[Congressional Record Volume 168, Number 183 (Tuesday, November 29, 2022)]
[House]
[Pages H8604-H8605]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1430
           MARK O'BRIEN VA CLOTHING ALLOWANCE IMPROVEMENT ACT

  Mr. TAKANO. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4772) to amend title 38, United States Code, to improve the 
application and review process of the Department of Veterans Affairs 
for clothing allowance claims submitted by veterans, and for other 
purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4772

       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 ``Mark O'Brien VA Clothing 
     Allowance Improvement Act''.

     SEC. 2. IMPROVEMENTS TO PROCESS OF THE DEPARTMENT OF VETERANS 
                   AFFAIRS FOR CLOTHING ALLOWANCE CLAIMS.

       (a) Process for Clothing Allowance Claims.--Section 1162 of 
     title 38, United States Code, is amended--
       (1) by striking ``The Secretary under'' and inserting:
       ``(a) Eligibility Requirements.--The Secretary, under'';
       (2) in paragraph (2)--
       (A) by striking ``which (A) a physician'' and inserting: 
     ``which--''
       ``(A) a physician''; and
       (B) by striking ``, and (B) the Secretary'' and inserting 
     ``; and''
       ``(B) the Secretary''; and
       (3) by adding at the end the following new subsections:
       ``(b) Continuous Nature of Payments.--Payments made to a 
     veteran under subsection (a) shall continue on an 
     automatically recurring annual basis until the earlier of the 
     following:
       ``(1) The date on which the veteran elects to no longer 
     receive such payments.
       ``(2) The date on which the Secretary determines the 
     veteran no longer eligible pursuant to subsection (d).
       ``(c) Reviews of Claim.--(1) Except as provided in 
     paragraph (2)(B), the Secretary shall conduct reviews of the 
     claim on which the clothing allowance is based to determine 
     the continued eligibility of the veteran as follows:
       ``(A) Beginning not earlier than five years after the date 
     on which a veteran initially receives a clothing allowance 
     under this section and on a periodic basis thereafter.
       ``(B) Whenever the Secretary receives notice that the 
     veteran no longer meets the requirements specified in 
     subsection (a).
       ``(2)(A) The Secretary shall prescribe in regulations 
     standards for determining whether a claim for clothing 
     allowance is based on a circumstance that is not subject to 
     change.
       ``(B) If the Secretary determines, pursuant to such 
     standards, that a claim for clothing allowance is based on a 
     circumstance that is not subject to change, paragraph (1)(A) 
     shall not apply with respect to the claim.
       ``(d) Determination Regarding Continued Eligibility.--If 
     the Secretary determines, as the result of a review of a 
     claim conducted under subsection (c)(1), that the veteran who 
     submitted such claim no longer meets the requirements 
     specified in subsection (a), the Secretary shall--
       ``(1) provide to the veteran notice of such determination 
     that includes a description of applicable actions that may be 
     taken following the determination, including the actions 
     specified in section 5104C of this title; and
       ``(2) discontinue the clothing allowance based on such 
     claim.''.
       (b) Applicability.--The amendments made by subsection (a) 
     shall apply with respect to--
       (1) claims for clothing allowance submitted on or after the 
     date of the enactment of this Act; and
       (2) claims for clothing allowance submitted prior to the 
     date of the enactment of this Act, if the veteran who 
     submitted such claim is in receipt of the clothing allowance 
     as of the date of the enactment of this Act.

     SEC. 3. ADJUSTMENTS OF CERTAIN LOAN FEES.

       The loan fee table in section 3729(b)(2) of title 38, 
     United States Code, is amended by striking ``January 14, 
     2031'' each place it appears and inserting ``January 15, 
     2031''.

     SEC. 4. DETERMINATION OF BUDGETARY EFFECTS.

       The budgetary effects of this Act, for the purpose of 
     complying with the Statutory

[[Page H8605]]

     Pay-As-You-Go Act of 2010, shall be determined by reference 
     to the latest statement titled ``Budgetary Effects of PAYGO 
     Legislation'' for this Act, submitted for printing in the 
     Congressional Record by the Chairman of the House Budget 
     Committee, provided that such statement has been submitted 
     prior to the vote on passage.

  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 may 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on H.R. 4772, 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. 4772, as amended, the Mark 
O'Brien VA Clothing Allowance Improvement Act.
  As it stands today, under 38 U.S.C. 1162, the Secretary may pay an 
annual clothing allowance payment to a veteran with a service-connected 
disability that requires the use of a prosthetic or orthopedic 
appliance, including a wheelchair, which the Secretary determines tends 
to wear out or tear the clothing of the veteran, or medication which, 
A, a physician has prescribed for a skin condition, or, B, the 
Secretary determines causes irreparable damage to the veteran's outer 
garments.
  Veterans who are entitled to a VA clothing allowance must reapply 
each year to receive the annual payment. This places the onus on 
veterans with what are, in most instances, permanent conditions to 
remember to reapply each year to receive the benefit they have already 
shown they are entitled to. Veterans must also remember to apply before 
August 1 or risk denial due to untimely application.
  Mr. Levin's bill would change all of that. It would amend 38 U.S.C. 
1162 to allow for the VA clothing allowance to be an automatic annual 
payment, subject to periodic review by VA to determine continued 
entitlement.
  It would no longer force veterans to reapply each year and, instead, 
requires VA to complete periodic reviews to determine continued 
entitlement on its own initiation. This would require notice to the 
veteran if entitlement were no longer shown.
  Approximately 40,000 veterans were approved for the clothing 
allowance benefit in fiscal year 2020 alone. This bill would ensure 
these veterans no longer have to reapply every year to maintain their 
benefits.
  Mr. Speaker, I wholeheartedly support this bill. I urge all of my 
colleagues to join me in supporting Mr. Levin's beneficial and 
commonsense 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 today in support of H.R. 4772, as amended, the 
Mark O'Brien VA Clothing Allowance Improvement Act.
  The clothing allowance program was created to give veterans the 
financial means to replace clothes that have been damaged due to their 
service-connected disability. For example, a veteran who has a 
prosthetic or uses a wheelchair may wear out their clothes quickly and 
need to replace them often.
  Yet, under current law, veterans who qualify for the clothing 
allowance must go through a tedious process of reapplying every year to 
receive their benefit, even if their condition is unlikely to change.
  H.R. 4772, as amended, would streamline the process for veterans 
receiving a clothing allowance by making the renewal process automatic.
  To ensure proper oversight of this program, VA would be required to 
reevaluate the veteran 5 years after they have received the benefit to 
determine eligibility for the clothing allowance. If a veteran has a 
more permanent condition, such as an amputation, VA would have the 
authority to exempt the veteran from regular reevaluations.
  I support these commonsense changes, which would simplify the 
clothing allowance program and reduce the paperwork burden on our 
veterans, and I am glad to see the cost of the bill is also fully 
offset. I thank Congressman Levin and Congressman Moore for their 
leadership on this issue.
  Mr. Speaker, I urge all Members to support H.R. 4772, as amended, and 
I yield back the balance of my time.
  Mr. TAKANO. Mr. Speaker, I ask all of my colleagues to join me in 
passing H.R. 4772, as amended, and I yield back the balance of my time.
  Ms. JACKSON LEE. Mr. Speaker, I rise in support of H.R. 4772, the 
Mark O'Brien VA Clothing Allowance Improvement Act.
  This legislation would amend the VA's existing clothing allowance 
program by enabling automatic payments to continue being made to 
eligible veterans on a recurring basis until the veteran opts out of 
the program or is no longer eligible.
  The bill will make it easier for veterans--especially veterans living 
with lifelong disabilities--to receive their earned clothing benefits 
which enables them to live with the dignity and comfort that they 
earned and so rightfully deserve.
  Millions of veterans will live the rest of their lives with 
disabilities due to service-incurred injuries and physical impairments 
that resulted after they made the decision to protect our nation and 
safeguard our freedom.
  Our courageous servicemembers have pledged that, on the battlefield, 
they will leave no soldier behind. In carrying out this sacred 
obligation, many have suffered life-altering injuries, including loss 
of limbs.
  These injuries often result in loss of mobility or the need for a 
prosthetic which require specialized clothing and cause accelerated 
deterioration of standard garments.
  In full appreciation of their devotion and the consequences they 
suffered from it, as a nation, let it be our pledge that when they 
return home, we leave no veteran behind.
  H.R. 4772, the Mark O'Brien VA Clothing Allowance Improvement Act 
will alleviate these veterans' burden of needing to reapply for 
clothing benefits every year for our 1.9 million veterans with a 
service-connected disability.
  I urge all of my colleagues to vote in favor of H.R. 4772, the Mark 
O'Brien VA Clothing Allowance Improvement Act.
  Veterans have kept their promise to serve our nation; they have 
willingly risked their lives to protect the country we all love. We 
must now ensure that we keep our promises to our veterans.
  Let us resolve together that we will provide returning veterans with 
the welcome, services, care, and compassion that they deserve.
  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. 4772, 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. GOOD of Virginia. 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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