[House Report 115-385]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-385
======================================================================
VETERANS CARE FINANCIAL PROTECTION ACT OF 2017
_______
November 6, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Roe of Tennessee, from the Committee on Veterans' Affairs,
submitted the following
R E P O R T
[To accompany H.R. 3122]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred
the bill (H.R. 3122) to protect individuals who are eligible
for increased pension under laws administered by the Secretary
of Veterans Affairs on the basis of need of regular aid and
attendance from dishonest, predatory, or otherwise unlawful
practices, and for other purposes, having considered the same,
report favorably thereon with amendments and recommend that the
bill as amended do pass.
CONTENTS
Page
Amendment........................................................ 2
Purpose and Summary.............................................. 2
Background and Need for Legislation.............................. 3
Hearings......................................................... 3
Subcommittee Consideration....................................... 4
Committee Consideration.......................................... 4
Committee Votes.................................................. 4
Committee Oversight Findings..................................... 4
Statement of General Performance Goals and Objectives............ 4
New Budget Authority, Entitlement Authority, and Tax Expenditures 4
Earmarks and Tax and Tariff Benefits............................. 5
Committee Cost Estimate.......................................... 5
Congressional Budget Office Cost Estimate........................ 5
Federal Mandates Statement....................................... 6
Advisory Committee Statement..................................... 6
Constitutional Authority Statement............................... 6
Applicability to Legislative Branch.............................. 6
Statement on Duplication of Federal Programs..................... 6
Disclosure of Directed Rulemaking................................ 6
Section-by-Section Analysis of the Legislation................... 6
Changes in Existing Law Made by the Bill as Reported............. 7
AMENDMENT
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Care Financial Protection Act
of 2017''.
SEC. 2. SECRETARY OF VETERANS AFFAIRS NOTICE OF DISHONEST, PREDATORY,
OR OTHERWISE UNLAWFUL PRACTICES TARGETING
INDIVIDUALS WHO ARE ELIGIBLE FOR INCREASED PENSION
ON BASIS OF NEED FOR REGULAR AID AND ATTENDANCE.
(a) Notice Required.--The Secretary of Veterans Affairs shall include
on the internet website of the Department of Veterans Affairs a warning
to veterans relating to dishonest, predatory, or otherwise unlawful
practices targeting individuals who are eligible for increased pension
under chapter 15 of title 38, United States Code, on the basis of need
for regular aid and attendance.
(b) GAO Study.--
(1) Study required.--Not later than 18 months after the date
of the enactment of this Act, the Comptroller General of the
United States shall complete a study on financial exploitation
of veterans. Such study shall include--
(A) an analysis of the types of standards used by
Federal and State agencies intended to protect
vulnerable populations from financial exploitation; and
(B) an analysis of the types of financial
exploitation facing veterans who are eligible for
increased pension under chapter 15 of title 38, United
States Code, on the basis of need for regular aid and
attendance and any gaps in efforts to address these
issues.
(2) Reports.--
(A) Preliminary report.--Not later than one year
after the date of the enactment of this Act, the
Comptroller General shall submit to Congress a
preliminary report on the study required under
paragraph (1).
(B) Final report.--Not later than 18 months after the
date of the enactment of this Act, the Comptroller
General shall submit to Congress a final report on such
study.
Amend the title so as to read:
A bill to direct the Secretary of Veterans Affairs to
include on the internet website of the Department of Veterans
Affairs a warning regarding dishonest, predatory, or otherwise
unlawful practices targeting individuals who are eligible for
increased pension on the basis of need for regular aid and
attendance, and for other purposes.
PURPOSE AND SUMMARY
H.R. 3122, as amended, the Veterans Care Financial
Protection Act of 2017, would help protect vulnerable veterans
who may be eligible for increased pension benefits on the basis
of need for regular aid and attendance. The legislation would
require that the Department of Veterans Affairs (VA) provide
additional warnings for veterans and their families about
dishonest individuals that prey on sick and elderly
beneficiaries. Additionally, the legislation would require the
Comptroller General of the Government Accountability Office
(GAO) to conduct a study and submit a report to Congress within
18 months of the date of enactment. Such report would evaluate
the scope of the problem of vulnerable veterans in need of aid
and attendance programs who have been targeted by dishonest
individuals. Additionally, the report would make
recommendations on how federal agencies could better protect
vulnerable veterans from fraud.
BACKGROUND AND NEED FOR LEGISLATION
Veterans who served during wartime, and their spouses, may
be eligible to receive pension benefits if they meet certain
income and other eligibility requirements. Such veterans and
survivors may also be eligible for additional financial
benefits, known as Aid and Attendance, if the applicant needs
assistance performing personal functions required in everyday
living, such as bathing, feeding, dressing, etc. . . . VA does
not charge veterans and their families to apply for Aid and
Attendance benefits. Moreover, veterans service organizations
offer free assistance to veterans and their families who wish
to apply for this benefit.
During the September 13, 2017 Subcommittee on Disability
Assistance and Memorial Affairs legislative hearing,
representatives from The American Legion, the Disabled Veterans
of America, the Paralyzed Veterans of America, and the Veterans
of Foreign Wars of the United States, testified that their
organizations receive complaints that some individuals attempt
to charge fees to veterans and their families for services to
help apply for Aid and Attendance benefits.
H.R. 3122, as amended, would require that VA post warnings
on its website about dishonest individuals who charge fees to
help beneficiaries apply for Pension with Aid and Attendance
benefits. The bill would also require GAO to submit a report to
Congress on the standards used by Federal and State agencies
intended to protect vulnerable populations from financial
exploitation, an analysis of the types of financial
exploitation facing veterans who are eligible for Aid and
Attendance benefits, and, the effectiveness of such standards.
HEARINGS
On September 13, 2017, the Committee on Veterans' Affairs,
Subcommittee on Disability Assistance and Memorial Affairs held
a legislative hearing on H.R. 3122.
The following witnesses testified:
The Honorable David Rouzer, U.S. House of
Representatives; the Honorable Steve Stivers, U.S.
House of Representatives; the Honorable Joyce Beatty,
U.S. House of Representatives; the Honorable Matt
Cartwright, U.S. House of Representatives; the
Honorable Jim Banks, U.S. House of Representatives; the
Honorable Chellie Pingree, U.S. House of
Representatives; Mr. Matthew T. Sullivan, Deputy Under
Secretary for Finance and Planning and Chief Financial
Officer, National Cemetery Administration, U.S.
Department of Veterans Affairs; accompanied by Ms.
Roberta Lowe, Director, Office of Internal Controls,
Acting Director, Debt Management Center, Office of
Management, U.S. Department of Veterans Affairs; and
Ms. Cheryl Rawls, Director, Pension & Fiduciary
Service, Veterans Benefits Administration, U.S.
Department of Veterans Affairs; Ms. Elizabeth H. Curda,
Director, Education, Workforce, and Income Security
Team, U.S. Government Accountability Office; Mr. Alex
Zhang, Assistant Director, National Veterans Affairs
and Rehabilitation Division, The American Legion; Mr.
LeRoy Acosta, Assistant National Legislative Director,
Disabled American Veterans; Mr. Blake Ortner, Deputy
Government Relations Director, Paralyzed Veterans of
America; Ms. Kathleen Moakler, Director, Survivor
Advocacy, Tragedy Assistance Program for Survivors;
and, Mr. John Towles, Deputy Director, National
Legislative Service, Veterans of Foreign Wars of the
United States.
SUBCOMMITTEE CONSIDERATION
H.R. 3122 was not considered before the Subcommittee on
Disability Assistance and Memorial Affairs.
COMMITTEE CONSIDERATION
On October 12, 2017, the Full Committee met in an open
markup session, a quorum being present, and ordered H.R. 3122,
as amended, favorably reported to the House of Representatives
by voice vote. During consideration of the bill, the following
amendment to H.R. 3122 was considered and agreed to by voice
vote:
An amendment in the nature of a substitute offered by
Ms. Esty of Connecticut that would remove the
requirement that GAO or VA develop and implement
federal and state standards to protect vulnerable
veterans from fraud. Instead, the amendment in the
nature of a substitute would require VA to provide
additional warnings for veterans and their families
about unscrupulous and dishonest individuals that would
prey on sick and elderly individuals. Additionally, the
amendment in the nature of a substitute would require
GAO to conduct a study and submit a report to Congress
within 18 months of the date of enactment. The report
would outline the scope of the problem and make
recommendations on how to better protect vulnerable
veterans from fraud.
COMMITTEE VOTES
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, no recorded votes were taken on
amendments. A motion by Ranking Member Timothy J. Walz of
Minnesota to report H.R. 3122, as amended, favorably to the
House of Representatives was agreed to by voice vote.
COMMITTEE OVERSIGHT FINDINGS
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goal and objective is to protect vulnerable veterans who may be
eligible for increased pension on the basis of need for regular
Aid and Attendance from unscrupulous individuals.
NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee adopts as its
own the estimate of new budget authority, entitlement
authority, or tax expenditures or revenues contained in the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
EARMARKS AND TAX AND TARIFF BENEFITS
H.R. 3122, as amended, does not contain any Congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI of the Rules of the House of
Representatives.
COMMITTEE COST ESTIMATE
The Committee adopts as its own the cost estimate on H.R.
3122, as amended, prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
for H.R. 3122, as amended, provided by the Congressional Budget
Office pursuant to section 402 of the Congressional Budget Act
of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, October 20, 2017.
Hon. Phil Roe, M.D.,
Chairman, Committee on Veterans' Affairs,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3122, the Veterans
Care Financial Protection Act of 2017.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matt Schmit.
Sincerely,
Keith Hall
Director.
Enclosure.
H.R. 3122--Veterans Care Financial Protection Act of 2017
H.R. 3122 would require the Department of Veterans Affairs
(VA) to post a notice on its Internet website that warns those
who receive benefits for regular aid and attendance of the risk
of financial exploitation. The bill also would require the
Government Accountability Office (GAO) to complete a report
that examines the standards used by federal and state agencies
to protect such veterans.
Based on an analysis of the number of people involved in
producing similar reports, CBO estimates that the GAO report
would cost about $1 million in 2018 and an insignificant amount
in 2019. That spending would be subject to the availability of
appropriated funds. The cost of posting a notice on VA's
website would be insignificant, CBO estimates.
Enacting the bill would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 3122 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
H.R. 3122 contains no intergovernmental or private sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Matt Schmit. The
estimate was approved by H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal
mandates regarding H.R. 3122, as amended, prepared by the
Director of the Congressional Budget Office pursuant to section
423 of the Unfunded Mandates Reform Act.
ADVISORY COMMITTEE STATEMENT
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act would be created by H.R.
3122, as amended.
CONSTITUTIONAL AUTHORITY STATEMENT
Pursuant to Article I, section 8 of the United States
Constitution, H.R. 3122, as amended, is authorized by Congress'
power to ``provide for the common Defense and general Welfare
of the United States.''
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that H.R. 3122, as amended, does not
relate to the terms and conditions of employment or access to
public services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
STATEMENT ON DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, the Committee finds that no provision
of H.R. 3122, as amended, establishes or reauthorizes a program
of the Federal Government known to be duplicative of another
Federal program, a program that was included in any report from
the GAO to Congress pursuant to section 21 of Public Law 111-
139, or a program related to a program identified in the most
recent Catalog of Federal Domestic Assistance.
DISCLOSURE OF DIRECTED RULEMAKING
Pursuant to section 3(i) of H. Res. 5, 115th Cong. (2017),
the Committee estimates that H.R. 3122, as amended, contains no
directed rule making that would require the Secretary to
prescribe regulations.
SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Sec. 1. Short title
Section 1 would establish the short title of the Act.
Sec. 2. Secretary of Veterans Affairs notice of dishonest, predatory,
or otherwise unlawful practices targeting individuals who are
eligible for increased pension on basis of need for regular aid
and attendance
Section 2(a) would require VA to publish a warning on the
website relating to dishonest, predatory, or otherwise unlawful
practices targeting individuals who are eligible for increased
pension on the basis of need for regular aid and attendance.
Section 2(b) would require GAO to, not later than 18 months
after the date of enactment of this Act, complete a study on
the financial exploitation of veterans, including an analysis
of the types of standards used by Federal and State agencies
intended to protect vulnerable populations from financial
exploitation; an analysis of the types of financial
exploitation facing veterans who are eligible for Aid and
Attendance benefits; and, any gaps in efforts to address these
issues. GAO would also submit a preliminary report on the study
not later than one year after the date of enactment of this
Act.
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
If enacted, this bill would make no changes in existing
law.