[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6018 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 6018

To authorize the Secretary of Veterans Affairs to collect overpayments 
                of specially adapted housing assistance.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 28, 2020

  Mr. Correa introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
To authorize the Secretary of Veterans Affairs to collect overpayments 
                of specially adapted housing assistance.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. COLLECTION OF OVERPAYMENTS OF SPECIALLY ADAPTED HOUSING 
              ASSISTANCE.

    Section 2102 of title 38, United States Code, is amended by adding 
at the end the following new subsection:
    ``(f)(1) Whenever the Secretary finds that an overpayment has been 
made to, or on behalf of, a person described in paragraph (2), the 
Secretary shall determine--
            ``(A) the amounts to recover, if any; and
            ``(B) who is liable to the United States for such 
        overpayment.
    ``(2) A person described in this paragraph is any of the following:
            ``(A) An individual who--
                    ``(i) applied for assistance under this chapter; or
                    ``(ii) under chapter 31 of this title who is 
                pursuing a rehabilitation program under such chapter in 
                acquiring adaptations to a residence.
            ``(B) An owner or seller of real estate related to 
        assistance under this chapter.
            ``(C) A builder, contractor, supplier, tradesperson, 
        corporation, trust, partnership, or other person, related to 
        assistance under this chapter.
            ``(D) An attorney, escrow agent, or financial institution, 
        that receives, or holds in escrow, funds relating to assistance 
        under this chapter.
            ``(E) A surviving spouse, heir, assignee, or successor in 
        interest of or to, any person described in this paragraph.
    ``(3) Any overpayment referred to in this subsection may be 
recovered in the same manner as any other debt due the United States. 
In recovering the overpayment, the Secretary may charge administrative 
costs, fees, and interest, as appropriate, in a manner similar to the 
authority under section 5315 of this title.
    ``(4) The recovery of any overpayment referred to in this 
subsection may be waived by the Secretary. Waiver of any such 
overpayment as to a person described in paragraph (2) shall in no way 
release any other person described in such paragraph from liability.
    ``(5) The Secretary shall waive recovery under this subsection of 
any overpayment--
            ``(A) to a person described in paragraph (2)(A), or a 
        dependent or survivor of such person; and
            ``(B) that arises from administrative error described in 
        paragraph (7)(A).
    ``(6) Nothing in this section shall be construed as precluding the 
imposition of any civil or criminal liability under this title or any 
other law.
    ``(7) The Secretary shall prescribe in regulations what constitutes 
an overpayment for the purposes of this subsection, which, at a 
minimum, shall include--
            ``(A) administrative error that results in an individual 
        receiving assistance to which that individual is not entitled;
            ``(B) the failure of any person described in paragraph (2) 
        to--
                    ``(i) perform or allow to be performed any act 
                relating to assistance under this chapter; or
                    ``(ii) compensate any party performing services or 
                supplying goods relating to assistance under this 
                chapter; and
            ``(C) any disbursement of funds relating to assistance 
        under this chapter, that, in the sole discretion of the 
        Secretary, constitutes a misuse of such assistance.
    ``(8) Prior to collecting an overpayment under this subsection, the 
Secretary shall provide to the person whom the Secretary has determined 
liable for such overpayment--
            ``(A) notice of the finding by the Secretary of such 
        overpayment;
            ``(B) a reasonable opportunity for such person to remedy 
        the circumstances that effectuated the overpayment; and
            ``(C) a reasonable opportunity for such person to present 
        evidence to the Secretary that an overpayment was not made.
    ``(9) For the purposes of section 511 of this title, a decision to 
collect an overpayment from a person other than a person described in 
paragraph (2)(A), or a dependent or survivor of such person, may not be 
treated as a decision that affects the provision of benefits.''.
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