3.0.0 1405 2023-01-11T13:24:01Z 2023-01-11T13:24:01Z House H HR 2013-03-25 113 [Pages H1836-H1837]From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Ms. TITUS:H.R. 1405.[[Page H1837]]Congress has the power to enact this legislation pursuantto the following:The bill is enacted pursuant to the power granted toCongress under Article I, Section 8, Amendment XVI, of theUnited States Constitution.____________________]]> ssva00 Veterans' Affairs Committee Senate Standing Referred to 2013-10-29T19:03:38Z hsvr00 Veterans' Affairs Committee House Standing hsvr09 Disability Assistance and Memorial Affairs Subcommittee Reported by 2013-04-25T21:03:47Z Markup by 2013-04-25T21:03:00Z Hearings by 2013-04-16T14:05:35Z Referred to 2013-04-16T14:05:31Z Reported by 2013-06-25T22:25:45Z Markup by 2013-05-08T16:32:15Z Referred to 2013-03-25T14:00:24Z H. Rept. 113-130 2013-10-29 ssva00 Veterans' Affairs Committee Senate Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs. IntroReferral 2013-10-28 17:37:09 The title of the measure was amended. Agreed to without objection. Floor H38800 2 House floor actions 2013-10-28 17:37:01 On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H6800-6803) Floor H37300 2 House floor actions 2013-10-28 17:37:01 Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H6800-6803) Floor 8000 9 Library of Congress 2013-10-28 17:26:33 DEBATE - The House proceeded with forty minutes of debate on H.R. 1405. Floor H8D000 2 House floor actions 2013-10-28 17:26:31 Considered under suspension of the rules. (consideration: CR H6800-6804) Floor H30000 2 House floor actions 2013-10-28 17:26:17 Mr. Miller (FL) moved to suspend the rules and pass the bill, as amended. Floor H30300 2 House floor actions 2013-06-25 Placed on the Union Calendar, Calendar No. 95. Calendars H12410 2 House floor actions U00095 2013-06-25 Reported (Amended) by the Committee on Veterans' Affairs. H. Rept. 113-130. Committee H12200 2 House floor actions hsvr00 Veterans' Affairs Committee 2013-06-25 Reported (Amended) by the Committee on Veterans' Affairs. H. Rept. 113-130. Committee 5000 9 Library of Congress hsvr00 Veterans' Affairs Committee 2013-05-08 hsvr00 Veterans' Affairs Committee 1 House committee actions Ordered to be Reported (Amended) by Voice Vote. Committee 2013-05-08 hsvr00 Veterans' Affairs Committee 1 House committee actions Committee Consideration and Mark-up Session Held. Committee 2013-04-25 hsvr09 Disability Assistance and Memorial Affairs Subcommittee 1 House committee actions Forwarded by Subcommittee to Full Committee in the Nature of a Substitute (Amended) by Voice Vote . Committee 2013-04-25 hsvr09 Disability Assistance and Memorial Affairs Subcommittee 1 House committee actions Subcommittee Consideration and Mark-up Session Held. Committee 2013-04-16 hsvr09 Disability Assistance and Memorial Affairs Subcommittee 1 House committee actions Subcommittee Hearings Held. Committee 2013-04-16 hsvr09 Disability Assistance and Memorial Affairs Subcommittee 1 House committee actions Referred to the Subcommittee on Disability Assistance and Memorial Affairs. Committee 2013-03-25 Referred to the House Committee on Veterans' Affairs. IntroReferral H11100 2 House floor actions hsvr00 Veterans' Affairs Committee 2013-03-25 Introduced in House IntroReferral Intro-H 9 Library of Congress 2013-03-25 Introduced in House IntroReferral 1000 9 Library of Congress T000468 Rep. Titus, Dina [D-NV-1] Dina Titus D NV 1 N R000594 Rep. Runyan, Jon [R-NJ-3] Jon Runyan R NJ 3 2013-03-25 True T000472 Rep. Takano, Mark [D-CA-41] Mark Takano D CA 41 2013-05-08 False C000059 Rep. Calvert, Ken [R-CA-42] KEN CALVERT R CA 42 2013-05-08 False J000292 Rep. Johnson, Bill [R-OH-6] Bill Johnson R OH 6 2013-05-08 False L000567 Rep. Lance, Leonard [R-NJ-7] Leonard Lance R NJ 7 2013-05-08 False O000170 Rep. O'Rourke, Beto [D-TX-16] Beto O'Rourke D TX 16 2013-05-08 False L000565 Rep. Loebsack, David [D-IA-2] David Loebsack D IA 2 2013-05-08 False R000599 Rep. Ruiz, Raul [D-CA-36] Raul Ruiz D CA 36 2013-05-08 False R000011 Rep. Rahall, Nick J., II [D-WV-3] NICK RAHALL D WV J. 3 2013-06-18 False Armed Forces and National Security Administrative remedies Department of Veterans Affairs Disability and paralysis Fraud offenses and financial crimes Government information and archives Mental health National Guard and reserves Veterans' education, employment, rehabilitation Veterans' loans, housing, homeless programs Veterans' medical care Veterans' pensions and compensation Armed Forces and National Security 00 2013-03-25 Introduced in House 2013-04-19T20:25:26Z Directs the Secretary of Veterans Affairs (VA) to include, within a notification to a claimant of the decision to deny a benefit sought, a form that may be used to appeal such decision.

]]> 17 2013-06-25 Reported to House with amendment(s) 2013-10-23T20:18:20Z (Sec. 1) Directs the Secretary of Veterans Affairs (VA) to include, within a notification to a claimant of the decision to deny a benefit sought, a form that may be used to file a notice of disagreement to such decision.

(Sec. 2) Honors as a veteran any person who is entitled to retired pay for nonregular (reserve) service or who would be so entitled, but for age. Provides that such a person shall not be entitled to any benefit by reason of such recognition.

(Sec. 3) Directs the Secretary to provide veterans' case-tracking information access to employees of a state or local governmental agency assisting veterans with benefit claims. Directs the Secretary to ensure that such access does not: (1) allow the employee to modify the data in the case-tracking system, or (2) include access to medical records. Requires such employees to complete a certification course on privacy issues before receiving such access.

(Sec. 4) Authorizes the Secretary of Veterans Affairs (VA) to appoint one or more temporary fiduciaries for up to 120 days when a temporary fiduciary is needed to protect the benefits of a VA beneficiary while a determination of incompetency is being made or appealed or a fiduciary is appealing a determination of misuse. Requires the Secretary to provide a written statement to a beneficiary determined by the Secretary to be mentally incompetent for purposes of appointing a fiduciary. Allows the beneficiary to appeal such determination. Allows a beneficiary for whom the Secretary appoints a fiduciary to, at any time, request the Secretary to remove such fiduciary and appoint a new one. Requires the Secretary to comply with any such request made in good faith. Prohibits any such removal or new appointment from delaying or interrupting the beneficiary's receipt of benefits. Requires an appointed fiduciary to act independently of the VA and in the interests of the beneficiary.

Provides for the predesignation of a fiduciary. Requires the Secretary, if a beneficiary does not designate a fiduciary, to appoint a fiduciary who is a relative, a guardian, or authorized to act on their behalf under a durable power of attorney. Provides for: (1) fiduciary commissions when necessary; and (2) the temporary payment of benefits to a person having custody and control of an incompetent or minor beneficiary, to be used solely for the benefit of the beneficiary.

Directs the Secretary to maintain a list of state and local agencies and nonprofit social service agencies that are qualified to act as a fiduciary.

Requires any certification of a fiduciary to be made on the basis of an inquiry or investigation of his or her fitness and qualifications. Requires the investigation to include a face-to-face interview and a background check. Allows a person convicted of a federal or state offense to serve as a fiduciary only when the Secretary finds such person to be appropriate under the circumstances. Requires each fiduciary to disclose the number of beneficiaries that the fiduciary acts on behalf of. Requires the Secretary to: (1) maintain records of any person who has had his or her fiduciary status revoked, and (2) notify the beneficiary within 14 days after learning that the fiduciary has been convicted of a crime.

Directs the Secretary, upon having reason to believe that a fiduciary may be misusing all or part of a beneficiary benefit, to: (1) conduct a thorough investigation, and (2) report results to the Attorney General and the head of each federal department or agency that pays a beneficiary benefit to such fiduciary. Requires each Veterans Benefits Administration regional office to maintain specified fiduciary information.

Requires (current law permits) a fiduciary to file an annual accounting of the administration of beneficiary benefits. Requires the Secretary to conduct annual random audits of fiduciaries who receive a commission for such service. Requires: (1) fiduciary repayment of misused benefits, and (2) a report from the Secretary to the congressional veterans committees on the implementation of this section.

(Sec. 5) Prohibits the Secretary from paying more than $345 million in VA employee awards or bonuses during each of FY2014-FY2018.

]]> 36 2013-10-28 Passed House amended 2013-12-17T15:49:29Z (This measure has not been amended since it was reported to the House on June 25, 2013. The summary of that version is repeated here.)

(Sec. 1) Directs the Secretary of Veterans Affairs (VA) to include, within a notification to a claimant of the decision to deny a benefit sought, a form that may be used to file a notice of disagreement to such decision.

(Sec. 2) Honors as a veteran any person who is entitled to retired pay for nonregular (reserve) service or who would be so entitled, but for age. Provides that such a person shall not be entitled to any benefit by reason of such recognition.

(Sec. 3) Directs the Secretary to provide veterans' case-tracking information access to employees of a state or local governmental agency assisting veterans with benefit claims. Directs the Secretary to ensure that such access does not: (1) allow the employee to modify the data in the case-tracking system, or (2) include access to medical records. Requires such employees to complete a certification course on privacy issues before receiving such access.

(Sec. 4) Authorizes the Secretary of Veterans Affairs (VA) to appoint one or more temporary fiduciaries for up to 120 days when a temporary fiduciary is needed to protect the benefits of a VA beneficiary while a determination of incompetency is being made or appealed or a fiduciary is appealing a determination of misuse. Requires the Secretary to provide a written statement to a beneficiary determined by the Secretary to be mentally incompetent for purposes of appointing a fiduciary. Allows the beneficiary to appeal such determination. Allows a beneficiary for whom the Secretary appoints a fiduciary to, at any time, request the Secretary to remove such fiduciary and appoint a new one. Requires the Secretary to comply with any such request made in good faith. Prohibits any such removal or new appointment from delaying or interrupting the beneficiary's receipt of benefits. Requires an appointed fiduciary to act independently of the VA and in the interests of the beneficiary.

Provides for the predesignation of a fiduciary. Requires the Secretary, if a beneficiary does not designate a fiduciary, to appoint a fiduciary who is a relative, a guardian, or authorized to act on their behalf under a durable power of attorney. Provides for: (1) fiduciary commissions when necessary; and (2) the temporary payment of benefits to a person having custody and control of an incompetent or minor beneficiary, to be used solely for the benefit of the beneficiary.

Directs the Secretary to maintain a list of state and local agencies and nonprofit social service agencies that are qualified to act as a fiduciary.

Requires any certification of a fiduciary to be made on the basis of an inquiry or investigation of his or her fitness and qualifications. Requires the investigation to include a face-to-face interview and a background check. Allows a person convicted of a federal or state offense to serve as a fiduciary only when the Secretary finds such person to be appropriate under the circumstances. Requires each fiduciary to disclose the number of beneficiaries that the fiduciary acts on behalf of. Requires the Secretary to: (1) maintain records of any person who has had his or her fiduciary status revoked, and (2) notify the beneficiary within 14 days after learning that the fiduciary has been convicted of a crime.

Directs the Secretary, upon having reason to believe that a fiduciary may be misusing all or part of a beneficiary benefit, to: (1) conduct a thorough investigation, and (2) report results to the Attorney General and the head of each federal department or agency that pays a beneficiary benefit to such fiduciary. Requires each Veterans Benefits Administration regional office to maintain specified fiduciary information.

Requires (current law permits) a fiduciary to file an annual accounting of the administration of beneficiary benefits. Requires the Secretary to conduct annual random audits of fiduciaries who receive a commission for such service. Requires: (1) fiduciary repayment of misused benefits, and (2) a report from the Secretary to the congressional veterans committees on the implementation of this section.

(Sec. 5) Prohibits the Secretary from paying more than $345 million in VA employee awards or bonuses during each of FY2014-FY2018.

]]> To amend title 38, United States Code, to require the Secretary of Veterans Affairs to include a notice of disagreement form in any notice of decision issued for the denial of a benefit sought, to improve the supervision of fiduciaries of veterans under the laws administered by the Secretary of Veterans Affairs, and for other purposes. Display Title To amend title 38, United States Code, to require the Secretary of Veterans Affairs to include a notice of disagreement form in any notice of decision issued for the denial of a benefit sought, to improve the supervision of fiduciaries of veterans under the laws administered by the Secretary of Veterans Affairs, and for other purposes. Official Title as Introduced To amend title 38, United States Code, to require the Secretary of Veterans Affairs to include an appeals form in any notice of decision issued for the denial of a benefit sought. Official Titles as Amended by House To amend title 38, United States Code, to require the Secretary of Veterans Affairs to include a notice of disagreement form in any notice of decision issued for the denial of a benefit sought, to improve the supervision of fiduciaries of veterans under the laws administered by the Secretary of Veterans Affairs, and for other purposes. H House Referred in Senate 2013-10-29T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-113hr1405rfs/xml/BILLS-113hr1405rfs.xml Engrossed in House 2013-10-28T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-113hr1405eh/xml/BILLS-113hr1405eh.xml Reported in House 2013-06-25T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-113hr1405rh/xml/BILLS-113hr1405rh.xml Introduced in House 2013-03-25T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-113hr1405ih/xml/BILLS-113hr1405ih.xml 2013-10-29 Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs. 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. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.