Page:United States Statutes at Large Volume 118.djvu/3651

 118 STAT. 3621 PUBLIC LAW 108–454—DEC. 10, 2004 annual amount of such benefits exceeds $50,000, as adjusted pursu- ant to section 5312 of this title. ‘‘§ 5509. Authority to require fiduciary to receive payments at regional offices of the Department when failing to provide required accounting ‘‘(a) REQUIRED REPORTS AND ACCOUNTINGS.—The Secretary may require a fiduciary to file a report or accounting pursuant to regula- tions prescribed by the Secretary. ‘‘(b) ACTIONS UPON FAILURE TO FILE.—In any case in which a fiduciary fails to submit a report or accounting required by the Secretary under subsection (a), the Secretary may, after furnishing notice to such fiduciary and the beneficiary entitled to such payment of benefits, require that such fiduciary appear in person at a regional office of the Department serving the area in which the beneficiary resides in order to receive such payments.’’. (2) The table of sections at the beginning of such chapter is amended by adding after the item added by section 502(b) the following new items: ‘‘5508. Periodic onsite reviews of institutional fiduciaries. ‘‘5509. Authority to require fiduciary to receive payments at regional offices of the Department when failing to provide required accounting.’’. (b) JUDICIAL ORDERS OF RESTITUTION.—(1) Chapter 61, as amended by section 503(a), is further amended by adding at the end the following new section: ‘‘§ 6108. Authority for judicial orders of restitution ‘‘(a) Any Federal court, when sentencing a defendant 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 authorized by law, that the defendant make restitution to the Department. ‘‘(b) Sections 3612, 3663, and 3664 of title 18 shall apply with respect to the issuance and enforcement of orders of restitution under subsection (a). In so applying those sections, the Department 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 reasons therefor. ‘‘(d) Amounts received in connection with misuse 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 misused benefits, the amounts shall be treated in the same manner as overpayments recouped by the Secretary and shall be deposited to the credit of the applicable revolving fund, trust fund, or appropriation.’’. (2) The table of sections at the beginning of such chapter is amended by adding after the item added by section 503(b) the following new item: ‘‘6108. Authority for judicial orders of restitution.’’. SEC. 505. ANNUAL REPORT. (a) IN GENERAL.—Chapter 55, as amended by section 504(a)(1), is further amended by adding at the end the following new section: ‘‘§ 5510. Annual report ‘‘The Secretary shall include in the Annual Benefits Report of the Veterans Benefits Administration or the Secretary’s Annual VerDate 11-MAY-2000 13:54 Nov 10, 2005 Jkt 029194 PO 00000 Frm 00155 Fmt 6580 Sfmt 6581 C:\STATUTES\2004\29194PT4.001 APPS10 PsN: 29194PT4

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