[Congressional Record Volume 165, Number 180 (Tuesday, November 12, 2019)]
[House]
[Pages H8755-H8757]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   VA OVERPAYMENT ACCOUNTABILITY ACT

  Mr. TAKANO. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 4360) to amend title 38, United States Code, to improve the 
due process accorded veterans with respect to recovery of overpayments 
made by the Department and other amounts owed by veterans to the United 
States, to improve the processing of veterans benefits by the 
Department of Veterans Affairs, and for other purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4360

       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 ``VA Overpayment 
     Accountability Act''.

     SEC. 2. REPAIR OF CREDIT.

       (a) In General.--Chapter 53 of title 38, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 5320. Correction of erroneous information submitted to 
       consumer reporting agencies

       ``(a) Correcting Errors by the Department.--In any case in 
     which the Secretary finds that the Department has submitted 
     erroneous information to a consumer reporting agency about 
     the indebtedness of any person who has been determined by the 
     Secretary to be indebted to the United States by virtue of 
     the participation of that person in a benefits program 
     administered by the Secretary, the Secretary shall--
       ``(1) instruct the consumer reporting agency to remove such 
     erroneous information from the consumer report of such person 
     or take such other action as may be required to ensure that 
     such erroneous information is not included in the report of 
     such person; and
       ``(2) transmit to the consumer reporting agency such 
     information as the consumer reporting agency may require to 
     take such appropriate actions.
       ``(b) Correcting Errors by Debt Collectors.--In any case in 
     which the Secretary finds that a debt collector acting on 
     behalf of the Department has submitted erroneous information 
     to a consumer reporting agency about the indebtedness of any 
     person who has been determined by the Secretary to be 
     indebted to the United States by virtue of the participation 
     of that person in a benefits program administered by the 
     Secretary, the Secretary shall instruct the debt collector to 
     request the consumer reporting agency remove such erroneous 
     information from the consumer report of such person or take 
     such other action as may be required to ensure such erroneous 
     information is not included in the report of such person.
       ``(c) Notice.--Not later than 60 days after the date on 
     which the Secretary issues an instruction under subsection 
     (a)(1) or (b) with respect to a person, the Secretary shall 
     notify the person that the Secretary issued such instruction.
       ``(d) Definitions.--In this section:
       ``(1) The terms `consumer report' and `consumer reporting 
     agency' have the meanings given such terms in section 603 of 
     the Fair Credit Reporting Act (15 U.S.C. 1681a).
       ``(2) The term `debt collector' has the meaning given such 
     term in section 803 of the Fair Debt Collection Practices Act 
     (15 U.S.C. 1692a).''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 53 of such title is amended by adding at 
     the end the following new item:

``5320. Correction of erroneous information submitted to consumer 
              reporting agencies.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply with respect to deductions made under section 
     5314 of such title, administrative costs under section 5315 
     of such title, and suits filed under section 5316 of such 
     title on or after such date.

     SEC. 3. IMPROVED PROCESSING OF BENEFITS BY DEPARTMENT OF 
                   VETERANS AFFAIRS.

       The Secretary of Veterans Affairs shall improve the 
     information technology of the Department of Veterans Affairs 
     (including the eBenefits system or successor system) as may 
     be necessary to achieve the following:
       (1) Notification of debts incurred.--The Secretary shall 
     provide a notification to a person who--
       (A) is entitled to a payment from the Secretary under a 
     benefits program administered by the Secretary;
       (B) incurs a debt to the United States under that benefits 
     program; and
       (C) elects to receive such notifications.
       (2) Review of information regarding dependents.--A person 
     entitled to a payment from the Secretary under a benefits 
     program administered by the Secretary may review information 
     relating to dependents of that person.
       (3) Tracking metrics.--The Secretary shall be able to 
     track--
       (A) the number and amount of payments made by the Secretary 
     to a person entitled to a payment from the Secretary under a 
     benefits program administered by the Secretary who incurs a 
     debt to the United States under such program;
       (B) the average debt to the United States incurred by a 
     person described in subparagraph (A);
       (C) how frequently the Secretary approves and denies 
     applications for relief under section 5302(a) of title 38, 
     United States Code; and
       (D) such other metrics the Secretary determines 
     appropriate.

     SEC. 4. AUDIT OF ERRONEOUS PAYMENTS BY VETERANS BENEFITS 
                   ADMINISTRATION; PLAN OF CORRECTION.

       (a) Audit.--Not later than 180 days after the date of the 
     enactment of this Act, the Secretary of Veterans Affairs 
     shall complete an audit to determine the following:
       (1) The frequency by which the Department of Veterans 
     Affairs makes an error that results in a payment to a person 
     by virtue of such person's participation in a benefits 
     program administered by the Secretary that such person is not 
     entitled to or in an amount that exceeds the amount to which 
     the person is entitled.
       (2) Whether and to what degree vacant positions in the 
     Veterans Benefits Administration affect such frequency.
       (b) Plan.--Not later than 30 days after the completion of 
     the audit under subsection (a), the Secretary of Veterans 
     Affairs shall submit to the Committees on Veterans' Affairs 
     of the Senate and House of Representatives a plan and 
     description of resources necessary to align information 
     technology systems to ensure that errors described in 
     subsection (a)(1) are not the result of communication or 
     absence of communication between information technology 
     systems.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Takano) and the gentleman from Tennessee (Mr. David P. 
Roe) each will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. TAKANO. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and to insert extraneous material on H.R. 4360.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. TAKANO. Madam Speaker, I yield myself such time as I may consume.
  Madam Speaker, I rise in support of H.R. 4360, the VA Overpayment 
Accountability Act, introduced by Representative Kim.
  This bill protects veterans by ensuring that the Department of 
Veterans Affairs reviews and updates its systems and policies to 
minimize overpayments in the future and mitigate negative effects on 
veterans.
  Now, under certain circumstances, if the Department of Veterans 
Affairs makes accounting errors that result in overpayment of benefits, 
veterans are left saddled with debt. Then, within a short period of 
time, these veterans are required to pay these overpayments back to VA, 
placing an extraordinary financial burden on them.
  The VA can, and sometimes does, withhold part of veterans' monthly 
benefit checks to recover overpayments, exacerbating these financial 
hardships.
  In some cases, VA may send these debts to a debt collection agency, 
compounding veterans' financial stress.
  If the information submitted by VA to a consumer reporting agency is 
incorrect either because VA later determines its payment was not in 
error or

[[Page H8756]]

because VA decides to waive the debt, veterans may still suffer harm to 
their credit. This bill makes sure VA rights this wrong.
  Under this legislation, VA would be required to instruct the consumer 
reporting agency to remove any erroneous information from veterans' 
consumer reports. And if VA employs a debt collection agency and that 
agency then reports erroneous information to a consumer reporting 
agency, VA must instruct the debt agency to fix the error.
  Importantly, this bill also requires VA to maintain future tracking 
metrics. This information tracks the number of VA overpayments, average 
amount of overpayment, and how often VA grants and denies veterans' 
requests for relief from this debt.
  As we know, VA's information technology system hinders its ability to 
manage erroneous or duplicate payments. That is why this legislation 
requires an audit of overpayments, so whether it is its staffing 
shortages or IT failures, data can guide VA and Congress on where 
resources should be directed.
  I wholeheartedly support this legislation to financially protect 
veterans, because it is an essential step that we need to take to 
ensure that veterans are not forced to face severe consequences due to 
VA's mistakes.
  Madam Speaker, I reserve the balance of my time.
  Mr. DAVID P. ROE of Tennessee. Madam Speaker, I yield myself as much 
time as I may consume.
  Madam Speaker, I rise today in support of H.R. 4360, the VA 
Overpayment Accountability Act.
  Veterans receive overpayments for many reasons. For example, a 
veteran may erroneously receive drill pay and disability compensation 
at the same time. A veteran may reduce their course load after their GI 
Bill payment has been sent from the Department of Veterans Affairs to 
the school, or a veterans' marital status may have changed, but they 
continue to receive additional compensation for dependents. As a 
result, VA creates a debt that the veteran must pay back.
  In some instances, the veteran may be aware that he or she had been 
overpaid and that VA will most likely ask them to return the money, but 
in other circumstances, they may not.
  I am concerned that many overpayments are caused by VA's negligence, 
not the veterans.
  Unexpectedly receiving a debt notification letter can create big 
problems for veterans and their families, especially if they can't 
afford to pay VA back; therefore, it is critical that the VA has the 
tools it needs to effectively prevent overpayments, and that if certain 
types of overpayments are unavoidable, VA's recoupment process is fair 
and considerate for veterans.
  This bill is sponsored by Congressman   Andy Kim from New Jersey and 
is intended to ensure that veterans are not unduly harmed by VA's debt 
collection process.
  Madam Speaker, I appreciate his leadership on this issue, and I urge 
my colleagues to support H.R. 4360.
  Madam Speaker, I reserve the balance of my time.
  Mr. TAKANO. Madam Speaker, I yield 5 minutes to the gentleman from 
New Jersey (Mr. Kim), my good friend.
  Mr. KIM. Madam Speaker, I thank the gentleman for yielding.
  Madam Speaker, I rise today because America's veterans deserve 
America's best. They deserve the best healthcare and the best 
government service.
  I introduced this bipartisan VA Overpayment Accountability Act with 
Congressman French Hill, because sometimes our veterans do not receive 
the best.
  Through several programs, the Department of Veterans Affairs provides 
monthly payments to veterans and other beneficiaries. Because the VA 
often relies on outdated systems to provide those payments, those 
recipients sometimes receive overpayments at no fault of their own. 
When this happens, it is the veteran who pays a price.
  In order to compensate for their mistake, the VA will withhold 
payment from veterans.
  At a time in which 1.4 million veterans across the United States are 
struggling with poverty issues, withholding payment can have severe 
consequences for Americans who earned these benefits.
  Because there is no limit on how much the VA can ask a vet to repay 
and no limit on how far back it can go to collect the debt, these sums 
can impact the credit and financial stability of veterans.

  The VA Overpayment Accountability Act aims to fix these issues by 
improving the VA IT systems that are often the cause of these 
overpayments. It also provides credit protection for veterans who are 
the victims of overpayments and become targets of unfair practices.
  As a grateful Nation, we should aim to honor our veterans, not send 
debt collectors after them because of a failure at the Department of 
Veterans Affairs.
  Barbara Kim-Hagemann, the State Commander of the Department of New 
Jersey Veterans of Foreign Wars said in her endorsement remarks of this 
bill that it is imperative that Congress work to correct ``harsh 
Veterans Administration procedures in recouping benefit overpayments 
from veterans who are barely living paycheck to paycheck.''
  Madam Speaker, on behalf of the thousands of veterans that Barbara 
fights for every day and the millions across our country who sacrificed 
in their service, I call on my colleagues to join me and Congressman 
Hill in this bipartisan effort to make the VA work and honor our 
veterans.
  Mr. DAVID P. ROE of Tennessee. Mr. Speaker, I yield 3 minutes to the 
gentleman from Arkansas (Mr. Hill), my good friend.
  He is incredibly committed to our veterans. I have toured two 
different veterans' medical centers in his home State of Arkansas.
  Mr. HILL of Arkansas. Mr. Speaker, I thank my friend from Tennessee 
and my good friend from California for their leadership of our 
Veterans' Affairs Committee. They are a dynamic duo. I appreciate the 
opportunity to be on the floor to be in support of this list of good 
bills tonight.
  Mr. Speaker, I particularly want to thank my friend from New Jersey, 
Mr. Kim, for his hard work and collaboration on this important bill for 
our veterans.
  Mr. Speaker, in the last 5 years I have served in this House, I have 
had over 3,200 cases completed and closed for veterans in my district.
  As a former community banker, when I look at those cases and I listen 
to these stories, this too often is a challenge for our veterans. It is 
a crazy challenge. Mr. Speaker, that withholding a payment can have 
severe consequences for our brave veterans who are out there just doing 
their job, through no fault of their own and through a computer mess up 
or an IT problem, our veterans receive an overpayment and then suddenly 
get a letter a few weeks later saying, ``Oh, hey, we made a mistake. 
You owe us $5,000 back.''
  Well, the normal American, Mr. Speaker, doesn't have that kind of 
financial planning expertise, and relies on the quality of our VA 
services to not make mistakes like that.
  So it is a pleasure to work with Mr. Kim on this measure to try to 
improve that situation and answer the IG's own report at the VA that 
this is a serious problem affecting over 1.5 million veterans.
  This bill tries to tackle this issue by improving Veterans 
Administration IT systems, which are often the cause of this challenge, 
and offers veterans that unknowingly are forced to go without their 
earned benefits for extended periods of time some recourse on being a 
victim of an overpayment and have their credit impaired.
  I am proud to represent veterans from Camp Robinson and Little Rock 
Air Force Base in our central Arkansas area. I am proud to work on 
something that rectifies a common problem across this country.
  Mr. Speaker, I thank my friend from New Jersey for his work and for 
the leadership of the committee for bringing this bill to the House 
floor.
  Mr. DAVID P. ROE of Tennessee. Mr. Speaker, I reserve the balance of 
my time.
  Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I want to extend, again, my gratitude for the insightful 
and hard work that the gentleman from New Jersey (Mr. Kim) has done 
with this legislation to correct an injustice

[[Page H8757]]

which has been occurring. I thank Congressman Kim for this very 
important legislation.
  Mr. Speaker, I also want to extend my gratitude to the gentleman from 
Arkansas (Mr. Hill), whose district I have visited and whose medical 
center I have also visited. And I have to say that he runs a crack 
operation. That came out wrong.
  He runs, not a crack operation, but amazing constituent services for 
his veterans.
  You know, this unfortunate situation where the VA overpays veterans 
and then claws back those payments will be corrected by this 
legislation.
  Mr. Speaker, I want to say I have no further speakers and I am 
prepared to close.
  Mr. Speaker, I reserve the balance of my time.

                              {time}  1700

  Mr. DAVID P. ROE of Tennessee. Mr. Speaker, I yield myself such time 
as I may consume.
  Mr. Speaker, I don't know about New Jersey and California, but a 
crack operation where we are is a good one, so I think I would take 
that as a compliment.
  I thank Mr. Kim and my good friend Mr. Hill for their work on this.
  It does create, as the chairman said, tremendous anxiety and problems 
for our veterans. It is needless. Many times, it is just a bureaucratic 
mistake. I think all of us have suffered those with the IRS or 
whomever, so this is a way to correct that. I thank these Members for 
bringing it up.
  Mr. Speaker, I strongly support this bill, and I urge Members to.
  Mr. Speaker, I yield back the balance of my time.
  Mr. TAKANO. Mr. Speaker, I urge all of my colleagues to join me in 
passing H.R. 4360, and I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Beyer). The question is on the motion 
offered by the gentleman from California (Mr. Takano) that the House 
suspend the rules and pass the bill, H.R. 4360.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________