Mark O'Brien VA Clothing Allowance Improvement Act
This bill modifies the Department of Veterans Affairs (VA) clothing allowance policy for veterans who, due to a service-connected disability, wear a prosthetic, use an orthopedic appliance (e.g., a wheelchair), or use a prescription skin medication that the VA determines causes irreparable damage to clothing.
The bill requires the VA to continue the clothing allowance for such a veteran on an annual basis until the veteran elects to no longer receive the allowance, or the VA determines the veteran is no longer eligible for the allowance, whichever occurs first.
The bill sets forth a procedure by which the VA must conduct reviews of clothing allowance claims to determine the continued eligibility of veterans. Specifically, the VA must conduct a review (1) five years after the date on which a veteran initially receives a clothing allowance and periodically thereafter, and (2) whenever the VA receives notice that the veteran no longer meets eligibility requirements. If a veteran is eligible for a clothing allowance based on a circumstance that is not subject to change, the VA does not need to review whether the veteran has continued eligibility.
If the VA determines, as the result of a review of a claim, that a veteran no longer meets the eligibility requirements for a clothing allowance, the VA must provide notice of the determination and discontinue the clothing allowance. The notice must include a description of applicable actions that may be taken following the determination (e.g., filing a notice of disagreement).
The bill also extends certain loan fee rates through January 15, 2031, under the VA's home loan program.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4772 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 28, 2021
Mr. Levin of California (for himself and Mr. Moore of Alabama)
introduced the following bill; which was referred to the Committee on
Veterans' Affairs
_______________________________________________________________________
A BILL
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.
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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Veterans' Affairs.
Referred to the Subcommittee on Disability Assistance and Memorial Affairs.
Subcommittee Hearings Held.
Subcommittee on Disability Assistance and Memorial Affairs Discharged.
Committee Consideration and Mark-up Session Held.
Ordered to be Reported by Voice Vote.
Mr. Takano moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H8604-8605; text: CR H8604-8605)
DEBATE - The House proceeded with forty minutes of debate on H.R. 4772.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
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Pursuant to the provisions of H. Res. 1499, proceedings on H.R. 4772 are considered vacated.
Passed/agreed to in House: Pursuant to section 5 of H. Res. 1499, and the motion offered by Mr. Hoyer, the following bills passed under suspension of the rules: H.R. 4601, as amended; H.R. 4772, as amended; H.R. 4899; H.R. 5943, as amended; H.R. 7158, as amended; H.R. 8203; H.R. 9308; and S. 3825; and the following resolutions were agreed to under suspension of the rules: H. Res. 744, as amended; and H. Res. 922, as amended.(consideration: CR H8696-8700; text: CR H8697)
Pursuant to section 5 of H. Res. 1499, and the motion offered by Mr. Hoyer, the following bills passed under suspension of the rules: H.R. 4601, as amended; H.R. 4772, as amended; H.R. 4899; H.R. 5943, as amended; H.R. 7158, as amended; H.R. 8203; H.R. 9308; and S. 3825; and the following resolutions were agreed to under suspension of the rules: H. Res. 744, as amended; and H. Res. 922, as amended. (consideration: CR H8696-8700; text: CR H8697)
Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs.