Survivors of Military Sexual Assault and Domestic Abuse Act of 2013

Summary: Survivors of Military Sexual Assault and Domestic Abuse Act of 2013 - Authorizes the Secretary of Veterans Affairs (VA) to provide counseling and care and services for sexual trauma to active-duty members of the Armed Forces. (Under current law, such services are provided only to veterans.) Prohibits such a member from being required to obtain a referral before receiving such services. Directs the Secretary to develop and implement a screening mechanism to be used when a veteran seeks VA health care services to detect if such veteran has been a victim of domestic abuse in order to improve such treatment and assess the prevalence of such abuse in the veteran population. Requires the Secretary to report to the congressional veterans committees on treatment and services available from the VA for male veterans who experience military sexual trauma compared to such treatment and services available to female veterans who experience such trauma. Directs the Department of Veterans Affairs-Department of Defense Joint Executive Committee, annually for a six-year period, to report to the defense and appropriations committees on the transition from the Department of Defense (DOD) to the VA of treatment of individuals who have experienced military sexual trauma or domestic abuse.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Survivors of Military Sexual Assault 
and Domestic Abuse Act of 2013''.

SEC. 2. PROVISION OF COUNSELING AND TREATMENT FOR SEXUAL TRAUMA BY THE 
              DEPARTMENT OF VETERANS AFFAIRS TO MEMBERS OF THE ARMED 
              FORCES.

    (a) Expansion of Coverage to Members of the Armed Forces.--
Subsection (a) of section 1720D of title 38, United States Code, is 
amended--
            (1) by redesignating paragraph (2) as paragraph (3);
            (2) by inserting after paragraph (1) the following new 
        paragraph (2):
    ``(2)(A) In operating the program required by paragraph (1), the 
Secretary may, in consultation with the Secretary of Defense, provide 
counseling and care and services to members of the Armed Forces 
(including members of the National Guard and Reserves) on active duty 
to overcome psychological trauma described in that paragraph.
    ``(B) A member described in subparagraph (A) shall not be required 
to obtain a referral before receiving counseling and care and services 
under this paragraph.''; and
            (3) in paragraph (3), as redesignated by paragraph (1)--
                    (A) by striking ``a veteran'' and inserting ``an 
                individual''; and
                    (B) by striking ``that veteran'' each place it 
                appears and inserting ``that individual''.
    (b) Information to Members on Availability of Counseling and 
Services.--Subsection (c) of such section is amended--
            (1) by striking ``to veterans'' each place it appears; and
            (2) in paragraph (3), by inserting ``members of the Armed 
        Forces and'' before ``individuals''.
    (c) Inclusion of Members in Reports on Counseling and Services.--
Subsection (e) of such section is amended--
            (1) in the matter preceding paragraph (1), by striking ``to 
        veterans'';
            (2) in paragraph (2)--
                    (A) by striking ``women veterans'' and inserting 
                ``individuals''; and
                    (B) by striking ``training under subsection (d).'' 
                and inserting ``training under subsection (d), 
                disaggregated by--
                    ``(A) veterans;
                    ``(B) members of the Armed Forces (including 
                members of the National Guard and Reserves) on active 
                duty; and
                    ``(C) for each of subparagraphs (A) and (B)--
                            ``(i) men; and
                            ``(ii) women.'';
            (3) in paragraph (4), by striking ``veterans'' and 
        inserting ``individuals''; and
            (4) in paragraph (5)--
                    (A) by striking ``women veterans'' and inserting 
                ``individuals''; and
                    (B) by inserting ``, including specific 
                recommendations for individuals specified in 
                subparagraphs (A), (B), and (C) of paragraph (2)'' 
                before the period at the end.

SEC. 3. DEPARTMENT OF VETERANS AFFAIRS SCREENING MECHANISM TO DETECT 
              INCIDENTS OF DOMESTIC ABUSE.

    (a) In General.--Not later than 540 days after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall develop 
and implement a screening mechanism to be used when a veteran seeks 
healthcare services from the Department of Veterans Affairs to detect 
if the veteran has been a victim of domestic abuse for purposes of 
improving the treatment of the veteran and assessing the prevalence of 
domestic abuse in the veteran population.
    (b) Domestic Abuse Defined.--In this section, the term ``domestic 
abuse'' means behavior with respect to an individual that--
            (1) constitutes--
                    (A) a pattern of behavior resulting in physical or 
                emotional abuse, economic control, or interference with 
                the personal liberty of that individual;
                    (B) a violation of Federal or State law involving 
                the use, attempted use, or threatened use of force or 
                violence against that individual; or
                    (C) a violation of a lawful order issued for the 
                protection of that individual; and
            (2) is committed by a person who--
                    (A) is a current or former spouse or domestic 
                partner of that individual;
                    (B) shares a child in common with that individual;
                    (C) is a current or former intimate partner of that 
                individual that shares or has shared a common domicile 
                with that individual;
                    (D) is a caregiver of that individual as defined in 
                section 1720G(d) of title 38, United States Code; or
                    (E) is in any other type of relationship with that 
                individual that the Secretary may specify for purposes 
                of this section.

SEC. 4. REPORTS ON MILITARY SEXUAL TRAUMA AND DOMESTIC ABUSE.

    (a) Report on Services Available for Military Sexual Trauma in the 
Department of Veterans Affairs.--Not later than one year after the date 
of the enactment of this Act, the Secretary of Veterans Affairs shall 
submit to the Committee on Veterans' Affairs of the Senate and the 
Committee on Veterans' Affairs of the House of Representatives a report 
on the treatment and services available from the Department of Veterans 
Affairs for male veterans who experience military sexual trauma 
compared to such treatment and services available to female veterans 
who experience military sexual trauma.
    (b) Report on Domestic Abuse Among Veterans.--The Secretary shall 
include with the report submitted under subsection (a) a report on 
domestic abuse among veterans that includes the following:
            (1) A summary of the types, outcomes, and circumstances of 
        incidents of domestic abuse that have been reported by veterans 
        during the two-year period preceding the submission of the 
        report.
            (2) A summary of the treatments available from the 
        Department for veterans who experience domestic abuse and an 
        assessment of the effectiveness of those treatments.
            (3) Whether an incident of military sexual trauma or sexual 
        trauma experienced after the age of 18 may increase the risk of 
        domestic abuse.
            (4) Any other issues that the Secretary determines 
        appropriate.
    (c) Reports on Transition of Military Sexual Trauma and Domestic 
Abuse Treatment From Department of Defense to Department of Veterans 
Affairs.--Not later than one year after the date of the enactment of 
this Act, and annually thereafter for five years, the Department of 
Veterans Affairs-Department of Defense Joint Executive Committee 
established by section 320(a) of title 38, United States Code, shall 
submit to the appropriate committees of Congress a report on military 
sexual trauma and domestic abuse that includes the following:
            (1) The processes and procedures utilized by the Department 
        of Veterans Affairs and the Department of Defense to facilitate 
        transition of treatment of individuals who have experienced 
        military sexual trauma or domestic abuse from treatment 
        provided by the Department of Defense to treatment provided by 
        the Department of Veterans Affairs.
            (2) A description and assessment of the collaboration 
        between the Department of Veterans Affairs and the Department 
        of Defense in assisting veterans in filing claims for 
        disabilities related to military sexual trauma or domestic 
        abuse, including permitting veterans access to information and 
        evidence necessary to develop or support such claims.
    (d) Definitions.--In this section:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Veterans' Affairs and the 
                Committee on Armed Services of the Senate; and
                    (B) the Committee on Veterans' Affairs and the 
                Committee on Armed Services of the House of 
                Representatives.
            (2) Domestic abuse.--The term ``domestic abuse'' has the 
        meaning given that term in section 3(b) of this Act.
            (3) Military sexual trauma.--The term ``military sexual 
        trauma'' means psychological trauma, which in the judgment of a 
        mental health professional employed by the Department, resulted 
        from a physical assault of a sexual nature, battery of a sexual 
        nature, or sexual harassment which occurred while the veteran 
        was serving on active duty or active duty for training.
            (4) Sexual harassment.--The term ``sexual harassment'' 
        means repeated, unsolicited verbal or physical contact of a 
        sexual nature which is threatening in character.
            (5) Sexual trauma.--The term ``sexual trauma'' shall have 
        the meaning given that term by the Secretary of Veterans 
        Affairs for purposes of this section.