II 

Calendar No. 289 

117TH CONGRESS 

2D 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 

MARCH 1, 2022 

Reported by Mr. TESTER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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’’. 


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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

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. 

3 TITLE I—DEFINING MILITARY 

4 SEXUAL TRAUMA 

5 SEC. 101. MILITARY SEXUAL TRAUMA DEFINED FOR THE 

6 DIGITAL AGE. 

7 (a) REVISION TO REGULATIONS REQUIRED.—The 

8 Secretary of Veterans Affairs shall, in accordance with 

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


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

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

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

4 (b) REQUIREMENTS.— 

5 (1) TECHNOLOGICAL ABUSE.— 

6 (A) IN GENERAL.—The Secretary shall en7 sure that all regulations revised under sub8 section (a) include matters relating to techno9 logical abuse to reflect sexual harassment in the 

10 digital age. 

11 (B) INCLUSION OF CERTAIN BEHAVIOR

12 AND ACTIVITIES.—For purposes of subpara13 graph (A), the term ‘‘technological abuse’’ may 

14 include— 

15 (i) behavior intended to harm, threat16 en, intimidate, control, stalk, harass, im17 personate, or monitor another person, ex18 cept as otherwise permitted by law, that 

19 occurs via the internet, social networking 

20 sites, computers, mobile devices, mobile 

21 telephones, apps, location tracking devices, 

22 instant messages, text messages, or other 

23 forms of technology; and 

24 (ii) specific activities, including— 


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1 (I) unwanted, repeated telephone 

2 calls, text messages, instant messages, 

3 or social media posts; 

4 (II) nonconsensual access of 

5 email accounts, texts or instant mes6 saging accounts, social networking ac7 counts, or mobile telephone logs; 

8 (III) attempting to control or re9 strict a person’s ability to access tech10 nology with the intent to isolate the 

11 person from support and social con12 nection; 

13 (IV) using tracking devices or lo14 cation tracking software for the pur15 pose of monitoring or stalking another 

16 person’s location; 

17 (V) impersonation of a person 

18 with the intent to deceive or cause 

19 harm through the use of spoofing 

20 technology or the creation of fake 

21 email or social media accounts; or 

22 (VI) pressuring for or sharing of 

23 another person’s private information, 

24 photographs, or videos without the 

25 person’s consent. 


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

3 collaborate with the Secretary of Defense. 

4 (3) CONSULTATION.—In carrying out sub5 section (a), the Secretary of Veterans Affairs shall 

6 consult with veterans service organizations, military 

7 service organizations, and other stakeholders. 

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

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

10 Secretary shall commence efforts to carry out subsection 

11 (a). 

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

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

14 of Veterans Affairs shall submit to the Committee on Vet15 erans’ Affairs of the Senate and the Committee on Vet16 erans’ Affairs of the House of Representatives a report 

17 on the progress of the Secretary in carrying out subsection 

18 (a). 

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

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

21 shall— 

22 (1) issue the revised regulations required by 

23 subsection (a); and 

24 (2) update training aids, manuals, and informa25 tional materials for staff, veterans, members of the 


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1 Armed Forces, and stakeholders to reflect the re2 vised regulations. 

3 TITLE II—DISABILITY COM4 PENSATION AND CLAIMS 

5 PROCESSING 

6 SEC. 201. DEFINITION OF MILITARY SEXUAL TRAUMA. 

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

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

9 38, United States Code, as added by section 203(a). 

10 SEC. 202. CONFORMING CHANGES RELATING TO SPECIAL11 IZED TEAMS TO EVALUATE CLAIMS INVOLV12 ING MILITARY SEXUAL TRAUMA. 

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

14 redesignated by section 7(a) of the Training in High-de15 mand Roles to Improve Veteran Employment Act (Public 

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

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

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

19 ‘military sexual trauma’ have the meanings given those 

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


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

2 OF MENTAL HEALTH CONDITIONS RELATING 

3 TO MILITARY SEXUAL TRAUMA. 

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

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

6 new section: 

7 ‘‘§ 1167. Evaluation of claims involving military sex8 ual trauma 

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

10 veteran who claims that a covered mental health condition 

11 based on military sexual trauma was incurred in or aggra12 vated by active military, naval, or air service, the Sec13 retary shall accept as sufficient proof of service-connection 

14 a diagnosis of such mental health condition by a mental 

15 health professional together with satisfactory lay or other 

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

17 such trauma and an opinion by the mental health profes18 sional that such covered mental health condition is related 

19 to such military sexual trauma, as specified in subsection 

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

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

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

23 the veteran. 

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

25 condition may be rebutted by clear and convincing evi26 dence to the contrary. 


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1 ‘‘(3) The reasons for granting or denying service-con2 nection in each case shall be recorded in full. 

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

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

5 that if a claim for compensation under this chapter is re6 ceived by the Secretary for a covered mental health condi7 tion based on military sexual trauma, evidence from 

8 sources other than official records of the Department of 

9 Defense regarding the veteran’s service may corroborate 

10 the veteran’s account of the trauma. 

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

12 include the following: 

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

14 rape crisis centers, mental health counseling centers, 

15 hospitals, and physicians. 

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

17 transmitted diseases. 

18 ‘‘(C) Statements from family members, room19 mates, other members of the Armed Forces or vet20 erans, and clergy. 

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

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

23 that evidence of a behavior change following military sex24 ual trauma is one type of relevant evidence that may be 

25 found in sources described in such subsection. 


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1 ‘‘(2) Examples of behavior changes that may be rel2 evant evidence of military sexual trauma include the fol3 lowing: 

4 ‘‘(A) A request for a transfer to another mili5 tary duty assignment. 

6 ‘‘(B) Deterioration in work performance. 

7 ‘‘(C) Substance abuse or substance use dis8 order. 

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

10 anxiety without an identifiable cause. 

11 ‘‘(E) Unexplained economic or social behavior 

12 changes. 

13 ‘‘(d) NOTICE AND OPPORTUNITY TO SUPPLY EVI14 DENCE.—The Secretary may not deny a claim of a veteran 

15 for compensation under this chapter for a covered mental 

16 health condition that is based on military sexual trauma 

17 without first— 

18 ‘‘(1) advising the veteran that evidence de19 scribed in subsections (b) and (c) may constitute 

20 credible corroborating evidence of the military sexual 

21 trauma; and 

22 ‘‘(2) allowing the veteran an opportunity to fur23 nish such corroborating evidence or advise the Sec24 retary of potential sources of such evidence. 


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

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

3 and the only evidence of the occurrence of the military 

4 sexual trauma is the veteran’s own lay statement, the Sec5 retary shall accept such lay statement as credible evidence 

6 the event occurred, unless such statement is inconsistent 

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

8 of the veteran, including evidence of the veteran’s unit as9 signments, military specialty, or dates and locations of 

10 service, or unless there is clear and convincing evidence 

11 to the contrary. 

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

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

14 any evidence identified as part of such claim that is de15 scribed in subsection (b) or (c), or if subsection (e) applies, 

16 the Secretary shall submit such evidence to such medical 

17 or mental health professional as the Secretary considers 

18 appropriate, including clinical and counseling experts em19 ployed by the Department, to obtain an opinion as to 

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

21 between the military sexual trauma and any diagnosed 

22 covered mental health condition. 

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

24 claim for a covered mental health condition a lay state25 ment describing the military sexual trauma, such veteran 


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1 shall be provided with a medical examination and opinion 

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

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

4 veteran. 

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

6 the medical examination and opinion do not result in a 

7 diagnosis of a covered mental health condition and a posi8 tive opinion that the military sexual trauma is related to 

9 such diagnosis, the Secretary shall request the records 

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

11 is received, paragraph (1) shall again apply and a subse12 quent medical examination and opinion shall be requested. 

13 ‘‘(g) POINT OF CONTACT.—The Secretary shall en14 sure that each document provided to a veteran relating 

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

16 includes contact information for an appropriate point of 

17 contact with the Department. 

18 ‘‘(h) SPECIALIZED TEAMS.—The Secretary shall en19 sure that all claims for compensation described in sub20 section (a) are reviewed and processed by a specialized 

21 team established under section 1166 of this title. 

22 ‘‘(i) RULE OF CONSTRUCTION REGARDING APPLICA23 TION TO NONSEXUAL PERSONAL ASSAULT.—The Sec24 retary shall not construe this section as supplanting the 

25 standard of proof or evidence required for claims for 


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1 posttraumatic stress disorder based on non-sexual per2 sonal assault, which the Secretary shall continue to define 

3 in regulation. 

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

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

6 means post-traumatic stress disorder, anxiety, de7 pression, or other mental health diagnosis described 

8 in the current version of the Diagnostic and Statis9 tical Manual of Mental Disorders published by the 

10 American Psychiatric Association that the Secretary 

11 determines to be related to military sexual trauma 

12 and which may be service-connected. 

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

14 with respect to a veteran, a physical assault of a sex15 ual nature, battery of a sexual nature, or sexual har16 assment that occurred while the veteran was serving 

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

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

19 date of the enactment of this Act, the Secretary of Vet20 erans Affairs shall implement, with input from the veteran 

21 community, an informative outreach program for veterans 

22 regarding the standard of proof for evaluation of claims 

23 related to military sexual trauma, including consideration 

24 of lay statements and requirements for a medical examina25 tion and opinion. 


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

2 at the beginning of such chapter is amended by adding 

3 at the end the following new item: 

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

4 SEC. 204. CHOICE OF LOCATION OF DEPARTMENT OF VET5 ERANS AFFAIRS MEDICAL EXAMINATION FOR 

6 ASSESSMENT OF CLAIMS FOR COMPENSA7 TION RELATING TO DISABILITY RESULTING 

8 FROM MILITARY SEXUAL TRAUMA. 

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

10 States Code, is amended— 

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

12 location of medical examination’’ after ‘‘ex13 aminer’’; 

14 (2) in subsection (a), by striking ‘‘a physical as15 sault of a sexual nature, battery of a sexual nature, 

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

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

18 (3) by redesignating subsection (c) as sub19 section (d); and 

20 (4) by inserting after subsection (b) the fol21 lowing new subsection (c): 

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

23 Secretary shall ensure that a veteran who requires a med24 ical examination in support of a claim described in sub25 section (a) may request that the medical examination take 


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1 place at a facility of the Department by a qualified em2 ployee of the Department. 

3 ‘‘(2) The Secretary— 

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

5 (1); and 

6 ‘‘(B) may not issue a decision on a claim de7 scribed in such paragraph before the requested ex8 amination is completed.’’. 

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

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

11 by striking the item relating to section 1165 and inserting 

12 the following new item: 

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

for certain disabilities.’’. 

13 SEC. 205. COMMUNICATIONS FROM THE DEPARTMENT OF 

14 VETERANS AFFAIRS TO MILITARY SEXUAL 

15 TRAUMA SURVIVORS. 

16 (a) REVIEW BOARD.— 

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

18 Affairs shall establish a board to review correspond19 ence relating to military sexual trauma. 

20 (2) MEMBERSHIP.—The Secretary shall appoint 

21 members of the board from among experts in mili22 tary sexual trauma and mental health, including— 

23 (A) mental health providers of the Depart24 ment; 


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1 (B) experts on sexual assault and sexual 

2 harassment; and 

3 (C) members from both the Veterans 

4 Health Administration and Veterans Benefits 

5 Administration. 

6 (3) DUTIES.—The board established under 

7 paragraph (1) shall— 

8 (A) review all standard correspondence and 

9 other materials, which may include templates 

10 for notices under sections 5103 and 5104B of 

11 title 38, United States Code, as well as out12 reach materials and veteran-facing website con13 tent, from the Department of Veterans Affairs 

14 to survivors of military sexual trauma for sensi15 tivity; and 

16 (B) ensure that the communications— 

17 (i) treat survivors with dignity and re18 spect; and 

19 (ii) do not re-traumatize survivors. 

20 (b) CONTENTS OF WRITTEN COMMUNICATIONS TO

21 MILITARY SEXUAL TRAUMA SURVIVORS.—The Secretary 

22 shall ensure that any written communication from the De23 partment of Veterans Affairs to a military sexual trauma 

24 survivor shall include contact information for the fol25 lowing: 


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1 (1) The military sexual trauma coordinator of 

2 the Veterans Benefits Administration. 

3 (2) The military sexual trauma coordinator for 

4 the Veterans Health Administration. 

5 (3) The Veterans Crisis Line. 

6 (4) The facility of the Veterans Health Admin7 istration closest to where the survivor resides. 

8 (c) DEFINITIONS.—In this section: 

9 (1) MILITARY SEXUAL TRAUMA SURVIVOR.— 

10 The term ‘‘military sexual trauma survivor’’ 

11 means— 

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

13 compensation under chapter 11 of title 38, 

14 United States Code, relating to military sexual 

15 trauma; 

16 (B) a veteran who has been awarded com17 pensation under such chapter relating to mili18 tary sexual trauma; or 

19 (C) a former member of the Armed Forces 

20 or a veteran who is receiving care from the De21 partment of Veterans Affairs relating to mili22 tary sexual trauma. 

23 (2) VETERANS CRISIS LINE.—The term ‘‘Vet24 erans Crisis Line’’ means the toll-free hotline for 


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

2 38, United States Code. 

3 SEC. 206. STUDY ON TRAINING AND PROCESSING RELAT4 ING TO CLAIMS FOR DISABILITY COMPENSA5 TION RELATING TO MILITARY SEXUAL TRAU6 MA. 

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

8 Affairs shall conduct a study on— 

9 (1) the quality of training provided to personnel 

10 of the Department of Veterans Affairs who review 

11 claims for disability compensation under chapter 11 

12 of title 38, United States Code, for disabilities relat13 ing to military sexual trauma; and 

14 (2) the quality of the procedures of the Depart15 ment for reviewing the accuracy of the processing of 

16 such claims. 

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

18 (a) shall include the following: 

19 (1) With respect to the quality of training de20 scribed in paragraph (1) of such subsection: 

21 (A) Whether the Department ensures per22 sonnel complete such training on time. 

23 (B) Whether the training has resulted in 

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1 scribed in such subsection and issue-based accu2 racy. 

3 (C) Such recommendations as the Sec4 retary of Veterans Affairs may have for improv5 ing the training. 

6 (2) With respect to the quality of procedures 

7 described in paragraph (2) of such subsection: 

8 (A) Whether the procedures of the Depart9 ment for reviewing the accuracy of the proc10 essing of claims described in such subsection 

11 comport with generally accepted statistical 

12 methodologies to ensure reasonable accuracy of 

13 such reviews. 

14 (B) Whether such procedures adequately 

15 include mechanisms to correct errors found in 

16 such reviews. 

17 (C) Such recommendations as the Sec18 retary may have for improving such procedures. 

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

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

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

22 Senate and the Committee on Veterans’ Affairs of the 

23 House of Representatives a report detailing the findings 

24 of the Secretary with respect to the study conducted under 

25 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 

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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. 

11 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

13 ‘‘Servicemembers and Veterans Empowerment and Support 

14 Act of 2021’’. 

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

16 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—DEFINING MILITARY SEXUAL TRAUMA 

Sec. 101. Report on military sexual trauma in 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 individuals who have experienced military sexual trauma. 

Sec. 206. Study on training and processing relating to claims for disability compensation relating to military sexual trauma. 


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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. Pilot program for interim access to mental health care for individuals 

who have experienced military sexual trauma. 

Sec. 304. Comptroller General study on access to care from Department of Veterans Affairs for individuals who have experienced military sexual trauma. 

1 TITLE I—DEFINING MILITARY 

2 SEXUAL TRAUMA 

3 SEC. 101. REPORT ON MILITARY SEXUAL TRAUMA IN THE 

4 DIGITAL AGE. 

5 (a) REPORT REQUIRED.—Not later than one year 

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

7 of Veterans Affairs shall submit to the Committee on Vet8 erans’ Affairs of the Senate and the Committee on Veterans’ 

9 Affairs of the House of Representatives a report on military 

10 sexual trauma in the digital age. 

11 (b) REQUIREMENTS.—The report required under sub12 section (a) shall include the following: 

13 (1) A comprehensive evaluation and assessment 

14 of current Department of Veterans Affairs statutes, 

15 regulations, and agency guidance relating to military 

16 sexual trauma for the purposes of access to health care 

17 under chapter 17 of title 38, United States Code, and 


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1 compensation under chapter 11 of such title to iden2 tify— 

3 (A) gaps in coverage for health care and 

4 compensation eligibility relating to technological 

5 abuse that is sexual in nature, including gaps 

6 induced by the military status (or lack thereof) 

7 of a veteran at the time of such abuse; and 

8 (B) the feasibility and advisability of ex9 panding eligibility for health care and com10 pensation relating to technological abuse that is 

11 nonsexual in nature consistent with current poli12 cies relating to military sexual trauma. 

13 (2) Recommendations for revising statutes, regu14 lations, and agency guidance in response to the eval15 uation and assessment under paragraph (1). 

16 (c) CONSULTATION.—In carrying out subsection (a), 

17 the Secretary of Veterans Affairs shall consult veterans serv18 ice organizations and such other stakeholders as the Sec19 retary considers relevant and appropriate. 

20 (d) DEFINITIONS.—In this section: 

21 (1) MILITARY SEXUAL TRAUMA.—The term 

22 ‘‘military sexual trauma’’— 

23 (A) with respect to eligibility for health 

24 care, has the meaning given such term in section 


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1 1720D(f) of title 38, United States Code, as 

2 added by section 301; and 

3 (B) with respect to eligibility for compensa4 tion, has the meaning given such term in section 

5 1167(i) of title 38, United States Code, as added 

6 by section 203(a). 

7 (2) TECHNOLOGICAL ABUSE.—The term ‘‘techno8 logical abuse’’ may include— 

9 (A) behavior which harms, threatens, in10 timidates, controls, stalks, harasses, imper11 sonates, or monitors another person, except as 

12 otherwise permitted by law, that occurs via the 

13 internet, social networking sites, computers, mo14 bile devices, mobile telephones, applications, loca15 tion tracking devices, instant messages, text mes16 sages, or other forms of technology; and 

17 (B) specific activities, including— 

18 (i) unwanted, repeated telephone calls, 

19 text messages, instant messages, or social 

20 media posts; 

21 (ii) nonconsensual access of email ac22 counts, texts or instant messaging accounts, 

23 social networking accounts, or mobile tele24 phone logs; 


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1 (iii) attempting to control or restrict a 

2 person’s ability to access technology with 

3 the intent to isolate the person from support 

4 and social connection; 

5 (iv) using tracking devices or location 

6 tracking software for the purpose of moni7 toring or stalking another person’s location; 

8 (v) impersonation of a person with the 

9 intent to deceive or cause harm through the 

10 use of spoofing technology or the creation of 

11 fake email or social media accounts; or 

12 (vi) pressuring for or sharing of an13 other person’s private information, photo14 graphs, or videos without the person’s con15 sent. 

16 TITLE II—DISABILITY COM17 PENSATION AND CLAIMS 

18 PROCESSING 

19 SEC. 201. DEFINITION OF MILITARY SEXUAL TRAUMA. 

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

21 the meaning given such term in section 1167(i) of title 38, 

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


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1 SEC. 202. CONFORMING CHANGES RELATING TO SPECIAL2 IZED TEAMS TO EVALUATE CLAIMS INVOLV3 ING MILITARY SEXUAL TRAUMA. 

4 Section 1166(c) of title 38, United States Code, as re5 designated by section 7(a) of the Training in High-demand 

6 Roles to Improve Veteran Employment Act (Public Law 

7 117–16), is amended by striking ‘‘In this section’’ and all 

8 that follows and inserting the following: ‘‘In this section, 

9 the terms ‘covered mental health condition’ and ‘military 

10 sexual trauma’ have the meanings given those terms in sec11 tion 1167(i) of this title.’’. 

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

13 OF MENTAL HEALTH CONDITIONS RELATING 

14 TO MILITARY SEXUAL TRAUMA. 

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

16 title is amended by adding at the end the following new 

17 section: 

18 ‘‘§ 1167. Evaluation of claims involving military sex19 ual trauma 

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

21 veteran who claims that a covered mental health condition 

22 based on military sexual trauma was incurred in or aggra23 vated by active military, naval, air, or space service, the 

24 Secretary shall accept as sufficient proof of service-connec25 tion a diagnosis of such mental health condition by a men26 tal health professional together with satisfactory lay or 


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1 other evidence, in accordance with subsections (b) and (c), 

2 of such trauma and an opinion by the mental health profes3 sional that the evidence indicates such trauma occurred and 

4 such covered mental health condition is at least as likely 

5 as not related to such military sexual trauma, as specified 

6 in subsection (e), notwithstanding the fact that there is no 

7 official record of such incurrence or aggravation in such 

8 service, and, to that end, shall resolve every reasonable 

9 doubt in favor of the veteran. 

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

11 condition may be rebutted by clear and convincing evidence 

12 to the contrary. 

13 ‘‘(3) The reasons for granting or denying service-con14 nection in each case shall be recorded in full. 

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

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

17 if a claim for compensation under this chapter is received 

18 by the Secretary for a covered mental health condition based 

19 on military sexual trauma, evidence from sources other 

20 than official records of the Department of Defense regarding 

21 the veteran’s service may corroborate the veteran’s account 

22 of the trauma. 

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

24 include the following: 


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

2 rape crisis centers, mental health counseling centers, 

3 hospitals, and physicians. 

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

5 transmitted diseases. 

6 ‘‘(C) Statements from family members, room7 mates, other members of the Armed Forces or vet8 erans, and clergy. 

9 ‘‘(c) EVIDENCE OF BEHAVIOR CHANGES.—(1) In car10 rying out subsection (a), the Secretary shall ensure that evi11 dence of a behavior change following military sexual trau12 ma is one type of relevant evidence that may be found in 

13 sources described in such subsection. 

14 ‘‘(2) Examples of behavior changes that may be rel15 evant evidence of military sexual trauma include the fol16 lowing: 

17 ‘‘(A) A request for a transfer to another military 

18 duty assignment. 

19 ‘‘(B) Deterioration in work performance. 

20 ‘‘(C) Substance abuse or substance use disorder. 

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

22 anxiety without an identifiable cause. 

23 ‘‘(E) Unexplained economic or social behavior 

24 changes. 


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1 ‘‘(d) NOTICE AND OPPORTUNITY TO SUPPLY EVI2 DENCE.—The Secretary may not deny a claim of a veteran 

3 for compensation under this chapter for a covered mental 

4 health condition that is based on military sexual trauma 

5 without first— 

6 ‘‘(1) advising the veteran that evidence described 

7 in subsections (b) and (c) may constitute credible cor8 roborating evidence of the military sexual trauma; 

9 and 

10 ‘‘(2) allowing the veteran an opportunity to fur11 nish such corroborating evidence or advise the Sec12 retary of potential sources of such evidence. 

13 ‘‘(e) REVIEW OF EVIDENCE.—In reviewing a claim for 

14 compensation described in subsection (a)(1), for any evi15 dence identified as part of such claim that is described in 

16 subsection (b) or (c), the Secretary shall submit such evi17 dence to such medical or mental health professional as the 

18 Secretary considers appropriate, including clinical and 

19 counseling experts employed by the Department, to obtain 

20 an opinion as to whether— 

21 ‘‘(1) the evidence indicates that a military sexual 

22 trauma occurred; and 

23 ‘‘(2) it is at least as likely as not that there is 

24 a nexus between the military sexual trauma and any 

25 diagnosed covered mental health condition. 


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1 ‘‘(f) POINT OF CONTACT.—The Secretary shall ensure 

2 that each document provided to a veteran relating to a 

3 claim for compensation described in subsection (a)(1) in4 cludes contact information for an appropriate point of con5 tact with the Department. 

6 ‘‘(g) SPECIALIZED TEAMS.—The Secretary shall en7 sure that all claims for compensation described in sub8 section (a)(1) are reviewed and processed by a specialized 

9 team established under section 1166 of this title. 

10 ‘‘(h) RULE OF CONSTRUCTION REGARDING APPLICA11 TION TO NONSEXUAL PERSONAL ASSAULT.— The Secretary 

12 shall not construe this section as supplanting the standard 

13 of proof or evidence required for claims for posttraumatic 

14 stress disorder based on nonsexual personal assault, which 

15 the Secretary shall continue to define in regulation. 

16 ‘‘(i) DEFINITIONS.—In this section: 

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

18 means post-traumatic stress disorder, anxiety, depres19 sion, or other mental health diagnosis that the Sec20 retary determines to be related to military sexual 

21 trauma and which may be service-connected under 

22 section 1110 of this title. 

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

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1 assment that occurred while the veteran was serving 

2 in the active military, naval, air, or space service.’’. 

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

4 date of the enactment of this Act, the Secretary of Veterans 

5 Affairs shall implement, with input from the veteran com6 munity, an informative outreach program for veterans re7 garding the standard of proof for evaluation of claims relat8 ing to military sexual trauma, including requirements for 

9 a medical examination and opinion. 

10 (c) CLERICAL AMENDMENT.—The table of sections at 

11 the beginning of such chapter is amended by adding at the 

12 end the following new item: 

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

13 SEC. 204. CHOICE OF LOCATION OF DEPARTMENT OF VET14 ERANS AFFAIRS MEDICAL EXAMINATION FOR 

15 ASSESSMENT OF CLAIMS FOR COMPENSA16 TION RELATING TO DISABILITY RESULTING 

17 FROM MILITARY SEXUAL TRAUMA. 

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

19 States Code, is amended— 

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

21 location of medical examination’’ after ‘‘ex22 aminer’’; 

23 (2) in subsection (a), by striking ‘‘a physical as24 sault of a sexual nature, battery of a sexual nature, 


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

2 trauma (as defined in section 1167(i) of this title)’’; 

3 (3) by redesignating subsection (c) as subsection 

4 (d); and 

5 (4) by inserting after subsection (b) the following 

6 new subsection (c): 

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

8 Secretary shall ensure that a veteran who requires a med9 ical examination in support of a claim described in sub10 section (a) may request that the medical examination take 

11 place at a medical facility of the Department by a qualified 

12 employee of the Department rather than at a location des13 ignated by a Department contractor that performs such ex14 aminations on behalf of the Department. 

15 ‘‘(2) The Secretary— 

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

17 (1) if a medical facility of the Department is avail18 able not further than 100 miles from the veteran’s 

19 home; and 

20 ‘‘(B) may not issue a decision on a claim de21 scribed in such paragraph before the requested exam22 ination is completed, or notice is provided per para23 graph (c)(3). 

24 ‘‘(3) If a medical facility of the Department is not 

25 available within 100 miles of the veteran’s home, the SecVerDate Sep 11 2014 16:33 Mar 02, 2022 Jkt 029200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6203 E:\BILLS\S3025.RS S3025

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1 retary shall notify the veteran and provide the veteran the 

2 opportunity— 

3 ‘‘(A) to have the examination completed by a 

4 contractor of the Department; or 

5 ‘‘(B) to complete the examination at a medical 

6 facility further than 100 miles from the veteran’s 

7 home.’’. 

8 (b) CLERICAL AMENDMENT.—The table of sections at 

9 the beginning of chapter 11 of such title is amended by 

10 striking the item relating to section 1165 and inserting the 

11 following new item: 

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

for certain disabilities.’’. 

12 SEC. 205. COMMUNICATIONS FROM THE DEPARTMENT OF 

13 VETERANS AFFAIRS TO INDIVIDUALS WHO 

14 HAVE EXPERIENCED MILITARY SEXUAL TRAU15 MA. 

16 (a) REVIEW BOARD.— 

17 (1) IN GENERAL.—The Secretary of Veterans Af18 fairs shall establish a board to review correspondence 

19 relating to military sexual trauma. 

20 (2) MEMBERSHIP.—The board established under 

21 paragraph (1) shall be composed of members who 

22 shall be appointed by the Secretary from among em23 ployees of the Department of Veterans Affairs who are 


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1 experts in military sexual trauma and mental health, 

2 of whom— 

3 (A) one or more shall be appointed from 

4 among mental health providers of the Veterans 

5 Health Administration; 

6 (B) one or more shall be appointed from 

7 among experts on sexual assault and sexual har8 assment of the Veterans Benefits Administration; 

9 and 

10 (C) one or more shall be appointed from 

11 among experts on sexual assault and sexual har12 assment of the Board of Veterans’ Appeals. 

13 (3) DUTIES.—The board established under para14 graph (1) shall— 

15 (A) review standard correspondence, which 

16 may include templates for notices under sections 

17 5103, 5104, 5104B, and 7104 of title 38, United 

18 States Code, from the Department to individuals 

19 who have experienced military sexual trauma for 

20 sensitivity; and 

21 (B) ensure that the correspondence— 

22 (i) treats such individuals with dignity 

23 and respect; and 

24 (ii) does not re-traumatize such indi25 viduals. 


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1 (4) INDIVIDUAL WHO HAS EXPERIENCED MILI2 TARY SEXUAL TRAUMA DEFINED.—In this subsection, 

3 the term ‘‘individual who has experienced military 

4 sexual trauma’’ means— 

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

6 compensation under chapter 11 of title 38, 

7 United States Code, relating to military sexual 

8 trauma; 

9 (B) a veteran who has been awarded com10 pensation under such chapter relating to mili11 tary sexual trauma; or 

12 (C) a former member of the Armed Forces 

13 or a veteran who is receiving care from the De14 partment relating to military sexual trauma. 

15 (b) CONTENTS OF CERTAIN WRITTEN COMMUNICA16 TIONS TO INDIVIDUALS WHO HAVE EXPERIENCED MILI17 TARY SEXUAL TRAUMA.— 

18 (1) NOTICE TO CLAIMANTS OF REQUIRED INFOR19 MATION AND EVIDENCE.—Section 5103 of title 38, 

20 United States Code, is amended by adding at the end 

21 the following new subsection: 

22 ‘‘(c) WRITTEN COMMUNICATIONS TO INDIVIDUALS

23 WHO HAVE EXPERIENCED MILITARY SEXUAL TRAUMA.— 

24 (1) The Secretary shall ensure that any written commu25 nication under this section from the Department to an indiVerDate Sep 11 2014 16:33 Mar 02, 2022 Jkt 029200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6203 E:\BILLS\S3025.RS S3025

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1 vidual who has experienced military sexual trauma in2 cludes contact information for each of the following: 

3 ‘‘(A) The military sexual trauma coordinator of 

4 the Veterans Benefits Administration. 

5 ‘‘(B) The military sexual trauma coordinator of 

6 the Veterans Health Administration. 

7 ‘‘(C) The Veterans Crisis Line. 

8 ‘‘(D) The facility of the Veterans Health Admin9 istration closest to where the individual resides. 

10 ‘‘(2) In this subsection: 

11 ‘‘(A) The term ‘individual who has experienced 

12 military sexual trauma’ means— 

13 ‘‘(i) a veteran who has filed a claim for 

14 compensation under chapter 11 of this title relat15 ing to military sexual trauma; 

16 ‘‘(ii) a veteran who has been awarded com17 pensation under such chapter relating to mili18 tary sexual trauma; or 

19 ‘‘(iii) a former member of the Armed Forces 

20 or a veteran who is receiving care from the De21 partment relating to military sexual trauma. 

22 ‘‘(B) The term ‘military sexual trauma’ has the 

23 meaning given that term in section 1167(i) of this 

24 title. 


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1 ‘‘(C) The term ‘Veterans Crisis Line’ means the 

2 toll-free hotline for veterans established under section 

3 1720F(h) of this title.’’. 

4 (2) DECISIONS AND NOTICES OF DECISIONS.— 

5 Section 5104 of title 38, United States Code, is 

6 amended by adding at the end the following new sub7 section: 

8 ‘‘(c)(1) The Secretary shall ensure that any written 

9 communication under this section from the Department to 

10 an individual who has experienced military sexual trauma 

11 includes contact information for each of the following: 

12 ‘‘(A) The military sexual trauma coordinator of 

13 the Veterans Health Administration. 

14 ‘‘(B) The Veterans Crisis Line. 

15 ‘‘(C) The facility of the Veterans Health Admin16 istration closest to where the individual resides. 

17 ‘‘(2) The Secretary shall ensure that any written com18 munication under this section from the Department to an 

19 individual who has experienced military sexual trauma 

20 that includes notification of an award of compensation 

21 under chapter 11 of this title relating to military sexual 

22 trauma includes— 

23 ‘‘(A) the contact information described in para24 graph (1); and 


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1 ‘‘(B) the contact information for the military 

2 sexual trauma coordinator of the Veterans Benefits 

3 Administration. 

4 ‘‘(3) In this subsection: 

5 ‘‘(A) The term ‘individual who has experienced 

6 military sexual trauma’ means— 

7 ‘‘(i) a veteran who has filed a claim for 

8 compensation under chapter 11 of this title relat9 ing to military sexual trauma; 

10 ‘‘(ii) a veteran who has been awarded com11 pensation under such chapter relating to mili12 tary sexual trauma; or 

13 ‘‘(iii) a former member of the Armed Forces 

14 or a veteran who is receiving care from the De15 partment relating to military sexual trauma. 

16 ‘‘(B) The term ‘military sexual trauma’ has the 

17 meaning given that term in section 1167(i) of this 

18 title. 

19 ‘‘(C) The term ‘Veterans Crisis Line’ means the 

20 toll-free hotline for veterans established under section 

21 1720F(h) of this title.’’. 

22 (3) HIGHER-LEVEL REVIEW BY THE AGENCY OF

23 ORIGINAL JURISDICTION.—Section 5104B of title 38, 

24 United States Code, is amended by adding at the end 

25 the following new subsection: 


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1 ‘‘(f) WRITTEN COMMUNICATIONS TO INDIVIDUALS

2 WHO HAVE EXPERIENCED MILITARY SEXUAL TRAUMA.— 

3 (1) The Secretary shall ensure that any written commu4 nication under this section from the Department to an indi5 vidual who has experienced military sexual trauma in6 cludes contact information for each of the following: 

7 ‘‘(A) The military sexual trauma coordinator of 

8 the Veterans Health Administration. 

9 ‘‘(B) The Veterans Crisis Line. 

10 ‘‘(C) The facility of the Veterans Health Admin11 istration closest to where the individual resides. 

12 ‘‘(2) The Secretary shall ensure that any written com13 munication under this section from the Department to an 

14 individual who has experienced military sexual trauma 

15 that includes notification of an award of compensation 

16 under chapter 11 of this title relating to military sexual 

17 trauma includes— 

18 ‘‘(A) the contact information described in para19 graph (1); and 

20 ‘‘(B) the contact information for the military 

21 sexual trauma coordinator of the Veterans Benefits 

22 Administration. 

23 ‘‘(3) In this subsection: 

24 ‘‘(A) The term ‘individual who has experienced 

25 military sexual trauma’ means— 


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1 ‘‘(i) a veteran who has filed a claim for 

2 compensation under chapter 11 of this title relat3 ing to military sexual trauma; 

4 ‘‘(ii) a veteran who has been awarded com5 pensation under such chapter relating to mili6 tary sexual trauma; or 

7 ‘‘(iii) a former member of the Armed Forces 

8 or a veteran who is receiving care from the De9 partment relating to military sexual trauma. 

10 ‘‘(B) The term ‘military sexual trauma’ has the 

11 meaning given that term in section 1167(i) of this 

12 title. 

13 ‘‘(C) The term ‘Veterans Crisis Line’ means the 

14 toll-free hotline for veterans established under section 

15 1720F(h) of this title.’’. 

16 (4) BOARD OF VETERANS’ APPEALS.—Section 

17 7104 of title 38, United States Code, is amended by 

18 adding at the end the following new subsection: 

19 ‘‘(f)(1) The Secretary shall ensure that any written 

20 communication under this section from the Department to 

21 an individual who has experienced military sexual trauma 

22 includes contact information for each of the following: 

23 ‘‘(A) The military sexual trauma coordinator of 

24 the Veterans Health Administration. 

25 ‘‘(B) The Veterans Crisis Line. 


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1 ‘‘(C) The facility of the Veterans Health Admin2 istration closest to where the individual resides. 

3 ‘‘(2) The Secretary shall ensure that any written com4 munication under this section from the Department to an 

5 individual who has experienced military sexual trauma 

6 that includes notification of an award of compensation 

7 under chapter 11 of this title relating to military sexual 

8 trauma includes— 

9 ‘‘(A) the contact information described in para10 graph (1); and 

11 ‘‘(B) the contact information for the military 

12 sexual trauma coordinator of the Veterans Benefits 

13 Administration. 

14 ‘‘(3) In this subsection: 

15 ‘‘(A) The term ‘individual who has experienced 

16 military sexual trauma’ means— 

17 ‘‘(i) a veteran who has filed a claim for 

18 compensation under chapter 11 of this title relat19 ing to military sexual trauma; 

20 ‘‘(ii) a veteran who has been awarded com21 pensation under such chapter relating to mili22 tary sexual trauma; or 

23 ‘‘(iii) a former member of the Armed Forces 

24 or a veteran who is receiving care from the De25 partment relating to military sexual trauma. 


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1 ‘‘(B) The term ‘military sexual trauma’ has the 

2 meaning given that term in section 1167(i) of this 

3 title. 

4 ‘‘(C) The term ‘Veterans Crisis Line’ means the 

5 toll-free hotline for veterans established under section 

6 1720F(h) of this title.’’. 

7 SEC. 206. STUDY ON TRAINING AND PROCESSING RELATING 

8 TO CLAIMS FOR DISABILITY COMPENSATION 

9 RELATING TO MILITARY SEXUAL TRAUMA. 

10 (a) STUDY REQUIRED.—The Secretary of Veterans Af11 fairs shall conduct a study on— 

12 (1) the quality of training provided to personnel 

13 of the Department of Veterans Affairs who review 

14 claims for disability compensation under chapter 11 

15 of title 38, United States Code, for disabilities relat16 ing to military sexual trauma; and 

17 (2) the quality of the procedures of the Depart18 ment for reviewing the accuracy of the processing of 

19 such claims. 

20 (b) ELEMENTS.—The study required by subsection (a) 

21 shall include the following: 

22 (1) With respect to the quality of training de23 scribed in paragraph (1) of such subsection: 

24 (A) Whether the Department ensures per25 sonnel complete such training on time. 


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1 (B) Whether the training has resulted in 

2 improvements to the processing of claims de3 scribed in such subsection and issue-based accu4 racy. 

5 (C) Such recommendations as the Secretary 

6 of Veterans Affairs may have for improving the 

7 training. 

8 (2) With respect to the quality of procedures de9 scribed in paragraph (2) of such subsection: 

10 (A) Whether the procedures of the Depart11 ment for reviewing the accuracy of the processing 

12 of claims described in such subsection comport 

13 with generally accepted statistical methodologies 

14 to ensure reasonable accuracy of such reviews. 

15 (B) Whether such procedures adequately in16 clude mechanisms to correct errors found in such 

17 reviews. 

18 (C) Such recommendations as the Secretary 

19 may have for improving such procedures. 

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

21 the date of the enactment of this Act, the Secretary shall 

22 submit to the Committee on Veterans’ Affairs of the Senate 

23 and the Committee on Veterans’ Affairs of the House of Rep24 resentatives a report detailing the findings of the Secretary 

25 with respect to the study conducted under 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 Af8 fairs shall conduct a special focus review on the accu9 racy of the processing of claims for disability com10 pensation under chapter 11 of title 38, United States 

11 Code, for disabilities relating to military sexual trau12 ma. 

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 trau19 ma filed during the fiscal year preceding the fis20 cal 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 personnel 

2 of the Department who process claims described 

3 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 the 

8 laws administered by the Secretary, the Secretary shall re9 turn the relevant claim of the veteran to the appropriate 

10 regional office of the Department for reprocessing to ensure 

11 that the veteran receives an accurate decision with respect 

12 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 than 

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

18 claim for benefits under the laws administered by the Sec19 retary of Veterans Affairs relating to military sexual trau20 ma filed during the fiscal year preceding the fiscal year 

21 in which the report is submitted. 

22 (d) REPORT.—Section 5501(b)(2) of the Johnny Isak23 son and David P. Roe, M.D. Veterans Health Care and 

24 Benefits Improvement Act of 2020 (Public Law 116–315; 


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1 134 Stat. 5048) is amended by adding at the end the fol2 lowing new subparagraph: 

3 ‘‘(I) The findings of the most recent special 

4 focus review conducted under subsection (a)(1) of 

5 section 207 of the Servicemembers and Veterans 

6 Empowerment and Support Act of 2021, includ7 ing— 

8 ‘‘(i) the elements under subsection 

9 (a)(2) of such section; 

10 ‘‘(ii) the number of claims returned for 

11 reprocessing under subsection (b) of such 

12 section; and 

13 ‘‘(iii) the number of claims described 

14 in clause (ii) for which the decision relating 

15 to service-connection or entitlement to com16 pensation changed as a result of reprocess17 ing the claim.’’. 

18 (e) SUNSET.—On the date that the Under Secretary 

19 determines, pursuant to special focus reviews conducted 

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

21 rates under paragraph (2)(B) of such subsection have been 

22 95 percent or greater for five consecutive years— 

23 (1) subsection (a)(1) shall cease to be in effect; 

24 and 


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1 (2) subparagraph (I) of section 5501(b)(2) of the 

2 Johnny Isakson and David P. Roe, M.D. Veterans 

3 Health Care and Benefits Improvement Act of 2020 

4 (Public Law 116–315; 134 Stat. 5048), as added by 

5 subsection (d), is repealed. 

6 TITLE III—ACCESS TO HEALTH 

7 CARE 

8 SEC. 301. EXPANSION OF ELIGIBILITY FOR COUNSELING 

9 AND TREATMENT FOR MILITARY SEXUAL 

10 TRAUMA TO INCLUDE ALL FORMER MEMBERS 

11 OF THE RESERVE COMPONENTS OF THE 

12 ARMED FORCES. 

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

14 amended— 

15 (1) in subsection (a)— 

16 (A) in paragraph (1), by striking ‘‘a phys17 ical assault’’ and all that follows through the pe18 riod at the end and inserting ‘‘military sexual 

19 trauma.’’; and 

20 (B) in paragraph (2), by striking ‘‘was suf21 fered’’ and all that follows through the period at 

22 the end and inserting ‘‘resulted from military 

23 sexual trauma.’’; and 

24 (2) by striking subsections (f) and (g) and in25 serting the following new subsection (f): 


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1 ‘‘(f) In this section: 

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

3 Forces’ means a person who served on active duty, ac4 tive duty for training, or inactive duty training, and 

5 who was discharged or released therefrom under any 

6 condition that is not— 

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

8 ‘‘(B) a discharge subject to a bar to benefits 

9 under section 5303 of this title. 

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

11 with respect to a member of the Armed Forces or 

12 former member of the Armed Forces, a physical as13 sault of a sexual nature, battery of a sexual nature, 

14 or sexual harassment which occurred while the mem15 ber or former member was serving on duty, regardless 

16 of duty status or line of duty determination (as that 

17 term is used in section 12323 of title 10). 

18 ‘‘(3) The term ‘sexual harassment’ means unso19 licited verbal or physical contact of a sexual nature 

20 which is threatening in character.’’. 


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1 SEC. 302. CONNECTION TO VETERANS HEALTH ADMINIS2 TRATION WHEN A DISABILITY CLAIM RE3 LATED TO MILITARY SEXUAL TRAUMA IS SUB4 MITTED TO VETERANS BENEFITS ADMINIS5 TRATION. 

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

7 date on which a veteran submits a claim for disability com8 pensation to the Veterans Benefits Administration for a dis9 ability related to military sexual trauma, the Secretary of 

10 Veterans Affairs shall send a communication to the veteran 

11 with the following information: 

12 (1) The contact information for the nearest mili13 tary sexual trauma coordinator for the veteran at the 

14 Veterans Benefits Administration and a description 

15 of the assistance such coordinator can provide. 

16 (2) The contact information for the nearest mili17 tary sexual trauma coordinator for the veteran at the 

18 Veterans Health Administration and a description of 

19 the assistance such coordinator can provide. 

20 (3) The types of services that individuals who 

21 have experienced military sexual trauma are eligible 

22 to receive from the Department of Veterans Affairs, 

23 including the nearest locations and the contact infor24 mation for such services. 


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1 (4) The contact information for the Veterans Cri2 sis Line established under section 1720F(h) of title 

3 38, United States Code. 

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

5 resources for military sexual trauma as the Secretary 

6 determines appropriate. 

7 (b) DEFINITION OF MILITARY SEXUAL TRAUMA.—In 

8 this section, the term ‘‘military sexual trauma’’ has the 

9 meaning given that term in section 1167(i) of title 38, 

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

11 SEC. 303. PILOT PROGRAM FOR INTERIM ACCESS TO MEN12 TAL HEALTH CARE FOR INDIVIDUALS WHO 

13 HAVE EXPERIENCED MILITARY SEXUAL TRAU14 MA. 

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

16 year after the date of the enactment of this Act, the Sec17 retary of Veterans Affairs shall carry out a pilot program 

18 to provide intensive outpatient mental health care to cur19 rent and former members of the Armed Forces who have 

20 experienced military sexual trauma when the wait times 

21 for residential mental health care from the Department of 

22 Veterans Affairs for the individual is more than 14 days. 

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

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

25 beginning on the commencement of the pilot program. 


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1 (c) LOCATIONS.— 

2 (1) IN GENERAL.—The Secretary shall carry out 

3 the pilot program under subsection (a) at not fewer 

4 than four Veterans Integrated Service Networks of the 

5 Department. 

6 (2) SELECTION OF LOCATIONS.—In selecting lo7 cations for the pilot program under subsection (a), the 

8 Secretary shall select locations that have the longest 

9 wait times for residential mental health care, particu10 larly for individuals who have experienced military 

11 sexual trauma. 

12 (3) NOTIFICATION.—Before commencing the pilot 

13 program under subsection (a), the Secretary shall no14 tify the Committee on Veterans’ Affairs of the Senate 

15 and the Committee on Veterans’ Affairs of the House 

16 of Representatives of the locations selected for the pilot 

17 program. 

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

19 the individual participating in the pilot program under 

20 subsection (a) and the capacity of facilities of the Depart21 ment, the Secretary may provide services under the pilot 

22 program via telehealth or in person at a facility of the De23 partment. 

24 (e) PARTICIPATION.— 


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1 (1) CLARIFICATION ON PARTICIPATION.—Partici2 pation by an individual in the pilot program under 

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

4 individual is waiting for a residential mental health 

5 bed opening and shall not disqualify the individual 

6 from receiving residential mental health care fol7 lowing their participation in the pilot program. 

8 (2) DECISIONS ON PARTICIPATION.—Decisions 

9 about the participation of an individual in the pilot 

10 program and the transition of the individual to resi11 dential mental health care shall be made by the indi12 vidual and their health care provider. 

13 (f) REPORT.—Not later than 180 days after the conclu14 sion of the pilot program under subsection (a), the Sec15 retary shall submit to Congress a report on— 

16 (1) participation in the pilot program; 

17 (2) clinical outcomes under the pilot program; 

18 and 

19 (3) such recommendations for continuation or 

20 termination of the program as the Secretary may 

21 have, including recommendations for legislative or ad22 ministrative action. 

23 (g) DEFINITION OF MILITARY SEXUAL TRAUMA.—In 

24 this section, the term ‘‘military sexual trauma’’ has the 


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

2 United States Code, as added by section 301. 

3 SEC. 304. COMPTROLLER GENERAL STUDY ON ACCESS TO 

4 CARE FROM DEPARTMENT OF VETERANS AF5 FAIRS FOR INDIVIDUALS WHO HAVE EXPERI6 ENCED MILITARY SEXUAL TRAUMA. 

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

8 United States shall conduct a study on access to mental 

9 health care at facilities of the Department of Veterans Af10 fairs for individuals who have experienced military sexual 

11 trauma. 

12 (b) ELEMENTS.—The study conducted under sub13 section (a) shall include an assessment of the following: 

14 (1) The availability of residential and outpatient 

15 services, including wait times and geographic dispari16 ties for such services, to include— 

17 (A) an assessment of the availability of bed 

18 spaces in the mental health residential rehabili19 tation treatment programs of the Department of 

20 Veterans Affairs for individuals who have experi21 enced military sexual trauma, including an as22 sessment of the suitability of those programs for 

23 such individuals and the wait times for services 

24 under those programs; 


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1 (B) an assessment of geographic disparities 

2 in access to those programs for individuals who 

3 have experienced military sexual trauma, includ4 ing by region and by rural and urban areas; 

5 (C) an assessment of alternative care op6 tions provided when an individual who has expe7 rienced military sexual trauma is waiting for 

8 residential care, the efficacy of those alternatives, 

9 and the satisfaction of patients with those alter10 natives; 

11 (D) recommendations for reducing the aver12 age wait time for services under those programs 

13 to 14 days or less, including by increasing bed 

14 space or addressing staffing needs; and 

15 (E) an assessment of the satisfaction of pa16 tients with the tracks of those programs specific 

17 to military sexual trauma, an assessment of the 

18 wait times for services under those tracks, and 

19 recommendations for increasing or changing the 

20 number of locations for services under those 

21 tracks to better meet the needs of individuals who 

22 have experienced military sexual trauma. 

23 (2) The communication and advertisement by 

24 the Department of the care, services, and resources 


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1 available for individuals who have experienced mili2 tary sexual trauma. 

3 (3) The barriers to accessing health care related 

4 to military sexual trauma at a facility of the Depart5 ment for individuals who have experienced military 

6 sexual trauma, including transportation, child care, 

7 lack of telehealth, gender-specific barriers, and more. 

8 (4) The extent to which the Secretary has as9 sessed the quality of the training provided to pro10 viders of the Department on military sexual trauma 

11 and made any adjustments in response to such assess12 ment. 

13 (5) The role of Vet Centers in providing care to 

14 individuals who have experienced military sexual 

15 trauma, including current and former members of the 

16 Armed Forces. 

17 (6) Any current actions by the Secretary to 

18 strengthen access to high-quality care for individuals 

19 who have experienced military sexual trauma and 

20 such recommendations for improving access to care 

21 for such individuals as the Comptroller General con22 siders appropriate. 

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

24 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.—The term 

5 ‘‘military sexual trauma’’ has the meaning given that 

6 term in section 1720D(f) of title 38, United States 

7 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. 


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Calendar No. 289 

117TH CONGRESS 

2D SESSION S. 3025 

A BILL 

To amend title 38, United States Code, to expand 

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

MARCH 1, 2022 

Reported with an amendment 


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