[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2441 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2441
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
March 30, 2023
Ms. Pingree introduced the following bill; which was referred to the
Committee on Veterans' Affairs, and in addition to the Committee on
Armed Services, for a period to be subsequently determined by the
Speaker, in each case for consideration 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 Affairs for military sexual
trauma, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Servicemembers and
Veterans Empowerment and Support Act of 2023''.
(b) Table of Contents.--The table of contents for 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. 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.
TITLE I--DEFINING MILITARY SEXUAL TRAUMA
SEC. 101. REPORT ON MILITARY SEXUAL TRAUMA IN THE DIGITAL AGE.
(a) Report Required.--Not later than one year after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committee on Veterans' Affairs of the Senate and the Committee
on Veterans' Affairs of the House of Representatives a report on
military sexual trauma in the digital age.
(b) Requirements.--The report required under subsection (a) shall
include the following:
(1) A comprehensive evaluation and assessment of current
Department of Veterans Affairs statutes, regulations, and
agency guidance relating to military sexual trauma for the
purposes of access to health care under chapter 17 of title 38,
United States Code, and compensation under chapter 11 of such
title to identify--
(A) gaps in coverage for health care and
compensation eligibility relating to military sexual
trauma involving online or other technological
communications; and
(B) the feasibility and advisability of expanding
health care and compensation for trauma that is
nonsexual in nature involving online or other
technological communications.
(2) Recommendations for revising statutes, regulations, and
agency guidance in response to the evaluation and assessment
under paragraph (1).
(c) Consultation.--In carrying out subsection (a), the Secretary of
Veterans Affairs shall consult veterans service organizations and such
other stakeholders as the Secretary considers relevant and appropriate.
(d) Military Sexual Trauma Defined.--In this section, the term
``military sexual trauma''--
(1) with respect to eligibility for health care, has the
meaning given such term in section 1720D(f) of title 38, United
States Code, as added by section 301; and
(2) with respect to eligibility for compensation, has the
meaning given such term in section 1169(i) of title 38, United
States Code, as added by section 203(a).
TITLE II--DISABILITY COMPENSATION AND CLAIMS PROCESSING
SEC. 201. DEFINITION OF MILITARY SEXUAL TRAUMA.
In this title, the term ``military sexual trauma'' has the meaning
given such term in section 1169(i) of title 38, United States Code, as
added by section 203(a).
SEC. 202. CONFORMING CHANGES RELATING TO SPECIALIZED TEAMS TO EVALUATE
CLAIMS INVOLVING MILITARY SEXUAL TRAUMA.
Subsection (d) of section 1166 of title 38, United States Code, is
amended to read as follows:
``(a) Definitions.--In this section, the terms `covered mental
health condition' and `military sexual trauma' have the meanings given
those terms in section 1169(i) of this title.''.
SEC. 203. EVALUATION OF CLAIMS INVOLVING MILITARY SEXUAL TRAUMA.
(a) In General.--Subchapter VI of chapter 11 of such title is
amended by inserting after section 1166 the following new section:
``Sec. 1166A. Evaluation of claims involving military sexual trauma
``(a) In General.--(1) In the case of any veteran who claims that a
covered mental health condition based on military sexual trauma was
incurred in or aggravated by active military, naval, air, or space
service, the Secretary shall consider the following:
``(A) A diagnosis of such mental health condition by a
mental health professional.
``(B) A link, established by medical evidence, between
current symptoms and a military sexual trauma.
``(C) Credible supporting evidence, in accordance with
subsections (b) and (c) that the claimed military sexual trauma
occurred.
``(2) The reasons for granting or denying service-connection in
each case described in paragraph (1) shall be recorded in full.
``(b) Nonmilitary Sources of Evidence.--(1) For purposes of
subsection (a), evidence from sources other than official records of
the Department of Defense regarding the veteran's active military,
naval, air, or space service may corroborate the veteran's account of
the trauma.
``(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, roommates, other
members of the Armed Forces or veterans, and clergy.
``(c) Evidence of Behavior Changes.--(1) For purposes of subsection
(a), evidence of a behavior change following military sexual trauma is
one type of relevant evidence that may be found in sources described in
such subsection.
``(2) Examples of behavior changes that may be relevant evidence of
military sexual trauma include the following:
``(A) A request for a transfer to another military duty
assignment.
``(B) Deterioration in work performance.
``(C) Substance abuse or substance use disorder.
``(D) Episodes of depression, panic attacks, or anxiety
without an identifiable cause.
``(E) Unexplained economic or social behavior changes.
``(d) Notice and Opportunity To Supply Evidence.--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 described in
subsections (b) and (c) may constitute credible corroborating
evidence of the military sexual trauma; and
``(2) allowing the veteran an opportunity to furnish such
corroborating evidence or advise the Secretary of potential
sources of such evidence.
``(e) Review of Evidence.--In reviewing a claim for compensation
described in subsection (a)(1), for any evidence identified as part of
such claim that is described in subsection (b) or (c), the Secretary
shall submit such evidence to such medical or mental health
professional as the Secretary considers appropriate, including clinical
and counseling experts employed by the Department, to obtain an opinion
as to whether the evidence indicates that a military sexual trauma
occurred.
``(f) Point of Contact.--The Secretary shall ensure that each
document provided to a veteran relating to a claim for compensation
described in subsection (a)(1) includes contact information for an
appropriate point of contact with the Department.
``(g) Specialized Teams.--The Secretary shall ensure that all
claims for compensation described in subsection (a)(1) are reviewed and
processed by a specialized team established under section 1166 of this
title.
``(h) Rule of Construction Regarding Application to Nonsexual
Personal Assault.--The Secretary shall not construe this section as
supplanting the standard of proof or evidence required for claims for
posttraumatic stress disorder based on nonsexual personal assault,
which the Secretary shall continue to define in regulation.
``(i) Definitions.--In this section:
``(1) The term `covered mental health condition' means
post-traumatic stress disorder, anxiety, depression, or other
mental health diagnosis that the Secretary determines to be
related to military sexual trauma and which may be service-
connected under section 1110 of this title.
``(2) The term `mental health professional' means a
provider in the field of mental health who meets the
credential, licensure, education, and training requirements
established by the Secretary.
``(3) The term `military sexual trauma' means, with respect
to a veteran, a physical assault of a sexual nature, battery of
a sexual nature, or sexual harassment that occurred while the
veteran was serving in the active military, naval, air, or
space service.''.
(b) Outreach.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
implement, with input from the veteran community, an informative
outreach program for veterans regarding the standard of proof for
evaluation of claims relating to military sexual trauma, including
requirements for a medical examination and opinion.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1166 the following new item:
``1166A. 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.
(a) In General.--Section 1165 of title 38, United States Code, is
amended--
(1) in the section heading, by inserting ``and location of
medical examination'' after ``examiner'';
(2) in subsection (a), by striking ``a physical assault of
a sexual nature, battery of a sexual nature, or sexual
harassment'' and inserting ``military sexual trauma (as defined
in section 1166A(i) of this title)'';
(3) by redesignating subsection (c) as subsection (d); and
(4) by inserting after subsection (b) the following new
subsection (c):
``(c) Choice of Examination Location.--(1) The Secretary shall
ensure that a veteran who requires a medical examination in support of
a claim described in subsection (a) may request that the medical
examination take place at a medical facility of the Department by a
qualified employee of the Department rather than at a location
designated by a Department contractor that performs such examinations
on behalf of the Department.
``(2) The Secretary--
``(A) shall grant any request under paragraph (1) if a
medical facility of the Department is available not further
than 100 miles from the veteran's home; and
``(B) may not issue a decision on a claim described in such
paragraph before the requested examination is completed, or
notice is provided per paragraph (c)(3).
``(3) If a medical facility of the Department is not available
within 100 miles of the veteran's home, the Secretary shall notify the
veteran and provide the veteran the opportunity--
``(A) to have the examination completed by a contractor of
the Department; or
``(B) to complete the examination at a medical facility
further than 100 miles from the veteran's home.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 11 of such title is amended by striking the item relating to
section 1165 and inserting the following new item:
``1165. Choice of sex of medical examiner and location of medical
examination for certain disabilities.''.
SEC. 205. COMMUNICATIONS FROM THE DEPARTMENT OF VETERANS AFFAIRS TO
INDIVIDUALS WHO HAVE EXPERIENCED MILITARY SEXUAL TRAUMA.
(a) Review Board.--
(1) In general.--The Secretary of Veterans Affairs shall
establish a board to review correspondence relating to military
sexual trauma.
(2) Membership.--The board established under paragraph (1)
shall be composed of members who shall be appointed by the
Secretary from among employees of the Department of Veterans
Affairs who are experts in military sexual trauma and mental
health, of whom--
(A) one or more shall be appointed from among
mental health providers of the Veterans Health
Administration;
(B) one or more shall be appointed from among
experts on sexual assault and sexual harassment of the
Veterans Benefits Administration; and
(C) one or more shall be appointed from among
experts on sexual assault and sexual harassment of the
Board of Veterans' Appeals.
(3) Duties.--The board established under paragraph (1)
shall--
(A) review standard correspondence, which may
include templates for notices under sections 5103,
5104, 5104B, and 7104 of title 38, United States Code,
from the Department to individuals who have experienced
military sexual trauma for sensitivity; and
(B) ensure that the correspondence--
(i) treats such individuals with dignity
and respect; and
(ii) does not re-traumatize such
individuals.
(4) Individual who has experienced military sexual trauma
defined.--In this subsection, the term ``individual who has
experienced military sexual trauma'' means--
(A) a veteran who has filed a claim for
compensation under chapter 11 of title 38, United
States Code, relating to military sexual trauma;
(B) a veteran who has been awarded compensation
under such chapter relating to military sexual trauma;
or
(C) a former member of the Armed Forces or a
veteran who is receiving care from the Department
relating to military sexual trauma.
(b) Contents of Certain Written Communications to Individuals Who
Have Experienced Military Sexual Trauma.--
(1) Notice to claimants of required information and
evidence.--Section 5103 of title 38, United States Code, is
amended by adding at the end the following new subsection:
``(c) Written Communications to Individuals Who Have Experienced
Military Sexual Trauma.--(1) The Secretary shall ensure that any
written communication under this section from the Department to an
individual who has experienced military sexual trauma includes contact
information for each of the following:
``(A) The military sexual trauma coordinator of the
Veterans Benefits Administration.
``(B) The military sexual trauma coordinator of the
Veterans Health Administration.
``(C) The Veterans Crisis Line.
``(D) The facility of the Veterans Health Administration
closest to where the individual resides.
``(2) In this subsection:
``(A) The term `individual who has experienced military
sexual trauma' means--
``(i) a veteran who has filed a claim for
compensation under chapter 11 of this title relating to
military sexual trauma;
``(ii) a veteran who has been awarded compensation
under such chapter relating to military sexual trauma;
or
``(iii) a former member of the Armed Forces or a
veteran who is receiving care from the Department
relating to military sexual trauma.
``(B) The term `military sexual trauma' has the meaning
given that term in section 1166A(i) of this title.
``(C) The term `Veterans Crisis Line' means the toll-free
hotline for veterans established under section 1720F(h) of this
title.''.
(2) Decisions and notices of decisions.--Section 5104 of
title 38, United States Code, is amended by adding at the end
the following new subsection:
``(e)(1) The Secretary shall ensure that any written communication
under this section from the Department to an individual who has
experienced military sexual trauma includes contact information for
each of the following:
``(A) The military sexual trauma coordinator of the
Veterans Health Administration.
``(B) The Veterans Crisis Line.
``(C) The facility of the Veterans Health Administration
closest to where the individual resides.
``(2) The Secretary shall ensure that any written communication
under this section from the Department to an individual who has
experienced military sexual trauma that includes notification of an
award of compensation under chapter 11 of this title relating to
military sexual trauma includes--
``(A) the contact information described in paragraph (1);
and
``(B) the contact information for the military sexual
trauma coordinator of the Veterans Benefits Administration.
``(3) In this subsection:
``(A) The term `individual who has experienced military
sexual trauma' means--
``(i) a veteran who has filed a claim for
compensation under chapter 11 of this title relating to
military sexual trauma;
``(ii) a veteran who has been awarded compensation
under such chapter relating to military sexual trauma;
or
``(iii) a former member of the Armed Forces or a
veteran who is receiving care from the Department
relating to military sexual trauma.
``(B) The term `military sexual trauma' has the meaning
given that term in section 1166A(i) of this title.
``(C) The term `Veterans Crisis Line' means the toll-free
hotline for veterans established under section 1720F(h) of this
title.''.
(3) Higher-level review by the agency of original
jurisdiction.--Section 5104B of title 38, United States Code,
is amended by adding at the end the following new subsection:
``(f) Written Communications to Individuals Who Have Experienced
Military Sexual Trauma.--(1) The Secretary shall ensure that any
written communication under this section from the Department to an
individual who has experienced military sexual trauma includes contact
information for each of the following:
``(A) The military sexual trauma coordinator of the
Veterans Health Administration.
``(B) The Veterans Crisis Line.
``(C) The facility of the Veterans Health Administration
closest to where the individual resides.
``(2) The Secretary shall ensure that any written communication
under this section from the Department to an individual who has
experienced military sexual trauma that includes notification of an
award of compensation under chapter 11 of this title relating to
military sexual trauma includes--
``(A) the contact information described in paragraph (1);
and
``(B) the contact information for the military sexual
trauma coordinator of the Veterans Benefits Administration.
``(3) In this subsection:
``(A) The term `individual who has experienced military
sexual trauma' means--
``(i) a veteran who has filed a claim for
compensation under chapter 11 of this title relating to
military sexual trauma;
``(ii) a veteran who has been awarded compensation
under such chapter relating to military sexual trauma;
or
``(iii) a former member of the Armed Forces or a
veteran who is receiving care from the Department
relating to military sexual trauma.
``(B) The term `military sexual trauma' has the meaning
given that term in section 1166A(i) of this title.
``(C) The term `Veterans Crisis Line' means the toll-free
hotline for veterans established under section 1720F(h) of this
title.''.
(4) Board of veterans' appeals.--Section 7104 of title 38,
United States Code, is amended by adding at the end the
following new subsection:
``(g)(1) The Secretary shall ensure that any written communication
under this section from the Department to an individual who has
experienced military sexual trauma includes contact information for
each of the following:
``(A) The military sexual trauma coordinator of the
Veterans Health Administration.
``(B) The Veterans Crisis Line.
``(C) The facility of the Veterans Health Administration
closest to where the individual resides.
``(2) The Secretary shall ensure that any written communication
under this section from the Department to an individual who has
experienced military sexual trauma that includes notification of an
award of compensation under chapter 11 of this title relating to
military sexual trauma includes--
``(A) the contact information described in paragraph (1);
and
``(B) the contact information for the military sexual
trauma coordinator of the Veterans Benefits Administration.
``(3) In this subsection:
``(A) The term `individual who has experienced military
sexual trauma' means--
``(i) a veteran who has filed a claim for
compensation under chapter 11 of this title relating to
military sexual trauma;
``(ii) a veteran who has been awarded compensation
under such chapter relating to military sexual trauma;
or
``(iii) a former member of the Armed Forces or a
veteran who is receiving care from the Department
relating to military sexual trauma.
``(B) The term `military sexual trauma' has the meaning
given that term in section 1166A(i) of this title.
``(C) The term `Veterans Crisis Line' means the toll-free
hotline for veterans established under section 1720F(h) of this
title.''.
SEC. 206. STUDY ON TRAINING AND PROCESSING RELATING TO CLAIMS FOR
DISABILITY COMPENSATION RELATING TO MILITARY SEXUAL
TRAUMA.
(a) Study Required.--The Secretary of Veterans Affairs shall
conduct a study on--
(1) the quality of training provided to personnel of the
Department of Veterans Affairs who review claims for disability
compensation under chapter 11 of title 38, United States Code,
for disabilities relating to military sexual trauma; and
(2) the quality of the procedures of the Department for
reviewing the accuracy of the processing of such claims.
(b) Elements.--The study required by subsection (a) shall include
the following:
(1) With respect to the quality of training described in
paragraph (1) of such subsection:
(A) Whether the Department ensures personnel
complete such training on time.
(B) Whether the training has resulted in
improvements to the processing of claims described in
such subsection and issue-based accuracy.
(C) Such recommendations as the Secretary of
Veterans Affairs may have for improving the training.
(2) With respect to the quality of procedures described in
paragraph (2) of such subsection:
(A) Whether the procedures of the Department for
reviewing the accuracy of the processing of claims
described in such subsection comport with generally
accepted statistical methodologies to ensure reasonable
accuracy of such reviews.
(B) Whether such procedures adequately include
mechanisms to correct errors found in such reviews.
(C) Such recommendations as the Secretary may have
for improving such procedures.
(c) Report Required.--Not later than one year after the date of the
enactment of this Act, the Secretary shall submit to the Committee on
Veterans' Affairs of the Senate and the Committee on Veterans' Affairs
of the House of Representatives a report detailing the findings of the
Secretary with respect to the study conducted under subsection (a).
SEC. 207. ANNUAL SPECIAL FOCUS REVIEW OF CLAIMS FOR DISABILITY
COMPENSATION FOR DISABILITIES RELATING TO MILITARY SEXUAL
TRAUMA.
(a) Annual Special Focus Review.--
(1) In general.--Each year, the Under Secretary for
Benefits of the Department of Veterans Affairs shall conduct a
special focus review on the accuracy of the processing of
claims for disability compensation under chapter 11 of title
38, United States Code, for disabilities relating to military
sexual trauma.
(2) Elements.--Each review conducted under paragraph (1)
shall include a review of the following:
(A) A statistically significant, nationally
representative sample of all claims for benefits under
the laws administered by the Secretary of Veterans
Affairs relating to military sexual trauma filed during
the fiscal year preceding the fiscal year in which the
report is submitted.
(B) The accuracy of each decision made with respect
to each claim described in subparagraph (A).
(C) The types of benefit entitlement errors found,
disaggregated by category.
(D) Trends from year to year.
(E) Training completion rates for personnel of the
Department who process claims described in paragraph
(1).
(b) Reprocessing of Claims.--If the Under Secretary finds, pursuant
to a special focus review conducted under subsection (a)(1), that an
error was made with respect to the entitlement of a veteran to a
benefit under the laws administered by the Secretary, the Secretary
shall return the relevant claim of the veteran to the appropriate
regional office of the Department for reprocessing to ensure that the
veteran receives an accurate decision with respect to the claim.
(c) Re-Reviewing of Claims.--If the Under Secretary finds, pursuant
to a special focus review conducted under paragraph (1) of subsection
(a), that the accuracy rate, under paragraph (2)(B) of such subsection,
is less than 90 percent, the Secretary shall conduct a review of each
claim for benefits under the laws administered by the Secretary of
Veterans Affairs relating to military sexual trauma filed during the
fiscal year preceding the fiscal year in which the report is submitted.
(d) Report.--Section 5501(b)(2) of the Johnny Isakson and David P.
Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020
(Public Law 116-315; 134 Stat. 5048) is amended by adding at the end
the following new subparagraph:
``(I) The findings of the most recent special focus
review conducted under subsection (a)(1) of section 207
of the Servicemembers and Veterans Empowerment and
Support Act of 2023, including--
``(i) the elements under subsection (a)(2)
of such section;
``(ii) the number of claims returned for
reprocessing under subsection (b) of such
section; and
``(iii) the number of claims described in
clause (ii) for which the decision relating to
service-connection or entitlement to
compensation changed as a result of
reprocessing the claim.''.
(e) Sunset.--On the date that the Under Secretary determines,
pursuant to special focus reviews conducted under paragraph (1) of
subsection (a), that the accuracy rates under paragraph (2)(B) of such
subsection have been 95 percent or greater for five consecutive years--
(1) subsection (a)(1) shall cease to be in effect; and
(2) subparagraph (I) of section 5501(b)(2) of the Johnny
Isakson and David P. Roe, M.D. Veterans Health Care and
Benefits Improvement Act of 2020 (Public Law 116-315; 134 Stat.
5048), as added by subsection (d), is repealed.
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.
Section 1720D of title 38, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``a physical
assault'' and all that follows through the period at
the end and inserting ``military sexual trauma.''; and
(B) in paragraph (2)(A), by striking ``was
suffered'' and all that follows through the period at
the end and inserting ``resulted from military sexual
trauma.''; and
(2) by striking subsections (f) and (g) and inserting the
following new subsection (f):
``(f) In this section:
``(1) The term `former member of the Armed Forces' means a
person who served on active duty, active duty for training, or
inactive duty training, and who was discharged or released
therefrom under any condition that is not--
``(A) a discharge by court-martial; or
``(B) a discharge subject to a bar to benefits
under section 5303 of this title.
``(2) The term `military sexual trauma' means, with respect
to a member of the Armed Forces or former member of the Armed
Forces, a physical assault of a sexual nature, battery of a
sexual nature, or sexual harassment which occurred while the
member or former member was serving on duty, regardless of duty
status or line of duty determination (as that term is used in
section 12323 of title 10).
``(3) The term `sexual harassment' means unsolicited verbal
or physical contact of a sexual nature which is threatening in
character.''.
SEC. 302. CONNECTION TO VETERANS HEALTH ADMINISTRATION WHEN A
DISABILITY CLAIM RELATED TO MILITARY SEXUAL TRAUMA IS
SUBMITTED TO VETERANS BENEFITS ADMINISTRATION.
(a) In General.--Not later than 14 days after the date on which a
veteran submits a claim for disability compensation to the Veterans
Benefits Administration for a disability related to military sexual
trauma, the Secretary of Veterans Affairs shall send a communication to
the veteran with the following information:
(1) The contact information for the nearest military sexual
trauma coordinator for the veteran at the Veterans Benefits
Administration and a description of the assistance such
coordinator can provide.
(2) The contact information for the nearest military sexual
trauma coordinator for the veteran at the Veterans Health
Administration and a description of the assistance such
coordinator can provide.
(3) The types of services that individuals who have
experienced military sexual trauma are eligible to receive from
the Department of Veterans Affairs, including the nearest
locations and the contact information for such services.
(4) The contact information for the Veterans Crisis Line
established under section 1720F(h) of title 38, United States
Code.
(5) Such other information on services, care, or resources
for military sexual trauma as the Secretary determines
appropriate.
(b) Definition of Military Sexual Trauma.--In this section, the
term ``military sexual trauma'' has the meaning given that term in
section 1166A(i) of title 38, United States Code, as added by section
203(a).
SEC. 303. PILOT PROGRAM FOR INTERIM ACCESS TO MENTAL HEALTH CARE FOR
INDIVIDUALS WHO HAVE EXPERIENCED MILITARY SEXUAL TRAUMA.
(a) In General.--Commencing not later than one year after the date
of the enactment of this Act, the Secretary of Veterans Affairs shall
carry out a pilot program to provide intensive outpatient mental health
care to current and former members of the Armed Forces who have
experienced military sexual trauma when the wait times for residential
mental health care from the Department of Veterans Affairs for the
individual is more than 14 days.
(b) Duration.--The Secretary shall carry out the pilot program
under subsection (a) for a three-year period beginning on the
commencement of the pilot program.
(c) Locations.--
(1) In general.--The Secretary shall carry out the pilot
program under subsection (a) at not fewer than four Veterans
Integrated Service Networks of the Department.
(2) Selection of locations.--In selecting locations for the
pilot program under subsection (a), the Secretary shall select
locations that have the longest wait times for residential
mental health care, particularly for individuals who have
experienced military sexual trauma.
(3) Notification.--Before commencing the pilot program
under subsection (a), the Secretary shall notify the Committee
on Veterans' Affairs of the Senate and the Committee on
Veterans' Affairs of the House of Representatives of the
locations selected for the pilot program.
(d) Types of Services.--Subject to the preference of the individual
participating in the pilot program under subsection (a) and the
capacity of facilities of the Department, the Secretary may provide
services under the pilot program via telehealth or in person at a
facility of the Department.
(e) Participation.--
(1) Clarification on participation.--Participation by an
individual in the pilot program under subsection (a) shall be
during the period in which the individual is waiting for a
residential mental health bed opening and shall not disqualify
the individual from receiving residential mental health care
following their participation in the pilot program.
(2) Decisions on participation.--Decisions about the
participation of an individual in the pilot program and the
transition of the individual to residential mental health care
shall be made by the individual and their health care provider.
(f) Report.--Not later than 180 days after the conclusion of the
pilot program under subsection (a), the Secretary shall submit to
Congress a report on--
(1) participation in the pilot program;
(2) clinical outcomes under the pilot program; and
(3) such recommendations for continuation or termination of
the program as the Secretary may have, including
recommendations for legislative or administrative action.
(g) Definition of Military Sexual Trauma.--In this section, the
term ``military sexual trauma'' has the meaning given that term in
section 1720D(f) of title 38, United States Code, as added by section
301.
SEC. 304. COMPTROLLER GENERAL STUDY ON ACCESS TO CARE FROM DEPARTMENT
OF VETERANS AFFAIRS FOR INDIVIDUALS WHO HAVE EXPERIENCED
MILITARY SEXUAL TRAUMA.
(a) In General.--The Comptroller General of the United States shall
conduct a study on access to mental health care at facilities of the
Department of Veterans Affairs for individuals who have experienced
military sexual trauma.
(b) Elements.--The study conducted under subsection (a) shall
include an assessment of the following:
(1) The availability of residential and outpatient
services, including wait times and geographic disparities for
such services, to include--
(A) an assessment of the availability of bed spaces
in the mental health residential rehabilitation
treatment programs of the Department of Veterans
Affairs for individuals who have experienced military
sexual trauma, including an assessment of the
suitability of those programs for such individuals and
the wait times for services under those programs;
(B) an assessment of geographic disparities in
access to those programs for individuals who have
experienced military sexual trauma, including by region
and by rural and urban areas;
(C) an assessment of alternative care options
provided when an individual who has experienced
military sexual trauma is waiting for residential care,
the efficacy of those alternatives, and the
satisfaction of patients with those alternatives;
(D) recommendations for reducing the average wait
time for services under those programs to 14 days or
less, including by increasing bed space or addressing
staffing needs; and
(E) an assessment of the satisfaction of patients
with the tracks of those programs specific to military
sexual trauma, an assessment of the wait times for
services under those tracks, and recommendations for
increasing or changing the number of locations for
services under those tracks to better meet the needs of
individuals who have experienced military sexual
trauma.
(2) The communication and advertisement by the Department
of the care, services, and resources available for individuals
who have experienced military sexual trauma.
(3) The barriers to accessing health care related to
military sexual trauma at a facility of the Department for
individuals who have experienced military sexual trauma,
including transportation, child care, lack of telehealth,
gender-specific barriers, and more.
(4) The extent to which the Secretary has assessed the
quality of the training provided to providers of the Department
on military sexual trauma and made any adjustments in response
to such assessment.
(5) The role of Vet Centers in providing care to
individuals who have experienced military sexual trauma,
including current and former members of the Armed Forces.
(6) Any current actions by the Secretary to strengthen
access to high-quality care for individuals who have
experienced military sexual trauma and such recommendations for
improving access to care for such individuals as the
Comptroller General considers appropriate.
(c) Report.--Not later than two years after the date of the
enactment of this Act, the Comptroller General shall submit to Congress
a report on the findings of the study conducted under subsection (a).
(d) Definitions.--In this section:
(1) Military sexual trauma.--The term ``military sexual
trauma'' has the meaning given that term in section 1720D(f) of
title 38, United States Code, as added by section 301.
(2) Vet center.--The term ``Vet Center'' has the meaning
given that term in section 1712A(h) of title 38, United States
Code.
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