[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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