[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2316 Introduced in Senate (IS)]

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114th CONGRESS
  1st Session
                                S. 2316

 To amend title 38, United States Code, to expand the requirements for 
   reissuance of veterans benefits in cases of misuse of benefits by 
 certain fiduciaries to include misuse by all fiduciaries, to improve 
           oversight of fiduciaries, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 19, 2015

 Mr. Blumenthal (for himself, Mr. Moran, and Mr. Brown) introduced the 
 following bill; which was read twice and referred to the Committee on 
                           Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend title 38, United States Code, to expand the requirements for 
   reissuance of veterans benefits in cases of misuse of benefits by 
 certain fiduciaries to include misuse by all fiduciaries, to improve 
           oversight of fiduciaries, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. EXPANSION OF REQUIREMENTS FOR REISSUANCE OF VETERANS 
              BENEFITS IN CASES OF MISUSE OF BENEFITS BY CERTAIN 
              FIDUCIARIES TO INCLUDE MISUSE BY ALL FIDUCIARIES.

    Section 6107 of title 38, United States Code, is amended--
            (1) by striking subsections (a) and (b) and inserting the 
        following new subsection (a):
    ``(a) Reissuance of Misused Benefits.--(1) In any case in which a 
fiduciary misuses all or part of an individual's benefit paid to such 
fiduciary, the Secretary shall pay to the beneficiary or the 
beneficiary's successor fiduciary an amount equal to the amount of such 
benefit so misused.
    ``(2) In any case in which the Secretary obtains recoupment from a 
fiduciary who has misused benefits, the Secretary shall promptly remit 
payment of the recouped amounts to the beneficiary or the beneficiary's 
successor fiduciary as the case may be to the extent that such amounts 
have not been reissued under paragraph (1).'';
            (2) in subsection (d), by striking ``or (b)''; and
            (3) by redesignating subsections (c) and (d) as subsections 
        (b) and (c), respectively.

SEC. 2. IMPROVED ACCESS TO FINANCIAL RECORDS FOR PURPOSES OF OVERSIGHT 
              BY DEPARTMENT OF VETERANS AFFAIRS OF FIDUCIARIES.

    Section 5502 of title 38, United States Code, is amended by adding 
at the end the following new subsection:
    ``(f)(1) The Secretary shall require any person or entity appointed 
or recognized as a fiduciary for a Department beneficiary under this 
section to provide authorization for the Secretary to obtain (subject 
to the cost reimbursement requirements of section 1115(a) of the Right 
to Financial Privacy Act of 1978 (12 U.S.C. 3415(a))) from any 
financial institution any financial record held by the institution with 
respect to the fiduciary or the beneficiary whenever the Secretary 
determines that the financial record is necessary--
            ``(A) for the administration of a program administered by 
        the Secretary; or
            ``(B) in order to safeguard the beneficiary's benefits 
        against neglect, misappropriation, misuse, embezzlement, or 
        fraud.
    ``(2) Notwithstanding section 1104(a)(1) of such Act (12 U.S.C. 
3404(a)(1)), an authorization provided by a fiduciary under paragraph 
(1) with respect to a beneficiary shall be a one-time authorization 
that will remain in effect until the date that is two years after the 
date of the approval by a court or the Secretary of a final accounting 
of payment of benefits under any law administered by the Secretary to 
the fiduciary on behalf of such beneficiary.
    ``(3) The authorization provided by the fiduciary under paragraph 
(1) shall be a condition of appointment as a fiduciary.
    ``(4)(A) An authorization obtained by the Secretary pursuant to 
this subsection shall be considered to meet the requirements of the 
Right to Financial Privacy Act of 1978 (12 U.S.C. 3401 et seq.) for 
purposes of section 1103(a) of such Act (12 U.S.C. 3403(a)) and need 
not be furnished by the fiduciary to the financial institution, 
notwithstanding section 1104(a)(1) of such Act (12 U.S.C. 3404(a)(1)), 
if the Secretary provides a copy of the authorization to the financial 
institution.
    ``(B) The certification requirements of section 1103(b) of such Act 
(12 U.S.C. 3403(b)) shall not apply to requests by the Secretary 
pursuant to an authorization provided under this subsection.
    ``(C) A request for a financial record by the Secretary pursuant to 
an authorization provided by a fiduciary under this subsection is 
deemed to meet the requirements of section 1104(a)(3) of such Act (12 
U.S.C. 3404(a)(3)) and the matter in section 1102 of such Act (12 
U.S.C. 3402) that precedes paragraph (1) of such section if such 
request identifies the fiduciary and the beneficiary concerned.
    ``(D) The Secretary shall inform any person or entity who provides 
authorization under this subsection of the duration and scope of the 
authorization.
    ``(E)(i) If a fiduciary of a Department beneficiary refuses to 
provide or revokes any authorization to permit the Secretary to obtain 
from any financial institution any financial record concerning benefits 
paid by the Secretary for such beneficiary, the Secretary may, on that 
basis, revoke the appointment or the recognition of the fiduciary for 
such beneficiary and for any other Department beneficiary for whom such 
fiduciary has been appointed or recognized.
    ``(ii) If an appointment or recognition of a fiduciary is revoked 
under clause (i), benefits may be paid as provided in subsection (d).
    ``(5) For purposes of section 1113(d) of such Act (12 U.S.C. 
3413(d)), a disclosure pursuant to this subsection shall be considered 
a disclosure pursuant to a Federal statute.
    ``(6) In this subsection:
            ``(A) The term `fiduciary' includes any person or State or 
        local governmental entity appointed or recognized to receive 
        payment of benefits under any law administered by the Secretary 
        on behalf of a Department beneficiary.
            ``(B) The term `financial institution' has the meaning 
        given such term in section 1101 of such Act (12 U.S.C. 3401), 
        except that such term shall also include any benefit 
        association, insurance company, safe deposit company, money 
        market mutual fund, or similar entity authorized to do business 
        in any State.
            ``(C) The term `financial record' has the meaning given to 
        such term in such section.''.
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