[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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