H.R. 894: 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:
Feb 28, 2013
Status:
Referred to Committee
Prognosis
9% chance of being enacted
Track this bill
Sponsor
Bill Johnson
Representative for Ohio's 6th congressional district
Party
Republican
Text
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Last Updated
Feb 28, 2013
Length
22 pages
 
Status

This bill was assigned to a congressional committee on February 28, 2013, which will consider it before possibly sending it on to the House or Senate as a whole.

Progress
Introduced Feb 28, 2013
Referred to Committee Feb 28, 2013
Reported by Committee ...
Passed House ...
Passed Senate ...
Signed by the President ...
Prognosis

21% chance of getting past committee.
9% chance of being enacted.

Only 11% of bills made it past committee and only about 3% were enacted in 2011–2013. [show factors | methodology]

 
Summary

No summaries available.

Cosponsors
8 cosponsors (5D, 3R) (show)
Committees

House Veterans' Affairs

Disability Assistance and Memorial Affairs

The committee chair determines whether a bill will move past the committee stage.

 
Primary Source

THOMAS.gov (The Library of Congress)

GovTrack gets most information from THOMAS, which is updated generally one day after events occur. Activity since the last update may not be reflected here. Data comes via the congress project.

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Notes

H.R. stands for House of Representatives bill.

A bill must be passed by both the House and Senate in identical form and then be signed by the president to become law.

The bill’s title was written by its sponsor.

GovTrack’s Bill Summary

We don’t have a summary available yet.

Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.


2/28/2013--Introduced.
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.

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.


No summary available.

House Democratic Caucus Summary

The House Democratic Caucus does not provide summaries of bills.

So, yes, we display the House Republican Conference’s summaries when available even if we do not have a Democratic summary available. That’s because we feel it is better to give you as much information as possible, even if we cannot provide every viewpoint.

We’ll be looking for a source of summaries from the other side in the meanwhile.

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