[Congressional Record Volume 159, Number 77 (Tuesday, June 4, 2013)]
[House]
[Pages H3029-H3032]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         RUTH MOORE ACT OF 2013

  Mr. MILLER of Florida. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 671) to amend title 38, United States Code, to 
improve the disability compensation evaluation procedure of the 
Secretary of Veterans Affairs for veterans with mental health 
conditions related to military sexual trauma, and for other purposes, 
as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                                H.R. 671

       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 ``Ruth Moore Act of 2013''.

     SEC. 2. REPORTS ON CLAIMS FOR DISABILITIES INCURRED OR 
                   AGGRAVATED BY MILITARY SEXUAL TRAUMA.

       (a) Annual Reports.--
       (1) In general.--Subchapter VI of chapter 11 of title 38, 
     United States Code, is amended by adding at the end the 
     following new section:

     ``Sec. 1164. Reports on claims for disabilities incurred or 
       aggravated by military sexual trauma

       ``(a) Reports.--Not later than December 1, 2014, and each 
     year thereafter through 2018, the Secretary shall submit to 
     Congress a report on covered claims submitted during the 
     previous fiscal year.
       ``(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, listed by each 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 
     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 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.
       ``(3) The term `military sexual trauma' means, with respect 
     to a veteran, psychological trauma, which in the judgment of 
     a mental health professional, resulted from a physical 
     assault of a sexual nature, battery of a sexual nature, or 
     sexual harassment which occurred during active military, 
     naval, or air service.''.
       (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. Reports on claims for disabilities incurred or aggravated by 
              military sexual trauma.''.
       (3) Initial report.--The Secretary of Veterans Affairs 
     shall submit to Congress an initial report described in 
     section 1164 of title 38, United States Code, as added by 
     paragraph (1), by not later than 90 days after the date of 
     the enactment of this Act. Such initial report shall be in 
     addition to the annual reports required under such section 
     beginning in December 2014.
       (b) Sense of Congress.--It is the sense of Congress that 
     the Secretary of Veterans Affairs should update and improve 
     the regulations of the Department of Veterans Affairs with 
     respect to military sexual trauma by--
       (1) ensuring that military sexual trauma is specified as an 
     in-service stressor in determining the service-connection of 
     post-traumatic stress disorder by including military sexual 
     trauma as a stressor described in section 3.304(f)(3) of 
     title 38, Code of Federal Regulations; and
       (2) recognizing the full range of physical and mental 
     disabilities (including depression, anxiety, and other 
     disabilities as indicated in the Diagnostic and Statistical 
     Manual of Mental Disorders published by the American 
     Psychiatric Association) that can result from military sexual 
     trauma.
       (c) Provision of Information.--During the period beginning 
     on the date that is 15 months after the date of the enactment 
     of this Act and ending on the date on which the Secretary 
     updates and improves regulations as described in subsection 
     (b), the Secretary shall--
       (1) provide to each veteran who has submitted a covered 
     claim or been treated for military sexual trauma at a medical 
     facility of the Department with a copy of the report under 
     subsection (a)(3) or section 1164 of title 38, United States 
     Code, as added by subsection (a)(1), that has most recently 
     been submitted to Congress;
       (2) provide on a monthly basis to each veteran who has 
     submitted any claim for disability compensation or been 
     treated at a medical facility of the Department information 
     that includes--
       (A) the date that the Secretary plans to complete such 
     updates and improvements to such regulations;
       (B) the number of covered claims that have been granted or 
     denied during the month covered by such information;
       (C) a comparison to such rate of grants and denials with 
     the rate for other claims regarding post-traumatic stress 
     disorder;
       (D) the three most common reasons for such denials;
       (E) the average time for completion of covered claims;
       (F) the average time for processing covered claims at each 
     regional office; and
       (G) any information the Secretary determines relevant with 
     respect to submitting a covered claim;
       (3) in addition to providing to veterans the information 
     described in paragraph (2), the Secretary shall make 
     available on a monthly basis such information on a 
     conspicuous location of the Internet website of the 
     Department; and
       (4) submit to Congress on a monthly basis a report that 
     includes--
       (A) a list of all adjudicated covered claims, including 
     ancillary claims, during the month covered by the report;
       (B) the outcome with respect to each medical condition 
     included in the claim; and
       (C) the reason given for any denial of such a claim.

[[Page H3030]]

       (d) Military Sexual Trauma Defined.--In this section:
       (1) The term ``covered claim'' has the meaning given that 
     term in section 1164(c)(1) of title 38, United States Code, 
     as added by subsection (a)(1).
       (2) The term ``military sexual trauma'' has the meaning 
     given that term in section 1164(c)(3) of title 38, United 
     States Code, as added by subsection (a)(1).

     SEC. 3. EXTENSION OF ROUNDING DOWN OF PERCENTAGE INCREASES OF 
                   RATES OF CERTAIN EDUCATIONAL ASSISTANCE.

       (a) Montgomery GI Bill.--Section 3015(h)(2) of title 38, 
     United States Code, is amended--
       (1) by striking ``fiscal year 2014'' and inserting ``fiscal 
     year 2019''; and
       (2) by striking ``fiscal year 2013'' and inserting ``fiscal 
     year 2018''.
       (b) Survivors' and Dependents' Educational Assistance.--
     Section 3564(b) of such title is amended--
       (1) by striking ``fiscal year 2014'' and inserting ``fiscal 
     year 2019''; and
       (2) by striking ``fiscal year 2013'' and inserting ``fiscal 
     year 2018''.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Florida (Mr. Miller) and the gentleman from Maine (Mr. Michaud) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Florida.


                             General Leave

  Mr. MILLER of Florida. Mr. Speaker, I ask unanimous consent that all 
Members have 5 legislative days within which to revise and extend their 
remarks and add any extraneous material they may have on H.R. 671, as 
amended.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.
  Mr. MILLER of Florida. I yield myself such time as I might consume.
  Mr. Speaker, H.R. 671, as amended, will demand that the Department of 
Veterans Affairs place an immediate and concerted focus upon updating 
and improving its regulations for processing claims based upon military 
sexual trauma, commonly known as MST.
  Reported incidences of military sexual trauma have risen markedly in 
recent years, a disturbing trend affecting both women and men serving 
in the military. I have spoken with many servicemembers who have 
suffered MST, and one sentiment is commonly echoed--these 
servicemembers feel a sense of betrayal and lack of trust. They have 
said that they feel betrayed by their fellow military attacker; and, 
without proper handling of the crime, they also feel betrayed by their 
command and their service branch.
  The Department of Defense must take the lead on this issue and must 
address military sexual assault and trauma throughout the ranks in the 
strongest possible terms. Additionally, our veterans who have suffered 
military sexual trauma who live with this sense of betrayal must be 
confident that they will not be further traumatized by the Department 
of Veterans Affairs when they seek necessary and proper assistance.
  Survivors of MST must not be subjected to outdated and antiquated 
regulations of the Department.

                              {time}  1240

  VA's approach to claims of MST and its processing thereof require 
immediate and thoughtful review, and that is the intent of H.R. 671, as 
amended.
  I want to thank Congresswoman Pingree for bringing this important 
bill to the committee. And I commend Subcommittee Chairman Runyan and 
Ranking Member Titus for their bipartisan work on bringing this bill to 
the floor today.
  With that, Mr. Speaker, I reserve the balance of my time.
  Mr. MICHAUD. Mr. Speaker, I yield myself such time as I may consume.
  I wholeheartedly support H.R. 671, the Ruth Moore Act of 2013. This 
bill was introduced by my colleague and good friend of mine from the 
State of Maine, Congresswoman Chellie Pingree. It is named after a 
constituent of mine, Ruth Moore.
  This important legislation seeks to better serve those men and women 
who have become victims of military sexual trauma. This legislation 
makes clear that we expect the VA to update its regulations in regards 
to military sexual trauma, which we believe are outdated and do not 
reflect the needs of those who are living through this awful 
experience. This bill would encourage the VA to update its regulations 
to ensure that military sexual trauma is specified as an in-service 
stressor and that those updated regulations also recognize the full 
range of physical and mental disabilities that may result.
  Mr. Speaker, VA did the right thing by our Vietnam veterans exposed 
to Agent Orange by updating their regulations. We expect VA to also do 
the right thing by veterans who have been suffering from military 
sexual trauma.
  H.R. 671, as amended, contains language to ensure VA follows through 
on the requirement to do better by those who have suffered military 
sexual trauma. It will dramatically increase the reporting requirements 
of VA in the event that these regulations are not updated within 15 
months in an appropriate manner.
  Let's be clear: Congress disagrees with VA's assessment that MST is 
being adjudicated effectively. We expect VA to take a good, hard look 
at this issue and update its regulations in a timely fashion. We will 
be watching, and we will be having oversight hearings to make sure that 
the reporting requirements are upheld.
  I would urge my colleagues to support passage of H.R. 671, the Ruth 
Moore Act.
  With that, I reserve the balance of my time.
  Mr. MILLER of Florida. Mr. Speaker, at this time, I yield as much 
time as he might consume to the subcommittee chairman of Disability 
Assistance and Memorial Affairs, the gentleman from New Jersey (Mr. 
Runyan).
  Mr. RUNYAN. Thank you, Chairman Miller, for yielding me time.
  Mr. Speaker, H.R. 671, as amended, is known as the Ruth Moore Act of 
2013.
  As chairman of the Subcommittee on Disability Assistance and Memorial 
Affairs, I am pleased once again that our subcommittee worked in a 
productive and bipartisan manner on this important bill for our 
Nation's servicemembers. I also applaud the leadership shown by Ms. 
Pingree in sponsoring this legislation.
  Military sexual trauma is a terrible act, a betrayal of trust, and it 
is not to be tolerated. Furthermore, those veterans who were victimized 
by their fellow servicemembers are entitled to VA assistance, and they 
are entitled to a fair and thoughtful review of their claims.
  Thus, H.R. 671, as amended, sets stringent reporting requirements and 
urges the Department of Veterans Affairs to make necessary changes to 
their regulations on military sexual trauma to ensure their fair 
review.

  I strongly support H.R. 671, as amended, and I urge my colleagues to 
also support this bill.
  Mr. MICHAUD. Mr. Speaker, at this time, I would like to yield 5 
minutes to the author of the bill, the gentlewoman from my home State 
of Maine, Congresswoman Chellie Pingree.
  Ms. PINGREE of Maine. Mr. Speaker, first, I want to thank my 
colleague from Maine, Mr. Michaud, for his time, for his leadership on 
the Veterans' Affairs Committee, and for sharing his brave constituent, 
Ruth Moore, with me.
  I also want to thank Chairman Miller for his bipartisan work on this 
bill, as well as subcommittee chair, Mr. Runyan, and Ms. Titus, the 
ranking member, for their work on this issue as well. Thank you very 
much.
  Mr. Speaker, lately it has been hard to escape the news about the 
crisis of sexual assault in the military. Senior military personnel 
charged with preventing sexual assault are themselves investigated or 
arrested for the very same thing.
  A new Pentagon report showing 26,000 men and women were sexually 
assaulted in the military last year--up 35 percent. And only about one 
in 10 of those assaults were reported, and even fewer ended up with a 
prosecution. In fact, the Pentagon says that every week--every single 
week--400 sexual assaults go unreported.
  But even though we've heard much more about this problem lately, in 
no way is it a new problem. Almost every day I hear from another 
veteran who is the survivor of sexual assault in the military. Men and 
women of all ages, from every branch of the service, from every era. I 
have heard from survivors of sexual assault from World War II, the war 
in Afghanistan, and every conflict and every era in between.
  There is no question that we have to get to the root of the problem, 
that we have to reform the legal service and

[[Page H3031]]

change the culture so sexual assault in the military is no longer 
tolerated and is thoroughly prosecuted.
  But the sad fact remains: even if sexual assault in the military 
ended today, even if a woman or man in uniform was never raped again, 
there would still be tens of thousands of veterans who survived a 
sexual assault and suffer a disability because of it, but still can't 
get veterans disability benefits that they are owed.
  That's why we need this bill, the Ruth Moore Act. This bill doesn't 
create any new benefits for survivors of sexual assault. This bill 
doesn't give any special treatment to the survivors of sexual assault. 
This bill just levels the playing field and makes it easier for those 
survivors to get the benefits they are owed.
  A few years ago, the Department of Veterans Affairs acknowledged that 
too many combat veterans were suffering from PTSD and they were being 
denied benefits because it was too difficult to document what happened 
to them on the battlefield. So the VA made a commonsense change. They 
said if you were in combat and a VA doctor gives you a diagnosis of 
PTSD, and if an examiner links that diagnosis to the combat you 
experienced, then you are eligible for benefits.
  The Ruth Moore Act asks the VA to do the same thing for victims of 
military sexual assault. If a VA doctor gives a veteran a diagnosis of 
a mental health condition and there is a medical link to the sexual 
assault, then the VA will have to qualify the veteran for service-
related disability benefits.
  Currently, the VA requires ``secondary markers'' to show the sexual 
assault occurred. Those secondary markers--statements from relatives or 
friends or a supervisor--are often hard to come by, especially for 
veterans who suffered an assault years or even decades ago. In the case 
of combat-related PTSD, those secondary markers are no longer required 
and the sworn statement of a veteran is sufficient. The same reform 
should apply to survivors of sexual assault.
  We named this bill after a very brave woman from Maine. Ruth Moore 
was in the Navy when she was 19, serving her country. At a base in the 
Azores she was raped. When she reported it, she was told to keep quiet, 
and then she was raped again. For 23 years she fought for the benefits 
she was owed. Her records were tampered with, she was diagnosed with 
mental illness, and her life fell apart. After decades of fighting, 
Ruth was finally given the benefits we owed her, and slowly she has put 
her life back together.
  When I met her in my office in Maine 2 years ago, she could barely 
tell her story. Her friends, her neighbors, even many of her loved ones 
didn't know what had happened to her. But bit by bit, Ruth has rebuilt 
her trust of people in positions of responsibility to the point where 
she came here to Washington and testified before the Veterans' Affairs 
Committee--a very brave woman.
  But there are thousands and thousands of Ruth Moores out there who 
have been fighting for their benefits for years or even for decades. As 
survivors of sexual assault, they have suffered and sacrificed enough. 
We can make the process of getting the benefits they are owed a little 
bit simpler.
  I urge my colleagues to support this important bill.

                              {time}  1250

  Mr. MILLER of Florida. I continue to reserve the balance of my time.
  Mr. MICHAUD. At this time, I yield 3 minutes to the gentlewoman from 
California (Mrs. Negrete McLeod).
  Mrs. NEGRETE McLEOD. Thank you, Ranking Member Michaud.
  Mr. Speaker, today, I rise in support of H.R. 671, the Ruth Moore Act 
of 2013.
  This bill specifies military sexual trauma as a type of stressor for 
posttraumatic stress disorder. This is an important step forward in 
assuring that the VA gives full consideration for disability claims 
originating from sexual violence committed against military personnel 
while they serve our country.
  As a cosponsor of H.R. 671 and as a member of the Military Sexual 
Assault Prevention Caucus, I believe we must support our veterans who 
may confront challenges upon returning to civilian life. This includes 
obtaining compensation for violence committed by a fellow 
servicemember.
  Mr. MILLER of Florida. Mr. Speaker, we are ready to close if the 
ranking member is ready as well, so I continue to reserve the balance 
of my time.
  Mr. MICHAUD. Mr. Speaker, I yield myself such time as I may consume.
  In closing, today, we can take a meaningful step to ensure the VA 
better serves veterans who were subject to sexual trauma while serving 
in our military. These veterans' disabilities were not the result of 
fire from the enemy, and they were not the result of injury incurred 
during training. They were the result of the armed services' continual 
failure to systematically address the culture of sexual assault in the 
military.
  This situation is unacceptable and unconscionable, and we must act. 
With this legislation, we hope to ensure that the VA helps these 
disabled veterans. We have a duty to make the lives of these men and 
women a little better. They never should have had to deal with these 
events in the service of our Nation anyway, so I encourage my 
colleagues to support this legislation.
  I also want to thank the chairman of the full committee and the 
chairman of the subcommittee and their staffs for their hard work in 
bringing this bill before the floor for us to vote on today. I know the 
committee staffs on both sides of the aisle have worked very hard to 
amend this bill so that it's acceptable to both sides of the aisle. I 
thank the chairman for all his hard efforts, not only on this 
legislation, but also on legislation as it affects veterans and their 
families throughout the country.
  With that, Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. MILLER of Florida. Mr. Speaker, I think the words speak for 
themselves as well as the comments that have been made here on the 
floor. I would just close with this: that I urge all of my colleagues 
to support the Ruth Moore Act. I support H.R. 671, as amended, and I 
yield back the balance of my time.
  Ms. BROWNLEY of California. Mr. Speaker, as Ranking Member of the 
House Veterans' Affairs Subcommittee on Health--and an original co-
sponsor of the bill--I would like to express my wholehearted support 
for H.R. 671 and to urge my colleagues to vote in favor of this 
critical legislation.
   I would also like to thank my colleague from Maine for introducing 
this important bill.
   It is absolutely intolerable for any servicemember to be subjected 
to sexual assault while serving in our nation's armed forces.
   It is also unacceptable that veterans are being denied treatment at 
the VA because they don't have adequate proof that the assault 
happened.
   Under existing VA policies, a lack of military documentation and 
inconsistencies among VA regional offices have resulted in veterans, 
like Ruth Moore, being denied disability benefits.
   For 23 years Ruth was told by the VA that she did not provide enough 
evidence proving the assault happened.
   Instead of receiving the high quality VA care and benefits she had 
earned immediately upon separation, she had to fight and wait for over 
two decades for benefits.
   Again, I urge my colleagues to vote for H.R. 671 to correct this 
injustice.
  Mrs. KIRKPATRICK. Mr. Speaker, I submit this statement in support of 
H.R. 671, the Ruth Moore Act of 2013, introduced by Rep. Chellie 
Pingree of Maine.
  This legislation makes it easier for veterans to receive benefits for 
disabilities (PTSD) that stem from sexual assaults. The Pentagon 
reports that the number of sexual assaults in the military has grown 
from 19,000 to 26,000 since last year. One in 3 servicewomen report 
having been sexually assaulted, but an estimated 86 percent of assaults 
are never reported.
  Our military is a source of great strength and national pride, and we 
should expect nothing less than the highest standards of conduct, from 
rank and file troops to the upper echelons of leadership.
  We must eradicate the criminal, violent acts of sexual assault, and 
we must remove institutional barriers that allow perpetrators to go 
unpunished and victims to be revictimized.
  I agree with the provision of H.R. 671, which asks the Department of 
Veterans Affairs to lower the burden of proof to receive benefits. 
Currently, servicewomen are required to provide secondary evidence to 
show that the trauma occurred--a burden not required for other combat-
related claims.
  Let's stand up for our brave servicewomen by building a better 
system--one that honors and affirms them as members of the mightiest 
military force on the globe.

[[Page H3032]]

  Ms. BROWN of Florida. Mr. Speaker, I rise today in support of H.R. 
671, Ruth Moore Act of 2013. This bill will right a wrong in our 
veterans' compensation process for those servicemembers suffering from 
military sexual trauma.
  One of the problems we have when trying to help veterans victimized 
by their superiors is lack of information about how often it happens 
and how many veterans are victims.
  This bill requires the VA to collect and report on many aspects of 
those who are suffering from MST, but are unable to get relief from the 
VA.
  The VA will be required to provide on a monthly basis its progress 
with regards to military sexual trauma of every veteran that has 
applied for benefits or has been treated at a VA facility. This update 
shall include: The three most common reasons for denial, the average 
time for completion of these claims, the average time for processing 
MST claims and how MST compares to other PTSD claims.
  We cannot know how to begin to treat and compensate victims of 
Military Sexual Trauma until we know more about this disability.
  I fully support this legislation and urge its passage by the House.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Florida (Mr. Miller) that the House suspend the rules 
and pass the bill, H.R. 671, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  The title was amended so as to read: ``A bill to amend title 38, 
United States Code, to direct the Secretary of Veterans Affairs to 
submit to Congress an annual report on claims for disabilities incurred 
or aggravated by military sexual trauma, and for other purposes.''.
  A motion to reconsider was laid on the table.

                          ____________________