[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1245 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 1245
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 SENATE OF THE UNITED STATES
April 1 (legislative day, March 31), 2025
Mr. Blumenthal (for himself, Ms. Murkowski, Ms. Hirono, Mr. Fetterman,
Mr. Van Hollen, Mrs. Murray, Mr. Whitehouse, and Mrs. Shaheen)
introduced the following bill; which was read twice and referred to the
Committee on Veterans' Affairs
_______________________________________________________________________
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 2025''.
(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.
Sec. 208. Workgroup on medical examinations for 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. Care relating to military sexual trauma for individuals who
withdraw from or otherwise do not complete
service at service academies.
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.--
(1) In general.--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.
(2) Relation to faca.--Chapter 10 of title 5, United States
Code, shall not apply to paragraph (1).
(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 1166A(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 1166A(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.
Section 1166 of title 38, United States Code, is amended--
(1) in subsection (a)(1), by striking ``for compensation
for a covered mental health condition'' and inserting ``for
compensation for a condition, which may include a covered
mental health condition,''; and
(2) by amending subsection (d) to read as follows:
``(d) Definitions.--In this section, the terms `covered mental
health condition' and `military sexual trauma' have the meanings given
those terms in section 1166A(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 corroborating 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
post-traumatic 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.--
(1) In general.--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.
(2) Targeted outreach.--In implementing the program under
paragraph (1), the Secretary shall, to the extent practicable,
target outreach to veterans who submitted a claim relating to
military sexual trauma that was denied.
(c) Clerical Amendment.--The table of sections at the beginning of
chapter 11 of such title 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.--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
contractor of the Department that performs such examinations on behalf
of the Department.''.
(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 Workgroup.--
(1) In general.--The Secretary of Veterans Affairs shall
establish a workgroup to review correspondence relating to
military sexual trauma.
(2) Membership.--The workgroup 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 workgroup 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) an individual 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 member of the Armed Forces (including a
member of the National Guard or Reserves), 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 each of
the following:
``(A) Contact information for each of the following:
``(i) The military sexual trauma coordinator of the
Veterans Benefits Administration.
``(ii) The military sexual trauma coordinator of
the Veterans Health Administration.
``(iii) The Veterans Crisis Line.
``(iv) The facility of the Veterans Health
Administration closest to where the individual resides.
``(v) The Vet Center closest to where the
individual resides.
``(B) Information on the eligibility of the individual for
services provided through the Vet Center described in
subparagraph (A)(v).
``(2) In this subsection:
``(A) The term `individual who has experienced military
sexual trauma' means--
``(i) an individual 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 member of the Armed Forces (including a
member of the National Guard or Reserves), a former
member of the Armed Forces, or a veteran who is
receiving care fro