3.0.0 894 2022-03-03T21:32:56Z 2022-03-03T21:32:56Z House H HR 2013-02-28 113 From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Mr. JOHNSON of Ohio:H.R. 894.Congress has the power to enact this legislation pursuantto the following:Article I, section 8 of the Constitution of the UnitedStates.[Page H816]]]> hsvr00 Veterans' Affairs Committee House Standing hsvr09 Disability Assistance and Memorial Affairs Subcommittee Reported by 2013-04-25T21:02:11Z Markup by 2013-04-25T21:01:38Z Hearings by 2013-04-16T13:19:12Z Referred to 2013-03-08T18:18:58Z Referred to 2013-02-28T14:05:50Z 2013-04-25 hsvr09 Disability Assistance and Memorial Affairs Subcommittee 1 House committee actions Forwarded by Subcommittee to Full Committee 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 2013-03-08 hsvr09 Disability Assistance and Memorial Affairs Subcommittee 1 House committee actions Referred to the Subcommittee on Disability Assistance and Memorial Affairs. Committee 2013-02-28 Referred to the House Committee on Veterans' Affairs. IntroReferral H11100 2 House floor actions hsvr00 Veterans' Affairs Committee 2013-02-28 Introduced in House IntroReferral Intro-H 9 Library of Congress 2013-02-28 Introduced in House IntroReferral 1000 9 Library of Congress J000292 Rep. Johnson, Bill [R-OH-6] Bill Johnson R OH 6 N S001187 Rep. Stivers, Steve [R-OH-15] Steve Stivers R OH 15 2013-02-28 True T000468 Rep. Titus, Dina [D-NV-1] Dina Titus D NV 1 2013-02-28 True R000582 Rep. Roe, David P. [R-TN-1] David Roe R TN P. 1 2013-02-28 True M001149 Rep. Michaud, Michael H. [D-ME-2] Michael Michaud D ME H. 2 2013-03-04 False C001069 Rep. Courtney, Joe [D-CT-2] Joe Courtney D CT 2 2013-03-07 False K000368 Rep. Kirkpatrick, Ann [D-AZ-1] Ann Kirkpatrick D AZ 1 2013-03-20 False B001271 Rep. Benishek, Dan [R-MI-1] Dan Benishek R MI 1 2013-04-09 False C001068 Rep. Cohen, Steve [D-TN-9] Steve Cohen D TN 9 2013-04-17 False Armed Forces and National Security Accounting and auditing Administrative remedies Criminal justice information and records Department of Veterans Affairs Disability assistance Fraud offenses and financial crimes Government information and archives Government studies and investigations Lawyers and legal services Legal fees and court costs Licensing and registrations Veterans' education, employment, rehabilitation Veterans' loans, housing, homeless programs Veterans' medical care Veterans' pensions and compensation Armed Forces and National Security 00 2013-02-28 Introduced in House 2013-03-15T16:37:34Z Provides that, when in the opinion of the Secretary of Veterans Affairs (VA) 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, the Secretary may appoint one or more temporary fiduciaries for up to 120 days.

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 a appointed fiduciary appointed by the Secretary to act independently of the VA and in the interest of the beneficiary.

Provides for the predesignation of a fiduciary. Provides that, if a beneficiary does not designate a fiduciary, the Secretary shall appoint, to the extent possible, a fiduciary who is: (1) a relative, (2) a guardian, or (3) 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 previously served as a fiduciary and had such 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 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 (under 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 fiduciary repayment of misused benefits.

]]> To amend title 38, United States Code, to improve the supervision of fiduciaries of veterans under the laws administered by the Secretary of Veterans Affairs. Display Title To amend title 38, United States Code, to improve the supervision of fiduciaries of veterans under the laws administered by the Secretary of Veterans Affairs. Official Title as Introduced To amend title 38, United States Code, to improve the supervision of fiduciaries of veterans under the laws administered by the Secretary of Veterans Affairs. Introduced in House 2013-02-28T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-113hr894ih/xml/BILLS-113hr894ih.xml 2013-04-25 Forwarded by Subcommittee to Full Committee by Voice Vote . 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.