118th CONGRESS 1st Session |
To amend title 38, United States Code, to require the Secretary of Veterans Affairs to repay the estates of deceased beneficiaries for certain benefits paid by the Secretary and misused by fiduciaries of such beneficiaries, and for other purposes.
February 2, 2023
Mr. Manchin (for himself and Mr. Tuberville) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs
To amend title 38, United States Code, to require the Secretary of Veterans Affairs to repay the estates of deceased beneficiaries for certain benefits paid by the Secretary and misused by fiduciaries of such beneficiaries, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Restoring Benefits to Defrauded Veterans Act of 2023”.
SEC. 2. Repayment by the Secretary of Veterans Affairs of estates of deceased beneficiaries for certain benefits paid by the Secretary and misused by fiduciaries.
Section 6107 of title 38, United States Code, is amended—
(1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively;
(2) by inserting after subsection (b) the following new subsection (c):
“(c) Reissuance of amounts in the case of a deceased beneficiary.— (1) If a beneficiary described in subsection (a) predeceases a payment under subsection (a) or (b), the Secretary shall pay such benefits, subject to paragraph (2), to an individual or entity in the following order:
“(A) The estate of the beneficiary.
“(B) A successor fiduciary serving the beneficiary when the beneficiary died.
“(C) The next inheritor determined by a court of competent jurisdiction.
“(2) The Secretary may not make a payment under this subsection to a fiduciary who misused benefits of the beneficiary.”; and
(3) in subsection (e), as redesignated, by striking “subsection (a) or (b)” and inserting “this section”.