Improving VA Training for Military Sexual Trauma Claims Act
Officially: “Improving VA Training for Military Sexual Trauma Claims Act” Read the full text
What it does
Read it in plain language
1Short title
This section would allow the Act to be referred to as the Improving VA Training for Military Sexual Trauma Claims Act.
Show official text
1. Short title This Act may be cited as the Improving VA Training for Military Sexual Trauma Claims Act .
2Improvement of claims based on military sexual trauma under laws administered by the Secretary of Veterans Affairs
This section would change several rules about how the Department of Veterans Affairs handles claims involving military sexual trauma under section 1166 of title 38, United States Code, and would add two new reporting requirements. First, it would replace the current training requirement in that section so that annual sensitivity training and other required training would apply to every Department employee who processes a military sexual trauma claim, communicates with a claimant about evidence supporting the claim, or decides the claim, instead of applying only to members of teams established for that purpose. It would also require the Secretary of Veterans Affairs to make sure this training matches how much experience each employee has with such claims, and to update the training at least once a year. Not later than 90 days after the Act is enacted, the Secretary would have to submit a report to the Committees on Veterans' Affairs of the Senate and House of Representatives on the training provided before that date and on the Secretary's plans for carrying out these training changes. Second, for claims made under section 1166, this section would require that the help the Secretary must provide claimants in gathering evidence, under section 5103A of title 38, include obtaining the claimant's service medical record in every case, and obtaining the claimant's service personnel record whenever the evidence already on file does not contain credible evidence supporting the military sexual trauma. Third, not later than 90 days after enactment, the Secretary would have to submit a separate report to the same committees on the sensitivity training required for contracted health care professionals, including individuals who communicate with veterans to schedule examinations, who are contracted under section 504 of the Veterans' Benefits Improvements Act of 1996 to perform examinations of veterans who file claims under section 1166. That report would have to cover the Secretary's plans to improve that sensitivity training and to make sure that a veteran who files such a claim is not retraumatized during an examination by a contracted health care professional.
Show official text
2. Improvement of claims based on military sexual trauma under laws administered by the Secretary of Veterans Affairs (a) Training for employees who process such claims (1) In general Subsection (c) of section 1166 of title 38, United States Code, is amended— (A) in paragraph (1), by striking members of teams established under subsection (a) are trained and inserting each employee of the Department who processes such a claim, communicates with a claimant regarding evidence supporting such a claim, or decides such a claim, receives annual sensitivity training and training ; and (B) by adding at the end the following new paragraphs: (4) The Secretary shall ensure that training received by an employee under this subsection is appropriate for how much experience the employee has with such claims. (5) The Secretary shall update training under this subsection not less than once annually. . (2) Report Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report regarding— (A) training provided under such subsection before such date; and (B) plans of the Secretary to carry out the amendments made by paragraph (1). (b) Expansion of duty to assist in obtaining records for a compensation claim Section 5103A(c) of title 38, United States Code, is amended— (1) by redesignating paragraph (2) as paragraph (3); and (2) by inserting, after paragraph (1), the following new paragraph (2): (2) In the case of a claim under section 1166 of this title, the assistance provided by the Secretary under this section shall include— (A) if there is no credible supporting evidence of a military sexual trauma in the evidence of record, obtaining the service personnel record of the claimant; and (B) obtaining the service medical record of the claimant. . (c) Sensitivity training for certain contracted health care professionals: report; improvements Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives a report on— (1) sensitivity training required for health care professionals (including individuals who communicate with veterans to schedule examinations), contracted under section 504 of the Veterans’ Benefits Improvements Act of 1996 ( Public Law 104–275 ; 38 U.S.C. 5101 note), to perform examinations of veterans who make claims under section 1166 of title 38, United States Code; and (2) the plan of the Secretary to— (A) improve such sensitivity training; and (B) ensure that a veteran who makes such a claim is not retraumatized during such an examination by such a contracted health care professional.
Where it is
In the House.