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H.R. 2576

119th CONGRESS 1st Session

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 · April 1, 2025 · Sponsor: Ms. Pingree · Committee: Committee on Veterans' Affairs

Sec. 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

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:
  - 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 of title 38, United States Code, and compensation under chapter 11 of such title to identify— chapter 17
    - gaps in coverage for health care and compensation eligibility relating to military sexual trauma involving online or other technological communications; and
    - the feasibility and advisability of expanding health care and compensation for trauma that is nonsexual in nature involving online or other technological communications.
  - 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
  - of title 5, United States Code, shall not apply to paragraph (1). Chapter 10
(d) Military sexual trauma defined
- In this section, the term — military sexual trauma
  - 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
  - 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—

in subsection (a)(1), by striking for compensation for a covered mental health conditionand inserting for compensation for a condition, which may include a covered mental health condition,; and
- (d) Definitions
  - In this section, the terms and have the meanings given those terms in section 1166A(i) of this title. covered mental health condition,military sexual trauma
by amending subsection (d) to read as follows:

Sec. 203. Evaluation of claims involving military sexual trauma.

(a) In general
- 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 diagnosis of such mental health condition by a mental health professional.
  - A link, established by medical evidence, between current symptoms and a military sexual trauma.
  - Credible corroborating evidence, in accordance with subsections (b) and (c), that the claimed military sexual trauma occurred.
- 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
  - 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.
  - Examples of evidence described in paragraph (1) include the following:
    - Records from law enforcement authorities, rape crisis centers, mental health counseling centers, hospitals, and physicians.
    - Pregnancy tests and tests for sexually transmitted diseases.
    - Statements from family members, roommates, other members of the Armed Forces or veterans, and clergy.
- (c) Evidence of behavior changes
  - 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.
  - Examples of behavior changes that may be relevant evidence of military sexual trauma include the following:
    - A request for a transfer to another military duty assignment.
    - Deterioration in work performance.
    - Substance abuse or substance use disorder.
    - Episodes of depression, panic attacks, or anxiety without an identifiable cause.
    - 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—
    - advising the veteran that evidence described in subsections (b) and (c) may constitute credible corroborating evidence of the military sexual trauma; and
    - 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.

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—
  - in the section heading, by inserting after ;
  - in subsection (a), by striking a physical assault of a sexual nature, battery of a sexual nature, or sexual harassmentand inserting military sexual trauma (as defined in section 1166A(i) of this title);
  - by redesignating subsection (c) as subsection (d); and
    - (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.
  - by inserting after subsection (b) the following new subsection (c):
(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.
  - 1. 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—
    - one or more shall be appointed from among mental health providers of the Veterans Health Administration;
    - one or more shall be appointed from among experts on sexual assault and sexual harassment of the Veterans Benefits Administration; and
    - 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—
    - 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
    - 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—
    - an individual who has filed a claim for compensation under of title 38, United States Code, relating to military sexual trauma; chapter 11
    - a veteran who has been awarded compensation under such chapter relating to military sexual trauma; or
    - 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
  - (c) Written communications to individuals who have experienced military sexual trauma
    - 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:
      - 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.

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—
  - the quality of training provided to personnel of the Department of Veterans Affairs who review claims for disability compensation under of title 38, United States Code, for disabilities relating to military sexual trauma; and chapter 11
  - 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:
  - With respect to the quality of training described in paragraph (1) of such subsection:
    - Whether the Department ensures personnel complete such training on time.
    - Whether the training has resulted in improvements to the processing of claims described in such subsection and issue-based accuracy.
    - Such recommendations as the Secretary may have for improving the training.
  - With respect to the quality of procedures described in paragraph (2) of such subsection:
    - 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.
    - Whether such procedures adequately include mechanisms to correct errors found in such reviews.
    - A summary of quality assurance reviews and reports conducted as part of such procedures.
    - 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 of title 38, United States Code, for disabilities relating to military sexual trauma. chapter 11
- (2) Elements
  - Each review conducted under paragraph (1) shall include a review of the following:
    - 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.
    - The accuracy of each decision made with respect to each claim described in subparagraph (A).
    - The types of benefit entitlement errors found, disaggregated by category.
    - Trends from year to year.
    - 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 office of the Department for reprocessing to ensure that the veteran receives an accurate decision with respect to the claim.
(c) Report
- Section 5501(b) of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020 (; 134 Stat. 5048) is amended— Public Law 116–315
  - in paragraph (1), by striking and inserting ; and
  - in paragraph (2), by adding at the end the following new subparagraph:
    - The findings of the most recent special focus review conducted under subsection (a)(1) of section 207 of the , 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.
(d) Sunset
- On the date that the Under Secretary determines, pursuant to special focus reviews conducted under paragraph (1) of subsection (a), that the accuracy rates under paragraph (2)(B) of such subsection have been 95 percent or greater for five consecutive years, subsection (a)(1) shall cease to be in effect.

Sec. 208. Workgroup on medical examinations for claims for disability compensation for disabilities relating to military sexual trauma.

(a) In general
- Not later than 90 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a workgroup on medical examinations for claims for disability compensation under of title 38, United States Code, for disabilities relating to military sexual trauma (in this section referred to as the ). chapter 11
- In general
(b) Membership
- The workgroup shall be composed of the following:
  - Staff of the operations center for military sexual trauma of the Department of Veterans Affairs who have experience reviewing the quality of medical examinations in support of claims for disability compensation under of title 38, United States Code. chapter 11
  - Staff of the Medical Disability Examination Office of the Department.
  - Veterans service officers who have experience with claims described in subsection (a).
  - Medical examiners who have experience with such claims.
  - Staff of the Veterans Experience Office of the Department.
  - Such other individuals as the Secretary considers appropriate.
(c) Duties
- Not later than 180 days after the date of the enactment of this Act, the Workgroup shall—
  - review the quality of medical examinations described in subsection (a);
  - review the feasibility of minimizing re-examinations for conditions relating to military sexual trauma; and
  - submit to the Under Secretary for Benefits of the Department and the Secretary recommendations on how to—
    - eliminate re-traumatization of individuals who file claims described in subsection (a); and
    - reduce the overdevelopment of such claims.
(d) Report
- Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report that includes the following:
  - The views of the workgroup on efforts by the Department to eliminate re-traumatization of individuals who file claims described in subsection (a).
  - Legislative proposals to improve the experience of such individuals in pursuing such claims.
  - The recommendations submitted under subsection (c)(3).
  - The plan of the Under Secretary for Benefits of the Department and the Secretary to implement such recommendations.
(e) Review and implementation
- Not later than one year after the date of the enactment of this Act, the Under Secretary for Benefits of the Department and the Secretary shall—
  - review the recommendations submitted under subsection (c)(3); and
  - implement the recommendations that, as determined by the Under Secretary and the Secretary, would improve the claims process for individuals who file claims described in subsection (a).

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—

in subsection (a)—
- in paragraph (1), by striking a physical assaultand all that follows through the period at the end and inserting military sexual trauma.; and
- in paragraph (2)(A), by striking was sufferedand all that follows through the period at the end and inserting resulted from military sexual trauma.; and
by striking subsections (f) and (g) and inserting the following new subsection (f):
- In this section:
  - 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 discharge by court-martial, unless the Secretary determines an exception to the bar to benefits applies; or
    - a discharge subject to a bar to benefits under section 5303 of this title.
  - The term military sexual trauma means, with respect to a member of the Armed Forces or 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 member or former member was serving on duty, regardless of duty status or line of duty determination (as that term is used in section 12323 of title 10).
  - The term sexual harassment means unsolicited verbal or physical contact of a sexual nature which is threatening in character.

(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:
  - 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.
  - 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.
  - The types of services that individuals who have experienced military sexual trauma are eligible to receive from the Department of Veterans Affairs, including the nearest locations, including the nearest Vet Center, and the contact information for such services.
  - The contact information for the Veterans Crisis Line established under section 1720F(h) of title 38, United States Code.
  - Such other information on services, care, or resources for military sexual trauma as the Secretary determines appropriate.
(b) Definitions
- In this section:
  - The term — military sexual trauma
  - The term Vet Center has the meaning given that term in section 1712A(h) of title 38, United States Code.

Sec. 303. Care relating to military sexual trauma for individuals who withdraw from or otherwise do not complete service at service academies.

(a) In general
- The Secretary of Veterans Affairs, in coordination with the Secretary of Defense, the Secretary of Homeland Security, and the Secretary of Transportation, shall ensure that each individual who withdraws from, or otherwise does not complete service at, a service academy is provided—
- In general
  - information on the potential eligibility of such individual for care and counseling relating to military sexual trauma provided through the Department of Veterans Affairs; and
  - the option to receive copies of—
    - the individual's service treatment records or military personnel records that document military sexual trauma;
    - reporting forms of the Department of Defense, the Department of Homeland Security, or the Department of Transportation on sexual assault or sexual harassment for which the individual was the victim; and
    - any investigative reports into military sexual trauma that occurred during the individual's service in the Armed Forces and for which the individual was the victim.
(b) Definitions
- In this section:
- Definitions
- (1) Military sexual trauma
  - The term — military sexual trauma
    - 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
    - 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).
- (2) Service academy
  - The term service academy means any of the following:
  - Service academy
    - The United States Military Academy.
    - The United States Naval Academy.
    - The United States Air Force Academy.
    - The United Stated Coast Guard Academy.
    - The United States Merchant Marine Academy.

(2) Decisions and notices of decisions

(e)
- 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:
  - Contact information for each of the following:
    - (i) The military sexual trauma coordinator of the Veterans Health Administration.
    - (ii) The Veterans Crisis Line.
    - (iii) The facility of the Veterans Health Administration closest to where the individual resides.
    - (iv) The Vet Center closest to where the individual resides.
  - Information on the eligibility of the individual for services provided through the Vet Center described in subparagraph (A)(iv).
- The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma that includes notification of an award of compensation under chapter 11 of this title relating to military sexual trauma includes—
  - the contact information described in paragraph (1); and
  - the contact information for the military sexual trauma coordinator of the Veterans Benefits Administration.
- In this subsection:
  - 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 from the Department relating to military sexual trauma.
  - The term military sexual trauma has the meaning given that term in section 1166A(i) of this title.
  - The term Vet Center has the meaning given that term in section 1712A(h) of this title.
  - The term Veterans Crisis Line means the toll-free hotline for veterans established under section 1720F(h) of this title.
Section 5104 of title 38, United States Code, is amended by adding at the end the following new subsection:

(3) Higher-level review by the agency of original jurisdiction

(f) Written communications to individuals who have experienced military sexual trauma
- 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:
  - Contact information for each of the following:
    - (i) The military sexual trauma coordinator of the Veterans Health Administration.
    - (ii) The Veterans Crisis Line.
    - (iii) The facility of the Veterans Health Administration closest to where the individual resides.
    - (iv) The Vet Center closest to where the individual resides.
  - Information on the eligibility of the individual for services provided through the Vet Center described in subparagraph (A)(iv).
- The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma that includes notification of an award of compensation under chapter 11 of this title relating to military sexual trauma includes—
  - the contact information described in paragraph (1); and
  - the contact information for the military sexual trauma coordinator of the Veterans Benefits Administration.
- In this subsection:
  - 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 from the Department relating to military sexual trauma.
  - The term military sexual trauma has the meaning given that term in section 1166A(i) of this title.
  - The term Vet Center has the meaning given that term in section 1712A(h) of this title.
  - The term Veterans Crisis Line means the toll-free hotline for veterans established under section 1720F(h) of this title.
Section 5104B of title 38, United States Code, is amended by adding at the end the following new subsection:

(4) Board of Veterans’ Appeals

(g)
- The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma include each of the following:
  - Contact information for each of the following:
    - (i) The military sexual trauma coordinator of the Veterans Health Administration.
    - (ii) The Veterans Crisis Line.
    - (iii) The facility of the Veterans Health Administration closest to where the individual resides.
    - (iv) The Vet Center closest to where the individual resides.
  - Information on the eligibility of the individual for services provided through the Vet Center described in subparagraph (A)(iv).
- The Secretary shall ensure that any written communication under this section from the Department to an individual who has experienced military sexual trauma that includes notification of an award of compensation under chapter 11 of this title relating to military sexual trauma includes—
  - the contact information described in paragraph (1); and
  - the contact information for the military sexual trauma coordinator of the Veterans Benefits Administration.
- In this subsection:
  - 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 from the Department relating to military sexual trauma.
  - The term military sexual trauma has the meaning given that term in section 1166A(i) of this title.
  - The term Vet Center has the meaning given that term in section 1712A(h) of this title.
  - The term Veterans Crisis Line means the toll-free hotline for veterans established under section 1720F(h) of this title.
Section 7104 of title 38, United States Code, is amended by adding at the end the following new subsection:

Servicemembers and Veterans Empowerment and Support Act of 2025 · Introduced in House (2025-04-01) · Congress.wiki