[Congressional Record Volume 172, Number 23 (Monday, February 2, 2026)]
[House]
[Pages H1930-H1932]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ERNEST PELTZ ACCRUED VETERANS BENEFITS ACT
Mr. BOST. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 3123) to amend title 38, United States Code, to make certain
improvements to laws relating to the payment of certain benefits
administered by the Secretary of Veterans Affairs that are affected by
death, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3123
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 ``Ernest Peltz Accrued
Veterans Benefits Act''.
SEC. 2. PAYMENT BY SECRETARY OF VETERANS AFFAIRS OF PENSION
AFTER DEATH OF A VETERAN IN CERTAIN
CIRCUMSTANCES.
(a) In General.--Chapter 51 of title 38, United States
Code, is amended by inserting, after section 5121A, the
following new section:
[[Page H1931]]
``Sec. 5121B. Payment of pension after death of a veteran in
certain circumstances
``(a) In General.--Subject to subsection (b), if the
Secretary issues a decision awarding entitlement to a pension
to a veteran before the death of such veteran, and the
Secretary issues payment of such pension after the veteran
dies, such pension that was due and unpaid at the time of the
veteran's death shall be paid to the first living person or
entity listed below:
``(1) The veteran's spouse.
``(2) The veteran's children (in equal shares).
``(3) The veteran's dependent parents (in equal shares).
``(4) The estate of the deceased veteran unless the estate
will escheat.
``(b) Limitation.--In a case described in subsection (a),
if no application is filed under section 5121 of this title
during the one-year period following the death of the
veteran, the pension described in such subsection shall be
paid to the estate of the deceased veteran unless the estate
will escheat.''.
(b) Technical and Conforming Amendments.--
(1) Conforming amendment.--Section 5121(a) of such title is
amended, in the matter preceding paragraph (1), by inserting
``section 5121B of this title, or'' before ``sections 3329
and 3330''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting, after the
item relating to section 5121A, the following new item:
``5121B. Payment of pension after death of a veteran in certain
circumstances.''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to the death of a veteran that
occurs on or after the date of the enactment of this Act.
SEC. 3. EXTENSION OF CERTAIN LIMITS ON PAYMENTS OF PENSION.
Section 5503(d)(7) of title 38, United States Code, is
amended by striking ``January 31, 2033'' and inserting
``February 28, 2033''.
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. Madam Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks on
H.R. 3123, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Illinois?
There was no objection.
Mr. BOST. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise today in support of H.R. 3123, as amended,
offered by my colleague Representative Elise Stefanik of New York.
This bill would require VA to pay out a due and unpaid pension to a
veteran's next of kin in cases where the VA issues a decision granting
a claim for a pension to a veteran, but the veteran passed away before
VA had issued the first payment.
In the rare circumstances where an elderly veteran dies in the period
between their VA pension being approved and receipt of their first
payment, a surviving family should be able to rely on those funds as a
source of support to honor their veteran's legacy.
Veterans eligible for the VA pension must be at least 65 years old
and meet the annual net worth limit.
A great portion of eligible veterans served in the Korean war,
Vietnam war, and Gulf war. This legislation would close the loophole
and prevent VA bureaucracy from being forced to take back benefits
delivered to the veteran who earned it through their service.
Families grieving a veteran's passing should not have to worry that
VA will go after them to recover a pension payment.
This legislation would prevent those situations while recognizing our
commitment to honor those who have served this country.
Madam Speaker, I urge all of my colleagues to support H.R. 3123, as
amended, and I reserve the balance of my time.
Mr. TAKANO. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise to express my support for H.R. 3123, the Ernest
Peltz Accrued Veterans Benefits Act, as amended.
It is no secret that our offices get a lot of calls about casework on
veterans' benefits. Sometimes these calls are a simple matter of
getting people the right point of contact in the right office.
Sometimes it is an ask to wake a sleepy bureaucracy to move faster on
behalf of a constituent. Sometimes these calls highlight a loophole or
a blind spot in the law that has been discovered because deserving
beneficiaries have been wronged or overlooked.
It is imperative in those instances that we as Members of Congress
work to fix those problems on behalf of those who elected us to this
body.
That is the case with the Peltz family. Upon the death of Mr. Ernest
Peltz, VA failed to pay the benefits he earned when his death occurred
shortly after the benefits were awarded. This resulted in his family
having to navigate grief, the cost of his care, and additional
challenges posed by the bureaucracy simply because of the timing of his
passing.
We have already asked so much of our veterans and their families. It
is entirely unconscionable that while in the fog of grief, we ask them
to navigate paperwork and uncertainty regarding benefits that were
rightly earned just because the day their loved one died doesn't align
well with VA's direct deposit schedule.
The Ernest Peltz Accrued Veterans Benefits Act will relieve families
of that unnecessary burden during a complicated time. This bill states
that if a veteran dies before they are awarded their pension benefit
and they pass away before the benefit has been paid out, that the
pension benefit is awarded to the veteran's living spouse, living
children, dependent parents, or the estate of that veteran.
H.R. 3123 closes an opening that families have unfortunately been
slipping through.
We know of one family that this has affected, but we don't know how
many other families have been touched by a bureaucratic system that
felt cold and uncaring.
I thank Representative Stefanik for her work in addressing this
oversight. Much of the work we do on the Committee on Veterans' Affairs
is centered on the promises that we make to veterans and their loved
ones. This bill is just that, honoring not only a promise to our
veterans, but also their families.
This pension benefit is not, nor was it ever, a handout. It was an
earned benefit that Mr. Peltz secured through his service in World War
II. I will continue to fight until every beneficiary gets the benefits
that they earned, no matter how long that takes. We must continue to
expand veterans' benefits for all those who have worn the uniform of
this Nation.
Madam Speaker, I support this legislation and urge all my colleagues
to do the same. I reserve the balance of my time.
Mr. BOST. Madam Speaker, at this time I yield such time as she may
consume to the gentlewoman from New York (Ms. Stefanik), the sponsor of
this bill.
Ms. STEFANIK. Madam Speaker, I thank Chairman Bost for yielding me
the time.
Madam Speaker, I rise today in support of my legislation, the Ernest
Peltz Accrued Veterans Benefits Act, H.R. 3123. I also thank Ranking
Member Takano for his comments and support.
I have represented the Peltz family for well over a decade, and that
included Ernest Peltz, a World War II veteran and American hero, who
died a few years ago between Christmas and New Year's Day.
At that time, I heard from his son, Charles Peltz, who found himself
caught in a maze of bureaucratic VA red tape. Instead of being able to
focus on honoring the life and service of his father, the Peltz family
was forced to contend with a system that failed the very veteran it was
designed to serve.
Hero Ernest Peltz did everything right. He served admirably and
honorably in our military. He continued a lifetime of public service.
He applied for his accrued veterans pension benefit, and the Department
of Veterans Affairs approved it while he was still alive.
I even got a call from his family as Ernest Peltz was on his death
bed, that he was asking to make sure the VA benefits would be there. I
encouraged them and said that absolutely we would do everything to make
that possible. Yet, due to a processing error, the VA did not deposit
the funds until after Mr. Peltz' passing. In an even more troubling
turn, the VA then clawed those funds back from the Peltz family even
though Ernest Peltz was alive at the time that this benefit was
approved and fully earned.
[[Page H1932]]
As a result, the Peltz family was left to shoulder the financial
burden of his father's care on their own, compounding grief with
stress, uncertainty, and frustration. In short, the Peltz family was
penalized for the VA's mistakes. This is unacceptable.
This is why I have been working for over 2 years to pass the Ernest
Peltz Accrued Veterans Benefits Act. We have worked closely with the
Peltz family, veterans service organizations, the Department of
Veterans Affairs, and my colleagues on both sides of the aisle,
including the lead Democrat sponsor, Congressman Ro Khanna, to craft
this legislation to correct this moral wrong.
This bill eliminates the burden on a veteran's surviving family by
ensuring that the veteran is entitled to receive their pre-approved
pension benefits within the month that death occurs.
{time} 1710
I represent New York's 21st Congressional District, representing the
largest number of veterans in any district in New York State. That is
why I am proud to take action to make sure no family mourning the loss
of a loved one who is a veteran has to deal with VA red tape and these
bureaucratic mistakes.
This commonsense, bipartisan legislation honors the legacy of World
War II Veteran Ernest Peltz and takes a critical step toward improving
the VA's effectiveness and accountability.
What was amazing about this process, while mourning the loss of their
father, Charles Peltz shared with me his priority was making sure that
this never happened to another family again. That is why we are working
to pass this bill today.
I thank Charles Peltz for his work with my office and with me
directly. I am grateful for the bipartisan support, and I urge a
``yes'' to pass it on the floor.
Mr. TAKANO. Madam Speaker, I yield myself the balance of my time for
closing.
I encourage my fellow colleagues to vote ``yes'' on H.R. 3123, the
Ernest Peltz Accrued Veterans Benefits Act, as amended, and I yield
back the balance of my time.
Mr. BOST. Madam Speaker, once again, I encourage all Members to
support this legislation, and 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. 3123, 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. Madam 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.
____________________