[House Report 113-63]
[From the U.S. Government Publishing Office]
113th Congress Report
} HOUSE OF REPRESENTATIVES {
1st Session } { 113-63
======================================================================
RUTH MOORE ACT OF 2013
_______
May 17, 2013.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Miller of Florida, from the Committee on Veterans' Affairs,
submitted the following
R E P O R T
[To accompany H.R. 671]
[Including cost estimate of the Congressional Budget Office]
The Committee on Veterans' Affairs, to whom was referred
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, having considered the same, report favorably thereon
with amendments and recommend that the bill as amended do pass.
CONTENTS
Page
Amendment........................................................ 2
Purpose and Summary.............................................. 4
Background and Need for Legislation.............................. 4
Hearings......................................................... 5
Subcommittee Consideration....................................... 6
Committee Consideration.......................................... 6
Committee Votes.................................................. 6
Committee Oversight Findings..................................... 7
Statement of General Performance Goals and Objectives............ 7
New Budget Authority, Entitlement Authority, and Tax Expenditures 7
Earmarks and Tax and Tariff Benefits............................. 7
Committee Cost Estimate.......................................... 7
Congressional Budget Office Estimate............................. 7
Federal Mandates Statement....................................... 11
Advisory Committee Statement..................................... 11
Constitutional Authority Statement............................... 11
Applicability to Legislative Branch.............................. 11
Statement on Duplication of Federal Programs..................... 11
Disclosure of Directed Rulemaking................................ 11
Section-by-Section Analysis of the Legislation................... 12
Changes in Existing Law Made by the Bill as Reported............. 13
Amendment
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
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.
(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''.
Amend the title 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.
Purpose and Summary
H.R. 671 was introduced on February 13, 2013, by
Representative Chellie Pingree of Maine. H.R. 671, as amended,
would require the Department of Veterans Affairs (VA) to
annually report to Congress on disability benefits claims
submitted for covered mental health conditions alleged to have
been incurred or aggravated by military sexual trauma, for the
period 2014 through 2018. H.R. 671, as amended, expresses the
sense of Congress as to VA's need to update and improve its
regulations with regard to military sexual trauma, and would
require certain reporting to Congress and to veteran claimants
on a monthly basis starting fifteen months after the enactment
of H.R. 671, as amended. Such reporting requirements would last
until the Secretary updates and improves VA's regulations as to
military sexual trauma. H.R. 671, as amended, would also extend
the current authority to round down to the nearest whole dollar
percentage increases of rates of certain educational assistance
benefits following annual cost-of-living adjustments.
Background and Need for Legislation
Section 1. Short Title
The Ruth Moore Act of 2013
Section 2. Reports on Claims for Disabilities Incurred or Aggravated by
Military Sexual Trauma
VA's current regulation on post-traumatic stress disorder
(PTSD), as it pertains to in-service military sexual trauma
(MST) cases, is not effective. The regulation, found at 38
C.F.R. 3.303(f)(5), purports to reduce the burden for veterans
to prove these claims. However, in practice, this has not
happened. Furthermore, to date, VA has not taken adequate
action to ensure that the full range of physical and mental
disabilities that result from MST are properly addressed in the
disability benefits claims process, including depression,
anxiety, and other conditions as indicated in the Diagnostic
and Statistical Manual of Mental Disorders published by the
American Psychiatric Association.
From 2008 to 2010, VA approved over 50 percent of PTSD
claims related to combat, but approved barely 35 percent of
PTSD claims related to in-service personal assault. Several
factors have complicated the process for MST survivors as they
seek disability compensation. First, the vast majority of
sexual assaults in the military are not reported, and even
those that are reported are often not prosecuted. As a result,
many survivors of MST have found it hard to prove that an
assault, the stressor, occurred. The precipitating events of
MST are often unrecorded in a servicemember's medical records
or in-service department records, which is particularly the
case for incidents of sexual assault while on active duty. In
2011, the Pentagon estimated that about 19,000 male and female
servicemembers were sexually assaulted, yet less than 14
percent of these crimes were reported. Additionally, PTSD cases
have posed significant problems for VA because this disability,
by its nature, often has a delayed onset.
In addition to the complicated nature specific to MST
reporting and onset of resultant medical conditions, current VA
policy allows so-called ``secondary markers'' to be considered
as evidence of an assault; however, VA has been inconsistent in
applying this policy.
While victims of in-service personal assaults are often
fearful to report the crime, this fear is especially likely
when the assailant is a superior within the military chain of
command. Additionally, even when the assailant is not the
victim's superior, active duty reporting of assault remains
problematic. The nature of military service has discouraged
reporting both implicitly as well as explicitly. Even when the
servicemember does make a report of the assault, these reports
are rarely documented or associated with the veteran's service
records.
Ruth Moore's case, the individual of whom this Act's title
is derived, is the epitome of how these specialized claims drag
on and slow down the system. Ms. Moore had to continually fight
VA for twenty-three years in order to obtain her rightful
benefits. Throughout her struggles, she was suffering from
depression and a sexually transmitted disease that she
contracted from her attacker. Ms. Moore had the benefit of
purportedly relaxed requirements of 38 C.F.R. 3.304(f)(5), yet
it was not until 2009 that VA finally awarded her claim.
It is of the utmost importance that VA expediently act to
update and improve its regulations, including recognition of
the full range of disorders implicated within MST claims. Study
of the armed services emphasizes that MST is a growing problem
in the military; VA must take proactive steps to ensure fair
and thorough review of claims submitted under MST. Furthermore,
VA must ensure that it succeeds in consistent and integrated
application of its regulations to the disability benefits
claims of survivors of MST. While this measure cannot put an
end to MST, as it is the responsibility of the Department of
Defense to aggressively combat this heinous and disgraceful
crime in military service, H.R. 671 will serve to provide
relief to those veterans who are suffering from a disability as
a result of MST.
Section 3. Extension of rounding down of percentage increases of rates
of certain educational assistance
Finally, section 3015(h)(2) and 3564(b) of title 38, United
States Code, requires that any increase in educational
assistance rates under the Montgomery GI Bill or the Survivors'
and Dependents' Educational Assistance Program be rounded down
to the next lower whole dollar amount. This authority expires
at the end of fiscal year 2013 and H.R. 671, as amended, would
extend this authority through fiscal year 2018.
Hearings
On April 16, 2013, the Subcommittee on Disability
Assistance and Memorial Affairs conducted a legislative hearing
on various bills introduced during the 113th Congress,
including H.R. 671. The following witnesses testified at the
hearing:
The Honorable Bill Johnson, U.S. House of Representatives; The
Honorable Chellie Pingree, U.S. House of Representatives; The
Honorable Timothy Walz, U.S. House of Representatives; Mr. Jeff
Hall, Assistant National Legislative Director, Disabled
American Veterans; Mr. Raymond Kelley, Director of National
Legislative Service, Veterans of Foreign Wars; Colonel Robert
F. Norton, USA (Ret.), Deputy Director of Government Relations,
Military Officers Association of America; Heather Ansley, Esq.,
MSW, Vice President of Veterans Policy, VetsFirst, a program of
United Spinal Association; Mr. Michael D. Murphy, Executive
Director, National Association of County Veterans Service
Officers; Mr. Richard Hipolit, Assistant General Counsel, U.S.
Department of Veterans Affairs; Mr. David R. McLenachen,
Director, Pension and Fiduciary Service, U.S. Department of
Veterans Affairs, accompanied by Ms. Mary Ann Flynn, Deputy
Director, Policy and Procedures, Compensation Service, U.S.
Department of Veterans Affairs. The following groups submitted
statements for the record: The American Legion; Iraq and
Afghanistan Veterans of America; National Organization of
Veterans Advocates; and Wounded Warrior Project.
Subcommittee Consideration
On April 25, 2013, the Subcommittee on Disability
Assistance and Memorial Affairs met in an open markup session,
a quorum being present, and favorably forwarded to the full
Committee H.R. 671, as amended, by voice vote.
During consideration of H.R. 671 the following amendment
was considered and agreed to by voice vote:
An amendment in the nature of a substitute offered by
Ms. Titus of Nevada that modified the bill to remove
provisions setting a legal standard of proof for claims
based on military sexual trauma and directed VA to
update and improve its regulations on military sexual
trauma within 180 days, was agreed to by voice vote.
Committee Consideration
On May 8, 2013, the full Committee met in an open markup
session, a quorum being present, and ordered H.R. 671, as
amended, reported favorably to the House of Representatives, by
voice vote. During consideration of the bill, the following
amendment was considered:
An amendment in the nature of a substitute, by Mr.
Michaud of Maine, which removed the 180-day deadline
for update and improvement of VA's regulations as to
MST and required, after the passage of fifteen months
from date of enactment, additional VA reporting on a
monthly basis to veteran claimants and Congress, until
such time as VA's updated regulations are implemented,
and added section 3, which extended the current
authority to round down of percentage increases of
rates of certain educational assistance, was agreed to
by voice vote.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the recorded
votes on the motion to report the legislation and amendments
thereto. There were no recorded votes taken on amendments or in
connection with ordering H.R. 671, as amended, reported to the
full House. A motion by Ranking Member Michael H. Michaud of
Maine to order H.R. 671, as amended, reported favorably to the
full House was agreed to by voice vote.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.
Statement of General Performance Goals and Objectives
In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives are reflected in the descriptive portions
of this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee adopts as its
own the estimate of new budget authority, entitlement
authority, or tax expenditures or revenues contained in the
cost estimate prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
Earmarks and Tax and Tariff Benefits
H.R. 671, as amended, does not contain any Congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI of the Rules of the House of
Representatives.
Committee Cost Estimate
The Committee adopts as its own the cost estimate on H.R.
671, as amended, prepared by the Director of the Congressional
Budget Office pursuant to section 402 of the Congressional
Budget Act of 1974.
Congressional Budget Office Cost Estimate
Pursuant to clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the following is the cost estimate
for H.R. 671, as amended, provided by the Congressional Budget
Office pursuant to section 402 of the Congressional Budget Act
of 1974.
U.S. Congress,
Congressional Budget Office,
Washington, DC, May 16, 2013
Hon. Jeff Miller,
Chairman, Committee on Veterans' Affairs,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 671, the Ruth
Moore Act of 2013.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Dwayne M.
Wright.
Sincerely,
Douglas W. Elmendorf,
Director.
Enclosure.
H.R. 671--Ruth Moore Act of 2013
Summary: H.R. 671 would extend provisions of current law
that require increases in monthly rates of certain education
assistance be rounded down to the next lower whole dollar. The
bill would also require the Department of Veterans Affairs (VA)
to submit annual reports about disability claims for military
sexual trauma (MST) to the Congress and to veterans who file
MST claims. CBO estimates that enacting H.R. 671 would reduce
direct spending by $15 million over the 2014-2023 period. Also,
CBO estimates that implementing H.R. 671 would have a
discretionary cost of $4 million over the 2014-2018 period,
subject to the availability of appropriated amounts.
Pay-as-you-go procedures apply because enacting the
legislation would affect direct spending. Enacting the bill
would have no effect on revenues.
H.R. 671 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA).
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 671 is shown in the following table.
The costs of this legislation fall within budget function 700
(veterans benefits and services).
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------------------------------------------
2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2014-2018 2014-2023
--------------------------------------------------------------------------------------------------------------------------------------------------------
CHANGES IN DIRECT SPENDING
Estimated Budget Authority.................................. * -1 -1 -1 -2 -2 -2 -2 -2 -2 -5 -15
Estimated Outlays........................................... * -1 -1 -1 -2 -2 -2 -2 -2 -2 -5 -15
--------------------------------------------------------------------------------------------------------------------------------------------------------
* = less than $500,000.
Notes: In addition to the budgetary effects shown above, H.R. 671 would have a discretionary cost of $4 million over the 2014-2018 period, subject to
appropriation of the necessary amounts.
Basis of estimate:
Direct spending: Under current law, the rates of certain
monthly benefits paid under the Montgomery G.I. Bill and
Survivors' and Dependents' Educational Assistance programs are
increased annually by specified economic indices. Section 3 of
H.R. 671 would extend for five years two provisions of law that
require those increases to be rounded down to the next lower
whole dollar. Those two provisions are both currently due to
expire at the end of fiscal year 2013. Based on projections of
the number of beneficiaries and payments made each year, CBO
estimates that enacting section 3 would reduce direct spending
by $15 million over the 2014-2023 period.
Spending subject to appropriation: Section 2 would require
VA to submit annual reports through 2018 to the Congress
detailing the number of MST claims for disability benefits
approved and denied, the number of claims pending and on
appeal, and the average number of days it takes to process such
claims. The required reports also would include information on
any training VA provides to its employees for handling MST
claims. In addition to mandating such reports to the Congress,
section 2 would require VA to provide the annual reports to
every veteran who has submitted a claim or been treated at a VA
medical facility because of MST until such time as VA updates
its regulations for adjudicating those claims. VA also would be
required to submit monthly reports to each veteran who has
submitted a claim or been treated at a VA facility for such
trauma detailing information on VA's monthly tracking,
approval, and denial of claims relating to MST. Finally, VA
would be required to place such information on its website.
CBO estimates that subject to the availability of
appropriated funds, implementing section 2 would have an
insignificant cost in 2014 and would cost $1 million a year
thereafter, for a total of $4 million over the 2014-2018
period.
Pay-as-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. The net changes in outlays that are subject to those
pay-as-you-go procedures are shown in the following table.
CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 671 AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON VETERANS' AFFAIRS ON MAY 8, 2013
--------------------------------------------------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-------------------------------------------------------------------------------------------------------------
2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 2023 2013-2018 2013-2023
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET DECREASE (-) IN THE DEFICIT
Statutory Pay-As-You-Go Impact............ 0 0 -1 -1 -1 -2 -2 -2 -2 -2 -2 -5 -15
--------------------------------------------------------------------------------------------------------------------------------------------------------
Intergovernmental and private-sector impact: H.R. 671
contains no intergovernmental or private-sector mandates as
defined in UMRA and would not affect the budgets of state,
local, or tribal governments.
Estimate prepared by: Federal Costs: William Ma--Rate
Adjustment; Dwayne M. Wright--Reports. Impact on State, Local,
and Tribal Governments: Lisa Ramirez-Branum; Impact on the
Private Sector: Elizabeth Bass.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates regarding H.R. 671, as amended, prepared by the
Director of the Congressional Budget Office pursuant to section
423 of the Unfunded Mandates Reform Act.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act would be created by H.R.
671, as amended.
Statement of Constitutional Authority
Pursuant to Article I, section 8 of the United States
Constitution, the reported bill is authorized by Congress'
power to ``provide for the common Defense and general Welfare
of the United States.''
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Statement on Duplication of Federal Programs
Pursuant to section 3(j) of H. Res. 5, 113th Cong. (2013),
the Committee finds that no provision of H.R.671, as amended,
the ``Ruth Moore Act of 2013,'' establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
Disclosure of Directed Rulemaking
Pursuant to section 3(k) of H. Res. 5, 113th Cong. (2013),
the Committee estimates that H.R. 671, as amended, does not
require any directed rule makings.
Section-by-Section Analysis of the Legislation
Section 1. Short title
This section provides the short title of H.R. 671, as
amended, as the ``Ruth Moore Act of 2013.''
Section 2. Reports on claims for disabilities incurred or aggravated by
military sexual trauma
Section 2(a) would require the Secretary to annually report
to Congress each year from 2014 through 2018 on disability
claims submitted during the previous fiscal year that were
based on a covered mental health condition alleged to have been
incurred or aggravated by military sexual trauma. Section 2(a)
would define ``covered claims,'' ``covered mental health
condition,'' and ``military sexual trauma'' and would enumerate
the specific contents required of the report.
Section 2(b) would express the sense of Congress that the
Secretary should update and improve VA's regulations with
respect to military sexual trauma by ensuring that military
sexual trauma is specified as an in-service stressor, and by
recognizing the full range of physical and mental disabilities
resultant per the American Psychiatric Association's
publications.
Section 2(c) would provide that, for the period starting
fifteen months after passage of the Act and lasting until the
Secretary publishes updated and improved regulations, the
Secretary must provide the report that is provided to Congress
to each veteran who has submitted a covered claim or been
treated for military sexual trauma at a medical facility of the
Department. Section 2(c) would require the Secretary to provide
a monthly update on VA's progress on regulation amendment and
enumerated information on related claims processing to each
veteran who has submitted any claim for disability compensation
or been treated at a medical facility of VA. Section 2(c) would
also provide that for the period starting fifteen months after
passage of the Act, and lasting until the Secretary publishes
updated and improved regulations, VA must provide on a monthly
basis: information to veterans who have submitted claims or
have been treated in regards to military sexual trauma; provide
information to all veterans who have utilized the VA for
benefits or healthcare; provide all of the requested reporting
requirements on a prominent location, on the home page, of the
VA's primary website; and provide a report to Congress with
enumerated information on the disposition of each month's
covered claims.
Section 2(d) would define ``covered claim'' and ``military
sexual trauma,'' as added by Section 2(a).
Section 3. Extension of rounding down of percentage increases of rates
of certain educational assistance
Section 3(a) would extend the rounding down of percentage
increases of rates of the Montgomery GI Bill by five years,
from the end of fiscal year 2013 through fiscal year 2018.
Section 3(b) would extend the rounding down of percentage
increases of rates of Survivors' and Dependents' Educational
Assistance by five years, from fiscal year 2014 through fiscal
year 2018.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
TITLE 38, UNITED STATES CODE
* * * * * * *
PART II--GENERAL BENEFITS
* * * * * * *
CHAPTER 11--COMPENSATION FOR SERVICE-CONNECTED DISABILITY OR DEATH
SUBCHAPTER I--GENERAL
Sec.
1101. Definitions.
* * * * * * *
SUBCHAPTER VI--GENERAL COMPENSATION PROVISIONS
* * * * * * *
1164. Reports on claims for disabilities incurred or aggravated by
military sexual trauma.
* * * * * * *
SUBCHAPTER VI--GENERAL COMPENSATION PROVISIONS
* * * * * * *
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.
* * * * * * *
PART III--READJUSTMENT AND RELATED BENEFITS
* * * * * * *
CHAPTER 30--ALL-VOLUNTEER FORCE EDUCATIONAL ASSISTANCE PROGRAM
* * * * * * *
SUBCHAPTER II--BASIC EDUCATIONAL ASSISTANCE
* * * * * * *
Sec. 3015. Amount of basic educational assistance
(a) * * *
* * * * * * *
(h)(1) * * *
(2) Any increase under paragraph (1) in a rate with respect
to a fiscal year after fiscal year 2004 and before [fiscal year
2014] fiscal year 2019 shall be rounded down to the next lower
whole dollar amount. Any such increase with respect to a fiscal
year after [fiscal year 2013] fiscal year 2018 shall be rounded
to the nearest whole dollar amount.
* * * * * * *
CHAPTER 35--SURVIVORS' AND DEPENDENTS' EDUCATIONAL ASSISTANCE
* * * * * * *
SUBCHAPTER VI--MISCELLANEOUS PROVISIONS
* * * * * * *
Sec. 3564. Annual adjustment of amounts of educational assistance
(a) * * *
(b) Any increase under subsection (a) in a rate with respect
to a fiscal year after fiscal year 2004 and before [fiscal year
2014] fiscal year 2019 shall be rounded down to the next lower
whole dollar amount. Any such increase with respect to a fiscal
year after [fiscal year 2013] fiscal year 2018 shall be rounded
to the nearest whole dollar amount.
* * * * * * *