Federal

Wounded Warrior Access Act

Source: Congress.gov · 836 words in original text

What This Bill Does

This bill allows veterans and those filing claims with the Department of Veterans Affairs to request their records electronically through a secure website or online tool. The bill also requires the Veterans Affairs Department to warn claimants about unrecognized representatives who may try to illegally act on their behalf.

Who It Affects

- Claimants filing or pursuing claims with the Department of Veterans Affairs - Duly recognized agents or representatives acting on behalf of claimants - The Secretary of Veterans Affairs - Veterans service organizations

Key Provisions

- The Secretary of Veterans Affairs must establish and maintain a secure website or online tool that allows claimants and their representatives to submit electronic requests for records (Sec. 2(a)) - Upon receiving a valid electronic request, the Secretary must provide confirmation within 10 days and deliver the requested records within 120 days in the format the requestor selects (Sec. 2(a)) - Each time a claimant logs into a Veterans Affairs website or online tool, the website must display warnings in plain language about individuals who illegally seek to represent claimants, including links to report such individuals and to find recognized representatives (Sec. 3(a)) - The Secretary must provide all warning information in English, Spanish, Tagalog and the seven other languages most commonly spoken in the United States (Sec. 3(a)) - The Secretary must establish the secure website or online tool within one year after the bill becomes law (Sec. 2(c))

What Changes

Veterans Affairs will create an electronic system for record requests where previously records were only requested in writing. Claimants will receive confirmation within 10 days and their records within 120 days. When claimants log into Veterans Affairs websites, they will now see warnings about unrecognized representatives offering illegal services.

Important Definitions

- Claimant: an individual filing or pursuing a claim under laws administered by the Secretary of Veterans Affairs - Duly recognized agent or representative: individuals recognized by the Secretary to assist claimants

Effective Date

Not specified in bill text

137 STAT. 109 PUBLIC LAW 118–21—NOV. 13, 2023 Public Law 118–21 118th Congress An Act To amend title 38, United States Code, to allow for the electronic request of certain records, 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 ‘‘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 Depart- ment of Veterans Affairs for the purposes of such establishment. 38 USC 5702 note. Deadlines. Website. 38 USC 101 note. Wounded Warrior Access Act. Nov. 13, 2023 [H.R. 1226] VerDate Sep 11 2014 16:46 Nov 14, 2023 Jkt 049139 PO 00021 Frm 00001 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL021.118 PUBL021 jmbennett on LAPBW6H6L3PROD with PUBLAW 137 STAT. 110 PUBLIC LAW 118–21—NOV. 13, 2023 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 viola- tion 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 adminis- tered 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 para- graph (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 sub- section; and (2) not later than one year after the date of the enactment of this Act. Deadline. 38 USC 5901 note. VerDate Sep 11 2014 16:46 Nov 14, 2023 Jkt 049139 PO 00021 Frm 00002 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL021.118 PUBL021 jmbennett on LAPBW6H6L3PROD with PUBLAW 137 STAT. 111 PUBLIC LAW 118–21—NOV. 13, 2023 LEGISLATIVE HISTORY—H.R. 1226: CONGRESSIONAL RECORD, Vol. 169 (2023): Mar. 7, considered and passed House. Nov. 2, considered and passed Senate. Æ SEC. 4. NO ADDITIONAL FUNDS AUTHORIZED. No additional funds are authorized to be appropriated to carry out the requirements of this Act. Approved November 13, 2023. VerDate Sep 11 2014 16:46 Nov 14, 2023 Jkt 049139 PO 00021 Frm 00003 Fmt 6580 Sfmt 6580 E:\PUBLAW\PUBL021.118 PUBL021 jmbennett on LAPBW6H6L3PROD with PUBLAW

Important: This plain English summary was generated by AI and is provided for informational purposes only. It is not legal advice. Always consult the official bill text on Congress.gov or a qualified attorney for legal matters.