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. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘VA Overpayment Ac-
countability 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 fol-
lowing new section: 
‘‘§ 5320. Correction of erroneous information sub-
mitted to consumer reporting agencies 
‘‘(a) CORRECTING ERRORS BY THE DEPARTMENT.— 
In any case in which the Secretary finds that the Depart-
ment 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 Sec-
retary, the Secretary shall— 
‘‘(1) instruct the consumer reporting agency to 
remove such erroneous information from the con-
sumer report of such person or take such other ac-
tion as may be required to ensure that such erro-
neous information is not included in the report of 
such person; and 
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‘‘(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 col-
lector acting on behalf of the Department has submitted 
erroneous information to a consumer reporting agency 
about the indebtedness of any person who has been deter-
mined 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 infor-
mation 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 sub-
section (a)(1) or (b) with respect to a person, the Sec-
retary shall notify the person that the Secretary issued 
such instruction. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) The terms ‘consumer report’ and ‘con-
sumer reporting agency’ have the meanings given 
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such terms in section 603 of the Fair Credit Report-
ing Act (15 U.S.C. 1681a). 
‘‘(2) The term ‘debt collector’ has the meaning 
given such term in section 803 of the Fair Debt Col-
lection 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 DEPART-
MENT OF VETERANS AFFAIRS. 
The Secretary of Veterans Affairs shall improve the 
information technology of the Department of Veterans Af-
fairs (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— 
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(A) is entitled to a payment from the Sec-
retary 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 DE-
PENDENTS.—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 in-
curs 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 
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(D) such other metrics the Secretary deter-
mines appropriate. 
SEC. 4. AUDIT OF ERRONEOUS PAYMENTS BY VETERANS 
BENEFITS ADMINISTRATION; PLAN OF COR-
RECTION. 
(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 par-
ticipation 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 posi-
tions in the Veterans Benefits Administration affect 
such frequency. 
(b) PLAN.—Not later than 30 days after the comple-
tion of the audit under subsection (a), the Secretary of 
Veterans Affairs shall submit to the Committees on Vet-
erans’ Affairs of the Senate and House of Representatives 
a plan and description of resources necessary to align in-
formation technology systems to ensure that errors de-
scribed in subsection (a)(1) are not the result of commu-
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nication or absence of communication between information 
technology systems. 
Passed the House of Representatives November 12, 
2019. 
Attest: 
CHERYL L. JOHNSON, 
Clerk. 
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