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 improve the processing of veterans benefits by the Department of Veterans Affairs, and for other purposes. 


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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘VA Overpayment Ac5 countability Act’’. 

6 SEC. 2. REPAIR OF CREDIT. 

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

8 States Code, is amended by adding at the end the fol9 lowing new section: 

10 ‘‘§ 5320. Correction of erroneous information sub11 mitted to consumer reporting agencies 

12 ‘‘(a) CORRECTING ERRORS BY THE DEPARTMENT.— 

13 In any case in which the Secretary finds that the Depart14 ment has submitted erroneous information to a consumer 

15 reporting agency about the indebtedness of any person 

16 who has been determined by the Secretary to be indebted 

17 to the United States by virtue of the participation of that 

18 person in a benefits program administered by the Sec19 retary, the Secretary shall— 

20 ‘‘(1) instruct the consumer reporting agency to 

21 remove such erroneous information from the con22 sumer report of such person or take such other ac23 tion as may be required to ensure that such erro24 neous information is not included in the report of 

25 such person; and 


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1 ‘‘(2) transmit to the consumer reporting agency 

2 such information as the consumer reporting agency 

3 may require to take such appropriate actions. 

4 ‘‘(b) CORRECTING ERRORS BY DEBT COLLECTORS.— 

5 In any case in which the Secretary finds that a debt col6 lector acting on behalf of the Department has submitted 

7 erroneous information to a consumer reporting agency 

8 about the indebtedness of any person who has been deter9 mined by the Secretary to be indebted to the United States 

10 by virtue of the participation of that person in a benefits 

11 program administered by the Secretary, the Secretary 

12 shall instruct the debt collector to request the consumer 

13 reporting agency remove such erroneous information from 

14 the consumer report of such person or take such other 

15 action as may be required to ensure such erroneous infor16 mation is not included in the report of such person. 

17 ‘‘(c) NOTICE.—Not later than 60 days after the date 

18 on which the Secretary issues an instruction under sub19 section (a)(1) or (b) with respect to a person, the Sec20 retary shall notify the person that the Secretary issued 

21 such instruction. 

22 ‘‘(d) DEFINITIONS.—In this section: 

23 ‘‘(1) The terms ‘consumer report’ and ‘con24 sumer reporting agency’ have the meanings given 


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1 such terms in section 603 of the Fair Credit Report2 ing Act (15 U.S.C. 1681a). 

3 ‘‘(2) The term ‘debt collector’ has the meaning 

4 given such term in section 803 of the Fair Debt Col5 lection Practices Act (15 U.S.C. 1692a).’’. 

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

7 at the beginning of chapter 53 of such title is amended 

8 by adding at the end the following new item: 

‘‘5320. Correction of erroneous information submitted to consumer reporting 

agencies.’’. 

9 (c) EFFECTIVE DATE.—The amendments made by 

10 this section shall take effect on the date of the enactment 

11 of this Act and shall apply with respect to deductions 

12 made under section 5314 of such title, administrative 

13 costs under section 5315 of such title, and suits filed 

14 under section 5316 of such title on or after such date. 

15 SEC. 3. IMPROVED PROCESSING OF BENEFITS BY DEPART16 MENT OF VETERANS AFFAIRS. 

17 The Secretary of Veterans Affairs shall improve the 

18 information technology of the Department of Veterans Af19 fairs (including the eBenefits system or successor system) 

20 as may be necessary to achieve the following: 

21 (1) NOTIFICATION OF DEBTS INCURRED.—The 

22 Secretary shall provide a notification to a person 

23 who— 


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1 (A) is entitled to a payment from the Sec2 retary under a benefits program administered 

3 by the Secretary; 

4 (B) incurs a debt to the United States 

5 under that benefits program; and 

6 (C) elects to receive such notifications. 

7 (2) REVIEW OF INFORMATION REGARDING DE8 PENDENTS.—A person entitled to a payment from 

9 the Secretary under a benefits program administered 

10 by the Secretary may review information relating to 

11 dependents of that person. 

12 (3) TRACKING METRICS.—The Secretary shall 

13 be able to track— 

14 (A) the number and amount of payments 

15 made by the Secretary to a person entitled to 

16 a payment from the Secretary under a benefits 

17 program administered by the Secretary who in18 curs a debt to the United States under such 

19 program; 

20 (B) the average debt to the United States 

21 incurred by a person described in subparagraph 

22 (A); 

23 (C) how frequently the Secretary approves 

24 and denies applications for relief under section 

25 5302(a) of title 38, United States Code; and 


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1 (D) such other metrics the Secretary deter2 mines appropriate. 

3 SEC. 4. AUDIT OF ERRONEOUS PAYMENTS BY VETERANS 

4 BENEFITS ADMINISTRATION; PLAN OF COR5 RECTION. 

6 (a) AUDIT.—Not later than 180 days after the date 

7 of the enactment of this Act, the Secretary of Veterans 

8 Affairs shall complete an audit to determine the following: 

9 (1) The frequency by which the Department of 

10 Veterans Affairs makes an error that results in a 

11 payment to a person by virtue of such person’s par12 ticipation in a benefits program administered by the 

13 Secretary that such person is not entitled to or in 

14 an amount that exceeds the amount to which the 

15 person is entitled. 

16 (2) Whether and to what degree vacant posi17 tions in the Veterans Benefits Administration affect 

18 such frequency. 

19 (b) PLAN.—Not later than 30 days after the comple20 tion of the audit under subsection (a), the Secretary of 

21 Veterans Affairs shall submit to the Committees on Vet22 erans’ Affairs of the Senate and House of Representatives 

23 a plan and description of resources necessary to align in24 formation technology systems to ensure that errors de25 scribed in subsection (a)(1) are not the result of commuVerDate Sep 11 2014 23:37 Nov 13, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4360.RFS H4360

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1 nication or absence of communication between information 

2 technology systems. 

Passed the House of Representatives November 12, 

2019. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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