dreamproit/uscode huggingface dataset:
38 U.S.C. § 3744 (VETERANS’ BENEFITS)
§ 3744. Approval of loans by the Secretary
(a) Except as provided in subsection (b) of this section, a loan may not be guaranteed under this subchapter unless, before the closing of the loan, it is submitted to the Secretary for approval and the Secretary grants approval.
(b) The Secretary may exempt any lender of a class of lenders listed in section 3702(d) of this title from the prior approval requirement in subsection (a) of this section if the Secretary determines that the experience of such lender or class of lenders warrants such exemption.
(c) The Secretary may at any time upon thirty days’ notice require loans to be made by any lender or class of lenders under this subchapter to be submitted to the Secretary for prior approval. No guaranty shall exist with respect to any such loan unless evidence of the guaranty is issued by the Secretary.
(Added Pub. L. 97–72, title III, § 302(a), Nov. 3, 1981, 95 Stat. 1057, § 1844; amended Pub. L. 101–237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 3744 and amended Pub. L. 102–83, § 5(a), (c)(1), Aug. 6, 1991, 105 Stat. 406.)
heading: Amendments
text: 1991—Pub. L. 102–83, § 5(a), renumbered section 1844 of this title as this section.
Subsec. (b). Pub. L. 102–83, § 5(c)(1), substituted “3702(d)” for “1802(d)”.
1989—Pub. L. 101–237 substituted “Secretary” for “Administrator” in section catchline and wherever appearing in text.
38 U.S.C. § 3745 (VETERANS’ BENEFITS)
§ 3745. Interest on loans
(a) Loans guaranteed under this subchapter shall bear interest not in excess of such rate as the Secretary may from time to time find the loan market demands. In establishing the rate of interest that shall be applicable to such loans, the Secretary shall consult with the Administrator of the Small Business Administration.
(b) The rate of interest on any direct loan made by the Secretary under this subchapter may not exceed the maximum rate in effect under subsection (a) of this section at the time the direct loan is made.
(Added Pub. L. 97–72, title III, § 302(a), Nov. 3, 1981, 95 Stat. 1058, § 1845; amended Pub. L. 101–237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 3745 and amended Pub. L. 102–83, §§ 4(b)(1), (2)(E), 5(a), Aug. 6, 1991, 105 Stat. 404–406; Pub. L. 103–446, title XII, § 1201(a)(3), Nov. 2, 1994, 108 Stat. 4682.)
heading: Amendments
text: 1994—Subsec. (a). Pub. L. 103–446 substituted “Administrator” for “Secretary” before “of the Small Business Administration”.
1991—Pub. L. 102–83, § 5(a), renumbered section 1845 of this title as this section.
Subsec. (a). Pub. L. 102–83, § 4(b)(1), (2)(E), substituted “Secretary” for “Administrator” before “of the Small Business Administration”.
1989—Pub. L. 101–237 substituted “Secretary” for “Administrator” wherever appearing other than third place it appears in subsec. (a).
38 U.S.C. § 3746 (VETERANS’ BENEFITS)
§ 3746. Maturity of loans
The maturity of a loan made or guaranteed under this subchapter that is used in whole or in part for the construction, conversion, or expansion of facilities or for acquisition of real property may not exceed twenty years plus such additional reasonable time as the Secretary may determine, at the time the loan is made, is required to complete the construction, acquisition, or expansion of such facilities. The maturity of any other loan made or guaranteed under this subchapter may not exceed ten years.
(Added Pub. L. 97–72, title III, § 302(a), Nov. 3, 1981, 95 Stat. 1058, § 1846; amended Pub. L. 101–237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 3746, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
heading: Amendments
text: 1991—Pub. L. 102–83 renumbered section 1846 of this title as this section.
1989—Pub. L. 101–237 substituted “Secretary” for “Administrator”.
38 U.S.C. § 3747 (VETERANS’ BENEFITS)
§ 3747. Eligible financial institutions
The Secretary may not guarantee under this subchapter a loan made by an entity not subject to examination and supervision by an agency of the United States or of a State.
(Added Pub. L. 97–72, title III, § 302(a), Nov. 3, 1981, 95 Stat. 1058, § 1847; amended Pub. L. 101–237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 3747, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
heading: Amendments
text: 1991—Pub. L. 102–83 renumbered section 1847 of this title as this section.
1989—Pub. L. 101–237 substituted “Secretary” for “Administrator”.
38 U.S.C. § 3748 (VETERANS’ BENEFITS)
§ 3748. Preference for disabled veterans
In the extension of financial assistance under this subchapter, the Secretary shall give preference, first, to veterans’ small business concerns in which disabled veterans who have successfully completed a vocational rehabilitation program for self-employment in a small business enterprise under chapter 31 of this title have a significant ownership interest, and, second, to veterans’ small business concerns in which other disabled veterans have a significant ownership interest.
(Added Pub. L. 97–72, title III, § 302(a), Nov. 3, 1981, 95 Stat. 1058, § 1848; amended Pub. L. 101–237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 3748, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
heading: Amendments
text: 1991—Pub. L. 102–83 renumbered section 1848 of this title as this section.
1989—Pub. L. 101–237 substituted “Secretary” for “Administrator”.
38 U.S.C. § 3749 (VETERANS’ BENEFITS)
§ 3749. Revolving fund
(a) There is established in the Treasury a revolving fund to be known as the “Department of Veterans Affairs Small Business Loan Revolving Fund” (hereinafter in this section referred to as the “fund”).
(b) Amounts in the fund shall be available to the Secretary without fiscal year limitation for all loan guaranty and direct loan operations under this subchapter other than administrative expenses and may not be used for any other purpose.
(c)
(1) There is authorized to be appropriated to the fund a total of $25,000,000.
(2) There shall be deposited into the fund all amounts received by the Secretary derived from loan operations under this subchapter, including all collection of principal and interest and the proceeds from the use of property held or of property sold.
(d) The Secretary shall determine annually whether there has developed in the fund a surplus which, in the Secretary’s judgment, is more than necessary to meet the needs of the fund. Any such surplus shall immediately be transferred into the general fund of the Treasury.
(e) Not later than two years after the termination of the authority of the Secretary to make new commitments for financial assistance under this subchapter, the Secretary shall transfer into the general fund of the Treasury all amounts in the fund except those that the Secretary determines may be required for the liquidation of obligations under this subchapter. All amounts received thereafter derived from loan operations under this subchapter, except so much thereof as the Secretary may determine to be necessary for liquidating outstanding obligations under this subchapter, shall also be so deposited.
(Added Pub. L. 97–72, title III, § 302(a), Nov. 3, 1981, 95 Stat. 1058, § 1849; amended Pub. L. 99–576, title VII, § 702(11), Oct. 28, 1986, 100 Stat. 3302; Pub. L. 101–237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 3749 and amended Pub. L. 102–83, §§ 4(a)(2)(B)(v), 5(a), Aug. 6, 1991, 105 Stat. 403, 406.)
heading: Amendments
text: 1991—Pub. L. 102–83, § 5(a), renumbered section 1849 of this title as this section.
Subsec. (a). Pub. L. 102–83, § 4(a)(2)(B)(v), substituted “Department of Veterans Affairs” for “Veterans’ Administration”.
1989—Subsecs. (b) to (e). Pub. L. 101–237 substituted “Secretary” and “Secretary’s” for “Administrator” and “Administrator’s”, respectively, wherever appearing.
1986—Subsec. (c)(1). Pub. L. 99–576 substituted “There” for “Effective for fiscal year 1982 and fiscal years thereafter, there”.
38 U.S.C. § 3750 (VETERANS’ BENEFITS)
§ 3750. Incorporation of other provisions by the Secretary
The Secretary may provide that the provisions of sections of other subchapters of this chapter that are not otherwise applicable to loans made or guaranteed under this subchapter shall be applicable to loans made or guaranteed under this subchapter. The Secretary shall exercise authority under the preceding sentence by regulations prescribed after publication in the Federal Register and a period of not less than thirty days for public comment.
(Added Pub. L. 97–72, title III, § 302(a), Nov. 3, 1981, 95 Stat. 1059, § 1850; amended Pub. L. 101–237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 3750, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
heading: Amendments
text: 1991—Pub. L. 102–83 renumbered section 1850 of this title as this section.
1989—Pub. L. 101–237 substituted “Secretary” for “Administrator” in section catchline and wherever appearing in text.
38 U.S.C. § 3751 (VETERANS’ BENEFITS)
§ 3751. Termination of program
The Secretary may not make commitments for financial assistance under this subchapter after September 30, 1986.
(Added Pub. L. 97–72, title III, § 302(a), Nov. 3, 1981, 95 Stat. 1059, § 1851; amended Pub. L. 101–237, title III, § 313(b)(1), Dec. 18, 1989, 103 Stat. 2077; renumbered § 3751, Pub. L. 102–83, § 5(a), Aug. 6, 1991, 105 Stat. 406.)
heading: Amendments
text: 1991—Pub. L. 102–83 renumbered section 1851 of this title as this section.
1989—Pub. L. 101–237 substituted “Secretary” for “Administrator”.
38 U.S.C. § 3763 (VETERANS’ BENEFITS)
§ 3763. Native American Veteran Housing Loan Program Account
(a) There is hereby established in the Treasury of the United States an account known as the “Native American Veteran Housing Loan Program Account” (hereinafter in this subchapter referred to as the “Account”).
(b) The Account shall be available to the Secretary to carry out all operations relating to the making of direct housing loans to Native American veterans under this subchapter, including any administrative expenses relating to the making of such loans. Amounts in the Account shall be available without fiscal year limitation.
(Added Pub. L. 102–547, § 8(a), Oct. 28, 1992, 106 Stat. 3639; amended Pub. L. 105–368, title VI, § 602(e)(3)(B), Nov. 11, 1998, 112 Stat. 3347; Pub. L. 107–14, § 8(a)(16), June 5, 2001, 115 Stat. 35.)
heading: Amendments
text: 2001—Subsec. (a). Pub. L. 107–14 substituted “hereinafter” for “hereafter”.
1998—Pub. L. 105–368 substituted “Native American Veteran Housing Loan Program Account” for “Housing loan program account” in section catchline.
heading: Effective Date of 1998 Amendment
text: 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.
38 U.S.C. § 3764 (VETERANS’ BENEFITS)
§ 3764. Qualified non-Native American veterans
(a) Treatment of Non-Native American Veterans.—
Subject to the succeeding provisions of this section, for purposes of this subchapter—
(1) a qualified non-Native American veteran is deemed to be a Native American veteran; and
(2) for purposes of applicability to a non-Native American veteran, any reference in this subchapter to the jurisdiction of a tribal organization over a Native American veteran is deemed to be a reference to jurisdiction of a tribal organization over the Native American spouse of the qualified non-Native American veteran.
(b) Use of Loan.—
In making direct loans under this subchapter to a qualified non-Native American veteran by reason of eligibility under subsection (a), the Secretary shall ensure that the tribal organization permits, and the qualified non-Native American veteran actually holds, possesses, or purchases, using the proceeds of the loan, jointly with the Native American spouse of the qualified non-Native American veteran, a meaningful interest in the lot, dwelling, or both, that is located on trust land.
(c) Restrictions Imposed by Tribal Organizations.—
Nothing in subsection (b) shall be construed as precluding a tribal organization from imposing reasonable restrictions on the right of the qualified non-Native American veteran to convey, assign, or otherwise dispose of such interest in the lot or dwelling, or both, if such restrictions are designed to ensure the continuation in trust status of the lot or dwelling, or both. Such requirements may include the termination of the interest of the qualified non-Native American veteran in the lot or dwelling, or both, upon the dissolution of the marriage of the qualified non-Native American veteran to the Native American spouse.
(Added Pub. L. 109–233, title I, § 104(a)(2), June 15, 2006, 120 Stat. 401.)
heading: Prior Provisions
text: A prior section 3764 was renumbered section 3765 of this title.
38 U.S.C. § 3765 (VETERANS’ BENEFITS)
§ 3765. Definitions
For the purposes of this subchapter—
(1) The term “trust land” means any land that—
(A) is held in trust by the United States for Native Americans;
(B) is subject to restrictions on alienation imposed by the United States on Indian lands (including native Hawaiian homelands);
(C) is owned by a Regional Corporation or a Village Corporation, as such terms are defined in section 3(g) and 3(j) of the Alaska Native Claims Settlement Act, respectively (43 U.S.C. 1602(g), (j)); or
(D) is on any island in the Pacific Ocean if such land is, by cultural tradition, communally-owned land, as determined by the Secretary.
(2) The term “Native American veteran” means any veteran who is a Native American.
(3) The term “Native American” means—
(A) an Indian, as defined in section 4(d) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(d));
(B) a native Hawaiian, as that term is defined in section 201(a)(7) of the Hawaiian Homes Commission Act, 1920 (Public Law 67–34; 42 Stat. 108);
(C) an Alaska Native, within the meaning provided for the term “Native” in section 3(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(b)); and
(D) a Pacific Islander, within the meaning of the Native American Programs Act of 1974 (42 U.S.C. 2991 et seq.).
(4) The term “tribal organization” shall have the meaning given such term in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(l)) and shall include the Department of Hawaiian Homelands, in the case of native Hawaiians, and such other organizations as the Secretary may prescribe.
(5) The term “qualified non-Native American veteran” means a veteran who—
(A) is the spouse of a Native American, but
(B) is not a Native American.
(Added Pub. L. 102–547, § 8(a), Oct. 28, 1992, 106 Stat. 3639, § 3764; renumbered § 3765 and amended Pub. L. 109–233, title I, § 104(a)(1), (b), June 15, 2006, 120 Stat. 401, 402.)
heading: References in Text
text: Section 201(a)(7) of the Hawaiian Homes Commission Act, 1920, referred to in par. (3)(B), was classified to section 692 of Title 48, Territories and Insular Possessions, and was omitted from the Code.
The Native American Programs Act of 1974, referred to in par. (3)(D), is title VIII of Pub. L. 88–452, as added by Pub. L. 93–644, § 11, Jan. 4, 1975, 88 Stat. 2324, which is classified generally to subchapter VIII (§ 2991 et seq.) of chapter 34 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 2991 of Title 42 and Tables.
heading: Amendments
text: 2006—Pub. L. 109–233, § 104(a)(1), renumbered section 3764 of this title as this section.
Par. (5). Pub. L. 109–233, § 104(b), added par. (5).
38 U.S.C. § 3771 (VETERANS’ BENEFITS)
[§ 3771. Repealed. Pub. L. 107–95, § 5(d)(3), Dec. 21, 2001, 115 Stat. 918]
text: Section, added Pub. L. 105–368, title VI, § 601(a), Nov. 11, 1998, 112 Stat. 3342; amended Pub. L. 106–400, § 2, Oct. 30, 2000, 114 Stat. 1675, defined terms “veteran”, “homeless veteran”, and “homeless individual”, for purposes of this subchapter.
38 U.S.C. § 4110B (VETERANS’ BENEFITS)
§ 4110B. Coordination and nonduplication
In carrying out this chapter, the Secretary shall require that an appropriate administrative entity in each State enter into an agreement with the Secretary regarding the implementation of the Workforce Investment Act of 1998 that includes the description and information described in paragraphs (8) and (14) of section 112(b) of the Workforce Investment Act of 1998 (29 U.S.C. 2822(b)).
(Added Pub. L. 105–220, title III, § 322, Aug. 7, 1998, 112 Stat. 1087; amended Pub. L. 109–233, title V, § 503(13), June 15, 2006, 120 Stat. 417.)
heading: References in Text
text: The Workforce Investment Act of 1998, referred to in text, is Pub. L. 105–220, Aug. 7, 1998, 112 Stat. 936, as amended. For complete classification of this Act to the Code, see Short Title note set out under section 9201 of Title 20, Education, and Tables.
heading: Amendments
text: 2006—Pub. L. 109–233 substituted “implementation of the Workforce Investment Act of 1998” for “implementation of this Act” and inserted “(29 U.S.C. 2822(b))” before period at end.
38 U.S.C. § 4111 (VETERANS’ BENEFITS)
[§ 4111. Repealed. Pub. L. 107–95, § 5(e)(3), Dec. 21, 2001, 115 Stat. 918]
text: Section, added Pub. L. 106–117, title IX, § 901(a), Nov. 30, 1999, 113 Stat. 1586, related to homeless veterans’ reintegration programs.
heading: Prior Provisions
text: Prior section 4111, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1247; Pub. L. 87–793, § 804, Oct. 11, 1962, 76 Stat. 861; Pub. L. 89–785, title I, § 108, Nov. 7, 1966, 80 Stat. 1370; Pub. L. 98–160, title II, § 206, Nov. 21, 1983, 97 Stat. 1001, related to appointment of additional employees, prior to repeal by Pub. L. 102–40, title IV, § 401(a)(3), May 7, 1991, 105 Stat. 210. See section 7408 of this title.
38 U.S.C. § 4113 (VETERANS’ BENEFITS)
§ 4113. Transition Assistance Program personnel
(a) Requirement to Contract.—
In accordance with section 1144 of title 10, the Secretary shall enter into a contract with an appropriate private entity or entities to provide the functions described in subsection (b) at all locations where the program described in such section is carried out.
(b) Functions.—
Contractors under subsection (a) shall provide to members of the Armed Forces who are being separated from active duty (and the spouses of such members) the services described in section 1144(a)(1) of title 10, including the following:
(1) Counseling.
(2) Assistance in identifying employment and training opportunities and help in obtaining such employment and training.
(3) Assessment of academic preparation for enrollment in an institution of higher learning or occupational training.
(4) Other related information and services under such section.
(5) Such other services as the Secretary considers appropriate.
(Added Pub. L. 108–183, title III, § 309(a)(1), Dec. 16, 2003, 117 Stat. 2663; amended Pub. L. 109–233, title IV, § 402(e)(2), June 15, 2006, 120 Stat. 411; Pub. L. 112–56, title II, § 223(a)(1), Nov. 21, 2011, 125 Stat. 717.)
heading: Prior Provisions
text: A prior section 4113, Pub. L. 85–857, Sept. 2, 1958, 72 Stat. 1247; Pub. L. 89–785, title I, § 110, Nov. 7, 1966, 80 Stat. 1371; Pub. L. 94–581, title I, § 110(9), title II, § 209(a)(5), (c)(5), Oct. 21, 1976, 90 Stat. 2849, 2860, 2862, related to travel expenses of employees prior to repeal by Pub. L. 102–40, title IV, § 401(a)(3), May 7, 1991, 105 Stat. 210. See section 7424 of this title.
heading: Amendments
text: 2011—Pub. L. 112–56 amended section generally. Prior to amendment, section related to outstationing of Transition Assistance Program personnel.
2006—Subsec. (a)(2). Pub. L. 109–233 substituted “section 6304(a)” for “section 7723(a)”.
heading: Deadline for Implementation
text: Pub. L. 112–56, title II, § 223(b), Nov. 21, 2011, 125 Stat. 718, provided that: “The Secretary of Labor shall enter into the contract required by section 4113 of title 38, United States Code, as added by subsection (a), not later than two years after the date of the enactment of this Act [Nov. 21, 2011].”
Pub. L. 108–183, title III, § 309(b), Dec. 16, 2003, 117 Stat. 2663, provided that: “Not later than 90 days after the date of the enactment of this Act [Dec. 16, 2003], the Secretary of Labor shall implement section 4113 of title 38, United States Code, as added by subsection (a), and shall have employees of the Veterans’ Employment and Training Service, or contractors, to carry out that section at the military installations involved by such date.”
38 U.S.C. § 4302 (VETERANS’ BENEFITS)
§ 4302. Relation to other law and plans or agreements
(a) Nothing in this chapter shall supersede, nullify or diminish any Federal or State law (including any local law or ordinance), contract, agreement, policy, plan, practice, or other matter that establishes a right or benefit that is more beneficial to, or is in addition to, a right or benefit provided for such person in this chapter.
(b) This chapter supersedes any State law (including any local law or ordinance), contract, agreement, policy, plan, practice, or other matter that reduces, limits, or eliminates in any manner any right or benefit provided by this chapter, including the establishment of additional prerequisites to the exercise of any such right or the receipt of any such benefit.
(Added Pub. L. 103–353, § 2(a), Oct. 13, 1994, 108 Stat. 3150.)
heading: Prior Provisions
text: A prior section 4302, added Pub. L. 93–508, title IV, § 404(a), Dec. 3, 1974, 88 Stat. 1596, § 2022; amended Pub. L. 97–295, § 4(71), Oct. 12, 1982, 96 Stat. 1310; Pub. L. 98–620, title IV, § 402(36), Nov. 8, 1984, 98 Stat. 3360; renumbered § 4302 and amended Pub. L. 102–568, title V, § 506(a), (c)(1), Oct. 29, 1992, 106 Stat. 4340, 4341, related to procedures to enforce reemployment rights, prior to the general amendment of this chapter by Pub. L. 103–353. This section, as in effect on the day before Oct. 13, 1994, continues to apply to reemployments initiated before the end of the 60-day period beginning Oct. 13, 1994, see section 8 of Pub. L. 103–353, as amended, set out as an Effective Date under section 4301 of this title.
Another prior section 4302 was renumbered section 7602 of this title.
heading: Effective Date
text: Section effective with respect to reemployments initiated on or after the first day after the 60-day period beginning Oct. 13, 1994, with transition rules, see section 8 of Pub. L. 103–353, set out as a note under section 4301 of this title.