38 U.S.C. § 3741 — Definitions

Page 935 TITLE 38—VETERANS’ BENEFITS § 3742 1998—Pub. L. 105–368, § 602(e)(3)(A), substituted ‘‘Vet- erans Housing Benefit Program Fund and housing pro- grams’’ for ‘‘Loan Guaranty Revolving Fund and the Guaranty and Indemnity Fund’’ in section catchline. Subsec. (a)(1). Pub. L. 105–368, § 602(e)(1)(F)(i)(I), sub- stituted ‘‘Veterans Housing Benefit Program Fund’’ for ‘‘Loan Guaranty Revolving Fund and the Guaranty and Indemnity Fund’’. Subsec. (a)(2). Pub. L. 105–368, § 602(e)(1)(F)(i)(II), sub- stituted ‘‘fund,’’ for ‘‘funds,’’ in introductory provi- sions. Subsec. (b). Pub. L. 105–368, § 602(e)(1)(F)(ii), sub- stituted ‘‘the fund’’ for ‘‘each fund’’ in introductory provisions. Subsec. (b)(2)(B) to (G). Pub. L. 105–368, § 602(e)(1)(F)(iii), redesignated subpars. (C) to (G) as (B) to (F), respectively, in subpar. (B), substituted ‘‘section 3729(a)(3)’’ for ‘‘subsections (a)(3) and (c)(2) of section 3729’’, and struck out former subpar. (B) which read as follows: ‘‘Federal Government contributions made under clauses (A) and (B) of section 3725(c)(2) of this title.’’ Subsec. (c). Pub. L. 105–368, § 602(d), added subsec. (c). 1991—Pub. L. 102–83, § 5(a), renumbered section 1834 of this title as this section. Subsec. (b)(2). Pub. L. 102–83, § 5(c)(1), substituted ‘‘3729(a)’’ for ‘‘1829(a)’’ and ‘‘3729(b)’’ for ‘‘1829(b)’’ in subpar. (A), ‘‘3725(c)(2)’’ for ‘‘1825(c)(2)’’ in subpar. (B), and ‘‘3729’’ for ‘‘1829’’ in subpar. (C). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–368 effective Oct. 1, 1998, see section 602(f) of Pub. L. 105–368, set out as a note under section 2106 of this title. [§ 3735. Renumbered § 2041] § 3736. Reporting requirements The annual report required by section 529 of this title shall include a discussion of the activi- ties under this chapter. Beginning with the re- port submitted at the close of fiscal year 1996, and every second year thereafter, this discussion shall include information regarding the fol- lowing: (1) Loans made to veterans whose only quali- fying service was in the Selected Reserve. (2) Interest rates and discount points which were negotiated between the lender and the veteran pursuant to section 3703(c)(4)(A)(i) of this title. (3) The determination of reasonable value by lenders pursuant to section 3731(f) of this title. (4) Loans that include funds for energy effi- ciency improvements pursuant to section 3710(a)(10) of this title. (5) Direct loans to Native American veterans made pursuant to subchapter V of this chap- ter. (Added Pub. L. 104–110, title II, § 201(a)(1), Feb. 13, 1996, 110 Stat. 770.) SUBCHAPTER IV—SMALL BUSINESS LOANS § 3741. Definitions For the purposes of this subchapter— (1) The term ‘‘disabled veteran’’ means (A) a veteran who is entitled to compensation under laws administered by the Secretary for a dis- ability rated at 30 percent or more, or (B) a veteran whose discharge or release from active duty was for a disability incurred or aggra- vated in line of duty. (2) The term ‘‘veteran of the Vietnam era’’ means a person (A) who served on active duty for a period of more than 180 days, any part of which occurred during the Vietnam era, and who was discharged or released therefrom with other than a dishonorable discharge, or (B) who was discharged or released from active duty for a service-connected disability if any part of such active duty was performed during the Vietnam era. (Added Pub. L. 97–72, title III, § 302(a), Nov. 3, 1981, 95 Stat. 1055, § 1841; amended Pub. L. 99–576, title VII, § 702(9), Oct. 28, 1986, 100 Stat. 3302; re- numbered § 3741 and amended Pub. L. 102–83, §§ 4(a)(1), 5(a), Aug. 6, 1991, 105 Stat. 403, 406.) Editorial Notes AMENDMENTS 1991—Pub. L. 102–83, § 5(a), renumbered section 1841 of this title as this section. Par. (1). Pub. L. 102–83, § 4(a)(1), substituted ‘‘adminis- tered by the Secretary’’ for ‘‘administered by the Vet- erans’ Administration’’. 1986—Pub. L. 99–576 substituted ‘‘percent’’ for ‘‘per centum’’ in par. (1) and ‘‘180’’ for ‘‘one hundred and eighty’’ in par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 97–72, title III, § 305, Nov. 3, 1981, 95 Stat. 1060, provided that: ‘‘The amendments made by this title [see Tables for classification] shall take effect at the end of the one-hundred-and-eighty-day period begin- ning on the date of the enactment of this Act [Nov. 3, 1981], except that the authority of the Administrator of Veterans’ Affairs to promulgate regulations under sub- chapter IV of chapter 37 of title 38, United States Code (as added by section 302), shall take effect on such date of enactment.’’ SHORT TITLE For short title of title III of Pub. L. 97–72, which en- acted this subchapter, as the ‘‘Veterans’ Small Busi- ness Loan Act of 1981’’, see section 301 of Pub. L. 97–72, set out as a Short Title of 1981 Amendments note under section 101 of this title. AUTHORIZATION OF APPROPRIATIONS Pub. L. 97–72, title III, § 304, Nov. 3, 1981, 95 Stat. 1060, authorized to be appropriated a total of $750,000 for fis- cal years 1982 through 1986 for use by Administrator of Veterans’ Affairs for expenses incidental to establish- ment of small business loan program authorized by sub- chapter IV of this chapter. § 3742. Small business loan program (a)(1) Subject to subsection (b) of this section, the Secretary may provide financial assistance to veterans’ small business concerns for the pur- pose of (A) financing plant construction, conver- sion, or expansion (including the acquisition of land), (B) financing the acquisition of equip- ment, facilities, machinery, supplies, or mate- rials, or (C) supplying such concerns with work- ing capital. (2) Subject to paragraph (3)(A) of this sub- section, financial assistance under this section may be provided in the form of (A) loan guaran- ties, or (B) direct loans. (3) The Secretary shall specify in regulations the criteria to be met for a business concern to