H.R.3123 — Ernest Peltz Accrued Veterans Benefits Act
House Roll Call
H.R.3123
| Bill | H.R.3123 — Ernest Peltz Accrued Veterans Benefits Act |
|---|---|
| Vote question | On Motion to Suspend the Rules and Pass, as Amended |
| Vote type | 2/3 Yea-And-Nay |
| Result | Passed |
| Totals | Yea 405 / Nay 1 / Present 0 / Not Voting 26 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| R | 204 | 0 | 0 | 14 |
| D | 201 | 1 | 0 | 12 |
| I | 0 | 0 | 0 | 0 |
Research Brief
On Motion to Suspend the Rules and Pass, as Amended
Bill Analysis
HR 3123 – Ernest Peltz Accrued Veterans Benefits Act (119th Congress)
HR 3123 amends title 38, United States Code, to expand who may receive “accrued benefits” owed to a deceased veteran or other VA beneficiary. Under current law, unpaid periodic monetary benefits due at death (e.g., disability compensation, pension) may be paid only to a narrow class of survivors (spouse, children, dependent parents) or, in limited circumstances, to reimburse the person who paid last sickness or burial expenses. If no eligible survivor exists or claims are not timely, benefits generally revert to the Treasury.
The bill broadens eligibility so that, when there is no surviving spouse, child, or dependent parent, accrued benefits may be paid to additional survivors or designated individuals. It clarifies and extends the order of precedence for payment and may allow payment to a broader set of relatives or to an estate or personal representative, depending on the final statutory language. The bill is named for Ernest Peltz, reflecting a case in which accrued VA benefits could not be paid to a non-traditional survivor under existing law.
Key elements:
- Substantive change: Modifies 38 U.S.C. § 5121 (and related provisions, if cross-referenced) to expand the class of eligible recipients of accrued VA benefits after a beneficiary’s death.
- Scope: Applies to “accrued benefits” (unpaid VA monetary benefits due and payable at death), not to new benefit entitlements.
- Beneficiaries: Surviving family members or designated individuals who currently fall outside the narrow statutory categories but whom Congress intends to recognize as legitimate recipients of unpaid benefits.
- Agency impact: The Department of Veterans Affairs must update claims-processing rules, adjudication manuals, and training to implement the revised payment hierarchy.
- Funding/authority: Does not create a new program; it changes entitlement rules within existing VA benefit accounts. Any budget impact arises from paying accrued benefits that would otherwise remain unpaid.
- Timelines: Effective date and any retroactivity (e.g., applicability to deaths occurring before enactment or to pending claims) are set by the bill’s amendments to title 38 and would govern when VA must begin applying the new rules.
Yea (405)
K
Ken Calvert
J
Jason Crow
L
Lloyd Doggett
S
Scott Franklin
J
John Mannion
L
Lucy McBath
L
Lisa McClain
C
Christian Menefee
J
John Rutherford
D
David Schweikert
P
Pete Sessions
E
Eric Swalwell
R
Rashida Tlaib
N
Nydia Velázquez
D
Debbie Wasserman Schultz
Nay (1)
Not Voting (26)
J
John Garamendi
