[Congressional Record Volume 169, Number 43 (Tuesday, March 7, 2023)]
[House]
[Pages H1127-H1128]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
WOUNDED WARRIOR ACCESS ACT
Mr. BOST. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 1226) 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. 1226
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 one year 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.
[[Page H1128]]
SEC. 4. NO ADDITIONAL FUNDS AUTHORIZED.
No additional funds are authorized to be appropriated to
carry out the requirements of this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Illinois (Mr. Bost) and the gentleman from California (Mr. Takano) each
will control 20 minutes.
The Chair recognizes the gentleman from Illinois.
General Leave
Mr. BOST. Mr. Speaker, I ask unanimous consent that all Members have
5 legislative days in which to revise and extend their remarks on H.R.
1226, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Illinois?
There was no objection.
{time} 1730
Mr. BOST. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of H.R. 1226, as amended.
This bill will require VA to establish a secure online tool which
veterans can use to request a copy of their VA claims file or C-file.
Veterans may want to see their records to ensure the VA received all
the evidence they submitted. They may also use this information to
decide whether to appeal VA's decision.
Currently, veterans must travel to the regional office to view their
records, which is inconvenient, or they can request a copy by mail,
which can take weeks or even months.
I support this bill because it would make it easier for veterans to
get their VA records in a timely manner.
Furthermore, I have heard increasing concerns from veterans about bad
actors attempting to con them out of their benefits. This is
unacceptable.
H.R. 1226, as amended, would require VA to educate veterans about
predatory actors when they log into the VA website. These warnings will
prevent veterans from being taken advantage of.
I appreciate Representative Aguilar's leadership on this issue. I
urge all of my colleagues to join me in support of this bill today.
Mr. Speaker, I reserve the balance of my time.
Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 1226, as amended, the Wounded
Warrior Access Act introduced by my good friend, neighbor, and chair of
the House Democratic Caucus, Representative Pete Aguilar.
This bill would require VA to establish and maintain a secure
internet-based portal to establish a claimant or their representative
to make records requests related to VA claims and benefits.
Additionally, this bill contains 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 Privacy Act request.
Submitting this form, followed by waiting for it to upload into an
individual's electronic claims file, and then awaiting action on the
request can be 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 portal to
enable a claimant or their representative to make records 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.
It is my hope that my colleagues will join me in supporting this
legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. BOST. Mr. Speaker, I have no further speakers, and I reserve the
balance of my time.
Mr. TAKANO. Mr. Speaker, I yield 3 minutes to the gentleman from
California (Mr. Aguilar), my good friend who serves on the House
Appropriations Committee.
Mr. AGUILAR. Mr. Speaker, I thank the ranking member for his
leadership, and I thank the chairman for his important work in this
Congress and in this committee.
Mr. Speaker, I rise in support of H.R. 1226, the Wounded Warrior
Access Act, for the same reasons my colleagues had mentioned.
When a veteran files their claim for benefits, they are given the C-
file. For a veteran to view this C-file, they must either make an
appointment at their local VA office, travel there to view it in
person, submit a form through the mail or fax with no confirmation that
it was ever received, or submit a Freedom of Information Act request
for their file.
Throughout my time in Congress--I know I am not the only Member who
has heard from a number of veterans who have had trouble accessing
their C-files from the VA.
Just to put this in context, Mr. Speaker, our veterans need these
files to access the benefits that they have earned or appeal the VA's
decisions about their claim. That is why, Mr. Speaker, this is so
important.
Veterans in the Inland Empire and across this country need an easy
way to access this information without jumping through bureaucratic
hoops.
This bipartisan bill is a commonsense solution that cuts this red
tape and will help American veterans.
I again thank Chairman Bost, Ranking Member Takano, and members of
the House Veterans' Affairs Committee for their leadership in bringing
this bill to the floor.
Mr. Speaker, I urge my colleagues to join me in supporting H.R. 1226.
Mr. TAKANO. Mr. Speaker, I again ask all my colleagues to join me in
passing H.R. 1226, as amended, the Wounded Warrior Access Act, and I
yield back the balance of my time.
Mr. BOST. Mr. Speaker, I also encourage my colleagues to support this
bill.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Illinois (Mr. Bost) that the House suspend the rules and
pass the bill, H.R. 1226, 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. BOST. 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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