VA Peer Support Enhancement for MST Survivors Act

Bill: 117-hr-2724
Sponsor: full_name: Rep. Delgado, Antonio [D-NY-19]
Introduced: 2021-04-21
Policy area: Armed Forces and National Security
Subjects: Administrative remedies

Assault and harassment offenses

Crime victims

Department of Veterans Affairs

Sex offenses

Veterans' pensions and compensation
Latest action: action_date: 2022-12-27
text: Became Public Law No: 117-271.

Summaries:
action_date: 2021-04-21
action_desc: Introduced in House
text: <p><strong>VA Peer Support Enhancement for MST Survivors Act</strong></p> <p>This bill requires the Department of Veterans Affairs to ensure that each individual who files a claim relating to military sexual trauma is assigned a peer support specialist during the claims process, unless the individual elects to not have such support.</p> <p>Under the bill, a peer support specialist must be trained as a victim advocate and may not be responsible for any part of adjudicating the individual's claim.</p>

action_date: 2022-05-18
action_desc: Passed House
text: <p>This bill prescribes that a peer support specialist of the Department of Veterans Affairs (VA) must not be responsible for providing assistance to a veteran regarding a claim for compensation for a covered mental health condition (e.g., post-traumatic stress disorder) based on military sexual trauma (MST) experienced during active service. Such specialists must only provide counseling services, guidance, and support and must not participate in the adjudication of the claim.</p> <p>As part of the forms for claims for compensation for a covered mental health condition based on MST, the VA must include an option for a veteran to elect to be referred to a MST trauma coordinator at the VA facility closest to the veteran's residence.</p> <p>Additionally, the VA must (1) ensure that its peer support specialists receive annual training on providing peer support regarding MST, and (2) provide annual training on the processing of claims for compensation for covered mental health conditions based on MST to its MST coordinators and peer specialists. </p>

action_date: 2022-12-27
action_desc: Public Law
text: <p>This act prescribes that a peer support specialist of the Department of Veterans Affairs (VA) must not be responsible for providing assistance to a veteran regarding a claim for compensation for a covered mental health condition (e.g., post-traumatic stress disorder) based on military sexual trauma (MST) experienced during active service. Such specialists must only provide counseling services, guidance, and support and must not participate in the adjudication of the claim.</p> <p>As part of the forms for claims for compensation for a covered mental health condition based on MST, the VA must include an option for a veteran to elect to be referred to a MST trauma coordinator at the VA facility closest to the veteran's residence.</p> <p>Additionally, the VA must (1) ensure that its peer support specialists receive annual training on providing peer support regarding MST, and (2) provide annual training on the processing of claims for compensation for covered mental health conditions based on MST to its MST coordinators and peer specialists. </p>

tv_txt: I 117th CONGRESS 1st Session H. R. 2724 IN THE HOUSE OF REPRESENTATIVES April 21, 2021 Mr. Delgado (for himself and Ms. Mace ) introduced the following bill; which was referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to provide for peer support specialists for claimants who are survivors of military sexual trauma, and for other purposes.

1. Short title This Act may be cited as the VA Peer Support Enhancement for MST Survivors Act . 2. Peer support specialists for claimants who are survivors of military sexual trauma (a) Peer support specialists for claimants who are survivors of military sexual trauma (1) In general Chapter 51 of title 38, United States Code, is amended by inserting after section 5109B the following new section: 5109C. Peer support specialists for claimants who are survivors of military sexual trauma (a) In general The Secretary shall ensure that each claimant who files a claim relating to military sexual trauma is assigned a peer support specialist to provide the claimant with support during the claims process unless the claimant elects not to have a peer support specialist under this section. (b) Qualifications A peer support specialist under this section— (1) shall be trained as a victims advocate; and (2) may not be responsible for any part of adjudicating the claim of any claimant to which the specialist is providing support under this section. (c) Military sexual trauma In this section, the term military sexual trauma has the meaning given such term in section 1165(c) of this title. . (2) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 5109B the following new item: 5109C. Peer support specialists for claimants who are survivors of military sexual trauma. . (b) Technical correction The second section 1164 of title 38, United States Code, as added by section 5501 of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 ( Public Law 116–315 ), is redesignated as section 1165 (and the table of sections at the beginning of chapter 11 of such title is conformed accordingly).

tv_txt: I 117th CONGRESS 2d Session H. R. 2724 IN THE HOUSE OF REPRESENTATIVES AN ACT To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to provide for peer support specialists for claimants who are survivors of military sexual trauma, and for other purposes.

1. Improvements to the processing of claims by veterans for compensation for certain mental health conditions based on military sexual trauma (a) In general Section 1166 of title 38, United States Code, is amended— (1) by striking or air service both places it appears and inserting air, or space service ; (2) in subsection (a)— (A) in the heading, by striking In general and inserting Processing ; (B) by inserting (1) before The Secretary ; and (C) by adding at the end the following new paragraphs: (2) A peer support specialist of the Department— (A) shall not be responsible for providing any assistance to a veteran regarding a claim described in paragraph (1), other than counseling services, guidance, and support, pursuant to duties determined by the Under Secretary for Health; and (B) shall not participate in the adjudication of such a claim. ; (3) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; (4) by inserting, after subsection (a), the following new subsection (b): (b) Referrals to MST coordinators The Secretary shall include, in forms for claims described in subsection (a), an option for a veteran to elect to be referred to a military sexual trauma coordinator of the Veterans Health Administration at the facility of the Department nearest to the residence of such veteran. ; and (5) in subsection (c), as redesignated— (A) by inserting (1) before The Secretary ; and (B) by adding at the end the following new paragraphs: (2) The Secretary shall ensure that peer support specialists of the Department receive annual training on how to provide peer support regarding military sexual trauma. (3) The Secretary shall provide annual training, regarding the processing of claims described in subsection (a), to the following individuals: (A) Military sexual trauma coordinators of the Veterans Health Administration. (B) Peer support specialists of the Department. ; (b) Clerical amendments (1) Section heading The heading of such section is amended by striking Specialized teams to evaluate claims and inserting Claims . (2) Table of sections The table of sections at the beginning of chapter 11 of such title is amended by striking the item relating to section 1166 and inserting the following: 1166. Claims involving military sexual trauma. .

Passed the House of Representatives May 18, 2022. Cheryl L. Johnson, Clerk.

tv_txt: IIB 117th CONGRESS 2d Session H. R. 2724 IN THE SENATE OF THE UNITED STATES May 19 (legislative day, May 17), 2022 Received; read twice and referred to the Committee on Veterans' Affairs AN ACT To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to provide for peer support specialists for claimants who are survivors of military sexual trauma, and for other purposes.

1. Improvements to the processing of claims by veterans for compensation for certain mental health conditions based on military sexual trauma (a) In general Section 1166 of title 38, United States Code, is amended— (1) by striking or air service both places it appears and inserting air, or space service ; (2) in subsection (a)— (A) in the heading, by striking In general and inserting Processing ; (B) by inserting (1) before The Secretary ; and (C) by adding at the end the following new paragraphs: (2) A peer support specialist of the Department— (A) shall not be responsible for providing any assistance to a veteran regarding a claim described in paragraph (1), other than counseling services, guidance, and support, pursuant to duties determined by the Under Secretary for Health; and (B) shall not participate in the adjudication of such a claim. ; (3) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; (4) by inserting, after subsection (a), the following new subsection (b): (b) Referrals to MST coordinators The Secretary shall include, in forms for claims described in subsection (a), an option for a veteran to elect to be referred to a military sexual trauma coordinator of the Veterans Health Administration at the facility of the Department nearest to the residence of such veteran. ; and (5) in subsection (c), as redesignated— (A) by inserting (1) before The Secretary ; and (B) by adding at the end the following new paragraphs: (2) The Secretary shall ensure that peer support specialists of the Department receive annual training on how to provide peer support regarding military sexual trauma. (3) The Secretary shall provide annual training, regarding the processing of claims described in subsection (a), to the following individuals: (A) Military sexual trauma coordinators of the Veterans Health Administration. (B) Peer support specialists of the Department. ; (b) Clerical amendments (1) Section heading The heading of such section is amended by striking Specialized teams to evaluate claims and inserting Claims . (2) Table of sections The table of sections at the beginning of chapter 11 of such title is amended by striking the item relating to section 1166 and inserting the following: 1166. Claims involving military sexual trauma. .

Passed the House of Representatives May 18, 2022. Cheryl L. Johnson, Clerk.

tv_txt: I One Hundred Seventeenth Congress of the United States of America At the Second Session Begun and held at the City of Washington on Monday, the third day of January, two thousand and twenty-two H. R. 2724 AN ACT To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to provide for peer support specialists for claimants who are survivors of military sexual trauma, and for other purposes.

1. Improvements to the processing of claims by veterans for compensation for certain mental health conditions based on military sexual trauma (a) In general Section 1166 of title 38, United States Code, is amended— (1) by striking or air service both places it appears and inserting air, or space service ; (2) in subsection (a)— (A) in the heading, by striking In general and inserting Processing ; (B) by inserting (1) before The Secretary ; and (C) by adding at the end the following new paragraphs: (2) A peer support specialist of the Department— (A) shall not be responsible for providing any assistance to a veteran regarding a claim described in paragraph (1), other than counseling services, guidance, and support, pursuant to duties determined by the Under Secretary for Health; and (B) shall not participate in the adjudication of such a claim. ; (3) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; (4) by inserting, after subsection (a), the following new subsection (b): (b) Referrals to MST coordinators The Secretary shall include, in forms for claims described in subsection (a), an option for a veteran to elect to be referred to a military sexual trauma coordinator of the Veterans Health Administration at the facility of the Department nearest to the residence of such veteran. ; and (5) in subsection (c), as redesignated— (A) by inserting (1) before The Secretary ; and (B) by adding at the end the following new paragraphs: (2) The Secretary shall ensure that peer support specialists of the Department receive annual training on how to provide peer support regarding military sexual trauma. (3) The Secretary shall provide annual training, regarding the processing of claims described in subsection (a), to the following individuals: (A) Military sexual trauma coordinators of the Veterans Health Administration. (B) Peer support specialists of the Department. ; (b) Clerical amendments (1) Section heading The heading of such section is amended by striking Specialized teams to evaluate claims and inserting Claims . (2) Table of sections The table of sections at the beginning of chapter 11 of such title is amended by striking the item relating to section 1166 and inserting the following: 1166. Claims involving military sexual trauma. .

Speaker of the House of Representatives. Vice President of the United States and President of the Senate.