113 S1581 IS: Survivors of Military Sexual Assault and Domestic Abuse Act of 2013
U.S. Senate
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1.This Act may be cited as the Survivors of Military Sexual Assault and Domestic Abuse Act of 2013
.2.Provision of counseling and
treatment for sexual trauma by the Department of Veterans Affairs to members of
the Armed Forces(a)Expansion of
coverage to members of the Armed ForcesSubsection (a) of section
1720D of title 38, United States Code, is amended—(1)by redesignating
paragraph (2) as paragraph (3);(2)by inserting
after paragraph (1) the following new paragraph (2):(2)(A)In operating the
program required by paragraph (1), the Secretary may, in consultation with the
Secretary of Defense, provide counseling and care and services to members of
the Armed Forces (including members of the National Guard and Reserves) on
active duty to overcome psychological trauma described in that paragraph.(B)A member described in subparagraph
(A) shall not be required to obtain a referral before receiving counseling and
care and services under this paragraph.;
and(3)in paragraph (3),
as redesignated by paragraph (1)—(A)by striking
a veteran
and inserting an individual
; and(B)by striking
that veteran
each place it appears and inserting that
individual
.(b)Information to
members on availability of counseling and servicesSubsection (c)
of such section is amended—(1)by striking
to veterans
each place it appears; and(2)in paragraph (3),
by inserting members of the Armed Forces and
before
individuals
.(c)Inclusion of
members in reports on counseling and servicesSubsection (e) of
such section is amended—(1)in the matter
preceding paragraph (1), by striking to veterans
;(2)in paragraph
(2)—(A)by striking
women veterans
and inserting individuals
;
and(B)by striking
training under subsection (d).
and inserting “training under
subsection (d), disaggregated by—(A)veterans;(B)members of the
Armed Forces (including members of the National Guard and Reserves) on active
duty; and(C)for each of
subparagraphs (A) and (B)—(i)men; and(ii)women.;(3)in paragraph (4),
by striking veterans
and inserting individuals
;
and(4)in paragraph
(5)—(A)by striking
women veterans
and inserting individuals
;
and(B)by inserting
, including specific recommendations for individuals specified in
subparagraphs (A), (B), and (C) of paragraph (2)
before the period at
the end.3.Department of Veterans Affairs screening mechanism to detect incidents of domestic abuse(a)Not later than 540 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall develop and implement a screening mechanism to be used when a veteran seeks healthcare services from the Department of Veterans Affairs to detect if the veteran has been a victim of domestic abuse for purposes of improving the treatment of the veteran and assessing the prevalence of domestic abuse in the veteran population.(b)In this section, the term domestic abuse means behavior with respect to an individual that—(1)constitutes—(A)a pattern of behavior resulting in physical or emotional abuse, economic control, or interference with the personal liberty of that individual;(B)a violation of Federal or State law involving the use, attempted use, or threatened use of force or violence against that individual; or(C)a violation of a lawful order issued for the protection of that individual; and(2)is committed by a person who—(A)is a current or former spouse or domestic partner of that individual;(B)shares a child in common with that individual;(C)is a current or former intimate partner of that individual that shares or has shared a common domicile with that individual;(D)is a caregiver of that individual as defined in section 1720G(d) of title 38, United States Code; or(E)is in any other type of relationship with that individual that the Secretary may specify for purposes of this section.4.Reports on military sexual trauma and domestic abuse(a)Report on services available for military sexual trauma in the Department of Veterans AffairsNot 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 the treatment and services available from the Department of Veterans Affairs for male veterans who experience military sexual trauma compared to such treatment and services available to female veterans who experience military sexual trauma.(b)Report on domestic abuse among veteransThe Secretary shall include with the report submitted under subsection (a) a report on domestic abuse among veterans that includes the following:(1)A summary of the types, outcomes, and circumstances of incidents of domestic abuse that have been reported by veterans during the two-year period preceding the submission of the report.(2)A summary of the treatments available from the Department for veterans who experience domestic abuse and an assessment of the effectiveness of those treatments.(3)Whether an incident of military sexual trauma or sexual trauma experienced after the age of 18 may increase the risk of domestic abuse.(4)Any other issues that the Secretary determines appropriate.(c)Reports on transition of military sexual trauma and domestic abuse treatment from Department of Defense to Department of Veterans AffairsNot later than one year after the date of the enactment of this Act, and annually thereafter for five years, the Department of Veterans Affairs-Department of Defense Joint Executive Committee established by section 320(a) of title 38, United States Code, shall submit to the appropriate committees of Congress a report on military sexual trauma and domestic abuse that includes the following:(1)The processes and procedures utilized by the Department of Veterans Affairs and the Department of Defense to facilitate transition of treatment of individuals who have experienced military sexual trauma or domestic abuse from treatment provided by the Department of Defense to treatment provided by the Department of Veterans Affairs.(2)A description and assessment of the collaboration between the Department of Veterans Affairs and the Department of Defense in assisting veterans in filing claims for disabilities related to military sexual trauma or domestic abuse, including permitting veterans access to information and evidence necessary to develop or support such claims.(d)In this section:(1)Appropriate committees of congressThe term appropriate committees of Congress means—(A)the Committee on Veterans’ Affairs and the Committee on Armed Services of the Senate; and(B)the Committee on Veterans’ Affairs and the Committee on Armed Services of the House of Representatives.(2)The term domestic abuse has the meaning given that term in section 3(b) of this Act.(3)The term military sexual trauma means psychological trauma, which in the judgment of a mental health professional employed by the Department, resulted from a physical assault of a sexual nature, battery of a sexual nature, or sexual harassment which occurred while the veteran was serving on active duty or active duty for training.(4)The term sexual harassment means repeated, unsolicited verbal or physical contact of a sexual nature which is threatening in character.(5)The term sexual trauma shall have the meaning given that term by the Secretary of Veterans Affairs for purposes of this section.