Bill113th Congress

H.R. 1405

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.

Ask AI
Introduced
Mar 25, 2013
Origin Chamber
House
Policy Area
Armed Forces and National Security
Latest Action
Oct 29, 2013

Sponsor

Rep. Titus, Dina [D-NV-1]

Democrat·NV-1
Bioguide ID: T000468
First Name: Dina
Last Name: Titus
By Request: N
9
Cosponsors
2
Committees
19
Actions
0
Amendments
0
Related Bills
11
Subjects
3
Summaries
3
Titles
4
Text Versions

Bill Details

Update Date
Jan 11, 2023
Origin Chamber
House
Bill Type
HR
Bill Number
1,405
Congress
113
Introduced Date
Mar 25, 2013
Policy Area
Armed Forces and National Security
Is Law
No
Oct 29, 2013IntroReferral

Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs.

Source: Senate

Oct 28, 2013FloorH38800

The title of the measure was amended. Agreed to without objection.

Source: House floor actions

Oct 28, 2013FloorH37300

On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H6800-6803)

Source: House floor actions

Oct 28, 2013Floor8000

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)

Source: Library of Congress

Oct 28, 2013FloorH8D000

DEBATE - The House proceeded with forty minutes of debate on H.R. 1405.

Source: House floor actions

Oct 28, 2013FloorH30000

Considered under suspension of the rules. (consideration: CR H6800-6804)

Source: House floor actions

Oct 28, 2013FloorH30300

Mr. Miller (FL) moved to suspend the rules and pass the bill, as amended.

Source: House floor actions

Jun 25, 2013CalendarsH12410

Placed on the Union Calendar, Calendar No. 95.

Source: House floor actions

Jun 25, 2013CommitteeH12200

Reported (Amended) by the Committee on Veterans' Affairs. H. Rept. 113-130.

Source: House floor actions

Jun 25, 2013Committee5000

Reported (Amended) by the Committee on Veterans' Affairs. H. Rept. 113-130.

Source: Library of Congress

May 8, 2013Committee

Ordered to be Reported (Amended) by Voice Vote.

Source: House committee actions

May 8, 2013Committee

Committee Consideration and Mark-up Session Held.

Source: House committee actions

Apr 25, 2013Committee

Forwarded by Subcommittee to Full Committee in the Nature of a Substitute (Amended) by Voice Vote .

Source: House committee actions

Apr 25, 2013Committee

Subcommittee Consideration and Mark-up Session Held.

Source: House committee actions

Apr 16, 2013Committee

Subcommittee Hearings Held.

Source: House committee actions

Apr 16, 2013Committee

Referred to the Subcommittee on Disability Assistance and Memorial Affairs.

Source: House committee actions

Mar 25, 2013IntroReferralH11100

Referred to the House Committee on Veterans' Affairs.

Source: House floor actions

Mar 25, 2013IntroReferralIntro-H

Introduced in House

Source: Library of Congress

Mar 25, 2013IntroReferral1000

Introduced in House

Source: Library of Congress

Introduced in House· Mar 25, 20130

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.

Reported to House with amendment(s)· Jun 25, 201317

(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.

Passed House amended· Oct 28, 201336

(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.

Veterans' Affairs Committee

Senate· Standing

Veterans' Affairs Committee

House· Standing
Administrative remediesDepartment of Veterans AffairsDisability and paralysisFraud offenses and financial crimesGovernment information and archivesMental healthNational Guard and reservesVeterans' education, employment, rehabilitationVeterans' loans, housing, homeless programsVeterans' medical careVeterans' pensions and compensation

Referred in Senate

Oct 29, 2013

Engrossed in House

Oct 28, 2013

Reported in House

Jun 25, 2013

Introduced in House

Mar 25, 2013