II
119THCONGRESS
1
STSESSION S. 892
To amend title 38, United States Code, to improve the repayment by the
Secretary of Veterans Affairs of benefits misused by a fiduciary, and
for other purposes.
IN THE SENATE OF THE UNITED STATES
MARCH6, 2025
Ms. H
IRONO(for herself, Mr. BOOZMAN, Mr. GALLEGO, and Mr.
T
UBERVILLE) introduced the following bill; which was read twice and re-
ferred 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 bene-
fits misused by a fiduciary, and for other purposes.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Veteran Fraud Reim-4
bursement Act of 2025’’. 5
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SEC. 2. IMPROVEMENT TO REPAYMENT BY SECRETARY OF 1
VETERANS AFFAIRS OF CERTAIN MISUSED 2
BENEFITS. 3
Section 6107 of title 38, United States Code, is 4
amended to read as follows: 5
‘‘§ 6107. Reissuance of benefits 6
‘‘(a) R
EISSUANCE OFMISUSEDBENEFITS.—(1) In 7
any case in which a fiduciary misuses all or part of an 8
individual’s benefit paid to such fiduciary, the Secretary 9
shall pay to the beneficiary or the beneficiary’s successor 10
fiduciary an amount equal to the amount of such benefit 11
so misused. 12
‘‘(2) In any case in which the Secretary reissues a 13
benefit payment (in whole or in part) under paragraph (1), 14
the Secretary shall make a good faith effort to obtain 15
recoupment from the fiduciary to whom the payment was 16
originally made. 17
‘‘(3) In any case in which the Secretary obtains 18
recoupment from a fiduciary who has misused benefits, 19
the Secretary shall promptly remit payment of the re-20
couped amounts to the beneficiary or the beneficiary’s suc-21
cessor fiduciary, as the case may be, to the extent that 22
such amounts have not been paid under paragraph (1). 23
‘‘(b) R
EISSUANCE OFAMOUNTS IN THE CASE OF A 24
D
ECEASEDBENEFICIARY.—(1) If a beneficiary described 25
in subsection (a)(1) predeceases a payment under such 26
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•S 892 IS
subsection, the Secretary shall pay such amount, subject 1
to paragraph (2), to an individual or entity in accordance 2
with section 5121 of this title. 3
‘‘(2) The Secretary may not make a payment under 4
this subsection to a fiduciary who misused benefits of the 5
beneficiary. 6
‘‘(c) L
IMITATION ONTOTALAMOUNTPAID.—The 7
total of the amounts paid to a beneficiary or the bene-8
ficiary’s successor fiduciary under this section may not ex-9
ceed the total benefit amount misused by the fiduciary 10
with respect to that beneficiary. 11
‘‘(d) O
VERSIGHT OF NEGLIGENCE.—(1) The Sec-12
retary shall establish methods and timing with respect to 13
determining whether an instance of misuse by a fiduciary, 14
of all or part of an individual’s benefit paid to such fidu-15
ciary, is the result of negligence by the Secretary. 16
‘‘(2) The Secretary may not withhold the reissuing 17
of a benefit payment under subsection (a)(1) by reason 18
of a pending determination under paragraph (1). 19
‘‘(3) The Secretary is not required to make a deter-20
mination under paragraph (1) for each instance of misuse 21
by a fiduciary, of all or part of an individual’s benefit paid 22
to such fiduciary.’’. 23
Æ
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