103–446, § 904(b)(2), substituted “may not exceed—” and cls. (i) and (ii) for “may not exceed an amount equal to the sum of the balance of the loan being refinanced and such closing costs (including any discount permitted pursuant to section 3703(c)(3)(A) of this title) as may be authorized by the Secretary, under regulations which the Secretary shall prescribe, to be included in such loan;”.
1992—Subsec. (a)(7). Pub. L. 102–547, § 9(b)(1), amended par. (7) generally. Prior to amendment, par. (7) read as follows: “To improve a dwelling or farm residence owned by the veteran and occupied by the veteran as the veteran’s home through the installation of a solar heating system, a solar heating and cooling system, or a combined solar heating and cooling system or through the application of a residential energy conservation measure.”
Subsec. (a)(10). Pub. L. 102–547, § 9(b)(2), added par. (10).
Subsec. (d). Pub. L. 102–547, § 9(a), amended subsec. (d) generally. Prior to amendment, subsec. (d) defined terms “solar heating”, “solar heating and cooling”, “combined solar heating and cooling”, “passive system”, and “residential energy conservation measure” for purposes of subsec. (a)(7).
Subsec. (e)(1)(D). Pub. L. 102–547, § 6(1), amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “the amount of the guaranty of the loan may not exceed the original guaranty amount of the loan being refinanced;”.
1991—Pub. L. 102–83, § 5(a), renumbered section 1810 of this title as this section.
Subsec. (a). Pub. L. 102–83, § 5(c)(1), substituted “3704(c)(2)” for “1804(c)(2)” in introductory provisions, “3712(a)(5)” for “1812(a)(5)” in par. (9)(B)(ii), and “3711” for “1811” in concluding provisions.
Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “3711” for “1811” in introductory provisions and “3731” for “1831” in pars. (5), (7)(i), and (8).
Subsec. (e)(1)(C). Pub. L. 102–83, § 5(c)(1), substituted “3703(c)(3)(A)” for “1803(c)(3)(A)”.
Subsec. (e)(2). Pub. L. 102–83, § 5(c)(1), substituted “3702(b)” for “1802(b)”.
Pub. L. 102–83, § 4(a)(2)(A)(iv), substituted “Secretary” for “Veterans’ Administration”.
Subsec. (g)(2). Pub. L. 102–83, § 5(c)(1), substituted “3712(e)(2)” for “1812(e)(2)”.
1989—Subsec. (a)(6). Pub. L. 101–237, § 313(b)(1), substituted “Secretary” for “Administrator” wherever appearing.
Subsec. (b)(5) to (8). Pub. L. 101–237, § 309(b), inserted “except in the case of a loan described in clause (7) or (8) of this subsection,” before “the loan to be paid” in cl. (5), struck out “and,” at end of cl. (5), substituted semicolon for period at end of cl. (6), and added cls. (7) and (8).
Subsecs. (d) to (g). Pub. L. 101–237, § 313(b)(1), substituted “Secretary” and “Secretary’s” for “Administrator” and “Administrator’s”, respectively, wherever appearing.
Subsec. (h). Pub. L. 101–237, § 309(a), struck out subsec. (h) which read as follows: “The amount of a loan guaranteed for the purpose specified in subsection (a)(5) of this section may not exceed the amount equal to 90 percent of the appraised value of the dwelling or farm residence which will secure the loan, as determined by the Administrator.”
1988—Subsec. (a)(9)(B)(ii). Pub. L. 100–322, § 415(c)(4)(A), substituted “section 1812(a)(5)” for “section 1819(a)(5)”.
Subsec. (g)(2). Pub. L. 100–322, § 415(c)(4)(B), substituted “section 1812(e)(2)” for “section 1819(e)(2)”.
1987—Subsec. (a). Pub. L. 100–198, § 8(a)(2), substituted “Except as provided in section 1804(c)(2) of this title, any” for “Any”.
Subsec. (b). Pub. L. 100–198, § 11(b), substituted “pursuant to section 1831 of this title” for “by the Administrator” in cl. (5) and struck out last sentence which read as follows: “After the reasonable value of any property, construction, repairs, or alterations is determined under paragraph (5), the Administrator shall, as soon as possible thereafter, notify the veteran concerned of such determination.”
Subsec. (c). Pub. L. 100–198, § 3(a)(2), struck out subsec. (c) which read as follows: “The amount of guaranty entitlement available to a veteran under this section shall not be more than $27,500 less such entitlement as may have been used previously under this section and other sections of this chapter.”
Subsec. (e)(1)(B). Pub. L. 100–198, § 7(a)(1), struck out “and such dwelling or residence must be owned and occupied by the veteran as such veteran’s home” after “refinanced”.
Subsec. (e)(1)(D). Pub. L. 100–198, § 7(a)(2), struck out “and” at end.
Subsec. (e)(1)(E). Pub. L. 100–198, § 7(a)(3), substituted “by more than 10 years; and” for period at end.
Subsec. (e)(1)(F). Pub. L. 100–198, § 7(a)(4), added cl. (F).
Subsec. (g)(3). Pub. L. 100–198, § 13, inserted at end “If the procedures described in clause (C) of this paragraph include standards for evaluating residual income, the Administrator shall, in establishing such standards, give appropriate consideration to State statistics (in States as to which the Administrator determines that such statistics are reliable) pertinent to residual income and the cost of living in the State in question rather than in a larger region.”
Subsec. (h). Pub. L. 100–198, § 7(c), added subsec. (h).
1986—Subsec. (b)(3). Pub. L. 99–576, § 402(a), inserted “, as determined in accordance with the credit underwriting standards established pursuant to subsection (g) of this section”.
Subsec. (g). Pub. L. 99–576, § 402(b), added subsec. (g).
1984—Subsec. (a)(9). Pub. L. 98–223, § 205(a)(1), added par. (9).
Subsec. (f). Pub. L. 98–223, § 205(a)(2), added subsec. (f).
1980—Subsec. (a)(8). Pub. L. 96–385, § 401(a)(1), added par. (8).
Subsec. (c). Pub. L. 96–385, § 402(a), substituted “$27,500” for “$25,000”.
Subsec. (e). Pub. L. 96–385, § 401(a)(2), added subsec. (e).
1978—Subsec. (a)(6). Pub. L. 95–476, § 104(1), struck out requirement that the purchased residential unit be in a new condominium development, struck out provision that such unit could be in a structure built and sold as a condominium, and inserted provision that the criteria prescribed by the Administrator be prescribed through regulations.
Subsec. (a)(7). Pub. L. 95–476, § 104(2), added par. (7).
Subsec. (c). Pub. L. 95–476, § 105(a), substituted “$25,000” for “$17,500”.
Subsec. (d). Pub. L. 95–476, § 104(3), added subsec. (d).
1976—Subsec. (a). Pub. L. 94–324 substituted “the veteran”, “the veteran’s” and “the Administrator” for “him”, “his” and “he”, respectively, wherever appearing.
1974—Subsec. (a)(5). Pub. L. 93–569, § 3(1), struck out “Nothing in this chapter shall preclude a veteran from paying to a lender any discount required by such lender in connection with such refinancing.”
Subsec. (a)(6). Pub. L. 93–569, § 3(2), added par. (6).
Subsec. (c). Pub. L. 93–569, § 3(3), substituted “$17,500” for “$12,500”.
Subsec. (d). Pub. L. 93–569, § 3(4), struck out subsec. (d) relating to guaranty of loans for purchase of a one-family residential unit in a condominium housing project or development as to which Secretary of Housing and Urban Development has issued, under section 234 of the National Housing Act, evidence of insurance.
1970—Subsec. (a). Pub. L. 91–506, § 3(1), added par. (5) permitting a veteran to use his loan guaranty eligibility to refinance existing mortgage loans or other liens on dwellings on farm residences he occupies and provided that veterans using loan guarantees for such refinancing may pay points demanded by a lender.
Subsec. (d). Pub. L. 91–506, § 3(2), added subsec. (d).
1968—Subsec. (b). Pub. L. 90–301, § 2(a), substituted “loan to be paid” for “price paid or to be paid” in par. (5) of first sentence and inserted sentence at end relating to notification of veteran concerned of determination of reasonable value of any property, construction, repairs, or alterations.
Subsec. (c). Pub. L. 90–301, § 1(a), increased limitation on amount of guaranty entitlement from $7,500 to $12,500.
Amendment by Pub. L. 116–23 applicable with respect to a loan guaranteed under this section on or after Jan. 1, 2020, see section 6(d) of Pub. L. 116–23, set out as a note under section 3703 of this title.
Amendment by section 3(a)(2) of Pub. L. 100–198 applicable to loans closed on or after Feb. 1, 1988, but not applicable to any loan for which a guaranty commitment is made on or before Dec. 31, 1987, see section 3(d) of Pub. L. 100–198, set out as a note under section 3703 of this title.
Section 7(d) of Pub. L. 100–198 provided that:
Amendment by section 8(a)(2) of Pub. L. 100–198 applicable with respect to loans made more than 30 days after Dec. 21, 1987, see section 8(c) of Pub. L. 100–198, set out as a note under section 3704 of this title.
Amendment by sections 401(a) and 402(a) of Pub. L. 96–385 effective Oct. 7, 1980, and Oct. 1, 1980, respectively, see section 601(b), (d) of Pub. L. 96–385, set out as a note under section 1114 of this title.
Amendment by sections 104(2), (3) and 105(a) of Pub. L. 95–476 effective Oct. 1, 1978, and amendment by section 104(1) of Pub. L. 95–476 effective July 1, 1979, except with respect to the authority to prescribe regulations for the implementation of such amendment, which is effective Oct. 18, 1978, see section 108(a), (b) of Pub. L. 95–476, set out as a note under section 3702 of this title.
Amendment by Pub. L. 94–324 effective June 30, 1976, see section 9(a) of Pub. L. 94–324, set out as a note under section 3701 of this title.
Amendment by Pub. L. 93–569 effective Dec. 31, 1974, except that amendment by section 3(2), (4) of Pub. L. 93–569 effective ninety days after Dec. 31, 1974, see section 10 of Pub. L. 93–569, set out as a note under section 3702 of this title.
Any action taken by Secretary of Veterans Affairs before Feb. 13, 1996, under provision of law amended by title I of Pub. L. 104–110 that was taken during period beginning on date on which authority of Secretary under such provision of law expired and ending on Feb. 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 Pub. L. 104–110, set out as a note under section 1710 of this title.
Pub. L. 102–547, § 9(c), Oct. 28, 1992, 106 Stat. 3642, directed Secretary of Veterans Affairs to transmit report on energy efficient mortgages to Committees on Veterans’ Affairs of Senate and House of Representatives not later than 1 year after date on which Secretary first exercises authority to guarantee loans under section 3710(d) of this title and for each of the 3 years thereafter, prior to repeal by Pub. L. 104–110, title II, § 201(b), Feb. 13, 1996, 110 Stat. 770.