[Congressional Record Volume 170, Number 73 (Monday, April 29, 2024)]
[House]
[Pages H2695-H2696]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VETERAN FRAUD REIMBURSEMENT ACT
Mr. BOST. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 4016) to amend title 38, United States Code, to improve the
repayment by the Secretary of Veterans Affairs of benefits misused by a
fiduciary.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4016
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veteran Fraud Reimbursement
Act''.
SEC. 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:
``Sec. 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from the fiduciary to whom the payment was originally made.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.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Illinois (Mr. Bost) and the gentleman from California (Mr. Takano) each
will control 20 minutes.
The Chair recognizes the gentleman from Illinois.
General Leave
Mr. BOST. Madam Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks on
H.R. 4016.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Illinois?
There was no objection.
{time} 2000
Mr. BOST. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise today in support of H.R. 4016 as offered by
Representative Connolly. This bill would ensure that VA's fiduciary
program is managed effectively so that our Nation's most vulnerable
veterans receive the benefits they earned.
The VA appoints fiduciaries for veterans who are unable to manage
their VA benefits. A fiduciary misuses a veteran's VA benefit when they
spend a veteran's benefit on anything other than the veteran's care and
welfare. However, before a veteran who is a victim of misuse can be
made financially whole, the VA is required to determine whether the
misuse was as a result of VA negligence, but VA does not monitor
whether these negligence determinations are being made in a timely way.
This bureaucratic red tape has resulted in long wait times for veterans
to recoup their misused benefits. Some veterans have passed away before
recouping their misused benefits. We must ensure the VA promptly makes
whole any veteran who was a victim of misuse by a fiduciary.
H.R. 4016 would ensure just that. It would prohibit VA from
withholding repayment of misused benefits because the VA is still
working on a negligence determination.
It would also require the VA to establish methods to ensure that
negligence determinations are made in a timely way. Veterans deserve to
receive their benefits without bureaucratic hurdles and unnecessary
delays.
Madam Speaker, I urge all of my colleagues to support H.R. 4016, and
I reserve the balance of my time.
Mr. TAKANO. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise in strong support of the bill from
Representative Connolly, H.R. 4016, the Veteran Fraud Reimbursement
Act, and encourage my colleagues to do the same.
Beneficiaries in the fiduciary program are among the most vulnerable
in VA's care. Because they are often elderly or mentally ill, they are
at greater risk for financial abuse and theft of benefits.
Unfortunately, in spite of VA's best efforts at vetting proposed
fiduciaries, bad actors do arise from time to time.
When that happens, theft or misuse can have a devastating impact on
the financial stability of the beneficiary. Not only that, the strain
of being taken advantage of can further erode their physical and mental
health, as well.
As such, I support this bill's goal of speeding restitution to those
beneficiaries who may have suffered from theft or misuse of funds by a
fiduciary. We must empower the VA to make these beneficiaries whole as
soon as possible. It is the right thing to do.
Madam Speaker, I encourage my colleagues to support the bill, and I
reserve the balance of my time.
Mr. BOST. Madam Speaker, I yield 3 minutes to the gentlewoman from
Iowa (Mrs. Miller-Meeks).
Mrs. MILLER-MEEKS. Madam Speaker, I thank Chairman Bost for yielding
me time to speak.
I rise in strong support of H.R. 4016, the Veteran Fraud
Reimbursement Act. This bipartisan piece of legislation, introduced by
Representative Ciscomani and Representative Connolly, aims to enhance
the repayment process by the Secretary of Veterans Affairs for
misappropriated benefits.
Our veterans have selflessly served our Nation with honor and
courage, and it is our duty to ensure they receive the benefits they
rightly deserve and have earned. However, instances of misappropriation
of veterans' benefits are a grave injustice that cannot be tolerated.
This bill addresses this issue head-on by instituting crucial reforms
to ensure that our veterans are promptly reimbursed for any benefits
misappropriated by their fiduciaries.
Under this proposed legislation, the Secretary of Veterans Affairs is
mandated to reissue benefits to veterans in cases where they are
defrauded of their benefits. Additionally, the Secretary must make a
good faith effort to recoup misused funds from the responsible
fiduciaries, thereby holding them accountable for their actions.
As a 24-year military veteran, I would also like to state that this
bill ensures that veterans are not unduly penalized due to delays in
determining negligence and guarantees that they receive their benefits
owed to them in a timely manner. We cannot turn a blind eye to the
injustices faced by our veterans.
By supporting H.R. 4016, we demonstrate our unwavering commitment to
protecting the rights and well-being of those who have bravely served
our country.
Madam Speaker, I urge all of my colleagues to join me in supporting
this crucial legislation and standing up for our veterans.
Mr. TAKANO. Madam Speaker, I yield 5 minutes to the gentleman from
[[Page H2696]]
Virginia (Mr. Connolly), the coauthor of this legislation who serves on
the Foreign Affairs Committee and the Oversight and Accountability
Committee.
Mr. CONNOLLY. Madam Speaker, I thank the ranking member of the
Veterans' Affairs Committee and Mr. Bost for their leadership and
support in trying to fix a wrong.
Mr. Bost, I think, perfectly described the intent of this bill and
what the problem is, and I think Mr. Takano did a great job in helping
us understand what pain is incurred when veterans in a fiduciary status
experience fraud and cannot get reimbursed in a timely manner for their
benefits.
As both gentlemen indicated, we have examples of veterans who have
died before this issue is adjudicated. That is wrong. No veteran and no
family of a veteran should have to go through that once the
determination has been made that fraud has occurred.
More than 50 percent of the people in this fiduciary category are
pensioners. As Mr. Takano said, this is among the most vulnerable
population of veterans, so they are easy to defraud, easy to exploit
and take advantage of, and the government must stand by those men and
women who served in uniform, served bravely, and deserve the best
treatment from their government, not negligent treatment.
Today, this bill, H.R. 4016, the Veterans Fraud Reimbursement Act,
grew out of actually an encounter I had with veterans in my district
who were describing this very problem. We can't solve every problem,
but this one we can.
I urge my colleagues to support this legislation. I thank my
colleagues on both sides of the aisle for making this a bipartisan
effort. I hope that it will pass with no opposition and clear the
Senate so that we can start making sure that our veterans are kept
whole.
Mr. TAKANO. Madam Speaker, I ask all my colleagues to join me in
supporting H.R. 4016, and I yield back the balance of my time.
Mr. BOST. Madam Speaker, once again, I encourage Members to support
this legislation, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Illinois (Mr. Bost) that the House suspend the rules and
pass the bill, H.R. 4016.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. BOST. Madam Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________