[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1071 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 1071
To authorize the Secretary of Veterans Affairs to carry out a pilot
program to provide pension claim enhancement assistance to individuals
submitting claims for pension from the Department of Veterans Affairs,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 12, 2021
Mr. Cruz introduced the following bill; which was read twice and
referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To authorize the Secretary of Veterans Affairs to carry out a pilot
program to provide pension claim enhancement assistance to individuals
submitting claims for 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 ``Veterans Application Assistance
Inefficiency Decrease Act of 2021'' or the ``VA AID Act of 2021''.
SEC. 2. PILOT PROGRAM TO PROVIDE CLAIM ENHANCEMENT ASSISTANCE TO
INDIVIDUALS SUBMITTING CLAIMS FOR DEPARTMENT OF VETERANS
AFFAIRS PENSION.
(a) Pilot Program Authorized.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Veterans Affairs
shall commence carrying out a pilot program to assess the feasibility
and advisability of providing claim enhancement assistance to
individuals applying for pension under subchapter II or III of chapter
15 of title 38, United States Code, in order to reduce the backlog of
the Department of Veterans Affairs for claims for pension under such
chapter and to expedite claims processing by--
(1) improving the efficiency of the claims submittal
process; and
(2) proactively engaging claimants with claim enhancement
services prior to submission of their claims.
(b) Claim Enhancement Assistance.--For purposes of this subsection,
claim enhancement assistance includes, with respect to submitting
claims described in subsection (a), the following:
(1) Consultive services to assess and advise claimants
based upon a review of each claimant's specific circumstances.
(2) Assistance in gathering all necessary supporting
documentation for the submission.
(3) The creation of a fully developed application ready to
be submitted to the Pension Management Centers of the
Department of Veterans Affairs with postal tracking.
(4) Such other assistance and services as the Secretary
considers appropriate for purposes of the pilot program.
(c) Contract.--The Secretary shall carry out the pilot program by
entering into a contract with one eligible entity to provide, as part
of the pilot program, claim enhancement assistance to individuals and
spouses applying for pension under subchapter II or III of chapter 15
of title 38, United State Code.
(d) Eligible Entities.--For purposes of this section, an eligible
entity is any entity that--
(1) is not part of the Department of Veterans Affairs;
(2) specializes in matters relating to one specific benefit
exclusively for five or more years that is provided under laws
administered by the Secretary, such as pension under chapter 15
of such title;
(3) does not engage in the promotion or sale of financial
products of any type, including annuities;
(4) is not affiliated with any entity that is engaged in
promotion or sale described in paragraph (3);
(5) does not manage the assets of veterans or the survivors
of veterans;
(6) is not a fiduciary (as defined in section 5506 of such
title) for any person submitting a claim for pension under
chapter 15 of such title or in receipt of pension under such
chapter;
(7) is not a fiduciary under section 5502 of such title;
(8) has at least one owner that is recognized by the
Secretary under section 5904 of such title as an agent or
attorney for the preparation, presentation, and prosecution of
claims under laws administered by the Secretary;
(9) does not provide health care for a claimant receiving
claim enhancement assistance from the entity as part of the
pilot program; and
(10) demonstrates to the Secretary that it has the ability
to provide claim enhancement assistance in sufficient volume by
having current systems, processes, and procedures in place that
are of sufficient scale.
(e) Duration.--The Secretary shall carry out the pilot program
during the three-year period beginning on the date of the commencement
of the pilot program.
(f) Review, Study, and Report by Comptroller General of the United
States.--Not later than 90 days after the date of the completion of the
pilot program, the Comptroller General of the United States shall--
(1) complete a review of the pilot program;
(2) complete a study on the feasibility and advisability of
permanently extending claim enhancement services to individuals
and spouses applying for pension under subchapter II or III of
chapter 15 of such title; and
(3) submit to Congress a report on the findings of the
Comptroller General with respect to the review conducted under
paragraph (1) and the study conducted under paragraph (2).
(g) Rule of Construction.--Nothing in this section shall be
construed--
(1) to limit the right of a veteran to apply for pension
under chapter 15 of title 38, United States Code; or
(2) to authorize the Secretary to limit such right.
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