Title: Unlawful Turn-Aways Act of 2021
Policy area: Armed Forces and National Security

Summary:
Unlawful Turn-Aways Act of 2021
This bill addresses training for Department of Veterans Affairs (VA) employees regarding discharge eligibility standards for VA benefits and services, requires notification of eligibility for VA benefits and services for individuals who were discharged or released from active service under conditions characterized as neither honorable nor dishonorable, and modifies the requirements of eligibility for certain mental and behavioral health care related to military sexual trauma, readjustment counseling, and related mental health services.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2786 Introduced in Senate (IS)]

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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.

    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 described 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 following 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)'';
                                    (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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