II 

117TH CONGRESS 

1ST SESSION S. 3025 

To amend title 38, United States Code, to expand health care and benefits 

from the Department of Veterans Affairs for military sexual trauma, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 20, 2021 

Mr. TESTER (for himself and Ms. MURKOWSKI) introduced the following bill; 

which was read twice and referred to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to expand health 

care and benefits from the Department of Veterans Affairs for military sexual trauma, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Servicemembers and Veterans Empowerment and Sup6 port Act of 2021’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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TITLE I—DEFINING MILITARY SEXUAL TRAUMA 

Sec. 101. Military sexual trauma defined for the digital age. 

TITLE II—DISABILITY COMPENSATION AND CLAIMS PROCESSING 

Sec. 201. Definition of military sexual trauma. 

Sec. 202. Conforming changes relating to specialized teams to evaluate claims 

involving military sexual trauma. 

Sec. 203. Standard of proof for service-connection of mental health conditions 

relating to military sexual trauma. 

Sec. 204. Choice of location of Department of Veterans Affairs medical examination for assessment of claims for compensation relating to 

disability resulting from military sexual trauma. 

Sec. 205. Communications from the Department of Veterans Affairs to military 

sexual trauma survivors. 

Sec. 206. Study on training and processing relating to claims for disability 

compensation relating to military sexual trauma. 

Sec. 207. Annual special focus review of claims for disability compensation for 

disabilities relating to military sexual trauma. 

TITLE III—ACCESS TO HEALTH CARE 

Sec. 301. Expansion of eligibility for counseling and treatment for military sexual trauma to include all former members of the reserve components of the Armed Forces. 

Sec. 302. Connection to Veterans Health Administration when a disability 

claim related to military sexual trauma is submitted to Veterans Benefits Administration. 

Sec. 303. Study on access to inpatient mental health care for survivors of military sexual trauma. 

Sec. 304. Pilot program for interim access to mental health care for survivors 

of military sexual trauma. 

Sec. 305. Comptroller General study on access to care for survivors of military 

sexual trauma at the Department of Veterans Affairs. 

1 TITLE I—DEFINING MILITARY 

2 SEXUAL TRAUMA 

3 SEC. 101. MILITARY SEXUAL TRAUMA DEFINED FOR THE 

4 DIGITAL AGE. 

5 (a) REVISION TO REGULATIONS REQUIRED.—The 

6 Secretary of Veterans Affairs shall, in accordance with 

7 subsection (b), revise regulations for the definition of 

8 ‘‘military sexual trauma’’ for the purposes of access to 

9 health care under chapter 17 of title 38, United States 

10 Code, and compensation under chapter 11 of such title. 


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1 (b) REQUIREMENTS.— 

2 (1) TECHNOLOGICAL ABUSE.— 

3 (A) IN GENERAL.—The Secretary shall en4 sure that all regulations revised under sub5 section (a) include matters relating to techno6 logical abuse to reflect sexual harassment in the 

7 digital age. 

8 (B) INCLUSION OF CERTAIN BEHAVIOR

9 AND ACTIVITIES.—For purposes of subpara10 graph (A), the term ‘‘technological abuse’’ may 

11 include— 

12 (i) behavior intended to harm, threat13 en, intimidate, control, stalk, harass, im14 personate, or monitor another person, ex15 cept as otherwise permitted by law, that 

16 occurs via the internet, social networking 

17 sites, computers, mobile devices, mobile 

18 telephones, apps, location tracking devices, 

19 instant messages, text messages, or other 

20 forms of technology; and 

21 (ii) specific activities, including— 

22 (I) unwanted, repeated telephone 

23 calls, text messages, instant messages, 

24 or social media posts; 


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1 (II) nonconsensual access of 

2 email accounts, texts or instant mes3 saging accounts, social networking ac4 counts, or mobile telephone logs; 

5 (III) attempting to control or re6 strict a person’s ability to access tech7 nology with the intent to isolate the 

8 person from support and social con9 nection; 

10 (IV) using tracking devices or lo11 cation tracking software for the pur12 pose of monitoring or stalking another 

13 person’s location; 

14 (V) impersonation of a person 

15 with the intent to deceive or cause 

16 harm through the use of spoofing 

17 technology or the creation of fake 

18 email or social media accounts; or 

19 (VI) pressuring for or sharing of 

20 another person’s private information, 

21 photographs, or videos without the 

22 person’s consent. 

23 (2) COLLABORATION.—In carrying out sub24 section (a), the Secretary of Veterans Affairs shall 

25 collaborate with the Secretary of Defense. 


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1 (3) CONSULTATION.—In carrying out sub2 section (a), the Secretary of Veterans Affairs shall 

3 consult with veterans service organizations, military 

4 service organizations, and other stakeholders. 

5 (c) COMMENCEMENT OF EFFORTS.—Not later than 

6 one year after the date of the enactment of this Act, the 

7 Secretary shall commence efforts to carry out subsection 

8 (a). 

9 (d) PROGRESS REPORT.—Not later than one year 

10 after the date of the enactment of this Act, the Secretary 

11 of Veterans Affairs shall submit to the Committee on Vet12 erans’ Affairs of the Senate and the Committee on Vet13 erans’ Affairs of the House of Representatives a report 

14 on the progress of the Secretary in carrying out subsection 

15 (a). 

16 (e) FINAL REGULATIONS.—Not later than two years 

17 after the date of the enactment of this Act, the Secretary 

18 shall— 

19 (1) issue the revised regulations required by 

20 subsection (a); and 

21 (2) update training aids, manuals, and informa22 tional materials for staff, veterans, members of the 

23 Armed Forces, and stakeholders to reflect the re24 vised regulations. 


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1 TITLE II—DISABILITY COM2 PENSATION AND CLAIMS 

3 PROCESSING 

4 SEC. 201. DEFINITION OF MILITARY SEXUAL TRAUMA. 

5 In this title, the term ‘‘military sexual trauma’’ has 

6 the meaning given such term in section 1167(j) of title 

7 38, United States Code, as added by section 203(a). 

8 SEC. 202. CONFORMING CHANGES RELATING TO SPECIAL9 IZED TEAMS TO EVALUATE CLAIMS INVOLV10 ING MILITARY SEXUAL TRAUMA. 

11 Section 1166(c) of title 38, United States Code, as 

12 redesignated by section 7(a) of the Training in High-de13 mand Roles to Improve Veteran Employment Act (Public 

14 Law 117–16), is amended by striking ‘‘In this section’’ 

15 and all that follows and inserting the following: ‘‘In this 

16 section, the terms ‘covered mental health condition’ and 

17 ‘military sexual trauma’ have the meanings given those 

18 terms in section 1167(j) of this title.’’. 

19 SEC. 203. STANDARD OF PROOF FOR SERVICE-CONNECTION 

20 OF MENTAL HEALTH CONDITIONS RELATING 

21 TO MILITARY SEXUAL TRAUMA. 

22 (a) IN GENERAL.—Subchapter VI of chapter 11 of 

23 such title is amended by adding at the end the following 

24 new section: 


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1 ‘‘§ 1167. Evaluation of claims involving military sex2 ual trauma 

3 ‘‘(a) STANDARD OF PROOF.—(1) In the case of any 

4 veteran who claims that a covered mental health condition 

5 based on military sexual trauma was incurred in or aggra6 vated by active military, naval, or air service, the Sec7 retary shall accept as sufficient proof of service-connection 

8 a diagnosis of such mental health condition by a mental 

9 health professional together with satisfactory lay or other 

10 evidence, in accordance with subsections (b) and (c), of 

11 such trauma and an opinion by the mental health profes12 sional that such covered mental health condition is related 

13 to such military sexual trauma, as specified in subsection 

14 (f), notwithstanding the fact that there is no official record 

15 of such incurrence or aggravation in such service, and, to 

16 that end, shall resolve every reasonable doubt in favor of 

17 the veteran. 

18 ‘‘(2) Service-connection of such covered mental health 

19 condition may be rebutted by clear and convincing evi20 dence to the contrary. 

21 ‘‘(3) The reasons for granting or denying service-con22 nection in each case shall be recorded in full. 

23 ‘‘(b) NONMILITARY SOURCES OF EVIDENCE.—(1) In 

24 carrying out subsection (a), the Secretary shall ensure 

25 that if a claim for compensation under this chapter is re26 ceived by the Secretary for a covered mental health condiVerDate Sep 11 2014 00:26 Oct 28, 2021 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3025.IS S3025

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1 tion based on military sexual trauma, evidence from 

2 sources other than official records of the Department of 

3 Defense regarding the veteran’s service may corroborate 

4 the veteran’s account of the trauma. 

5 ‘‘(2) Examples of evidence described in paragraph (1) 

6 include the following: 

7 ‘‘(A) Records from law enforcement authorities, 

8 rape crisis centers, mental health counseling centers, 

9 hospitals, and physicians. 

10 ‘‘(B) Pregnancy tests and tests for sexually 

11 transmitted diseases. 

12 ‘‘(C) Statements from family members, room13 mates, other members of the Armed Forces or vet14 erans, and clergy. 

15 ‘‘(c) EVIDENCE OF BEHAVIOR CHANGES.—(1) In 

16 carrying out subsection (a), the Secretary shall ensure 

17 that evidence of a behavior change following military sex18 ual trauma is one type of relevant evidence that may be 

19 found in sources described in such subsection. 

20 ‘‘(2) Examples of behavior changes that may be rel21 evant evidence of military sexual trauma include the fol22 lowing: 

23 ‘‘(A) A request for a transfer to another mili24 tary duty assignment. 

25 ‘‘(B) Deterioration in work performance. 


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1 ‘‘(C) Substance abuse or substance use dis2 order. 

3 ‘‘(D) Episodes of depression, panic attacks, or 

4 anxiety without an identifiable cause. 

5 ‘‘(E) Unexplained economic or social behavior 

6 changes. 

7 ‘‘(d) NOTICE AND OPPORTUNITY TO SUPPLY EVI8 DENCE.—The Secretary may not deny a claim of a veteran 

9 for compensation under this chapter for a covered mental 

10 health condition that is based on military sexual trauma 

11 without first— 

12 ‘‘(1) advising the veteran that evidence de13 scribed in subsections (b) and (c) may constitute 

14 credible corroborating evidence of the military sexual 

15 trauma; and 

16 ‘‘(2) allowing the veteran an opportunity to fur17 nish such corroborating evidence or advise the Sec18 retary of potential sources of such evidence. 

19 ‘‘(e) ROLE OF LAY STATEMENTS.—In a case where 

20 evidence described in subsection (b) or (c) is unavailable, 

21 and the only evidence of the occurrence of the military 

22 sexual trauma is the veteran’s own lay statement, the Sec23 retary shall accept such lay statement as credible evidence 

24 the event occurred, unless such statement is inconsistent 

25 with the places, types, and circumstances of the service 


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1 of the veteran, including evidence of the veteran’s unit as2 signments, military specialty, or dates and locations of 

3 service, or unless there is clear and convincing evidence 

4 to the contrary. 

5 ‘‘(f) REVIEW OF EVIDENCE.—(1) In reviewing a 

6 claim for compensation described in subsection (a)(1), for 

7 any evidence identified as part of such claim that is de8 scribed in subsection (b) or (c), or if subsection (e) applies, 

9 the Secretary shall submit such evidence to such medical 

10 or mental health professional as the Secretary considers 

11 appropriate, including clinical and counseling experts em12 ployed by the Department, to obtain an opinion as to 

13 whether it is at least as likely as not that there is a nexus 

14 between the military sexual trauma and any diagnosed 

15 covered mental health condition. 

16 ‘‘(2) In the case of any veteran who submits with the 

17 claim for a covered mental health condition a lay state18 ment describing the military sexual trauma, such veteran 

19 shall be provided with a medical examination and opinion 

20 as described in paragraph (1) without delay for request 

21 of records specified in subsections (b) and (c) from the 

22 veteran. 

23 ‘‘(3) For any veteran described in paragraph (2), if 

24 the medical examination and opinion do not result in a 

25 diagnosis of a covered mental health condition and a posiVerDate Sep 11 2014 00:26 Oct 28, 2021 Jkt 029200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3025.IS S3025

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1 tive opinion that the military sexual trauma is related to 

2 such diagnosis, the Secretary shall request the records 

3 specified in subsections (b) and (c) and, if such evidence 

4 is received, paragraph (1) shall again apply and a subse5 quent medical examination and opinion shall be requested. 

6 ‘‘(g) POINT OF CONTACT.—The Secretary shall en7 sure that each document provided to a veteran relating 

8 to a claim for compensation described in subsection (a) 

9 includes contact information for an appropriate point of 

10 contact with the Department. 

11 ‘‘(h) SPECIALIZED TEAMS.—The Secretary shall en12 sure that all claims for compensation described in sub13 section (a) are reviewed and processed by a specialized 

14 team established under section 1166 of this title. 

15 ‘‘(i) RULE OF CONSTRUCTION REGARDING APPLICA16 TION TO NONSEXUAL PERSONAL ASSAULT.—The Sec17 retary shall not construe this section as supplanting the 

18 standard of proof or evidence required for claims for 

19 posttraumatic stress disorder based on non-sexual per20 sonal assault, which the Secretary shall continue to define 

21 in regulation. 

22 ‘‘(j) DEFINITIONS.—In this section: 

23 ‘‘(1) The term ‘covered mental health condition’ 

24 means post-traumatic stress disorder, anxiety, de25 pression, or other mental health diagnosis described 


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1 in the current version of the Diagnostic and Statis2 tical Manual of Mental Disorders published by the 

3 American Psychiatric Association that the Secretary 

4 determines to be related to military sexual trauma 

5 and which may be service-connected. 

6 ‘‘(2) The term ‘military sexual trauma’ means, 

7 with respect to a veteran, a physical assault of a sex8 ual nature, battery of a sexual nature, or sexual har9 assment that occurred while the veteran was serving 

10 in the active military, naval, or air service.’’. 

11 (b) OUTREACH.—Not later than 180 days after the 

12 date of the enactment of this Act, the Secretary of Vet13 erans Affairs shall implement, with input from the veteran 

14 community, an informative outreach program for veterans 

15 regarding the standard of proof for evaluation of claims 

16 related to military sexual trauma, including consideration 

17 of lay statements and requirements for a medical examina18 tion and opinion. 

19 (c) CLERICAL AMENDMENT.—The table of sections 

20 at the beginning of such chapter is amended by adding 

21 at the end the following new item: 

‘‘1167. Evaluation of claims involving military sexual trauma.’’. 


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1 SEC. 204. CHOICE OF LOCATION OF DEPARTMENT OF VET2 ERANS AFFAIRS MEDICAL EXAMINATION FOR 

3 ASSESSMENT OF CLAIMS FOR COMPENSA4 TION RELATING TO DISABILITY RESULTING 

5 FROM MILITARY SEXUAL TRAUMA. 

6 (a) IN GENERAL.—Section 1165 of title 38, United 

7 States Code, is amended— 

8 (1) in the section heading, by inserting ‘‘and 

9 location of medical examination’’ after ‘‘ex10 aminer’’; 

11 (2) in subsection (a), by striking ‘‘a physical as12 sault of a sexual nature, battery of a sexual nature, 

13 or sexual harassment’’ and inserting ‘‘military sexual 

14 trauma (as defined in section 1167(j) of this title)’’; 

15 (3) by redesignating subsection (c) as sub16 section (d); and 

17 (4) by inserting after subsection (b) the fol18 lowing new subsection (c): 

19 ‘‘(c) CHOICE OF EXAMINATION LOCATION.—(1) The 

20 Secretary shall ensure that a veteran who requires a med21 ical examination in support of a claim described in sub22 section (a) may request that the medical examination take 

23 place at a facility of the Department by a qualified em24 ployee of the Department. 

25 ‘‘(2) The Secretary— 


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1 ‘‘(A) shall grant any request under paragraph 

2 (1); and 

3 ‘‘(B) may not issue a decision on a claim de4 scribed in such paragraph before the requested ex5 amination is completed.’’. 

6 (b) CLERICAL AMENDMENT.—The table of sections 

7 at the beginning of chapter 11 of such title is amended 

8 by striking the item relating to section 1165 and inserting 

9 the following new item: 

‘‘1165. Choice of sex of medical examiner and location of medical examination 

for certain disabilities.’’. 

10 SEC. 205. COMMUNICATIONS FROM THE DEPARTMENT OF 

11 VETERANS AFFAIRS TO MILITARY SEXUAL 

12 TRAUMA SURVIVORS. 

13 (a) REVIEW BOARD.— 

14 (1) IN GENERAL.—The Secretary of Veterans 

15 Affairs shall establish a board to review correspond16 ence relating to military sexual trauma. 

17 (2) MEMBERSHIP.—The Secretary shall appoint 

18 members of the board from among experts in mili19 tary sexual trauma and mental health, including— 

20 (A) mental health providers of the Depart21 ment; 

22 (B) experts on sexual assault and sexual 

23 harassment; and 


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1 (C) members from both the Veterans 

2 Health Administration and Veterans Benefits 

3 Administration. 

4 (3) DUTIES.—The board established under 

5 paragraph (1) shall— 

6 (A) review all standard correspondence and 

7 other materials, which may include templates 

8 for notices under sections 5103 and 5104B of 

9 title 38, United States Code, as well as out10 reach materials and veteran-facing website con11 tent, from the Department of Veterans Affairs 

12 to survivors of military sexual trauma for sensi13 tivity; and 

14 (B) ensure that the communications— 

15 (i) treat survivors with dignity and re16 spect; and 

17 (ii) do not re-traumatize survivors. 

18 (b) CONTENTS OF WRITTEN COMMUNICATIONS TO

19 MILITARY SEXUAL TRAUMA SURVIVORS.—The Secretary 

20 shall ensure that any written communication from the De21 partment of Veterans Affairs to a military sexual trauma 

22 survivor shall include contact information for the fol23 lowing: 

24 (1) The military sexual trauma coordinator of 

25 the Veterans Benefits Administration. 


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1 (2) The military sexual trauma coordinator for 

2 the Veterans Health Administration. 

3 (3) The Veterans Crisis Line. 

4 (4) The facility of the Veterans Health Admin5 istration closest to where the survivor resides. 

6 (c) DEFINITIONS.—In this section: 

7 (1) MILITARY SEXUAL TRAUMA SURVIVOR.— 

8 The term ‘‘military sexual trauma survivor’’ 

9 means— 

10 (A) a veteran who has filed a claim for 

11 compensation under chapter 11 of title 38, 

12 United States Code, relating to military sexual 

13 trauma; 

14 (B) a veteran who has been awarded com15 pensation under such chapter relating to mili16 tary sexual trauma; or 

17 (C) a former member of the Armed Forces 

18 or a veteran who is receiving care from the De19 partment of Veterans Affairs relating to mili20 tary sexual trauma. 

21 (2) VETERANS CRISIS LINE.—The term ‘‘Vet22 erans Crisis Line’’ means the toll-free hotline for 

23 veterans established under section 1720F(h) of title 

24 38, United States Code. 


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1 SEC. 206. STUDY ON TRAINING AND PROCESSING RELAT2 ING TO CLAIMS FOR DISABILITY COMPENSA3 TION RELATING TO MILITARY SEXUAL TRAU4 MA. 

5 (a) STUDY REQUIRED.—The Secretary of Veterans 

6 Affairs shall conduct a study on— 

7 (1) the quality of training provided to personnel 

8 of the Department of Veterans Affairs who review 

9 claims for disability compensation under chapter 11 

10 of title 38, United States Code, for disabilities relat11 ing to military sexual trauma; and 

12 (2) the quality of the procedures of the Depart13 ment for reviewing the accuracy of the processing of 

14 such claims. 

15 (b) ELEMENTS.—The study required by subsection 

16 (a) shall include the following: 

17 (1) With respect to the quality of training de18 scribed in paragraph (1) of such subsection: 

19 (A) Whether the Department ensures per20 sonnel complete such training on time. 

21 (B) Whether the training has resulted in 

22 improvements to the processing of claims de23 scribed in such subsection and issue-based accu24 racy. 


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1 (C) Such recommendations as the Sec2 retary of Veterans Affairs may have for improv3 ing the training. 

4 (2) With respect to the quality of procedures 

5 described in paragraph (2) of such subsection: 

6 (A) Whether the procedures of the Depart7 ment for reviewing the accuracy of the proc8 essing of claims described in such subsection 

9 comport with generally accepted statistical 

10 methodologies to ensure reasonable accuracy of 

11 such reviews. 

12 (B) Whether such procedures adequately 

13 include mechanisms to correct errors found in 

14 such reviews. 

15 (C) Such recommendations as the Sec16 retary may have for improving such procedures. 

17 (c) REPORT REQUIRED.—Not later than one year 

18 after the date of the enactment of this Act, the Secretary 

19 shall submit to the Committee on Veterans’ Affairs of the 

20 Senate and the Committee on Veterans’ Affairs of the 

21 House of Representatives a report detailing the findings 

22 of the Secretary with respect to the study conducted under 

23 subsection (a). 


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1 SEC. 207. ANNUAL SPECIAL FOCUS REVIEW OF CLAIMS FOR 

2 DISABILITY COMPENSATION FOR DISABIL3 ITIES RELATING TO MILITARY SEXUAL TRAU4 MA. 

5 (a) ANNUAL SPECIAL FOCUS REVIEW.— 

6 (1) IN GENERAL.—Each year, the Under Sec7 retary for Benefits of the Department of Veterans 

8 Affairs shall conduct a special focus review on the 

9 accuracy of the processing of claims for disability 

10 compensation under chapter 11 of title 38, United 

11 States Code, for disabilities relating to military sex12 ual trauma. 

13 (2) ELEMENTS.—Each review conducted under 

14 paragraph (1) shall include a review of the following: 

15 (A) A statistically significant, nationally 

16 representative sample of all claims for benefits 

17 under the laws administered by the Secretary of 

18 Veterans Affairs relating to military sexual 

19 trauma filed during the fiscal year preceding 

20 the fiscal year in which the report is submitted. 

21 (B) The accuracy of each decision made 

22 with respect to each claim described in subpara23 graph (A). 

24 (C) The types of benefit entitlement errors 

25 found, disaggregated by category. 

26 (D) Trends from year to year. 


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1 (E) Training completion rates for per2 sonnel of the Department who process claims 

3 described in paragraph (1). 

4 (b) REPROCESSING OF CLAIMS.—If the Under Sec5 retary finds, pursuant to a special focus review conducted 

6 under subsection (a)(1), that an error was made with re7 spect to the entitlement of a veteran to a benefit under 

8 the laws administered by the Secretary, the Secretary shall 

9 return the relevant claim of the veteran to the appropriate 

10 regional office of the Department for reprocessing to en11 sure that the veteran receives an accurate decision with 

12 respect to the claim. 

13 (c) RE-REVIEWING OF CLAIMS.—If the Under Sec14 retary finds, pursuant to a special focus review conducted 

15 under paragraph (1) of subsection (a), that the accuracy 

16 rate, under paragraph (2)(B) of such subsection, is less 

17 than 90 percent, the Secretary shall conduct a review of 

18 each claim for benefits under the laws administered by the 

19 Secretary of Veterans Affairs relating to military sexual 

20 trauma filed during the fiscal year preceding the fiscal 

21 year in which the report is submitted. 

22 (d) REPORT.—Section 5501(b)(2) of the Johnny 

23 Isakson and David P. Roe, M.D. Veterans Health Care 

24 and Benefits Improvement Act of 2020 (Public Law 116– 


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1 315; 134 Stat. 5048) is amended by adding at the end 

2 the following new subparagraph: 

3 ‘‘(I) The findings of the most recent spe4 cial focus review conducted under subsection 

5 (a)(1) of section 207 of the Servicemembers 

6 and Veterans Empowerment and Support Act 

7 of 2021, including— 

8 ‘‘(i) the elements under subsection 

9 (a)(2) of such section; 

10 ‘‘(ii) the number of claims returned 

11 for reprocessing under subsection (b) of 

12 such section; and 

13 ‘‘(iii) the number of claims described 

14 in clause (ii) for which the decision relat15 ing to service-connection or entitlement to 

16 compensation changed as a result of re17 processing the claim.’’. 


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1 TITLE III—ACCESS TO HEALTH 

2 CARE 

3 SEC. 301. EXPANSION OF ELIGIBILITY FOR COUNSELING 

4 AND TREATMENT FOR MILITARY SEXUAL 

5 TRAUMA TO INCLUDE ALL FORMER MEM6 BERS OF THE RESERVE COMPONENTS OF 

7 THE ARMED FORCES. 

8 Section 1720D of title 38, United States Code, is 

9 amended by striking subsections (f) and (g) and inserting 

10 the following new subsection (f): 

11 ‘‘(f) In this section: 

12 ‘‘(1) The term ‘former member of the Armed 

13 Forces’ means a person who served on active duty, 

14 active duty for training, or inactive duty training, 

15 and who was discharged or released therefrom under 

16 any condition that is not— 

17 ‘‘(A) a discharge by court-martial; or 

18 ‘‘(B) a discharge subject to a bar to bene19 fits under section 5303 of this title. 

20 ‘‘(2) The term ‘military sexual trauma’ means, 

21 with respect to a former member of the Armed 

22 Forces, a physical assault of a sexual nature, battery 

23 of a sexual nature, or sexual harassment which oc24 curred while the former member of the Armed 

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1 tus or line of duty determination (as that term is 

2 used in section 12323 of title 10). 

3 ‘‘(3) The term ‘sexual harassment’ means unso4 licited verbal or physical contact of a sexual nature 

5 which is threatening in character.’’. 

6 SEC. 302. CONNECTION TO VETERANS HEALTH ADMINIS7 TRATION WHEN A DISABILITY CLAIM RE8 LATED TO MILITARY SEXUAL TRAUMA IS SUB9 MITTED TO VETERANS BENEFITS ADMINIS10 TRATION. 

11 (a) IN GENERAL.—Not later than 14 days after the 

12 date on which a veteran submits a claim for disability com13 pensation to the Veterans Benefits Administration for a 

14 disability related to military sexual trauma, the Secretary 

15 of Veterans Affairs shall send a communication to the vet16 eran with the following information: 

17 (1) The contact information for the nearest 

18 military sexual trauma coordinator for the veteran 

19 at the Veterans Benefits Administration and a de20 scription of the assistance such coordinator can pro21 vide. 

22 (2) The contact information for the nearest 

23 military sexual trauma coordinator for the veteran 

24 at the Veterans Health Administration and a deVerDate Sep 11 2014 00:26 Oct 28, 2021 Jkt 029200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S3025.IS S3025

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1 scription of the assistance such coordinator can pro2 vide. 

3 (3) The types of services that survivors of mili4 tary sexual trauma are eligible to receive from the 

5 Department of Veterans Affairs, including the near6 est locations and the contact information for such 

7 services. 

8 (4) The contact information for the Veterans 

9 Crisis Line established under section 1720F(h) of 

10 title 38, United States Code. 

11 (5) Such other information on services, care, or 

12 resources for military sexual trauma as the Sec13 retary determines appropriate. 

14 (b) DEFINITION OF MILITARY SEXUAL TRAUMA.— 

15 In this section, the term ‘‘military sexual trauma’’ has the 

16 meaning given such term in section 1167(j) of title 38, 

17 United States Code, as added by section 203(a). 

18 SEC. 303. STUDY ON ACCESS TO INPATIENT MENTAL 

19 HEALTH CARE FOR SURVIVORS OF MILITARY 

20 SEXUAL TRAUMA. 

21 (a) IN GENERAL.—The Secretary of Veterans Affairs 

22 shall conduct a study on access to inpatient mental health 

23 care for current and former members of the Armed Forces 

24 who are survivors of military sexual trauma. 


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1 (b) ELEMENTS.—The study required by subsection 

2 (a) shall include the following: 

3 (1) An assessment of the availability of bed 

4 spaces in the mental health residential rehabilitation 

5 treatment programs of the Department of Veterans 

6 Affairs for survivors of military sexual trauma, in7 cluding the suitability of those programs for such 

8 survivors and the wait times for services under those 

9 programs. 

10 (2) An assessment of geographic disparities in 

11 access to those programs for survivors of military 

12 sexual trauma, including by region and by rural and 

13 urban areas. 

14 (3) An assessment of alternative care options 

15 provided when a survivor of military sexual trauma 

16 is waiting for inpatient care, the efficacy of those al17 ternatives, and the satisfaction of patients with 

18 those alternatives. 

19 (4) Recommendations for reducing the average 

20 wait time for services under those programs to 14 

21 days or less, including by increasing bed space or 

22 addressing staffing needs. 

23 (5) An assessment of the satisfaction of pa24 tients with the tracks of those programs specific to 

25 military sexual trauma, the wait times for services 


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1 under those tracks, and recommendations for in2 creasing or changing the number of locations for 

3 services under those tracks to better meet the needs 

4 of survivors of military sexual trauma. 

5 (c) REPORT.—Not later than one year after the date 

6 of the enactment of this Act, the Secretary shall submit 

7 to the Committee on Veterans’ Affairs of the Senate and 

8 the Committee on Veterans’ Affairs of the House of Rep9 resentatives a report detailing the findings of the study 

10 required by subsection (a). 

11 (d) DEFINITION OF MILITARY SEXUAL TRAUMA.— 

12 In this section, the term ‘‘military sexual trauma’’ has the 

13 meaning given such term in section 1720D(f) of title 38, 

14 United States Code, as added by section 301. 

15 SEC. 304. PILOT PROGRAM FOR INTERIM ACCESS TO MEN16 TAL HEALTH CARE FOR SURVIVORS OF MILI17 TARY SEXUAL TRAUMA. 

18 (a) IN GENERAL.—Commencing not later than one 

19 year after the date of the enactment of this Act, the Sec20 retary of Veterans Affairs shall carry out a pilot program 

21 to provide intensive outpatient mental health care to cur22 rent and former members of the Armed Forces who are 

23 survivors of military sexual trauma when the wait times 

24 for inpatient mental health care from the Department of 

25 Veterans Affairs for the survivor is more than 14 days. 


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1 (b) DURATION.—The Secretary shall carry out the 

2 pilot program under subsection (a) for a three-year period 

3 beginning on the commencement of the pilot program. 

4 (c) LOCATIONS.— 

5 (1) IN GENERAL.—The Secretary shall carry 

6 out the pilot program under subsection (a) at not 

7 fewer than four Veterans Integrated Service Net8 works of the Department. 

9 (2) SELECTION OF LOCATIONS.—In selecting lo10 cations for the pilot program under subsection (a), 

11 the Secretary shall select locations that have the 

12 longest wait times for inpatient mental health care, 

13 particularly for survivors of military sexual trauma. 

14 (3) NOTIFICATION.—Before commencing the 

15 pilot program under subsection (a), the Secretary 

16 shall notify the Committee on Veterans’ Affairs of 

17 the Senate and the Committee on Veterans’ Affairs 

18 of the House of Representatives of the locations se19 lected for the pilot program. 

20 (d) TYPES OF SERVICES.—Subject to the preference 

21 of the survivor participating in the pilot program under 

22 subsection (a) and the capacity of facilities of the Depart23 ment, the Secretary may provide services under the pilot 

24 program via telehealth or at community-based outpatient 

25 clinics of the Department. 


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1 (e) PARTICIPATION.— 

2 (1) CLARIFICATION ON PARTICIPATION.—Par3 ticipation by a survivor in the pilot program under 

4 subsection (a) shall be during the period in which 

5 the survivor is waiting for an inpatient bed opening 

6 and shall not disqualify the survivor from receiving 

7 inpatient mental health care following their partici8 pation in the pilot program. 

9 (2) DECISIONS ON PARTICIPATION.—Decisions 

10 about the participation of a survivor in the pilot pro11 gram and the transition of the survivor to inpatient 

12 mental health care shall be made by the survivor and 

13 their health care provider. 

14 (f) REPORT.—Not later than 180 days after the con15 clusion of the pilot program under subsection (a), the Sec16 retary shall submit to Congress a report on— 

17 (1) participation in the pilot program; 

18 (2) clinical outcomes under the pilot program; 

19 and 

20 (3) such recommendations for continuation or 

21 termination of the program as the Secretary may 

22 have, including recommendations for legislative or 

23 administrative action. 

24 (g) DEFINITION OF MILITARY SEXUAL TRAUMA.— 

25 In this section, the term ‘‘military sexual trauma’’ has the 


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1 meaning given such term in section 1720D(f) of title 38, 

2 United States Code, as added by section 301. 

3 SEC. 305. COMPTROLLER GENERAL STUDY ON ACCESS TO 

4 CARE FOR SURVIVORS OF MILITARY SEXUAL 

5 TRAUMA AT THE DEPARTMENT OF VETERANS 

6 AFFAIRS. 

7 (a) IN GENERAL.—The Comptroller General of the 

8 United States shall conduct a study on access to mental 

9 health care for survivors of military sexual trauma at fa10 cilities of the Department of Veterans Affairs. 

11 (b) ELEMENTS.—The study conducted under sub12 section (a) shall include an assessment of the following: 

13 (1) The availability of inpatient and outpatient 

14 services, including wait times and geographic dis15 parities for such services. 

16 (2) The availability of other types of training 

17 and support services for survivors of military sexual 

18 trauma, such as the Parenting STAIR program of 

19 the Department. 

20 (3) The communication and advertisement by 

21 the Department of the care, services, and resources 

22 available for such survivors. 

23 (4) The barriers to accessing mental health care 

24 at a facility of the Department for such survivors, 


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1 including transportation, child care, lack of tele2 health, and more. 

3 (5) The barriers to mental health care at facili4 ties of the Department for such survivors of each 

5 gender, including the unique considerations for male 

6 survivors versus female survivors. 

7 (6) The extent to which the Secretary has as8 sessed the quality of the training provided to pro9 viders of the Department on military sexual trauma 

10 and made any adjustments in response to such as11 sessment. 

12 (7) The role of Vet Centers in providing care to 

13 such survivors, including current and former mem14 bers of the Armed Forces. 

15 (8) The role of military sexual trauma coordina16 tors of the Veterans Health Administration in co17 ordinating and providing care for such survivors at 

18 facilities of the Department. 

19 (9) Any current actions by the Secretary to 

20 strengthen access to high-quality care for such sur21 vivors and such recommendations for improving ac22 cess to care for such survivors as the Comptroller 

23 General considers appropriate. 

24 (c) REPORT.—Not later than two years after the date 

25 of the enactment of this Act, the Comptroller General shall 


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1 submit to Congress a report on the findings of the study 

2 conducted under subsection (a). 

3 (d) DEFINITIONS.—In this section: 

4 (1) MILITARY SEXUAL TRAUMA.—In this sec5 tion, the term ‘‘military sexual trauma’’ has the 

6 meaning given such term in section 1720D(f) of title 

7 38, United States Code, as added by section 301. 

8 (2) VET CENTER.—The term ‘‘Vet Center’’ has 

9 the meaning given that term in section 1712A(h) of 

10 title 38, United States Code. 

Æ 


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