HR7388-118

2. Basic provisions relating to loan guaranty and insurance Section 3703(a)(1) of title 38, United States Code, is amended— in subparagraph (A)— by striking Any and inserting Except as provided in subparagraphs (C) and (D), any; and by striking the lesser of and all that follows through the period at the end of clause (ii) and inserting the lesser of the maximum guaranty or the maximum amount of guaranty entitlement available to the veteran, as specified in the table in subparagraph (B).; by striking subparagraph (B) and inserting the following new subparagraph (B): The table referred to in subparagraph (A) is as follows: in subparagraph (C)— by redesignating clause (iii) as subparagraph (E); and by striking subparagraph (C) and inserting the following: Except as provided in subparagraph (D), when two or more veterans use guaranty entitlement on a single loan, the loan is automatically guaranteed by the United States in an amount not to exceed the lesser of— the maximum guaranty as specified in the table in subparagraph (B); or the sum of the maximum amount of guaranty entitlement available to each veteran, as calculated pursuant to the table in subparagraph (B). by inserting after subparagraph (C) the following new subparagraph (D): Except as provided in clause (ii), if two or more veterans use guaranty entitlement on a single loan described in subparagraph (B)(iv), the loan is automatically guaranteed by the United States in an amount not to exceed the lesser of the following: In the case of a loan for which— at least one veteran is a covered veteran, 25 percent of the Freddie Mac conforming loan limit; or no veteran is a covered veteran, 25 percent of the loan. The sum of the maximum amount of guaranty entitlement available to each veteran, as calculated pursuant to the table in subparagraph (B). Clause (i) shall not apply to a loan made to two veterans who are married to each other if there are no other obligors on the loan. in subparagraph (E), as redesignated by paragraph (3)(A)— by striking subparagraph and inserting paragraph; and by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively. Section 3704(c) of such title is amended by adding at the end the following new paragraph: Any veteran who knowingly and materially makes a false certification under paragraph (1) or (2) of this subsection shall be liable to the United States Government for a civil penalty in an amount not to exceed $23,607. A penalty under this paragraph may be in addition to any other remedy available to the Secretary. All determinations necessary to carry out this paragraph shall be made by the Secretary. The loan fee table in section 3729(b)(2) of such title is amended by striking April 7, 2023 each place it appears and inserting April 7, 2030. The amendments made by this Act shall take effect on the date that is 180 days after the date of the enactment of this Act. (B)The table referred to in subparagraph (A) is as follows:Type of LoanMaximum GuarantyMaximum Amount of Guaranty Entitlement(i)(I) Any loan of not more than $45,000 to a veteran who is not a covered veteran50 percent of the loan$36,000(i)(II) Any loan of not more than $45,000 to a covered veteran (closed before April 7, 2030)50 percent of the loan50 percent of the Freddie Mac conforming loan limit, reduced by the amount of entitlement not restored(i)(III) Any loan of not more than $45,000 to a covered veteran (closed on or after April 7, 2030)50 percent of the loan25 percent of the Freddie Mac conforming loan limit, reduced by the amount of entitlement not restored(ii)(I) Any loan of more than $45,000, but not more than $56,250, to a veteran who is not a covered veteran$22,500$36,000(ii)(II) Any loan of more than $45,000, but not more than $56,250, to a covered veteran (closed before April 7, 2030)$22,50050 percent of the Freddie Mac conforming loan limit, reduced by the amount of entitlement not restored(ii)(III) Any loan of more than $45,000, but not more than $56,250, to a covered veteran (closed on or after April 7, 2030)$22,50025 percent of the Freddie Mac conforming loan limit, reduced by the amount of entitlement not restored(iii)(I) Except as provided in clause (iv)(I), in the case of any loan of more than $56,250, to a veteran who is not a covered veteranthe lesser of $36,000 or 40 percent of the loan$36,000(iii)(II) Except as provided in clause (iv)(II), in the case of any loan of more than $56,250, to a covered veteran (closed before April 7, 2030)the lesser of $36,000 or 40 percent of the loan50 percent of the Freddie Mac conforming loan limit, reduced by the amount of entitlement not restored(iii)(III) Except as provided in clause (iv)(III), in the case of any loan of more than $56,250, to a covered veteran (closed on or after April 7, 2030)the lesser of $36,000 or 40 percent of the loan25 percent of the Freddie Mac conforming loan limit, reduced by the amount of entitlement not restored(iv)(I) Any loan of more than $144,000 for a purpose specified in clause (1), (2), (3), (5), (6), or (8) of section 3710(a) of this title, to a veteran who is not a covered veteran25 percent of the loan25 percent of the loan(iv)(II) Any loan of more than $144,000 for a purpose specified in clause (1), (2), (3), (5), (6), or (8) of section 3710(a) of this title, to a covered veteran (closed before April 7, 2030)25 percent of the loan50 percent of the Freddie Mac conforming loan limit, reduced by the amount of entitlement not restored(iv)(III) Any loan of more than $144,000 for a purpose specified in clause (1), (2), (3), (5), (6), or (8) of section 3710(a) of this title, to a covered veteran (closed on or after April 7, 2030)25 percent of the loan25 percent of the Freddie Mac conforming loan limit, reduced by the amount of entitlement not restored; (C)Except as provided in subparagraph (D), when two or more veterans use guaranty entitlement on a single loan, the loan is automatically guaranteed by the United States in an amount not to exceed the lesser of—(i)the maximum guaranty as specified in the table in subparagraph (B); or(ii)the sum of the maximum amount of guaranty entitlement available to each veteran, as calculated pursuant to the table in subparagraph (B).; (D)(i)Except as provided in clause (ii), if two or more veterans use guaranty entitlement on a single loan described in subparagraph (B)(iv), the loan is automatically guaranteed by the United States in an amount not to exceed the lesser of the following:(I)In the case of a loan for which—(aa)at least one veteran is a covered veteran, 25 percent of the Freddie Mac conforming loan limit; or(bb)no veteran is a covered veteran, 25 percent of the loan.(II)The sum of the maximum amount of guaranty entitlement available to each veteran, as calculated pursuant to the table in subparagraph (B).(ii)Clause (i) shall not apply to a loan made to two veterans who are married to each other if there are no other obligors on the loan.; and (3)Any veteran who knowingly and materially makes a false certification under paragraph (1) or (2) of this subsection shall be liable to the United States Government for a civil penalty in an amount not to exceed $23,607. A penalty under this paragraph may be in addition to any other remedy available to the Secretary. All determinations necessary to carry out this paragraph shall be made by the Secretary..