Veteran Fraud Reimbursement Act

Bill: 118-hr-4016
Sponsor: full_name: Rep. Connolly, Gerald E. [D-VA-11]
Introduced: 2023-06-12
Policy area: Armed Forces and National Security
Subjects: Administrative remedies

Department of Veterans Affairs

Fraud offenses and financial crimes

Veterans' pensions and compensation
Latest action: action_date: 2024-05-01
text: Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs.

Summaries:
action_date: 2023-06-12
action_desc: Introduced in House
text: <html><body bgcolor="#FFFFFF"><p><b>Veteran Fraud Reimbursement Act</b></p><p>This bill modifies the procedures by which the Department of Veterans Affairs (VA) reissues misused benefits to a beneficiary, including by requiring the VA to establish methods and timing with respect to determining whether an instance of misuse by a fiduciary is the result of negligence by the VA. </p><p>Under the bill, the VA may not withhold the reissuing of a benefit payment by reason of a pending determination regarding the VA's negligence in relation to the instance of misuse by a fiduciary. Additionally, the VA is not required to make a determination regarding its negligence for each instance of misuse by a fiduciary, of all or part of an individual's benefit paid to such fiduciary.</p></body></html>

tv_txt: IIB 118th CONGRESS 2d Session H. R. 4016 IN THE SENATE OF THE UNITED STATES May 1, 2024 Received; read twice and referred to the Committee on Veterans' Affairs AN ACT To amend title 38, United States Code, to improve the repayment by the Secretary of Veterans Affairs of benefits misused by a fiduciary.

1. Short title This Act may be cited as the Veteran Fraud Reimbursement Act . 2. Improvement to repayment by Secretary of Veterans Affairs of certain misused benefits Section 6107 of title 38, United States Code, is amended to read as follows: 6107. Reissuance of benefits (a) Reissuance of misused benefits (1) In any case in which a fiduciary misuses all or part of an individual’s benefit paid to such fiduciary, the Secretary shall pay to the beneficiary or the beneficiary’s successor fiduciary an amount equal to the amount of such benefit so misused. (2) In any case in which the Secretary reissues a benefit payment (in whole or in part) under paragraph (1), the Secretary shall make a good faith effort to obtain recoupment from the fiduciary to whom the payment was originally made. (3) In any case in which the Secretary obtains recoupment from a fiduciary who has misused benefits, the Secretary shall promptly remit payment of the recouped amounts to the beneficiary or the beneficiary’s successor fiduciary, as the case may be, to the extent that such amounts have not been paid under paragraph (1). (b) Limitation on total amount paid The total of the amounts paid to a beneficiary or the beneficiary's successor fiduciary under this section may not exceed the total benefit amount misused by the fiduciary with respect to that beneficiary. (c) Oversight of negligence (1) The Secretary shall establish methods and timing with respect to determining whether an instance of misuse by a fiduciary, of all or part of an individual’s benefit paid to such fiduciary, is the result of negligence by the Secretary. (2) The Secretary may not withhold the reissuing of a benefit payment under subsection (a)(1) by reason of a pending determination under paragraph (1). (3) The Secretary is not required to make a determination under paragraph (1) for each instance of misuse by a fiduciary, of all or part of an individual’s benefit paid to such fiduciary. .

Passed the House of Representatives April 30, 2024. Kevin F. McCumber, Clerk.

tv_txt: IB 118th CONGRESS 2d Session H. R. 4016 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend title 38, United States Code, to improve the repayment by the Secretary of Veterans Affairs of benefits misused by a fiduciary.

1. Short title This Act may be cited as the Veteran Fraud Reimbursement Act . 2. Improvement to repayment by Secretary of Veterans Affairs of certain misused benefits Section 6107 of title 38, United States Code, is amended to read as follows: 6107. Reissuance of benefits (a) Reissuance of misused benefits (1) In any case in which a fiduciary misuses all or part of an individual’s benefit paid to such fiduciary, the Secretary shall pay to the beneficiary or the beneficiary’s successor fiduciary an amount equal to the amount of such benefit so misused. (2) In any case in which the Secretary reissues a benefit payment (in whole or in part) under paragraph (1), the Secretary shall make a good faith effort to obtain recoupment from the fiduciary to whom the payment was originally made. (3) In any case in which the Secretary obtains recoupment from a fiduciary who has misused benefits, the Secretary shall promptly remit payment of the recouped amounts to the beneficiary or the beneficiary’s successor fiduciary, as the case may be, to the extent that such amounts have not been paid under paragraph (1). (b) Limitation on total amount paid The total of the amounts paid to a beneficiary or the beneficiary's successor fiduciary under this section may not exceed the total benefit amount misused by the fiduciary with respect to that beneficiary. (c) Oversight of negligence (1) The Secretary shall establish methods and timing with respect to determining whether an instance of misuse by a fiduciary, of all or part of an individual’s benefit paid to such fiduciary, is the result of negligence by the Secretary. (2) The Secretary may not withhold the reissuing of a benefit payment under subsection (a)(1) by reason of a pending determination under paragraph (1). (3) The Secretary is not required to make a determination under paragraph (1) for each instance of misuse by a fiduciary, of all or part of an individual’s benefit paid to such fiduciary. .

Passed the House of Representatives April 30, 2024. Cheryl L. Johnson, Clerk.

tv_txt: IB Union Calendar No. 379 118th CONGRESS 2d Session H. R. 4016 [Report No. 118–457] IN THE HOUSE OF REPRESENTATIVES June 12, 2023 Mr. Connolly (for himself and Mr. Ciscomani ) introduced the following bill; which was referred to the Committee on Veterans' Affairs April 12, 2024 Additional sponsors: Mr. Nunn of Iowa and Mr. Murphy April 12, 2024 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL To amend title 38, United States Code, to improve the repayment by the Secretary of Veterans Affairs of benefits misused by a fiduciary.

1. Short title This Act may be cited as the Veteran Fraud Reimbursement Act . 2. Improvement to repayment by Secretary of Veterans Affairs of certain misused benefits Section 6107 of title 38, United States Code, is amended to read as follows: 6107. Reissuance of benefits (a) Reissuance of misused benefits (1) In any case in which a fiduciary misuses all or part of an individual’s benefit paid to such fiduciary, the Secretary shall pay to the beneficiary or the beneficiary’s successor fiduciary an amount equal to the amount of such benefit so misused. (2) In any case in which the Secretary reissues a benefit payment (in whole or in part) under paragraph (1), the Secretary shall make a good faith effort to obtain recoupment from the fiduciary to whom the payment was originally made. (3) In any case in which the Secretary obtains recoupment from a fiduciary who has misused benefits, the Secretary shall promptly remit payment of the recouped amounts to the beneficiary or the beneficiary’s successor fiduciary, as the case may be, to the extent that such amounts have not been paid under paragraph (1). (b) Limitation on total amount paid The total of the amounts paid to a beneficiary or the beneficiary's successor fiduciary under this section may not exceed the total benefit amount misused by the fiduciary with respect to that beneficiary. (c) Oversight of negligence (1) The Secretary shall establish methods and timing with respect to determining whether an instance of misuse by a fiduciary, of all or part of an individual’s benefit paid to such fiduciary, is the result of negligence by the Secretary. (2) The Secretary may not withhold the reissuing of a benefit payment under subsection (a)(1) by reason of a pending determination under paragraph (1). (3) The Secretary is not required to make a determination under paragraph (1) for each instance of misuse by a fiduciary, of all or part of an individual’s benefit paid to such fiduciary. .

April 12, 2024 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

tv_txt: I 118th CONGRESS 1st Session H. R. 4016 IN THE HOUSE OF REPRESENTATIVES June 12, 2023 Mr. Connolly (for himself and Mr. Ciscomani ) introduced the following bill; which was referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to improve the repayment by the Secretary of Veterans Affairs of benefits misused by a fiduciary.

1. Short title This Act may be cited as the Veteran Fraud Reimbursement Act . 2. Improvement to repayment by Secretary of Veterans Affairs of certain misused benefits Section 6107 of title 38, United States Code, is amended to read as follows: 6107. Reissuance of benefits (a) Reissuance of misused benefits (1) In any case in which a fiduciary misuses all or part of an individual’s benefit paid to such fiduciary, the Secretary shall pay to the beneficiary or the beneficiary’s successor fiduciary an amount equal to the amount of such benefit so misused. (2) In any case in which the Secretary reissues a benefit payment (in whole or in part) under paragraph (1), the Secretary shall make a good faith effort to obtain recoupment from the fiduciary to whom the payment was originally made. (3) In any case in which the Secretary obtains recoupment from a fiduciary who has misused benefits, the Secretary shall promptly remit payment of the recouped amounts to the beneficiary or the beneficiary’s successor fiduciary, as the case may be, to the extent that such amounts have not been paid under paragraph (1). (b) Limitation on total amount paid The total of the amounts paid to a beneficiary or the beneficiary's successor fiduciary under this section may not exceed the total benefit amount misused by the fiduciary with respect to that beneficiary. (c) Oversight of negligence (1) The Secretary shall establish methods and timing with respect to determining whether an instance of misuse by a fiduciary, of all or part of an individual’s benefit paid to such fiduciary, is the result of negligence by the Secretary. (2) The Secretary may not withhold the reissuing of a benefit payment under subsection (a)(1) by reason of a pending determination under paragraph (1). (3) The Secretary is not required to make a determination under paragraph (1) for each instance of misuse by a fiduciary, of all or part of an individual’s benefit paid to such fiduciary. .