[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5666 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 5666
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
October 21, 2021
Ms. Pingree (for herself, Ms. Brownley, Ms. DelBene, Ms. Norton, Ms.
Kuster, Ms. Titus, Mrs. Dingell, Mr. McGovern, Mr. Rush, and Mr.
Kilmer) 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 2021''.
(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. Military sexual trauma defined for the digital age.
TITLE II--DISABILITY COMPENSATION AND CLAIMS PROCESSING
Sec. 201. Definition of military sexual trauma.
Sec. 202. Conforming changes relating to specialized teams to evaluate
claims involving military sexual trauma.
Sec. 203. Standard of proof for service-connection of mental health
conditions relating to military sexual
trauma.
Sec. 204. Choice of location of Department of Veterans Affairs medical
examination for assessment of claims for
compensation relating to disability
resulting from military sexual trauma.
Sec. 205. Communications from the Department of Veterans Affairs to
military sexual trauma survivors.
Sec. 206. Study on training and processing relating to claims for
disability compensation relating to
military sexual trauma.
Sec. 207. Annual special focus review of claims for disability
compensation for disabilities relating to
military sexual trauma.
TITLE III--ACCESS TO HEALTH CARE
Sec. 301. Expansion of eligibility for counseling and treatment for
military sexual trauma to include all
former members of the reserve components of
the Armed Forces.
Sec. 302. Connection to Veterans Health Administration when a
disability claim related to military sexual
trauma is submitted to Veterans Benefits
Administration.
Sec. 303. Study on access to inpatient mental health care for survivors
of military sexual trauma.
Sec. 304. Pilot program for interim access to mental health care for
survivors of military sexual trauma.
Sec. 305. Comptroller General study on access to care for survivors of
military sexual trauma at the Department of
Veterans Affairs.
TITLE I--DEFINING MILITARY SEXUAL TRAUMA
SEC. 101. MILITARY SEXUAL TRAUMA DEFINED FOR THE DIGITAL AGE.
(a) Revision to Regulations Required.--The Secretary of Veterans
Affairs shall, in accordance with subsection (b), revise regulations
for the definition of ``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.
(b) Requirements.--
(1) Technological abuse.--
(A) In general.--The Secretary shall ensure that
all regulations revised under subsection (a) include
matters relating to technological abuse to reflect
sexual harassment in the digital age.
(B) Inclusion of certain behavior and activities.--
For purposes of subparagraph (A), the term
``technological abuse'' may include--
(i) behavior intended to harm, threaten,
intimidate, control, stalk, harass,
impersonate, or monitor another person, except
as otherwise permitted by law, that occurs via
the internet, social networking sites,
computers, mobile devices, mobile telephones,
apps, location tracking devices, instant
messages, text messages, or other forms of
technology; and
(ii) specific activities, including--
(I) unwanted, repeated telephone
calls, text messages, instant messages,
or social media posts;
(II) nonconsensual access of email
accounts, texts or instant messaging
accounts, social networking accounts,
or mobile telephone logs;
(III) attempting to control or
restrict a person's ability to access
technology with the intent to isolate
the person from support and social
connection;
(IV) using tracking devices or
location tracking software for the
purpose of monitoring or stalking
another person's location;
(V) 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
(VI) pressuring for or sharing of
another person's private information,
photographs, or videos without the
person's consent.
(2) Collaboration.--In carrying out subsection (a), the
Secretary of Veterans Affairs shall collaborate with the
Secretary of Defense.
(3) Consultation.--In carrying out subsection (a), the
Secretary of Veterans Affairs shall consult with veterans
service organizations, military service organizations, and
other stakeholders.
(c) Commencement of Efforts.--Not later than one year after the
date of the enactment of this Act, the Secretary shall commence efforts
to carry out subsection (a).
(d) Progress Report.--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 the
progress of the Secretary in carrying out subsection (a).
(e) Final Regulations.--Not later than two years after the date of
the enactment of this Act, the Secretary shall--
(1) issue the revised regulations required by subsection
(a); and
(2) update training aids, manuals, and informational
materials for staff, veterans, members of the Armed Forces, and
stakeholders to reflect the revised regulations.
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 1167(j) 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.
Section 1166(c) of title 38, United States Code, as redesignated by
section 7(a) of the Training in High-demand Roles to Improve Veteran
Employment Act (Public Law 117-16), is amended by striking ``In this
section'' and all that follows and inserting the following: ``In this
section, the terms `covered mental health condition' and `military
sexual trauma' have the meanings given those terms in section 1167(j)
of this title.''.
SEC. 203. STANDARD OF PROOF FOR SERVICE-CONNECTION OF MENTAL HEALTH
CONDITIONS RELATING TO MILITARY SEXUAL TRAUMA.
(a) In General.--Subchapter VI of chapter 11 of such title is
amended by adding at the end the following new section:
``Sec. 1167. Evaluation of claims involving military sexual trauma
``(a) Standard of Proof.--(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, or air
service, the Secretary shall accept as sufficient proof of service-
connection a diagnosis of such mental health condition by a mental
health professional together with satisfactory lay or other evidence,
in accordance with subsections (b) and (c), of such trauma and an
opinion by the mental health professional that such covered mental
health condition is related to such military sexual trauma, as
specified in subsection (f), 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.
``(2) Service-connection of such covered mental health condition
may be rebutted by clear and convincing evidence to the contrary.
``(3) The reasons for granting or denying service-connection in
each case shall be recorded in full.
``(b) Nonmilitary Sources of Evidence.--(1) In carrying out
subsection (a), the Secretary shall ensure that if a claim for
compensation under this chapter is received by the Secretary for a
covered mental health condition based on military sexual trauma,
evidence from sources other than official records of the Department of
Defense regarding the veteran's 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) In carrying out subsection
(a), the Secretary shall ensure that 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) Role of Lay Statements.--In a case where evidence described
in subsection (b) or (c) is unavailable, and the only evidence of the
occurrence of the military sexual trauma is the veteran's own lay
statement, the Secretary shall accept such lay statement as credible
evidence the event occurred, unless such statement is inconsistent with
the places, types, and circumstances of the service of the veteran,
including evidence of the veteran's unit assignments, military
specialty, or dates and locations of service, or unless there is clear
and convincing evidence to the contrary.
``(f) Review of Evidence.--(1) 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), or if subsection (e) applies, 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 it is at
least as likely as not that there is a nexus between the military
sexual trauma and any diagnosed covered mental health condition.
``(2) In the case of any veteran who submits with the claim for a
covered mental health condition a lay statement describing the military
sexual trauma, such veteran shall be provided with a medical
examination and opinion as described in paragraph (1) without delay for
request of records specified in subsections (b) and (c) from the
veteran.
``(3) For any veteran described in paragraph (2), if the medical
examination and opinion do not result in a diagnosis of a covered
mental health condition and a positive opinion that the military sexual
trauma is related to such diagnosis, the Secretary shall request the
records specified in subsections (b) and (c) and, if such evidence is
received, paragraph (1) shall again apply and a subsequent medical
examination and opinion shall be requested.
``(g) Point of Contact.--The Secretary shall ensure that each
document provided to a veteran relating to a claim for compensation
described in subsection (a) includes contact information for an
appropriate point of contact with the Department.
``(h) Specialized Teams.--The Secretary shall ensure that all
claims for compensation described in subsection (a) are reviewed and
processed by a specialized team established under section 1166 of this
title.
``(i) 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 non-sexual personal assault,
which the Secretary shall continue to define in regulation.
``(j) Definitions.--In this section:
``(1) The term `covered mental health condition' means
post-traumatic stress disorder, anxiety, depression, or other
mental health diagnosis described in the current version of the
Diagnostic and Statistical Manual of Mental Disorders published
by the American Psychiatric Association that the Secretary
determines to be related to military sexual trauma and which
may be service-connected.
``(2) 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, or air
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 related to military sexual trauma, including
consideration of lay statements and requirements for a medical
examination and opinion.
(c) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding at the end the following new item:
``1167. 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 1167(j) 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 facility of the Department by a qualified
employee of the Department.
``(2) The Secretary--
``(A) shall grant any request under paragraph (1); and
``(B) may not issue a decision on a claim described in such
paragraph before the requested examination is completed.''.
(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
MILITARY SEXUAL TRAUMA SURVIVORS.
(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 Secretary shall appoint members of the
board from among experts in military sexual trauma and mental
health, including--
(A) mental health providers of the Department;
(B) experts on sexual assault and sexual
harassment; and
(C) members from both the Veterans Health
Administration and Veterans Benefits Administration.
(3) Duties.--The board established under paragraph (1)
shall--
(A) review all standard correspondence and other
materials, which may include templates for notices
under sections 5103 and 5104B of title 38, United
States Code, as well as outreach materials and veteran-
facing website content, from the Department of Veterans
Affairs to survivors of military sexual trauma for
sensitivity; and
(B) ensure that the communications--
(i) treat survivors with dignity and
respect; and
(ii) do not re-traumatize survivors.
(b) Contents of Written Communications to Military Sexual Trauma
Survivors.--The Secretary shall ensure that any written communication
from the Department of Veterans Affairs to a military sexual trauma
survivor shall include contact information for the following:
(1) The military sexual trauma coordinator of the Veterans
Benefits Administration.
(2) The military sexual trauma coordinator for the Veterans
Health Administration.
(3) The Veterans Crisis Line.
(4) The facility of the Veterans Health Administration
closest to where the survivor resides.
(c) Definitions.--In this section:
(1) Military sexual trauma survivor.--The term ``military
sexual trauma survivor'' 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 of
Veterans Affairs relating to military sexual trauma.
(2) Veterans crisis line.--The term ``Veterans Crisis
Line'' means the toll-free hotline for veterans established
under section 1720F(h) of title 38, United States Code.
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 2021, 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.''.
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 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 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 former member of the Armed Forces 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 survivors of 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 such term in
section 1167(j) of title 38, United States Code, as added by section
203(a).
SEC. 303. STUDY ON ACCESS TO INPATIENT MENTAL HEALTH CARE FOR SURVIVORS
OF MILITARY SEXUAL TRAUMA.
(a) In General.--The Secretary of Veterans Affairs shall conduct a
study on access to inpatient mental health care for current and former
members of the Armed Forces who are survivors of military sexual
trauma.
(b) Elements.--The study required by subsection (a) shall include
the following:
(1) An assessment of the availability of bed spaces in the
mental health residential rehabilitation treatment programs of
the Department of Veterans Affairs for survivors of military
sexual trauma, including the suitability of those programs for
such survivors and the wait times for services under those
programs.
(2) An assessment of geographic disparities in access to
those programs for survivors of military sexual trauma,
including by region and by rural and urban areas.
(3) An assessment of alternative care options provided when
a survivor of military sexual trauma is waiting for inpatient
care, the efficacy of those alternatives, and the satisfaction
of patients with those alternatives.
(4) 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.
(5) An assessment of the satisfaction of patients with the
tracks of those programs specific to military sexual trauma,
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 survivors of military sexual trauma.
(c) Report.--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
study required by subsection (a).
(d) Definition of Military Sexual Trauma.--In this section, the
term ``military sexual trauma'' has the meaning given such term in
section 1720D(f) of title 38, United States Code, as added by section
301.
SEC. 304. PILOT PROGRAM FOR INTERIM ACCESS TO MENTAL HEALTH CARE FOR
SURVIVORS OF 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 are
survivors of military sexual trauma when the wait times for inpatient
mental health care from the Department of Veterans Affairs for the
survivor 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 inpatient mental
health care, particularly for survivors of 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 survivor
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 at community-based
outpatient clinics of the Department.
(e) Participation.--
(1) Clarification on participation.--Participation by a
survivor in the pilot program under subsection (a) shall be
during the period in which the survivor is waiting for an
inpatient bed opening and shall not disqualify the survivor
from receiving inpatient mental health care following their
participation in the pilot program.
(2) Decisions on participation.--Decisions about the
participation of a survivor in the pilot program and the
transition of the survivor to inpatient mental health care
shall be made by the survivor 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 such term in
section 1720D(f) of title 38, United States Code, as added by section
301.
SEC. 305. COMPTROLLER GENERAL STUDY ON ACCESS TO CARE FOR SURVIVORS OF
MILITARY SEXUAL TRAUMA AT THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--The Comptroller General of the United States shall
conduct a study on access to mental health care for survivors of
military sexual trauma at facilities of the Department of Veterans
Affairs.
(b) Elements.--The study conducted under subsection (a) shall
include an assessment of the following:
(1) The availability of inpatient and outpatient services,
including wait times and geographic disparities for such
services.
(2) The availability of other types of training and support
services for survivors of military sexual trauma, such as the
Parenting STAIR program of the Department.
(3) The communication and advertisement by the Department
of the care, services, and resources available for such
survivors.
(4) The barriers to accessing mental health care at a
facility of the Department for such survivors, including
transportation, child care, lack of telehealth, and more.
(5) The barriers to mental health care at facilities of the
Department for such survivors of each gender, including the
unique considerations for male survivors versus female
survivors.
(6) 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.
(7) The role of Vet Centers in providing care to such
survivors, including current and former members of the Armed
Forces.
(8) The role of military sexual trauma coordinators of the
Veterans Health Administration in coordinating and providing
care for such survivors at facilities of the Department.
(9) Any current actions by the Secretary to strengthen
access to high-quality care for such survivors and such
recommendations for improving access to care for such survivors
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.--In this section, the term
``military sexual trauma'' has the meaning given such 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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