H.R. 4772 – Mark O’Brien VA Clothing Allowance Improvement Act

AI-Generated Summary

Updated February 8, 2026 at 5:49 AM UTC

The Mark O’Brien VA Clothing Allowance Improvement Act updates the Department of Veterans Affairs’ rules for veterans’ clothing allowance. It makes the payments automatically continue each year until a veteran opts out or is found ineligible, and it sets up regular reviews of eligibility. The changes apply to both new claims and existing recipients, and the bill also corrects a date in the VA loan‑fee schedule.

Key Provisions

Adds a provision that clothing allowance payments will automatically recur each year until the veteran chooses to stop them or the VA determines they are no longer eligible.
Requires the VA to review a veteran’s eligibility at least every five years, or sooner if notified that requirements may no longer be met, and to set standards for cases where the underlying condition does not change.
If a review finds a veteran no longer eligible, the VA must notify the veteran of the decision and possible actions, and then discontinue the allowance.
Applies the new rules to claims filed after the law’s enactment and to existing recipients who are receiving the allowance at that time.
Changes the loan‑fee table date from January 14, 2031 to January 15, 2031.

Legislative Activity

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14 earlier actions

SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs.

Veterans' Affairs Committee

December 5, 2022

View full timeline

HouseIntro Referral

Introduced in House

July 28, 2021

HouseIntro Referral

Referred to the House Committee on Veterans' Affairs.

Foreign Affairs Committee Veterans' Affairs Committee

July 28, 2021

HouseCommittee

Referred to the Subcommittee on Disability Assistance and Memorial Affairs.

Disability Assistance and Memorial Affairs Subcommittee

September 9, 2021

HouseCommittee

Subcommittee Hearings Held.

Disability Assistance and Memorial Affairs Subcommittee

October 20, 2021

HouseCommittee

Subcommittee on Disability Assistance and Memorial Affairs Discharged.

Veterans' Affairs Committee

November 16, 2022

HouseCommittee

Committee Consideration and Mark-up Session Held.

Veterans' Affairs Committee

November 16, 2022

HouseCommittee

Ordered to be Reported by Voice Vote.

Veterans' Affairs Committee

November 16, 2022

HouseFloor

Mr. Takano moved to suspend the rules and pass the bill, as amended.

November 29, 2022 • 2:29 PM

HouseFloor

Considered under suspension of the rules. (consideration: CR H8604-8605; text: CR H8604-8605)

November 29, 2022 • 2:30 PM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 4772.

November 29, 2022 • 2:30 PM

HouseFloor

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.

November 29, 2022 • 2:35 PM

HouseFloor

Pursuant to the provisions of H. Res. 1499, proceedings on H.R. 4772 are considered vacated.

December 1, 2022 • 5:10 PM

HouseFloor

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)

December 1, 2022 • 5:10 PM

HouseFloor

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)

December 1, 2022 • 5:10 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs.

Veterans' Affairs Committee

December 5, 2022

Floor Debate

6 members

What members said about H.R. 4772 on the floor

+1

3 Republicans3 Democrats

Rep. Mark TakanoD-CA-41 · Nov 29, 2022

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…

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.

Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks and include extraneous material on H.R. 4772, as amended.

Mr. Speaker, I yield myself such time as I may consume.

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. I urge all of my colleagues to join me in supporting Mr. Levin's beneficial and commonsense legislation, and I reserve the balance of my time.

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.

Rep. Sheila Jackson LeeD-TX-18 · Nov 29, 2022

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…

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.

Rep. Mike BostR-IL-12 · Nov 29, 2022

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise today in support of H.R. 4772, as amended, the Mark O'Brien VA Clothing Allowance Improvement Act. The clothing allowance…

Rep. Steny H. HoyerD-MD-5 · Dec 1, 2022

Madam Speaker, pursuant to section 5 of House Resolution 1499, I move to suspend the rules and pass the bills: H.R. 4601, H.R. 4772, H.R. 5943, H.R. 7158, and agree to H. Res. 744 and H. Res. 922.

Rep. Matthew M. Rosendale, Sr.R-MT · Dec 1, 2022

Madam Speaker, on that I demand the yeas and nays.

Show 1 more

Rep. Bob GoodR-VA-5 · Nov 29, 2022

Mr. Speaker, on that I demand the yeas and nays.

Bill Text

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Referred in SenateIssued December 5, 2022

IIB

117th CONGRESS

2d Session

H. R. 4772

IN THE SENATE OF THE UNITED STATES

December 5, 2022

Received; read twice and referred to the Committee on Veterans' Affairs

AN ACT

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.

1.

Short title

This Act may be cited as the Mark O’Brien VA Clothing Allowance Improvement Act.

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.

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.

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.

Passed the House of Representatives December 1, 2022.

Cheryl L. Johnson,

Clerk.