I 116th CONGRESS 1st Session H. R. 5245 IN THE HOUSE OF REPRESENTATIVES November 21, 2019 Mr. Pappas (for himself and Mr. Rose of New York ) introduced the following bill; which was referred to the Committee on Veterans' Affairs A BILL 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. Short title This Act may be cited as the Stopping Harm and Implementing Enhanced Lead-time for Debts for Veterans Act or the SHIELD for Veterans Act . 2. Bar to recovery of certain payments or overpayments made by Department of Veterans Affairs by reason of delays in processing of certain information (a) Bar to recovery (1) In general Chapter 53 of title 38, United States Code, is amended by inserting after section 5302A the following new section: 5302B. Bar to recovery of certain payments or overpayments (a) Limitation The Secretary may not collect all or any part of an amount owed to the United States by any individual under any program under the laws administered by the Secretary if the amount is owed for any payment or overpayment that was caused by the amount of time taken by the Department, or by any employee of the Department, to process information provided by or on behalf of the individual. (b) Notice to beneficiary If the Secretary determines that the Secretary has made an overpayment to an individual, the Secretary shall provide notice to the individual of the overpayment and of any action the Secretary plans to take to collect repayment for the overpayment or to reduce any benefit of the individual by reason of the overpayment by not later than 90 days before taking such action. Such notice shall include an explanation of the right of the individual to dispute the overpayment or to request a waiver of indebtedness. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 5302A the following new item: 5302B. Bar to recovery of certain payments or overpayments. . (b) Plan for improved notification and communication of debts Not later than May 1, 2020, and 12 months thereafter, the Secretary of Veterans Affairs shall submit to Congress a report on the improvement of the notification of and communication with individuals who receive overpayments made by the Secretary. Such report shall include each of the following: (1) The plan of the Secretary to carry out each of the following: (A) The development and implementation, by not later than January 31, 2020, of a mechanism by which individuals enrolled in the patient enrollment system under section 1705 of title 38, United States Code, may view their monthly patient medical statements electronically. (B) The development and implementation, by not later than April 30, 2020, of a mechanism by which individuals eligible for benefits under the laws administered by the Secretary may receive electronic correspondence relating to debt and overpayment information. (C) The development and implementation, by not later than October 1, 2022, of a mechanism by which individuals eligible for benefits under the laws administered by the Secretary may access information related to Department of Veterans Affairs debt electronically. (D) The improvement and clarification, by not later than March 31, 2020, and in consultation with veterans service organizations and other relevant non-governmental organizations, of Department communications relating to overpayments and debt collection, including letters and electronic correspondence. (E) The development and implementation, by not later than October 1, 2022, of a mechanism by which veterans may update their dependency information electronically. (2) A description of the current efforts and plans for improving the accuracy of payments to individuals entitled to benefits under the laws administered by the Secretary, including specific data matching agreements. (3) A description of steps to be taken to improve the identification of underpayments to such individuals and to improve Department procedures and policies to ensure that such individuals who are underpaid receive adequate compensation payments. (4) A list of actions completed, implementation steps, and timetables for each requirement described in paragraphs (1) through (3). (5) A description of any new legislative authority required to complete any such requirement. 3. Prohibition on Department of Veterans Affairs interest and administrative cost charges for debts relating to certain benefits programs (a) In general Section 5315(a)(1) of title 38, United States Code, is amended— (1) by striking other than a loan and all that follows through the semicolon and inserting other than— ; and (2) by adding at the end the following new subparagraphs: (A) a loan, loan-guaranty, or loan-insurance program; (B) a disability compensation program; (C) a pension program; or (D) an educational assistance program. . (b) Effective date The amendments made by subsection (a) shall apply with respect to an indebtedness that occurs on or after the date of the enactment of this Act.