[Congressional Record Volume 169, Number 120 (Thursday, July 13, 2023)]
[Senate]
[Page S2780]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 667. Ms. ERNST (for herself, Ms. Rosen, and Ms. Duckworth)
submitted an amendment intended to be proposed by her to the bill S.
2226, to authorize appropriations for fiscal year 2024 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:
At the appropriate place in title X, insert the following:
SEC. 10__. CREDIT FOR CERTAIN MEMBERS OF THE ARMED FORCES WHO
SERVED IN FEMALE CULTURAL SUPPORT TEAMS.
(a) Findings.--Congress finds the following:
(1) In 2010, the Commander of United States Special
Operations Command established the Cultural Support Team
Program to overcome significant intelligence gaps during the
Global War on Terror.
(2) From 2010 through 2021, approximately 310 female
members, from every Armed Force, passed and were selected as
members of female cultural support teams, and deployed with
special operations forces.
(3) Members of female cultural support teams served
honorably, demonstrated commendable courage, overcame such
intelligence gaps, engaged in direct action, and suffered
casualties during the Global War on Terror.
(4) The Federal Government has a duty to recognize members
and veterans of female cultural support teams who volunteered
to join the Armed Forces, to undergo arduous training for
covered service, and to execute dangerous and classified
missions in the course of such covered service.
(5) Members who performed covered service have sought
treatment from the Department of Veterans Affairs for
traumatic brain injuries, post-traumatic stress, and
disabling physical trauma incurred in the course of such
covered service, but have been denied such care.
(b) Sense of Congress.--It is the Sense of Congress that
individuals who performed covered service performed
exceptional service to the United States.
(c) Military Service: Records; Calculation of Retired
Pay.--Not later than one year after the date of the enactment
of this Act, each Secretary concerned shall--
(1) ensure that the performance of covered service is
included in--
(A) the military service record of each individual who
performed covered service; and
(B) the computation of retired pay for each individual who
performed covered service; and
(2) transmit to the Secretary of Veterans Affairs a list of
each veteran who performed covered service whose military
service record was modified pursuant to paragraph (1).
(d) Claims for Veterans Benefits Arising From Covered
Service.--
(1) Determination of service connection.--Upon the filing
of a claim by an individual described in paragraph (3)(C) for
service-connected disability or death incurred or aggravated
in the course of covered service, the Secretary of Veterans
Affairs shall treat such claims as claims based on
participation in special operations incidents (as defined in
section A of chapter 9 of subpart IV of part VIII of the M21-
1 Manual of the Department, or successor).
(2) Treatment of covered service.--In the consideration of
a claim under this subsection, the Secretary shall treat
covered service as special operations (as defined in section
A of chapter 9 of subpart IV of part VIII of the M21-1 Manual
of the Department, or successor).
(3) Effective date of award.--
(A) In general.--Except as provided by subparagraph (B),
the effective date of an award under this subsection shall be
determined in accordance with section 5110 of title 38,
United States Code.
(B) Exception.--Notwithstanding subsection (g) of such
section, the Secretary shall determine the effective date of
an award based on a claim under this subsection for an
individual described in subparagraph (C) by treating the date
on which the individual filed the initial claim specified in
clause (i) of such subparagraph as the date on which the
individual filed the claim so awarded under this section.
(C) Eligible individuals.--An individual described in this
subparagraph is an individual who performed covered service,
or a survivor of such an individual--
(i) who, before the date of the enactment of this Act,
submitted a claim for service-connected disability or death
of such individual;
(ii) whose such claim was denied by reason of the claim not
establishing that the disability or death was service-
connected;
(iii) who submits a claim during the period of three years
beginning on the date of the enactment of this Act, for the
same condition covered by the prior claim under clause; and
(iv) whose such claim is approved pursuant to this
subsection.
(4) Processing of claims.--The Secretary of Veterans
Affairs, in consultation with the Secretary of Defense, shall
improve training and guidance for employees who may process a
claim under this subsection.
(5) Outreach.--
(A) In general.--The Secretary shall conduct outreach to
inform individuals who performed covered service (and
survivors of such individuals) that they may submit
supplemental claims for service-connected disability or death
incurred or aggravated in the course of covered service.
(B) Elements.--Outreach conducted pursuant to subparagraph
(A) shall include the following:
(i) Contact individuals described in subparagraph (A),
especially individuals who are veterans included in the list
transmitted pursuant to subsection (c)(2) and survivors of
such veterans, directly to inform them of the treatment of
covered service described in subsection (d)(2) and that they
may submit supplemental claims as described in such
subparagraph.
(ii) Publishing on the internet website of the Department a
notice that such individuals may elect to file a supplemental
claim.
(iii) Notifying, in writing or by electronic means,
veterans service organizations of the ability of such
individuals to file a supplemental claim.
(e) Definitions.--In this section:
(1) Covered service.--The term ``covered service'' means
service--
(A) as a member of the Armed Forces;
(B) in a female cultural support team;
(C) with the personnel development skill identifier of R2J
or 5DK, or any other validation methods, such as valid sworn
statements, officer and enlisted performance evaluations,
training certificates, or records of an award from completion
of tour with a cultural support team; and
(D) during the period beginning on January 1, 2010, and
ending on August 31, 2021.
(2) Secretary concerned.--The term ``Secretary concerned''
has the meaning given such term in section 101 of title 10,
United States Code.
(3) Service-connected.--The term ``service-connected'' has
the meaning given such term in section 101 of title 38,
United States Code.
(4) Veteran.--The term ``veteran'' has the meaning given
such term in section 101 of title 38, United States Code.
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