II 

118TH CONGRESS 

1ST SESSION S. 1028 

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 

MARCH 29, 2023 

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 2023’’. 

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. 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. Evaluation of claims involving 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. 

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 Vet9 erans’ Affairs of the House of Representatives a report 

10 on military sexual trauma in the digital age. 


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1 (b) REQUIREMENTS.—The report required under 

2 subsection (a) shall include the following: 

3 (1) A comprehensive evaluation and assessment 

4 of current Department of Veterans Affairs statutes, 

5 regulations, and agency guidance relating to military 

6 sexual trauma for the purposes of access to health 

7 care under chapter 17 of title 38, United States 

8 Code, and compensation under chapter 11 of such 

9 title to identify— 

10 (A) gaps in coverage for health care and 

11 compensation eligibility relating to military sex12 ual trauma involving online or other techno13 logical communications; and 

14 (B) the feasibility and advisability of ex15 panding health care and compensation for trau16 ma that is nonsexual in nature involving online 

17 or other technological communications. 

18 (2) Recommendations for revising statutes, reg19 ulations, and agency guidance in response to the 

20 evaluation and assessment under paragraph (1). 

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

22 the Secretary of Veterans Affairs shall consult veterans 

23 service organizations and such other stakeholders as the 

24 Secretary considers relevant and appropriate. 


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1 (d) MILITARY SEXUAL TRAUMA DEFINED.—In this 

2 section, the term ‘‘military sexual trauma’’— 

3 (1) with respect to eligibility for health care, 

4 has the meaning given such term in section 

5 1720D(f) of title 38, United States Code, as added 

6 by section 301; and 

7 (2) with respect to eligibility for compensation, 

8 has the meaning given such term in section 1169(i) 

9 of title 38, United States Code, as added by section 

10 203(a). 

11 TITLE II—DISABILITY COM12 PENSATION AND CLAIMS 

13 PROCESSING 

14 SEC. 201. DEFINITION OF MILITARY SEXUAL TRAUMA. 

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

16 the meaning given such term in section 1169(i) of title 

17 38, United States Code, as added by section 203(a). 

18 SEC. 202. CONFORMING CHANGES RELATING TO SPECIAL19 IZED TEAMS TO EVALUATE CLAIMS INVOLV20 ING MILITARY SEXUAL TRAUMA. 

21 Subsection (d) of section 1166 of title 38, United 

22 States Code, is amended to read as follows: 

23 ‘‘(a) DEFINITIONS.—In this section, the terms ‘cov24 ered mental health condition’ and ‘military sexual trauma’ 


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1 have the meanings given those terms in section 1169(i) 

2 of this title.’’. 

3 SEC. 203. EVALUATION OF CLAIMS INVOLVING MILITARY 

4 SEXUAL TRAUMA. 

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

6 such title is amended by inserting after section 1166 the 

7 following new section: 

8 ‘‘§ 1166A. Evaluation of claims involving military sex9 ual trauma 

10 ‘‘(a) IN GENERAL.—(1) In the case of any veteran 

11 who claims that a covered mental health condition based 

12 on military sexual trauma was incurred in or aggravated 

13 by active military, naval, air, or space service, the Sec14 retary shall consider the following: 

15 ‘‘(A) A diagnosis of such mental health condi16 tion by a mental health professional. 

17 ‘‘(B) A link, established by medical evidence, 

18 between current symptoms and a military sexual 

19 trauma. 

20 ‘‘(C) Credible supporting evidence, in accord21 ance with subsections (b) and (c) that the claimed 

22 military sexual trauma occurred. 

23 ‘‘(2) The reasons for granting or denying service-con24 nection in each case described in paragraph (1) shall be 

25 recorded in full. 


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

2 For purposes of subsection (a), evidence from sources 

3 other than official records of the Department of Defense 

4 regarding the veteran’s active military, naval, air, or space 

5 service may corroborate the veteran’s account of the trau6 ma. 

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

8 include the following: 

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

10 rape crisis centers, mental health counseling centers, 

11 hospitals, and physicians. 

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

13 transmitted diseases. 

14 ‘‘(C) Statements from family members, room15 mates, other members of the Armed Forces or vet16 erans, and clergy. 

17 ‘‘(c) EVIDENCE OF BEHAVIOR CHANGES.—(1) For 

18 purposes of subsection (a), evidence of a behavior change 

19 following military sexual trauma is one type of relevant 

20 evidence that may be found in sources described in such 

21 subsection. 

22 ‘‘(2) Examples of behavior changes that may be rel23 evant evidence of military sexual trauma include the fol24 lowing: 


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1 ‘‘(A) A request for a transfer to another mili2 tary duty assignment. 

3 ‘‘(B) Deterioration in work performance. 

4 ‘‘(C) Substance abuse or substance use dis5 order. 

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

7 anxiety without an identifiable cause. 

8 ‘‘(E) Unexplained economic or social behavior 

9 changes. 

10 ‘‘(d) NOTICE AND OPPORTUNITY TO SUPPLY EVI11 DENCE.—The Secretary may not deny a claim of a veteran 

12 for compensation under this chapter for a covered mental 

13 health condition that is based on military sexual trauma 

14 without first— 

15 ‘‘(1) advising the veteran that evidence de16 scribed in subsections (b) and (c) may constitute 

17 credible corroborating evidence of the military sexual 

18 trauma; and 

19 ‘‘(2) allowing the veteran an opportunity to fur20 nish such corroborating evidence or advise the Sec21 retary of potential sources of such evidence. 

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

23 for compensation described in subsection (a)(1), for any 

24 evidence identified as part of such claim that is described 

25 in subsection (b) or (c), the Secretary shall submit such 


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1 evidence to such medical or mental health professional as 

2 the Secretary considers appropriate, including clinical and 

3 counseling experts employed by the Department, to obtain 

4 an opinion as to whether the evidence indicates that a mili5 tary sexual trauma occurred. 

6 ‘‘(f) 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)(1) 

9 includes contact information for an appropriate point of 

10 contact with the Department. 

11 ‘‘(g) SPECIALIZED TEAMS.—The Secretary shall en12 sure that all claims for compensation described in sub13 section (a)(1) are reviewed and processed by a specialized 

14 team established under section 1166 of this title. 

15 ‘‘(h) 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 nonsexual personal 

20 assault, which the Secretary shall continue to define in 

21 regulation. 

22 ‘‘(i) 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 that the 


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1 Secretary determines to be related to military sexual 

2 trauma and which may be service-connected under 

3 section 1110 of this title. 

4 ‘‘(2) The term ‘mental health professional’ 

5 means a provider in the field of mental health who 

6 meets the credential, licensure, education, and train7 ing requirements established by the Secretary. 

8 ‘‘(3) The term ‘military sexual trauma’ means, 

9 with respect to a veteran, a physical assault of a sex10 ual nature, battery of a sexual nature, or sexual har11 assment that occurred while the veteran was serving 

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

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

14 date of the enactment of this Act, the Secretary of Vet15 erans Affairs shall implement, with input from the veteran 

16 community, an informative outreach program for veterans 

17 regarding the standard of proof for evaluation of claims 

18 relating to military sexual trauma, including requirements 

19 for a medical examination and opinion. 

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

21 at the beginning of such chapter is amended by inserting 

22 after the item relating to section 1166 the following new 

23 item: 

‘‘1166A. 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 1166A(i) of this 

15 title)’’; 

16 (3) by redesignating subsection (c) as sub17 section (d); and 

18 (4) by inserting after subsection (b) the fol19 lowing new subsection (c): 

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

21 Secretary shall ensure that a veteran who requires a med22 ical examination in support of a claim described in sub23 section (a) may request that the medical examination take 

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

25 employee of the Department rather than at a location desVerDate Sep 11 2014 17:24 Apr 08, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1028.IS S1028

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1 ignated by a Department contractor that performs such 

2 examinations on behalf of the Department. 

3 ‘‘(2) The Secretary— 

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

5 (1) if a medical facility of the Department is avail6 able not further than 100 miles from the veteran’s 

7 home; and 

8 ‘‘(B) may not issue a decision on a claim de9 scribed in such paragraph before the requested ex10 amination is completed, or notice is provided per 

11 paragraph (c)(3). 

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

13 available within 100 miles of the veteran’s home, the Sec14 retary shall notify the veteran and provide the veteran the 

15 opportunity— 

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

17 contractor of the Department; or 

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

19 facility further than 100 miles from the veteran’s 

20 home.’’. 

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

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

23 by striking the item relating to section 1165 and inserting 

24 the following new item: 

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

for certain disabilities.’’. 


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1 SEC. 205. COMMUNICATIONS FROM THE DEPARTMENT OF 

2 VETERANS AFFAIRS TO INDIVIDUALS WHO 

3 HAVE EXPERIENCED MILITARY SEXUAL 

4 TRAUMA. 

5 (a) REVIEW BOARD.— 

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

7 Affairs shall establish a board to review correspond8 ence relating to military sexual trauma. 

9 (2) MEMBERSHIP.—The board established 

10 under paragraph (1) shall be composed of members 

11 who shall be appointed by the Secretary from among 

12 employees of the Department of Veterans Affairs 

13 who are experts in military sexual trauma and men14 tal health, of whom— 

15 (A) one or more shall be appointed from 

16 among mental health providers of the Veterans 

17 Health Administration; 

18 (B) one or more shall be appointed from 

19 among experts on sexual assault and sexual 

20 harassment of the Veterans Benefits Adminis21 tration; and 

22 (C) one or more shall be appointed from 

23 among experts on sexual assault and sexual 

24 harassment of the Board of Veterans’ Appeals. 

25 (3) DUTIES.—The board established under 

26 paragraph (1) shall— 


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1 (A) review standard correspondence, which 

2 may include templates for notices under sec3 tions 5103, 5104, 5104B, and 7104 of title 38, 

4 United States Code, from the Department to 

5 individuals who have experienced military sex6 ual trauma for sensitivity; and 

7 (B) ensure that the correspondence— 

8 (i) treats such individuals with dignity 

9 and respect; and 

10 (ii) does not re-traumatize such indi11 viduals. 

12 (4) INDIVIDUAL WHO HAS EXPERIENCED MILI13 TARY SEXUAL TRAUMA DEFINED.—In this sub14 section, the term ‘‘individual who has experienced 

15 military sexual trauma’’ means— 

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

17 compensation under chapter 11 of title 38, 

18 United States Code, relating to military sexual 

19 trauma; 

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

23 (C) 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) CONTENTS OF CERTAIN WRITTEN COMMUNICA2 TIONS TO INDIVIDUALS WHO HAVE EXPERIENCED MILI3 TARY SEXUAL TRAUMA.— 

4 (1) NOTICE TO CLAIMANTS OF REQUIRED IN5 FORMATION AND EVIDENCE.—Section 5103 of title 

6 38, United States Code, is amended by adding at 

7 the end the following new subsection: 

8 ‘‘(c) WRITTEN COMMUNICATIONS TO INDIVIDUALS

9 WHO HAVE EXPERIENCED MILITARY SEXUAL TRAU10 MA.—(1) The Secretary shall ensure that any written com11 munication under this section from the Department to an 

12 individual who has experienced military sexual trauma in13 cludes contact information for each of the following: 

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

15 the Veterans Benefits Administration. 

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

17 the Veterans Health Administration. 

18 ‘‘(C) The Veterans Crisis Line. 

19 ‘‘(D) The facility of the Veterans Health Ad20 ministration closest to where the individual resides. 

21 ‘‘(2) In this subsection: 

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

23 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 re3 lating 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 

8 Forces or a veteran who is receiving care from 

9 the Department relating to military sexual trau10 ma. 

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

12 meaning given that term in section 1166A(i) of this 

13 title. 

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

15 toll-free hotline for veterans established under sec16 tion 1720F(h) of this title.’’. 

17 (2) DECISIONS AND NOTICES OF DECISIONS.— 

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

19 amended by adding at the end the following new 

20 subsection: 

21 ‘‘(e)(1) The Secretary shall ensure that any written 

22 communication under this section from the Department 

23 to an individual who has experienced military sexual trau24 ma includes contact information for each of the following: 


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

2 the Veterans Health Administration. 

3 ‘‘(B) The Veterans Crisis Line. 

4 ‘‘(C) The facility of the Veterans Health Ad5 ministration closest to where the individual resides. 

6 ‘‘(2) The Secretary shall ensure that any written 

7 communication under this section from the Department 

8 to an individual who has experienced military sexual trau9 ma that includes notification of an award of compensation 

10 under chapter 11 of this title relating to military sexual 

11 trauma includes— 

12 ‘‘(A) the contact information described in para13 graph (1); and 

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

15 sexual trauma coordinator of the Veterans Benefits 

16 Administration. 

17 ‘‘(3) In this subsection: 

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

19 military sexual trauma’ means— 

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

21 compensation under chapter 11 of this title re22 lating to military sexual trauma; 

23 ‘‘(ii) a veteran who has been awarded com24 pensation under such chapter relating to mili25 tary sexual trauma; or 


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1 ‘‘(iii) a former member of the Armed 

2 Forces or a veteran who is receiving care from 

3 the Department relating to military sexual trau4 ma. 

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

6 meaning given that term in section 1166A(i) of this 

7 title. 

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

9 toll-free hotline for veterans established under sec10 tion 1720F(h) of this title.’’. 

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

12 ORIGINAL JURISDICTION.—Section 5104B of title 

13 38, United States Code, is amended by adding at 

14 the end the following new subsection: 

15 ‘‘(f) WRITTEN COMMUNICATIONS TO INDIVIDUALS

16 WHO HAVE EXPERIENCED MILITARY SEXUAL TRAU17 MA.—(1) 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 in20 cludes contact information for each of the following: 

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

22 the Veterans Health Administration. 

23 ‘‘(B) The Veterans Crisis Line. 

24 ‘‘(C) The facility of the Veterans Health Ad25 ministration closest to where the individual resides. 


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1 ‘‘(2) The Secretary shall ensure that any written 

2 communication under this section from the Department 

3 to an individual who has experienced military sexual trau4 ma that includes notification of an award of compensation 

5 under chapter 11 of this title relating to military sexual 

6 trauma includes— 

7 ‘‘(A) the contact information described in para8 graph (1); and 

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

10 sexual trauma coordinator of the Veterans Benefits 

11 Administration. 

12 ‘‘(3) In this subsection: 

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

14 military sexual trauma’ means— 

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

16 compensation under chapter 11 of this title re17 lating to military sexual trauma; 

18 ‘‘(ii) a veteran who has been awarded com19 pensation under such chapter relating to mili20 tary sexual trauma; or 

21 ‘‘(iii) a former member of the Armed 

22 Forces or a veteran who is receiving care from 

23 the Department relating to military sexual trau24 ma. 


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

2 meaning given that term in section 1166A(i) of this 

3 title. 

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

5 toll-free hotline for veterans established under sec6 tion 1720F(h) of this title.’’. 

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

8 7104 of title 38, United States Code, is amended by 

9 adding at the end the following new subsection: 

10 ‘‘(g)(1) The Secretary shall ensure that any written 

11 communication under this section from the Department 

12 to an individual who has experienced military sexual trau13 ma includes contact information for each of the following: 

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

15 the Veterans Health Administration. 

16 ‘‘(B) The Veterans Crisis Line. 

17 ‘‘(C) The facility of the Veterans Health Ad18 ministration closest to where the individual resides. 

19 ‘‘(2) The Secretary shall ensure that any written 

20 communication under this section from the Department 

21 to an individual who has experienced military sexual trau22 ma that includes notification of an award of compensation 

23 under chapter 11 of this title relating to military sexual 

24 trauma includes— 


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1 ‘‘(A) the contact information described in para2 graph (1); and 

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

4 sexual trauma coordinator of the Veterans Benefits 

5 Administration. 

6 ‘‘(3) In this subsection: 

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

8 military sexual trauma’ means— 

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

10 compensation under chapter 11 of this title re11 lating to military sexual trauma; 

12 ‘‘(ii) a veteran who has been awarded com13 pensation under such chapter relating to mili14 tary sexual trauma; or 

15 ‘‘(iii) a former member of the Armed 

16 Forces or a veteran who is receiving care from 

17 the Department relating to military sexual trau18 ma. 

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

20 meaning given that term in section 1166A(i) of this 

21 title. 

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

23 toll-free hotline for veterans established under sec24 tion 1720F(h) of this title.’’. 


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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 2023, 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.’’. 

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 

22 been 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 

2 the Johnny Isakson and David P. Roe, M.D. Vet3 erans Health Care and Benefits Improvement Act of 

4 2020 (Public Law 116–315; 134 Stat. 5048), as 

5 added by 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 MEM11 BERS OF THE RESERVE COMPONENTS OF 

12 THE 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 

18 period at the end and inserting ‘‘military sexual 

19 trauma.’’; and 

20 (B) in paragraph (2)(A), by striking ‘‘was 

21 suffered’’ and all that follows through the pe22 riod at the end and inserting ‘‘resulted from 

23 military 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, 

4 active duty for training, or inactive duty training, 

5 and who was discharged or released therefrom under 

6 any condition that is not— 

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

8 ‘‘(B) a discharge subject to a bar to bene9 fits 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, regard16 less of duty status or line of duty determination (as 

17 that 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 

9 disability related to military sexual trauma, the Secretary 

10 of Veterans Affairs shall send a communication to the vet11 eran with the following information: 

12 (1) The contact information for the nearest 

13 military sexual trauma coordinator for the veteran 

14 at the Veterans Benefits Administration and a de15 scription of the assistance such coordinator can pro16 vide. 

17 (2) The contact information for the nearest 

18 military sexual trauma coordinator for the veteran 

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

22 (3) The types of services that individuals who 

23 have experienced military sexual trauma are eligible 

24 to receive from the Department of Veterans Affairs, 

25 including the nearest locations and the contact infor26 mation for such services. 


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1 (4) The contact information for the Veterans 

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

3 title 38, United States Code. 

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

5 resources for military sexual trauma as the Sec6 retary determines appropriate. 

7 (b) DEFINITION OF MILITARY SEXUAL TRAUMA.— 

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

9 meaning given that term in section 1166A(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 

14 TRAUMA. 

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 

22 of Veterans Affairs for the individual is more than 14 

23 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 residential mental health care, 

13 particularly for individuals who have experienced 

14 military sexual trauma. 

15 (3) NOTIFICATION.—Before commencing the 

16 pilot program under subsection (a), the Secretary 

17 shall notify the Committee on Veterans’ Affairs of 

18 the Senate and the Committee on Veterans’ Affairs 

19 of the House of Representatives of the locations se20 lected for the pilot program. 

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

22 of the individual participating in the pilot program under 

23 subsection (a) and the capacity of facilities of the Depart24 ment, the Secretary may provide services under the pilot 


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1 program via telehealth or in person at a facility of the 

2 Department. 

3 (e) PARTICIPATION.— 

4 (1) CLARIFICATION ON PARTICIPATION.—Par5 ticipation by an individual in the pilot program 

6 under subsection (a) shall be during the period in 

7 which the individual is waiting for a residential men8 tal health bed opening and shall not disqualify the 

9 individual from receiving residential mental health 

10 care following their participation in the pilot pro11 gram. 

12 (2) DECISIONS ON PARTICIPATION.—Decisions 

13 about the participation of an individual in the pilot 

14 program and the transition of the individual to resi15 dential mental health care shall be made by the indi16 vidual and their health care provider. 

17 (f) REPORT.—Not later than 180 days after the con18 clusion of the pilot program under subsection (a), the Sec19 retary shall submit to Congress a report on— 

20 (1) participation in the pilot program; 

21 (2) clinical outcomes under the pilot program; 

22 and 

23 (3) such recommendations for continuation or 

24 termination of the program as the Secretary may 


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1 have, including recommendations for legislative or 

2 administrative action. 

3 (g) DEFINITION OF MILITARY SEXUAL TRAUMA.— 

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

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

6 United States Code, as added by section 301. 

7 SEC. 304. COMPTROLLER GENERAL STUDY ON ACCESS TO 

8 CARE FROM DEPARTMENT OF VETERANS AF9 FAIRS FOR INDIVIDUALS WHO HAVE EXPERI10 ENCED MILITARY SEXUAL TRAUMA. 

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

12 United States shall conduct a study on access to mental 

13 health care at facilities of the Department of Veterans Af14 fairs for individuals who have experienced military sexual 

15 trauma. 

16 (b) ELEMENTS.—The study conducted under sub17 section (a) shall include an assessment of the following: 

18 (1) The availability of residential and out19 patient services, including wait times and geographic 

20 disparities for such services, to include— 

21 (A) an assessment of the availability of bed 

22 spaces in the mental health residential rehabili23 tation treatment programs of the Department 

24 of Veterans Affairs for individuals who have ex25 perienced military sexual trauma, including an 


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1 assessment of the suitability of those programs 

2 for such individuals and the wait times for serv3 ices under those programs; 

4 (B) an assessment of geographic dispari5 ties in access to those programs for individuals 

6 who have experienced military sexual trauma, 

7 including by region and by rural and urban 

8 areas; 

9 (C) an assessment of alternative care op10 tions provided when an individual who has ex11 perienced military sexual trauma is waiting for 

12 residential care, the efficacy of those alter13 natives, and the satisfaction of patients with 

14 those alternatives; 

15 (D) recommendations for reducing the av16 erage wait time for services under those pro17 grams to 14 days or less, including by increas18 ing bed space or addressing staffing needs; and 

19 (E) an assessment of the satisfaction of 

20 patients with the tracks of those programs spe21 cific to military sexual trauma, an assessment 

22 of the wait times for services under those 

23 tracks, and recommendations for increasing or 

24 changing the number of locations for services 

25 under those tracks to better meet the needs of 


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1 individuals who have experienced military sex2 ual trauma. 

3 (2) The communication and advertisement by 

4 the Department of the care, services, and resources 

5 available for individuals who have experienced mili6 tary sexual trauma. 

7 (3) The barriers to accessing health care related 

8 to military sexual trauma at a facility of the Depart9 ment for individuals who have experienced military 

10 sexual trauma, including transportation, child care, 

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

12 (4) The extent to which the Secretary has as13 sessed the quality of the training provided to pro14 viders of the Department on military sexual trauma 

15 and made any adjustments in response to such as16 sessment. 

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

18 individuals who have experienced military sexual 

19 trauma, including current and former members of 

20 the Armed Forces. 

21 (6) Any current actions by the Secretary to 

22 strengthen access to high-quality care for individuals 

23 who have experienced military sexual trauma and 

24 such recommendations for improving access to care 


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1 for such individuals as the Comptroller General con2 siders appropriate. 

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

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

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

6 conducted under subsection (a). 

7 (d) DEFINITIONS.—In this section: 

8 (1) MILITARY SEXUAL TRAUMA.—The term 

9 ‘‘military sexual trauma’’ has the meaning given 

10 that term in section 1720D(f) of title 38, United 

11 States Code, as added by section 301. 

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

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

14 title 38, United States Code. 

Æ 


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