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38 U.S.C. § 3722 — Veterans Housing Benefit Program Fund

Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3722 — Veterans Housing Benefit Program Fund

**(a)** There is hereby established in the Treasury of the United States a fund known as the Veterans Housing Benefit Program Fund (hereinafter in this section referred to as the “Fund”). **(b)** The Fund shall be available to the Secretary, without fiscal year limitation, for all housing loan operations under this chapter, other than administrative expenses, consistent with the Federal Credit Reform Act of 1990. **(c)** There shall be deposited into the Fund the following, which shall constitute the assets of the Fund: (1) Any amount appropriated to the Fund. (2) Amounts paid into the Fund under [section 3729 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3729&num=0&edition=prelim) or any other provision of law or regulation established by the Secretary imposing fees on persons or other entities participating in the housing loan programs under this chapter. (3) All other amounts received by the Secretary on or after October 1, 1998, incident to housing loan operations under this chapter, including— (A) collections of principal and interest on housing loans made by the Secretary under this chapter; (B) proceeds from the sale, rental, use, or other disposition of property acquired under this chapter; (C) proceeds from the sale of loans pursuant to sections 3720(h) and 3733(a)(3) of this title; and (D) penalties collected pursuant to [section 3710(g)(4)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3710/g/4/B&num=0&edition=prelim). **(d)** Amounts deposited into the Fund under paragraphs (2) and (3) of subsection (c) shall be deposited in the appropriate financing or liquidating account of the Fund. **(e)** For purposes of this section, the term “housing loan” sh

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Source location: Title 38, Chapter 37, § 3722; chapter-037-housing-and-small-business-loans.md

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 2106 — Veterans’ mortgage life insurance

**(a)** The Secretary shall insure any individual under 70 years of age who has received assistance under this chapter against the death of the individual except for an individual who— (1) elects in writing to not receive insurance under this section; (2) fails to respond in a timely manner to a request from the Secretary for information on which the premium for such insurance can be based; or (3) receives such assistance under [section 2102B of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2102b&num=0&edition=prelim). **(b)** The amount of insurance provided an individual under this section may not exceed the lesser of $150,000, or after January 1, 2012, $200,000, or the amount of the loan outstanding on the housing unit. The amount of such insurance shall be reduced according to the amortization schedule of the loan and may not at any time exceed the amount of the outstanding loan with interest. If there is no outstanding loan on the housing unit, insurance is not payable under this section. If an eligible individual elects not to be insured under this section, the individual may thereafter be insured under this section, but only upon submission of an application, payment of required premiums, and compliance with such health requirements and other terms and conditions as may be prescribed by the Secretary. **(c)** The premiums charged an individual for insurance under this section shall be paid at such time and in such manner as the Secretary prescribes. The rates for such premiums shall be based on such mortality data as the Secretary considers appropriate to cover only the mortality cost of insuring standard lives. In the case of an individual receiving compensation or other cash benefits paid to the individual by the S

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3729 — Loan fee

**(a) Requirement of Fee.—** (1) Except as provided in subsection (c), a fee shall be collected from each person obtaining a housing loan guaranteed, insured, or made under this chapter, and each person assuming a loan to which [section 3714 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3714&num=0&edition=prelim) applies. No such loan may be guaranteed, insured, made, or assumed until the fee payable under this section has been remitted to the Secretary. (2) The fee may be included in the loan and paid from the proceeds thereof. **(b) Determination of Fee.—** (1) The amount of the fee shall be determined from the loan fee table in paragraph (2). The fee is expressed as a percentage of the total amount of the loan guaranteed, insured, or made, or, in the case of a loan assumption, the unpaid principal balance of the loan on the date of the transfer of the property. (2) The loan fee table referred to in paragraph (1) is as follows: Type of loanActive duty veteranReservistOther obligor (A)(i) Initial loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or any other initial loan described in section 3710(a) other than with 5-down or 10-down (closed on or after October 1, 2004, and before January 1, 2020)2.152.40NA (A)(ii) Initial loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or any other initial loan described in section 3710(a) other than with 5-down or 10-down (closed on or after January 1, 2020, and before April 7, 2023)2.302.30NA (A)(iii) Initial loan described in section 3710(a) to purchase or construct a dwelling with 0-down, or any other initial loan described in section 3710(a) other than with 5-down or 10-down (closed on or after April 7, 2023, and b

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 621 — Treatment of deposit insurance and agencies and other insurance programs

**(a) In general** This subchapter shall not apply to the credit or insurance activities of the Federal Deposit Insurance Corporation, National Credit Union Administration, Resolution Trust Corporation, Pension Benefit Guaranty Corporation, National Flood Insurance, National Insurance Development Fund, Crop Insurance, or Tennessee Valley Authority. **(b) Study** The Director and the Director of the Congressional Budget Office shall each study whether the accounting for Federal deposit insurance programs should be on a cash basis on the same basis as loan guarantees, or on a different basis. Each Director shall report findings and recommendations to the President and the Congress on or before May 31, 1991. **(c) Access to data** For the purposes of subsection (b), the Office of Management and Budget and the Congressional Budget Office shall have access to all agency data that may facilitate these studies.

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 2041 — Housing assistance for homeless veterans

**(a)** (1) To assist homeless veterans and their families in acquiring shelter or permanent housing, the Secretary may enter into agreements described in paragraph (2) with— (A) nonprofit organizations, with preference being given to any organization that is the recipient of a grant under section 2011, 2013, 2044, or 2061 of this title; or (B) any State or tribal entity, or any political subdivision thereof. (2) To carry out paragraph (1), the Secretary may enter into agreements to sell, lease, lease with an option to purchase, or donate real property, and improvements thereon, acquired by the Secretary as the result of a default on a loan made, insured, or guaranteed under this chapter. Such sale or lease or donation shall be for such consideration as the Secretary determines is in the best interests of homeless veterans and the Federal Government. (3) The Secretary may enter into an agreement under paragraph (1) of this subsection only if— (A) the Secretary determines that such an action will not adversely affect the ability of the Department— (i) to fulfill its statutory missions with respect to the Department loan guaranty program and the short- and long-term solvency of the Veterans Housing Benefit Program Fund established under [section 3722 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3722&num=0&edition=prelim); or (ii) to carry out other functions and administer other programs authorized by law; (B) the entity to which the property is sold, leased, or donated agrees to— (i) (I) utilize the property solely as a shelter or permanent housing primarily for homeless veterans and their families; or (II) sell or rent the property directly to homeless veterans or veterans at risk

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3723 to 3725 — Repealed. Pub. L. 105–368, title VI, § 602(a)(1), Nov. 11, 1998, 112 Stat. 3345]

### Statutory Notes Section 3723, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1214, § 1823; Pub. L. 86–73, § 4, June 30, 1959, 73 Stat. 156; Pub. L. 86–665, § 4, July 14, 1960, 74 Stat. 532; Pub. L. 87–84, § 3, July 6, 1961, 75 Stat. 202; Pub. L. 88–274, Feb. 29, 1964, 78 Stat. 147; Pub. L. 88–560, title VII, § 701(e)(2), Sept. 2, 1964, 78 Stat. 801; Pub. L. 94–324, §§ 6, 7(27), June 30, 1976, 90 Stat. 721, 722; Pub. L. 97–295, § 4(68), Oct. 12, 1982, 96 Stat. 1310; Pub. L. 97–452, § 2(e)(2), Jan. 12, 1983, 96 Stat. 2479; Pub. L. 99–576, title IV, § 405, Oct. 28, 1986, 100 Stat. 3281; Pub. L. 101–237, title III, § 313(b)(1), (8), (9), Dec. 18, 1989, 103 Stat. 2077, 2078; renumbered § 3723 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406, related to direct loan revolving fund. See [section 3722 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3722&num=0&edition=prelim). Section 3724, added Pub. L. 86–665, § 7(a), July 14, 1960, 74 Stat. 532, § 1824; amended Pub. L. 94–324, § 7(28), June 30, 1976, 90 Stat. 722; Pub. L. 97–72, title III, § 303(j), Nov. 3, 1981, 95 Stat. 1060; Pub. L. 98–369, div. B, title V, § 2511(b), July 18, 1984, 98 Stat. 1117; Pub. L. 99–322, § 2(a), May 23, 1986, 100 Stat. 494; Pub. L. 100–689, title III, § 303, Nov. 18, 1988, 102 Stat. 4177; Pub. L. 101–237, title III, §§ 302(a)(2), (3)(A), (c), 313(b)(1), (2), Dec. 18, 1989, 103 Stat. 2070, 2071, 2077; renumbered § 3724 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406, related to Loan Guaranty Revolving Fund. See [section 3722 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3722&num=0&edition=prelim). Section 3725, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1215, § 1824; re

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3723 to 3725

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3727 — Expenditures to correct or compensate for structural defects in mortgaged homes

**(a)** The Secretary is authorized, with respect to any property improved by a one- to four-family dwelling inspected during construction by the Department of Veterans Affairs or the Federal Housing Administration which the Secretary finds to have structural defects seriously affecting the livability of the property, to make expenditures for (1) correcting such defects, (2) paying the claims of the owner of the property arising from such defects, or (3) acquiring title to the property; except that such authority of the Secretary shall exist only (A) if the owner requests assistance under this section not later than four years (or such shorter time as the Secretary may prescribe) after the mortgage loan was made, guaranteed, or insured, and (B) if the property is encumbered by a mortgage which is made, guaranteed, or insured under this chapter after May 7, 1968. **(b)** The Secretary shall by regulation prescribe the terms and conditions under which expenditures and payments may be made under the provisions of this section, and the Secretary’s decisions regarding such expenditures or payments, and the terms and conditions under which the same are approved or disapproved, shall be final and conclusive, and shall not be subject to judicial review. **(c)** The Secretary is authorized to make expenditures for the purposes of this section from the fund established pursuant to [section 3722 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section3722&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 3722 — Veterans Housing Benefit Program Fund

Page 917 TITLE 38—VETERANS’ BENEFITS § 3722 first section of this Act [amending subsec. (a)(4) of this section]. Such report shall include, together with such other information as the Administrator deems appro- priate, the name and address of each person with re- spect to which a waiver of indebtedness has been made and the total amount of such waiver.’’ ADMINISTRATION OF TRUSTS BY FEDERAL NATIONAL MORTGAGE ASSOCIATION Provision for participation sales and administration of trusts by Federal National Mortgage Association not to be construed as a repeal or modification of the provi- sions of subsection (e) of this section respecting the au- thority of the Administrator of Veterans’ Affairs, see section 6(a) of Pub. L. 89–429, set out as a note under section 1717 of Title 12, Banks and Banking. § 3721. Incontestability Any evidence of guaranty or insurance issued by the Secretary shall be conclusive evidence of the eligibility of the loan for guaranty or insur- ance under the provisions of this chapter and of the amount of such guaranty or insurance. Nothing in this section shall preclude the Sec- retary from establishing, as against the original lender, defenses based on fraud or material mis- representation. The Secretary shall not, by rea- son of anything contained in this section, be barred from establishing, by regulations in force at the date of such issuance or disbursement, whichever is the earlier, partial defenses to the amount payable on the guaranty or insurance. (Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1213, § 1821; Pub. L. 101–237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 3721, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–83 renumbered section 1821 of th

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