[Congressional Record Volume 159, Number 151 (Monday, October 28, 2013)]
[House]
[Pages H6800-H6804]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DENIAL OF BENEFIT REQUIREMENT
Mr. MILLER of Florida. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 1405) 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, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1405
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. INCLUSION OF APPEALS FORMS IN NOTICES OF DECISIONS
OF BENEFITS DENIALS ISSUED BY THE SECRETARY OF
VETERANS AFFAIRS.
(a) In General.--Section 5104(b) of title 38, United States
Code, is amended--
(1) by striking ``and (2)'' and inserting ``(2)''; and
(2) by inserting before the period at the end the
following: ``, and (3) a form that may be used to file an
appeal of the decision''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to decisions made by the Secretary
under section 511 of title 38, United States Code, on or
after the date of the enactment of this Act.
SECTION 1. INCLUSION OF NOTICE OF DISAGREEMENT FORMS IN
NOTICES OF DECISIONS OF BENEFITS DENIALS ISSUED
BY SECRETARY OF VETERANS AFFAIRS.
(a) In General.--Section 5104(b) of title 38, United States
Code, is amended--
(1) by striking ``and (2)'' and inserting ``(2)''; and
(2) by inserting before the period at the end the
following: ``, and (3) a form that may be used to file a
notice of disagreement to the decision''.
(b) Effective Date.--The amendments made by subsection (a)
shall apply with respect to decisions made by the Secretary
under section 511 of title 38, United States Code, on or
after the date of the enactment of this Act.
SEC. 2. PROVISION OF STATUS UNDER LAW BY HONORING CERTAIN
MEMBERS OF THE RESERVE COMPONENTS AS VETERANS.
(a) Veteran Status.--
(1) In general.--Chapter 1 of title 38, United States Code,
is amended by inserting after section 107 the following new
section:
``Sec. 107A. Honoring as veterans certain persons who
performed service in the reserve components
``Any person who is entitled under chapter 1223 of title 10
to retired pay for nonregular service or, but for age, would
be entitled under such chapter to retired pay for nonregular
service shall be honored as a veteran but shall not be
entitled to any benefit by reason of this section.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 107 the following new item:
``107A. Honoring as veterans certain persons who performed service in
the reserve components.''.
(b) Clarification Regarding Benefits.--No person may
receive any benefit under the laws administered by the
Secretary of Veterans Affairs solely by reason of section
107A of title 38, United States Code, as added by subsection
(a).
SEC. 3. PROVISION OF ACCESS TO CASE-TRACKING INFORMATION.
(a) In General.--Chapter 59 of title 38, United States
Code, is amended by adding at the end the following:
``Sec. 5906. Provision of access to case-tracking information
``(a) In General.--(1) In accordance with subsection (b),
the Secretary shall provide a covered employee with access to
the case-tracking system to provide a veteran with
information regarding the status of a claim submitted by such
veteran if such employee is acting under written permission
or a power of attorney executed by such veteran.
``(2) In providing a covered employee with access to the
case-tracking system under paragraph (1), the Secretary shall
ensure--
``(A) that such access--
``(i) is provided in a manner that does not allow such
employee to modify the data contained in such system; and
``(ii) does not include access to medical records; and
``(B) that each time a covered employee accesses such
system, the employee must certify that such access is for
official purposes only.
``(b) Privacy Certification Course.--The Secretary may not
provide a covered employee with access to the case-tracking
system under subsection (a)(1) unless the covered employee
has successfully completed a certification course on privacy
issues provided by the Secretary.
``(c) Treatment of Disclosure.--The access to information
by a covered employee pursuant to subsection (a)(1) shall be
deemed to be--
``(1) a covered disclosure under section 552a(b) of title
5; and
``(2) a permitted disclosure under regulations promulgated
under section 264(c) of the Health Insurance Portability and
Accountability Act of 1996 (42 U.S.C. 1320d-2 note).
``(d) Definitions.--In this section:
``(1) The term `case-tracking system' means the system of
the Department of Veterans Affairs that provides information
regarding the status of a claim submitted by a veteran.
``(2) The term `covered employee' means an employee of a
State or local governmental agency (including a veterans
service officer) who, in the course of carrying out the
responsibilities of such employment, assists veterans with
claims for any benefit under the laws administered by the
Secretary.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``5906. Provision of access to case-tracking information.''.
SEC. 4. IMPROVEMENT OF FIDUCIARIES FOR VETERANS.
(a) Appointment and Supervision.--
(1) Section 5502 of title 38, United States Code, is
amended to read as follows:
``Sec. 5502. Appointment of fiduciaries
``(a) Appointment.--(1) Where it appears to the Secretary
that the interest of the beneficiary would be served thereby,
payment of benefits under any law administered by the
Secretary may be made directly to the beneficiary or to a
relative or some other fiduciary for the use and benefit of
the beneficiary, regardless of any legal disability on the
part of the beneficiary.
[[Page H6801]]
``(2) When in the opinion of the Secretary, a temporary
fiduciary is needed in order to protect the benefits provided
to the beneficiary under any law administered by the
Secretary 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 a period not to exceed 120 days. If a final
decision has not been made within 120 days, the Secretary may
not continue the appointment of the fiduciary without
obtaining a court order for appointment of a guardian,
conservator, or other fiduciary under the authority provided
in section 5502(b) of this title.
``(b) Appeals.--(1) If the Secretary determines a
beneficiary to be mentally incompetent for purposes of
appointing a fiduciary under this chapter, the Secretary
shall provide such beneficiary with a written statement
detailing the reasons for such determination.
``(2) A beneficiary whom the Secretary has determined to be
mentally incompetent for purposes of appointing a fiduciary
under this chapter may appeal such determination.
``(c) Modification.--(1) A beneficiary for whom the
Secretary appoints a fiduciary under this chapter may, at any
time, request the Secretary to--
``(A) remove the fiduciary so appointed; and
``(B) have a new fiduciary appointed.
``(2) The Secretary shall comply with a request under
paragraph (1) if the Secretary determines that the request is
made in good faith and--
``(A) the fiduciary requested to be removed receives a fee
from the beneficiary and a suitable volunteer fiduciary is
available to assist the beneficiary; or
``(B) the beneficiary provides credible information that
the fiduciary requested to be removed is--
``(i) not acting in the interest of the beneficiary ;or
``(ii) unable to effectively serve the beneficiary because
of an irreconcilable personality conflict or disagreement.
``(3) The Secretary shall ensure that any removal or new
appointment of a fiduciary under paragraph (1) does not delay
or interrupt the beneficiary's receipt of benefits
administered by the Secretary.
``(d) Independence.--A fiduciary appointed by the Secretary
shall operate independently of the Department to determine
the actions that are in the interest of the beneficiary.
``(e) Predesignation.--A veteran may predesignate a
fiduciary by--
``(1) submitting written notice to the Secretary of the
predesignated fiduciary; or
``(2) submitting a form provided by the Secretary for such
purpose.
``(f) Appointment of Non-Predesignated Fiduciary.--If a
beneficiary designates an individual to serve as a fiduciary
under subsection (e) and the Secretary appoints an individual
not so designated as the fiduciary for such beneficiary, the
Secretary shall notify such beneficiary of--
``(1) the reason why such designated individual was not
appointed; and
``(2) the ability of the beneficiary to modify the
appointed fiduciary under subsection (c).
``(g) Priority of Appointment.--In appointing a fiduciary
under this chapter, if a beneficiary does not designate a
fiduciary pursuant to subsection (e), to the extent possible
the Secretary shall appoint a person who is--
``(1) a relative of the beneficiary;
``(2) appointed as guardian of the beneficiary by a court
of competent jurisdiction; or
``(3) authorized to act on behalf of the beneficiary under
a durable power of attorney.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 55 of title 38, United States Code, is
amended by striking the item relating to section 5502 and
inserting the following:
``5502. Appointment of fiduciaries.''.
(b) Supervision.--
(1) In general.--Chapter 55 of title 38, United States
Code, is amended by inserting after section 5502, as amended
by subsection (a)(1), the following new section:
``Sec. 5502A. Supervision of fiduciaries
``(a) Commission.--(1)(A) In a case in which the Secretary
determines that a commission is necessary in order to obtain
the services of a fiduciary in the best interests of a
beneficiary, the Secretary may authorize a fiduciary
appointed by the Secretary to obtain from the monthly
benefits provided to the beneficiary a reasonable commission
for fiduciary services rendered, but the commission for any
month may not exceed the lesser of the following amounts:
``(i) The amount that equals three percent of the monthly
monetary benefits under laws administered by the Secretary
paid on behalf of the beneficiary to the fiduciary.
``(ii) $35.
``(B) A commission paid under this paragraph may not be
derived from any award to a beneficiary regarding back pay or
retroactive benefits payments.
``(C) A commission may not be authorized for a fiduciary
who receives any other form of remuneration or payment in
connection with rendering fiduciary services for benefits
under this title on behalf of the beneficiary.
``(D) In accordance with section 6106 of this title, a
commission may not be paid to a fiduciary if the Secretary
determines that the fiduciary misused any benefit payments of
a beneficiary.
``(E) If the Secretary determines that the fiduciary has
misused any benefit or payments of a beneficiary, the
Secretary may revoke the fiduciary status of the fiduciary.
``(2) Where, in the opinion of the Secretary, any fiduciary
receiving funds on behalf of a Department beneficiary is
acting in such a number of cases as to make it impracticable
to conserve properly the estates or to supervise the persons
of the beneficiaries, the Secretary may refuse to make future
payments in such cases as the Secretary may deem proper.
``(b) Court.--Whenever it appears that any fiduciary, in
the opinion of the Secretary, is not properly executing or
has not properly executed the duties of the trust of such
fiduciary or has collected or paid, or is attempting to
collect or pay, fees, commissions, or allowances that are
inequitable or in excess of those allowed by law for the
duties performed or expenses incurred, or has failed to make
such payments as may be necessary for the benefit of the ward
or the dependents of the ward, then the Secretary may appear,
by the Secretary's authorized attorney, in the court which
has appointed such fiduciary, or in any court having
original, concurrent, or appellate jurisdiction over said
cause, and make proper presentation of such matters. The
Secretary, in the Secretary's discretion, may suspend
payments to any such fiduciary who shall neglect or refuse,
after reasonable notice, to render an account to the
Secretary from time to time showing the application of such
payments for the benefit of such incompetent or minor
beneficiary, or who shall neglect or refuse to administer the
estate according to law. The Secretary may require the
fiduciary, as part of such account, to disclose any
additional financial information concerning the beneficiary
(except for information that is not available to the
fiduciary). The Secretary may appear or intervene by the
Secretary's duly authorized attorney in any court as an
interested party in any litigation instituted by the
Secretary or otherwise, directly affecting money paid to such
fiduciary under this section.
``(c) Payment of Certain Expenses.--Authority is hereby
granted for the payment of any court or other expenses
incident to any investigation or court proceeding for the
appointment of any fiduciary or other person for the purpose
of payment of benefits payable under laws administered by the
Secretary or the removal of such fiduciary and appointment of
another, and of expenses in connection with the
administration of such benefits by such fiduciaries, or in
connection with any other court proceeding hereby authorized,
when such payment is authorized by the Secretary.
``(d) Temporary Payment of Benefits.--All or any part of
any benefits the payment of which is suspended or withheld
under this section may, in the discretion of the Secretary,
be paid temporarily to the person having custody and control
of the incompetent or minor beneficiary, to be used solely
for the benefit of such beneficiary, or, in the case of an
incompetent veteran, may be apportioned to the dependent or
dependents, if any, of such veteran. Any part not so paid and
any funds of a mentally incompetent or insane veteran not
paid to the chief officer of the institution in which such
veteran is a patient nor apportioned to the veteran's
dependent or dependents may be ordered held in the Treasury
to the credit of such beneficiary. All funds so held shall be
disbursed under the order and in the discretion of the
Secretary for the benefit of such beneficiary or the
beneficiary's dependents. Any balance remaining in such fund
to the credit of any beneficiary may be paid to the
beneficiary if the beneficiary recovers and is found
competent, or if a minor, attains majority, or otherwise to
the beneficiary's fiduciary, or, in the event of the
beneficiary's death, to the beneficiary's personal
representative, except as otherwise provided by law; however,
payment will not be made to the beneficiary's personal
representative if, under the law of the beneficiary's last
legal residence, the beneficiary's estate would escheat to
the State. In the event of the death of a mentally
incompetent or insane veteran, all gratuitous benefits under
laws administered by the Secretary deposited before or after
August 7, 1959, in the personal funds of patients trust fund
on account of such veteran shall not be paid to the personal
representative of such veteran, but shall be paid to the
following persons living at the time of settlement, and in
the order named: The surviving spouse, the children (without
regard to age or marital status) in equal parts, and the
dependent parents of such veteran, in equal parts. If any
balance remains, such balance shall be deposited to the
credit of the applicable current appropriation; except that
there may be paid only so much of such balance as may be
necessary to reimburse a person (other than a political
subdivision of the United States) who bore the expenses of
last sickness or burial of the veteran for such expenses. No
payment shall be made under the two preceding sentences of
this subsection unless claim therefor is filed with the
Secretary within five years after the death of the veteran,
except that, if any person so entitled under said two
sentences is under legal disability at the time of death of
the veteran, such five-year period of limitation shall run
from the termination or removal of the legal disability.
``(e) Escheatment.--Any funds in the hands of a fiduciary
appointed by a State court or the Secretary derived from
benefits payable under laws administered by the Secretary,
which under the law of the State
[[Page H6802]]
wherein the beneficiary had last legal residence would
escheat to the State, shall escheat to the United States and
shall be returned by such fiduciary, or by the personal
representative of the deceased beneficiary, less legal
expenses of any administration necessary to determine that an
escheat is in order, to the Department, and shall be
deposited to the credit of the applicable revolving fund,
trust fund, or appropriation.
``(f) Assistance.--The Secretary shall provide to a
fiduciary appointed under section 5502 of this title
materials and tools to assist the fiduciary in carrying out
the responsibilities of the fiduciary under this chapter,
including--
``(1) handbooks, brochures, or other written material that
explain the responsibilities of a fiduciary under this
chapter;
``(2) tools located on an Internet website, including forms
to submit to the Secretary required information; and
``(3) assistance provided by telephone.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 55 of title 38, United States Code, is
amended by inserting after the item relating to section 5502
the following new item:
``5502A. Supervision of fiduciaries.''.
(c) Definition of Fiduciary.--Section 5506 of title 38,
United States Code is amended--
(1) by striking ``For purposes'' and inserting ``(a) For
purposes''; and
(2) by adding at the end the following new subsection:
``(b)(1) For purposes of subsection (a), the term `person'
includes any--
``(A) State or local government agency whose mission is to
carry out income maintenance, social service, or health care-
related activities;
``(B) any State or local government agency with fiduciary
responsibilities; or
``(C) any nonprofit social service agency that the
Secretary determines--
``(i) regularly provides services as a fiduciary
concurrently to five or more individuals; and
``(ii) is not a creditor of any such individual.
``(2) The Secretary shall maintain a list of State or local
agencies and nonprofit social service agencies under
paragraph (1) that are qualified to act as a fiduciary under
this chapter. In maintaining such list, the Secretary may
consult the lists maintained under section 807(h) of the
Social Security Act (42 U.S.C. 1007(h)).''.
(d) Qualifications.--Section 5507 of title 38, United
States Code, is amended to read as follows:
``Sec. 5507. Inquiry, investigations, and qualification of
fiduciaries
``(a) Investigation.--Any certification of a person for
payment of benefits of a beneficiary to that person as such
beneficiary's fiduciary under section 5502 of this title
shall be made on the basis of--
``(1) an inquiry or investigation by the Secretary of the
fitness of that person to serve as fiduciary for that
beneficiary to be conducted in advance of such certification
and in accordance with subsection (b);
``(2) adequate evidence that certification of that person
as fiduciary for that beneficiary is in the interest of such
beneficiary (as determined by the Secretary under
regulations);
``(3) adequate evidence that the person to serve as
fiduciary protects the private information of a beneficiary
in accordance with subsection (d)(1); and
``(4) the furnishing of any bond that may be required by
the Secretary in accordance with subsection (f).
``(b) Elements of Investigation.--(1) In conducting an
inquiry or investigation of a proposed fiduciary under
subsection (a)(1), the Secretary shall conduct--
``(A) a face-to-face interview with the proposed fiduciary
by not later than 30 days after the date on which such
inquiry or investigation begins; and
``(B) a background check of the proposed fiduciary to--
``(i) in accordance with paragraph (2), determine whether
the proposed fiduciary has been convicted of a crime; and
``(ii) determine whether the proposed fiduciary will serve
the best interest of the beneficiary, including by conducting
a credit check of the proposed fiduciary and checking the
records under paragraph (5).
``(2) The Secretary shall request information concerning
whether that person has been convicted of any offense under
Federal or State law. If that person has been convicted of
such an offense, the Secretary may certify the person as a
fiduciary only if the Secretary finds that the person is an
appropriate person to act as fiduciary for the beneficiary
concerned under the circumstances.
``(3) The Secretary shall conduct the background check
described in paragraph (1)(B)--
``(A) each time a person is proposed to be a fiduciary,
regardless of whether the person is serving or has served as
a fiduciary; and
``(B) at no expense to the beneficiary.
``(4) Each proposed fiduciary shall disclose to the
Secretary the number of beneficiaries that the fiduciary acts
on behalf of.
``(5) The Secretary shall maintain records of any person
who has--
``(A) previously served as a fiduciary; and
``(B) had such fiduciary status revoked by the Secretary.
``(6)(A) If a fiduciary appointed by the Secretary is
convicted of a crime described in subparagraph (B), the
Secretary shall notify the beneficiary of such conviction by
not later than 14 days after the date on which the Secretary
learns of such conviction.
``(B) A crime described in this subparagraph is a crime--
``(i) for which the fiduciary is convicted while serving as
a fiduciary for any person;
``(ii) that is not included in a report submitted by the
fiduciary under section 5509(a) of this title; and
``(iii) that the Secretary determines could affect the
ability of the fiduciary to act on behalf of the beneficiary.
``(c) Investigation of Certain Persons.--(1) In the case of
a proposed fiduciary described in paragraph (2), the
Secretary, in conducting an inquiry or investigation under
subsection (a)(1), may carry out such inquiry or
investigation on an expedited basis that may include giving
priority to conducting such inquiry or investigation. Any
such inquiry or investigation carried out on such an
expedited basis shall be carried out under regulations
prescribed for purposes of this section.
``(2) Paragraph (1) applies with respect to a proposed
fiduciary who is--
``(A) the parent (natural, adopted, or stepparent) of a
beneficiary who is a minor;
``(B) the spouse or parent of an incompetent beneficiary;
``(C) a person who has been appointed a fiduciary of the
beneficiary by a court of competent jurisdiction;
``(D) being appointed to manage an estate where the annual
amount of veterans benefits to be managed by the proposed
fiduciary does not exceed $3,600, as adjusted pursuant to
section 5312 of this title; or
``(E) a person who is authorized to act on behalf of the
beneficiary under a durable power of attorney.
``(d) Protection of Private Information.--(1) A fiduciary
shall take all reasonable precautions to--
``(A) protect the private information of a beneficiary,
including personally identifiable information; and
``(B) securely conducts financial transactions.
``(2) A fiduciary shall notify the Secretary of any action
of the fiduciary that compromises or potentially compromises
the private information of a beneficiary.
``(e) Potential Misuse of Funds.--(1) If the Secretary has
reason to believe that a fiduciary may be misusing all or
part of the benefit of a beneficiary, the Secretary shall--
``(A) conduct a thorough investigation to determine the
veracity of such belief; and
``(B) if such veracity is established, transmit to the
officials described in paragraph (2) a report of such
investigation.
``(2) The officials described in this paragraph are the
following:
``(A) The Attorney General.
``(B) Each head of a Federal department or agency that pays
to a fiduciary or other person benefits under any law
administered by such department of agency for the use and
benefit of a minor, incompetent, or other beneficiary.
``(f) Bond.--In determining whether a proposed fiduciary is
required to furnish a bond under subsection (a)(4), the
Secretary shall consider--
``(1) the existence of any familial or other personal
relationship between the proposed fiduciary and the
beneficiary; and
``(2) the care the proposed fiduciary has taken to protect
the interests of the beneficiary.
``(g) List of Fiduciaries.--Each regional office of the
Veterans Benefits Administration shall maintain a list of the
following:
``(1) The name and contact information of each fiduciary,
including address, telephone number, and email address.
``(2) With respect to each fiduciary described in paragraph
(1)--
``(A) the date of the most recent background check and
credit check performed by the Secretary under this section;
``(B) the date that any bond was paid under this section;
``(C) the name, address, and telephone number of each
beneficiary the fiduciary acts on behalf of; and
``(D) the amount that the fiduciary controls with respect
to each beneficiary described in subparagraph (C).''.
(e) Annual Receipt of Payments.--
(1) In general.--Section 5509 of title 38, United States
Code, is amended--
(A) in subsection (a)----
(i) by striking ``may require a fiduciary to file a'' and
inserting ``shall require a fiduciary to file an annual'';
and
(ii) by adding at the end the following new sentence: ``The
Secretary shall transmit such annual report or accounting to
the beneficiary and any legal guardian of such
beneficiary.'';
(B) by adding at the end the following new subsections:
``(c) Matters Included.--Except as provided by subsection
(f), an annual report or accounting under subsection (a)
shall include the following:
``(1) For each beneficiary that a fiduciary acts on behalf
of--
``(A) the amount of the benefits of the beneficiary
provided under any law administered by the Secretary accrued
during the year, the amount spent, and the amount remaining;
and
``(B) if the fiduciary serves the beneficiary with respect
to benefits not administered by the Secretary, an accounting
of all sources of benefits or other income the fiduciary
oversees for the beneficiary.
[[Page H6803]]
``(2) A list of events that occurred during the year
covered by the report that could affect the ability of the
fiduciary to act on behalf of the beneficiary, including--
``(A) the fiduciary being convicted of any crime;
``(B) the fiduciary declaring bankruptcy; and
``(C) any judgments entered against the fiduciary.
``(d) Random Audits.--The Secretary shall annually conduct
random audits of fiduciaries who receive a commission
pursuant to subsection 5502A(a)(1) of this title.
``(e) Status of Fiduciary.--If a fiduciary includes in the
annual report events described in subsection (c)(2), the
Secretary may take appropriate action to adjust the status of
the fiduciary as the Secretary determines appropriate,
including by revoking the fiduciary status of the fiduciary.
``(f) Caregivers and Certain Other Fiduciaries.--(1)(A) In
carrying out this section, the Secretary shall ensure that a
caregiver fiduciary is required only to file an annual report
or accounting under subsection (a) with respect to the amount
of the benefits of the beneficiary provided under any law
administered by the Secretary--
``(i) spent on--
``(I) food and housing for the beneficiary; and
``(II) clothing, health-related expenses, recreation, and
other personal items for the beneficiary; and
``(ii) saved for the beneficiary.
``(B) The Secretary shall coordinate with the Under
Secretary for Benefits and the Under Secretary for Health
to--
``(i) minimize the frequency with which employees of the
Department visit the home of a caregiver fiduciary and
beneficiary; and
``(ii) limit the extent of supervision by such Under
Secretaries with respect to such a fiduciary and beneficiary.
``(C) In this paragraph, the term `caregiver fiduciary'
means a fiduciary who--
``(i) in addition to acting as a fiduciary for a
beneficiary, is approved by the Secretary to be a provider of
personal care services for the beneficiary under paragraph
(3)(A)(i) of section 1720G(a) of this title;
``(ii) in carrying out such care services to such
beneficiary, has undergone not less than four home visits
under paragraph (9)(A) of such section; and
``(iii) has not been required by the Secretary to take
corrective action pursuant to paragraph (9)(C) of such
section.
``(2) In carrying out this section, the Secretary may
adjust the matters required under an annual report or
accounting under subsection (a) with respect to a fiduciary
whom the Secretary determines to have effectively protected
the interests of the beneficiary over a sustained period.'';
and
(C) by striking the section heading and inserting the
following: ``Annual reports and accountings of fiduciaries''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 55 of title 38, United States Code, is
amended by striking the item relating to section 5509 and
inserting the following new item:
``5509. Annual reports and accountings of fiduciaries.''.
(f) Repayment of Misused Benefits.--Section 6107(a)(2)(C)
of title 38, United States Code, is amended by inserting
before the period the following: ``, including by the
Secretary not acting in accordance with section 5507 of this
title''.
(g) Annual Reports.--Section 5510 of title 38, United
States Code, is amended by striking ``The Secretary shall
include in the Annual Benefits Report of the Veterans
Benefits Administration or the Secretary's Annual Performance
and Accountability Report'' and inserting ``Not later than
July 1 of each year, the Secretary shall submit to the
Committees on Veterans' Affairs of the House of
Representatives and the Senate a separate report
containing''.
(h) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs
shall submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a comprehensive report on the implementation
of the amendments made by this Act, including--
(1) detailed information on the establishment of new
policies and procedures pursuant to such amendments and
training provided on such policies and procedures; and
(2) a discussion of whether the Secretary should provide
fiduciaries with standardized financial software to simplify
reporting requirements.
SEC. 5. LIMITATION ON AWARDS AND BONUSES TO EMPLOYEES OF
DEPARTMENT OF VETERANS AFFAIRS.
For each of fiscal years 2014 through 2018, the Secretary
of Veterans Affairs may not pay more than $345,000,000 in
awards or bonuses under chapter 45 or 53 of title 5, United
States Code, or any other awards or bonuses authorized under
such title.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Florida (Mr. Miller) and the gentlewoman from Nevada (Ms. Titus) each
will control 20 minutes.
The Chair recognizes the gentleman from Florida.
General Leave
Mr. MILLER of Florida. Mr. Speaker, I ask unanimous consent that all
Members have 5 legislative days in which to revise and extend their
remarks and add any extraneous material they may have on H.R. 1405, as
amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
Mr. MILLER of Florida. Mr. Speaker, I yield myself such time as I may
consume.
I want to commend the gentlewoman from Nevada (Ms. Titus) for
identifying another step in cleaning up the claims process. Her bill
also includes provisions authored by the former sergeant major of the
Minnesota National Guard, Mr. Walz, to provide honorary veteran status
to members of the National Guard and Reserves.
H.R. 1405 would also improve access to veterans' claims information
by certain State and local government officials. And finally, the bill
would revise the process by which fiduciary agents are assigned and
limit the amount of bonuses that can be paid under chapters 45 and 53
of title V.
Again, I know that there are other Members who wish to speak in more
detail on the provisions of this bill, so at this time, I will reserve
the balance of my time.
Ms. TITUS. Mr. Speaker, I yield myself such time as I may consume.
I rise in support of H.R. 1405, as amended.
I introduced this legislation, H.R. 1405, to improve the veterans'
claims appeals process. Currently, a veteran must first exercise his or
her appeal rights before the appeal process formally begins and the VA
sends the required forms.
H.R. 1405, as amended, requires the VA to include an appeals form
with the notice of decision for every claim. This cuts out several
steps and speeds up the appeals process. This commonsense change will
immediately reduce the time frame of the appeals process by 60 days.
H.R. 1405 will also allow the VA to provide better customer service
to those veterans who are already struggling with significant delays
and bureaucratic challenges.
This legislation is, indeed, a commonsense improvement that will
result in veterans in southern Nevada receiving the benefits they have
earned in a timely fashion. I constantly hear from veterans in Las
Vegas that the process is too complicated and takes too long. This
change will eliminate an unnecessary bureaucratic step and speed up the
process for those veterans and all our veterans across the country.
H.R. 1405, as amended, is supported by the VA and the veterans
service organizations who came and testified.
This piece of legislation also includes language from three other
bills: H.R. 679, the Honor America's Guard-Reserve Retirees Act,
introduced by Representative Walz of Minnesota; Chairman Runyan's bill,
H.R. 733, the Access to Veterans Benefits Improvement Act; and Mr.
Johnson's bill, H.R. 894, to reform VA's fiduciary program.
I want to thank the chairman of our subcommittee, Mr. Runyan, for
moving this legislation through the subcommittee and for the bipartisan
cooperation that guides our work on behalf of Nevada's veterans.
{time} 1730
I also want to thank the many veteran service organizations for their
helpful input and for supporting this legislation.
I urge my colleagues to support passage of H.R. 1405, and I reserve
the balance of my time.
Mr. MILLER of Florida. Mr. Speaker, I yield 2 minutes to the
gentleman from New Jersey (Mr. Runyan), the subcommittee chairman for
Disability Assistance and Memorial Affairs.
Mr. RUNYAN. Thank you, Chairman Miller, for yielding.
Mr. Speaker, I am proud to have sponsored H.R. 733, the Access to
Veterans Benefits Improvement Act, with my good friend and colleague,
Mr. Tim Walz of Minnesota. This legislation is included as section 3 of
H.R. 1405 and would provide certain local and State government
employees access to case-tracking information through the Department of
Veterans Affairs.
There is no doubt that we have a responsibility to veterans to ensure
that every effort is made to simplify the claims process. Key to this
effort are the County Service Veterans Officers, whose expertise in
claims development
[[Page H6804]]
helps veterans in New Jersey and in communities all across America.
Veterans are often frustrated, as they ask for help from a county
service officer, that this person acting on their behalf cannot
directly access even the most basic information about the status of
their claim. However, while looking to remedy that complication and
broaden access to case-tracking information, consideration must also be
given to the protection of veterans' private information. That is the
balance that this bill strikes.
Mr. Speaker, I support section 3 of H.R. 1405, along with all the
other provisions contained within the bill, and I encourage all Members
to join me in support of the legislation.
Ms. TITUS. Mr. Speaker, I yield 2 minutes to the gentleman from
Minnesota (Mr. Walz), who brings incredible expertise and compassion to
the committee as a decorated veteran himself.
Mr. WALZ. Mr. Speaker, I would like to thank the chairman and the
ranking member of the full committee and the subcommittees for doing
exceptional work, for putting our veterans first, for bringing a
package of commonsense legislation to honor our Nation's veterans, and
doing it in the best and smartest manner we can. If the entire Congress
functioned like the VA Committee, I think the American public would be
far better served.
There is a provision in this bill that is very simple. It recognizes
the service and sacrifice of members of the National Guard and
Reserves. These are the men and women of our Reserve component. They
take the same oath of office. They do the same training. They and their
family sacrifice their time and energy and stand at the ready at all
times. They assist flood victims in Colorado and Minnesota, fight fires
across the Western United States, and stand ready to fight and defend
this Nation at a moment's notice. They truly are the minutemen.
I would guess that the vast majority of Americans and maybe even
Members of this body don't recognize that you can serve 20 years doing
that, and if you are not called to a specific title X service, you
cannot be considered a veteran. You can go to the VA hospital, you can
go use the GI Bill, you can be buried in a veterans' cemetery, but you
are technically a military retiree.
This may seem like a small thing, but it is not. The title of
``veteran'' means more than just a license plate you get from your
State. It is something your neighbors know about. These people don't
and should not have to explain that they are technically not a veteran.
This piece of legislation--and I thank, again, the people who made
this possible--simply corrects that. Very seldom do we get a chance to
do this. It doesn't add any cost, and it does the right thing. So it is
not an added benefit--which was earned, by the way. It simply corrects
this, puts it in line, and honors. If you serve 20 or more years in
uniform, you stand ready, you train people who went to war, we are
going to give you the dignity and the honor of calling you a veteran.
So I ask my colleagues to support this important package of
legislation. This one small piece is the right thing to do. It is many,
many years overdue. I ask for the support of H.R. 1405.
Mr. MILLER of Florida. Mr. Speaker, at this time I yield 2 minutes to
the gentleman from Ohio (Mr. Johnson), a former member of the VA
Committee and a 26-plus year veteran of the United States Air Force.
Mr. JOHNSON of Ohio. I thank the chairman for recognizing me.
Mr. Speaker, I rise in strong support today of H.R. 1405, which, in
addition to improving the disability claims appeals process for
veterans, contains language from H.R. 894, legislation I introduced to
provide necessary reforms to the Department of Veterans Affairs'
Fiduciary Program.
In response to an investigation by the Oversight and Investigations
Subcommittee, which I chaired in the last Congress, this legislation
includes significant changes that will strengthen the VA's standards
for administering the Fiduciary Program and increase protection for
vulnerable veterans.
Requiring background checks and lowering the fee a fiduciary can
charge would increase scrutiny over fiduciaries and help root out
potential predators. It also adds a layer of protection for veterans
with fiduciaries by allowing veterans to petition to have their
fiduciary removed and replaced. Importantly, it would also enable
veterans to appeal their incompetency status at any time. That is a
right not currently granted to veterans.
I would like to thank Chairman Runyan and Ranking Member Titus of the
Disability Assistance and Memorial Affairs Subcommittee for their
support of this legislation, and I urge my colleagues to support it.
Ms. TITUS. Mr. Speaker, I would urge my colleagues to join us in
support of H.R. 1405, as amended, and I yield back the balance of my
time.
Mr. MILLER of Florida. Mr. Speaker, H.R. 1405, as amended, is yet
another bipartisan bill that has been advanced out of our committee. I,
again, thank all the members for their collaborative work on this bill,
and I urge my colleagues to join us in passing H.R. 1405, as amended,
and I yield back the balance of my time.
Mr. GINGREY of Georgia. Mr. Speaker, I rise today in support of H.R.
1405. This straightforward legislation contains several provisions
relating to veterans benefits, and also includes a cut in bonuses at
the Department of Veterans Affairs.
Under current practice, the VA pays out about $400 million in bonuses
to its workers each year. Recently we have seen these bonuses too often
go to people whose work does not merit a reward, and to the contrary,
may even merit reprimand.
This practice has been evident at the Atlanta VA Medical Center,
where despite the fact that four unexpected deaths were attributed to
mismanagement and lack of oversight, tens of thousands of dollars in
bonuses were awarded to top level executives at the facility. It is
past time that we stop rewarding people for simply showing up to work--
bonuses should be the exception, not the norm. Furthermore, at a time
when so many of our soldiers are returning from war, and in light of
the deaths in Atlanta, I believe the VA should prioritize veterans'
health and well-being above all else.
H.R. 1405 takes a positive step in ensuring that more discretion is
used when providing bonus payments to employees at the VA. The
legislation caps financial awards at the VA to no more than $345
million for fiscal years 2014 to 2018. It is time we stop rewarding
lackluster work and focus instead on providing the best possible care
for our veterans.
Mr. Speaker, I urge my colleagues to join me in showing our gratitude
for our nation's veterans by supporting H.R. 1405.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Florida (Mr. Miller) that the House suspend the rules
and pass the bill, H.R. 1405, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
The title of the bill was amended so as to read: ``A bill 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.''.
A motion to reconsider was laid on the table.
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