[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2988 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 2988
To address the financial exploitation of veterans receiving pension
from the Department of Veterans Affairs, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 5, 2019
Mr. Tester (for himself, Ms. Collins, Mr. Casey, and Mr. Daines)
introduced the following bill; which was read twice and referred to the
Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To address the financial exploitation of veterans receiving pension
from the Department of Veterans Affairs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veteran Pension Protection Act of
2019''.
SEC. 2. PLAN TO ADDRESS THE FINANCIAL EXPLOITATION OF VETERANS
RECEIVING PENSION FROM THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) Development of Method for Solicitation and Collection of
Information.--Not later than one year after the date of the enactment
of this Act, the Secretary of Veterans Affairs shall develop a method
for systematically soliciting and collecting information on complaints
received, referrals made, and actions taken by the pension management
centers of the Department of Veterans Affairs and any other relevant
components of the Department, in cases of potential financial
exploitation of individuals receiving pension under chapter 15 of title
38, United States Code.
(b) Plan To Assess and Address Financial Exploitation of
Veterans.--
(1) In general.--The Secretary shall develop and
periodically update a plan--
(A) to regularly assess the information solicited
and collected under subsection (a) to identify trends
of potential financial exploitation of the individuals
described in subsection (a) across the Department; and
(B) to outline actions that the Department can take
to improve education and training to address those
trends.
(2) Submission of plan.--Not later than one year after the
date of the enactment of this Act, and not less frequently than
once every two years thereafter, the Secretary shall submit the
plan most recently developed or updated under paragraph (1)
to--
(A) the Comptroller General of the United States;
and
(B) the Committee on Veterans' Affairs and the
Special Committee on Aging of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives.
SEC. 3. OVERPAYMENTS OF PENSION TO VETERANS RECEIVING PENSION FROM THE
DEPARTMENT OF VETERANS AFFAIRS.
(a) Guidance and Training for Claims Processors.--As the Secretary
considers necessary, but not less frequently than once every three
years, the Under Secretary for Benefits of the Department of Veterans
Affairs shall update guidance and training curriculum for the
processors of claims for pension under chapter 15 of title 38, United
States Code, regarding the evaluation of questionable medical expenses
on applications for pension, including by updating such guidance with
respect to what constitutes a questionable medical expense and by
including examples of such expenses.
(b) Identification and Tracking.--The Under Secretary shall develop
a method for identifying and tracking the number of individuals who
have received overpayments of pension under chapter 15 of title 38,
United States Code.
(c) Annual Report.--Not later than one year after the date of the
enactment of this Act, and not later than October 31 of each fiscal
year beginning thereafter, the Under Secretary shall submit to Congress
a report that includes, for the period covered by the report--
(1) the number of individuals who received overpayments of
pension under chapter 15 of title 38, United States Code; and
(2) the reason for each overpayment.
SEC. 4. EVALUATION OF ADDITIONAL ACTIONS FOR VERIFYING DIRECT DEPOSIT
INFORMATION PROVIDED BY VETERANS ON APPLICATIONS FOR
VETERANS PENSION.
(a) In General.--The Under Secretary for Benefits of the Department
of Veterans Affairs shall--
(1) conduct an evaluation of the feasibility and
advisability of requiring the processors of claims for pension
under chapter 15 of title 38, United States Code, to take
additional actions to verify that the direct deposit
information provided by an individual on an application for
pension is for the appropriate recipient; and
(2) identify such legislative or administrative actions as
the Under Secretary considers appropriate to ensure that
payments of pension are provided to the correct recipients.
(b) Submission to Congress.--
(1) In general.--Not later than 240 days after the date of
the enactment of this Act, the Under Secretary shall submit to
Congress a report on the evaluation and identification under
subsection (a).
(2) Contents.--The report required by paragraph (1) shall
include the following:
(A) The findings of the Under Secretary with
respect to the evaluation conducted under subsection
(a)(1).
(B) The actions identified under subsection (a)(2).
(C) A plan for implementing any administrative
actions identified under subsection (a)(2).
(D) A rationale for not implementing any actions
evaluated under paragraph (1) of subsection (a) but not
identified under paragraph (2) of such subsection.
SEC. 5. ANNUAL REPORT ON EFFORTS OF DEPARTMENT OF VETERANS AFFAIRS TO
ADDRESS THE FINANCIAL EXPLOITATION OF VETERANS RECEIVING
PENSION.
(a) In General.--Not less frequently than once each year, 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 report on efforts to address the
financial exploitation of individuals receiving pension under chapter
15 of title 38, United States Code.
(b) Contents.--Each report required by subsection (a) shall
include, for the period covered by the report, the following:
(1) The number of individuals who received pension under
chapter 15 of title 38, United States Code, who have been
referred by any component of the Department of Veterans Affairs
to the Office of Inspector General of the Department as likely
or proven victims of financial exploitation.
(2) The number of referrals and reports relating to the
financial exploitation of such individuals made by the
Department of Veterans Affairs to--
(A) the Consumer Sentinel Network of the Federal
Trade Commission; and
(B) the Department of Justice.
(3) A description of the actions taken as a result of such
referrals and reports against--
(A) individuals recognized by the Secretary as
agents or attorneys under section 5904 of title 38,
United States Code; and
(B) individuals not so recognized.
SEC. 6. NOTICE REGARDING FEES CHARGED IN CONNECTION WITH FILING AN
APPLICATION FOR VETERANS PENSION.
The Under Secretary for Benefits of the Department of Veterans
Affairs shall ensure that every paper or electronic document relating
to the receipt of pension under chapter 15 of title 38, United States
Code, that is available to individuals who apply for such pension,
including educational forms about or applications for such pension,
includes a notice that the Department does not charge any fee in
connection with the filing of an application for such pension.
SEC. 7. OUTREACH PLAN FOR EDUCATING VULNERABLE VETERANS ABOUT POTENTIAL
FINANCIAL EXPLOITATION RELATING TO THE RECEIPT OF
PENSION.
(a) Development of Plan.--The Under Secretary for Benefits of the
Department of Veterans Affairs shall develop, in collaboration with
veterans service organizations, an outreach plan for educating
vulnerable individuals about potential financial exploitation relating
to the receipt of pension under chapter 15 of title 38, United States
Code.
(b) Submission to Congress.--Not later than 180 days after the date
of the enactment of this Act, the Under Secretary shall submit to the
Committee on Veterans' Affairs and the Special Committee on Aging of
the Senate and the Committee on Veterans' Affairs of the House of
Representatives the plan developed under subsection (a).
(c) Veterans Service Organization Defined.--In this section, the
term ``veterans service organization'' means an organization recognized
by the Secretary of Veterans Affairs for the representation of veterans
under section 5902 of title 38, United States Code.
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