S. 514, Deborah Sampson Act
Summary
S. 514, the Deborah Sampson Act, was introduced February 14, 2019 by Mr. Tester (for himself and other Senators) and reported with an amendment September 15, 2020. It would amend title 38, United States Code, to improve the benefits and services provided by the Department of Veterans Affairs to women veterans. Title I covers reintegration and readjustment services in group retreat settings and text messaging for the Women Veterans Call Center. Title II addresses legal services, supportive services for veteran families, and homelessness. Title III extends eligibility for care for newborn children, and Title IV includes the Women Veterans Retrofit Initiative.
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Cite this document
“S. 514, Deborah Sampson Act.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116s514rs-bills-116s514rs/
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II
Calendar No. 536
116TH CONGRESS
2D SESSION
S. 514
To amend title 38, United States Code, to improve the benefits and services
provided by the Department of Veterans Affairs to women veterans,
and for other purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 14, 2019
Mr. TESTER (for himself, Mr. BOOZMAN, Mrs. CAPITO, Mrs. BLACKBURN, Ms.
STABENOW, Mr. SCHATZ, Ms. SINEMA, Ms. WARREN, Mr. MENENDEZ,
Ms. HASSAN, Mr. REED, Mr. WHITEHOUSE, Ms. BALDWIN, Ms.
DUCKWORTH, Mr. BLUMENTHAL, Mrs. SHAHEEN, Mrs. MURRAY, Ms.
CORTEZ MASTO, Mr. VAN HOLLEN, Ms. HARRIS, Mrs. GILLIBRAND, Mr.
MERKLEY, Mr. BOOKER, Mr. CASEY, Mr. BROWN, Mr. PETERS, Mrs.
FEINSTEIN, Mr. SANDERS, Ms. MCSALLY, Mr. MARKEY, Mr. SULLIVAN,
Mr. KING, Ms. SMITH, Mr. KAINE, Ms. HIRONO, Mr. MORAN, Mr.
CRAMER, Mr. COONS, Ms. KLOBUCHAR, Mr. CORNYN, Mr. DURBIN, Mr.
WARNER, Mr. JONES, Ms. ROSEN, Ms. COLLINS, Mr. WYDEN, Ms. MUR-
KOWSKI, Mr. GARDNER, Mr. MANCHIN, and Mr. BENNET) introduced the
following bill; which was read twice and referred to the Committee on
Veterans’ Affairs
SEPTEMBER 15, 2020
Reported by Mr. MORAN, with an amendment
[Strike out all after the enacting clause and insert the part printed in italic]
A BILL
To amend title 38, United States Code, to improve the
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benefits and services provided by the Department of Vet-
erans Affairs to women veterans, and for other purposes.
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2
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
4 (a) SHORT TITLE.—This Act may be cited as the
5 ‘‘Deborah Sampson Act’’.
6 (b) TABLE OF CONTENTS.—The table of contents for
7 this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—READJUSTMENT AND RELATED ASSISTANCE
Sec. 101. Provision of reintegration and readjustment services to veterans and
family members in group retreat settings.
Sec. 102. Expansion of capabilities of Women Veterans Call Center to include
text messaging.
TITLE II—LEGAL AND SUPPORTIVE SERVICES
Sec. 201. Department of Veterans Affairs public-private partnership on legal
services for women veterans.
Sec. 202. Additional amount for Supportive Services for Veteran Families grant
program to support organizations that have a focus on pro-
viding assistance to women veterans and their families.
Sec. 203. Gap analysis of Department of Veterans Affairs programs that pro-
vide assistance to women veterans who are homeless.
TITLE III—NEWBORN CARE
Sec. 301. Extension of period of eligibility for care for newborn children from
the Department of Veterans Affairs.
TITLE IV—ELIMINATING BARRIERS TO ACCESS
Sec. 401. Women Veterans Retrofit Initiative.
Sec. 402. Staffing of women’s health primary care providers at medical facili-
ties of the Department of Veterans Affairs.
Sec. 403. Additional funding for primary care and emergency care clinicians in
Women Veterans Health Care Mini-Residency Program.
Sec. 404. Establishment of women veteran training module for non-Department
of Veterans Affairs health care providers.
Sec. 405. Study on staffing of Women Veteran Program Manager program at
medical centers of the Department of Veterans Affairs and
training of staff.
TITLE V—DATA COLLECTION AND REPORTING
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Sec. 501. Requirement for collection and analysis of data on Department of
Veterans Affairs benefits and services and disaggregation of
such data by sex and minority status.
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Sec. 502. Report on availability of prosthetics for women veterans from the De-
partment of Veterans Affairs.
Sec. 503. Requirement for Department of Veterans Affairs internet website to
provide information on services available to women veterans.
Sec. 504. Report on locations where women veterans are using health care from
Department of Veterans Affairs.
Sec. 505. Report on models of medical facilities of Department of Veterans Af-
fairs for the treatment of women.
Sec. 506. Report on staffing of Department of Veterans relating to the treat-
ment of women.
1 TITLE I—READJUSTMENT AND
2 RELATED ASSISTANCE
3 SEC. 101. PROVISION OF REINTEGRATION AND READJUST-
4 MENT SERVICES TO VETERANS AND FAMILY
5 MEMBERS IN GROUP RETREAT SETTINGS.
6 (a) IN GENERAL.—Section 1712A of title 38, United
7 States Code, is amended—
8 (1) in subsection (a)(1)(B)—
9 (A) in clause (ii), by redesignating sub-
10 clauses (I) and (II) as items (aa) and (bb);
11 (B) by redesignating clauses (i) and (ii) as
12 subclauses (I) and (II);
13 (C) in the matter preceding subclause (I),
14 as redesignated by subparagraph (B), by strik-
15 ing ‘‘Counseling’’ and inserting ‘‘(i) Coun-
16 seling’’; and
17 (D) by adding at the end the following new
18 clause:
19 ‘‘(ii)(I) Except as provided in subclause (IV), coun-
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20 seling furnished to an individual under subparagraph (A)
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1 may include reintegration and readjustment services de-
2 scribed in subclause (II) furnished in group retreat set-
3 tings.
4 ‘‘(II) Reintegration and readjustment services de-
5 scribed in this subclause are the following:
6 ‘‘(aa) Information on reintegration of the indi-
7 vidual into family, employment, and community.
8 ‘‘(bb) Financial counseling.
9 ‘‘(cc) Occupational counseling.
10 ‘‘(dd) Information and counseling on stress re-
11 duction.
12 ‘‘(ee) Information and counseling on conflict
13 resolution.
14 ‘‘(ff) Such other information and counseling as
15 the Secretary considers appropriate to assist the in-
16 dividual in reintegration into family, employment,
17 and community.
18 ‘‘(III) In furnishing reintegration and readjustment
19 services under subclause (I), the Secretary shall offer
20 women the opportunity to receive such services in group
21 retreat settings in which the only participants are women.
22 ‘‘(IV) An individual referred to in subparagraph
23 (C)(v) may receive reintegration and readjustment services
24 under subclause (I) only if the individual receives such
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1 services with a family member described in subclause (I)
2 or (II) of such subparagraph.’’.
3 (b) REQUEST FOR SERVICES.—Subsection (a)(2) of
4 such section is amended—
5 (1) by striking ‘‘Upon’’ and inserting ‘‘(A)
6 Upon’’;
7 (2) by striking ‘‘paragraph (1)(B)’’ and insert-
8 ing ‘‘paragraph (1)(B)(i)’’; and
9 (3) by adding at the end the following new sub-
10 paragraph:
11 ‘‘(B) Upon the request of an individual described in
12 paragraph (1)(C), the Secretary shall furnish the indi-
13 vidual reintegration and readjustment services in group
14 retreat settings under paragraph (1)(B)(ii).’’.
15 SEC. 102. EXPANSION OF CAPABILITIES OF WOMEN VET-
16 ERANS CALL CENTER TO INCLUDE TEXT MES-
17 SAGING.
18 The Secretary of Veterans Affairs shall expand the
19 capabilities of the Women Veterans Call Center of the De-
20 partment of Veterans Affairs to include a text messaging
21 capability.
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1 TITLE II—LEGAL AND
2 SUPPORTIVE SERVICES
3 SEC. 201. DEPARTMENT OF VETERANS AFFAIRS PUBLIC-
4 PRIVATE PARTNERSHIP ON LEGAL SERVICES
5 FOR WOMEN VETERANS.
6 (a) PARTNERSHIP REQUIRED.—The Secretary of
7 Veterans Affairs shall establish a partnership with at least
8 one nongovernmental organization to provide legal services
9 to women veterans.
10 (b) FOCUS.—The focus of the partnership established
11 under subsection (a) shall be on the 10 highest unmet
12 needs of women veterans as set forth in the most recently
13 completed Community Homelessness Assessment, Local
14 Education and Networking Groups for Veterans
15 (CHALENG for Veterans) survey.
16 SEC. 202. ADDITIONAL AMOUNT FOR SUPPORTIVE SERV-
17 ICES FOR VETERAN FAMILIES GRANT PRO-
18 GRAM TO SUPPORT ORGANIZATIONS THAT
19 HAVE A FOCUS ON PROVIDING ASSISTANCE
20 TO WOMEN VETERANS AND THEIR FAMILIES.
21 Section 2044(e) of title 38, United States Code, is
22 amended—
23 (1) in paragraph (1), by adding at the end the
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24 following new subparagraph:
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1 ‘‘(F) $400,000,000 for each of fiscal years
2 2020 through 2022.’’; and
3 (2) by adding at the end the following new
4 paragraph:
5 ‘‘(4) Not less than $20,000,000 shall be available
6 under paragraph (1)(H) for the provision of financial as-
7 sistance under subsection (a) to organizations that have
8 a focus on providing assistance to women veterans and
9 their families.’’.
10 SEC. 203. GAP ANALYSIS OF DEPARTMENT OF VETERANS
11 AFFAIRS PROGRAMS THAT PROVIDE ASSIST-
12 ANCE TO WOMEN VETERANS WHO ARE HOME-
13 LESS.
14 (a) IN GENERAL.—The Secretary of Veterans Affairs
15 shall complete an analysis of programs of the Department
16 of Veterans Affairs that provide assistance to women vet-
17 erans who are homeless or precariously housed to identify
18 the areas in which such programs are failing to meet the
19 needs of such women.
20 (b) REPORT.—Not later than 270 days after the date
21 of the enactment of this Act, the Secretary shall submit
22 to the Committee on Veterans’ Affairs of the Senate and
23 the Committee on Veterans’ Affairs of the House of Rep-
24 resentatives a report on the analysis completed under sub-
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25 section (a).
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1 TITLE III—NEWBORN CARE
2 SEC. 301. EXTENSION OF PERIOD OF ELIGIBILITY FOR
3 CARE FOR NEWBORN CHILDREN FROM THE
4 DEPARTMENT OF VETERANS AFFAIRS.
5 Section 1786(a) of title 38, United States Code, is
6 amended, in the matter preceding paragraph (1), by strik-
7 ing ‘‘seven days’’ and inserting ‘‘14 days’’.
8 TITLE IV—ELIMINATING
9 BARRIERS TO ACCESS
10 SEC. 401. WOMEN VETERANS RETROFIT INITIATIVE.
11 (a) IN GENERAL.—The Secretary of Veterans Affairs
12 shall retrofit existing medical facilities of the Department
13 of Veterans Affairs with fixtures, materials, and other out-
14 fitting measures to support the provision of care to women
15 veterans at such facilities.
16 (b) PLAN.—Not later than 180 days after the date
17 of the enactment of this Act, the Secretary shall submit
18 to the Committee on Veterans’ Affairs of the Senate and
19 the Committee on Veterans’ Affairs of the House of Rep-
20 resentatives a plan to address deficiencies in environment
21 of care for women veterans at medical facilities of the De-
22 partment.
23 (c) AUTHORIZATION OF APPROPRIATIONS.—There is
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24 authorized to be appropriated to the Secretary
25 $20,000,000 to carry out subsection (a) in addition to
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1 amounts otherwise made available to the Secretary for the
2 purposes set forth in such subsection.
3 SEC. 402. STAFFING OF WOMEN’S HEALTH PRIMARY CARE
4 PROVIDERS AT MEDICAL FACILITIES OF THE
5 DEPARTMENT OF VETERANS AFFAIRS.
6 The Secretary of Veterans Affairs shall ensure that
7 each medical facility of the Department of Veterans Af-
8 fairs has not fewer than one full-time or part-time wom-
9 en’s health primary care provider whose duties include, to
10 the extent possible, providing training to other health care
11 providers of the Department on the needs of women vet-
12 erans.
13 SEC. 403. ADDITIONAL FUNDING FOR PRIMARY CARE AND
14 EMERGENCY CARE CLINICIANS IN WOMEN
15 VETERANS HEALTH CARE MINI-RESIDENCY
16 PROGRAM.
17 (a) IN GENERAL.—There is authorized to be appro-
18 priated to the Secretary of Veterans Affairs $1,000,000
19 for each fiscal year for the Women Veterans Health Care
20 Mini-Residency Program of the Department of Veterans
21 Affairs to provide opportunities for participation in such
22 program for primary care and emergency care clinicians.
23 (b) TREATMENT OF AMOUNTS.—The amounts au-
24 thorized to be appropriated under subsection (a) shall be
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1 in addition to amounts otherwise made available to the
2 Secretary for the purposes set forth in such subsection.
3 SEC. 404. ESTABLISHMENT OF WOMEN VETERAN TRAINING
4 MODULE FOR NON-DEPARTMENT OF VET-
5 ERANS AFFAIRS HEALTH CARE PROVIDERS.
6 (a) IN GENERAL.—Not later than one year after the
7 date of the enactment of this Act, the Secretary of Vet-
8 erans Affairs shall establish and make available to commu-
9 nity providers a training module that is specific to women
10 veterans.
11 (b) COMMUNITY PROVIDER DEFINED.—In this sec-
12 tion, the term ‘‘community provider’’ means a non-Depart-
13 ment of Veterans Affairs health care provider who pro-
14 vides health care to veterans under the laws administered
15 by the Secretary of Veterans Affairs.
16 SEC. 405. STUDY ON STAFFING OF WOMEN VETERAN PRO-
17 GRAM MANAGER PROGRAM AT MEDICAL
18 CENTERS OF THE DEPARTMENT OF VET-
19 ERANS AFFAIRS AND TRAINING OF STAFF.
20 (a) STUDY.—The Secretary of Veterans Affairs shall
21 conduct a study on the use of the Women Veteran Pro-
22 gram Manager program of the Department of Veterans
23 Affairs to determine—
24 (1) if the program is appropriately staffed at
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25 each medical center of the Department;
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1 (2) whether each medical center of the Depart-
2 ment is staffed with a Women Veteran Program
3 Manager; and
4 (3) whether it would be feasible and advisable
5 to have a Women Veteran Program Ombudsman at
6 each medical center of the Department.
7 (b) REPORT.—Not later than 270 days after the date
8 of the enactment of this Act, the Secretary shall submit
9 to the Committee on Veterans’ Affairs of the Senate and
10 the Committee on Veterans’ Affairs of the House of Rep-
11 resentatives a report on the study conducted under sub-
12 section (a).
13 (c) TRAINING.—The Secretary shall ensure that all
14 Women Veteran Program Managers and Women Veteran
15 Program Ombudsmen receive the proper training to carry
16 out their duties.
17 TITLE V—DATA COLLECTION
18 AND REPORTING
19 SEC. 501. REQUIREMENT FOR COLLECTION AND ANALYSIS
20 OF DATA ON DEPARTMENT OF VETERANS AF-
21 FAIRS BENEFITS AND SERVICES AND DISAG-
22 GREGATION OF SUCH DATA BY SEX AND MI-
23 NORITY STATUS.
24 The Secretary of Veterans Affairs shall—
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1 (1) collect and analyze data on each program of
2 the Department of Veterans Affairs that provides a
3 service or benefit to a veteran, including the pro-
4 gram carried out under section 1144 of title 10,
5 United States Code;
6 (2) disaggregate such data by sex and minority
7 status, when the data lends itself to such disaggre-
8 gation; and
9 (3) publish the data collected and analyzed
10 under paragraph (1), except for such cases in which
11 the Secretary determines that some portions of the
12 data would undermine the anonymity of a veteran.
13 SEC. 502. REPORT ON AVAILABILITY OF PROSTHETICS FOR
14 WOMEN VETERANS FROM THE DEPARTMENT
15 OF VETERANS AFFAIRS.
16 Not later than one year after the date of the enact-
17 ment of this Act, the Secretary of Veterans Affairs shall
18 submit to the Committee on Veterans’ Affairs of the Sen-
19 ate and the Committee on Veterans’ Affairs of the House
20 of Representatives a report on the availability from the
21 Department of Veterans Affairs of prosthetics made for
22 women veterans, including an assessment of the avail-
23 ability of such prosthetics at each medical facility of the
24 Department.
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1 SEC. 503. REQUIREMENT FOR DEPARTMENT OF VETERANS
2 AFFAIRS INTERNET WEBSITE TO PROVIDE IN-
3 FORMATION ON SERVICES AVAILABLE TO
4 WOMEN VETERANS.
5 (a) IN GENERAL.—The Secretary of Veterans Affairs
6 shall survey the internet websites and information re-
7 sources of the Department of Veterans Affairs in effect
8 on the day before the date of the enactment of this Act
9 and publish an internet website that serves as a central-
10 ized source for the provision to women veterans of infor-
11 mation about the benefits and services available to them
12 under laws administered by the Secretary.
13 (b) ELEMENTS.—The internet website published
14 under subsection (a) shall provide to women veterans in-
15 formation regarding all of the services available in the dis-
16 trict in which that the veteran is seeking such services,
17 including, with respect to each medical center and commu-
18 nity-based outpatient clinic in the applicable Veterans In-
19 tegrated Service Network—
20 (1) the name and contact information of each
21 women’s health coordinator;
22 (2) a list of appropriate staff for other benefits
23 available from the Veterans Benefits Administration,
24 the National Cemetery Administration, and such
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25 other entities as the Secretary considers appropriate;
26 and
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1 (3) such other information as the Secretary
2 considers appropriate.
3 (c) UPDATED INFORMATION.—The Secretary shall
4 ensure that the information described in subsection (b)
5 that is published on the internet website required by sub-
6 section (a) is updated not less frequently than once every
7 90 days.
8 (d) OUTREACH.—In carrying out this section, the
9 Secretary shall ensure that the outreach conducted under
10 section 1720F(i) of title 38, United States Code, includes
11 information regarding the internet website required by
12 subsection (a).
13 (e) DERIVATION OF FUNDS.—Amounts used by the
14 Secretary to carry out this section shall be derived from
15 amounts made available to the Secretary to publish inter-
16 net websites of the Department.
17 SEC. 504. REPORT ON LOCATIONS WHERE WOMEN VET-
18 ERANS ARE USING HEALTH CARE FROM DE-
19 PARTMENT OF VETERANS AFFAIRS.
20 (a) IN GENERAL.—Not later than 90 days after the
21 date of the enactment of this Act, and annually thereafter,
22 the Secretary of Veterans Affairs shall submit to the Com-
23 mittee on Veterans’ Affairs of the Senate and the Com-
24 mittee on Veterans’ Affairs of the House of Representa-
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1 tives a report on the use by women veterans of health care
2 from the Department of Veterans Affairs.
3 (b) ELEMENTS.—Each report required by subsection
4 (a) shall include the following information:
5 (1) The number of women veterans who reside
6 in each State.
7 (2) The number of women veterans in each
8 State who are enrolled in the system of patient en-
9 rollment of the Department established and operated
10 under section 1705(a) of title 38, United States
11 Code.
12 (3) Of the women veterans who are so enrolled,
13 the number who have received health care under the
14 laws administered by the Secretary at least one time
15 during the one-year period preceding the submittal
16 of the report.
17 (4) The number of women veterans who have
18 been seen at each medical facility of the Department
19 during such year.
20 (5) The number of appointments that women
21 veterans have had at each such facility during such
22 year.
23 (6) If known, an identification of the medical
24 facility of the Department in each Veterans Inte-
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25 grated Service Network with the largest rate of in-
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1 crease in patient population of women veterans as
2 measured by the increase in unique women veteran
3 patient use.
4 (7) If known, an identification of the medical
5 facility of the Department in each Veterans Inte-
6 grated Service Network with the largest rate of de-
7 crease in patient population of women veterans as
8 measured by the decrease in unique women veterans
9 patient use.
10 SEC. 505. REPORT ON MODELS OF MEDICAL FACILITIES OF
11 DEPARTMENT OF VETERANS AFFAIRS FOR
12 THE TREATMENT OF WOMEN.
13 (a) IN GENERAL.—Not later than 90 days after the
14 date of the enactment of this Act, and annually thereafter,
15 the Secretary of Veterans Affairs shall submit to the Com-
16 mittee on Veterans’ Affairs of the Senate and the Com-
17 mittee on Veterans’ Affairs of the House of Representa-
18 tives a report on the use by the Department of Veterans
19 Affairs of general primary care clinics, separate but
20 shared spaces, and women’s health centers as models of
21 providing health care to women veterans.
22 (b) ELEMENTS.—Each report required by subsection
23 (a) shall include the following:
24 (1) The number of facilities of the Department
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25 that fall into each model described in subsection (a),
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1 disaggregated by Veterans Integrated Service Net-
2 work and State.
3 (2) A description of the criteria used by the De-
4 partment to determine which such model is most ap-
5 propriate for each facility of the Department.
6 (3) An assessment of how the Department de-
7 cides to make investments to upgrade facilities to
8 the next higher-level model.
9 (4) A description of what, if any, plans the De-
10 partment has to upgrade facilities from the lowest-
11 level model, general primary care clinics, to another
12 model.
13 (5) An assessment of whether any facilities
14 could be upgraded to the next higher-level model
15 within planned investments under the strategic cap-
16 ital investment planning process of the Department.
17 (6) An assessment of whether any facilities
18 could be upgraded to the next higher-level model
19 with minor modifications to existing plans under the
20 strategic capital investment planning process of the
21 Department.
22 (7) An assessment of whether the Department
23 has a goal for how many facilities should fall into
24 each such model.
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1 SEC. 506. REPORT ON STAFFING OF DEPARTMENT OF VET-
2 ERANS RELATING TO THE TREATMENT OF
3 WOMEN.
4 (a) IN GENERAL.—Not later than 90 days after the
5 date of the enactment of this Act, and annually thereafter,
6 the Secretary of Veterans Affairs shall submit to the Com-
7 mittee on Veterans’ Affairs of the Senate and the Com-
8 mittee on Veterans’ Affairs of the House of Representa-
9 tives a report on the staffing of the Department of Vet-
10 erans Affairs relating to the treatment of women.
11 (b) ELEMENTS.—Each report required by subsection
12 (a) shall include the following, disaggregated by Veterans
13 Integrated Service Network and State (except with respect
14 to paragraph (4)):
15 (1) The number of women’s health centers.
16 (2) The number of patient aligned care teams
17 of the Department relating to women’s health.
18 (3) The number of full- and part-time gyne-
19 cologists of the Department.
20 (4) The number of designated women’s health
21 care providers of the Department, disaggregated by
22 facility of the Department.
23 (5) The number of health care providers of the
24 Department who have completed a mini-residency
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25 for women’s health care through Women Veterans
26 Health Care Mini-Residency Program of the Depart-
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1 ment during the one-year period preceding the sub-
2 mittal of the report, and the number that plan to
3 participate in such a mini-residency during the one-
4 year period following such date.
5 (6) The number of designated women’s health
6 care providers of the Department who have suffi-
7 cient female patients to retain their competencies
8 and proficiencies.
9 SECTION 1. SHORT TITLE.
10 (a) SHORT TITLE.—This Act may be cited as the
11 ‘‘Deborah Sampson Act’’.
12 (b) TABLE OF CONTENTS.—The table of contents for
13 this Act is as follows:
Sec. 1. Short title.
TITLE I—IMPROVING ACCESS FOR WOMEN VETERANS TO THE
DEPARTMENT OF VETERANS AFFAIRS
Sec. 101. Office of Women’s Health in Department of Veterans Affairs.
Sec. 102. Women veterans retrofit initiative.
Sec. 103. Establishment of environment of care standards and inspections at De-
partment of Veterans Affairs medical centers.
Sec. 104. Provision of reintegration and readjustment services to veterans and
family members in group retreat settings.
Sec. 105. Provision of legal services for women veterans.
Sec. 106. Comptroller General surveys and report on supportive services provided
for very low-income women veterans.
Sec. 107. Programs on assistance for child care for certain veterans.
Sec. 108. Availability of prosthetics for women veterans from Department of Vet-
erans Affairs.
Sec. 109. Requirement to improve Department of Veterans Affairs women vet-
erans call center.
Sec. 110. Facilitation of reproduction and infertility research.
Sec. 111. Information for members of the Armed Forces regarding availability of
services provided by Department of Veterans Affairs.
Sec. 112. Sense of Congress on access to facilities of Department of Veterans Af-
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TITLE II—INCREASING STAFF CULTURAL COMPETENCY
Sec. 201. Staffing of women’s health primary care providers at medical facilities
of Department of Veterans Affairs.
Sec. 202. Additional funding for primary care and emergency care clinicians in
Women Veterans Health Care Mini-Residency Program.
Sec. 203. Establishment of women veteran training module for non-Department
of Veterans Affairs health care providers.
Sec. 204. Study on staffing of women veteran program manager program at med-
ical centers of Department of Veterans Affairs and training of
staff.
Sec. 205. Study on Women Veteran Coordinator program.
Sec. 206. Staffing improvement plan for peer specialists of Department of Vet-
erans Affairs who are women.
TITLE III—ELIMINATING HARASSMENT AND ASSAULT
Sec. 301. Expansion of coverage by Department of Veterans Affairs of counseling
and treatment for sexual trauma.
Sec. 302. Assessment of effects of intimate partner violence on women veterans by
Advisory Committee on Women Veterans.
Sec. 303. Anti-harassment and anti-sexual assault policy of Department of Vet-
erans Affairs.
Sec. 304. Pilot program on assisting veterans who experience intimate partner vi-
olence or sexual assault.
Sec. 305. Study and task force on veterans experiencing intimate partner violence
or sexual assault.
TITLE IV—DATA COLLECTION AND REPORTING
Sec. 401. Requirement for collection and analysis of data on Department of Vet-
erans Affairs benefits and services and disaggregation of such
data by gender, race, and ethnicity.
Sec. 402. Study on barriers for women veterans to receipt of health care from De-
partment of Veterans Affairs.
Sec. 403. Study on feasibility and advisability of offering Parenting STAIR pro-
gram at all medical centers of Department of Veterans Affairs.
Sec. 404. Gap analysis of Department of Veterans Affairs programs that provide
assistance to women veterans who are homeless.
TITLE V—BENEFITS MATTERS
Sec. 501. Standard of proof for service-connection of mental health conditions re-
lated to military sexual trauma.
Sec. 502. Choice of sex of Department of Veterans Affairs medical examiner for
assessment of claims for compensation relating to disability re-
sulting from physical assault of a sexual nature, battery of a
sexual nature, or sexual harassment.
Sec. 503. Secretary of Veterans Affairs report on implementing recommendations
of Inspector General of Department of Veterans Affairs in cer-
tain report on denied posttraumatic stress disorder claims re-
lated to military sexual trauma.
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1 TITLE I—IMPROVING ACCESS
2 FOR WOMEN VETERANS TO
3 THE DEPARTMENT OF VET-
4 ERANS AFFAIRS
5 SEC. 101. OFFICE OF WOMEN’S HEALTH IN DEPARTMENT OF
6 VETERANS AFFAIRS.
7 (a) CHIEF OFFICER OF WOMEN’S HEALTH.—Sub-
8 section (a) of section 7306 of title 38, United States Code,
9 is amended—
10 (1) by redesignating paragraph (10) as para-
11 graph (11); and
12 (2) by inserting after paragraph (9) the fol-
13 lowing new paragraph (10):
14 ‘‘(10) The Chief Officer of Women’s Health.’’.
15 (b) ORGANIZATION OF OFFICE AND ANNUAL RE-
16 PORTS.—
17 (1) IN GENERAL.—Subchapter I of chapter 73 of
18 title 38, United States Code, is amended by adding
19 at the end of the following new sections:
20 ‘‘§ 7310. Office of Women’s Health
21 ‘‘(a) ESTABLISHMENT.—(1) The Under Secretary for
22 Health shall establish and operate in the Veterans Health
23 Administration the Office of Women’s Health (in this sec-
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24 tion referred to as the ‘Office’).
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1 ‘‘(2) The Office shall be located at the Central Office
2 of the Department of Veterans Affairs.
3 ‘‘(3)(A) The head of the Office is the Chief Officer of
4 Women’s Health (in this section referred to as the ‘Chief
5 Officer’).
6 ‘‘(B) The Chief Officer shall report to the Under Sec-
7 retary for Health.
8 ‘‘(4) The Under Secretary for Health shall provide the
9 Office with such staff and other support as may be nec-
10 essary for the Office to carry out effectively the functions
11 of the Office under this section.
12 ‘‘(5) The Under Secretary for Health may reorganize
13 existing offices within the Veterans Health Administration
14 as of the date of the enactment of this section in order to
15 avoid duplication with the functions of the Office.
16 ‘‘(b) FUNCTIONS.—The functions of the Office include
17 the following:
18 ‘‘(1) To provide a central office for monitoring
19 and encouraging the activities of the Veterans Health
20 Administration with respect to the provision, evalua-
21 tion, and improvement of health care services pro-
22 vided to women veterans by the Department.
23 ‘‘(2) To develop and implement standards of care
24 for the provision of health care for women veterans by
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1 ‘‘(3) To monitor and identify deficiencies in
2 standards of care for the provision of health care for
3 women veterans by the Department, to provide tech-
4 nical assistance to medical facilities of the Depart-
5 ment to address and remedy deficiencies, and to per-
6 form oversight of implementation of such standards of
7 care.
8 ‘‘(4) To monitor and identify deficiencies in
9 standards of care for the provision of health care for
10 women veterans provided through the community
11 pursuant to this title and to provide recommendations
12 to the appropriate office to address and remedy any
13 deficiencies.
14 ‘‘(5) To oversee distribution of resources and in-
15 formation related to health programming for women
16 veterans under this title.
17 ‘‘(6) To promote the expansion and improvement
18 of clinical, research, and educational activities of the
19 Veterans Health Administration with respect to the
20 health care of women veterans.
21 ‘‘(7) To provide, as part of the annual budgeting
22 process, recommendations with respect to the amounts
23 to be requested for furnishing hospital care and med-
24 ical services to women veterans pursuant to chapter
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25 17 of this title, including, at a minimum, rec-
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1 ommendations that ensure that such amounts either
2 reflect or exceed the proportion of veterans enrolled in
3 the system of patient enrollment of the Department
4 established and operated under section 1705(a) of this
5 title who are women.
6 ‘‘(8) To provide recommendations to the Under
7 Secretary for Health with respect to modifying the
8 Veterans Equitable Resource Allocation system, or
9 successor system, to ensure that resource allocations
10 under such system, or successor system, reflect the
11 health care needs of women veterans.
12 ‘‘(9) To carry out such other duties as the Under
13 Secretary for Health may require.
14 ‘‘(c) RECOMMENDATIONS.—(1) If the Under Secretary
15 for Health determines not to implement any recommenda-
16 tion made by the Chief Officer with respect to the allocation
17 of resources to address the health care needs of women vet-
18 erans, the Secretary shall notify the appropriate congres-
19 sional committees of such determination by not later than
20 30 days after the date on which the Under Secretary for
21 Health receives the recommendation.
22 ‘‘(2) Each notification under paragraph (1) relating
23 to a determination with respect to a recommendation shall
24 include the following:
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1 ‘‘(A) The reasoning of the Under Secretary for
2 Health in making the determination.
3 ‘‘(B) An alternative, if one is selected, to the rec-
4 ommendation that the Under Secretary for Health
5 will carry out to fulfill the health care needs of
6 women veterans.
7 ‘‘(d) STANDARDS OF CARE.—For purposes of carrying
8 out the functions of the Office under this section, the stand-
9 ards of care for the provision of health care for women vet-
10 erans from the Department shall include, at a minimum,
11 the following:
12 ‘‘(1) A requirement for—
13 ‘‘(A) at least one designated women’s health
14 primary care provider at each medical center of
15 the Department whose duties include, to the ex-
16 tent practicable, providing training to other
17 health care providers of the Department with re-
18 spect to the needs of women veterans; and
19 ‘‘(B) at least one designated women’s health
20 primary care provider at each community-based
21 outpatient clinic of the Department who may
22 serve women patients as a percentage of the total
23 duties of the provider.
24 ‘‘(2) Other requirements as determined by the
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25 Under Secretary for Health.
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1 ‘‘(e) OUTREACH.—The Chief Officer shall ensure
2 that—
3 ‘‘(1) not less frequently than biannually, each
4 medical facility of the Department holds a public
5 forum for women veterans that occurs outside of reg-
6 ular business hours; and
7 ‘‘(2) not less frequently than quarterly, each
8 medical facility of the Department convenes a focus
9 group of women veterans that includes a discussion of
10 harassment occurring at such facility.
11 ‘‘(f) DEFINITIONS.—In this section:
12 ‘‘(1) The term ‘appropriate congressional com-
13 mittees’ has the meaning given that term in section
14 7310A(h) of this title.
15 ‘‘(2) The term ‘facility of the Department’ has
16 the meaning given the term ‘facilities of the Depart-
17 ment’ in section 1701(3) of this title.
18 ‘‘(3) The term ‘Veterans Equitable Resource Allo-
19 cation system’ means the resource allocation system
20 established pursuant to section 429 of the Depart-
21 ments of Veterans Affairs and Housing and Urban
22 Development, and Independent Agencies Appropria-
23 tions Act, 1997 (Public Law 104–204; 110 Stat.
24 2929).
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1 ‘‘§ 7310A. Annual reports on women’s health
2 ‘‘(a) ANNUAL REPORTS.—Not later than December 1
3 of each year, the Chief Officer of Women’s Health shall sub-
4 mit to the appropriate congressional committees a report
5 containing the matters under subsections (b) through (g).
6 ‘‘(b) OFFICE OF WOMEN’S HEALTH.—Each report
7 under subsection (a) shall include a description of—
8 ‘‘(1) actions taken by the Office of Women’s
9 Health established under section 7310 of this title in
10 the preceding fiscal year to improve the provision of
11 health care by the Department to women veterans;
12 ‘‘(2) any identified deficiencies related to the
13 provision of health care by the Department to women
14 veterans and the standards of care established in such
15 section and the plan of the Department to address
16 such deficiencies;
17 ‘‘(3) the funding and personnel provided to the
18 Office and whether additional funding or personnel
19 are needed to meet the requirements of such section;
20 and
21 ‘‘(4) other information that would be of interest
22 to the appropriate congressional committees with re-
23 spect to oversight of the provision of health care by
24 the Department to women veterans.
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25 ‘‘(c) ACCESS TO GENDER-SPECIFIC SERVICES.—(1)
26 Each report under subsection (a) shall include an analysis
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1 of the access of women veterans to gender-specific services
2 under contracts, agreements, or other arrangements with
3 non-Department medical providers entered into by the Sec-
4 retary for the provision of hospital care or medical services
5 to veterans.
6 ‘‘(2) The analysis under paragraph (1) shall include
7 data and performance measures for the availability of gen-
8 der-specific services described in such paragraph, includ-
9 ing—
10 ‘‘(A) the average wait time between the preferred
11 appointment date of the veteran and the date on
12 which the appointment is completed;
13 ‘‘(B) the average driving time required for vet-
14 erans to attend appointments; and
15 ‘‘(C) reasons why appointments could not be
16 scheduled with non-Department medical providers.
17 ‘‘(d) LOCATIONS WHERE WOMEN VETERANS ARE
18 USING HEALTH CARE.—Each report under subsection (a)
19 shall include an analysis of the use by women veterans of
20 health care from the Department, including the following
21 information:
22 ‘‘(1) The number of women veterans who reside
23 in each State.
24 ‘‘(2) The number of women veterans in each
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25 State who are enrolled in the system of patient enroll-
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1 ment of the Department established and operated
2 under section 1705(a) of this title.
3 ‘‘(3) Of the women veterans who are so enrolled,
4 the number who have received health care under the
5 laws administered by the Secretary at least one time
6 during the one-year period preceding the submittal of
7 the report.
8 ‘‘(4) The number of women veterans who have
9 been seen at a medical facility of the Department
10 during such year, disaggregated by facility.
11 ‘‘(5) The number of appointments that women
12 veterans have had at a medical facility of the Depart-
13 ment during such year, disaggregated by—
14 ‘‘(A) facility; and
15 ‘‘(B) appointments for—
16 ‘‘(i) primary care;
17 ‘‘(ii) specialty care; and
18 ‘‘(iii) mental health care.
19 ‘‘(6) For each appointment type specified in
20 paragraph (5)(B), the number of appointments com-
21 pleted face-to-face and the number completed via tele-
22 health.
23 ‘‘(7) If known, an identification of the medical
24 facility of the Department in each Veterans Inte-
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25 grated Service Network with the largest rate of in-
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1 crease in patient population of women veterans as
2 measured by the increase in unique women veteran
3 patient use.
4 ‘‘(8) If known, an identification of the medical
5 facility of the Department in each Veterans Inte-
6 grated Service Network with the largest rate of de-
7 crease in patient population of women veterans as
8 measured by the decrease in unique women veteran
9 patient use.
10 ‘‘(e) MODELS OF CARE.—(1) Each report under sub-
11 section (a) shall include an analysis of the use by the De-
12 partment of general primary care clinics, separate but
13 shared spaces, and women’s health centers as delivery of
14 care models for women veterans.
15 ‘‘(2) The analysis under paragraph (1) shall include
16 the following:
17 ‘‘(A) The number of facilities of the Department
18 that fall into each delivery of care model described in
19 such paragraph, disaggregated by Veterans Integrated
20 Service Network and State.
21 ‘‘(B) A description of the criteria used by the De-
22 partment to determine which such model is most ap-
23 propriate for each facility of the Department.
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1 ‘‘(C) An assessment of how the Department de-
2 cides to make investments to modify facilities to a dif-
3 ferent model.
4 ‘‘(D) A description of what, if any, plans the De-
5 partment has to modify facilities from general pri-
6 mary care clinics to another model.
7 ‘‘(E) An assessment of whether any facilities
8 could be modified to a separate but shared space for
9 a women’s health center within planned investments
10 under the strategic capital investment planning proc-
11 ess of the Department.
12 ‘‘(F) An assessment of whether any facilities
13 could be modified to a separate or shared space or a
14 women’s health center with minor modifications to
15 existing plans under the strategic capital investment
16 planning process of the Department.
17 ‘‘(G) An assessment of whether the Department
18 has a goal for how many facilities should fall into
19 each such model.
20 ‘‘(f) STAFFING.—Each report under subsection (a)
21 shall include an analysis of the staffing of the Department
22 relating to the treatment of women, including the following,
23 disaggregated by Veterans Integrated Service Network and
24 State (except with respect to paragraph (4)):
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25 ‘‘(1) The number of women’s health centers.
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1 ‘‘(2) The number of patient aligned care teams
2 of the Department relating to women’s health.
3 ‘‘(3) The number of full- and part-time gyne-
4 cologists of the Department.
5 ‘‘(4) The number of designated women’s health
6 care providers of the Department, disaggregated by
7 facility of the Department.
8 ‘‘(5) The number of health care providers of the
9 Department who have completed a mini-residency for
10 women’s health care through the Women Veterans
11 Health Care Mini-Residency Program of the Depart-
12 ment during the one-year period preceding the sub-
13 mittal of the report and the number of mini-residency
14 training slots for such program that are available
15 during the one-year period following such date.
16 ‘‘(6) The number of designated women’s health
17 care providers of the Department who have sufficient
18 women patient loads or case complexities to retain
19 their competencies and proficiencies.
20 ‘‘(g) ACCESSIBILITY AND TREATMENT OPTIONS.—
21 Each report under subsection (a) shall include an analysis
22 of the accessibility and treatment options for women vet-
23 erans, including the following:
24 ‘‘(1) An assessment of wheelchair accessibility of
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25 women’s health centers of the Department, including,
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1 with respect to each such center, an assessment of ac-
2 cessibility for each kind of treatment provided at the
3 center, including with respect to radiology and mam-
4 mography, that addresses all relevant factors, includ-
5 ing door sizes, hoists, and equipment.
6 ‘‘(2) The options for women veterans to access
7 mental health providers and primary care providers
8 who are women.
9 ‘‘(3) The options for women veterans at medical
10 facilities of the Department with respect to clothing
11 sizes, including for gowns, drawstring pants, and pa-
12 jamas.
13 ‘‘(h) DEFINITIONS.—In this section:
14 ‘‘(1) The term ‘appropriate congressional com-
15 mittees’ means—
16 ‘‘(A) the Committee on Appropriations and
17 the Committee on Veterans’ Affairs of the Senate;
18 and
19 ‘‘(B) the Committee on Appropriations and
20 the Committee on Veterans’ Affairs of the House
21 of Representatives.
22 ‘‘(2) The term ‘gender-specific services’ means
23 mammography, obstetric care, gynecological care, and
24 such other services as the Secretary determines appro-
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25 priate.’’.
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1 (2) CLERICAL AMENDMENT.—The table of sec-
2 tions for such chapter is amended by inserting after
3 the item relating to section 7309A the following new
4 items:
‘‘7310. Office of Women’s Health.
‘‘7310A. Annual reports on women’s health.’’.
5 (c) INITIAL REPORT.—The Chief Officer of Women’s
6 Health of the Department of Veterans Affairs shall submit
7 the initial report under section 7310A of title 38, United
8 States Code, as added by subsection (b), by not later than
9 one year after the date of the enactment of this Act.
10 SEC. 102. WOMEN VETERANS RETROFIT INITIATIVE.
11 (a) IN GENERAL.—The Secretary of Veterans Affairs
12 shall prioritize the retrofitting of existing medical facilities
13 of the Department of Veterans Affairs with fixtures, mate-
14 rials, and other outfitting measures to support the provision
15 of care to women veterans at such facilities.
16 (b) PLAN.—
17 (1) IN GENERAL.—Not later than one year after
18 the date of the enactment of this Act, the Secretary
19 shall submit to the Committee on Veterans’ Affairs of
20 the Senate and the Committee on Veterans’ Affairs of
21 the House of Representatives a plan to address defi-
22 ciencies in environment of care for women veterans at
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23 medical facilities of the Department.
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1 (2) ELEMENTS.—The plan required by para-
2 graph (1) shall include the following:
3 (A) An assessment of how the Secretary
4 prioritizes retrofitting existing medical facilities
5 to support provision of care to women veterans
6 in comparison to other requirements.
7 (B) A five-year strategic plan for retro-
8 fitting medical facilities of the Department to
9 support the provision of care to women veterans
10 as required under subsection (a).
11 (c) AUTHORIZATION OF APPROPRIATIONS.—There is
12 authorized to be appropriated to the Secretary $20,000,000
13 to carry out subsection (a) in addition to amounts otherwise
14 made available to the Secretary for the purposes set forth
15 in such subsection.
16 SEC. 103. ESTABLISHMENT OF ENVIRONMENT OF CARE
17 STANDARDS AND INSPECTIONS AT DEPART-
18 MENT OF VETERANS AFFAIRS MEDICAL CEN-
19 TERS.
20 (a) IN GENERAL.—The Secretary of Veterans Affairs
21 shall establish a policy under which the environment of care
22 standards and inspections at medical centers of the Depart-
23 ment of Veterans Affairs include—
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1 (1) an alignment of the requirements for such
2 standards and inspections with the women’s health
3 handbook of the Veterans Health Administration;
4 (2) a requirement for the frequency of such in-
5 spections;
6 (3) delineation of the roles and responsibilities of
7 staff at each medical center who are responsible for
8 compliance;
9 (4) the requirement that each medical center sub-
10 mit to the Secretary and make publicly available a
11 report on the compliance of the medical center with
12 the standards; and
13 (5) a remediation plan.
14 (b) REPORT.—Not later than 180 days after the date
15 of the enactment of this Act, the Secretary shall submit to
16 the Committee on Veterans’ Affairs of the Senate and the
17 Committee on Veterans’ Affairs of the House of Representa-
18 tives a report certifying in writing that the policy required
19 by subsection (a) has been finalized and disseminated to
20 all medical centers of the Department.
21 SEC. 104. PROVISION OF REINTEGRATION AND READJUST-
22 MENT SERVICES TO VETERANS AND FAMILY
23 MEMBERS IN GROUP RETREAT SETTINGS.
24 (a) IN GENERAL.—Section 1712A of title 38, United
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25 States Code, is amended—
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1 (1) in subsection (a)(1)(B)—
2 (A) in clause (ii), by redesignating sub-
3 clauses (I) and (II) as items (aa) and (bb);
4 (B) by redesignating clauses (i) and (ii) as
5 subclauses (I) and (II);
6 (C) in the matter preceding subclause (I),
7 as redesignated by subparagraph (B), by striking
8 ‘‘Counseling’’ and inserting ‘‘(i) Counseling’’;
9 and
10 (D) by adding at the end the following new
11 clause:
12 ‘‘(ii)(I) Except as provided in subclause (IV), coun-
13 seling furnished to an individual under subparagraph (A)
14 may include reintegration and readjustment services de-
15 scribed in subclause (II) furnished in group retreat settings.
16 ‘‘(II) Reintegration and readjustment services de-
17 scribed in this subclause are the following:
18 ‘‘(aa) Information on reintegration of the indi-
19 vidual into family, employment, and community.
20 ‘‘(bb) Financial counseling.
21 ‘‘(cc) Occupational counseling.
22 ‘‘(dd) Information and counseling on stress re-
23 duction.
24 ‘‘(ee) Information and counseling on conflict res-
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1 ‘‘(ff) Such other information and counseling as
2 the Secretary considers appropriate to assist the indi-
3 vidual in reintegration into family, employment, and
4 community.
5 ‘‘(III) In furnishing reintegration and readjustment
6 services under subclause (I), the Secretary shall offer women
7 the opportunity to receive such services in group retreat set-
8 tings in which the only participants are women.
9 ‘‘(IV) An individual described in subparagraph (C)(v)
10 may receive reintegration and readjustment services under
11 subclause (I) only if the individual receives such services
12 with a family member described in subclause (I) or (II)
13 of such subparagraph.’’.
14 (b) REQUEST FOR SERVICES.—Subsection (a)(2) of
15 such section is amended—
16 (1) by striking ‘‘Upon’’ and inserting ‘‘(A)
17 Upon’’;
18 (2) by striking ‘‘paragraph (1)(B)’’ and insert-
19 ing ‘‘paragraph (1)(B)(i)’’; and
20 (3) by adding at the end the following new sub-
21 paragraph:
22 ‘‘(B) Upon the request of an individual described in
23 paragraph (1)(C), the Secretary shall furnish the indi-
24 vidual reintegration and readjustment services in group re-
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25 treat settings under paragraph (1)(B)(ii) if the Secretary
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1 determines the experience will be therapeutically appro-
2 priate.’’.
3 SEC. 105. PROVISION OF LEGAL SERVICES FOR WOMEN VET-
4 ERANS.
5 (a) AGREEMENT REQUIRED.—The Secretary of Vet-
6 erans Affairs shall enter into one or more agreements with
7 public or private entities to provide legal services to women
8 veterans.
9 (b) FOCUS.—The focus of an agreement entered into
10 under subsection (a) shall be to address the following unmet
11 needs of women veterans as set forth in the most recently
12 completed Community Homelessness Assessment, Local
13 Education and Networking Groups for Veterans
14 (CHALENG for Veterans) survey:
15 (1) Child support.
16 (2) Prevention of eviction and foreclosure.
17 (3) Discharge upgrades.
18 (4) Financial guardianship.
19 (5) Credit counseling.
20 (6) Family reconciliation assistance.
21 SEC. 106. COMPTROLLER GENERAL SURVEYS AND REPORT
22 ON SUPPORTIVE SERVICES PROVIDED FOR
23 VERY LOW-INCOME WOMEN VETERANS.
24 (a) SURVEYS.—
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1 (1) SURVEY OF WOMEN VETERANS.—The Comp-
2 troller General of the United States shall survey
3 women veterans who have received or are receiving
4 supportive services provided under section 2044 of
5 title 38, United States Code, to determine satisfaction
6 with the ability of such services to meet the specific
7 needs of such veterans.
8 (2) SURVEY OF ELIGIBLE ENTITIES.—The Comp-
9 troller General shall survey eligible entities receiving
10 financial assistance under such section and other
11 partners of the Department of Veterans Affairs, in-
12 cluding veterans service organizations and the Na-
13 tional Coalition of Homeless Veterans, on the view of
14 such entities and partners regarding—
15 (A) whether the Department is meeting the
16 needs of women veterans through the provision of
17 supportive services under such section; and
18 (B) any additional supportive services that
19 may be required to meet such needs.
20 (b) REPORT.—
21 (1) IN GENERAL.—Not later than 18 months
22 after the date of the enactment of this Act, the Comp-
23 troller General of the United States shall submit to
24 the Committee on Veterans’ Affairs of the Senate and
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25 the Committee on Veterans’ Affairs of the House of
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1 Representatives a report on the efforts of the Depart-
2 ment of Veterans Affairs to provide supportive serv-
3 ices to women veterans under section 2044 of title 38,
4 United States.
5 (2) ELEMENTS.—The report required by para-
6 graph (1) shall include the following:
7 (A) A review of how the Department deter-
8 mines which categories of supportive services
9 would be beneficial to women veterans who re-
10 ceive services under such section.
11 (B) A description of the challenges women
12 veterans who have children face in accessing sup-
13 portive services under such section, including
14 with respect to accessing—
15 (i) homeless shelters with their chil-
16 dren;
17 (ii) homeless shelters that have restric-
18 tions on male children; and
19 (iii) affordable child care.
20 (C) A description of how the Department
21 identifies eligible entities under such section that
22 can provide supportive services to meet the needs
23 of women veterans, including eligible entities
24 with experience in—
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25 (i) intimate partner violence;
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1 (ii) legal matters pertaining especially
2 to women veterans, including temporary re-
3 straining orders and child care orders;
4 (iii) supportive services for children;
5 and
6 (iv) the evaluation of which categories
7 of services would be beneficial to women vet-
8 erans who receive such services under such
9 section.
10 (D) A description of how much the Depart-
11 ment spends, from funds appropriated to carry
12 out such section and funds provided under the
13 Coronavirus Aid, Relief, and Economic Security
14 Act (Public Law 116–136), on supportive serv-
15 ices specifically for women veterans, and in par-
16 ticular, on the services described in subpara-
17 graph (A).
18 (E) The results of the surveys conducted
19 under subsection (a).
20 (F) A review of the resources and program-
21 ming offered to woman veterans under such sec-
22 tion.
23 (G) An assessment of such other areas as the
24 Comptroller General considers appropriate.
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1 SEC. 107. PROGRAMS ON ASSISTANCE FOR CHILD CARE FOR
2 CERTAIN VETERANS.
3 (a) ASSISTANCE FOR CHILD CARE FOR CERTAIN VET-
4 ERANS RECEIVING HEALTH CARE.—
5 (1) IN GENERAL.—Subchapter I of chapter 17 of
6 title 38, United States Code, is amended by adding
7 at the end the following new section:
8 ‘‘§ 1709C. Assistance for child care for certain vet-
9 erans receiving health care
10 ‘‘(a) PROGRAM REQUIRED.—The Secretary shall carry
11 out a program to provide, subject to subsection (b), assist-
12 ance to qualified veterans described in subsection (c) to ob-
13 tain child care so that such veterans can receive health care
14 services described in subsection (c)(2).
15 ‘‘(b) LIMITATION ON PERIOD OF PAYMENTS.—Assist-
16 ance may be provided to a qualified veteran under this sec-
17 tion for receipt of child care only during the period that
18 the qualified veteran—
19 ‘‘(1) receives the types of health care services de-
20 scribed in subsection (c)(2) at a facility of the De-
21 partment; and
22 ‘‘(2) requires travel to and return from such fa-
23 cility for the receipt of such health care services.
24 ‘‘(c) QUALIFIED VETERANS.—For purposes of this sec-
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25 tion, a qualified veteran is a veteran who—
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1 ‘‘(1) is the primary caretaker of a child or chil-
2 dren; and
3 ‘‘(2)(A) receives from the Department—
4 ‘‘(i) regular mental health care services;
5 ‘‘(ii) intensive mental health care services;
6 or
7 ‘‘(iii) such other intensive health care serv-
8 ices that the Secretary determines that provision
9 of assistance to the veteran to obtain child care
10 would improve access to such health care services
11 by the veteran; or
12 ‘‘(B) is in need of regular or intensive mental
13 health care services from the Department, and but for
14 lack of child care services, would receive such health
15 care services from the Department.
16 ‘‘(d) LOCATIONS.—Not later than five years after the
17 date of the enactment of the Deborah Sampson Act, the Sec-
18 retary shall carry out the program at each medical center
19 of the Department.
20 ‘‘(e) FORMS OF CHILD CARE ASSISTANCE.—(1) Child
21 care assistance under this section may include the fol-
22 lowing:
23 ‘‘(A) Stipends for the payment of child care of-
24 fered by a licensed child care center (either directly
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25 or through a voucher program) that shall be, to the
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1 extent practicable, modeled after the Department of
2 Veterans Affairs Child Care Subsidy Program estab-
3 lished pursuant to section 630 of the Treasury and
4 General Government Appropriations Act, 2002 (Pub-
5 lic Law 107–67; 115 Stat. 552).
6 ‘‘(B) Direct provision of child care at an on-site
7 facility of the Department.
8 ‘‘(C) Payments to private child care agencies.
9 ‘‘(D) Collaboration with facilities or programs of
10 other Federal agencies.
11 ‘‘(E) Such other forms of assistance as the Sec-
12 retary considers appropriate.
13 ‘‘(2) In providing child care assistance under this sec-
14 tion, the child care needs of the local area shall be consid-
15 ered and the head of each medical center may select the type
16 of care that is most appropriate or feasible for such medical
17 center.
18 ‘‘(3) In the case that child care assistance under this
19 section is provided as a stipend under paragraph (1)(A),
20 such stipend shall cover the full cost of such child care.’’.
21 (2) CONFORMING AMENDMENT.—Section 205(e)
22 of the Caregivers and Veterans Omnibus Health Serv-
23 ices Act of 2010 (Public Law 111–163; 38 U.S.C.
24 1710 note) is amended by striking ‘‘September 30,
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1 2020’’ and inserting ‘‘the date of the enactment of the
2 Deborah Sampson Act’’.
3 (3) CLERICAL AMENDMENT.—The table of sec-
4 tions at the beginning of chapter 17 of such title is
5 amended by inserting after the item relating to sec-
6 tion 1709B the following new item:
‘‘1709C. Assistance for child care for certain veterans receiving health care,’’.
7 (b) PILOT PROGRAM ON ASSISTANCE FOR CHILD CARE
8 FOR CERTAIN VETERANS RECEIVING READJUSTMENT
9 COUNSELING AND RELATED MENTAL HEALTH SERV-
10 ICES.—
11 (1) IN GENERAL.—The Secretary of Veterans Af-
12 fairs shall carry out a pilot program to assess the fea-
13 sibility and advisability of providing, subject to para-
14 graph (2), assistance to qualified veterans described
15 in paragraph (3) to obtain child care so that such
16 veterans can receive readjustment counseling and re-
17 lated mental health services.
18 (2) LIMITATION ON PERIOD OF PAYMENTS.—As-
19 sistance may be provided to a qualified veteran under
20 the pilot program for receipt of child care only during
21 the period that the qualified veteran receives readjust-
22 ment counseling and related health care services at a
23 Vet Center.
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24 (3) QUALIFIED VETERANS.—For purposes of this
25 subsection, a qualified veteran is a veteran who—
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1 (A) is the primary caretaker of a child or
2 children; and
3 (B)(i) receives from the Department regular
4 readjustment counseling and related mental
5 health services; or
6 (ii) is in need of regular readjustment coun-
7 seling and related mental health services from
8 the Department, and but for lack of child care
9 services, would receive such counseling and serv-
10 ices from the Department.
11 (4) LOCATIONS.—The Secretary shall carry out
12 the pilot program in not fewer than three Readjust-
13 ment Counseling Service Regions selected by the Sec-
14 retary for purposes of the pilot program.
15 (5) FORMS OF CHILD CARE ASSISTANCE.—
16 (A) IN GENERAL.—Child care assistance
17 under the pilot program may include the fol-
18 lowing:
19 (i) Stipends for the payment of child
20 care offered by a licensed child care center
21 (either directly or through a voucher pro-
22 gram) that shall be, to the extent prac-
23 ticable, modeled after the Department of
24 Veterans Affairs Child Care Subsidy Pro-
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1 the Treasury and General Government Ap-
2 propriations Act, 2002 (Public Law 107–
3 67; 115 Stat. 552).
4 (ii) Payments to private child care
5 agencies.
6 (iii) Collaboration with facilities or
7 programs of other Federal agencies.
8 (iv) Such other forms of assistance as
9 the Secretary considers appropriate.
10 (B) LOCAL AREA.—In providing child care
11 assistance under the pilot program, the child
12 care needs of the local area shall be considered
13 and the head of each Vet Center may select the
14 type of care that is most appropriate or feasible
15 for such Vet Center.
16 (C) USE OF STIPEND.—In the case that
17 child care assistance under the pilot program is
18 provided as a stipend under subparagraph
19 (A)(i), such stipend shall cover the full cost of
20 such child care.
21 (6) DURATION.—The pilot program shall be car-
22 ried out during the two-year period beginning on the
23 date of the commencement of the pilot program.
24 (7) REPORT.—
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1 (A) IN GENERAL.—Not later than 180 days
2 after the completion of the pilot program, the
3 Secretary shall submit to Congress a report on
4 the pilot program.
5 (B) ELEMENTS.—The report required by
6 subparagraph (A) shall include the findings and
7 conclusions of the Secretary regarding the pilot
8 program, and shall include such recommenda-
9 tions for the continuation or expansion of the
10 pilot program as the Secretary considers appro-
11 priate.
12 (8) VET CENTER DEFINED.—In this subsection,
13 the term ‘‘Vet Center’’ has the meaning given that
14 term in section 1712A(h) of title 38, United States
15 Code.
16 SEC. 108. AVAILABILITY OF PROSTHETICS FOR WOMEN VET-
17 ERANS FROM DEPARTMENT OF VETERANS AF-
18 FAIRS.
19 (a) ACCESS AT EACH MEDICAL FACILITY.—Section
20 1714(a) of title 38, United States Code, is amended—
21 (1) by striking ‘‘(a) Any veteran’’ and inserting
22 ‘‘(a)(1) Any veteran’’; and
23 (2) by adding at the end the following new para-
24 graph:
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1 ‘‘(2) In furnishing prosthetic appliances under para-
2 graph (1), the Secretary shall ensure women veterans are
3 able to access clinically appropriate prosthetic appliances
4 through each medical facility of the Department.’’.
5 (b) REPORT.—
6 (1) IN GENERAL.—Not later than one year after
7 the date of the enactment of this Act, the Secretary of
8 Veterans Affairs shall submit to the Committee on
9 Veterans’ Affairs of the Senate and the Committee on
10 Veterans’ Affairs of the House of Representatives a re-
11 port on the availability from the Department of Vet-
12 erans Affairs of prosthetics made for women veterans,
13 including an assessment of the availability of such
14 prosthetics at medical facilities of the Department.
15 (2) ELEMENTS.—The report required by para-
16 graph (1) shall include—
17 (A) a list of all devices classified by the De-
18 partment as prosthetic devices, including a
19 breakdown of whether a device is considered gen-
20 der-neutral or gender-specific;
21 (B) for gender-neutral devices, a breakdown
22 of sizing;
23 (C) the average time it takes for a woman
24 veteran to receive a prosthetic device after it is
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25 prescribed, disaggregated by Veterans Integrated
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1 Service Network and medical center of the De-
2 partment;
3 (D) the total number of women veterans uti-
4 lizing the Department for prosthetic services,
5 disaggregated by facility of the Department;
6 (E) an assessment of efforts by the Depart-
7 ment on research, development, and employment
8 of additive manufacture technology (commonly
9 referred to as 3D printing) to provide prosthetic
10 items for women veterans;
11 (F) the results of a survey with a represent-
12 ative sample of not fewer than 50,000 veterans
13 (of which women shall be overrepresented) in an
14 amputee care program on satisfaction with pros-
15 thetics furnished or procured by the Department
16 that replace appendages or their function; and
17 (G) such other information as the Secretary
18 considers appropriate.
19 SEC. 109. REQUIREMENT TO IMPROVE DEPARTMENT OF
20 VETERANS AFFAIRS WOMEN VETERANS CALL
21 CENTER.
22 The Secretary of Veterans Affairs shall enhance the ca-
23 pabilities of the women veterans call center of the Depart-
24 ment of Veterans Affairs—
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1 (1) to respond to requests by women veterans for
2 assistance with accessing health care and benefits fur-
3 nished under the laws administered by the Secretary;
4 and
5 (2) to refer such veterans to resources provided
6 by the Federal Government and the community to ob-
7 tain assistance with services not furnished by the De-
8 partment.
9 SEC. 110. FACILITATION OF REPRODUCTION AND INFER-
10 TILITY RESEARCH.
11 (a) IN GENERAL.—Subchapter II of chapter 73 of title
12 38, United States Code, is amended by adding at the end
13 the following new section:
14 ‘‘§ 7330D. Facilitation of reproduction and infertility
15 research
16 ‘‘(a) FACILITATION OF RESEARCH REQUIRED.—The
17 Secretary shall facilitate research conducted collaboratively
18 by the Secretary of Defense and the Secretary of Health and
19 Human Services to improve the ability of the Department
20 of Veterans Affairs to meet the long-term reproductive
21 health care needs of veterans who have a genitourinary serv-
22 ice-connected disability or a condition that was incurred
23 or aggravated in line of duty in the active military, naval,
24 or air service, such as a spinal cord injury, that affects the
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25 ability of the veteran to reproduce.
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1 ‘‘(b) DISSEMINATION OF INFORMATION.—The Sec-
2 retary shall ensure that information produced by the re-
3 search facilitated under this section that may be useful for
4 other activities of the Veterans Health Administration is
5 disseminated throughout the Veterans Health Administra-
6 tion.’’.
7 (b) CLERICAL AMENDMENT.—The table of sections at
8 the beginning of chapter 73 of such title is amended by in-
9 serting after the item relating to section 7330C the following
10 new item:
‘‘7330D. Facilitation of reproduction and infertility research.’’.
11 (c) REPORT.—Not later than three years after the date
12 of the enactment of this Act, the Secretary of Veterans Af-
13 fairs shall submit to Congress a report on the research ac-
14 tivities conducted by the Secretary under section 7330D of
15 title 38, United States Code, as added by subsection (a).
16 SEC. 111. INFORMATION FOR MEMBERS OF THE ARMED
17 FORCES REGARDING AVAILABILITY OF SERV-
18 ICES PROVIDED BY DEPARTMENT OF VET-
19 ERANS AFFAIRS.
20 (a) IN GENERAL.—The Secretary of Defense shall in-
21 form members of the Armed Forces, using mechanisms
22 available to the Secretary, of the eligibility of such members
23 for services provided by the Department of Veterans Affairs.
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24 (b) INFORMATION FROM SEXUAL ASSAULT RESPONSE
25 COORDINATORS.—The Secretary of Defense shall ensure
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1 that Sexual Assault Response Coordinators of the Depart-
2 ment of Defense advise members of the Armed Forces who
3 have experienced physical assault of a sexual nature, bat-
4 tery of a sexual nature, or sexual harassment regarding the
5 eligibility of such members for services provided by the De-
6 partment of Veterans Affairs.
7 SEC. 112. SENSE OF CONGRESS ON ACCESS TO FACILITIES
8 OF DEPARTMENT OF VETERANS AFFAIRS BY
9 RESERVISTS FOR COUNSELING AND TREAT-
10 MENT RELATING TO MILITARY SEXUAL TRAU-
11 MA.
12 (a) IN GENERAL.—It is the sense of Congress that
13 members of the reserve components of the Armed Forces, in-
14 cluding members of the National Guard, should be able to
15 access all health care facilities of the Department of Vet-
16 erans Affairs, not just Vet Centers, to receive counseling and
17 treatment relating to military sexual trauma.
18 (b) DEFINITIONS.—In this section:
19 (1) MILITARY SEXUAL TRAUMA.—The term
20 ‘‘military sexual trauma’’ means a condition de-
21 scribed in section 1720D(a)(1) of title 38, United
22 States Code.
23 (2) VET CENTER.—The term ‘‘Vet Center’’ has
24 the meaning given that term in section 1712A(h) of
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25 such title.
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1 TITLE II—INCREASING STAFF
2 CULTURAL COMPETENCY
3 SEC. 201. STAFFING OF WOMEN’S HEALTH PRIMARY CARE
4 PROVIDERS AT MEDICAL FACILITIES OF DE-
5 PARTMENT OF VETERANS AFFAIRS.
6 The Secretary of Veterans Affairs shall ensure that
7 each medical facility of the Department of Veterans Affairs
8 has not fewer than one full-time or part-time women’s
9 health primary care provider whose duties include, to the
10 extent possible, providing training to other health care pro-
11 viders of the Department on the needs of women veterans.
12 SEC. 202. ADDITIONAL FUNDING FOR PRIMARY CARE AND
13 EMERGENCY CARE CLINICIANS IN WOMEN
14 VETERANS HEALTH CARE MINI-RESIDENCY
15 PROGRAM.
16 (a) IN GENERAL.—There is authorized to be appro-
17 priated to the Secretary of Veterans Affairs $1,000,000 for
18 each fiscal year for the Women Veterans Health Care Mini-
19 Residency Program of the Department of Veterans Affairs
20 to provide opportunities for participation in such program
21 for primary care and emergency care clinicians.
22 (b) TREATMENT OF AMOUNTS.—The amounts author-
23 ized to be appropriated under subsection (a) shall be in ad-
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24 dition to amounts otherwise made available to the Secretary
25 for the purposes set forth in such subsection.
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1 SEC. 203. ESTABLISHMENT OF WOMEN VETERAN TRAINING
2 MODULE FOR NON-DEPARTMENT OF VET-
3 ERANS AFFAIRS HEALTH CARE PROVIDERS.
4 (a) IN GENERAL.—Not later than one year after the
5 date of the enactment of this Act, the Secretary of Veterans
6 Affairs shall establish and make available to community
7 providers a training module that is specific to women vet-
8 erans.
9 (b) TRAINING MATERIALS PROVIDED.—Under the
10 training module established and made available to commu-
11 nity providers under subsection (a), the Secretary shall pro-
12 vide to community providers the same training materials
13 relating to treatment of women veterans that is provided
14 to health care providers of the Department of Veterans Af-
15 fairs to ensure that all health care providers treating women
16 veterans have access to the same materials to support com-
17 petency throughout the community.
18 (c) ADMINISTRATION OF TRAINING MODULE.—The
19 Secretary shall administer the training module established
20 under subsection (a) to community providers through an
21 internet website of the Department.
22 (d) ANNUAL REPORT.—Not later than one year after
23 the establishment of the training module under subsection
24 (a), and annually thereafter, the Secretary shall submit to
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25 Congress a report on—
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1 (1) the utilization by community providers of the
2 training module; and
3 (2) the effectiveness of the training module.
4 (e) DEFINITIONS.—In this section:
5 (1) COMMUNITY PROVIDER.—The term ‘‘commu-
6 nity provider’’ means a non-Department of Veterans
7 Affairs health care provider who provides
8 preauthorized health care to veterans under the laws
9 administered by the Secretary of Veterans Affairs.
10 (2) PREAUTHORIZED HEALTH CARE.—The term
11 ‘‘preauthorized health care’’ means health care pro-
12 vided to a veteran that is authorized by the Secretary
13 before being provided.
14 SEC. 204. STUDY ON STAFFING OF WOMEN VETERAN PRO-
15 GRAM MANAGER PROGRAM AT MEDICAL CEN-
16 TERS OF DEPARTMENT OF VETERANS AF-
17 FAIRS AND TRAINING OF STAFF.
18 (a) STUDY.—The Secretary of Veterans Affairs shall
19 conduct a study on the use of the Women Veteran Program
20 Manager program of the Department of Veterans Affairs to
21 determine—
22 (1) if the program is appropriately staffed at
23 each medical center of the Department;
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1 (2) whether each medical center of the Depart-
2 ment is staffed with a Women Veteran Program Man-
3 ager; and
4 (3) whether it would be feasible and advisable to
5 have a Women Veteran Program Ombudsman at each
6 medical center of the Department.
7 (b) REPORT.—Not later than 270 days after the date
8 of the enactment of this Act, the Secretary shall submit to
9 the Committee on Veterans’ Affairs of the Senate and the
10 Committee on Veterans’ Affairs of the House of Representa-
11 tives a report on the study conducted under subsection (a).
12 (c) TRAINING.—The Secretary shall ensure that all
13 Women Veteran Program Managers and Women Veteran
14 Program Ombudsmen receive the proper training to carry
15 out their duties.
16 SEC. 205. STUDY ON WOMEN VETERAN COORDINATOR PRO-
17 GRAM.
18 (a) STUDY AND REPORT REQUIRED.—Not later than
19 180 days after the date of the enactment of this Act, the
20 Secretary of Veterans Affairs shall—
21 (1) complete a study on the Women Veteran Co-
22 ordinator program of the Veterans Benefits Adminis-
23 tration of the Department of Veterans Affairs; and
24 (2) submit to the Committee on Veterans’ Affairs
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1 of the House of Representatives a report on the find-
2 ings of the Secretary with respect to the study com-
3 pleted under paragraph (1).
4 (b) ELEMENTS.—The study required by subsection
5 (a)(1) shall identify the following:
6 (1) If the program described in such subsection
7 is appropriately staffed at each regional benefits office
8 of the Department.
9 (2) Whether each regional benefits office of the
10 Department is staffed with a Women Veteran Coordi-
11 nator.
12 (3) The position description of the Women Vet-
13 eran Coordinator.
14 (4) Whether an individual serving in the Women
15 Veteran Coordinator position concurrently serves in
16 any other position, and if so, the allocation of time
17 the individual spends in each such position.
18 (5) A description of the metrics the Secretary
19 uses to determine the job performance and effective-
20 ness of the Women Veteran Coordinator.
21 SEC. 206. STAFFING IMPROVEMENT PLAN FOR PEER SPE-
22 CIALISTS OF DEPARTMENT OF VETERANS AF-
23 FAIRS WHO ARE WOMEN.
24 (a) ASSESSMENT OF CAPACITY.—
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1 (1) IN GENERAL.—Not later than 90 days after
2 the date of the enactment of this Act, the Secretary of
3 Veterans Affairs, in consultation with the Inspector
4 General of the Department of Veterans Affairs, shall
5 commence an assessment of the capacity of peer spe-
6 cialists of the Department of Veterans Affairs who are
7 women.
8 (2) ELEMENTS.—The assessment required by
9 paragraph (1) shall include an assessment of the fol-
10 lowing:
11 (A) The geographical distribution of peer
12 specialists of the Department who are women.
13 (B) The geographical distribution of women
14 veterans.
15 (C) The number and proportion of women
16 peer specialists who specialize in peer counseling
17 on mental health or suicide prevention.
18 (D) The number and proportion of women
19 peer specialists who specialize in peer counseling
20 on non-mental health related matters.
21 (b) REPORT.—Not later than one year after the assess-
22 ment required by subsection (a) has commenced, the Sec-
23 retary shall submit to the Committee on Veterans’ Affairs
24 of the Senate and the Committee on Veterans’ Affairs of
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1 the House of Representatives a report detailing the findings
2 of the assessment.
3 (c) STAFFING IMPROVEMENT PLAN.—
4 (1) IN GENERAL.—Not later than 180 days after
5 submitting the report under subsection (b), the Sec-
6 retary, in consultation with the Inspector General,
7 shall submit to the Committee on Veterans’ Affairs of
8 the Senate and the Committee on Veterans’ Affairs of
9 the House of Representatives a plan, based on the re-
10 sults of the assessment required by subsection (a), to
11 hire additional qualified peer specialists who are
12 women, with special consideration for areas that lack
13 peer specialists who are women.
14 (2) ELEMENTS.—The peer specialist positions
15 included in the plan required by paragraph (1)—
16 (A) shall be non-volunteer, paid positions;
17 and
18 (B) may be part-time positions.
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1 TITLE III—ELIMINATING
2 HARASSMENT AND ASSAULT
3 SEC. 301. EXPANSION OF COVERAGE BY DEPARTMENT OF
4 VETERANS AFFAIRS OF COUNSELING AND
5 TREATMENT FOR SEXUAL TRAUMA.
6 (a) EXPANSION OF ELIGIBILITY FOR COUNSELING AND
7 TREATMENT.—Section 1720D of title 38, United States
8 Code, is amended—
9 (1) in subsection (a)—
10 (A) in paragraph (1), by striking ‘‘active
11 duty, active duty for training, or inactive duty
12 training’’ and inserting ‘‘duty, regardless of duty
13 status or line of duty determination (as that
14 term is used in section 12323 of title 10)’’; and
15 (B) in paragraph (2)(A), by striking ‘‘ac-
16 tive duty, active duty for training, or inactive
17 duty training’’ and inserting ‘‘duty, regardless of
18 duty status or line of duty determination (as
19 that term is used in section 12323 of title 10)’’;
20 (2) by striking ‘‘veteran’’ each place it appears
21 and inserting ‘‘former member of the Armed Forces’’;
22 (3) by striking ‘‘veterans’’ each place it appears
23 and inserting ‘‘former members of the Armed Forces’’;
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1 (4) by adding at the end the following new sub-
2 section:
3 ‘‘(g) In this section, the term ‘former member of the
4 Armed Forces’ includes the following:
5 ‘‘(1) A veteran.
6 ‘‘(2) An individual described in section 1720I(b)
7 of this title.’’.
8 (b) INCLUSION OF TREATMENT FOR PHYSICAL
9 HEALTH CONDITIONS.—Such section is further amended—
10 (1) in subsection (a)—
11 (A) in paragraph (1)—
12 (i) by inserting ‘‘, to include care for
13 physical health conditions, as appropriate,’’
14 after ‘‘counseling and appropriate care and
15 services’’;
16 (ii) by striking ‘‘overcome psycho-
17 logical trauma’’ and inserting ‘‘treat a con-
18 dition’’; and
19 (iii) by striking ‘‘mental health profes-
20 sional’’ and inserting ‘‘health care profes-
21 sional’’; and
22 (B) in paragraph (2)(A), by striking ‘‘over-
23 come psychological trauma’’ and inserting ‘‘treat
24 a condition’’; and
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1 (A) in paragraph (1), by inserting ‘‘and
2 other health care professionals’’ after ‘‘mental
3 health professionals’’; and
4 (B) in paragraph (2)(A), by inserting ‘‘and
5 other health care professionals’’ after ‘‘mental
6 health professionals’’.
7 SEC. 302. ASSESSMENT OF EFFECTS OF INTIMATE PARTNER
8 VIOLENCE ON WOMEN VETERANS BY ADVI-
9 SORY COMMITTEE ON WOMEN VETERANS.
10 Section 542(c)(1) of title 38, United States Code, is
11 amended—
12 (1) in subparagraph (B), by striking ‘‘and’’ at
13 the end;
14 (2) by redesignating subparagraph (C) as sub-
15 paragraph (D); and
16 (3) by inserting after subparagraph (B) the fol-
17 lowing new subparagraph (C):
18 ‘‘(C) an assessment of the effects of intimate
19 partner violence on women veterans; and’’.
20 SEC. 303. ANTI-HARASSMENT AND ANTI-SEXUAL ASSAULT
21 POLICY OF DEPARTMENT OF VETERANS AF-
22 FAIRS.
23 (a) IN GENERAL.—Subchapter II of chapter 5 of title
24 38, United States Code, is amended by adding at the end
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1 ‘‘§ 533. Anti-harassment and anti-sexual assault pol-
2 icy
3 ‘‘(a) ESTABLISHMENT.—(1) The Secretary, acting
4 through the Office of Assault and Prevention of the Veterans
5 Health Administration, shall establish a comprehensive pol-
6 icy to end harassment and sexual assault, including sexual
7 harassment and gender-based harassment, throughout the
8 Department.
9 ‘‘(2) The policy required by paragraph (1) shall in-
10 clude the following:
11 ‘‘(A) A process for employees and contractors of
12 the Department to respond to reported incidents of
13 harassment and sexual assault committed by any
14 non-Department individual within a facility of the
15 Department, including with respect to accountability
16 or disciplinary measures.
17 ‘‘(B) A process for employees and contractors of
18 the Department to respond to reported incidents of
19 harassment and sexual assault of any non-Depart-
20 ment individual within a facility of the Department.
21 ‘‘(C) A process for any non-Department indi-
22 vidual to report harassment and sexual assault de-
23 scribed in subparagraph (A), including an option for
24 confidential reporting, and for the Secretary to re-
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1 ‘‘(D) Clear mechanisms for non-Department in-
2 dividuals to readily identify to whom and how to re-
3 port incidents of harassment and sexual assault com-
4 mitted by another non-Department individual.
5 ‘‘(E) Clear mechanisms for employees and con-
6 tractors of the Department to readily identify to
7 whom and how to report incidents of harassment and
8 sexual assault and how to refer non-Department indi-
9 viduals with respect to reporting an incident of har-
10 assment or sexual assault.
11 ‘‘(F) A process for, and mandatory reporting re-
12 quirement applicable to, any employee or contractor
13 of the Department who witnesses harassment or sex-
14 ual assault described in subparagraph (A) or (B)
15 within a facility of the Department, regardless of
16 whether the individual affected by such harassment or
17 sexual assault wants to report such harassment or
18 sexual assault.
19 ‘‘(G) The actions possible, including disciplinary
20 actions, for employees or contractors of the Depart-
21 ment who fail to report incidents of harassment and
22 sexual assault described in subparagraph (A) or (B)
23 that the employees or contractors witness.
24 ‘‘(H) On an annual or more frequent basis,
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1 the Department regarding how to report and address
2 harassment and sexual assault described in subpara-
3 graphs (A) and (B), including bystander intervention
4 training.
5 ‘‘(I) On an annual or more frequent basis, the
6 distribution of the policy under this subsection and
7 anti-harassment and anti-sexual assault educational
8 materials by mail or email to each individual receiv-
9 ing a benefit under a law administered by the Sec-
10 retary.
11 ‘‘(J) The prominent display of anti-harassment
12 and anti-sexual assault messages in each facility of
13 the Department, including how non-Department indi-
14 viduals may report harassment and sexual assault de-
15 scribed in subparagraphs (A) and (B) at such facility
16 and the points of contact under subsection (b).
17 ‘‘(K) The posting on internet websites of the De-
18 partment, including the main internet website regard-
19 ing benefits of the Department and the main internet
20 website regarding health care of the Department, of
21 anti-harassment and anti-sexual assault banners spe-
22 cifically addressing harassment and sexual assault de-
23 scribed in subparagraphs (A) and (B).
24 ‘‘(b) POINTS OF CONTACT.—The Secretary shall des-
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1 and sexual assault described in subparagraphs (A) and (B)
2 of subsection (a)(2)—
3 ‘‘(1) at least one individual, in addition to law
4 enforcement, at each facility of the Department (in-
5 cluding Vet Centers under section 1712A of this title),
6 with regard to that facility;
7 ‘‘(2) at least one individual employed in each
8 Veterans Integrated Service Network, with regard to
9 facilities in that Veterans Integrated Service Network;
10 ‘‘(3) at least one individual employed in each re-
11 gional benefits office;
12 ‘‘(4) at least one individual employed at each lo-
13 cation of the National Cemetery Administration; and
14 ‘‘(5) at least one individual employed at the Cen-
15 tral Office of the Department to track reports of such
16 harassment and sexual assault across the Department,
17 disaggregated by facility.
18 ‘‘(c) ACCOUNTABILITY.—(1) The Secretary shall estab-
19 lish a policy to ensure that each facility of the Department
20 and each director of a Veterans Integrated Service Network
21 is responsible for addressing harassment and sexual assault
22 at the facility and the Network.
23 ‘‘(2) The policy required by paragraph (1) shall in-
24 clude—
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1 ‘‘(A) a remediation plan for facilities that expe-
2 rience five or more incidents of sexual harassment,
3 sexual assault, or combination thereof, during any
4 single fiscal year; and
5 ‘‘(B) taking appropriate actions under chapter 7
6 or subchapter V of chapter 74 of this title.
7 ‘‘(d) DATA.—The Secretary shall ensure that the in-
8 take process for veterans at medical facilities of the Depart-
9 ment includes a survey to collect the following information:
10 ‘‘(1) Whether the veteran feels safe at the facility
11 and whether any events occurred at the facility that
12 affect such feeling.
13 ‘‘(2) Whether the veteran wants to be contacted
14 later by the Department with respect to such safety
15 issues.
16 ‘‘(e) WORKING GROUP.—(1) The Secretary shall estab-
17 lish a working group to assist the Secretary in imple-
18 menting policies to carry out this section.
19 ‘‘(2) The working group established under paragraph
20 (1) shall consist of representatives from—
21 ‘‘(A) veterans service organizations;
22 ‘‘(B) State, local, and Tribal veterans agencies;
23 and
24 ‘‘(C) other persons the Secretary determines ap-
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1 ‘‘(3) The working group established under paragraph
2 (1) shall develop, and the Secretary shall carry out—
3 ‘‘(A) an action plan for addressing changes at
4 the local level to reduce instances of harassment and
5 sexual assault;
6 ‘‘(B) standardized media for veterans service or-
7 ganizations and other persons to use in print and on
8 the internet with respect to reducing harassment and
9 sexual assault; and
10 ‘‘(C) bystander intervention training for vet-
11 erans.
12 ‘‘(4) The working group established under paragraph
13 (1) shall not be subject to the requirements of the Federal
14 Advisory Committee Act (5 U.S.C. App.).
15 ‘‘(f) ANNUAL REPORTS.—(1) The Secretary shall sub-
16 mit to the Committee on Veterans’ Affairs of the Senate and
17 the Committee on Veterans’ Affairs of the House of Rep-
18 resentatives an annual report on harassment and sexual as-
19 sault described in subparagraphs (A) and (B) of subsection
20 (a)(2) in facilities of the Department.
21 ‘‘(2) Each report submitted under paragraph (1) shall
22 include the following:
23 ‘‘(A) Results of harassment and sexual assault
24 programming, including the End Harassment pro-
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1 ‘‘(B) Results of studies from the Women’s Health
2 Practice-Based Research Network of the Department
3 relating to harassment and sexual assault.
4 ‘‘(C) Data collected on incidents of sexual har-
5 assment and sexual assault.
6 ‘‘(D) A description of any actions taken by the
7 Secretary during the year preceding the date of the
8 report to stop harassment and sexual assault at facili-
9 ties of the Department.
10 ‘‘(E) An assessment of the implementation of the
11 training required in subsection (a)(2)(H).
12 ‘‘(F) A list of resources the Secretary determines
13 necessary to prevent harassment and sexual assault at
14 facilities of the Department.
15 ‘‘(g) DEFINITIONS.—In this section:
16 ‘‘(1) The term ‘non-Department individual’
17 means any individual present at a facility of the De-
18 partment who is not an employee or contractor of the
19 Department.
20 ‘‘(2) The term ‘sexual harassment’ means unso-
21 licited verbal or physical contact of a sexual nature
22 which is threatening in character.’’.
23 (b) CLERICAL AMENDMENT.—The table of sections at
24 the beginning of such chapter is amended by adding after
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25 the item relating to section 532 the following new item:
‘‘533. Anti-harassment and anti-sexual assault policy.’’.
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1 (c) DEFINITION OF SEXUAL HARASSMENT.—Section
2 1720D(f) of such title is amended by striking ‘‘repeated,’’.
3 (d) DEADLINE.—The Secretary shall commence car-
4 rying out section 533 of such title, as added by subsection
5 (a), not later than 180 days after the date of enactment
6 of this Act.
7 SEC. 304. PILOT PROGRAM ON ASSISTING VETERANS WHO
8 EXPERIENCE INTIMATE PARTNER VIOLENCE
9 OR SEXUAL ASSAULT.
10 (a) PILOT PROGRAM REQUIRED.—The Secretary of
11 Veterans Affairs shall carry out a pilot program to assess
12 the feasibility and advisability of assisting former members
13 of the Armed Forces who have experienced or are experi-
14 encing intimate partner violence or sexual assault in access-
15 ing benefits from the Department of Veterans Affairs, in-
16 cluding coordinating access to medical treatment centers,
17 housing assistance, and other benefits from the Department.
18 (b) DURATION.—The Secretary shall carry out the
19 pilot program under subsection (a) during the two-year pe-
20 riod beginning on the date of the commencement of the pilot
21 program.
22 (c) COLLABORATION.—The Secretary shall carry out
23 the pilot program under subsection (a) in collaboration
24 with—
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1 (1) intimate partner violence shelters and pro-
2 grams;
3 (2) rape crisis centers;
4 (3) State intimate partner violence and sexual
5 assault coalitions; and
6 (4) such other health care or other service pro-
7 viders that serve intimate partner violence or sexual
8 assault victims as determined by the Secretary, par-
9 ticularly those providing emergency services or hous-
10 ing assistance.
11 (d) AUTHORIZED ACTIVITIES.—In carrying out the
12 pilot program under subsection (a), the Secretary may con-
13 duct the following activities:
14 (1) Training for community-based intimate
15 partner violence or sexual assault service providers
16 on—
17 (A) identifying former members of the
18 Armed Forces who have been victims of, or are
19 currently experiencing, intimate partner violence
20 or sexual assault;
21 (B) coordinating with local service pro-
22 viders of the Department; and
23 (C) connecting former members of the
24 Armed Forces with appropriate housing, mental
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1 health, medical, and other financial assistance or
2 benefits from the Department.
3 (2) Assistance to service providers to ensure ac-
4 cess of veterans to intimate partner violence and sex-
5 ual assault emergency services, particularly in under-
6 served areas, including services for Native American
7 veterans (as defined in section 3765 of title 38,
8 United States Code).
9 (3) Such other outreach and assistance as the
10 Secretary determines necessary for the provision of
11 assistance under subsection (a).
12 (e) INTIMATE PARTNER VIOLENCE AND SEXUAL AS-
13 SAULT OUTREACH COORDINATORS.—
14 (1) IN GENERAL.—In order to effectively assist
15 veterans who have experienced intimate partner vio-
16 lence or sexual assault, the Secretary may establish
17 local coordinators to provide outreach under the pilot
18 program required by subsection (a).
19 (2) LOCAL COORDINATOR KNOWLEDGE.—The
20 Secretary shall ensure that each coordinator estab-
21 lished under paragraph (1) is knowledgeable about—
22 (A) the dynamics of intimate partner vio-
23 lence and sexual assault, including safety con-
24 cerns, legal protections, and the need for the pro-
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1 (B) the eligibility of veterans for services
2 and benefits from the Department that are rel-
3 evant to recovery from intimate partner violence
4 and sexual assault, particularly emergency hous-
5 ing assistance, mental health care, other health
6 care, and disability benefits; and
7 (C) local community resources addressing
8 intimate partner violence and sexual assault.
9 (3) LOCAL COORDINATOR ASSISTANCE.—Each co-
10 ordinator established under paragraph (1) shall assist
11 intimate partner violence shelters and rape crisis cen-
12 ters in providing services to veterans.
13 (f) REPORT.—
14 (1) IN GENERAL.—Not later than 180 days after
15 the completion of the pilot program under subsection
16 (a), the Secretary shall submit to Congress a report
17 on the pilot program.
18 (2) CONTENTS.—The report required by para-
19 graph (1) shall include the following:
20 (A) The findings and conclusions of the Sec-
21 retary with respect to the pilot program.
22 (B) Such recommendations for continuing
23 or expanding the pilot program as the Secretary
24 considers appropriate.
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1 (1) INTIMATE PARTNER.—
2 (A) IN GENERAL.—The term ‘‘intimate
3 partner’’ means a person with whom one has a
4 close personal relationship that may be charac-
5 terized by the partners’ emotional connectedness,
6 regular contact, ongoing physical contact and
7 sexual behavior, identity as a couple, and famili-
8 arity and knowledge about each other’s lives.
9 (B) CLOSE PERSONAL RELATIONSHIPS.—In
10 this paragraph, the term ‘‘close personal rela-
11 tionships’’ includes the following:
12 (i) A relationship between married
13 spouses.
14 (ii) A relationship between common-
15 law spouses.
16 (iii) A relationship between civil union
17 spouses.
18 (iv) A relationship between domestic
19 partners.
20 (v) A relationship between dating part-
21 ners.
22 (vi) A relationship between ongoing
23 sexual partners.
24 (2) INTIMATE PARTNER VIOLENCE.—The term
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1 lence, sexual violence, stalking, and psychological ag-
2 gression, including coercive tactics by a current or
3 former intimate partner.
4 SEC. 305. STUDY AND TASK FORCE ON VETERANS EXPERI-
5 ENCING INTIMATE PARTNER VIOLENCE OR
6 SEXUAL ASSAULT.
7 (a) NATIONAL BASELINE STUDY.—
8 (1) IN GENERAL.—Not later than one year after
9 the date of the enactment of this Act, the Secretary of
10 Veterans Affairs, in consultation with the Attorney
11 General, shall conduct a national baseline study to
12 examine the scope of the problem of intimate partner
13 violence and sexual assault among veterans and
14 spouses and intimate partners of veterans.
15 (2) MATTERS INCLUDED.—The study under
16 paragraph (1) shall—
17 (A) include a literature review of all rel-
18 evant research on intimate partner violence and
19 sexual assault among veterans and spouses and
20 intimate partners of veterans;
21 (B) examine the prevalence of the experience
22 of intimate partner violence among—
23 (i) women veterans;
24 (ii) veterans who are minority group
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1 38, United States Code, and including other
2 minority populations as the Secretary de-
3 termines appropriate);
4 (iii) urban and rural veterans;
5 (iv) veterans who are enrolled in a
6 program under section 1720G of title 38,
7 United States Code;
8 (v) veterans who are in intimate rela-
9 tionships with other veterans; and
10 (vi) veterans who are described in more
11 than one clause of this subparagraph;
12 (C) examine the prevalence of the perpetra-
13 tion of intimate partner violence by veterans;
14 and
15 (D) include recommendations to address the
16 findings of the study.
17 (3) REPORT.—Not later than 30 days after the
18 date on which the Secretary completes the study
19 under paragraph (1), the Secretary shall submit to
20 the Committee on Veterans’ Affairs of the Senate and
21 the Committee on Veterans’ Affairs of the House of
22 Representatives a report on such study.
23 (b) TASK FORCE.—
24 (1) IN GENERAL.—Not later than 90 days after
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1 under subsection (a), the Secretary, in consultation
2 with the Attorney General and the Secretary of
3 Health and Human Services, shall establish a na-
4 tional task force (in this section referred to as the
5 ‘‘Task Force’’) to develop a comprehensive national
6 program, including by integrating facilities, services,
7 and benefits of the Department of Veterans Affairs
8 into existing networks of community-based intimate
9 partner violence and sexual assault services, to ad-
10 dress intimate partner violence and sexual assault
11 among veterans.
12 (2) LEADERSHIP.—The Secretary of Veterans Af-
13 fairs shall lead the Task Force in collaboration with
14 the Attorney General and the Secretary of Health and
15 Human Services.
16 (c) CONSULTATION WITH STAKEHOLDERS.—In car-
17 rying out this section, the Task Force shall consult with—
18 (1) representatives from veteran service organiza-
19 tions and military service organizations;
20 (2) representatives from not fewer than three na-
21 tional organizations or State coalitions with dem-
22 onstrated expertise in intimate partner violence pre-
23 vention, response, or advocacy; and
24 (3) representatives from not fewer than three na-
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1 those representing underserved and ethnic minority
2 communities, with demonstrated expertise in sexual
3 assault prevention, response, or advocacy.
4 (d) DUTIES.—The duties of the Task Force shall in-
5 clude the following:
6 (1) To review existing services and policies of the
7 Department and develop a comprehensive national
8 program to be carried out by the Secretary of Vet-
9 erans Affairs, in collaboration with the heads of rel-
10 evant Federal agencies, to address intimate partner
11 violence and sexual assault prevention, response, and
12 treatment.
13 (2) To review the feasibility and advisability of
14 establishing an expedited process to secure emergency,
15 temporary benefits, including housing or other bene-
16 fits, for veterans who are experiencing intimate part-
17 ner violence or sexual assault.
18 (3) To review and make recommendations re-
19 garding the feasibility and advisability of establishing
20 dedicated, temporary housing assistance for veterans
21 experiencing intimate partner violence or sexual as-
22 sault.
23 (4) To identify any requirements regarding inti-
24 mate partner violence assistance or sexual assault re-
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1 partment and make recommendations on how the De-
2 partment can meet such requirements.
3 (5) To review and make recommendations re-
4 garding the feasibility and advisability of providing
5 direct services or contracting for community-based
6 services for veterans in response to a sexual assault,
7 including through the use of sexual assault nurse ex-
8 aminers, particularly in underserved or remote areas,
9 including services for Native American veterans.
10 (6) To review the availability of counseling serv-
11 ices provided by the Department and through peer
12 network support, and to provide recommendations for
13 the enhancement of such services, to address—
14 (A) the perpetration of intimate partner vi-
15 olence and sexual assault; and
16 (B) the recovery of veterans, particularly
17 women veterans, from intimate partner violence
18 and sexual assault.
19 (7) To review and make recommendations to ex-
20 pand services available for veterans at risk of perpe-
21 trating intimate partner violence.
22 (e) REPORT.—Not later than one year after the date
23 of the enactment of this Act, and not less frequently than
24 annually thereafter by October 1 of each year, the Task
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1 Congress a report on the activities of the Task Force, includ-
2 ing any recommendations for legislative or administrative
3 action.
4 (f) NONAPPLICABILITY OF FACA.—The Task Force
5 shall not be subject to the requirements of the Federal Advi-
6 sory Committee Act (5 U.S.C. App.).
7 (g) DEFINITIONS.—In this section:
8 (1) NATIVE AMERICAN VETERAN.—The term
9 ‘‘Native American veteran’’ has the meaning given
10 that term in section 3765 of title 38, United States
11 Code.
12 (2) STATE.—The term ‘‘State’’ has the meaning
13 given that term in section 101 of title 38, United
14 States Code.
15 TITLE IV—DATA COLLECTION
16 AND REPORTING
17 SEC. 401. REQUIREMENT FOR COLLECTION AND ANALYSIS
18 OF DATA ON DEPARTMENT OF VETERANS AF-
19 FAIRS BENEFITS AND SERVICES AND
20 DISAGGREGATION OF SUCH DATA BY GEN-
21 DER, RACE, AND ETHNICITY.
22 The Secretary of Veterans Affairs shall—
23 (1) collect and analyze data on each program of
24 the Department of Veterans Affairs that provides a
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1 carried out under section 1144 of title 10, United
2 States Code;
3 (2) disaggregate such data by gender, race, and
4 ethnicity, when the data lends itself to such
5 disaggregation; and
6 (3) publish the data collected and analyzed
7 under paragraph (1), except for such cases in which
8 the Secretary determines that some portions of the
9 data would undermine the anonymity of a veteran.
10 SEC. 402. STUDY ON BARRIERS FOR WOMEN VETERANS TO
11 RECEIPT OF HEALTH CARE FROM DEPART-
12 MENT OF VETERANS AFFAIRS.
13 (a) STUDY REQUIRED.—The Secretary of Veterans Af-
14 fairs shall conduct a comprehensive study of the barriers
15 to the provision of comprehensive health care by the Depart-
16 ment of Veterans Affairs encountered by women who are
17 veterans.
18 (b) SURVEY.—In conducting the study required by
19 subsection (a), the Secretary shall—
20 (1) survey women veterans who seek or receive
21 hospital care or medical services provided by the De-
22 partment as well as women veterans who do not seek
23 or receive such care or services;
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1 (2) administer the survey to a representative
2 sample of women veterans from each Veterans Inte-
3 grated Service Network; and
4 (3) ensure that the sample of women veterans
5 surveyed is of sufficient size for the study results to
6 be statistically significant and is a larger sample
7 than that of the study specified in subsection (c)(1).
8 (c) USE OF PREVIOUS STUDIES.—In conducting the
9 study required by subsection (a), the Secretary shall build
10 on the work of the studies of the Department titled—
11 (1) ‘‘National Survey of Women Veterans in Fis-
12 cal Year 2007–2008’’; and
13 (2) ‘‘Study of Barriers for Women Veterans to
14 VA Health Care 2015’’.
15 (d) ELEMENTS OF STUDY.—In conducting the study
16 required by subsection (a), the Secretary shall conduct re-
17 search on the effects of the following on the women veterans
18 surveyed in the study:
19 (1) The barriers associated with seeking mental
20 health care services, including with respect to pro-
21 vider availability, telehealth access, and family, work,
22 and school obligations.
23 (2) The effect of driving distance or availability
24 of other forms of transportation to the nearest medical
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1 (3) The effect of access to care from non-Depart-
2 ment providers.
3 (4) The availability of child care.
4 (5) The satisfaction of such veterans with the
5 provision by the Department of integrated primary
6 care, women’s health clinics, or both, including per-
7 ceptions of quality of care, safety, and comfort.
8 (6) The understanding and perceived accessi-
9 bility among such veterans of eligibility requirements
10 for, and the scope of services available under, hospital
11 care and medical services.
12 (7) The perception of such veterans of personal
13 safety and comfort in inpatient, outpatient, and be-
14 havioral health facilities.
15 (8) The gender sensitivity of health care pro-
16 viders and staff to issues that particularly affect
17 women.
18 (9) The effectiveness of outreach for health care
19 services available to women veterans.
20 (10) The location and operating hours of health
21 care facilities that provide services to women veterans.
22 (11) The perception of such veterans of the motto
23 of the Department.
24 (12) Such other significant barriers as the Sec-
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1 (e) DISCHARGE BY CONTRACT.—The Secretary shall
2 enter into a contract with a qualified independent entity
3 or organization to carry out the study and research re-
4 quired under this section.
5 (f) MANDATORY REVIEW OF DATA BY CERTAIN DE-
6 PARTMENT DIVISIONS.—
7 (1) REVIEW.—
8 (A) IN GENERAL.—The Secretary shall en-
9 sure that the head of each division of the Depart-
10 ment of Veterans Affairs specified in paragraph
11 (2) reviews the results of the study conducted
12 under this section.
13 (B) SUBMITTAL OF FINDINGS.—The head of
14 each division specified in paragraph (2) shall
15 submit findings with respect to the study under
16 this section to the Under Secretary of the De-
17 partment with responsibilities relating to health
18 care services for women veterans.
19 (2) SPECIFIED DIVISIONS.—The divisions of the
20 Department of Veterans Affairs specified in this para-
21 graph are the following:
22 (A) The Office of the Under Secretary for
23 Health.
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1 (B) The Office of Women’s Health estab-
2 lished under section 7310 of title 38, United
3 States Code.
4 (C) The Center for Women Veterans under
5 section 318 of such title.
6 (D) The Advisory Committee on Women
7 Veterans established under section 542 of such
8 title.
9 (g) REPORT.—
10 (1) IN GENERAL.—Not later than 30 months
11 after the date of the enactment of this Act, the Sec-
12 retary shall submit to Congress a report on the study
13 required under this section.
14 (2) ELEMENTS.—The report under paragraph
15 (1) shall include—
16 (A) the findings of the head of each division
17 of the Department specified under subsection
18 (f)(2); and
19 (B) recommendations for such administra-
20 tive and legislative action as the Secretary con-
21 siders appropriate.
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1 SEC. 403. STUDY ON FEASIBILITY AND ADVISABILITY OF OF-
2 FERING PARENTING STAIR PROGRAM AT ALL
3 MEDICAL CENTERS OF DEPARTMENT OF VET-
4 ERANS AFFAIRS.
5 (a) IN GENERAL.—The Secretary of Veterans Affairs
6 shall conduct a study on the feasibility and advisability of
7 expanding the Parenting STAIR program to all medical
8 centers of the Department of Veterans Affairs and including
9 such program as part of care for military sexual trauma
10 for affected members and former members of the Armed
11 Forces.
12 (b) ELEMENTS.—In conducting the study under sub-
13 section (a), the Secretary shall assess—
14 (1) staffing needed to offer the Parenting STAIR
15 program at all medical centers of the Department;
16 (2) any additional infrastructure or resources
17 (such as child care during the program) needed for
18 the expansion of the program; and
19 (3) such other factors relevant to the expansion
20 of the program as the Secretary considers appro-
21 priate.
22 (c) REPORTS TO CONGRESS.—
23 (1) INTERIM REPORT.—Not later than one year
24 after the date of the enactment of this Act, the Sec-
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25 retary shall submit to the Committee on Veterans’ Af-
26 fairs of the Senate and the Committee on Veterans’
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1 Affairs of the House of Representatives a report de-
2 tailing—
3 (A) the current number and locations of all
4 facilities of the Department offering the Par-
5 enting STAIR program; and
6 (B) the number of veterans served by such
7 program in the most recent fiscal year or cal-
8 endar year for which data is available.
9 (2) FINAL REPORT.—Not later than three years
10 after the date of the enactment of this Act, the Sec-
11 retary shall submit to the Committee on Veterans’ Af-
12 fairs of the Senate and the Committee on Veterans’
13 Affairs of the House of Representatives a report de-
14 tailing—
15 (A) the results of the study conducted under
16 subsection (a);
17 (B) an update on how many veterans have
18 used the Parenting STAIR program since its de-
19 velopment in fiscal year 2017, disaggregated by
20 year, including the locations in which veterans
21 have used such program; and
22 (C) a determination on the feasibility and
23 advisability of expanding the Parenting STAIR
24 program to all medical facilities of the Depart-
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1 (d) DEFINITIONS.—In this section:
2 (1) AFFECTED MEMBERS AND FORMER MEMBERS
3 OF THE ARMED FORCES.—The term ‘‘affected mem-
4 bers and former members of the Armed Forces’’ means
5 members and former members of the Armed Forces
6 who are parents and have experienced military sexual
7 trauma.
8 (2) MILITARY SEXUAL TRAUMA.—The term
9 ‘‘military sexual trauma’’ means a condition de-
10 scribed in section 1720D(a)(1) of title 38, United
11 States Code.
12 (3) PARENTING STAIR PROGRAM.—The term
13 ‘‘Parenting STAIR program’’ means the program of
14 the Department of Veterans Affairs that consists of a
15 five-session, parenting-specific treatment protocol
16 based on skills training in affective and interpersonal
17 regulation (commonly referred to as ‘‘STAIR’’), which
18 is a cognitive behavioral therapy that has been identi-
19 fied as a promising practice for treating post-trau-
20 matic stress disorder, including chronic and com-
21 plicated forms, among individuals with co-occurring
22 disorders.
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1 SEC. 404. GAP ANALYSIS OF DEPARTMENT OF VETERANS
2 AFFAIRS PROGRAMS THAT PROVIDE ASSIST-
3 ANCE TO WOMEN VETERANS WHO ARE HOME-
4 LESS.
5 (a) IN GENERAL.—The Secretary of Veterans Affairs
6 shall complete an analysis of programs of the Department
7 of Veterans Affairs that provide assistance to women vet-
8 erans who are homeless or precariously housed to identify
9 the areas in which such programs are failing to meet the
10 needs of such women.
11 (b) REPORT.—Not later than 270 days after the date
12 of the enactment of this Act, the Secretary shall submit to
13 the Committee on Veterans’ Affairs of the Senate and the
14 Committee on Veterans’ Affairs of the House of Representa-
15 tives a report on the analysis completed under subsection
16 (a).
17 TITLE V—BENEFITS MATTERS
18 SEC. 501. STANDARD OF PROOF FOR SERVICE-CONNECTION
19 OF MENTAL HEALTH CONDITIONS RELATED
20 TO MILITARY SEXUAL TRAUMA.
21 (a) STANDARD OF PROOF.—Section 1154 of title 38,
22 United States Code, is amended by adding at the end the
23 following new subsection:
24 ‘‘(c)(1)(A) In the case of any veteran who claims that
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26 vated by military sexual trauma during active military,
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1 naval, or air service, the Secretary shall accept as sufficient
2 proof of service-connection a diagnosis of such mental health
3 condition by a mental health professional together with sat-
4 isfactory lay or other evidence of such trauma and an opin-
5 ion by the mental health professional that such covered men-
6 tal health condition is related to such military sexual trau-
7 ma, if consistent with the circumstances, conditions, or
8 hardships of such service, notwithstanding the fact that
9 there is no official record of such incurrence or aggravation
10 in such service, and, to that end, shall resolve every reason-
11 able doubt in favor of the veteran.
12 ‘‘(B) Service-connection of a covered mental health
13 condition described in subparagraph (A) may be rebutted
14 by clear and convincing evidence to the contrary.
15 ‘‘(C) The reasons for granting or denying service-con-
16 nection in each case shall be recorded in full.
17 ‘‘(2) In this subsection:
18 ‘‘(A) The term ‘covered mental health condition’
19 means post-traumatic stress disorder, anxiety, depres-
20 sion, or other mental health diagnosis described in the
21 current version of the Diagnostic and Statistical
22 Manual of Mental Disorders published by the Amer-
23 ican Psychiatric Association that the Secretary deter-
24 mines to be related to military sexual trauma.
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1 ‘‘(B) The term ‘military sexual trauma’ means,
2 with respect to a veteran, a physical assault of a sex-
3 ual nature, battery of a sexual nature, technological
4 abuse of a sexual nature, or sexual harassment during
5 active military, naval, or air service.’’.
6 (b) USE OF EVIDENCE IN EVALUATING DISABILITY
7 CLAIMS INVOLVING MILITARY SEXUAL TRAUMA.—
8 (1) IN GENERAL.—Subchapter VI of chapter 11
9 of such title is amended by adding at the end the fol-
10 lowing new section:
11 ‘‘§ 1164. Evaluation of claims involving military sex-
12 ual trauma
13 ‘‘(a) NONMILITARY SOURCES OF EVIDENCE.—(1) In
14 carrying out section 1154(c) of this title, the Secretary shall
15 ensure that if a claim for compensation under this chapter
16 is received by the Secretary for a covered mental health con-
17 dition (as defined in such section) based on military sexual
18 trauma experienced by a veteran during active military,
19 naval, or air service, evidence from sources other than offi-
20 cial records of the Department of Defense regarding the vet-
21 eran’s service may corroborate the veteran’s account of the
22 assault, battery, or harassment.
23 ‘‘(2) Examples of evidence described in paragraph (1)
24 include the following:
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1 ‘‘(A) Records from law enforcement authorities,
2 rape crisis centers, mental health counseling centers,
3 hospitals, and physicians.
4 ‘‘(B) Pregnancy tests and tests for sexually
5 transmitted diseases.
6 ‘‘(C) Statements from family members, room-
7 mates, other members of the Armed Forces or vet-
8 erans, and clergy.
9 ‘‘(b) BEHAVIOR CHANGES CORROBORATING EVI-
10 DENCE.—(1) In carrying out section 1154(c) of this title,
11 the Secretary shall ensure that evidence of a behavior
12 change following military sexual trauma is one type of rel-
13 evant evidence that may be found in sources described in
14 such subsection.
15 ‘‘(2) Examples of behavior changes that may be rel-
16 evant evidence of military sexual trauma include the fol-
17 lowing:
18 ‘‘(A) A request for a transfer to another military
19 duty assignment.
20 ‘‘(B) Deterioration in work performance.
21 ‘‘(C) Substance abuse.
22 ‘‘(D) Episodes of depression, panic attacks, or
23 anxiety without an identifiable cause.
24 ‘‘(E) Unexplained economic or social behavior
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1 ‘‘(c) NOTICE AND OPPORTUNITY TO SUPPLY EVI-
2 DENCE.—The Secretary may not deny a claim of a veteran
3 for compensation under this chapter for a covered mental
4 health condition that is based on military sexual trauma
5 without first—
6 ‘‘(1) advising the veteran that evidence described
7 in subsections (a) and (b) may constitute credible cor-
8 roborating evidence of the military sexual trauma;
9 and
10 ‘‘(2) allowing the veteran an opportunity to fur-
11 nish such corroborating evidence or advise the Sec-
12 retary of potential sources of such evidence.
13 ‘‘(d) REVIEW OF EVIDENCE.—In reviewing a claim for
14 compensation described in subsection (a)(1), for any evi-
15 dence received with such claim that is described in sub-
16 section (a) or (b), the Secretary may submit such evidence
17 to such medical or mental health professional as the Sec-
18 retary considers appropriate, including clinical and coun-
19 seling experts employed by the Department, to obtain a
20 credible opinion as to whether the evidence indicates that
21 military sexual trauma occurred.
22 ‘‘(e) POINT OF CONTACT.—The Secretary shall ensure
23 that each document provided to a veteran relating to a
24 claim for compensation described in subsection (a)(1) in-
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1 cludes contact information for an appropriate point of con-
2 tact with the Department.
3 ‘‘(f) SPECIALIZED TEAMS.—(1) The Secretary shall es-
4 tablish specialized teams to process claims for compensation
5 described in subsection (a)(1).
6 ‘‘(2) The Secretary shall ensure that members of teams
7 established under paragraph (1) are trained to identify
8 markers indicating military sexual trauma.
9 ‘‘(3) In any case in which the Secretary obtains con-
10 flicting evidence relating to the substantiation of a claim
11 for compensation described in subsection (a)(1), the Sec-
12 retary shall give more credence to the evidence that is more
13 beneficial to the claimant.
14 ‘‘(g) DEFINITIONS.—In this section, the terms ‘covered
15 mental health condition’ and ‘military sexual trauma’ have
16 the meanings given such terms in section 1154(c) of this
17 title.’’.
18 (2) CLERICAL AMENDMENT.—The table of sec-
19 tions at the beginning of such chapter is amended by
20 adding at the end the following new item:
‘‘1164. Evaluation of claims involving military sexual trauma.’’.
21 (c) ANNUAL REPORTS.—
22 (1) IN GENERAL.—Subchapter VI of chapter 11
23 of title 38, United States Code, as amended by sub-
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24 section (b), is further amended by adding at the end
25 the following new section:
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1 ‘‘§ 1166. Annual reports on claims for disabilities in-
2 curred or aggravated by military sexual
3 trauma
4 ‘‘(a) REPORTS.—Not later than March 1, 2021, and
5 not less frequently than once each year thereafter through
6 2027, the Secretary shall submit to Congress a report on
7 covered claims submitted during the previous fiscal year to
8 identify and track the consistency of decisions across re-
9 gional offices.
10 ‘‘(b) ELEMENTS.—Each report under subsection (a)
11 shall include the following:
12 ‘‘(1) The number of covered claims submitted to
13 or considered by the Secretary during the fiscal year
14 covered by the report.
15 ‘‘(2) Of the covered claims listed under para-
16 graph (1), the number and percentage of such
17 claims—
18 ‘‘(A) submitted by each sex;
19 ‘‘(B) that were approved, including the
20 number and percentage of such approved claims
21 submitted by each sex; and
22 ‘‘(C) that were denied, including the num-
23 ber and percentage of such denied claims sub-
24 mitted by each sex.
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25 ‘‘(3) Of the covered claims listed under para-
26 graph (1) that were approved, the number and per-
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1 centage, disaggregated by sex, of claims assigned to
2 each rating percentage.
3 ‘‘(4) Of the covered claims listed under para-
4 graph (1) that were denied—
5 ‘‘(A) the three most common reasons given
6 by the Secretary under section 5104(b)(1) of this
7 title for such denials; and
8 ‘‘(B) the number of denials that were based
9 on the failure of a veteran to report for a med-
10 ical examination.
11 ‘‘(5) The number of covered claims that, as of the
12 end of the fiscal year covered by the report, are pend-
13 ing and, separately, the number of such claims on ap-
14 peal.
15 ‘‘(6) For the fiscal year covered by the report, the
16 average number of days that covered claims take to
17 complete, beginning on the date on which the claim
18 is submitted.
19 ‘‘(7) A description of the training that the Sec-
20 retary provides to employees of the Veterans Benefits
21 Administration, or such contractors or other individ-
22 uals as the Secretary considers appropriate, specifi-
23 cally with respect to covered claims, including the fre-
24 quency, length, and content of such training.
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25 ‘‘(c) DEFINITIONS.—In this section:
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1 ‘‘(1) The term ‘covered claims’ means claims for
2 disability compensation submitted to the Secretary
3 based on a covered mental health condition alleged to
4 have been incurred or aggravated by military sexual
5 trauma.
6 ‘‘(2) The terms ‘covered mental health condition’
7 and ‘military sexual trauma’ have the meanings
8 given such terms in section 1154(c) of this title.’’.
9 (2) CLERICAL AMENDMENT.—The table of sec-
10 tions at the beginning of such chapter, as amended by
11 subsection (b), is further amended by adding at the
12 end the following new item:
‘‘1166. Annual reports on claims for disabilities incurred or aggravated by mili-
tary sexual trauma.’’.
13 (d) EFFECTIVE DATE.—Subsection (c) of section 1154
14 of title 38, United States Code, as added by subsection (a),
15 shall apply with respect to any claim for disability com-
16 pensation under laws administered by the Secretary of Vet-
17 erans Affairs for which no final decision has been made be-
18 fore the date of the enactment of this Act.
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1 SEC. 502. CHOICE OF SEX OF DEPARTMENT OF VETERANS
2 AFFAIRS MEDICAL EXAMINER FOR ASSESS-
3 MENT OF CLAIMS FOR COMPENSATION RE-
4 LATING TO DISABILITY RESULTING FROM
5 PHYSICAL ASSAULT OF A SEXUAL NATURE,
6 BATTERY OF A SEXUAL NATURE, OR SEXUAL
7 HARASSMENT.
8 (a) IN GENERAL.—Subchapter VI of chapter 11 of title
9 38, United States Code, as amended by section 501, is fur-
10 ther amended by inserting after section 1164, as added by
11 section 501, the following new section:
12 ‘‘§ 1165. Choice of sex of medical examiner for certain
13 disabilities
14 ‘‘(a) IN GENERAL.—The Secretary shall ensure that a
15 veteran who requires a medical examination from a covered
16 medical provider in support of a claim for compensation
17 under this chapter for a mental or physical health condition
18 that resulted from a physical assault of a sexual nature,
19 battery of a sexual nature, or sexual harassment may des-
20 ignate the sex of the medical provider who provides such
21 medical examination.
22 ‘‘(b) COVERED MEDICAL PROVIDERS.—For purposes of
23 this section, a covered medical provider is any medical pro-
24 vider who is employed by the Department or is under any
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1 tions for the purpose of assessing a claim for compensation
2 under this chapter.
3 ‘‘(c) NOTICE.—Before providing any medical exam-
4 ination for a veteran in support for a claim described in
5 subsection (a), the Secretary shall notify the veteran of the
6 veteran’s rights under subsection (a).’’.
7 (b) CLERICAL AMENDMENT.—The table of sections at
8 the beginning of chapter 11 of such title, as amended by
9 section 501, is further amended by inserting after the item
10 relating to section 1164 the following new item:
‘‘1165. Choice of sex of medical examiner for certain disabilities.’’.
11 SEC. 503. SECRETARY OF VETERANS AFFAIRS REPORT ON
12 IMPLEMENTING RECOMMENDATIONS OF IN-
13 SPECTOR GENERAL OF DEPARTMENT OF VET-
14 ERANS AFFAIRS IN CERTAIN REPORT ON DE-
15 NIED POSTTRAUMATIC STRESS DISORDER
16 CLAIMS RELATED TO MILITARY SEXUAL
17 TRAUMA.
18 Not later than 90 days after the date of the enactment
19 of this Act, the Secretary of Veterans Affairs shall submit
20 to the Committee on Veterans’ Affairs of the Senate and
21 the Committee on Veterans’ Affairs of the House a report
22 on the progress of the Secretary in implementing the rec-
23 ommendations from the report of the Inspector General of
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24 the Department of Veterans Affairs entitled ‘‘Denied
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1 Posttraumatic Stress Disorder Claims Related to Military
2 Sexual Trauma’’ (17–05248–241).
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•S 514 RS
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Calendar No. 536
116TH CONGRESS
2D SESSION S. 514
A BILL S514
E:\BILLS\S514.RS
To amend title 38, United States Code, to improve
the benefits and services provided by the Depart-
ment of Veterans Affairs to women veterans, and
for other purposes.
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SEPTEMBER 15, 2020
Reported with an amendment
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