II 

117TH CONGRESS 

1ST SESSION S. 2786 

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 SENATE OF THE UNITED STATES 

SEPTEMBER 21, 2021 

Mr. BLUMENTHAL (for himself and Mr. SANDERS) introduced the following 

bill; which was read twice and 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•S 2786 IS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Unlawful Turn-Aways 

3 Act of 2021’’. 

4 SEC. 2. ADDRESSING DEPARTMENT OF VETERANS AFFAIRS 

5 TURN-AWAY PROBLEM. 

6 (a) IMPROVING TRAINING, GUIDANCE, AND OVER7 SIGHT OF DEPARTMENT OF VETERANS AFFAIRS

8 STAFF.— 

9 (1) TRAINING.— 

10 (A) FOR ALL EMPLOYEES.—The Secretary 

11 of Veterans Affairs shall require all employees 

12 of the Department of Veterans Affairs to par13 ticipate in uniform, national training on char14 acter of discharge eligibility standards for bene15 fits and services provided under laws adminis16 tered by the Secretary. 

17 (B) FOR FRONT-LINE STAFF.—The Sec18 retary shall require all employees of the Depart19 ment who the Secretary considers front-line 

20 staff, including employees of the Department 

21 that the Secretary considers Department facil22 ity enrollment and eligibility staff, to partici23 pate, as soon as practicable after the date of 

24 the enactment of this Act and periodically 

25 thereafter, in training described in subpara26 graph (A). 


pbinns on DSKJLVW7X2PROD with BILLS
3 

•S 2786 IS

1 (2) REQUIREMENT THAT ANY CONTACT WITH

2 DEPARTMENT OF VETERANS AFFAIRS SEEKING

3 HEALTH CARE FROM DEPARTMENT BE RECORDED IN

4 ELECTRONIC HEALTH MANAGEMENT SYSTEM.—The 

5 Secretary shall ensure that any contact made by an 

6 individual seeking health care from the Department 

7 is recorded in the electronic health management sys8 tem of the Department. 

9 (3) DESIGNATION OF POSITIONS.— 

10 (A) IN GENERAL.—The Secretary shall 

11 designate a national-level position and establish 

12 senior positions within each regional office of 

13 the Department to focus on issues affecting in14 dividuals who served in the active military, 

15 naval, or air service and who were discharged or 

16 released therefrom under conditions character17 ized as neither honorable nor dishonorable. 

18 (B) CONGRESSIONAL UPDATES.—The offi19 cial designated to a national-level position 

20 under subparagraph (A) shall provide Congress 

21 with updates, on a regular basis, on progress 

22 made by the Department in providing benefits 

23 and services to individuals described in sub24 paragraph (A). 

25 (b) REMEDY PAST UNLAWFUL TURN-AWAYS.— 


pbinns on DSKJLVW7X2PROD with BILLS
4 

•S 2786 IS

1 (1) ASSESSMENT, IDENTIFICATION, REC2 OMMENDATIONS, AND REPORT.—Not later than one 

3 year after the date of the enactment of this Act, the 

4 Inspector General of the Department of Veterans af5 fairs shall— 

6 (A) conduct an assessment of the practices 

7 of the Department involving denying benefits 

8 and services to individuals seeking such benefits 

9 and services from the Department based on a 

10 discharge or release from service in the active 

11 military, naval, or air service under conditions 

12 that were characterized as neither honorable 

13 nor dishonorable; 

14 (B) identify whether any denials described 

15 in subparagraph (A) were unlawful and the 

16 scope of such unlawful denials by the Depart17 ment; 

18 (C) develop recommendations for legislative 

19 or administrative action to limit the occurrence 

20 of unlawful denials described in subparagraph 

21 (B); and 

22 (D) submit to Congress a report on the 

23 findings of the Inspector General under sub24 paragraphs (A) through (C). 

25 (2) NOTICE.— 


pbinns on DSKJLVW7X2PROD with BILLS
5 

•S 2786 IS

1 (A) IN GENERAL.—The Secretary shall— 

2 (i) notify all individuals who were dis3 charged or released from service in the ac4 tive military, naval, or air service under 

5 conditions that were characterized as nei6 ther honorable nor dishonorable about 

7 their right to apply for health care and 

8 benefits from the Department; and 

9 (ii) encourage individuals described in 

10 clause (i) to apply for health care and ben11 efits described in such clause, even if they 

12 have previously been denied or turned 

13 away from the Department. 

14 (B) MANNER.—The Secretary shall carry 

15 out subparagraph (A) by sending individuals 

16 described in such subparagraph a letter to last 

17 known address on file with Social Security Ad18 ministration. 

19 (3) OUTREACH.— 

20 (A) PROGRAM REQUIRED.—The Secretary 

21 shall carry out a program of public outreach, 

22 including via the internet and through mailed 

23 notices, to covered individuals described in sub24 paragraph (B) who may have been unlawfully 

25 denied a benefit or service from the Department 


pbinns on DSKJLVW7X2PROD with BILLS
6 

•S 2786 IS

1 based on the characterization of their discharge 

2 or release from service in the active military, 

3 naval, or air service. 

4 (B) COVERED INDIVIDUALS.—For pur5 poses of this paragraph, a covered individual is 

6 an individual who was discharged or released 

7 from service in the active military, naval, or air 

8 service under conditions that were characterized 

9 as neither honorable nor dishonorable. 

10 (C) CONTENTS.—Outreach carried out 

11 pursuant to the program required by subpara12 graph (A) shall include distribution of informa13 tion about what benefits and services covered 

14 individuals may be eligible for under laws ad15 ministered by the Secretary of Veterans Affairs. 

16 (D) MANNER.—Outreach under the pro17 gram required by subparagraph (A) shall in18 clude the following methods of contact: 

19 (i) Traditional and social media. 

20 (ii) Websites and blogs of the Depart21 ment. 

22 (iii) Informational brochures and fact 

23 sheets. 

24 (iv) Community events. 


pbinns on DSKJLVW7X2PROD with BILLS
7 

•S 2786 IS

1 (c) SIMPLIFYING ELIGIBILITY STANDARDS AND

2 PROCESSES.— 

3 (1) MODIFICATION OF DEFINITION OF VET4 ERAN.—Section 101(2) of title 38, United States 

5 Code, is amended by striking ‘‘under conditions 

6 other than dishonorable’’ and inserting ‘‘, other than 

7 a person whose rights are barred by section 5303(a) 

8 of this title’’. 

9 (2) VETERANS JUSTICE OUTREACH PROGRAM

10 SERVICES.— 

11 (A) IN GENERAL.—The Secretary of Vet12 erans Affairs shall ensure that services provided 

13 by the Veterans Justice Outreach Program are 

14 available to all individuals who served in the ac15 tive military, naval, or air service, regardless of 

16 the nature of their discharge or release from 

17 such service. 

18 (B) VETERANS JUSTICE OUTREACH PRO19 GRAM DEFINED.—In this paragraph: 

20 (i) JUSTICE-INVOLVED VETERAN.— 

21 The term ‘‘justice-involved veteran’’ means 

22 a veteran with active, ongoing, or recent 

23 contact with some component of a local 

24 criminal justice system. 


pbinns on DSKJLVW7X2PROD with BILLS
8 

•S 2786 IS

1 (ii) LOCAL CRIMINAL JUSTICE SYS2 TEM.—The term ‘‘local criminal justice 

3 system’’ means law enforcement, jails, 

4 prisons, and Federal, State, and local 

5 courts. 

6 (iii) VETERANS JUSTICE OUTREACH

7 PROGRAM.—The term ‘‘Veterans Justice 

8 Outreach Program’’ means the program 

9 through which the Department of Veterans 

10 Affairs identifies justice-involved veterans 

11 and provides such veterans with access to 

12 Department services. 

13 (d) DEFINITIONS.—In this section, the terms ‘‘active 

14 military, naval, or air service’’ and ‘‘veteran’’ have the 

15 meanings given such terms in section 101 of title 38, 

16 United States Code. 

17 SEC. 3. MODIFICATION OF REQUIREMENTS RELATING TO 

18 ELIGIBILITY FOR CERTAIN COUNSELING 

19 SERVICES FROM DEPARTMENT OF VETERANS 

20 AFFAIRS. 

21 (a) COUNSELING FOR MILITARY SEXUAL TRAUMA.— 

22 Section 1720I(b) of title 38, United States Code, is 

23 amended— 

24 (1) in paragraph (4)— 

25 (A) by striking subparagraph (B); and 


pbinns on DSKJLVW7X2PROD with BILLS
9 

•S 2786 IS

1 (B) in subparagraph (A), by striking 

2 ‘‘(A)(i) served’’ and inserting ‘‘(i) served’’; and 

3 (2) in paragraph (2), by redesignating subpara4 graphs (A) and (B) as clauses (i) and (ii), respec5 tively; 

6 (3) in paragraph (1), by striking ‘‘is a former 

7 member’’ and inserting ‘‘(A) is a former member’’; 

8 (4) by redesignating paragraphs (2) through 

9 (4) as subparagraphs (B) through (D), respectively; 

10 and 

11 (5) by adding at the end the following new 

12 paragraph: 

13 ‘‘(2)(A) is a former member of the Armed Forces, 

14 including the reserve components; 

15 ‘‘(B) is not enrolled in the health care system estab16 lished by section 1705 of this title; and 

17 ‘‘(C) while serving in the Armed Forces, was the vic18 tim of a physical assault of a sexual nature, a battery of 

19 a sexual nature, or sexual harassment (as defined in sec20 tion 1720D(f) of this title).’’. 

21 (b) COUNSELING IN VET CENTERS.— 

22 (1) IN GENERAL.—Section 1712A(a)(1)(C) of 

23 such title is amended— 

24 (A) by striking ‘‘individual who is a vet25 eran or’’ each place it appears; 


pbinns on DSKJLVW7X2PROD with BILLS
10 

•S 2786 IS

1 (B) in clause (ii), by striking ‘‘causalities’’ 

2 and inserting ‘‘casualties’’; 

3 (C) in clause (iii), by striking ‘‘such vet4 eran or member’’ and inserting ‘‘such member’’; 

5 (D) in clause (vii)— 

6 (i) in subclause (I), by striking ‘‘; or’’ 

7 and inserting a semicolon; and 

8 (ii) in subclause (II), by striking ‘‘vet9 eran or member of the Armed Forces’’ and 

10 inserting ‘‘veteran; or 

11 ‘‘(III) member of the Armed Forces’’; 

12 (E) by redesignating clauses (i) through 

13 (vii) as clauses (ii) through (viii), respectively; 

14 and 

15 (F) by inserting before clause (ii), as re16 designated by subparagraph (E), the following 

17 new clause (i): 

18 ‘‘(i) Any veteran.’’. 

19 (2) CONFORMING AMENDMENTS.— 

20 (A) IN GENERAL.—Section 1712A of such 

21 title is amended— 

22 (i) in subsection (a)(1)— 

23 (I) by striking ‘‘clauses (i) 

24 through (vi)’’ each place it appears 


pbinns on DSKJLVW7X2PROD with BILLS
11 

•S 2786 IS

1 and inserting ‘‘clauses (i) through 

2 (vii)’’; 

3 (II) by striking ‘‘clause (vii)’’ 

4 each place it appears and inserting 

5 ‘‘clause (viii)’’; and 

6 (III) in subparagraph (B)(ii)(II), 

7 by striking ‘‘veteran or member de8 scribed in subclause (II)’’ and insert9 ing ‘‘veteran or a member described in 

10 subclause (III)’’; and 

11 (ii) in subsection (g)(1), by striking 

12 ‘‘described in subsection (a)(1)(C)’’. 

13 (B) SUICIDE PREVENTION ASSISTANCE.— 

14 Section 201(q)(4)(C) of the Commander John 

15 Scott Hannon Veterans Mental Health Care 

16 Improvement Act of 2019 (Public Law 116– 

17 171; 38 U.S.C. 1720F note) is amended by 

18 striking ‘‘clauses (i) through (iv)’’ and inserting 

19 ‘‘clauses (ii) through (v)’’. 


pbinns on DSKJLVW7X2PROD with BILLS
12 

•S 2786 IS

1 SEC. 4. OUTREACH TO AND STUDY ON TREATMENT OF 

2 MEMBERS OF THE ARMED FORCES DIS3 CHARGED UNDER CONDITIONS OTHER THAN 

4 HONORABLE FOR NO OTHER REASON THAN 

5 SEXUAL ORIENTATION OR GENDER IDEN6 TITY. 

7 (a) OUTREACH.—The Secretary of Veterans Affairs 

8 shall conduct outreach to former members of the Armed 

9 Forces who were discharged from the Armed Forces under 

10 other than honorable conditions for no other reason than 

11 the sexual orientation or gender identity of the member 

12 pursuant to the Don’t Ask, Don’t Tell policy of the De13 partment of Defense. 

14 (b) STUDY.—The Secretary shall conduct a study to 

15 assess the scope and cost of providing health care under 

16 the laws administered by the Secretary to former members 

17 of the Armed Forces with other than honorable discharges 

18 who were discharged from the Armed Forces after serving 

19 on active duty in the Armed Forces for less than two years 

20 for no other reason than the sexual orientation or gender 

21 identity of the member, whether pursuant to the Don’t 

22 Ask, Don’t Tell policy of the Department or not. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS