COVID-19 Veterans Assistance Partial Claim Payment program UNDER 38 C.F.R. 36.4803, 38.4805, 38.4806, and 38.4807

Forms and Documents

Document Name	Status
SupportingStatement_2900-XXXX_Partial_Claim-newAR05.docx Supporting Statement A	2021-03-24

IC Document Collections

IC ID	Document Title	Status

ICR Details

OMB Control No:	ICR Reference No: 202103-2900-023
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: VA	Agency Tracking No: VBA-LGY-YA
Title: COVID-19 Veterans Assistance Partial Claim Payment program UNDER 38 C.F.R. 36.4803, 38.4805, 38.4806, and 38.4807
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 04/21/2021

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	63,236	0
Time Burden (Hours)	94,854	0
Cost Burden (Dollars)	1,551,898	0

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Abstract: VA is initiating a temporary program via rulemaking for veterans with VA-guaranteed or insured loans who requested forbearance under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), including forbearance granted to a veteran for a financial hardship due, directly or indirectly, to the COVID-19 national emergency. To implement the COVID-19 Veterans Assistance Partial Claim Payment program (COVID-VAPCP), VA relies on its loss-mitigation authority for helping veterans retain their homes. Under this program, a servicer may consider a partial claim option when evaluating loss-mitigation for a veteran exiting a COVID-19 forbearance. For veterans and servicers who participate in the program, the servicer is required to originate a new loan repayable to VA and provide documentation to VA. This collection of information is necessary to ensure that veterans and servicers can comply with VA regulatory requirements proposed at 38 C.F.R. §§ 36.4803, 36.4805, 38.4806, and 38.4807.

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Authorizing Statute(s): US Code: 38 USC 3720
   US Code: 38 USC 3732
  

Citations for New Statutory Requirements: US Code: 38 USC 3720
US Code: 38 USC 3732

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2900-AF05	Proposed rulemaking	85 FR 79142	12/09/2020

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 0

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	63,236	0	0	63,236	0	0
Annual Time Burden (Hours)	94,854	0	0	94,854	0	0
Annual Cost Burden (Dollars)	1,551,898	0	0	1,551,898	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: VA is initiating a temporary program via rulemaking for veterans with VA-guaranteed or insured loans who requested forbearance under the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), including forbearance granted to a veteran for a financial hardship due, directly or indirectly, to the COVID-19 national emergency. To implement the COVID-19 Veterans Assistance Partial Claim Payment program (COVID-VAPCP), VA relies on its loss-mitigation authority for helping veterans retain their homes. Under this program, a servicer may consider a partial claim option when evaluating loss-mitigation for a veteran exiting a COVID-19 forbearance. For veterans and servicers who participate in the program, the servicer is required to originate a new loan repayable to VA and provide documentation to VA. This collection of information is necessary to ensure that veterans and servicers can comply with VA regulatory requirements proposed at 38 C.F.R. §§ 36.4803, 36.4805, 38.4806, and 38.4807. The new collection of information in proposed 38 CFR 36.4803 requires the veteran to execute all loan documents necessary to establish an obligation to repay the Secretary for the partial claim payment. In § 36.4805, the servicer is required to prepare a note and security instrument in favor of “the Secretary of Veterans Affairs, an Officer of the United States.” VA requires that the note be consistent with the terms described in § 36.4806 and include all borrowers who are obligated on the guaranteed loan. The security instrument is required to include all non-borrowers who have an interest in the property securing the guaranteed loan. The servicer is required to submit to the Secretary the application for partial claim payment, as prescribed in § 36.4807. In § 36.4806, VA requires the veteran to execute a note and security instrument in favor of “the Secretary of Veterans Affairs, an Officer of the United States.” VA requires specific terms in the note and security instrument. In § 36.4807, VA requires the servicer to provide VA with the original note, required by § 36.4805. VA also requires the servicer to provide VA with the original security instrument and evidence of recordation not later than 180 days following the date the security instrument is executed. If the recording authority causes a delay, VA allows the servicer to request an extension of time, in writing, from VA. Finally, in § 36.4807, the servicer is required to report information related to the partial claim event to VA electronically; this information, however, has been included as a revision to an already approved information collection for VA’s electronic loan servicing system (OMB control number 2900-0021). Legal Statutes: 38 USC 3720, 3732 Regulatory References: 38 CFR 36.4803, .4805, .4806, and .4807 Number of Respondents: 63,236 Burden Hours: 94,854

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Annual Cost to Federal Government: $1,292,860

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     Yes

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Yes

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 04/21/2021

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