Servicemembers and Veterans Empowerment and Support Act of 2021
This bill modifies and implements policies and procedures related to Department of Veterans Affairs (VA) health care and benefits for veterans who have experienced military sexual trauma (MST), which is generally defined as physical assault of a sexual nature, battery of a sexual nature, or sexual harassment that occurred while the veteran was serving in the military.
The VA must revise its regulations to update the definition of MST to include matters relating to technological abuse.
In the case of any veteran who claims that a covered mental health condition (e.g., post-traumatic stress disorder) based on MST was incurred or aggravated by active service, the VA must accept specified diagnoses and evidence as proof of service-connection.
The VA may not deny a veteran's claim of compensation for a covered mental health condition based on MST without first (1) advising the veteran that nonmilitary evidence and behavioral evidence may constitute credible corroborating evidence, and (2) allowing the veteran an opportunity to furnish the corroborating evidence or advise the VA of potential sources of such evidence.
The Veterans Benefits Administration must conduct an annual special focus review on the accuracy of the processing of claims for disability compensation for disabilities relating to MST.
Additionally, the bill (1) expands access to mental health care at VA facilities for survivors of MST, and (2) requires the VA and the Government Accountability Office to report on access to such care for MST survivors.
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.
                                 <all>
Servicemembers and Veterans Empowerment and Support Act of 2021
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.
Servicemembers and Veterans Empowerment and Support Act of 2021
Rep. Pingree, Chellie