116TH CONGRESS 

2D SESSION H. R. 5245 

AN ACT 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Stopping Harm and 

3 Implementing Enhanced Lead-time for Debts for Veterans 

4 Act’’ or the ‘‘SHIELD for Veterans Act’’. 

5 SEC. 2. PROHIBITION OF DEBT ARISING FROM OVERPAY6 MENT DUE TO DELAY IN PROCESSING BY THE 

7 DEPARTMENT OF VETERANS AFFAIRS. 

8 (a) BAR TO RECOVERY.— 

9 (1) IN GENERAL.—Chapter 53 of title 38, 

10 United States Code, is amended by inserting after 

11 section 5302A the following new section: 

12 ‘‘§ 5302B. Prohibition of debt arising from overpay13 ment due to delay in processing 

14 ‘‘(a) LIMITATION.—No individual may incur a debt 

15 to the United States that— 

16 ‘‘(1) arises from any program or benefit admin17 istered by the Under Secretary for Benefits; and 

18 ‘‘(2) is attributable to the failure of an em19 ployee or official of the Department to process infor20 mation provided by or on behalf of that individual 

21 within applicable timeliness standards established by 

22 the Secretary. 

23 ‘‘(b) NOTICE TO BENEFICIARY.—If the Secretary de24 termines that the Secretary has made an overpayment to 

25 an individual, the Secretary shall provide notice to the in26 dividual of the overpayment. Such notice shall include an 
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1 explanation of the right of the individual to dispute the 

2 overpayment or to request a waiver of indebtedness. 

3 ‘‘(c) DELAY ON COLLECTION.—The Secretary may 

4 not take any action under section 3711 of title 31 regard5 ing an overpayment described in a notice under subsection 

6 (b) until the date that is 90 days after the date the Sec7 retary issues such notice.’’. 

8 (2) CLERICAL AMENDMENT.—The table of sec9 tions at the beginning of such chapter is amended 

10 by inserting after the item relating to section 5302A 

11 the following new item: 

‘‘5302B. Prohibition of debt arising from overpayment due to delay in processing.’’. 

12 (3) DEADLINE.—The Secretary of Veterans Af13 fairs shall prescribe regulations to establish stand14 ards under section 5302B(a)(2) of such title, as 

15 added by subsection (a), not later than 180 days 

16 after the date of the enactment of this Act. 

17 (b) PLAN FOR IMPROVED NOTIFICATION AND COM18 MUNICATION OF DEBTS.—Not later than 180 days after 

19 the date of the enactment of this Act, and one year there20 after, the Secretary of Veterans Affairs shall submit to 

21 Congress a report on the improvement of the notification 

22 of and communication with individuals who receive over23 payments made by the Secretary. Such report shall include 

24 each of the following: 
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1 (1) The plan of the Secretary to carry out each 

2 of the following: 

3 (A) The development and implementation 

4 of a mechanism by which individuals enrolled in 

5 the patient enrollment system under section 

6 1705 of title 38, United States Code, may view 

7 their monthly patient medical statements elec8 tronically. 

9 (B) The development and implementation 

10 of a mechanism by which individuals eligible for 

11 benefits under the laws administered by the 

12 Secretary may receive electronic correspondence 

13 relating to debt and overpayment information. 

14 (C) The development and implementation, 

15 by not later than October 1, 2022, of a mecha16 nism by which individuals eligible for benefits 

17 under the laws administered by the Secretary 

18 may access information related to Department 

19 of Veterans Affairs debt electronically. 

20 (D) The improvement and clarification of 

21 Department communications relating to over22 payments and debt collection, including letters 

23 and electronic correspondence. The Secretary 

24 shall develop such improvements and clarifica25 tions in consultation with veterans service orga-
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1 nizations and other relevant non-governmental 

2 organizations. 

3 (E) The development and implementation, 

4 by not later than October 1, 2022, of a mecha5 nism by which veterans may update their de6 pendency information electronically. 

7 (2) A description of the current efforts and 

8 plans for improving the accuracy of payments to in9 dividuals entitled to benefits under the laws adminis10 tered by the Secretary, including specific data 

11 matching agreements. 

12 (3) A description of steps to be taken to im13 prove the identification of underpayments to such in14 dividuals and to improve Department procedures 

15 and policies to ensure that such individuals who are 

16 underpaid receive adequate compensation payments. 

17 (4) A list of actions completed, implementation 

18 steps, and timetables for each requirement described 

19 in paragraphs (1) through (3). 

20 (5) A description of any new legislative author21 ity required to complete any such requirement. 
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1 SEC. 3. THRESHOLD FOR REPORTING DEBTS TO CON2 SUMER REPORTING AGENCIES. 

3 (a) IN GENERAL.—Chapter 53 of title 38, United 

4 States Code, is amended by adding after section 5319 the 

5 following new section: 

6 ‘‘§ 5320. Threshold for reporting debts to consumer 

7 reporting agencies 

8 ‘‘The Secretary shall prescribe regulations that estab9 lish the minimum amount of a claim or debt, arising from 

10 a benefit administered by the Under Secretary for Bene11 fits or Under Secretary for Health, that the Secretary will 

12 report to a consumer reporting agency under section 3711 

13 of title 31.’’. 

14 (b) CLERICAL AMENDMENT.—The table of sections 

15 at the beginning of such chapter is amended by adding 

16 after the item relating to section 5319 the following new 

17 item: 

‘‘5320. Threshold for reporting debts to consumer reporting agencies.’’. 

18 (c) DEADLINE.—The Secretary of Veterans Affairs 

19 shall prescribe regulations under section 5320 of such 

20 title, as added by subsection (a), not later than 180 days 

21 after the date of the enactment of this Act. 

22 SEC. 4. REMOVAL OF DEPENDENTS FROM AWARD OF COM23 PENSATION OR PENSION. 

24 The Secretary of Veterans Affairs shall ensure that— 
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1 (1) a veteran may remove any dependent from 

2 an award of compensation or pension to the veteran 

3 using the eBenefits system of the Department of 

4 Veterans Affairs, or a successor system; and 

5 (2) such removal takes effect not later than 60 

6 days after the date on which the veteran makes such 

7 removal. 

8 SEC. 5. DETERMINATION OF BUDGETARY EFFECTS. 

9 The budgetary effects of this Act, for the purpose of 

10 complying with the Statutory Pay-As-You-Go Act of 2010, 

11 shall be determined by reference to the latest statement 

12 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

13 Act, submitted for printing in the Congressional Record 

14 by the Chairman of the House Budget Committee, pro15 vided that such statement has been submitted prior to the 

16 vote on passage. 

Passed the House of Representatives September 23, 

2020. 

Attest: 

Clerk. 
116TH CONGRESS 

2D SESSION H. R. 5245 

AN ACT 

To amend title 38, United States Code, to provide 

certain information, and for other purposes. erans Affairs by reason of delays in processing of overpayments made by the Department of Vetfor a bar on the recovery of certain payments or