Mark O'brien Va Clothing Allowance Improvement Act
Floor Speech
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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 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.
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Mr. TAKANO. 4772, as amended.
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.
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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.
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