S.Amdt. 317

SA 317. Mr. BOOZMAN (for himself and Mr. Tester) submitted an
amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:

At the appropriate place in title X, insert the following:

SEC. ___. FEES ERRONEOUSLY COLLECTED BY DEPARTMENT OF
VETERANS AFFAIRS FOR HOUSING LOANS.

(a) Findings.--Congress makes the following findings:
(1) The Department of Veterans Affairs offers a Department
backed home loan for which veterans are generally required to
pay fees to defray the cost of administering the home loan.
(2) Veterans are exempt from paying the fees if they are
entitled to receive disability compensation from the
Department of Veterans Affairs.
(3) Between January 1, 2012, and December 31, 2017,
veterans paid fees of more than $286,000,000 in association
with Department backed home loans despite being exempt from
such fees. Fees paid included $65,800,000 in fees that could
have been avoided.
(4) Of those erroneously paid fees, $189,000,000 in fee
refunds are still due to veterans.
(5) More than 70,000 veterans may have been affected by
these erroneously paid fees.
(b) Plan to Identify Individuals Who Were Erroneously
Charged Fees.--
(1) Erroneous charges january 1, 2012, to december 31,
2017.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall submit to Congress a plan to identify individuals
described in subsection (c) of section 3729 of title 38,
United States Code, from whom a fee was collected under such
section

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during the period beginning on January 1, 2012, and ending on
December 31, 2017.
(B) Contents.--The plan submitted under paragraph (1) shall
include the following:
(i) The number of refunds that are required to be made.
(ii) A timeline for the refunding of fees.
(2) Erroneous charges before january 1, 2012.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Veterans Affairs
shall submit to Congress a plan to identify individuals
described in subsection (c) of section 3729 of title 38,
United States Code, from whom a fee was collected under such
section before January 1, 2012.
(B) Contents.--The plan submitted under paragraph (1) shall
include the following:
(i) The number of refunds that are required to be made.
(ii) A timeline for the refunding of fees.
(c) Automated Refund Process.--
(1) In general.--The Secretary shall develop an automated
process for refunding fees collected under section 3729 of
title 38, United States Code, from individuals described in
subsection (c) of such section.
(2) Prohibition.--The Secretary may not require any
individual described in such subsection from whom a fee was
collected under such section to request a refund of such fee
in order to receive such refund.
(d) Plan to Process Refunds.--Not later than 90 days after
the date of the enactment of this Act, the Secretary shall
develop a plan to process refunds of fees that were collected
under section 3729 of title 38, United States Code, from
individuals described in subsection (c) of such section.
(e) Annual Report on Refunds.--
(1) In general.--Not less frequently than once each year,
the Secretary shall submit to Congress an annual report on
refunds of fees collected under section 3729 of title 38,
United States Code.
(2) Contents.--Each report submitted under paragraph (1)
shall include, for the period covered by the report:
(A) The number of fees collected under such section that
were refunded and applied to a home loan balance.
(B) The number of such refunds for which the Secretary
received documentation of the application of a refund to a
home loan balance.
(f) Real-time Updates on Fee Exemption Status.--
(1) In general.--The Secretary shall develop a technology
and process solution to enable real-time updates to viewing
one's status regarding exemption from fee collection
requirements under section 3729 of title 38, United States
Code.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report on the solution developed under paragraph (1).
(g) Manner of Refunds.--In the case of a fee that was
erroneously collected under section 3729 of title 38, United
States Code, from an individual described in subsection (c)
of such section, the Secretary may refund the fee directly to
the individual, notwithstanding any current loan balance of
the individual or the manner in which the fee was originally
collected.
(h) Audit Plan.--
(1) Plan required.--The Secretary shall develop a plan to
audit the Department on an annual basis to determine the rate
at which fees are erroneously collected under section 3729 of
title 38, United States Code.
(2) Reports.--Not later than 60 days after the completion
of any audit conducted pursuant to the plan developed under
paragraph (1), the Secretary shall submit to Congress a
report on the findings of the Secretary with respect to the
audit.
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