38 U.S.C. § 6107 — Reissuance of benefits

Page 1109 TITLE 38—VETERANS’ BENEFITS § 6107 107–296, set out as a note under section 101 of Title 10, Armed Forces. EFFECTIVE DATE OF 1973 AMENDMENT Amendment by Pub. L. 93–43 effective June 18, 1973, see section 10(a) of Pub. L. 93–43, set out as an Effective Date note under section 2400 of this title. § 6106. Misuse of benefits by fiduciaries (a) FEE FORFEITURE IN CASE OF BENEFIT MIS- USE BY FIDUCIARIES.—A fiduciary may not col- lect a fee from a beneficiary for any month with respect to which the Secretary or a court of competent jurisdiction has determined that the fiduciary misused all or part of the individual’s benefit, and any amount so collected by the fi- duciary as a fee for such month shall be treated as a misused part of the individual’s benefit. (b) MISUSE OF BENEFITS DEFINED.—For pur- poses of this chapter, misuse of benefits by a fi- duciary occurs in any case in which the fidu- ciary receives payment, under any of laws ad- ministered by the Secretary, for the use and benefit of a beneficiary and uses such payment, or any part thereof, for a use other than for the use and benefit of such beneficiary or that bene- ficiary’s dependents. Retention by a fiduciary of an amount of a benefit payment as a fiduciary fee or commission, or as attorney’s fees (includ- ing expenses) and court costs, if authorized by the Secretary or a court of competent jurisdic- tion, shall be considered to be for the use or ben- efit of such beneficiary. (c) REGULATIONS.—The Secretary may pre- scribe by regulation the meaning of the term ‘‘use and benefit’’ for purposes of this section. (Added Pub. L. 108–454, title V, § 503(a)(1), Dec. 10, 2004, 118 Stat. 3619.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable with respect to any determina- tions by the Secretary of Veterans Affairs made after Dec. 10, 2004, of misuse of funds by a fiduciary, see sec- tion 507(b)(2) of Pub. L. 108–454, set out as an Effective Date of 2004 Amendment note under section 5312 of this title. § 6107. Reissuance of benefits (a) NEGLIGENT FAILURE BY SECRETARY.—(1) In any case in which the negligent failure of the Secretary to investigate or monitor a fiduciary results in misuse of benefits by the fiduciary, the Secretary shall pay to the beneficiary or the beneficiary’s successor fiduciary an amount equal to the amount of benefits that were so misused. (2) There shall be considered to have been a negligent failure by the Secretary to investigate and monitor a fiduciary in the following cases: (A) A case in which the Secretary failed to review a fiduciary’s accounting within 60 days of the date on which that accounting is sched- uled for review. (B) A case in which the Secretary was noti- fied of allegations of misuse, but failed to act within 60 days of the date of such notification to terminate the fiduciary. (C) In any other case in which actual neg- ligence is shown. (b) REISSUANCE OF MISUSED BENEFITS IN OTHER CASES.—(1) In any case not covered by sub- section (a) in which a fiduciary misuses all or part of an individual’s benefit paid to such fidu- ciary, 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 other 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 fidu- ciary as the case may be. (c) REISSUANCE OF AMOUNTS IN THE CASE OF A DECEASED BENEFICIARY.—(1) If a beneficiary de- scribed 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 accordance with section 5121 of this title. (2) The Secretary may not make a payment under this subsection to a fiduciary who mis- used benefits of the beneficiary. (d) LIMITATION ON TOTAL AMOUNT PAID.—The total of the amounts paid to a beneficiary (or a beneficiary’s successor fiduciary) under this sec- tion may not exceed the total benefit amount misused by the fiduciary with respect to that beneficiary. (e) RECOUPMENT OF AMOUNTS REISSUED.—In any case in which the Secretary reissues a ben- efit payment (in whole or in part) under this section, the Secretary shall make a good faith effort to obtain recoupment from the fiduciary to whom the payment was originally made. (Added Pub. L. 108–454, title V, § 503(a)(1), Dec. 10, 2004, 118 Stat. 3619; amended Pub. L. 116–315, title VII, § 7005(a), Jan. 5, 2021, 134 Stat. 5059; Pub. L. 118–114, § 2, Nov. 25, 2024, 138 Stat. 1605.) Editorial Notes AMENDMENTS 2024—Subsecs. (c), (d). Pub. L. 118–114, § 2(1), (2), added subsec. (c) and redesignated former subsec. (c) as (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 118–114, § 2(1), (3), redesignated subsec. (d) as (e) and substituted ‘‘this section’’ for ‘‘subsection (a) or (b)’’. 2021—Subsec. (b)(1). Pub. L. 116–315, § 7005(a)(1), sub- stituted ‘‘In any case not covered by subsection (a) in which a fiduciary’’ for ‘‘In any case in which a fidu- ciary described in paragraph (2)’’. Subsec. (b)(2), (3). Pub. L. 116–315, § 7005(a)(2), (3), re- designated par. (3) as (2) and struck out former par. (2) which read as follows: ‘‘Paragraph (1) applies to a fidu- ciary that— ‘‘(A) is not an individual; or ‘‘(B) is an individual who, for any month during a period when misuse occurs, serves 10 or more individ- uals who are beneficiaries under this title.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Pub. L. 116–315, title VII, § 7005(b), Jan. 5, 2021, 134 Stat. 5059, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall apply with respect to any determination by the Secretary of Vet- erans Affairs made on or after the date of the enact- ment of this Act [Jan. 5, 2021] regarding the misuse of benefits by a fiduciary.’’ Page 1110 TITLE 38—VETERANS’ BENEFITS § 6108 1 Editorially supplied. EFFECTIVE DATE Section applicable with respect to any determina- tions by the Secretary of Veterans Affairs made after Dec. 10, 2004, of misuse of funds by a fiduciary, see sec- tion 507(b)(2) of Pub. L. 108–454, set out as an Effective Date of 2004 Amendment note under section 5312 of this title. § 6108. Authority for judicial orders of restitution (a) Any Federal court, when sentencing a de- fendant convicted of an offense arising from the misuse of benefits under this title, may order, in addition to or in lieu of any other penalty au- thorized by law, that the defendant make res- titution to the Department. (b) Sections 3612, 3663, and 3664 of title 18 shall apply with respect to the issuance and enforce- ment of orders of restitution under subsection (a). In so applying those sections, the Depart- ment shall be considered the victim. (c) If the court does not order restitution, or orders only partial restitution, under subsection (a), the court shall state on the record the rea- sons therefor. (d) Amounts received in connection with mis- use by a fiduciary of funds paid as benefits under laws administered by the Secretary shall be paid to the individual whose benefits were misused. If the Secretary has previously reissued the mis- used benefits, the amounts shall be treated in the same manner as overpayments recouped by the Secretary and shall be deposited to the cred- it of the applicable revolving fund, trust fund, or appropriation. (Added Pub. L. 108–454, title V, § 504(b)(1), Dec. 10, 2004, 118 Stat. 3621.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the first day of the seventh month beginning after Dec. 10, 2004, see section 507(a) of Pub. L. 108–454, set out as an Effective Date of 2004 Amendment note under section 5312 of this title. CHAPTER 63—OUTREACH ACTIVITIES SUBCHAPTER I—OUTREACH SERVICES PROGRAM Sec.1 6301. Purpose; definitions. 6302. Biennial plan. 6303. Outreach services. 6304. Veterans assistance offices. 6305. Outstationing of counseling and outreach per- sonnel. 6306. Use of other agencies. 6307. Grants to States and Indian Tribes to im- prove outreach to veterans. 6308. Outreach for eligible dependents. 6309. Biennial report to Congress. SUBCHAPTER II—OTHER OUTREACH PROGRAMS AND ACTIVITIES 6320. Solid Start program. Editorial Notes AMENDMENTS 2025—Pub. L. 118–210, title III, § 302(b), Jan. 2, 2025, 138 Stat. 2791, added items 6307 to 6309 and struck out former items 6307 ‘‘Outreach for eligible dependents’’ and 6308 ‘‘Biennial report to Congress’’. 2022—Pub. L. 117–205, § 2(c), Oct. 17, 2022, 136 Stat. 2233, added subchapter I heading and added item for sub- chapter II and item 6320. SUBCHAPTER I—OUTREACH SERVICES PROGRAM Editorial Notes AMENDMENTS 2022—Pub. L. 117–205, § 2(b)(1), Oct. 17, 2022, 136 Stat. 2233, inserted subchapter heading. § 6301. Purpose; definitions (a) PURPOSE.—The Congress declares that— (1) the outreach services program authorized by this subchapter is for the purpose of ensur- ing that all veterans (especially those who have been recently discharged or released from active military, naval, air, or space service, or from a reserve component, and those who are eligible for readjustment or other benefits and services under laws administered by the De- partment) are provided timely and appropriate assistance to aid and encourage them in apply- ing for and obtaining such benefits and serv- ices in order that they may achieve a rapid so- cial and economic readjustment to civilian life and obtain a higher standard of living for themselves and their dependents; and (2) the outreach services program authorized by this subchapter is for the purpose of charg- ing the Department with the affirmative duty of seeking out eligible veterans and eligible dependents and providing them with such services. (b) DEFINITIONS.—For the purposes of this sub- chapter— (1) the term ‘‘outreach’’ means the act or process of reaching out in a systematic man- ner to proactively provide information, serv- ices, and benefits counseling to veterans, and to the spouses, children, and parents of vet- erans who may be eligible to receive benefits under the laws administered by the Secretary, to ensure that such individuals are fully in- formed about, and receive assistance in apply- ing for, such benefits; (2) the term ‘‘other governmental programs’’ includes all programs under State or local laws as well as all programs under Federal law other than those authorized by this title; and (3) the term ‘‘eligible dependent’’ means a spouse, surviving spouse, child, or dependent parent of a person who served in the active military, naval, air, or space service. (Added Pub. L. 109–233, title IV, § 402(a), June 15, 2006, 120 Stat. 407; amended Pub. L. 110–181, div. A, title XVII, § 1710, Jan. 28, 2008, 122 Stat. 494; Pub. L. 116–283, div. A, title IX, § 926(a)(58), Jan. 1, 2021, 134 Stat. 3830; Pub. L. 117–205, § 2(b)(2), Oct. 17, 2022, 136 Stat. 2233.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 7721 of this title prior to repeal by Pub. L. 109–233. AMENDMENTS 2022—Pub. L. 117–205 substituted ‘‘this subchapter’’ for ‘‘this chapter’’ wherever appearing.