[Congressional Record Volume 167, Number 190 (Thursday, October 28, 2021)]
[Senate]
[Page S7490]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3983. Mr. TESTER (for himself and Ms. Murkowski) submitted an 
amendment intended to be proposed by him to the bill H.R. 4350, to 
authorize appropriations for fiscal year 2022 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the end of subtitle G of title X, add the following:

     SEC. 1064. TECHNICAL CORRECTION TO 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 of a 
     sexual nature'' and all that follows through the period at 
     the end and inserting ``military sexual trauma.''; and
       (B) in paragraph (2)(A), by striking ``that was suffered by 
     the member while serving on duty, regardless of duty status 
     or line of duty determination (as that term is used in 
     section 12323 of title 10)''; 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 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.''.
                                 ______