[Congressional Record Volume 168, Number 147 (Tuesday, September 13, 2022)]
[House]
[Pages H7769-H7770]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       WOUNDED WARRIOR ACCESS ACT

  Mr. TAKANO. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 5916) to amend title 38, United States Code, to allow for 
the electronic request of certain records, and for other purposes, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 5916

       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 ``Wounded Warrior Access 
     Act''.

     SEC. 2. ELECTRONIC REQUEST OF CERTAIN RECORDS MAINTAINED BY 
                   THE SECRETARY OF VETERANS AFFAIRS.

       (a) Electronic Record Requests.--Section 5702 of title 38, 
     United States Code, is amended--
       (1) by redesignating subsection (b) as subsection (c); and
       (2) by inserting after subsection (a) the following:
       ``(b)(1) The Secretary shall establish and maintain a 
     secure website or online tool for a claimant or a duly 
     recognized agent or representative of that claimant to submit 
     an electronic request for such records.
       ``(2) The Secretary, upon receipt of a valid request made 
     through the website or online tool established under 
     paragraph (1), shall provide to the requestor--
       ``(A) not later than 10 days after receipt, confirmation of 
     such receipt; and
       ``(B) not later than 120 days after receipt, such records 
     requested in the form selected by the requestor.''.
       (b) Conforming Amendments.--Section 5702(a) of title 38, 
     United States Code, is amended--
       (1) in the matter preceding paragraph (1), by striking ``in 
     writing'' and inserting ``in writing, including an electronic 
     request submitted through the website or online tool 
     established under subsection (b),'';
       (2) in paragraph (1), by striking ``and'' at the end;
       (3) in paragraph (2), by striking the period at the end and 
     inserting ``; and''; and
       (4) by adding at the end the following:
       ``(3) the format in which such copy is desired, including 
     whether in printed form or by downloadable file.''.
       (c) Deadline; Establishment of Website or Online Tool.--Not 
     later than 180 days after the date of the enactment of this 
     Act, the Secretary of Veterans Affairs shall establish the 
     website or online tool required under section 5702(b)(1) of 
     title 38, United States Code, as added by this Act, and, to 
     the extent practicable, the Secretary shall utilize existing 
     online resources of the Department of Veterans Affairs for 
     the purposes of such establishment.

     SEC. 3. WARNINGS TO CLAIMANTS UNDER LAWS ADMINISTERED BY THE 
                   SECRETARY OF VETERANS AFFAIRS REGARDING 
                   UNRECOGNIZED REPRESENTATIVES.

       (a) In General.--Section 5901 of title 38, United States 
     Code, is amended--
       (1) by inserting ``(a) In General.--'' before ``Except'';
       (2) by adding at the end the following new subsection:
       ``(b) Warnings About Potential Predatory Practices.--(1) 
     The Secretary shall ensure that, each time a claimant under a 
     law administered by the Secretary logs in to a website or 
     online tool of the Department, such website or online tool 
     issues to the claimant, in plain language--
       ``(A) a warning about individuals who seek to act in 
     violation of this chapter;
       ``(B) a link to an online tool of the Department through 
     which the claimant may report such an individual;
       ``(C) a link to an online tool of the Department through 
     which the claimant may search for a recognized agent, 
     attorney, or other entity recognized by the Secretary for the 
     preparation, presentation, or prosecution of any claim under 
     laws administered by the Secretary; and
       ``(D) a link to a website or an online tool of the 
     Department providing final decisions on discipline of agents, 
     attorneys, and entities, described in subparagraph (C), by 
     the Secretary for violations of this chapter.
       ``(2) The Secretary shall provide all information under 
     paragraph (1) in the following languages:
       ``(A) English.
       ``(B) Spanish.
       ``(C) Tagalog.
       ``(D) The seven other languages most commonly spoken in the 
     United States.''.
       (b) Implementation.--The Secretary of Veterans Affairs 
     shall carry out subsection (b) of such section, as added by 
     subsection (a) of this section--
       (1) after consulting with stakeholders (including veterans 
     service organizations recognized under section 5902 of such 
     title) regarding the wording of the warning under such 
     subsection; and
       (2) not later than one year after the date of the enactment 
     of this Act.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
California (Mr. Takano) and the gentleman from Illinois (Mr. Bost) each 
will control 20 minutes.
  The Chair recognizes the gentleman from California.


                             General Leave

  Mr. TAKANO. Mr. Speaker, I ask unanimous consent that all Members

[[Page H7770]]

have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on H.R. 5916, as amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from California?
  There was no objection.
  Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 5916, as amended. 
Representative Aguilar's Wounded Warrior Access Act would require VA to 
establish and maintain a secure, internet-based website to enable a 
claimant or their representative to make records requests related to VA 
claims and benefits.
  Additionally, this bill would add a provision requiring VA to warn 
claimants about benefit scammers, provide a way to report potentially 
fraudulent activity, and provide a tool for claimants to search for 
accredited representation.
  Currently, to make records requests related to VA claims and 
benefits, veterans or designated representatives must submit a Freedom 
of Information Act, otherwise known as a FOIA, or a Privacy Act 
Request.
  Submitting this form followed by waiting for it to upload into the 
individual's electronic claims file, and then waiting action on the 
request can be very time-consuming and can negatively impact a 
claimant's ability to understand what records VA is evaluating and what 
information could better assist in a claim's positive adjudication.
  Establishing and maintaining a secure, internet-based website to 
enable a claimant or their representative to make requests related to 
VA claims and benefits would modernize this essential process and 
assist in more timely, positive claim outcomes.
  This bill would also add another tool in the toolbox for veterans 
when navigating the complexities of the claims process and will help 
veterans gain a little more autonomy over their claim.
  Mr. Speaker, it is my hope that my colleagues will join me in 
supporting this legislation, and I reserve the balance of my time.
  Mr. BOST. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 5916, as amended, the Wounded 
Warrior Access Act.
  H.R. 5916, as amended, would require VA to establish a secure, 
public-facing website that veterans can use to request a copy of their 
VA records. This would make VA more accessible to veterans by 
modernizing its systems. Specifically, the bill would make it easier 
for veterans to review their records before they file a claim or 
appeal.
  Over the years, I have heard of increasing concerns from veterans 
about organizations that attempt to swindle veterans out of their VA 
benefits. This is unacceptable, and it is about time that we do 
something about it.
  This proposal also would require VA to warn veterans about greedy 
claims practices when they log into the VA's website. I hope these 
warnings will prevent veterans from being taken advantage of by these 
bad actors.
  Mr. Speaker, I reserve the balance of my time.
  Mr. TAKANO. Mr. Speaker, I have no further speakers, I am prepared to 
close, and I reserve the balance of my time.
  Mr. BOST. Mr. Speaker, I encourage all my colleagues to support this 
bill, and I yield back the balance of my time.
  Mr. TAKANO. Mr. Speaker, I ask all my colleagues to join me in 
passing H.R. 5916, as amended, the Wounded Warrior Access Act, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from California (Mr. Takano) that the House suspend the rules 
and pass the bill, H.R. 5916, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. ROSENDALE. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

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