[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5321 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 5321
To require the Secretary of Veterans Affairs to address the
inappropriate or unlawful denial by the Department of Veterans Affairs
of benefits and services for former members of the Armed Forces who
were discharged or released from the active military, naval, or air
service under conditions characterized as neither dishonorable nor
honorable, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 21, 2021
Ms. Underwood (for herself and Mr. Pappas) introduced the following
bill; which was referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To require the Secretary of Veterans Affairs to address the
inappropriate or unlawful denial by the Department of Veterans Affairs
of benefits and services for former members of the Armed Forces who
were discharged or released from the active military, naval, or air
service under conditions characterized as neither dishonorable nor
honorable, 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 ``Unlawful Turn-Aways Act of 2021''.
SEC. 2. ADDRESSING DEPARTMENT OF VETERANS AFFAIRS TURN-AWAY PROBLEM.
(a) Improving Training, Guidance, and Oversight of Department of
Veterans Affairs Staff.--
(1) Training.--
(A) For all employees.--The Secretary of Veterans
Affairs shall require all employees of the Department
of Veterans Affairs to participate in uniform, national
training on character of discharge eligibility
standards for benefits and services provided under laws
administered by the Secretary.
(B) For front-line staff.--The Secretary shall
require all employees of the Department who the
Secretary considers front-line staff, including
employees of the Department that the Secretary
considers Department facility enrollment and
eligibility staff, to participate, as soon as
practicable after the date of the enactment of this Act
and periodically thereafter, in training described in
subparagraph (A).
(2) Requirement that any contact with department of
veterans affairs seeking health care from department be
recorded in electronic health management system.--The Secretary
shall ensure that any contact made by an individual seeking
health care from the Department is recorded in the electronic
health management system of the Department.
(3) Designation of positions.--
(A) In general.--The Secretary shall designate a
national-level position and establish senior positions
within each regional office of the Department to focus
on issues affecting individuals who served in the
active military, naval, or air service and who were
discharged or released therefrom under conditions
characterized as neither honorable nor dishonorable.
(B) Congressional updates.--The official designated
to a national-level position under subparagraph (A)
shall provide Congress with updates, on a regular
basis, on progress made by the Department in providing
benefits and services to individuals described in
subparagraph (A).
(b) Remedy Past Unlawful Turn-Aways.--
(1) Assessment, identification, recommendations, and
report.--Not later than one year after the date of the
enactment of this Act, the Inspector General of the Department
of Veterans affairs shall--
(A) conduct an assessment of the practices of the
Department involving denying benefits and services to
individuals seeking such benefits and services from the
Department based on a discharge or release from service
in the active military, naval, or air service under
conditions that were characterized as neither honorable
nor dishonorable;
(B) identify whether any denials described in
subparagraph (A) were unlawful and the scope of such
unlawful denials by the Department;
(C) develop recommendations for legislative or
administrative action to limit the occurrence of
unlawful denials described in subparagraph (B); and
(D) submit to Congress a report on the findings of
the Inspector General under subparagraphs (A) through
(C).
(2) Notice.--
(A) In general.--The Secretary shall--
(i) notify all individuals who were
discharged or released from service in the
active military, naval, or air service under
conditions that were characterized as neither
honorable nor dishonorable about their right to
apply for health care and benefits from the
Department; and
(ii) encourage individuals describe in
clause (i) to apply for health care and
benefits described in such clause, even if they
have previously been denied or turned away from
the Department.
(B) Manner.--The Secretary shall carry out
subparagraph (A) by sending individuals described in
such subparagraph a letter to last known address on
file with Social Security Administration.
(3) Outreach.--
(A) Program required.--The Secretary shall carry
out a program of public outreach, including via the
internet and through mailed notices, to covered
individuals described in subparagraph (B) who may have
been unlawfully denied a benefit or service from the
Department based on the characterization of their
discharge or release from service in the active
military, naval, or air service.
(B) Covered individuals.--For purposes of this
paragraph, a covered individual is an individual who
was discharged or released from service in the active
military, naval, or air service under conditions that
were characterized as neither honorable nor
dishonorable.
(C) Contents.--Outreach carried out pursuant to the
program required by subparagraph (A) shall include
distribution of information about what benefits and
services covered individuals may be eligible for under
laws administered by the Secretary of Veterans Affairs.
(D) Manner.--Outreach under the program required by
subparagraph (A) shall include the follow methods of
contact:
(i) Traditional and social media.
(ii) Websites and blogs of the Department.
(iii) Informational brochures and fact
sheets.
(iv) Community events.
(c) Simplifying Eligibility Standards and Processes.--
(1) Modification of definition of veteran.--Section 101(2)
of title 38, United States Code, is amended by striking ``under
conditions other than dishonorable'' and inserting ``, other
than a person whose rights are barred by section 5303(a) of
this title''.
(2) Veterans justice outreach program services.--
(A) In general.--The Secretary of Veterans Affairs
shall ensure that services provided by the Veterans
Justice Outreach Program are available to all
individuals who served in the active military, naval,
or air service, regardless of the nature of their
discharge or release from such service.
(B) Veterans justice outreach program defined.--In
this paragraph:
(i) Justice-involved veteran.--The term
``justice-involved veteran'' means a veteran
with active, ongoing, or recent contact with
some component of a local criminal justice
system.
(ii) Local criminal justice system.--The
term ``local criminal justice system'' means
law enforcement, jails, prisons, and Federal,
State, and local courts.
(iii) Veterans justice outreach program.--
The term ``Veterans Justice Outreach Program''
means the program through which the Department
of Veterans Affairs identifies justice-involved
veterans and provides such veterans with access
to Department services.
(d) Definitions.--In this section, the terms ``active military,
naval, or air service'' and ``veteran'' have the meanings given such
terms in section 101 of title 38, United States Code.
SEC. 3. MODIFICATION OF REQUIREMENTS RELATING TO ELIGIBILITY FOR
CERTAIN COUNSELING SERVICES FROM DEPARTMENT OF VETERANS
AFFAIRS.
(a) Counseling for Military Sexual Trauma.--Section 1720I(b) of
title 38, United States Code, is amended--
(1) in paragraph (4)--
(A) by striking subparagraph (B); and
(B) in subparagraph (A), by striking ``(A)(i)
served'' and inserting ``(i) served''; and
(2) in paragraph (2), by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively;
(3) in paragraph (1), by striking ``is a former member''
and inserting ``(A) is a former member'';
(4) by redesignating paragraphs (2) through (4) as
subparagraphs (B) through (D), respectively; and
(5) by adding at the end the following new paragraph:
``(2)(A) is a former member of the Armed Forces, including the
reserve components;
``(B) is not enrolled in the health care system established by
section 1705 of this title; and
``(C) while serving in the Armed Forces, was the victim of a
physical assault of a sexual nature, a battery of a sexual nature, or
sexual harassment (as defined in section 1720D(f) of this title).''.
(b) Counseling in Vet Centers.--
(1) In general.--Section 1712A(a)(1)(C) of such title is
amended--
(A) by striking ``individual who is a veteran or''
each place it appears;
(B) in clause (ii), by striking ``causalities'' and
inserting ``casualties'';
(C) in clause (iii), by striking ``such veteran or
member'' and inserting ``such member'';
(D) in clause (vii)--
(i) in subclause (I), by striking ``; or''
and inserting a semicolon; and
(ii) in subclause (II), by striking
``veteran or member of the Armed Forces'' and
inserting ``veteran; or
``(III) member of the Armed Forces'';
(E) by redesignating clauses (i) through (vii) as
clauses (ii) through (viii), respectively; and
(F) by inserting before clause (ii), as
redesignated by subparagraph (E), the following new
clause (i):
``(i) Any veteran.''.
(2) Conforming amendments.--
(A) In general.--Section 1712A of such title is
amended--
(i) in subsection (a)(1)--
(I) by striking ``clauses (i)
through (vi)'' each place it appears
and inserting ``clauses (i) through
(vii)''; and
(II) by striking ``clause (vii)''
each place it appears and inserting
``clause (viii)''; and
(III) in subparagraph (B)(ii)(II),
by striking ``veteran or member
described in subclause (II)'' and
inserting ``veteran or a member
described in subclause (III)''; and
(ii) in subsection (g)(1), by striking
``described in subsection (a)(1)(C)''.
(B) Suicide prevention assistance.--Section
201(q)(4)(C) of the Commander John Scott Hannon
Veterans Mental Health Care Improvement Act of 2019
(Public Law 116-171; 38 U.S.C. 1720F note) is amended
by striking ``clauses (i) through (iv)'' and inserting
``clauses (ii) through (v)''.
SEC. 4. OUTREACH TO AND STUDY ON TREATMENT OF MEMBERS OF THE ARMED
FORCES DISCHARGED UNDER CONDITIONS OTHER THAN HONORABLE
FOR NO OTHER REASON THAN SEXUAL ORIENTATION OR GENDER
IDENTITY.
(a) Outreach.--The Secretary of Veterans Affairs shall conduct
outreach to former members of the Armed Forces who were discharged from
the Armed Forces under other than honorable conditions for no other
reason than the sexual orientation or gender identity of the member
pursuant to the Don't Ask, Don't Tell policy of the Department of
Defense.
(b) Study.--The Secretary shall conduct a study to assess the scope
and cost of providing health care under the laws administered by the
Secretary to former members of the Armed Forces with other than
honorable discharges who were discharged from the Armed Forces after
serving on active duty in the Armed Forces for less than two years for
no other reason than the sexual orientation or gender identity of the
member, whether pursuant to the Don't Ask, Don't Tell policy of the
Department or not.
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