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Code · STATUTE-COMPILATIONS · Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 · Sec. 2104

Sec. 2104. COLLECTION OF OVERPAYMENTS OF SPECIALLY ADAPTED HOUSING ASSISTANCE

779 words·~4 min read·/statute-compilations/comps-16361/sec-2104

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## SEC. 2104 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: > > ### “(g) > > > ####
(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 applied for assistance— > > > ###### “(i) > > 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 used, or intended to be used, in connection with assistance under this chapter. > > > ##### “(C) > > A builder, contractor, supplier, tradesperson, corporation, trust, partnership, or other person, who provided services or goods relating 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) > > > #####
(A)> > Any overpayment referred to in this subsection may be recovered in the same manner as any other debt due the United States. > > > ##### “(B) > > 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) > > > #####
(A)> > The recovery of any overpayment referred to in this subsection may be waived by the Secretary. > > > ##### “(B) > > 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 to a person described in paragraph (2)(A), or a dependent or survivor of such person, that arises from administrative error described in paragraph (7)(A). > > > #### “(6) > > Nothing in this subsection 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.” > . ## Subtitle C Burial Matters
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