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Title 38 — Veterans' BenefitsRelease 119-73

§3730 Use of attorneys in court

Title 38 › Part PART III— - READJUSTMENT AND RELATED BENEFITS › Chapter CHAPTER 37— - HOUSING AND SMALL BUSINESS LOANS › Subchapter SUBCHAPTER III— - ADMINISTRATIVE PROVISIONS › § 3730

Last updated Apr 6, 2026|Official source

Summary

The Secretary must let VA lawyers sue in court to foreclose loans the VA made or bought and to get back property the VA got because of those loans. The Secretary can also hire outside lawyers to do this. Those lawyers must follow the Attorney General’s directions and any rules the Attorney General sets. This does not reduce the Attorney General’s authority under sections 516 and 519 of title 28 to direct and supervise all federal litigation.

Full Legal Text

Title 38, §3730

Veterans' Benefits — Source: USLM XML via OLRC

(a)The Secretary shall authorize attorneys employed by the Department of Veterans Affairs to exercise the right of the United States to bring suit in court to foreclose a loan made or acquired by the Secretary under this chapter and to recover possession of any property acquired by the Secretary under this chapter. The Secretary may acquire the services of attorneys, other than those who are employees of the Department of Veterans Affairs, to exercise that right. The activities of attorneys in bringing suit under this section shall be subject to the direction and supervision of the Attorney General and to such terms and conditions as the Attorney General may prescribe.
(b)Nothing in this section derogates from the authority of the Attorney General under section 516 and 519 of title 28 to direct and supervise all litigation to which the United States or an agency or officer of the United States is a party.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1998—Subsec. (a). Pub. L. 105–368 substituted “The Secretary shall” for “Within 180 days after the date of the enactment of this section, the Secretary shall take appropriate steps to”. 1991—Pub. L. 102–83 renumbered section 1830 of this title as this section. 1989—Subsec. (a). Pub. L. 101–237 substituted “Secretary” and “Department of Veterans Affairs” for “Administrator” and “Veterans’ Administration”, respectively, wherever appearing. 1986—Subsec. (a). Pub. L. 99–576 substituted “The” for “With the concurrence of the Attorney General of the United States, the” in second sentence.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 98–369, div. B, title V, § 2512(c)(3), July 18, 1984, 98 Stat. 1120, provided that: “The

Amendments

made by subsection (b) [enacting this section] shall take effect on the date of the enactment of this Act [July 18, 1984].”

Reference

Citations & Metadata

Citation

38 U.S.C. § 3730

Title 38 — Veterans' Benefits

Last Updated

Apr 6, 2026

Release point: 119-73