[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5245 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 5245

  To amend title 38, United States Code, to provide for a bar on the 
recovery of certain payments or overpayments made by the Department of 
     Veterans Affairs by reason of delays in processing of certain 
                  information, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 21, 2019

   Mr. Pappas (for himself and Mr. Rose of New York) introduced the 
   following bill; which was referred to the Committee on Veterans' 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
  To amend title 38, United States Code, to provide for a bar on the 
recovery of certain payments or overpayments made by the Department of 
     Veterans Affairs by reason of delays in processing of certain 
                  information, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stopping Harm and Implementing 
Enhanced Lead-time for Debts for Veterans Act'' or the ``SHIELD for 
Veterans Act''.

SEC. 2. BAR TO RECOVERY OF CERTAIN PAYMENTS OR OVERPAYMENTS MADE BY 
              DEPARTMENT OF VETERANS AFFAIRS BY REASON OF DELAYS IN 
              PROCESSING OF CERTAIN INFORMATION.

    (a) Bar to Recovery.--
            (1) In general.--Chapter 53 of title 38, United States 
        Code, is amended by inserting after section 5302A the following 
        new section:
``Sec. 5302B. Bar to recovery of certain payments or overpayments
    ``(a) Limitation.--The Secretary may not collect all or any part of 
an amount owed to the United States by any individual under any program 
under the laws administered by the Secretary if the amount is owed for 
any payment or overpayment that was caused by the amount of time taken 
by the Department, or by any employee of the Department, to process 
information provided by or on behalf of the individual.
    ``(b) Notice to Beneficiary.--If the Secretary determines that the 
Secretary has made an overpayment to an individual, the Secretary shall 
provide notice to the individual of the overpayment and of any action 
the Secretary plans to take to collect repayment for the overpayment or 
to reduce any benefit of the individual by reason of the overpayment by 
not later than 90 days before taking such action. Such notice shall 
include an explanation of the right of the individual to dispute the 
overpayment or to request a waiver of indebtedness.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by inserting after the 
        item relating to section 5302A the following new item:

``5302B. Bar to recovery of certain payments or overpayments.''.
    (b) Plan for Improved Notification and Communication of Debts.--Not 
later than May 1, 2020, and 12 months thereafter, the Secretary of 
Veterans Affairs shall submit to Congress a report on the improvement 
of the notification of and communication with individuals who receive 
overpayments made by the Secretary. Such report shall include each of 
the following:
            (1) The plan of the Secretary to carry out each of the 
        following:
                    (A) The development and implementation, by not 
                later than January 31, 2020, of a mechanism by which 
                individuals enrolled in the patient enrollment system 
                under section 1705 of title 38, United States Code, may 
                view their monthly patient medical statements 
                electronically.
                    (B) The development and implementation, by not 
                later than April 30, 2020, of a mechanism by which 
                individuals eligible for benefits under the laws 
                administered by the Secretary may receive electronic 
                correspondence relating to debt and overpayment 
                information.
                    (C) The development and implementation, by not 
                later than October 1, 2022, of a mechanism by which 
                individuals eligible for benefits under the laws 
                administered by the Secretary may access information 
                related to Department of Veterans Affairs debt 
                electronically.
                    (D) The improvement and clarification, by not later 
                than March 31, 2020, and in consultation with veterans 
                service organizations and other relevant non-
                governmental organizations, of Department 
                communications relating to overpayments and debt 
                collection, including letters and electronic 
                correspondence.
                    (E) The development and implementation, by not 
                later than October 1, 2022, of a mechanism by which 
                veterans may update their dependency information 
                electronically.
            (2) A description of the current efforts and plans for 
        improving the accuracy of payments to individuals entitled to 
        benefits under the laws administered by the Secretary, 
        including specific data matching agreements.
            (3) A description of steps to be taken to improve the 
        identification of underpayments to such individuals and to 
        improve Department procedures and policies to ensure that such 
        individuals who are underpaid receive adequate compensation 
        payments.
            (4) A list of actions completed, implementation steps, and 
        timetables for each requirement described in paragraphs (1) 
        through (3).
            (5) A description of any new legislative authority required 
        to complete any such requirement.

SEC. 3. PROHIBITION ON DEPARTMENT OF VETERANS AFFAIRS INTEREST AND 
              ADMINISTRATIVE COST CHARGES FOR DEBTS RELATING TO CERTAIN 
              BENEFITS PROGRAMS.

    (a) In General.--Section 5315(a)(1) of title 38, United States 
Code, is amended--
            (1) by striking ``other than a loan'' and all that follows 
        through the semicolon and inserting ``other than--''; and
            (2) by adding at the end the following new subparagraphs:
                    ``(A) a loan, loan-guaranty, or loan-insurance 
                program;
                    ``(B) a disability compensation program;
                    ``(C) a pension program; or
                    ``(D) an educational assistance program.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to an indebtedness that occurs on or after the date 
of the enactment of this Act.
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