This act prescribes that a peer support specialist of the Department of Veterans Affairs (VA) must not be responsible for providing assistance to a veteran regarding a claim for compensation for a covered mental health condition (e.g., post-traumatic stress disorder) based on military sexual trauma (MST) experienced during active service. Such specialists must only provide counseling services, guidance, and support and must not participate in the adjudication of the claim.
As part of the forms for claims for compensation for a covered mental health condition based on MST, the VA must include an option for a veteran to elect to be referred to a MST trauma coordinator at the VA facility closest to the veteran's residence.
Additionally, the VA must (1) ensure that its peer support specialists receive annual training on providing peer support regarding MST, and (2) provide annual training on the processing of claims for compensation for covered mental health conditions based on MST to its MST coordinators and peer specialists.
[117th Congress Public Law 271]
[From the U.S. Government Publishing Office]
[[Page 136 STAT. 4179]]
Public Law 117-271
117th Congress
An Act
To amend title 38, United States Code, to direct the Secretary of
Veterans Affairs to provide for peer support specialists for claimants
who are survivors of military sexual trauma, and for other
purposes. <<NOTE: Dec. 27, 2022 - [H.R. 2724]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. IMPROVEMENTS TO THE PROCESSING OF CLAIMS BY VETERANS
FOR COMPENSATION FOR CERTAIN MENTAL
HEALTH CONDITIONS BASED ON MILITARY
SEXUAL TRAUMA.
(a) In General.--Section 1166 of title 38, United States Code, is
amended--
(1) by striking ``or air service'' both places it appears
and inserting ``air, or space service'';
(2) in subsection (a)--
(A) in the heading, by striking ``In General'' and
inserting ``Processing'';
(B) by inserting ``(1)'' before ``The Secretary'';
and
(C) by adding at the end the following new
paragraphs:
``(2) A peer support specialist of the Department--
``(A) shall not be responsible for providing any assistance
to a veteran regarding a claim described in paragraph (1), other
than counseling services, guidance, and support, pursuant to
duties determined by the Under Secretary for Health; and
``(B) shall not participate in the adjudication of such a
claim.'';
(3) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively;
(4) by inserting, after subsection (a), the following new
subsection (b):
``(b) Referrals to MST Coordinators.--The Secretary shall include,
in forms for claims described in subsection (a), an option for a veteran
to elect to be referred to a military sexual trauma coordinator of the
Veterans Health Administration at the facility of the Department nearest
to the residence of such veteran.''; and
(5) in subsection (c), as redesignated--
(A) by inserting ``(1)'' before ``The Secretary'';
and
(B) by adding at the end the following new
paragraphs:
``(2) The Secretary shall ensure that peer support specialists of
the Department receive annual training on how to provide peer support
regarding military sexual trauma.
``(3) The Secretary shall provide annual training, regarding the
processing of claims described in subsection (a), to the following
individuals:
[[Page 136 STAT. 4180]]
``(A) Military sexual trauma coordinators of the Veterans
Health Administration.
``(B) Peer support specialists of the Department.'';
(b) Clerical Amendments.--
(1) Section heading.--The heading of such section is amended
by striking ``Specialized teams to evaluate claims'' and
inserting ``Claims''.
(2) Table of sections.--The table of sections at the
beginning of chapter 11 of such title <<NOTE: 38 USC 1101
prec.>> is amended by striking the item relating to section
1166 and inserting the following:
``1166. Claims involving military sexual trauma.''.
Approved December 27, 2022.
LEGISLATIVE HISTORY--H.R. 2724:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 168 (2022):
May 18, considered and passed House.
Dec. 15, considered and passed Senate.
<all>
Mr. Takano moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H5109-5110)
DEBATE - The House proceeded with forty minutes of debate on H.R. 2724.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H5168-5169)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 420 - 0 (Roll no. 224).
Roll Call #224 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 420 - 0 (Roll no. 224). (text: CR H5109)
Roll Call #224 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Veterans' Affairs.
Enacted as Public Law 117-271
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Senate Committee on Veterans' Affairs discharged by Unanimous Consent.
Senate Committee on Veterans' Affairs discharged by Unanimous Consent.
Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.
Passed Senate without amendment by Unanimous Consent. (consideration: CR S7268)
Message on Senate action sent to the House.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 117-271.
Became Public Law No: 117-271.