[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1607 Referred in Senate (RFS)]
114th CONGRESS
1st Session
H. R. 1607
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 28, 2015
Received; read twice and referred to the Committee on Veterans' Affairs
_______________________________________________________________________
AN ACT
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.
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 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.''.
Passed the House of Representatives July 27, 2015.
Attest:
KAREN L. HAAS,
Clerk.