[Congressional Record Volume 168, Number 85 (Wednesday, May 18, 2022)]
[House]
[Pages H5107-H5108]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DIGNITY FOR MST SURVIVORS ACT
Mr. TAKANO. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 6961) to amend title 38, United States Code, to improve
hearings before the Board of Veterans' Appeals regarding claims
involving military sexual trauma, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 6961
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. REQUIREMENT FOR TRAINING ON CLAIMS INVOLVING
MILITARY SEXUAL TRAUMA PRIOR TO ASSIGNMENT OF
CERTAIN PROCEEDINGS.
(a) Requirement.--Section 7102 of title 38, United States
Code, is amended by adding at the end the following new
subsection:
``(c)(1) The Secretary shall ensure that there is offered
to each member of the Board an annual training on military
sexual trauma and proceedings that concern a claim for
compensation based on military sexual trauma experienced by a
veteran.
``(2) A proceeding that concerns a claim specified in
paragraph (1) may not be assigned to an individual member of
the Board or to a panel of members unless the individual
member, or each member of the panel, as the case may be, has
completed the annual training most recently offered to that
member pursuant to such paragraph.
``(3) In this subsection, the term `military sexual trauma'
has the meaning given that term in section 1166(c) of this
title.''.
(b) First Training.--The Secretary of Veterans Affairs
shall ensure that each member of the Board of Veterans'
Appeals is offered the first annual training under section
7102(c) of title 38, United States Code, as amended by
subsection (a), by not later than 180 days after the date of
the enactment of this Act.
(c) Applicability.--The limitation under section 7102(c)(2)
of title 38, United States Code, as added by subsection (a),
shall apply with respect to the assignment of proceedings on
or after the date that is 180 days after the date of the
enactment of this Act.
SEC. 2. REVIEW OF LANGUAGE AND PRACTICES USED IN CONNECTION
WITH CLAIMS INVOLVING MILITARY SEXUAL TRAUMA.
(a) Board of Veterans' Appeals.--
(1) In general.--Section 7112 of title 38, United States
Code, is amended--
(A) by inserting ``(a) Remanded Claims.--'' before ``The
Secretary''; and
(B) by adding at the end the following new subsections:
``(b) Claims Involving Military Sexual Trauma.--The Board
shall promptly determine whether a notice of disagreement
filed with the Board is a covered case.
``(c) Definitions.--In this section:
``(1) The term `covered case' means a case--
``(A) that concerns a claim for compensation based on
military sexual trauma; and
``(B) for which the appellant has requested a hearing in
the notice of disagreement filed with the Board pursuant to
section 7105 of this title.
``(2) The term `military sexual trauma' has the meaning
given that term in section 1166 of this title.''.
(2) Clerical amendments.--
(A) Section heading.--The heading of such section is
amended by striking ``remanded'' and inserting ``certain''.
(B) Table of sections.--The table of sections at the
beginning of chapter 71 of such title is amended by striking
the item relating to section 7112 and inserting the
following:
``7112. Expedited treatment of certain claims.''.
(b) Audit and Modification of Denial Letters.--
(1) Requirement.--The Secretary of Veterans Affairs shall
conduct an audit of the language used in letters sent to
individuals to explain the decision by the Secretary to deny
covered claims. Not later than 180 days after the date of the
enactment of this Act, the Secretary shall modify the letters
to ensure that--
(A) the letters use trauma-informed language; and
(B) veterans are not re-traumatized through insensitive
language.
(2) Consultation.--The Secretary shall carry out paragraph
(1) in consultation with veterans service organizations and
other stakeholders as the Secretary determines appropriate.
(c) Examinations.--The Secretary shall establish protocols
for Department of Veterans Affairs medical providers and
contract medical providers to ensure that the medical
providers conduct examinations regarding covered claims using
trauma-informed practices.
(d) Definitions.--In this section:
(1) The term ``compensation'' has the meaning given that
term in section 101 of title 38, United States Code.
(2) The term ``contract medical provider'' means a medical
provider who contracts with the Department of Veterans
Affairs to provide a medical examination or a medical opinion
when such an examination or opinion is necessary to make a
decision on a claim under the laws administered by the
Secretary of Veterans Affairs.
(3) The term ``covered claim'' means a claim for
compensation based on military sexual trauma experienced by a
veteran.
(4) The term ``military sexual trauma'' has the meaning
given that term in section 1166 of title 38, United States
Code.
(5) The term ``trauma-informed'' means, with respect to
language or practices, using language or carrying out
practices in a manner that--
(A) is based on a knowledge of the awareness of the
prevalence and impact of trauma on the physical, emotional,
and mental health of an individual, the behaviors of the
individual, and the engagement by the individual to services;
(B) is aimed at ensuring environments and services are
welcoming and engaging to the individual who receives such
services and the staff who provide such services; and
(C) ensures that the language or practices do not
retraumatize the individual.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
California (Mr. Takano) and the gentleman from Illinois (Mr. Bost) each
will control 20 minutes.
The Chair recognizes the gentleman from California.
General Leave
Mr. TAKANO. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
include extraneous material on H.R. 6961, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from California?
There was no objection.
Mr. TAKANO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in strong support of H.R. 6961, as amended, the
Dignity for MST Survivors Act, introduced by Representative Mrvan.
The importance of caring for veterans who have experienced military
sexual trauma cannot be overstated. By virtue of the bill's name,
Representative Mrvan seeks to ensure that MST survivors are given the
respect and honor they deserve.
Words have meaning and power, and how we discuss MST can be
retraumatizing for survivors. Careful thought must be given to the way
in which the VA communicates with veterans who have MST claims. This
bill takes great
[[Page H5108]]
care to address the language included in claims denial letters so
veterans are not retraumatized when receiving what may be troubling
news. This legislation requires the VA to consult with stakeholders to
identify the appropriate language to include in these letters.
Additionally, the Board of Veterans' Appeals does significant work,
including the processing of appeals for MST. Given the extremely
sensitive nature of these claims, board members must be adequately
trained to review these cases. Therefore, this legislation includes an
annual training element and requires that if board members do not meet
this annual training requirement, they will not be assigned MST cases.
As has been noted in other MST-related bills, the training and
development of contract medical providers is essential to conducting
MST compensation exams.
This bill will require these medical providers to use the most up-to-
date, trauma-informed protocols while working with veterans seeking MST
claims.
While it is my understanding that most MST claim exams are being
outsourced to contract providers, I appreciate the changes to the
introduced text that will require the same training for contract
providers and in-house VA providers.
As such, I supported the amendment by Ranking Member Bost to clarify
this issue during committee consideration.
Mr. Speaker, I urge my colleagues to support this vital legislation,
and I reserve the balance of my time.
Mr. BOST. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of H.R. 6961, the Dignity for
MST Survivors Act, which was introduced by Congressman Mrvan, the
chairman of the Subcommittee on Technology Modernization.
All veterans should receive an accurate decision the first time they
file a claim, especially if the claim is related to MST. If the VA must
deny that claim, this should be communicated in a compassionate manner.
Moreover, the VA disability examiners should be sensitive to the
needs of our veterans who are undergoing an exam for a condition
related to MST.
This bill would make several improvements to the MST claims process,
including enhancing training on MST for adjudicators at the Board of
Veterans' Appeals; improving decision notices for claims related to
MST; and, requiring the VA to establish standards to ensure that
disability examiners perform exams related to MST using trauma-informed
practices.
Mr. Speaker, I urge my colleagues to support this bill, and I reserve
the balance of my time.
Mr. TAKANO. Mr. Speaker, I yield 3 minutes to the gentleman from
Indiana (Mr. Mrvan), my good friend and author of this legislation, who
serves as the chairman of the Subcommittee on Technology Modernization
on the Veterans' Affairs Committee.
Mr. MRVAN. Mr. Speaker, I am proud to rise in support of the Dignity
for MST Survivors Act, legislation I was proud to introduce and
collaborate with Chairman Takano, Chairwoman Luria, and my other
colleagues to address longstanding issues regarding the treatment of
survivors of military sexual trauma.
I also thank the Veterans of Foreign Wars, the Paralyzed Veterans of
America, The American Legion, and the Wounded Warrior Project for their
endorsements of this legislation.
The Dignity for MST Survivors Act seeks to support and affirm
veterans who experienced sexual trauma during their military service as
they navigate the Board of Veterans' Appeals claims appeal process.
According to the data collected by the Department of Veterans
Affairs, an unconscionable 1 in 3 of our brave women veterans and 1 in
50 male veterans report having experienced sexual assault or sexual
harassment.
Such traumatic events often have lasting impacts on these
individuals' physical and mental health, placing MST survivors at
heightened risk for depression, post-traumatic stress disorder, and
other debilitating conditions.
Despite these clear treatment needs, many MST survivors face
significant difficulty in accessing healthcare and disability benefits
from the VA.
In August 2021, an investigation released by the VA's Office of the
Inspector General found that an astounding 57 percent of denied MST
claims were improperly processed by the VA, in part due to claims
processors' lack of MST training.
Multiple veterans service organizations report that the BVA has
proven similarly ill-equipped to deal with appeals of denied MST claims
and that the current claims appeal process has the unfortunate
potential to retraumatize MST survivors.
While the VA has taken steps in the right direction, more must be
done to improve the claims appeal experience, show compassion, and
safeguard the dignity of MST survivors.
I urge my colleagues to support this legislation in order to ensure
MST survivors are not retraumatized at any point in their effort to
obtain the world-class healthcare and disability benefits to which they
are entitled.
Mr. BOST. Mr. Speaker, I encourage my colleagues to support this
bill, and I yield back the balance of my time.
Mr. TAKANO. Mr. Speaker, I urge all of my colleagues to join me in
passing H.R. 6961, as amended, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from California (Mr. Takano) that the House suspend the rules
and pass the bill, H.R. 6961, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. HICE of Georgia. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3(s) of House Resolution
8, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this motion
are postponed.
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