[Congressional Record Volume 163, Number 127 (Thursday, July 27, 2017)]
[Senate]
[Pages S4458-S4459]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 448. Mr. TESTER (for himself, Mrs. McCaskill, Mr. Franken, Mrs.
Murray, and Mr. Blumenthal) submitted an amendment intended to be
proposed by him to the bill H.R. 2810, to authorize appropriations for
fiscal year 2018 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, insert the following:
TITLE __--SERVICEMEMBERS AND VETERANS EMPOWERMENT AND SUPPORT
SEC. ___. SHORT TITLE.
This title may be cited as the ``Servicemembers and
Veterans Empowerment and Support Act of 2017''.
SEC. ___. EXPANSION OF COVERAGE BY THE DEPARTMENT OF VETERANS
AFFAIRS OF COUNSELING AND TREATMENT FOR SEXUAL
TRAUMA.
(a) Coverage of Cyber Harassment of a Sexual Nature.--
Paragraph (1) of section 1720D(a) of title 38, United States
Code, is amended by inserting ``cyber harassment of a sexual
nature,'' after ``battery of a sexual nature,''.
(b) Expansion of Availability for Members of the Armed
Forces.--Paragraph (2)(A) of such section is amended--
(1) by striking ``on active duty''; and
(2) by inserting ``that was suffered by the member while
serving on active duty, active duty for training, or inactive
duty training'' before the period at the end.
SEC. ___. 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 their 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, cyber harassment of a sexual nature, or
sexual harassment which occurred during active military,
naval, or air service.''.
(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 post-traumatic stress disorder
based on a physical assault of a sexual nature, battery of a
sexual nature, cyber harassment of a sexual nature, or sexual
harassment 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 an
assault, battery, or harassment described in subsection
(a)(1) 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 an assault, battery, or harassment described in
subsection (a)(1) 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
[[Page S4459]]
this chapter for a post-traumatic stress disorder that is
based on an assault, battery, or harassment described in
subsection (a)(1) without first--
``(1) advising the veteran that evidence described in
subsections (a) and (b) may constitute credible corroborating
evidence of the assault, battery, or harassment; 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 an assault,
battery, or harassment described in subsection (a)(1)
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.''.
(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, 2018, 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
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)(3) 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. 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. ___. INFORMATION FOR MEMBERS OF THE ARMED FORCES
REGARDING AVAILABILITY OF SERVICES AT VET
CENTERS.
(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 Vet Centers.
(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 Vet Centers.
(c) 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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