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Referenced Laws
Public Law 104–275
38 U.S.C. 5101
Section 1
1. Short title This Act may be cited as the Improving VA Training for Military Sexual Trauma Claims Act.
Section 2
2. Improvement of claims based on military sexual trauma under laws administered by the Secretary of Veterans Affairs Subsection (c) of section 1166 of title 38, United States Code, is amended— 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 by adding at the end the following new paragraphs: 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. The Secretary shall update training under this subsection not less than once annually. 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— training provided under such subsection before such date; and plans of the Secretary to carry out the amendments made by paragraph (1). Section 5103A(c) of title 38, United States Code, is amended— by redesignating paragraph (2) as paragraph (3); and by inserting, after paragraph (1), the following new paragraph (2): In the case of a claim under section 1166 of this title, the assistance provided by the Secretary under this section shall include obtaining— the service personnel record of the claimant; and the service medical record of the claimant. 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— sensitivity training required for health care professionals and 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 the plan of the Secretary to— improve such sensitivity training; and ensure that a veteran who makes such a claim is not retraumatized during such an examination by such a contracted health care professional. (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)In the case of a claim under section 1166 of this title, the assistance provided by the Secretary under this section shall include obtaining— (A)the service personnel record of the claimant; and
(B)the service medical record of the claimant..