Protect Veterans from Financial Fraud Act of 2019

Bill: 116-hr-592
Sponsor: full_name: Rep. Brownley, Julia [D-CA-26]
Introduced: 2019-01-16
Policy area: Armed Forces and National Security
Subjects: Administrative remedies

Department of Veterans Affairs

Fraud offenses and financial crimes

Mental health

Veterans' pensions and compensation
Latest action: action_date: 2019-10-22
text: Subcommittee Hearings Held.

Summaries:
action_date: 2019-01-16
action_desc: Introduced in House
text: <p><strong>Protect Veterans from Financial Fraud Act</strong> <b><b>of 2019</b></b></p> <p>This bill requires the Department of Veterans Affairs (VA) to pay a beneficiary (or beneficiary's successor fiduciary) the amount of the misused benefit when any fiduciary has misused all or part of an individual's benefit. Specifically, the bill requires this payment in any case not involving negligent failure by the VA to investigate or monitor a fiduciary but where a fiduciary misuses all or part of an individual's benefit. The bill removes the stipulation that the fiduciary (1) not be an individual, or (2) serve at least 10 beneficiaries for the VA to repay misused benefits.</p> <p> An adverse determination by the VA of a veteran's mental capacity to manage VA monetary benefits may be appealed in accordance with provisions governing the Board of Veterans' Appeals and the U.S. Court of Appeals for Veterans Claims.</p>

tv_txt: I 116th CONGRESS 1st Session H. R. 592 IN THE HOUSE OF REPRESENTATIVES January 16, 2019 Ms. Brownley of California introduced the following bill; which was referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to ensure that the Secretary of Veterans Affairs repays the misused benefits of veterans with fiduciaries, to establish an appeals process for determinations by the Secretary of Veterans Affairs of veterans’ mental capacity, and for other purposes.

1. Short title This Act may be cited as the Protect Veterans from Financial Fraud Act of 2019 . 2. Repayment of misused benefits (a) In general Section 6107(b) of title 38, United States Code, is amended— (1) in paragraph (1), by striking In any case in which a fiduciary described in paragraph (2) and inserting In any case not covered by subsection (a) in which a fiduciary ; (2) by striking paragraph (2); and (3) by redesignating paragraph (3) as paragraph (2). (b) Application The amendments made by subsection (a) shall apply with respect to the misuse of benefits by a fiduciary occurring on or after the date of the enactment of this Act. 3. Appeals for determinations of mental capacity Section 5501A of title 38, United States Code, is amended— (1) by striking The Secretary and inserting (a) In general .—The Secretary ; and (2) by adding at the end the following new subsection: (b) Appeals A determination under subsection (a) may be appealed in accordance with chapters 71 and 72 of this title. .