I 
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 dis-
charged 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 mem-
bers of the Armed Forces who were discharged or re-
leased 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 Representa-
tives of the United States of America in Congress assembled, 
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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 OVER-
SIGHT
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 par-
ticipate in uniform, national training on char-
acter of discharge eligibility standards for bene-
fits and services provided under laws adminis-
tered by the Secretary. 
(B) FOR
FRONT-LINE
STAFF.—The Sec-
retary shall require all employees of the Depart-
ment who the Secretary considers front-line 
staff, including employees of the Department 
that the Secretary considers Department facil-
ity enrollment and eligibility staff, to partici-
pate, as soon as practicable after the date of 
the enactment of this Act and periodically 
thereafter, in training described in subpara-
graph (A). 
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(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 sys-
tem 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 in-
dividuals who served in the active military, 
naval, or air service and who were discharged or 
released therefrom under conditions character-
ized as neither honorable nor dishonorable. 
(B) CONGRESSIONAL UPDATES.—The offi-
cial 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 sub-
paragraph (A). 
(b) REMEDY PAST UNLAWFUL TURN-AWAYS.— 
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(1) 
ASSESSMENT, 
IDENTIFICATION, 
REC-
OMMENDATIONS, AND REPORT.—Not later than one 
year after the date of the enactment of this Act, the 
Inspector General of the Department of Veterans af-
fairs 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 Depart-
ment; 
(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 sub-
paragraphs (A) through (C). 
(2) NOTICE.— 
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(A) IN GENERAL.—The Secretary shall— 
(i) notify all individuals who were dis-
charged or released from service in the ac-
tive military, naval, or air service under 
conditions that were characterized as nei-
ther 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 ben-
efits 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 Ad-
ministration. 
(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 sub-
paragraph (B) who may have been unlawfully 
denied a benefit or service from the Department 
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based on the characterization of their discharge 
or release from service in the active military, 
naval, or air service. 
(B) COVERED
INDIVIDUALS.—For pur-
poses 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 subpara-
graph (A) shall include distribution of informa-
tion about what benefits and services covered 
individuals may be eligible for under laws ad-
ministered by the Secretary of Veterans Affairs. 
(D) MANNER.—Outreach under the pro-
gram required by subparagraph (A) shall in-
clude the follow methods of contact: 
(i) Traditional and social media. 
(ii) Websites and blogs of the Depart-
ment. 
(iii) Informational brochures and fact 
sheets. 
(iv) Community events. 
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(c) SIMPLIFYING
ELIGIBILITY
STANDARDS
AND 
PROCESSES.— 
(1) MODIFICATION
OF
DEFINITION
OF
VET-
ERAN.—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 Vet-
erans Affairs shall ensure that services provided 
by the Veterans Justice Outreach Program are 
available to all individuals who served in the ac-
tive military, naval, or air service, regardless of 
the nature of their discharge or release from 
such service. 
(B) VETERANS JUSTICE OUTREACH PRO-
GRAM 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. 
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(ii) LOCAL
CRIMINAL
JUSTICE
SYS-
TEM.—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 
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(B) in subparagraph (A), by striking 
‘‘(A)(i) served’’ and inserting ‘‘(i) served’’; and 
(2) in paragraph (2), by redesignating subpara-
graphs (A) and (B) as clauses (i) and (ii), respec-
tively; 
(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 estab-
lished by section 1705 of this title; and 
‘‘(C) while serving in the Armed Forces, was the vic-
tim of a physical assault of a sexual nature, a battery of 
a sexual nature, or sexual harassment (as defined in sec-
tion 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 vet-
eran or’’ each place it appears; 
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(B) in clause (ii), by striking ‘‘causalities’’ 
and inserting ‘‘casualties’’; 
(C) in clause (iii), by striking ‘‘such vet-
eran 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 ‘‘vet-
eran 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 re-
designated 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 
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