SHIELD for Veterans Act

Bill: 116-hr-5245
Sponsor: full_name: Rep. Pappas, Chris [D-NH-1]
Introduced: 2019-11-21
Policy area: Armed Forces and National Security
Subjects: Administrative remedies

Congressional oversight

Debt collection

Department of Veterans Affairs

Government information and archives

Government lending and loan guarantees

Health care costs and insurance

Veterans' education, employment, rehabilitation

Veterans' pensions and compensation
Latest action: action_date: 2020-09-24
text: Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 555.

Summaries:
action_date: 2019-11-21
action_desc: Introduced in House
text: <p><b>Stopping Harm and Implementing Enhanced Lead-time for Debts for Veterans Act or the SHIELD for Veterans Act</b></p> <p>This bill updates debt collection and overpayment processes related to Department of Veterans Affairs (VA) benefits or programs.</p> <p>Specifically, the bill prohibits the VA from collecting all or any part of an amount owed under a VA program if the amount is owed for any payment or overpayment that was caused by the amount of time taken by the VA to process information provided by or on behalf of an individual.</p> <p>If the VA has made an overpayment to an individual, the VA must provide notice to the individual of the overpayment and any action the VA plans to take to collect repayment or reduce any benefit of the individual at least 90 days before taking such action. The notice must include an explanation of the right of the individual to dispute the overpayment or request a waiver of indebtedness. </p> <p>The VA must report on its plan for the improvement of the notification and communication processes for individuals who receive overpayments from the VA.</p> <p>The bill prohibits interest and administrative cost charges on delinquent payments of debt resulting from a person's participation in a VA disability compensation program, pension program, or an educational assistance program.</p>

action_date: 2020-09-23
action_desc: Passed House
text: <p><b>Stopping Harm and Implementing Enhanced Lead-time for Debts for Veterans Act or the SHIELD for Veterans Act</b> </p> <p>This bill updates debt collection and overpayment processes related to Department of Veterans Affairs benefits or programs.</p>

tv_txt: 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.

tv_txt: I 116th CONGRESS 2d Session H. R. 5245 IN THE HOUSE OF REPRESENTATIVES 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. 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. Prohibition of debt arising from overpayment due to delay in processing by the Department of Veterans Affairs (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. Prohibition of debt arising from overpayment due to delay in processing (a) Limitation No individual may incur a debt to the United States that— (1) arises from any program or benefit administered by the Under Secretary for Benefits; and (2) is attributable to the failure of an employee or official of the Department to process information provided by or on behalf of that individual within applicable timeliness standards established by the Secretary. (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. Such notice shall include an explanation of the right of the individual to dispute the overpayment or to request a waiver of indebtedness. (c) Delay on collection The Secretary may not take any action under section 3711 of title 31 regarding an overpayment described in a notice under subsection (b) until the date that is 90 days after the date the Secretary issues such notice. . (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. Prohibition of debt arising from overpayment due to delay in processing. . (3) Deadline The Secretary of Veterans Affairs shall prescribe regulations to establish standards under section 5302B(a)(2) of such title, as added by subsection (a), not later than 180 days after the date of the enactment of this Act. (b) Plan for improved notification and communication of debts Not later than 180 days after the date of the enactment of this Act, and one year 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 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 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 of Department communications relating to overpayments and debt collection, including letters and electronic correspondence. The Secretary shall develop such improvements and clarifications in consultation with veterans service organizations and other relevant non-governmental organizations. (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. Threshold for reporting debts to consumer reporting agencies (a) In general Chapter 53 of title 38, United States Code, is amended by adding after section 5319 the following new section: 5320. Threshold for reporting debts to consumer reporting agencies The Secretary shall prescribe regulations that establish the minimum amount of a claim or debt, arising from a benefit administered by the Under Secretary for Benefits or Under Secretary for Health, that the Secretary will report to a consumer reporting agency under section 3711 of title 31. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding after the item relating to section 5319 the following new item: 5320. Threshold for reporting debts to consumer reporting agencies. . (c) Deadline The Secretary of Veterans Affairs shall prescribe regulations under section 5320 of such title, as added by subsection (a), not later than 180 days after the date of the enactment of this Act. 4. Removal of dependents from award of compensation or pension The Secretary of Veterans Affairs shall ensure that— (1) a veteran may remove any dependent from an award of compensation or pension to the veteran using the eBenefits system of the Department of Veterans Affairs, or a successor system; and (2) such removal takes effect not later than 60 days after the date on which the veteran makes such removal. 5. Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Passed the House of Representatives September 23, 2020. Cheryl L. Johnson, Clerk.

tv_txt: II Calendar No. 555 116th CONGRESS 2d Session H. R. 5245 IN THE SENATE OF THE UNITED STATES September 24, 2020 Received; read twice and placed on the calendar 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. 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. Prohibition of debt arising from overpayment due to delay in processing by the Department of Veterans Affairs (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. Prohibition of debt arising from overpayment due to delay in processing (a) Limitation No individual may incur a debt to the United States that— (1) arises from any program or benefit administered by the Under Secretary for Benefits; and (2) is attributable to the failure of an employee or official of the Department to process information provided by or on behalf of that individual within applicable timeliness standards established by the Secretary. (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. Such notice shall include an explanation of the right of the individual to dispute the overpayment or to request a waiver of indebtedness. (c) Delay on collection The Secretary may not take any action under section 3711 of title 31 regarding an overpayment described in a notice under subsection (b) until the date that is 90 days after the date the Secretary issues such notice. . (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. Prohibition of debt arising from overpayment due to delay in processing. . (3) Deadline The Secretary of Veterans Affairs shall prescribe regulations to establish standards under section 5302B(a)(2) of such title, as added by subsection (a), not later than 180 days after the date of the enactment of this Act. (b) Plan for improved notification and communication of debts Not later than 180 days after the date of the enactment of this Act, and one year 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 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 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 of Department communications relating to overpayments and debt collection, including letters and electronic correspondence. The Secretary shall develop such improvements and clarifications in consultation with veterans service organizations and other relevant non-governmental organizations. (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. Threshold for reporting debts to consumer reporting agencies (a) In general Chapter 53 of title 38, United States Code, is amended by adding after section 5319 the following new section: 5320. Threshold for reporting debts to consumer reporting agencies The Secretary shall prescribe regulations that establish the minimum amount of a claim or debt, arising from a benefit administered by the Under Secretary for Benefits or Under Secretary for Health, that the Secretary will report to a consumer reporting agency under section 3711 of title 31. . (b) Clerical amendment The table of sections at the beginning of such chapter is amended by adding after the item relating to section 5319 the following new item: 5320. Threshold for reporting debts to consumer reporting agencies. . (c) Deadline The Secretary of Veterans Affairs shall prescribe regulations under section 5320 of such title, as added by subsection (a), not later than 180 days after the date of the enactment of this Act. 4. Removal of dependents from award of compensation or pension The Secretary of Veterans Affairs shall ensure that— (1) a veteran may remove any dependent from an award of compensation or pension to the veteran using the eBenefits system of the Department of Veterans Affairs, or a successor system; and (2) such removal takes effect not later than 60 days after the date on which the veteran makes such removal. 5. Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

Passed the House of Representatives September 23, 2020. Cheryl L. Johnson, Clerk

September 24, 2020 Received; read twice and placed on the calendar