H.R. 5166 — what changed

changed “5906. Provision Access of access certain congressional employees to case-tracking informationveteran records

“(a) In general

changed “(1) Beginning not later than 180 days after the date of the enactment of this Act, and in accordance with subsection (b), the The Secretary shall provide to each veteran who submits a claim for benefits under the laws administered by the Secretary an accredited, permanent Congressional opportunity to permit a covered congressional employee with read-only remote employed in the office of the Member of Congress representing the district where the veteran resides to have access to all of the electronic Veterans Benefits Administration (VBA) claims records of the veteran they represent, regardless of whether such employee is acting under a power in the databases of attorney executed by such veteran.the Veterans Benefits Administration.

changed “(2) In providing an accredited, permanent Congressional employee with access to Notwithstanding any other provision of law, upon receipt of permission from the electronic VBA claims records system veteran under paragraph (1), the Secretary shall ensure that such provide read-only access is provided to such records to such a covered congressional employee in a manner that does not allow such employee to modify the data contained in such system.records or in any part of a database of the Veterans Benefits Administration.

changed “(b) Certification required“(3) A Member of Congress may designate not more than two employees of the Member as covered congressional employees.

changed “(1) The Secretary may not provide a permanent Congressional employee with access to the case-tracking system under subsection (a)(1) unless the accredited, permanent Congressional employee has successfully completed the certification process described in paragraph (2).“(b) Covered congressional employees

changed “(2) The certification process described in “(1) In this paragraph section, a covered congressional employee is the certification process that the Secretary requires an agent or attorney under this chapter to complete before the agent or attorney may access the case-tracking system.a permanent, full-time employee of a Member of Congress—

changed “(3) Each Member of Congress who elects to have an accredited, permanent Congressional employee “(A) whose responsibilities include assisting the constituents of the Member participate in the case-tracking system under subsection (a)(1) shall bear the cost with issues regarding departments or agencies of the certification process described in paragraph (2), to be paid from the Member's Representational Allowance.Federal Government;

changed “(c) Treatment of disclosure—The access to information “(B) who satisfies the criteria required by the Secretary for recognition as an accredited, permanent Congressional employee pursuant to subsection (a)(1) shall be deemed to be—agent or attorney under this chapter; and

changed “(1) “(C) who is designated by a Member of Congress as a covered disclosure under section 552a(b) congressional employee for purposes of title 5; andthis section.

changed “(2) a permitted disclosure under regulations promulgated under section 264(c) of The Secretary may not impose any requirement other than the Health Insurance Portability and Accountability Act requirements under paragraph (1) before treating an employee as a covered congressional employee for purposes of 1996 (42 U.S.C. 1320d–2 note).this section.

changed “(d) Nonrecognition—The Secretary may not recognize an accredited, permanent Congressional employee for the preparation, presentation, and prosecution of claims under laws administered by the Secretary by reason of the Secretary providing the accredited, permanent Congressional employee with access to the electronic VBA claims records system pursuant to subsection (a). An accredited, permanent Congressional “(c) Nonrecognition—A covered congressional employee who is provided such access may not use such access to act as such a be recognized individual.as an agent or attorney under this chapter.

changed “(e) Definitions—In “(d) Limitation on use of funds—None of the amounts made available to carry out this section:section may be used to design, develop, or administer any training for purposes of providing training to covered congressional employees.

changed “(1) The term electronic VBA claims records system means the system of the Department of Veterans Affairs that provides information regarding the status of a claim submitted by a veteran, including information regarding medical records, compensation and pension exams records, rating decisions, statement of the case (SOC), supplementary statement of the case (SSOC), notice “(e) Authorization of disagreement (NOD), and Form–9.appropriations

changed “(2) The term accredited, permanent Congressional employee means an employee of a Member of Congress who assists the constituents of the Member with issues regarding departments or agencies of the Federal Government.“(1) No additional funds are authorized to be appropriated to carry out this section. This section may only be carried out using amounts otherwise authorized to be appropriated.

changed “(3) The term Member of Congress means a Representative, a Senator, a Delegate to Congress, or “(2) For the Resident Commissioner period of Puerto Rico.”fiscal years 2017 through 2020, not more than $10,000,000 may be made available to carry out this section.

added “(f) Definitions—In this section:

added “(1) The term “database of the Veterans Benefits Administration” means any database of the Veterans Benefits Administration in which the records of veterans relating to claims for benefits under the laws administered by the Secretary are retained, including information regarding medical records, compensation and pension exams records, rating decisions, statements of the case, supplementary statements of the case, notices of disagreement, Form–9, and any successor form.

added “(2) The term Member of Congress means a Representative, a Senator, a Delegate to Congress, or the Resident Commissioner of Puerto Rico.”