I 
116TH CONGRESS 
1ST SESSION H. R. 1092 
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 HOUSE OF REPRESENTATIVES 
FEBRUARY 7, 2019 
Ms. PINGREE (for herself, Ms. BROWNLEY of California, Mrs. DINGELL, Ms. 
KUSTER of New Hampshire, Ms. MOORE, Mr. RUSH, Ms. NORTON, Ms. 
DELBENE, Mr. GRIJALVA, Ms. LOFGREN, and Mr. SABLAN) introduced 
the following bill; which was referred to the Committee on Veterans’ Af-
fairs, and in addition to the Committee on Armed Services, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To amend title 38, United States Code, to expand health 
care and benefits from the Department of Veterans Af-
fairs for military sexual trauma, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Servicemembers and 
Veterans Empowerment and Support Act of 2019’’. 
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SEC. 2. TECHNOLOGICAL ABUSE DEFINED. 
Section 101 of title 38, United States Code, is 
amended by adding at the end the following new para-
graph: 
‘‘(37) The term ‘technological abuse’ means be-
havior intended to harm, threaten, intimidate, con-
trol, stalk, harass, impersonate, or monitor another 
person, except as otherwise permitted by law, that 
occurs via the Internet, social networking sites, com-
puters, mobile devices, cellular telephones, apps, lo-
cation tracking devices, instant messages, text mes-
sages, or other forms of technology. Technological 
abuse may include— 
‘‘(A) unwanted, repeated telephone calls, 
text messages, instant messages, or social 
media posts; 
‘‘(B) non-consensual access of e-mail ac-
counts, texts or instant messaging accounts, so-
cial networking accounts, or cellular telephone 
logs; 
‘‘(C) attempting to control or restrict a 
person’s ability to access technology with the in-
tent to isolate them from support and social 
connection; 
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‘‘(D) using tracking devices or location 
tracking software for the purpose of monitoring 
or stalking another person’s location; 
‘‘(E) impersonation of a person with the 
intent to deceive or cause harm through the use 
of spoofing technology or the creation of fake 
email or social media accounts; or 
‘‘(F) pressuring for or sharing of another 
person’s private information, photographs, or 
videos without their consent.’’. 
SEC. 3. EXPANSION OF COVERAGE BY THE DEPARTMENT 
OF VETERANS AFFAIRS OF COUNSELING AND 
TREATMENT FOR SEXUAL TRAUMA TO IN-
CLUDE TECHNOLOGICAL ABUSE OF A SEX-
UAL NATURE. 
Section 1720D(a)(1) of title 38, United States Code, 
is amended by inserting ‘‘technological abuse of a sexual 
nature,’’ after ‘‘battery of a sexual nature,’’. 
SEC. 4. STANDARD OF PROOF FOR SERVICE-CONNECTION 
OF MENTAL HEALTH CONDITIONS RELATED 
TO MILITARY SEXUAL TRAUMA. 
(a) STANDARD OF PROOF.—Section 1154 of title 38, 
United States Code, is amended by adding at the end the 
following new subsection: 
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‘‘(c)(1) In the case of any veteran who claims that 
a covered mental health condition was incurred in or ag-
gravated by military sexual trauma during active military, 
naval, or air service, the Secretary shall accept as suffi-
cient proof of service-connection a diagnosis of such men-
tal health condition by a mental health professional to-
gether with satisfactory lay or other evidence of such trau-
ma and an opinion by the mental health professional that 
such covered mental health condition is related to such 
military sexual trauma, if consistent with the facts of such 
service, notwithstanding the fact that there is no official 
record of such incurrence or aggravation in such service, 
and, to that end, shall resolve every reasonable doubt in 
favor of the veteran. Service-connection of such covered 
mental health condition may be rebutted by clear and con-
vincing evidence to the contrary. The reasons for granting 
or denying service-connection in each case shall be re-
corded in full. 
‘‘(2) In this subsection: 
‘‘(A) The term ‘covered mental health condi-
tion’ means post-traumatic stress disorder, anxiety, 
depression, or other mental health diagnosis de-
scribed in the current version of the Diagnostic and 
Statistical Manual of Mental Disorders published by 
the American Psychiatric Association that the Sec-
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retary determines to be related to military sexual 
trauma. 
‘‘(B) The term ‘military sexual trauma’ means, 
with respect to a veteran, a physical assault of a sex-
ual nature, battery of a sexual nature, technological 
abuse of a sexual nature, or sexual harassment in 
line of duty.’’. 
(b) USE OF EVIDENCE IN EVALUATING DISABILITY 
CLAIMS INVOLVING MILITARY SEXUAL TRAUMA.— 
(1) IN GENERAL.—Subchapter VI of chapter 11 
of such title is amended by adding at the end the 
following new section: 
‘‘§ 1164. Evaluation of claims involving military sex-
ual trauma 
‘‘(a) NONMILITARY SOURCES OF EVIDENCE.—(1) In 
carrying out section 1154(c) of this title, the Secretary 
shall ensure that if a claim for compensation under this 
chapter is received by the Secretary for a covered mental 
health condition (as defined in such section) based on mili-
tary sexual trauma experienced by a veteran during active 
military, naval, or air service, evidence from sources other 
than official records of the Department of Defense regard-
ing the veteran’s service may corroborate the veteran’s ac-
count of the assault, battery, or harassment. 
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‘‘(2) Examples of evidence described in paragraph (1) 
include the following: 
‘‘(A) Records from law enforcement authorities, 
rape crisis centers, mental health counseling centers, 
hospitals, and physicians. 
‘‘(B) Pregnancy tests and tests for sexually 
transmitted diseases. 
‘‘(C) Statements from family members, room-
mates, other members of the Armed Forces or vet-
erans, and clergy. 
‘‘(b) BEHAVIOR CHANGES CORROBORATING EVI-
DENCE.—(1) In carrying out section 1154(c) of this title, 
the Secretary shall ensure that evidence of a behavior 
change following military sexual trauma is one type of rel-
evant evidence that may be found in sources described in 
such subsection. 
‘‘(2) Examples of behavior changes that may be rel-
evant evidence of military sexual trauma include the fol-
lowing: 
‘‘(A) A request for a transfer to another mili-
tary duty assignment. 
‘‘(B) Deterioration in work performance. 
‘‘(C) Substance abuse. 
‘‘(D) Episodes of depression, panic attacks, or 
anxiety without an identifiable cause. 
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‘‘(E) Unexplained economic or social behavior 
changes. 
‘‘(c) NOTICE AND OPPORTUNITY TO SUPPLY EVI-
DENCE.—The Secretary may not deny a claim of a veteran 
for compensation under this chapter for a covered mental 
health condition that is based on military sexual trauma 
without first— 
‘‘(1) advising the veteran that evidence de-
scribed in subsections (a) and (b) may constitute 
credible corroborating evidence of the military sexual 
trauma; and 
‘‘(2) allowing the veteran an opportunity to fur-
nish such corroborating evidence or advise the Sec-
retary of potential sources of such evidence. 
‘‘(d) REVIEW OF EVIDENCE.—In reviewing a claim 
for compensation described in subsection (a)(1), for any 
evidence received with such claim that is described in sub-
section (a) or (b), the Secretary may submit such evidence 
to such medical or mental health professional as the Sec-
retary considers appropriate, including clinical and coun-
seling experts employed by the Department, to obtain a 
credible opinion as to whether the evidence indicates that 
military sexual trauma occurred. 
‘‘(e) POINT OF CONTACT.—The Secretary shall en-
sure that each document provided to a veteran relating 
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to a claim for compensation described in subsection (a)(1) 
includes contact information for an appropriate point of 
contact with the Department. 
‘‘(f) SPECIALIZED TEAMS.—(1) The Secretary shall 
establish specialized teams to process claims for com-
pensation described in subsection (a)(1). 
‘‘(2) The Secretary shall ensure that members of 
teams established under paragraph (1) are trained to iden-
tify markers indicating military sexual trauma. 
‘‘(3) In any case in which the Secretary obtains con-
flicting evidence relating to the substantiation of a claim 
for compensation described in subsection (a)(1), the Sec-
retary shall give more credence to the evidence that is 
more beneficial to the claimant. 
‘‘(g) DEFINITIONS.—In this section, the terms ‘cov-
ered mental health condition’ and ‘military sexual trauma’ 
has the meanings given such terms in section 1154(c) of 
this title.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter is amended 
by adding at the end the following new item: 
‘‘1164. Evaluation of claims involving military sexual trauma.’’. 
(c) ANNUAL REPORTS.— 
(1) IN GENERAL.—Subchapter VI of chapter 11 
of title 38, United States Code, as amended by sub-
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section (b), is further amended by adding at the end 
the following new section: 
‘‘§ 1165. Reports on claims for disabilities incurred or 
aggravated by military sexual trauma 
‘‘(a) REPORTS.—Not later than March 1, 2020, and 
not less frequently than once each year thereafter through 
2027, the Secretary shall submit to Congress a report on 
covered claims submitted during the previous fiscal year 
to identify and track the consistency of decisions across 
regional offices. 
‘‘(b) ELEMENTS.—Each report under subsection (a) 
shall include the following: 
‘‘(1) The number of covered claims submitted 
to or considered by the Secretary during the fiscal 
year covered by the report. 
‘‘(2) Of the covered claims listed under para-
graph (1), the number and percentage of such 
claims— 
‘‘(A) submitted by each sex; 
‘‘(B) that were approved, including the 
number and percentage of such approved claims 
submitted by each sex; and 
‘‘(C) that were denied, including the num-
ber and percentage of such denied claims sub-
mitted by each sex. 
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‘‘(3) Of the covered claims listed under para-
graph (1) that were approved, the number and per-
centage, disaggregated by sex, of claims assigned to 
each rating percentage. 
‘‘(4) Of the covered claims listed under para-
graph (1) that were denied— 
‘‘(A) the three most common reasons given 
by the Secretary under section 5104(b)(1) of 
this title for such denials; and 
‘‘(B) the number of denials that were 
based on the failure of a veteran to report for 
a medical examination. 
‘‘(5) The number of covered claims that, as of 
the end of the fiscal year covered by the report, are 
pending and, separately, the number of such claims 
on appeal. 
‘‘(6) For the fiscal year covered by the report, 
the average number of days that covered claims take 
to complete, beginning on the date on which the 
claim is submitted. 
‘‘(7) A description of the training that the Sec-
retary provides to employees of the Veterans Bene-
fits Administration, or such contractors or other in-
dividuals as the Secretary considers appropriate, 
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specifically with respect to covered claims, including 
the frequency, length, and content of such training. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘covered claims’ means claims 
for disability compensation submitted to the Sec-
retary based on a covered mental health condition 
alleged to have been incurred or aggravated by mili-
tary sexual trauma. 
‘‘(2) The terms ‘covered mental health condi-
tion’ and ‘military sexual trauma’ have the meanings 
given such terms in section 1154(c) of this title.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions at the beginning of such chapter, as amended 
by subsection (b), is further amended by adding at 
the end the following new item: 
‘‘1165. Annual reports on claims for disabilities incurred or aggravated by mili-
tary sexual trauma.’’. 
(d) EFFECTIVE DATE.—Subsection (c) of section 
1154 of title 38, United States Code, as added by sub-
section (a), shall apply with respect to any claim for dis-
ability compensation under laws administered by the Sec-
retary of Veterans Affairs for which no final decision has 
been made before the date of the enactment of this Act. 
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SEC. 5. INFORMATION FOR MEMBERS OF THE ARMED 
FORCES REGARDING AVAILABILITY OF SERV-
ICES AT THE DEPARTMENT OF VETERANS AF-
FAIRS. 
(a) IN GENERAL.—The Secretary of Defense shall in-
form members of the Armed Forces, using mechanisms 
available to the Secretary, of the eligibility of such mem-
bers for services at the Department of Veterans Affairs. 
(b) INFORMATION FROM SEXUAL ASSAULT RE-
SPONSE COORDINATORS.—The Secretary shall ensure that 
Sexual Assault Response Coordinators of the Department 
of Defense advise members of the Armed Forces who re-
port instances of military sexual trauma regarding the eli-
gibility of such members for services at the Department 
of Veterans Affairs. 
(c) MILITARY SEXUAL TRAUMA DEFINED.—In this 
section, the term ‘‘military sexual trauma’’ means psycho-
logical trauma described in section 1720D(a)(1) of title 
38, United States Code. 
SEC. 6. SENSE OF CONGRESS ON ACCESS TO DEPARTMENT 
OF VETERANS AFFAIRS FACILITIES BY RE-
SERVISTS FOR COUNSELING AND TREAT-
MENT RELATING TO MILITARY SEXUAL TRAU-
MA. 
(a) IN GENERAL.—It is the sense of Congress that 
members of the reserve components of the Armed Forces, 
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including members of the National Guard, should be able 
to access all health care facilities of the Department of 
Veterans Affairs to receive counseling and treatment relat-
ing to military sexual trauma and not just at Vet Centers. 
(b) DEFINITIONS.—In this section: 
(1) MILITARY
SEXUAL
TRAUMA.—The term 
‘‘military sexual trauma’’ means psychological trau-
ma described in section 1720D(a)(1) of title 38, 
United States Code. 
(2) VET CENTER.—The term ‘‘Vet Center’’ has 
the meaning given that term in section 1712A(h) of 
such title. 
Æ 
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