[Congressional Record Volume 161, Number 119 (Monday, July 27, 2015)]
[House]
[Pages H5517-H5519]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                         RUTH MOORE ACT OF 2015

  Mr. MILLER of Florida. Mr. Speaker, I move to suspend the rules and 
pass the bill (H.R. 1607) 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. 1607

       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 2015''.

     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, 2015, and each 
     year thereafter through 2019, 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 2015.
       (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

[[Page H5518]]

     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.
       (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. LIMITATION ON AWARDS AND BONUSES PAID TO SENIOR 
                   EXECUTIVE EMPLOYEES OF DEPARTMENT OF VETERANS 
                   AFFAIRS.

       Section 705 of the Veterans Access, Choice, and 
     Accountability Act of 2014 (Public Law 113-146; 38 U.S.C. 703 
     note) is amended by striking the period at the end and 
     inserting the following: ``, of which, during fiscal years 
     2016 through 2018, not more than an aggregate amount of 
     $2,000,000 in each such fiscal year may be paid to employees 
     of the Department of Veterans Affairs who are members of the 
     Senior Executive Service.''.

  The SPEAKER pro tempore (Mr. Costello of Pennsylvania). Pursuant to 
the rule, the gentleman from Florida (Mr. Miller) and the gentlewoman 
from Nevada (Ms. Titus) 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 to add any extraneous material that they may have on H.R. 
1607, 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. Mr. Speaker, I yield myself such time as I may 
consume.
  I urge all Members to support H.R. 1607, as amended, which would help 
veterans who are seeking benefits for conditions that arose as a result 
of military sexual trauma, or MST.
  Tragically, MST has been a serious problem in the U.S. military; 
although, in recent years, the DOD has been taking steps to reduce 
these assaults. We owe it to our veterans who are subject to personal 
assaults during their military service to ensure that the VA 
expeditiously and accurately processes mental health claims for 
conditions related to MST, such as depression, anxiety, or PTSD.
  Several factors complicate the process for veterans who seek 
disability compensation for mental health conditions that might arise 
from MST. The vast majority of sexual assaults in the military are not 
reported, and even fewer cases are actually prosecuted. As a result, 
many veterans find it hard to prove that the assaults actually 
occurred; therefore, service connection is often difficult to 
establish.
  H.R. 1607, as amended, which was introduced by Representative 
Pingree, would also express the sense of Congress that the VA should 
update and improve its regulations with respect to MST.
  Although current VA regulations purport to reduce the burden of proof 
for veterans who file claims for PTSD, in practice, the VA claims 
processors do not use the broader standard of evidence when 
adjudicating claims related to MST. Moreover, these regulations do not 
address mental health conditions, with the exception of PTSD, that 
might arise as a result of military sexual trauma.
  To help Congress conduct better oversight of the VA's processing of 
MST claims, H.R. 1607, as amended, would require the VA to submit 
annual reports through 2019. These reports would provide certain data, 
including the number of military sexual trauma claims approved. The VA 
would also be required to provide the three most common reasons the 
Department denies such claims.
  Until the VA updates and improves its regulations with respect to MST 
claims, the Department would be required to provide each veteran who 
has submitted an MST claim or has been treated for MST with a copy of 
the report most recently submitted to Congress. The VA would have to 
provide monthly updates on the status of the changes to the regulations 
to both Congress and the veterans who are affected.
  Finally, H.R. 1607, as amended, would limit awards and bonuses paid 
to the VA employees who are members of the Senior Executive Service to 
not more than an aggregate of $2 million for each of the next 3 years.
  I reserve the balance of my time.
  Ms. TITUS. Mr. Speaker, I yield myself such time as I may consume.
  I rise in support of H.R. 1607, as amended, the Ruth Moore Act of 
2015.
  This very important legislation, which was introduced by my friend, 
Representative Chellie Pingree of Maine, seeks to improve services for 
the men and women who have been the victims of military sexual trauma. 
In particular, this legislation sends a loud and clear message to the 
VA by requiring the Department to update its regulations to better 
serve veterans affected by MST.
  Current VA regulations related to MST are outdated and do not reflect 
the needs of those who have lived through such awful experiences. The 
VA's existing policy is to update regulations periodically as they see 
fit. However, information we have received indicates that the VA needs 
to do more for these veterans.
  Recently, the VA revised their regulations in order to do the right 
thing for veterans exposed to Agent Orange on aircraft, which will 
result in better health care and benefits for those veterans who are 
suffering from exposure to the toxin. We now expect the VA to do the 
same thing for the men and women affected by military sexual trauma. 
They, too, deserve the proper health care and adequate benefits. They 
deserve them today, not tomorrow.
  As we provide for the victims of MST, however, we must also work on 
ways to both eliminate it from our armed services and change the 
culture of the military.
  I reserve the balance of my time.
  Mr. MILLER of Florida. Mr. Speaker, I have no further requests for 
time, and I reserve the balance of my time.
  Ms. TITUS. Mr. Speaker, I yield 3 minutes to the gentlewoman from 
Maine (Ms. Pingree).

                              {time}  1945

  Ms. PINGREE. Mr. Speaker, I thank the gentlewoman for yielding and 
for her great work on this issue.
  I also want to thank Chairman Miller, Chairman Abraham, Ranking 
Member Brown, and my good friend, Ranking Member Titus, for all their 
work on this piece of bipartisan legislation. I think it is clear this 
committee is truly working for our Nation's veterans.
  Mr. Speaker, almost every day I hear from another veteran who is the 
survivor of sexual assault in the military,

[[Page H5519]]

men and women of all ages and from every branch of the service.
  I have heard from survivors of sexual assault from World War II, the 
war in Afghanistan, and every conflict in every era in between. There 
are veterans who are suffering from PTSD because they were sexually 
assaulted, and they are not being treated fairly.
  With this bill, we are fighting to hold the VA accountable and making 
sure that they are following through on their promises.
  The VA has acknowledged that PTSD from combat is a real injury and 
needs to be treated that way, and it should be the same for those who 
suffer from PTSD from sexual assault.
  A Pentagon report showed 19,000 women and men were sexually assaulted 
in the military just last year, but only about a quarter of those 
assaults were reported and even fewer ended up with a prosecution.
  I am glad the Defense Department and the VA has increased training 
and prevention efforts around rape and harassment, but let me be clear. 
As you have already heard, the problem is not fixed.
  Survivors of sexual assault have been blamed and harassed, crimes 
have been covered up, and survivors themselves have been the subject of 
further harassment and recrimination. In the latest Pentagon report, 62 
percent of the individuals who reported sexual assault have also 
reported retaliation.
  Mr. Speaker, I want to talk for a minute about a very brave woman, 
Ruth Moore, a veteran from Maine and the person who we named this bill 
for.
  Ruth fought for 23 years before she was finally given the benefits we 
owed her. When I met her in my office in Maine 4 years ago, she could 
barely tell her story.
  Bit by bit, she has rebuilt her trust of people in positions of 
responsibility to the point where she is able to tell her story 
publicly. There are thousands and thousands of Ruth Moores out there 
who have been fighting for their benefits for years or even decades.
  The Ruth Moore Act of 2015 is an important next step in ensuring that 
the VA treats these veterans fairly. To be clear, this bill does not 
create any new benefits for survivors of sexual assault or give special 
treatment to the survivors of sexual assault. This bill just tries to 
level the playing field, to hold the VA accountable, and ensure these 
veterans are treated fairly.
  We were able to pass this bill in the last Congress, and I urge my 
colleagues to do so again this time around. This issue is too 
important. It cannot be ignored.
  Mr. MILLER of Florida. I reserve the balance of my time.
  Ms. TITUS. Mr. Speaker, I yield 3 minutes to the gentlewoman from 
Massachusetts (Ms. Tsongas).
  Ms. TSONGAS. Mr. Speaker, I rise in support of the Ruth Moore Act. In 
2012, 1 in 5 female and 1 in 100 male veterans told the VA that they 
had experienced sexual abuse while serving in the military.
  Yet, despite egregious prevalence of sexual abuse in the military, it 
remains difficult for veterans to receive disability benefits as a 
result of their military sexual trauma.
  In 2013, the Service Women's Action Network, the Yale Law School 
Veterans Legal Services Clinic, the ACLU, and the ACLU of Connecticut 
released a report that shows that veterans who experienced sexual 
assault have their benefits claims denied more often than veterans with 
other types of PTSD claims.
  The report also found the rate of granting these claims varied 
greatly, depending upon the VA regional office.
  The St. Paul, Minnesota, office granted only 26 percent of the MST 
claims they received, while the office in Los Angeles granted more than 
88 percent of the claims they received.
  Last year the U.S. Government Accountability Office backed up these 
findings. GAO found approval rates ranged from 14 percent to 88 percent 
at different regional offices.
  The GAO also found that some medical examiners examining these claims 
required more evidence than others to establish these claims.
  The Ruth Moore Act we are considering today would require that the VA 
report data on military sexual trauma claims to Congress.
  While this reporting is a good step forward and could lead to more 
consistency and transparency in claims processing, I am disappointed 
that we are not considering Representative Pingree's original bill, 
which would have also made it easier for survivors of military sexual 
trauma to make their case and made the claims process more uniform.
  This bill is named after Ruth Moore, a Maine constituent of 
Representative Pingree who spent more than 20 years fighting for her 
own benefits. Other survivors should not be made to repeat her battle.
  I urge passage of this bill.
  Mr. MILLER of Florida. I reserve the balance of my time.
  Ms. TITUS. Mr. Speaker, I have no further speakers at this time. So I 
would just simply urge my colleagues to support passage of the Ruth 
Moore Act of 2015, H.R. 1607, as amended, and to provide support to the 
victims of MST who have so bravely served our Nation.
  I yield back the balance of my time.
  Mr. MILLER of Florida. Mr. Speaker, I urge all Members to support 
H.R. 1607, as amended.
  I yield back the balance of my time.
  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. 1607, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________