VA Overpayment Accountability Act

IIB 116TH CONGRESS 1ST SESSION H. R. 4360 IN THE SENATE OF THE UNITED STATES NOVEMBER 13, 2019 Received; read twice and referred to the Committee on Veterans’ Affairs AN ACT 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 im- prove the processing of veterans benefits by the Depart- ment of Veterans Affairs, and for other purposes. VerDate Sep 11 2014 23:37 Nov 13, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H4360.RFS H4360 pamtmann on DSKBC07HB2PROD with BILLS 2 HR 4360 RFS Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘VA Overpayment Ac- 4 countability Act’’. 5 SEC. 2. REPAIR OF CREDIT. 6 (a) IN GENERAL.—Chapter 53 of title 38, United 7 States Code, is amended by adding at the end the fol- 8 lowing new section: 9 ‘‘§ 5320. Correction of erroneous information sub- 10 mitted to consumer reporting agencies 11 ‘‘(a) CORRECTING ERRORS BY THE DEPARTMENT.— 12 In any case in which the Secretary finds that the Depart- 13 ment has submitted erroneous information to a consumer 14 reporting agency about the indebtedness of any person 15 who has been determined by the Secretary to be indebted 16 to the United States by virtue of the participation of that 17 person in a benefits program administered by the Sec- 18 retary, the Secretary shall— 19 ‘‘(1) instruct the consumer reporting agency to 20 remove such erroneous information from the con- 21 sumer report of such person or take such other ac- 22 tion as may be required to ensure that such erro- 23 neous information is not included in the report of 24 such person; and 25 VerDate Sep 11 2014 23:37 Nov 13, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4360.RFS H4360 pamtmann on DSKBC07HB2PROD with BILLS 3 HR 4360 RFS ‘‘(2) transmit to the consumer reporting agency 1 such information as the consumer reporting agency 2 may require to take such appropriate actions. 3 ‘‘(b) CORRECTING ERRORS BY DEBT COLLECTORS.— 4 In any case in which the Secretary finds that a debt col- 5 lector acting on behalf of the Department has submitted 6 erroneous information to a consumer reporting agency 7 about the indebtedness of any person who has been deter- 8 mined by the Secretary to be indebted to the United States 9 by virtue of the participation of that person in a benefits 10 program administered by the Secretary, the Secretary 11 shall instruct the debt collector to request the consumer 12 reporting agency remove such erroneous information from 13 the consumer report of such person or take such other 14 action as may be required to ensure such erroneous infor- 15 mation is not included in the report of such person. 16 ‘‘(c) NOTICE.—Not later than 60 days after the date 17 on which the Secretary issues an instruction under sub- 18 section (a)(1) or (b) with respect to a person, the Sec- 19 retary shall notify the person that the Secretary issued 20 such instruction. 21 ‘‘(d) DEFINITIONS.—In this section: 22 ‘‘(1) The terms ‘consumer report’ and ‘con- 23 sumer reporting agency’ have the meanings given 24 VerDate Sep 11 2014 23:37 Nov 13, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4360.RFS H4360 pamtmann on DSKBC07HB2PROD with BILLS 4 HR 4360 RFS such terms in section 603 of the Fair Credit Report- 1 ing Act (15 U.S.C. 1681a). 2 ‘‘(2) The term ‘debt collector’ has the meaning 3 given such term in section 803 of the Fair Debt Col- 4 lection Practices Act (15 U.S.C. 1692a).’’. 5 (b) CLERICAL AMENDMENT.—The table of sections 6 at the beginning of chapter 53 of such title is amended 7 by adding at the end the following new item: 8 ‘‘5320. Correction of erroneous information submitted to consumer reporting agencies.’’. (c) EFFECTIVE DATE.—The amendments made by 9 this section shall take effect on the date of the enactment 10 of this Act and shall apply with respect to deductions 11 made under section 5314 of such title, administrative 12 costs under section 5315 of such title, and suits filed 13 under section 5316 of such title on or after such date. 14 SEC. 3. IMPROVED PROCESSING OF BENEFITS BY DEPART- 15 MENT OF VETERANS AFFAIRS. 16 The Secretary of Veterans Affairs shall improve the 17 information technology of the Department of Veterans Af- 18 fairs (including the eBenefits system or successor system) 19 as may be necessary to achieve the following: 20 (1) NOTIFICATION OF DEBTS INCURRED.—The 21 Secretary shall provide a notification to a person 22 who— 23 VerDate Sep 11 2014 23:37 Nov 13, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4360.RFS H4360 pamtmann on DSKBC07HB2PROD with BILLS 5 HR 4360 RFS (A) is entitled to a payment from the Sec- 1 retary under a benefits program administered 2 by the Secretary; 3 (B) incurs a debt to the United States 4 under that benefits program; and 5 (C) elects to receive such notifications. 6 (2) REVIEW OF INFORMATION REGARDING DE- 7 PENDENTS.—A person entitled to a payment from 8 the Secretary under a benefits program administered 9 by the Secretary may review information relating to 10 dependents of that person. 11 (3) TRACKING METRICS.—The Secretary shall 12 be able to track— 13 (A) the number and amount of payments 14 made by the Secretary to a person entitled to 15 a payment from the Secretary under a benefits 16 program administered by the Secretary who in- 17 curs a debt to the United States under such 18 program; 19 (B) the average debt to the United States 20 incurred by a person described in subparagraph 21 (A); 22 (C) how frequently the Secretary approves 23 and denies applications for relief under section 24 5302(a) of title 38, United States Code; and 25 VerDate Sep 11 2014 23:37 Nov 13, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4360.RFS H4360 pamtmann on DSKBC07HB2PROD with BILLS 6 HR 4360 RFS (D) such other metrics the Secretary deter- 1 mines appropriate. 2 SEC. 4. AUDIT OF ERRONEOUS PAYMENTS BY VETERANS 3 BENEFITS ADMINISTRATION; PLAN OF COR- 4 RECTION. 5 (a) AUDIT.—Not later than 180 days after the date 6 of the enactment of this Act, the Secretary of Veterans 7 Affairs shall complete an audit to determine the following: 8 (1) The frequency by which the Department of 9 Veterans Affairs makes an error that results in a 10 payment to a person by virtue of such person’s par- 11 ticipation in a benefits program administered by the 12 Secretary that such person is not entitled to or in 13 an amount that exceeds the amount to which the 14 person is entitled. 15 (2) Whether and to what degree vacant posi- 16 tions in the Veterans Benefits Administration affect 17 such frequency. 18 (b) PLAN.—Not later than 30 days after the comple- 19 tion of the audit under subsection (a), the Secretary of 20 Veterans Affairs shall submit to the Committees on Vet- 21 erans’ Affairs of the Senate and House of Representatives 22 a plan and description of resources necessary to align in- 23 formation technology systems to ensure that errors de- 24 scribed in subsection (a)(1) are not the result of commu- 25 VerDate Sep 11 2014 23:37 Nov 13, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4360.RFS H4360 pamtmann on DSKBC07HB2PROD with BILLS 7 HR 4360 RFS nication or absence of communication between information 1 technology systems. 2 Passed the House of Representatives November 12, 2019. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 23:37 Nov 13, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4360.RFS H4360 pamtmann on DSKBC07HB2PROD with BILLS