[House Report 118-648]
[From the U.S. Government Publishing Office]


118th Congress }                                                {  Report
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                                { 118-648

======================================================================



 
                  PRIORITIZING VETERANS' SURVIVORS ACT

                                _______
                                

 September 6, 2024.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

   Mr. Bost, from the Committee on Veterans' Affairs, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 7100]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Veterans' Affairs, to whom was referred 
the bill (H.R. 7100) to amend title 38, United States Code, to 
clarify the organization of the Office of Survivors Assistance 
of the Department of Veterans Affairs, having considered the 
same, reports favorably thereon without amendment and 
recommends that the bill do pass.

                                CONTENTS

                                                                   Page
Amendment........................................................
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Hearings.........................................................     4
Subcommittee Consideration.......................................     5
Committee Consideration..........................................     5
Committee Votes..................................................     5
Committee Oversight Findings.....................................     5
Statement of General Performance Goals and Objectives............     5
Earmarks and Tax and Tariff Benefits.............................     5
Committee Cost Estimate..........................................     5
Budget Authority and Congressional Budget Office Estimate........     6
Federal Mandates Statement.......................................     6
Advisory Committee Statement.....................................     6
Applicability to Legislative Branch..............................     6
Statement on Duplication of Federal Programs.....................     6
Section-by-Section Analysis of the Legislation...................     7
Changes in Existing Law Made by the Bill, as Reported............     7

                          Purpose and Summary

    H.R. 7100, the ``Prioritizing Veterans' Survivors Act,'' 
was introduced by Rep. Juan Ciscomani of Arizona on January 29, 
2024. The bill would ensure that the Department of Veterans 
Affairs (VA) Office of Survivors Assistance (OSA) conducts its 
mission within the Office of the Secretary of VA so that the 
Department prioritizes the care, services, and benefits offered 
by all VA program offices for veterans' surviving spouses and 
families.

                  Background and Need for Legislation


Section 1: Short title

    This Act may be cited as the ``Prioritizing Veterans' 
Survivors Act.''

Section 2: Clarification of Organization of the Office of Survivors 
        Assistance of the Department of Veterans' Affairs

    The Department of Veterans Affairs (VA) Office of Survivors 
Assistance (OSA) was established by the Veterans' Benefits 
Improvement Act of 2008 (Pub. L. 110-389, Section 222) (VBIA) 
to, in part, ``serve as a resource regarding all benefits and 
services furnished by the Department . . . to survivors and 
dependents of deceased veterans . . . and deceased members of 
the Armed Forces.'' The VBIA also required that the OSA ``serve 
as a principal advisor to the Secretary of Veterans Affairs on 
all matters related to the policies, programs, legislative 
issues, and other initiatives affecting [those] survivors and 
dependents'' and that ``[t]he Secretary shall ensure that 
appropriate personnel, funding, and other resources are 
provided to the [OSA] to carry out its responsibilities.''
    In February 2021, the OSA was moved from the Office of the 
Secretary to the Veterans Benefits Administration (VBA)\1\ and 
currently operates within the VBA Pension & Fiduciary Service 
(P&F), which oversees VBA's provision of death pension and 
dependency and indemnity compensation (DIC) for survivors. 
However, other program offices within VA also offer benefits 
and services for survivors, including the Veterans Health 
Administration (VHA), the National Cemetery Administration 
(NCA), the VBA Insurance Service, and the VBA Education 
Service. Before a January 30, 2024, House Committee on 
Veterans' Affairs oversight hearing, VA employees informed the 
Committee that OSA had only three full-time employees and that 
OSA does not meet regularly with the Secretary or anyone inside 
their leadership team and instead reports to a GS-15 level 
employee within P&F.
---------------------------------------------------------------------------
    \1\Statement of Joshua Jacobs, Under Secretary for Benefits, 
Department of Veterans Affairs (Jan. 30, 2024), https://docs.house.gov/
meetings/VR/VR00/20240130/116765/HHRG-118-VR00-Wstate-JacobsJ-
20240130.pdf.
---------------------------------------------------------------------------
    Further, in her written testimony for the January 30, 2024, 
House Committee on Veterans' Affairs oversight hearing,\2\ Ms. 
Ashlynne Haycock-Lohmann, Deputy Director, Government and 
Legislative Affairs for the Tragedy Assistance Program for 
Survivors (TAPS), stated:
---------------------------------------------------------------------------
    \2\Statement of Ashlynne Haycock-Lohmann, Tragedy Assistance 
Program for Survivors (Jan. 30, 2024), https://docs.house.gov/meetings/
VR/VR00/20240130/116765/HHRG-118-VR00-Wstate-Haycock-LohmannA-
20240130.pdf.

          OSA should be the official entry point into VA for 
        survivors, with the bandwidth, expertise, and access 
        needed to answer any and all challenges that survivors 
        face regarding VA benefits and services. . . . 
        Increasing OSA staffing, elevating its status, and 
        establishing it as the official entry point into VA 
        would drastically improve accessibility and increase 
        survivors' trust in the VA and the care and benefits 
---------------------------------------------------------------------------
        they receive from them.

And in her written testimony for an April 10, 2024, 
Subcommittee on Disability Assistance and Memorial Affairs 
legislative hearing on the provisions of this section,\3\ Ms. 
Candace Wheeler, Director, Government and Legislative Affairs 
for TAPS, stated:
---------------------------------------------------------------------------
    \3\Statement of Candace Wheeler, Tragedy Assistance Program for 
Survivors (Apr. 10, 2024), https://docs.house.gov/meetings/VR/VR09/
20240410/117069/HHRG-118-VR09-Wstate-WheelerC-20240410.pdf.

          [The OSA] has been relocated several times over the 
        past 15 years--moved from within the Office of the 
        Secretary under the Chief of Staff to the Veteran 
        Experience Office; then to the Veterans Benefits 
        Administration, where it was placed in the Office of 
        Outreach, Transition and Economic Development; and then 
        recently moved under the Pension and Fiduciary Service 
        in June of 2023. These moves have made it very 
        difficult for survivors to understand its role, find 
        needed information on resources, and access all the 
        department's support with reliable consistency. . . .
          Prior to the death of their veteran, family members 
        are generally not known to the VA because they are not 
        receiving benefits or services. . . . [S]urviving 
        spouses are expected to find and use the same entry 
        points for information as veterans. Regrettably, 
        survivors tell us that calls to the general helpline 
        can result in inaccurate information, and some have 
        even been told that they are ineligible for benefits 
        during their initial call. . . . Although survivors 
        represent only 1 percent of those receiving VA 
        services, it is essential that all VA staff they may 
        come in contact with have the same willing spirit of 
        customer service that the department's motto expresses 
        so clearly. . . .
          In its current placement within Pension and Fiduciary 
        Services, the department is operating OSA as if the 
        only benefits survivors receive are related to 
        compensation. Currently, OSA staff only have access to 
        DIC and Pension records, therefore they are unable to 
        assist with many issues survivors face, to include 
        burial benefits, education benefits, CHAMPVA, Survivors 
        Group Life Insurance, home loans, or additional 
        programs and benefits survivors are eligible to receive 
        enterprise-wide, to include the new VHA Survivors 
        Assistance and Memorial Support (SAMS) program. OSA 
        appears not to have the authority and full range of 
        case management coordination processes in place to 
        ensure that they can help survivors access all of the 
        care and memorial services available in other 
        administrations within the VA. . . .

Ms. Wheeler further stated: ``TAPS strongly believes that OSA 
should be elevated to the Office of the Secretary or the Office 
of the Under Secretary for Benefits and granted the necessary 
authority and access to all programs and services survivors are 
eligible to receive.''
    To address this issue, this bill would require the OSA to 
operate within the Office of the Secretary, therefore elevating 
the OSA from its current place within VBA's P&F and ensuring 
that the OSA is in the position to serve as the Secretary's 
principal advisor on all benefits and services offered to 
survivors by all VA business lines.
    The Committee believes this section is critical to ensure 
that the OSA can satisfy the functions that Congress clearly 
intended it to under the VBIA. The Committee believes that by 
ensuring that the OSA reports directly to the Secretary, VA 
would give equal attention to the care, services, and benefits 
offered by all VA program offices for survivors, as VA does for 
veterans. The Committee will continue to conduce proper 
oversight over the office to ensure this attention is provided 
if this section is enacted.

                                Hearings

    On April 10, 2024, the Subcommittee on Disability 
Assistance and Memorial Affairs held a legislative hearing on 
H.R. 7100 and other bills that were pending before the 
subcommittee.
    The following witnesses testified:
          The Honorable Keith Self, U.S. House of 
        Representatives; The Honorable John S. Duarte, U.S. 
        House of Representatives; The Honorable Jahana Hayes, 
        U.S. House of Representatives; Colonel Tiffany M. 
        Wagner, Clerk of the Court, U.S. Court of Appeals for 
        Veterans Claims; Mr. Daniel T. Shedd, Legislative 
        Attorney, American Law Division, Congressional Research 
        Service; The Honorable Jaime Areizaga-Soto, Chairman, 
        Board of Veterans' Appeals, U.S. Department of Veterans 
        Affairs; Ms. Brianne Ogilvie, Assistant Deputy Under 
        Secretary, Office of Policy and Oversight, Veterans 
        Benefits Administration, U.S. Department of Veterans 
        Affairs; Ms. Jessica Pierce, Assistant Director, 
        Compensation Service Policy Staff, U.S. Department of 
        Veterans Affairs; Ms. Candace Wheeler, Director, 
        Government and Legislative Affairs, Tragedy Assistance 
        Program for Survivors; Mr. Christopher Macinkowicz, 
        Deputy Director, National Veterans Service, Veterans of 
        Foreign Wars of the United States; Mr. Andrew Tangen, 
        First Vice President, National Association of County 
        Veterans Service Officers; and Ms. Renee Burbank, 
        Director of Litigation, National Veterans Legal 
        Services Program.
    The following individuals and organizations submitted 
statements for the record:
          The Honorable Dean Phillips, U.S. House of 
        Representatives; The Honorable Marilyn Strickland, U.S. 
        House of Representatives; Paralyzed Veterans of 
        America; Disabled American Veterans; National 
        Organization of Veterans' Advocates, Inc.; 
        Administrative Conference of the United States; The 
        American Legion; and Mr. Michael J. Wishnie.

                       Subcommittee Consideration

    On April 16, 2024, the Subcommittee on Disability 
Assistance and Memorial Affairs held a markup on proposed 
legislation, including H.R. 7100. There were no amendments to 
this bill. A motion made by Ranking Member Pappas to favorably 
forward H.R. 7100 to the Full Committee was agreed to by voice 
vote.

                        Committee Consideration

    On May 1, 2024, the Full Committee met in open markup 
session, a quorum being present, and ordered H.R. 7100 be 
reported favorably to the House of Representatives by voice 
vote.
    A motion by Ranking Member Takano to report H.R. 7100 
favorably to the House of Representatives was agreed to by 
voice vote.

                            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 or in connection with ordering H.R. 7100 reported to 
the House.

                      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 
goals and objectives of H.R. 7100 are to ensure VA fulfills its 
mission of caring for the surviving families of veterans.

                  Earmarks and Tax and Tariff Benefits

    H.R. 7100 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 Congressional Budget 
Office cost estimate on this measure.

     Budget Authority and Congressional Budget Office Cost Estimate




    H.R. 7100 would reorganize the Office of Survivor 
Assistance in the Department of Veterans Affairs (VA) so that 
it would be part of the Office of the Secretary of Veterans 
Affairs. Under current law, the office is part of the Veterans 
Benefits Administration, a component of VA. The reorganization 
would not affect the responsibilities of the office. As a 
result, CBO estimates that enacting H.R. 7100 would not affect 
the federal budget.
    The CBO staff contact for this estimate is Logan Smith. The 
estimate was reviewed by Christina Hawley Anthony, Deputy 
Director of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

                       Federal Mandates Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandate Reform Act, P.L. 104-4) is inapplicable to H.R. 7100.

                      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. 
7100.

                  Applicability to Legislative Branch

    The Committee finds that H.R. 7100 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. 7100 would establish or reauthorize a program of the 
Federal Government known to be duplicative of another Federal 
program, a program that was included in any report from the 
Government Accountability Office 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.

             Section-by-Section Analysis of the Legislation


Section 1. Short title

    Section 1 would establish the short title of the bill as 
the ``Prioritizing Veterans' Survivors Act.''

Section 2. Clarification of Organization of the Office of Survivors 
        Assistance of the Department of Veterans' Affairs

    Section 2 would amend 38 U.S.C. Sec. 321(a) by replacing 
``in the Department'' with ``in the Office of the Secretary.''

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

TITLE 38, UNITED STATES CODE

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PART I--GENERAL PROVISIONS

           *       *       *       *       *       *       *


CHAPTER 3--DEPARTMENT OF VETERANS AFFAIRS

           *       *       *       *       *       *       *


Sec. 321. Office of Survivors Assistance

  (a) Establishment.--The Secretary shall establish [in the 
Department] in the Office of the Secretary an Office of 
Survivors Assistance (in this section referred to as the 
``Office'') to serve as a resource regarding all benefits and 
services furnished by the Department--
          (1) to survivors and dependents of deceased veterans; 
        and
          (2) to survivors and dependents of deceased members 
        of the Armed Forces.
  (b) Advisory Duties.--The Office shall serve as a primary 
advisor to the Secretary on all matters related to the 
policies, programs, legislative issues, and other initiatives 
affecting the survivors and dependents described in subsection 
(a).
  (c) Guidance From Stakeholders.--In establishing the Office, 
the Secretary shall seek guidance from interested stakeholders.
  (d) Resources.--The Secretary shall ensure that appropriate 
personnel, funding, and other resources are provided to the 
Office to carry out its responsibilities.
  (e) Inclusion of Information on Office in Annual Report on 
Department Activities.--The Secretary shall include in each 
annual Performance and Accountability report submitted by the 
Secretary to Congress a description of the activities of the 
Office during the fiscal year covered by such report.

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