The Secretary must set methods and timing for deciding whether misuse followed the Secretary's negligence
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, section 2, Sec. 2.
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The Secretary must set methods and timing for deciding whether misuse followed the Secretary's negligence
The document says “shall”Who acts: Secretary of Veterans AffairsHow: statuteSec. 2 in the PDF
What the document says
“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.”
Paragraph (1) of the new subsection (d), headed Oversight of Negligence. The Secretary is to establish both the methods and the timing for determining whether a given instance of misuse by a fiduciary resulted from negligence by the Secretary. The subsection leaves the methods and the timing to the Secretary and names no deadline for setting them. Paragraph (3) of the same subsection adds that the Secretary is not required to make a determination under paragraph (1) for each instance of misuse.
What the document actually says
“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.”
That sentence, in plain words
Sometimes the VA is careless and a theft follows. The VA must set up a way to spot that. It must also set how long it has to decide.
What this is about
The law does not spell out those steps. The VA writes them. The law also says the VA need not make this call every single time.
No action is recorded against this proposal. That is not evidence that none has been taken, and nobody has yet read it against the record. See what the tracker does not yet cover.
Veteran Fraud Reimbursement Act of 2025, Public Law 119-56, sec. 2, 139 Stat. 709 (2025). https://www.govinfo.gov/content/pkg/PLAW-119publ56/html/PLAW-119publ56.htm
This page
“The Secretary must set methods and timing for deciding whether misuse followed the Secretary's negligence,” Veteran Fraud Reimbursement Act of 2025, section 2, Sec. 2. Read the Mandate, https://readthemandate.org/veteran-fraud-reimbursement-act-2025/proposal/sec02-negligence-determination-methods/ (retrieved October 10, 2026).
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