[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4633 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 4633

To amend title 38, United States Code, to improve the repayment by the 
   Secretary of Veterans Affairs of benefits misused by a fiduciary.


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                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 2021

 Mr. Connolly introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

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                                 A BILL


 
To amend title 38, United States Code, to improve the repayment by the 
   Secretary of Veterans Affairs of benefits misused by a fiduciary.

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

SECTION 1. IMPROVEMENT TO REPAYMENT BY SECRETARY OF VETERANS AFFAIRS OF 
              CERTAIN MISUSED BENEFITS.

    Section 6107 of title 38, United States Code, is amended to read as 
follows:
``Sec. 6107. Reissuance of benefits
    ``(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 reissues a benefit payment 
(in whole or in part) under paragraph (1), the Secretary shall make a 
good faith effort to obtain recoupment from the fiduciary to whom the 
payment was originally made.
    ``(3) 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 paid under paragraph (1).
    ``(b) Limitation on Total Amount Paid.--The total of the amounts 
paid to a beneficiary or the beneficiary's successor fiduciary under 
this section may not exceed the total benefit amount misused by the 
fiduciary with respect to that beneficiary.
    ``(c) Oversight of Negligence.--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.''.
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