[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1092 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 1092
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
February 7, 2019
Ms. Pingree (for herself, Ms. Brownley of California, Mrs. Dingell, Ms.
Kuster of New Hampshire, Ms. Moore, Mr. Rush, Ms. Norton, Ms. DelBene,
Mr. Grijalva, Ms. Lofgren, and Mr. Sablan) introduced the following
bill; which was referred to the Committee on Veterans' Affairs, and in
addition to the Committee on Armed Services, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
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.
This Act may be cited as the ``Servicemembers and Veterans
Empowerment and Support Act of 2019''.
SEC. 2. TECHNOLOGICAL ABUSE DEFINED.
Section 101 of title 38, United States Code, is amended by adding
at the end the following new paragraph:
``(37) The term `technological abuse' means 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, cellular
telephones, apps, location tracking devices, instant messages,
text messages, or other forms of technology. Technological
abuse may include--
``(A) unwanted, repeated telephone calls, text
messages, instant messages, or social media posts;
``(B) non-consensual access of e-mail accounts,
texts or instant messaging accounts, social networking
accounts, or cellular telephone logs;
``(C) attempting to control or restrict a person's
ability to access technology with the intent to isolate
them from support and social connection;
``(D) using tracking devices or location tracking
software for the purpose of monitoring or stalking
another person's location;
``(E) 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
``(F) pressuring for or sharing of another person's
private information, photographs, or videos without
their consent.''.
SEC. 3. EXPANSION OF COVERAGE BY THE DEPARTMENT OF VETERANS AFFAIRS OF
COUNSELING AND TREATMENT FOR SEXUAL TRAUMA TO INCLUDE
TECHNOLOGICAL ABUSE OF A SEXUAL NATURE.
Section 1720D(a)(1) of title 38, United States Code, is amended by
inserting ``technological abuse of a sexual nature,'' after ``battery
of a sexual nature,''.
SEC. 4. STANDARD OF PROOF FOR SERVICE-CONNECTION OF MENTAL HEALTH
CONDITIONS RELATED TO MILITARY SEXUAL TRAUMA.
(a) Standard of Proof.--Section 1154 of title 38, United States
Code, is amended by adding at the end the following new subsection:
``(c)(1) In the case of any veteran who claims that a covered
mental health condition was incurred in or aggravated by military
sexual trauma during 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 of such
trauma and an opinion by the mental health professional that such
covered mental health condition is related to such military sexual
trauma, if consistent with the facts of such service, 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. Service-connection of such
covered mental health condition may be rebutted by clear and convincing
evidence to the contrary. The reasons for granting or denying service-
connection in each case shall be recorded in full.
``(2) In this subsection:
``(A) 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.
``(B) The term `military sexual trauma' means, with respect
to a veteran, a physical assault of a sexual nature, battery of
a sexual nature, technological abuse of a sexual nature, or
sexual harassment in line of duty.''.
(b) Use of Evidence in Evaluating Disability Claims Involving
Military Sexual Trauma.--
(1) In general.--Subchapter VI of chapter 11 of such title
is amended by adding at the end the following new section:
``Sec. 1164. Evaluation of claims involving military sexual trauma
``(a) Nonmilitary Sources of Evidence.--(1) In carrying out section
1154(c) of this title, the Secretary shall ensure that if a claim for
compensation under this chapter is received by the Secretary for a
covered mental health condition (as defined in such section) based on
military sexual trauma experienced by a veteran during active military,
naval, or air service, 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 assault, battery, or
harassment.
``(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.
``(b) Behavior Changes Corroborating Evidence.--(1) In carrying out
section 1154(c) of this title, 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.
``(D) Episodes of depression, panic attacks, or anxiety
without an identifiable cause.
``(E) Unexplained economic or social behavior changes.
``(c) 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 (a) and (b) 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.
``(d) Review of Evidence.--In reviewing a claim for compensation
described in subsection (a)(1), for any evidence received with such
claim that is described in subsection (a) or (b), the Secretary may
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 a credible opinion as to
whether the evidence indicates that military sexual trauma occurred.
``(e) 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.
``(f) Specialized Teams.--(1) The Secretary shall establish
specialized teams to process claims for compensation described in
subsection (a)(1).
``(2) The Secretary shall ensure that members of teams established
under paragraph (1) are trained to identify markers indicating military
sexual trauma.
``(3) In any case in which the Secretary obtains conflicting
evidence relating to the substantiation of a claim for compensation
described in subsection (a)(1), the Secretary shall give more credence
to the evidence that is more beneficial to the claimant.
``(g) Definitions.--In this section, the terms `covered mental
health condition' and `military sexual trauma' has the meanings given
such terms in section 1154(c) of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1164. Evaluation of claims involving military sexual trauma.''.
(c) Annual Reports.--
(1) In general.--Subchapter VI of chapter 11 of title 38,
United States Code, as amended by subsection (b), is further
amended by adding at the end the following new section:
``Sec. 1165. Reports on claims for disabilities incurred or aggravated
by military sexual trauma
``(a) Reports.--Not later than March 1, 2020, and not less
frequently than once each year thereafter through 2027, the Secretary
shall submit to Congress a report on covered claims submitted during
the previous fiscal year to identify and track the consistency of
decisions across regional offices.
``(b) Elements.--Each report under subsection (a) shall include the
following:
``(1) The number of covered claims submitted to or
considered by the Secretary during the fiscal year covered by
the report.
``(2) Of the covered claims listed under paragraph (1), the
number and percentage of such claims--
``(A) submitted by each sex;
``(B) that were approved, including the number and
percentage of such approved claims submitted by each
sex; and
``(C) that were denied, including the number and
percentage of such denied claims submitted by each sex.
``(3) Of the covered claims listed under paragraph (1) that
were approved, the number and percentage, disaggregated by sex,
of claims assigned to each rating percentage.
``(4) Of the covered claims listed under paragraph (1) that
were denied--
``(A) the three most common reasons given by the
Secretary under section 5104(b)(1) of this title for
such denials; and
``(B) the number of denials that were based on the
failure of a veteran to report for a medical
examination.
``(5) The number of covered claims that, as of the end of
the fiscal year covered by the report, are pending and,
separately, the number of such claims on appeal.
``(6) For the fiscal year covered by the report, the
average number of days that covered claims take to complete,
beginning on the date on which the claim is submitted.
``(7) A description of the training that the Secretary
provides to employees of the Veterans Benefits Administration,
or such contractors or other individuals as the Secretary
considers appropriate, specifically with respect to covered
claims, including the frequency, length, and content of such
training.
``(c) Definitions.--In this section:
``(1) The term `covered claims' means claims for disability
compensation submitted to the Secretary based on a covered
mental health condition alleged to have been incurred or
aggravated by military sexual trauma.
``(2) The terms `covered mental health condition' and
`military sexual trauma' have the meanings given such terms in
section 1154(c) of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter, as amended by subsection (b), is
further amended by adding at the end the following new item:
``1165. Annual reports on claims for disabilities incurred or
aggravated by military sexual trauma.''.
(d) Effective Date.--Subsection (c) of section 1154 of title 38,
United States Code, as added by subsection (a), shall apply with
respect to any claim for disability compensation under laws
administered by the Secretary of Veterans Affairs for which no final
decision has been made before the date of the enactment of this Act.
SEC. 5. INFORMATION FOR MEMBERS OF THE ARMED FORCES REGARDING
AVAILABILITY OF SERVICES AT THE DEPARTMENT OF VETERANS
AFFAIRS.
(a) In General.--The Secretary of Defense shall inform members of
the Armed Forces, using mechanisms available to the Secretary, of the
eligibility of such members for services at the Department of Veterans
Affairs.
(b) Information From Sexual Assault Response Coordinators.--The
Secretary shall ensure that Sexual Assault Response Coordinators of the
Department of Defense advise members of the Armed Forces who report
instances of military sexual trauma regarding the eligibility of such
members for services at the Department of Veterans Affairs.
(c) Military Sexual Trauma Defined.--In this section, the term
``military sexual trauma'' means psychological trauma described in
section 1720D(a)(1) of title 38, United States Code.
SEC. 6. SENSE OF CONGRESS ON ACCESS TO DEPARTMENT OF VETERANS AFFAIRS
FACILITIES BY RESERVISTS FOR COUNSELING AND TREATMENT
RELATING TO MILITARY SEXUAL TRAUMA.
(a) In General.--It is the sense of Congress that members of the
reserve components of the Armed Forces, including members of the
National Guard, should be able to access all health care facilities of
the Department of Veterans Affairs to receive counseling and treatment
relating to military sexual trauma and not just at Vet Centers.
(b) Definitions.--In this section:
(1) Military sexual trauma.--The term ``military sexual
trauma'' means psychological trauma described in section
1720D(a)(1) of title 38, United States Code.
(2) Vet center.--The term ``Vet Center'' has the meaning
given that term in section 1712A(h) of such title.
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