[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 805 Reported in Senate (RS)]
<DOC>
Calendar No. 539
116th CONGRESS
2d Session
S. 805
To amend title 38, United States Code, to improve the processing of
veterans benefits by the Department of Veterans Affairs, to limit the
authority of the Secretary of Veterans Affairs to recover overpayments
made by the Department and other amounts owed by veterans to the United
States, to improve the due process accorded veterans with respect to
such recovery, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 14, 2019
Mr. Tester (for himself, Mr. Boozman, Mr. Brown, Mr. Blumenthal, Ms.
Stabenow, Ms. Harris, Ms. Warren, Mr. Wyden, Mrs. Shaheen, Ms. Baldwin,
and Ms. Klobuchar) introduced the following bill; which was read twice
and referred to the Committee on Veterans' Affairs
September 15, 2020
Reported by Mr. Moran, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to improve the processing of
veterans benefits by the Department of Veterans Affairs, to limit the
authority of the Secretary of Veterans Affairs to recover overpayments
made by the Department and other amounts owed by veterans to the United
States, to improve the due process accorded veterans with respect to
such recovery, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Veteran Debt Fairness Act
of 2019''.</DELETED>
<DELETED>SEC. 2. IMPROVING PROCESSING OF VETERANS BENEFITS BY
DEPARTMENT OF VETERANS AFFAIRS.</DELETED>
<DELETED> (a) Notification of Debts Incurred.--The Secretary of
Veterans Affairs shall make such changes to such information technology
systems of the Department of Veterans Affairs, including the eBenefits
system or successor system, as may be necessary so that a person who is
entitled to a payment from the Department by virtue of the person's
participation in a benefits program administered by the Secretary will
receive, at the request of the person, a notice from the Department
through means selected by the individual (by electronic mail or other
mechanism) whenever such person incurs a debt to the United States by
virtue of such participation.</DELETED>
<DELETED> (b) Updating Dependent Information.--The Secretary shall
make such changes to such information technology systems of the
Department, including the eBenefits system or successor system, as may
be necessary so that whenever the Secretary records in such systems
information about a dependent of a person, the person is able to review
and revise such information.</DELETED>
<DELETED> (c) Tracking of Metrics.--The Secretary shall make such
changes to such information technology systems of the Department as may
be necessary to track the following:</DELETED>
<DELETED> (1) The number and amount of payments made by the
Department to persons as part of a benefits program
administered by the Secretary which result in the persons
incurring a debt to the United States by virtue of such
payments.</DELETED>
<DELETED> (2) The average debt to the United States incurred
by a person by virtue of a payment described in paragraph
(1).</DELETED>
<DELETED> (3) The frequency by which applications for relief
under section 5302(a) of title 38, United States Code, are
approved and denied.</DELETED>
<DELETED> (4) Such other metrics as the Secretary considers
appropriate.</DELETED>
<DELETED>SEC. 3. REFORMS RELATING TO RECOVERY BY DEPARTMENT OF VETERANS
AFFAIRS OF AMOUNTS OWED BY VETERANS TO THE UNITED
STATES.</DELETED>
<DELETED> (a) Indebtedness Offsets.--</DELETED>
<DELETED> (1) Limitation on scope of authority.--Subsection
(a) of section 5314 of title 38, United States Code, is
amended--</DELETED>
<DELETED> (A) by inserting ``(1)'' before ``Subject
to'';</DELETED>
<DELETED> (B) in paragraph (1), as designated by
subparagraph (A), by striking ``to subsections (b) and
(d) of this section'' and inserting ``to paragraphs (2)
through (6) of this subsection, subsections (b) and (e)
of this section,''; and</DELETED>
<DELETED> (C) by adding at the end the following new
paragraph:</DELETED>
<DELETED> ``(2) Notwithstanding any other provision of law, the
Secretary may only deduct under paragraph (1) an amount of the
indebtedness of a veteran, the estate of a veteran, a spouse or child
of a veteran who is deceased, or a recipient of educational assistance
under chapter 30, 31, 32, 33, 34, or 35 of this title if the
indebtedness is a result of one or more of the following:</DELETED>
<DELETED> ``(A) An error made by or failure to report
required information to the Department by the veteran, estate,
spouse, child, or recipient of educational assistance, as the
case may be.</DELETED>
<DELETED> ``(B) Fraud perpetrated by the veteran, estate,
spouse, child, or recipient of educational assistance, as the
case may be.</DELETED>
<DELETED> ``(C) A misrepresentation made by the veteran,
estate, spouse, child, or recipient of educational assistance,
as the case may be.</DELETED>
<DELETED> ``(D) In the case of a recipient of educational
assistance under such chapters, a reduction in or termination
of pursuit of a program of education by the
recipient.</DELETED>
<DELETED> ``(E) A failure described in section 3319(i)(2)(A)
of this title.</DELETED>
<DELETED> ``(3)(A) The Secretary may not deduct under paragraph (1)
from any payment made under chapter 11 or 15 of this title more than
the lessor of--</DELETED>
<DELETED> ``(i) 25 percent of such payment; or</DELETED>
<DELETED> ``(ii) such other percent of such payment as the
Secretary and the person whose future payments are to be
reduced under paragraph (1) agree would not cause a hardship to
the person of the payment.</DELETED>
<DELETED> ``(B) A person whose future payments are to be reduced
under paragraph (1) may request, via the administrative process
prescribed under subsection (c), the Secretary make a determination
under subparagraph (A)(ii) of this paragraph.</DELETED>
<DELETED> ``(4) In the case of an indebtedness that was incurred as
a result of an error or failure described in paragraph (2)(A), the
Secretary may not deduct under paragraph (1) any amount relating to
such indebtedness after the date that is five years after the date on
which the debt was incurred.</DELETED>
<DELETED> ``(5) The Secretary may not deduct under paragraph (1) any
amount relating to an indebtedness while the existence or amount of
such indebtedness is being--</DELETED>
<DELETED> ``(A) disputed under subsection (c); or</DELETED>
<DELETED> ``(B) appealed.</DELETED>
<DELETED> ``(6) The Secretary may not deduct under paragraph (1) any
amount if the Secretary determines that the cost that would be incurred
by the Department to recover such amount would exceed the amount to be
recovered.</DELETED>
<DELETED> ``(7) Paragraphs (2) through (6) shall not apply to
payments under chapter 19 of this title.''.</DELETED>
<DELETED> (2) Due process.--</DELETED>
<DELETED> (A) Minimum period for notice.--Subsection
(b) of such section is amended--</DELETED>
<DELETED> (i) by amending paragraph (1) to
read as follows:</DELETED>
<DELETED> ``(1) has made reasonable efforts to notify such
person of such person's right--</DELETED>
<DELETED> ``(A) to dispute through prescribed
administrative processes the existence or amount of
such indebtedness;</DELETED>
<DELETED> ``(B) to request a waiver of such
indebtedness under section 5302 of this title;
and</DELETED>
<DELETED> ``(C) to request the Secretary make a
determination under subsection (a)(3)(A)(ii);'';
and</DELETED>
<DELETED> (ii) by striking paragraph (3) and
inserting the following new
paragraphs:</DELETED>
<DELETED> ``(3) has notified such person about the proposed
deductions by mailing a notice of intent letter, which--
</DELETED>
<DELETED> ``(A) is mailed to the person--</DELETED>
<DELETED> ``(i) in the case of a debt
incurred by a person by virtue of the person's
participation in a program of educational
assistance administered by the Secretary, not
later than 45 days before making any of such
deductions; and</DELETED>
<DELETED> ``(ii) in the case of a debt
incurred by a person by virtue of the person's
participation in any other benefit program
administered by the Secretary, not later than
90 days before making any of such deductions;
and</DELETED>
<DELETED> ``(B) includes detailed information about
the indebtedness, including, in the case of an
overpayment, an itemized list of each overpayment and
the specific reason for the overpayment.''.</DELETED>
<DELETED> (B) Adjudication of disputes.--</DELETED>
<DELETED> (i) In general.--Such section is
amended--</DELETED>
<DELETED> (I) by redesignating
subsections (c) and (d) as subsections
(d) and (e); and</DELETED>
<DELETED> (II) by inserting after
subsection (b) the following new
subsection (c):</DELETED>
<DELETED> ``(c)(1) The Secretary shall prescribe an administrative
process for--</DELETED>
<DELETED> ``(A) the dispute of the existence or amount of an
indebtedness subject to subsection (a); and</DELETED>
<DELETED> ``(B) making requests under paragraph (3)(B) of
such subsection.</DELETED>
<DELETED> ``(2) The Secretary shall ensure that each dispute under
paragraph (1)(A) is adjudicated not later than 120 days after the
dispute is filed.</DELETED>
<DELETED> ``(3) The Secretary may not submit to any debt collector
(as defined in section 803 of the Fair Debt Collection Practices Act
(15 U.S.C. 1692a)) any debt pending adjudication under the process
prescribed under paragraph (1).</DELETED>
<DELETED> ``(4) Nothing in this subsection shall be construed to
prohibit a person from seeking relief from a court of competent
jurisdiction.''.</DELETED>
<DELETED> (ii) Limitations on interest and
fees charged during period of dispute.--Section
5315 of such title is amended--</DELETED>
<DELETED> (I) in subsection (b)(1),
in the first sentence by striking ``or
(B)'' and inserting ``(B) for any
period during which the existence or
amount of the indebtedness is being
disputed under section 5314(c) of this
title, or (C)''; and</DELETED>
<DELETED> (II) in subsection (c)--
</DELETED>
<DELETED> (aa) by inserting
``(1)'' before ``The
administrative''; and</DELETED>
<DELETED> (bb) by adding at
the end the following new
paragraph:</DELETED>
<DELETED> ``(2) No administrative costs may be charged under this
section with respect to an indebtedness described in subsection (a)
while the existence or amount of the indebtedness is being disputed
under section 5314(c) of this title.''.</DELETED>
<DELETED> (3) Effective date.--This subsection and the
amendments made by this subsection 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 on or after
such date.</DELETED>
<DELETED> (4) Rule of construction.--This subsection and the
amendments made by this subsection shall be construed to apply
to an error in a payment to a person from the Department of
Veterans Affairs the person is entitled to by virtue of the
person's participation in a benefits program administered by
the Secretary of Veterans Affairs following the person's notice
to the Department of a change in the person's eligibility
regarding such benefit or participation.</DELETED>
<DELETED> (b) Limitation on Authority To Sue To Collect Certain
Debts.--</DELETED>
<DELETED> (1) In general.--Section 5316(a) of such title is
amended--</DELETED>
<DELETED> (A) in paragraph (1), by striking ``(2)
and (3)'' and inserting ``(2), (3), and
(4)'';</DELETED>
<DELETED> (B) by redesignating paragraph (3) as
paragraph (4); and</DELETED>
<DELETED> (C) by inserting after paragraph (2) the
following new paragraph (3):</DELETED>
<DELETED> ``(3) In the case of an indebtedness that was incurred as
a result or an error or failure described in section 5314(a)(2)(A) of
this title, no suit may be filed under this section to recover the
indebtedness after the date that is five years after the date on which
the debt was incurred.''.</DELETED>
<DELETED> (2) Effective date.--This subsection and the
amendments made by this subsection shall take effect on the
date of the enactment of this Act and shall apply with respect
to suits filed under section 5316 of such title on or after
such date.</DELETED>
<DELETED> (c) Limitation on Cooperation With Other Federal Agencies
To Collect.--Section 5316 of such title is amended by adding at the end
the following new subsection:</DELETED>
<DELETED> ``(d) The Secretary may not provide any information or
assistance to any other element of the Federal Government to recover,
whether by bringing suit in a court of competent jurisdiction, by
deducting amounts from future payments, or by other method, any
indebtedness of any person who has been determined to be indebted to
the United States by virtue of such person's participation in a
benefits program administered by the Secretary if the Secretary does
not have the authority to recover such indebtedness under this
title.''.</DELETED>
<DELETED> (d) Repair of Credit.--</DELETED>
<DELETED> (1) In general.--Chapter 53 of such title is
amended by adding at the end the following new
section:</DELETED>
<DELETED>``Sec. 5320. Correction of erroneous information submitted to
consumer reporting agencies</DELETED>
<DELETED> ``(a) Correcting Errors by the Department.--In any case in
which the Secretary finds that the Department 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 such person's participation in a
benefits program administered by the Secretary, the Secretary shall--
</DELETED>
<DELETED> ``(1) instruct the consumer reporting agency to
remove such erroneous information from the consumer report of
such person or take such other action as may be required to
ensure that such erroneous information is not included in the
report of such person; and</DELETED>
<DELETED> ``(2) transmit to the consumer reporting agency
such information as the consumer reporting agency may require
to take such appropriate actions.</DELETED>
<DELETED> ``(b) Correcting Errors by Debt Collectors.--In any case
in which the Secretary finds that a debt collector acting on behalf of
the Department 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 such person's participation 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
information is not included in the report of such person.''</DELETED>
<DELETED> ``(c) Notice.--Not later than 60 days after the date on
which the Secretary issues an instruction under subsection (a)(1) or
(b) with respect to a person, the Secretary shall notify the person
that the Secretary issued such instruction.</DELETED>
<DELETED> ``(d) Definitions.--In this section:</DELETED>
<DELETED> ``(1) The terms `consumer report' and `consumer
reporting agency' have the meanings given such terms in section
603 of the Fair Credit Reporting Act (15 U.S.C.
1681a).</DELETED>
<DELETED> ``(2) The term `debt collector' has the meaning
given such term in section 803 of the Fair Debt Collection
Practices Act (15 U.S.C. 1692a).''.</DELETED>
<DELETED> (2) 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:</DELETED>
<DELETED>``5320. Correction of erroneous information submitted to
consumer reporting agencies.''.
<DELETED> (e) Audits.--</DELETED>
<DELETED> (1) One-time 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:</DELETED>
<DELETED> (A) 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
participation 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.</DELETED>
<DELETED> (B) Whether and to what degree vacant
positions in the Veterans Benefits Administration
affect such errors.</DELETED>
<DELETED> (2) Annual audits.--Section 5314 of such title, as
amended by subsection (a), is further amended by adding at the
end the following new subsection:</DELETED>
<DELETED> ``(f) Not less frequently than once each year, the
Secretary shall complete an audit of not less than 10 percent of all
debts to the United States incurred by virtue of a person's
participation in a benefits program administered by the Secretary to
identify errors.''.</DELETED>
<DELETED> (f) Plan.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives a plan and description of resource
requirements necessary to align information technology systems to
ensure that errors described in subsection (d)(1) are not the result of
communication or absence of communication between information
technology systems.</DELETED>
<DELETED> (g) Coordination With Other Federal Agencies.--</DELETED>
<DELETED> (1) Interagency working group.--The Secretary of
Veterans Affairs may establish an interagency working to assess
how executive agencies should submit timely information to the
Secretary of Veterans Affairs in order to reduce overpayments
to veterans in the event of a life event, such as a change in
work status, incarceration, or change in marital
status.</DELETED>
<DELETED> (2) Quarterly reporting by secretary of defense to
secretary of veterans affairs.--Each quarter, the Secretary of
Defense shall transmit to the Secretary of Veterans Affairs
information on compensation received by members of the reserve
components of the Armed Forces who received during such quarter
for instruction, training, or other duties under section 206 of
title 37, United States Code.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Stopping Harm and Implementing
Enhanced Lead-time for Debts for Veterans Act of 2020'' or the ``SHIELD
for Veterans Act of 2020''.
SEC. 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:
``Sec. 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 Secretary; 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.--(1) 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.
``(2) Notice under paragraph (1) shall include a detailed
explanation of the right of the individual--
``(A) to dispute the overpayment, including a detailed
explanation of the process by which to dispute the overpayment;
or
``(B) 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.--
(1) In general.--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.
(2) Contents.--Each report under paragraph (1) shall
include each of the following:
(A) The plan of the Secretary to carry out each of
the following:
(i) 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.
(ii) 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.
(iii) 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.
(iv) The improvement and clarification of
Department communications relating to
overpayments and debt collection, including
letters and electronic correspondence and
including information relating to the most
common reasons veterans incur debts to the
United States. The Secretary shall develop such
improvements and clarifications in consultation
with veterans service organizations and other
relevant nongovernmental organizations.
(v) The development and implementation, by
not later than October 1, 2022, of a mechanism
by which veterans may update their dependency
information electronically.
(B) 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.
(C) 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.
(D) A list of actions completed, implementation
steps, and timetables for each requirement described in
subparagraphs (A) through (C).
(E) A description of any new legislative authority
required to complete any such requirement.
SEC. 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.
SEC. 4. 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:
``Sec. 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.
SEC. 5. EXTENSION OF WINDOW TO REQUEST RELIEF FROM RECOVERY OF DEBT
ARISING UNDER LAWS ADMINISTERED BY THE SECRETARY OF
VETERANS AFFAIRS.
Section 5302(a) of title 38, United States Code, is amended by
striking ``180 days'' and inserting ``one year''.
SEC. 6. REFORMS RELATING TO RECOVERY BY DEPARTMENT OF VETERANS AFFAIRS
OF AMOUNTS OWED BY VETERANS TO THE UNITED STATES.
(a) Administrative Process for Dispute of Existence or Amount of
Indebtedness.--
(1) In general.--Section 5314 of title 38, United States
Code, is amended--
(A) by redesignating subsections (c) and (d) as
subsections (d) and (e); and
(B) by inserting after subsection (b) the following
new subsection (c):
``(c)(1) The Secretary shall prescribe an administrative process
for the dispute of the existence or amount of an indebtedness subject
to subsection (a).
``(2) The Secretary shall ensure that each dispute under paragraph
(1) is adjudicated not later than 120 days after the dispute is filed.
``(3) The Secretary may not submit to any debt collector (as
defined in section 803 of the Fair Debt Collection Practices Act (15
U.S.C. 1692a)) any debt pending adjudication under the process
prescribed under paragraph (1).
``(4) Notwithstanding any other provision of law, the Secretary may
not deduct under subsection (a) any amount relating to an indebtedness
while the existence or amount of such indebtedness is being--
``(A) disputed under paragraph (1) of this subsection; or
``(B) appealed.
``(5) Nothing in this subsection shall be construed to prohibit a
person from seeking relief from a court of competent jurisdiction.
``(6) Nothing in this subsection shall be construed to affect a
dispute regarding a decision on a claim that is subject to section
5104C(a)(1) of this title.''.
(2) Existing administrative process.--The Secretary of
Veterans Affairs shall carry out subsection (c) of such
section, as added by paragraph (1)(B), by improving the
administrative process of the Department of Veterans Affairs
for the dispute of the existing or amount of an indebtedness
that was in effect on the day before the date of the enactment
of this Act.
(3) Improvements regarding department website and
notices.--In carrying out paragraph (2), the Secretary shall--
(A) improve the website of the Department; and
(B) ensure that such website and written notices
sent to veterans about indebtedness described in
section 5314(a) of title 38, United States Code,
contain all information veterans need to dispute such a
indebtedness, including a description of--
(i) the specific actions the veterans will
need to take in order to dispute the
indebtedness;
(ii) the documentation that will be
required for the dispute; and
(iii) how the documentation is to be
submitted.
(b) Minimum Thresholds for Amounts to Be Recovered.--Subsection (a)
of such section is amended--
(1) by inserting ``(1)'' before ``Subject to''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary may not deduct under paragraph (1) any amount
if the Secretary determines that the cost that would be incurred by the
Department to recover such amount would exceed the amount to be
recovered.''.
(c) Conforming Amendment.--Subsection (a)(1), as designated by
subsection (b)(1), is amended by striking ``to subsections (b) and (d)
of this section'' and inserting ``to paragraph (2) of this subsection,
subsections (b), (c), and (e) of this section,''.
SEC. 7. 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.
Calendar No. 539
116th CONGRESS
2d Session
S. 805
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to improve the processing of
veterans benefits by the Department of Veterans Affairs, to limit the
authority of the Secretary of Veterans Affairs to recover overpayments
made by the Department and other amounts owed by veterans to the United
States, to improve the due process accorded veterans with respect to
such recovery, and for other purposes.
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September 15, 2020
Reported with an amendment