View Information Collection Request (ICR) Package

OMB Control No: 2900-0889	ICR Reference No: 202103-2900-023
Status: Historical Inactive	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
OIRA Conclusion Action: Comment filed on proposed rule	Conclusion Date: 05/24/2021
	Date Received in OIRA: 04/21/2021
Terms of Clearance: OMB files comment pursuant to 5 CFR 1320.11(c). VA is reminded to make a timely submission of a final rule PRA package following publication of the final rule.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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.

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

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

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2900-AR05	Proposed rulemaking	85 FR 79142	12/09/2020

Federal Register Notices & Comments
Did the Agency receive public comments on this ICR? No

Number of Information Collection (IC) in this ICR: 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

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

Agency Contact: Maribel Aponte 202 266-4688 maribel.aponte@va.gov

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