H.R. 4971 — what changed

added “1720H. Mental health treatment for veterans who served in classified missions

added “(a) Establishment of standards

added “(1) The Secretary shall establish standards and procedures to ensure that each covered veteran may access mental health care provided by the Secretary in a manner that fully accommodates the obligation of the veteran to not improperly disclose classified information.

added “(2) The Secretary shall disseminate guidance to employees of the Veterans Health Administration, including mental health professionals, on the standards and procedures established under paragraph (1) and how to best engage covered veterans during the course of mental health treatment with respect to classified information.

added “(b) Identification—In carrying out this section, the Secretary shall ensure that a veteran may elect to identify as a covered veteran on an appropriate form.

added “(c) Definitions—In this section:

added “(1) The term classified information means any information or material that has been determined by an official of the United States pursuant to law, an Executive order, or regulation to require protection against unauthorized disclosure for reasons of national security.

added “(2) The term covered veteran means a veteran who—

added “(A) is enrolled in the health care system established under section 1705(a) of this title;

added “(B) is seeking mental health treatment; and

added “(C) in the course of serving in the Armed Forces, participated in a sensitive mission or served in a sensitive unit.

added “(3) The term sensitive mission means a mission of the Armed Forces that, at the time at which a covered veteran seeks treatment, is classified.

added “(4) The term sensitive unit has the meaning given that term in section 130b(c)(4) of title 10.”

added Section 7107 of title 38, United States Code, is amended—

added “(1)

added “(A) Upon request for a hearing, the Board shall determine, for purposes of scheduling the hearing for the earliest possible date, whether a hearing before the Board will be held at its principal location or at a facility of the Department or other appropriate Federal facility located within the area served by a regional office of the Department. The Board shall also determine whether to provide a hearing through the use of the facilities and equipment described in subsection (e)(1) or by the appellant personally appearing before a Board member or panel.

added “(B) The Board shall notify the appellant of the determinations of the location and type of hearing made under subparagraph (A). Upon notification, the appellant may request a different location or type of hearing as described in such subparagraph. If so requested, the Board shall grant such request and ensure that the hearing is scheduled at the earliest possible date without any undue delay or other prejudice to the appellant.”

added “(2) Any hearing provided through the use of the facilities and equipment described in paragraph (1) shall be conducted in the same manner as, and shall be considered the equivalent of, a personal hearing.”