,,ib ,union ,calendar ,no4 #gg #aaith ,,congress #ast ,session ,h4 ,r4 #ahae ,report ,no4 #aai-ajd ,,in ,,the ,,house ,,of ,,representatives ,march #c1 #bjbe,mr4 ,van ,orden introduced the following bill2 which was referred to the ,committee on ,veterans' ,affairs ,may #ai1 #bjbe,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed,strike out all after the enacting clause and insert the part printed in italic,for text of introduced bill1 see copy of bill as introduced on ,march #c1 #bjbe ,a ,,bill ,to amend title #ch1 ,united ,states ,code1 to authorize the ,secretary of ,veterans ,affairs to take certain actions in the case of a default on a home loan guaranteed by the ,secretary1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,va ,home ,loan ,program ,reform ,act4 #b4 ,authority of the ,secretary of ,veterans ,affairs to take certain actions in the case of a default on a home loan guaranteed by the ,secretary 7a7 ,in general ,section #cgcb of title #ch1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking obligation each place it appears and inserting loan2 7,b7 in paragraph 7#b7-- 7i7 by amending subparagraph 7,a7 to read as follows3 7,a7 ,the ,secretary may1 under terms and conditions determined by the ,secretary-- 7i7 pay the holder of a loan guaranteed under this chapter an amount necessary to avoid the foreclosure of such loan2 7ii7 require the holder of the loan and the veteran obligated on the loan to execute all documents necessary to ensure the ,secretary obtains a secured interest in the property covered by the loan2 and 7iii7 require the holder of the loan to take any actions necessary to carry out this paragraph1 including preparing1 executing1 transmitting1 receiving1 and recording documents1 and requiring the holder of the loan to place the loan in forbearance4 2 7ii7 in subparagraph 7,b71 by striking obligation each place it appears and inserting housing loan2 and 7iii7 by adding at the end the following new subparagraphs3 7,c7 7i7 ,any decision by the ,secretary under this paragraph is final and is not subject to judicial review4 7ii7 ,for purposes of section #eaa of this title1 any decision under this paragraph shall not be treated as a decision under a law that affects the provision of benefits4 7,d7 7i7 ,the ,secretary may establish standards for processing payments under this paragraph based on a certification by a holder of a loan guaranteed under this chapter that the holder has complied with all applicable requirements established by the ,secretary4 7ii7 ,the ,secretary shall carry out1 on a random-sampling basis1 post-payment audits to ensure compliance with all requirements described in clause 7i74 2 and 7,c7 in paragraph 7#e71 by striking obligation and inserting loan2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking subsection-- and inserting subsection32 and 7,b7 in paragraph 7#aj77;,b77i71 by striking forebearance each place it appears and inserting forbearance2 and 7#c7 by adding at the end the following new subsection3 7d7 ,the ,secretary shall prescribe loss mitigation procedures1 including a mandatory sequence in which the holder of a loan guaranteed under this chapter shall offer loss mitigation options 7including an option to enter into a partial claim agreement under the ,,va ,home ,loan ,program ,reform ,act7 to a veteran1 to help prevent the foreclosure of such loan4 ,the ,secretary may not purchase an entire such loan until the veteran has completed such sequence4 4 7b7 ,relationship to other powers of ,secretary ,section #cgbj of such title is amended-- 7#a7 in subsection 7a71 by striking ,notwithstanding and inserting ,except as provided in subsection 7h71 notwithstanding2 7#b7 by redesignating subsections 7f7 through 7h7 as subsections 7e7 through 7g71 respectively2 and 7#c7 by adding at the end the following new subsection 7h73 7h7 ,the ,secretary may not take any action under paragraph 7#b71 7#c71 7#d71 or 7#e7 of subsection 7a7 with respect to a loan guaranteed under this chapter before the completion of the sequence of mitigation options offered to the veteran to whom the loan is made under section #cgcb7;d7 of this title4 4 #c4 ,partial ,claim ,program of the ,department of ,veterans ,affairs 7a7 ,in general ,subchapter ,,iii of chapter #cg of title #ch1 ,united ,states ,code1 is amended by adding at the end the following new section3 #cgcg4 ,partial ,claim ,program 7a7 ,establishment ,the ,secretary shall carry out a program1 to be known as the ,partial ,claim ,program1 under which the ,secretary may make a partial claim1 described in subsection 7b71 with respect to a loan-- 7#a7 guaranteed under this chapter2 7#b7 regarding the primary residence of the borrower2 and 7#c7 that the ,secretary determines is in default or at imminent risk of default4 7b7 ,partial claim described ,a partial claim described in this subsection1 with respect to a loan described in subsection 7a71 is the purchase by the ,secretary of a portion of indebtedness under the loan1 through a transaction under which the ,secretary-- 7#a7 pays to the holder of the loan the amount of indebtedness1 subject to subsection 7c71 that the ,secretary determines necessary to help prevent or resolve a default2 and 7#b7 receives a secured interest in the property that serves as collateral for the guaranteed loan1 which is subordinate to the first lien guaranteed loan for such property4 7c7 ,administration of partial claim 7#a7 7,a7 ,subject to subparagraph 7,b71 the amount of a partial claim under this section with respect to a loan guaranteed described in subsection 7a7 may not exceed #be percent of the unpaid principal balance of the loan on the date on which the partial claim is made4 7,b7 ,in the case of an individual who failed to make a payment on a loan guaranteed under this chapter during the period beginning on ,march #a1 #bjbj and ending on ,may #a1 #bjbe1 the amount of a partial claim under this section may not exceed #cj percent of the unpaid principal balance of the guaranteed loan as of the date that the initial partial claim is made4 7#b7 7,a7 ,subject to subparagraph 7,b71 the ,secretary may make only one partial claim per loan4 7,b7 ,the ,secretary may make an additional partial claim on a loan guaranteed under this chapter in the case of an individual who failed to make a payment on such loan during-- 7i7 a major disaster declared by the ,president under section #dja of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj72 or 7ii7 the period of #abj days following such a major disaster4 7#c7 ,an amount paid to the holder of a loan as a partial claim-- 7,a7 shall not count against the amount of a loan that may otherwise be guaranteed under this chapter2 and 7,b7 may not be applied to the portion of the loan that is guaranteed under this chapter4 7#d7 ,a holder of a loan guaranteed under such chapter for which the ,secretary makes a partial claim under this section shall apply the amount paid by the ,secretary for the partial claim first to arrearages1 if any1 on the guaranteed loan4 ,such arrearages may include any additional costs 7such as taxes1 insurance premiums1 or homeowner's dues7 the ,secretary determines necessary to prevent or resolve a default4 7#e7 ,the ,secretary may enter into a contract with an appropriate entity for the service of a partial claim made by the ,secretary under this section4 ,any such contract shall provide that such entity shall provide quarterly statements to the holder of the loan for which the ,secretary makes the partial claim4 7d7 ,requirements of loan holder 7#a7 ,the ,secretary may require the holder of a loan for which the ,secretary makes a partial claim under this section to take any actions necessary to establish the partial claim1 including preparing1 executing1 transmitting1 receiving1 and recording loan documents4 7#b7 ,the ,secretary shall compensate the holder of such a loan appropriately1 as determined by the ,secretary1 for the services required of such holder under this subsection4 7#c7 ,the ,secretary may exercise the authority of the ,secretary under this subsection without regard to any other provision of law not enacted expressly in limitation of this section that would otherwise govern the expenditure of public funds4 7e7 ,default and foreclosure 7#a7 7,a7 ,notwithstanding section #cgjc7;e7 of this title1 an individual who defaults on a loan for which the ,secretary makes a partial claim made under this section shall be liable to the ,secretary for any loss suffered by the ,secretary resulting from such default4 ,such a loss may be recovered in the same manner as any other debt due the ,united ,states4 7,b7 ,in the event of default by an individual on a loan for which the ,secretary makes a partial claim made under this section1 the ,secretary may reduce the aggregate amount of guaranty or insurance housing loan entitlement available to the individual under this chapter4 7#b7 ,notwithstanding section #bdaj7;c7 of title #bh1 an action to foreclose a lien held by the ,united ,states arising under a partial claim made under this section shall follow foreclosure procedures in accordance with ,state or local law where the property involved is located4 7f7 ,decisions by the ,secretary 7#a7 ,any partial claim made under this section shall be made in the sole discretion of the ,secretary and on terms and conditions acceptable to the ,secretary that are consistent with this section4 7#b7 ,any decision by the ,secretary under this section is final and conclusive and is not subject to judicial review4 7#c7 ,for purposes of section #eaa of this title1 any decision under this section shall not be treated as a decision under a law that affects the provision of benefits4 7g7 ,compliance 7#a7 ,the ,secretary may establish standards for processing payments under this section based on a certification by a holder of a loan guaranteed under such chapter that the holder has complied with all applicable requirements established by the ,secretary4 7#b7 ,the ,secretary shall carry out1 on a random-sampling basis1 post-payment audits to ensure compliance with all requirements under paragraph 7#a74 7h7 ,guidance with respect to certain loans 7#a7 ,with respect to a loan described in paragraph 7#b71 the ,secretary may-- 7,a7 before prescribing regulations1 issue administrative guidance regarding the making of a partial claim relating to such loan2 and 7,b7 establish1 through such guidance1 additional requirements applicable to such a partial claim4 7#b7 ,a loan described in this paragraph is a loan that the ,secretary determines was in default on the date of the enactment of this section4 7i7 ,rule of construction ,nothing in this section shall be construed to limit the authority of the ,secretary under subsections 7a7 and 7d7 of section #cgcb of this title4 7j7 ,termination ,the ,secretary may not make a partial claim under this section after the date that is five years after the date of the enactment of this section4 4 7b7 ,clerical amendment ,the table of sections at the beginning of such chapter is amended by inserting after the item relating to section #cgcf the following new item3 #cgcg4 ,partial ,claim ,program4 4 #d4 ,strategy of the ,secretary of ,veterans ,affairs regarding the effect of certain litigation ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary of ,veterans ,affairs shall submit to the ,committees on ,veterans' ,affairs of the ,senate and ,house of ,representatives a report on the strategy of the ,secretary to ensure that a veteran who seeks to purchase a home with a loan guaranteed under chapter #cg of title #ch1 ,united ,states ,code1 is not at a disadvantage when attempting to secure representation by a real estate agent or broker4 ,such strategy may include amendments to section #cf4dcac of title #ch1 ,code of ,federal ,regulations4 #e4 ,increase of authorization of appropriations for comprehensive service programs for homeless veterans ,section #bjaf of title #ch1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#g71 by striking fiscal year #bjae and each subsequent fiscal year and inserting each of fiscal years #bjae through #bjbd2 and 7#b7 by adding at the end the following new paragraphs3 7#h7 #cdd1jjj1jjj for each of fiscal years #bjbe and #bjbf4 7#i7 #beg1gjj1jjj for each fiscal year thereafter4 4 ,may #ai1 #bjbe,reported with an amendment1 committed to the ,committee of the ,whole ,house on the ,state of the ,union1 and ordered to be printed