[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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