118 S263 IS: Restoring Benefits to Defrauded Veterans Act of 2023 U.S. Senate 2023-02-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS1st SessionS. 263IN THE SENATE OF THE UNITED STATESFebruary 2, 2023Mr. Manchin (for himself and Mr. Tuberville) introduced the following bill; which was read twice and referred to the Committee on Veterans' AffairsA BILLTo 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.

1.

Short title

This Act may be cited as the Restoring Benefits to Defrauded Veterans Act of 2023.

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.