1. Short title
This Act may be cited as the “Protect Veterans from Financial Fraud Act of 2019”.
Protect Veterans from Financial Fraud Act of 2019
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.
2. Repayment of misused benefits
In general— Section 6107(b) of title 38, United States Code, is amended—
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”;
by striking paragraph (2); and
by redesignating paragraph (3) as paragraph (2).
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—
by striking “The Secretary” and inserting “(a) In general.—The Secretary”; and
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.”