S.Amdt. 2222

SA 2222. Mr. TESTER (for himself and Ms. Murkowski) submitted an
amendment intended to be proposed by him to the bill S. 4638, to
authorize appropriations for fiscal year 2025 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 appropriate place in title X, insert the following:

SEC. 10__. 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.''.
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