38 U.S.C. § 5302B: Prohibition of debt arising from overpayment due to delay in processing

arises from the participation of the individual in a program or benefit administered by the Under Secretary for Benefits; and 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. Nothing in this section shall be construed to affect the penal and forfeiture provisions for fiduciaries set forth in chapter 61 of this title. 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. to dispute the overpayment, including a detailed explanation of the process by which to dispute the overpayment; or to request a waiver of indebtedness. Subject to paragraph (2), the Secretary may not take any action under section 3711 of title 31 regarding an overpayment described in a notice under subsection (b) of this section until the date that is 90 days after the date the Secretary issues such notice. likely to make repayment of such overpayment more difficult for an individual; likely to cause an unpaid debt to be referred to the Treasury Offset Program; or not in the best interest of the individual.