I 115th CONGRESS 1st Session H. R. 105 IN THE HOUSE OF REPRESENTATIVES January 3, 2017 Ms. Brownley of California introduced the following bill; which was referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to ensure that the Secretary of Veterans Affairs repays the misused benefits of veterans with fiduciaries, to establish an appeals process for determinations by the Secretary of Veterans Affairs of veterans’ mental capacity, and for other purposes.

1. Short title This Act may be cited as the Protect Veterans from Financial Fraud Act of 2017 . 2. Repayment of misused benefits (a) In general Section 6107(b) of title 38, United States Code, is amended— (1) in paragraph (1), by striking In any case in which a fiduciary described in paragraph (2) and inserting In any case not covered by subsection (a) in which a fiduciary ; (2) by striking paragraph (2); and (3) by redesignating paragraph (3) as paragraph (2). (b) Application The amendments made by subsection (a) shall apply with respect to the misuse of benefits by a fiduciary occurring on or after the date of the enactment of this Act. 3. Appeals for determinations of mental capacity Section 5501A of title 38, United States Code, is amended— (1) by striking The Secretary and inserting (a) In general .—The Secretary ; and (2) by adding at the end the following new subsection: (b) Appeals A determination under subsection (a) may be appealed in accordance with chapters 71 and 72 of this title. .