[Federal Register Volume 62, Number 88 (Wednesday, May 7, 1997)]
[Proposed Rules]
[Pages 24872-24874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11807]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 36

RIN 2900-AH73


Loan Guaranty: Electronic Payment of Funding Fee

AGENCY: Department of Veterans Affairs.

ACTION: Proposed rule.

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SUMMARY: This document proposes to amend the VA loan guaranty 
regulations to require that all funding fees (including late fees and 
interest) for VA-guaranteed loans be paid electronically through the 
Automated Clearing House (ACH) program. The adoption of the ACH program 
would eliminate lost mail and eliminate data errors resulting from 
manual recording. Further accounting reconciliation would be reduced. 
In addition, banking costs would be reduced. This document also 
corrects a typographical error in the ``Allowable fees and charges; 
manufactured home unit'' section.

DATES: Comments must be received on or before July 7, 1997.

ADDRESSES: Mail or hand deliver written comments to: Director, Office 
of Regulations Management (02D), Department of Veterans Affairs, 810 
Vermont Avenue, NW, Room 1154, Washington, DC 20420. Comments should 
indicate that they are submitted in response to ``RIN 2900-AH73.'' All 
written comments received will be available for public inspection at 
the above address in the Office of Regulations Management, Room 1158, 
between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday 
(except holidays).

FOR FURTHER INFORMATION CONTACT: Ms. Judith Caden, Assistant Director 
for Loan Policy (264), Loan Guaranty Service, Veterans Benefits 
Administration, Department of Veterans Affairs, Washington, DC 20420, 
(202) 273-7368.

SUPPLEMENTARY INFORMATION: This document proposes to amend the VA loan 
guaranty regulations to require that all funding fees (including late 
fees and interest) for VA-guaranteed loans be paid electronically 
through the Automated Clearing House (ACH) program. The amounts are 
paid by the veteran to VA through the mortgage lender. Since 1988, VA 
has allowed lenders to use the ACH program on a voluntary basis, and 
approximately one-half of VA's funding fees (including late fees and 
interest) are paid through the ACH program. When the ACH program is not 
used, the mortgage lender sends the amount due through the mail to VA 
by check. The ACH program uses electronic transfer instead of the mail.
    There are three methods for paying the VA funding fee (including 
late fees and interest) through the ACH program: The operator-assisted 
phone method, the terminal entry method, and the CPU-to-CPU 
transmission method. All three methods provide for the transmission of 
loan data to the collection agent and thereby allow the collection 
agent to use the data to debit the lender's account for payment.
    The operator assisted phone method does not require the lender to 
use a computer. With this method, the lender calls the collection 
agent's operator via a toll free number and orally provides the loan 
information for each loan. With the terminal entry method and the CPU-
to-CPU method, the lender uses a terminal or personal computer with a 
modem to connect with the collection agent's computer system. With the 
terminal entry method, information is provided in response to questions 
from the computer program of the collection agent. With the CPU-to-CPU 
transmission, all of the information requested is provided in a pre-
programmed data file submitted to the collection agent.
    Under the ACH program, the lending institution submits an 
authorization for payment of the funding fee (including late fees and 
interest) along with the following information: VA lender ID number; 
four-digit personal identification number; dollar amount of debit; VA 
loan number; OJ (office of jurisdiction) code; closing date; loan 
amount; information about whether the payment includes a shortage, late 
charge, or interest; veteran name; loan type; sale amount; downpayment; 
whether the veteran is a reservist; and whether this is a subsequent 
use of entitlement. This information is needed to identify the parties 
and allow for the transfer of payment. Under all three methods, the 
collection agent prepares the funding fee file based on the information 
submitted.
    In order to get set up under the ACH program so that the collection 
agent would be able to debit the lender's account for the funding fee 
payment, the lender would need to provide the following information: 
The lender's name and address, the name and phone number of a lender 
contact person, the lender's VA ID number, the transit routing number 
of the bank the lender uses, and the lender's bank account number.
    The adoption of this proposal would not impose any costs for using 
the ACH program on veterans or lending institutions. Under the ACH 
program, the Department of the Treasury contracts with a collection 
agent who collects funding fees (including late fees and interest) for 
VA, and the cost for the ACH program is borne by the Department of the 
Treasury.
    It appears that the adoption of the ACH program would be 
advantageous to veterans and to VA. The adoption of the ACH program 
would eliminate lost mail and eliminate data errors resulting from

[[Page 24873]]

manual recording. Also, accounting reconciliation would be reduced 
because payments are computerized and cash application is more 
automated than with systems where payment information must be manually 
entered by VA personnel. In addition, banking costs would be reduced, 
since overall electronic transfer costs less than paper check and wire 
transfer, i.e., on the average $.25 per item electronically versus $.50 
by check.
    For all transactions received prior to 8:15 p.m. on a workday, VA 
would be credited with the amount paid to the collection agent at the 
opening of business the next banking day.
    The provisions of Secs. 36.4232(a)(3), 36.4254(d)(3), and 
36.4312(e)(3) relating to interest and late charges would not change 
for payments made electronically. A four-percent late charge is 
assessed if a payment is received 15 calendar days after the closing 
date, and an interest charge is assessed on the late fee when payment 
is received 30 calendar days after the closing date. The funding fee 
receipt, which is mailed, notifies lenders of the amount of any late 
fee and interest charge.
    It is proposed that a final rule become effective January 1, 1998. 
This would allow lenders time to become familiar with the ACH system.

Paperwork Reduction Act

    The collection of information contained in this notice of proposed 
rulemaking has been submitted to the Office of Management and Budget 
(OMB) for review in accordance with the Paperwork Reduction Act (44 
U.S.C. 3504(h)). Comments on the collection of information should be 
sent to the Office of Management and Budget, Attention: Desk Officer 
for the Department of Veterans Affairs, Office of Information and 
Regulatory Affairs, Washington, DC 20503, with copies to the Director, 
Office of Regulations Management (02D), Department of Veterans Affairs, 
810 Vermont Avenue, NW, Washington, DC 20420.
    The collection of information included in the proposed revision to 
Secs. 36.4232, 36.4254, and 36.4312 in this rulemaking proceeding 
concerns the requirement that lenders provide VA information necessary 
to get set up on the ACH system to pay the funding fee electronically 
and the existing requirement that lenders provide VA certain standard 
information when submitting loan guaranty funding fees. The collection 
of the latter information on VA Form 26-8986, Loan Guaranty Funding Fee 
Transmittal, which is currently submitted with funding fee check 
payments, has been approved by the Office of Management and Budget 
through May 31, 1999, under approval No. 2900-0474.
    The Department considers comments by the public on these proposed 
collections of information in--
     Evaluating whether the proposed collection(s) of 
information are necessary for the proper performance of the functions 
of the Department, including whether the information will have 
practical utility;
     Evaluating the accuracy of the Department's estimate of 
the burden of the proposed collections of information, including the 
validity of the methodology and assumptions used;
     Enhancing the quality, usefulness, and clarity of the 
information to be collected; and;
     Minimizing the burden of the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology, e.g., permitting 
electronic submission of responses.
    OMB is required to make a decision concerning the proposed 
collections of information contained in this document between 30 and 60 
days after publication of this document in the Federal Register. 
Therefore, a comment to OMB is best assured of having its full effect 
if OMB receives it within 30 days of publication. This does not affect 
the deadline for the public to comment to the Department on the 
proposed regulations.
    Title: Loan Guaranty: Electronic Payment of Funding Fee.
    Summary of collection of information: The information collection 
subject to this rulemaking concerns information to get set up on the 
ACH system to pay the funding fee for a VA-guaranteed loan 
electronically and information to accompany the funding fee payment.
    Description of the need for information and proposed use of 
information: The collection of information subject to this rulemaking 
is designed to obtain information about lenders to allow electronic 
collection of the funding fee and standard identifying information and 
loan details from lenders relating to the funding fee.
    Description of likely respondents: lending institutions.

    For information provided to get set up on the ACH system:
    Estimated total annual reporting burden: 589 hours.
    Estimated annual burden per respondent: 083 hour.
    Estimated number of respondents: 7,100.
    Estimated annual frequency of responses: 1 per episode.

    For information collected with funding fee payments:
    Estimated total annual reporting burden: 13,200 hours.
    Estimated annual burden per respondent: .033 hour.
    Estimated number of respondents: 400,000.
    Estimated annual frequency of responses: 1 per episode.

Regulatory Flexibility Act

    The Secretary hereby certifies that the adoption of these proposed 
regulatory amendments would not have a significant economic impact on a 
substantial number of small entities as they are defined in the 
Regulatory Flexibility Act, 5 U.S.C. 601-612. The rule implements a 
program that will enhance operations and be cost beneficial for all 
participating lenders. Lenders will be able to participate by having 
access to a personal computer, and personal computing is pervasive 
within the industry. Lenders will also have the option of paying 
funding fees by calling an operator who will enter the information into 
the ACH system for them. Therefore, pursuant to 5 U.S.C. 605(b), this 
final rule is exempt from the initial and final regulatory flexibility 
analysis requirements of sections 603 and 604.

The Catalog of Federal Domestic Assistance Program numbers are 
64.114 and 64.119.

List of Subjects in 38 CFR Part 36

    Condominiums, Handicapped, Housing loan programs--housing and 
community development, Manufactured homes, Veterans.

    Approved: March 4, 1997.
Jesse Brown,
Secretary of Veterans Affairs.
    For the reasons set out in the preamble, 38 CFR part 36 is proposed 
to be amended as set forth below.

PART 36--LOAN GUARANTY

    1. The authority citation for part 36 continues to read as follows:

    Authority: 38 U.S.C. 501, 3701-3704, 3707, 3710-3714, 3719, 
3720, 3729, 3762, unless otherwise noted.


Sec. 36.4232  [Amended]

    2. In Sec. 36.4232, paragraph (e)(1) is amended by removing 
``(e)(4)'' and adding, in its place, ``(e)(5)''; paragraph (e)(2) is 
amended by removing ``paragraphs (e)(4) and'' and adding, in its place, 
``paragraph''; paragraph (e)(3)

[[Page 24874]]

is amended by removing ``paragraphs (e)(4) and'' and adding, in its 
place, ``paragraph''; by redesignating paragraph (e)(4) as paragraph 
(e)(5); and by adding a new paragraph (e)(4) to read as follows:


Sec. 36.4232  Allowable fees and charges; manufactured home unit.

 * * * * *
    (e) * * *
    (4) The lender is required to pay to the Secretary electronically 
through the Automated Clearing House (ACH) system the fees described in 
paragraphs (e)(1) and (e)(2) of this section and any late fees and 
interest due on them. This shall be paid to a collection agent by 
operator-assisted telephone, terminal entry, or central processing 
unit-to-central processing unit (CPU-to-CPU) transmission. The 
collection agent will be identified by the Secretary. The lender shall 
provide the collection agent with the following: authorization for 
payment of the funding fee (including late fees and interest) along 
with the following information: VA lender ID number; four digit 
personal identification number; dollar amount of debit; VA loan number; 
OJ (office of jurisdiction) code; closing date; loan amount; 
information about whether the payment includes a shortage, late charge, 
or interest; veteran name; loan type; sale amount; downpayment; whether 
the veteran is a reservist; and whether this is a subsequent use of 
entitlement. For all transactions received prior to 8:15 p.m. on a 
workday, VA will be credited with the amount paid to the collection 
agent at the opening of business the next banking day.

    (Authority: 38 U.S.C. 3729(a).)
* * * * *
    3. Section 36.4254 is amended by redesignating paragraphs (d)(4) 
and (d)(5) as paragraphs (d)(5) and (d)(6), respectively; and by adding 
a new paragraph (d)(4) to read as follows:


Sec. 36.4254  Fees and charges.

* * * * *
    (d) * * *
    (4) The lender is required to pay to the Secretary electronically 
through the Automated Clearing House (ACH) system the fees described in 
paragraphs (d)(1) and (d)(2) of this section and any late fees and 
interest due on them. This shall be paid to a collection agent by 
operator-assisted telephone, terminal entry, or CPU-to-CPU 
transmission. The collection agent will be identified by the Secretary. 
The lender shall provide the collection agent with the following: 
authorization for payment of the funding fee (including late fees and 
interest) along with the following information: VA lender ID number; 
four-digit personal identification number; dollar amount of debit; VA 
loan number; OJ (office of jurisdiction) code; closing date; loan 
amount; information about whether the payment includes a shortage, late 
charge, or interest; veteran name; loan type; sale amount; downpayment; 
whether the veteran is a reservist; and whether this is a subsequent 
use of entitlement. For all transactions received prior to 8:15 p.m. on 
a workday, VA will be credited with the amount paid to the collection 
agent at the opening of business the next banking day.

    (Authority: 38 U.S.C. 3729(a).)
* * * * *
    4. Section 36.4312 is amended by redesignating paragraph (e)(4) as 
paragraph (e)(5); and by adding a new paragraph (e)(4) to read as 
follows:


Sec. 36.4312  Charges and fees.

* * * * *
    (e) * * *
    (4) The lender is required to pay to the Secretary electronically 
through the Automated Clearing House (ACH) system the fees described in 
paragraphs (e)(1) and (e)(2) of this section and any late fees and 
interest due on them. This shall be paid to a collection agent by 
operator-assisted telephone, terminal entry, or CPU-to-CPU 
transmission. The collection agent will be identified by the Secretary. 
The lender shall provide the collection agent with the following: 
authorization for payment of the funding fee (including late fees and 
interest) along with the following information: VA lender ID number; 
four-digit personal identification number; dollar amount of debit; VA 
loan number; OJ (office of jurisdiction) code; closing date; loan 
amount; information about whether the payment includes a shortage, late 
charge, or interest; veteran name; loan type; sale amount; downpayment; 
whether the veteran is a reservist; and whether this is a subsequent 
use of entitlement. For all transactions received prior to 8:15 p.m. on 
a workday, VA will be credited with the amount paid to the collection 
agent at the opening of business the next banking day.

    (Authority: 38 U.S.C. 3729(a).)
* * * * *
[FR Doc. 97-11807 Filed 5-6-97; 8:45 am]
BILLING CODE 8320-01-U