49–006 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 114–207 

RUTH MOORE ACT OF 2015 

JULY 16, 2015.—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. 1607] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Veterans’ Affairs, to whom was referred the 

bill (H.R. 1607) 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 an amendment 

and recommend that the bill as amended do pass. 

CONTENTS 

Page 

Amendment .............................................................................................................. 2 

Purpose and Summary ............................................................................................ 3 

Background and Need for Legislation .................................................................... 4 

Hearings ................................................................................................................... 6 

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 ................................................................................. 9 

Advisory Committee Statement .............................................................................. 9 

Constitutional Authority Statement ...................................................................... 9 

Applicability to Legislative Branch ........................................................................ 9 

Statement on Duplication of Federal Programs .................................................... 9 

Disclosure of Directed Rulemaking ........................................................................ 9 

Section-by-Section Analysis of the Legislation ...................................................... 9 

Changes in Existing Law Made by the Bill as Reported ...................................... 10 


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AMENDMENT

The amendment is 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 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: 

‘‘§ 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. 


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(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.’’. 

PURPOSE AND SUMMARY

H.R. 1607, the ‘‘Ruth Moore Act of 2015,’’ was introduced on 

March 25, 2015, by Representative Chellie Pingree of Maine. H.R. 

1607, as amended, would require the Secretary of the Department 

of Veterans’ Affairs (VA) to, not later than December 1, 2015, and 

each year thereafter through 2019, submit to Congress a report regarding covered claims submitted during the previous fiscal year. 

Such a report would include the total number of covered claims 


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1 67 Fed. Reg. 10,330, 10,330–31 (Mar. 7, 2002). 

submitted to or considered by VA during the fiscal year covered by 

the report; the number of covered claims approved, denied, and 

pending; and the number of claims on appeal. Additionally, VA 

would be required to report the number of approved claims and 

percentage, listed by each sex, of claims assigned to each rating 

percentage. Of the claims denied, VA would be required to report 

the three most common reasons for such denial and the number of 

claims denied because the veteran failed to report for a medical examination. 

The bill would also require VA to report the average number of 

days it takes to complete claims, beginning on the date on which 

the claim was submitted. VA would also be required to describe the 

training that it provides to employees of the Veterans Benefits Administration with respect to covered claims. 

The bill also expresses the sense of Congress that VA should update and improve its regulations with respect to military sexual 

trauma (MST) by ensuring that MST is specified as an in-service 

stressor in determining the service-connection of post-traumatic 

stress disorder (PTSD) and, by recognizing the full range of physical and mental disabilities that can result from MST. Finally, until 

VA updates and improves its MST regulations, VA would be required to provide to each veteran who has submitted a covered 

claim or has been treated for MST at a medical facility with a copy 

of the report most recently submitted to Congress. In addition, VA 

would be required to provide monthly updates on the status of regulatory amendments regarding MST, the number of covered claims 

granted or denied during the month, and a comparison to such 

rates of grants and denials for other claims regarding PTSD. 

The bill would define ‘‘covered claims’’ as those based on a covered mental health condition alleged to have been incurred or aggravated by MST and would provide definitions for a ‘‘covered mental health condition’’ as well as ‘‘military sexual trauma’’. 

Finally, H.R. 1607, as amended, would limit awards and bonuses 

paid to employees of the VA who are members of the Senior Executive Service during fiscal years 2016 through 2018 to not more than 

an aggregate of $2,000,000 for each fiscal year. 

BACKGROUND AND NEED FOR LEGISLATION

VA’s current regulation on claims for PTSD arising as a result 

of in-service MST should be updated. The regulation, found at 38 

C.F.R. 3.304(f)(5), was last revised in 2002 1 and purports to reduce 

the burden for veterans to prove these claims. In practice, VA 

claims processors have not consistently used the broader standard 

of evidence when adjudicating PTSD claims related to MST. 

Furthermore, VA has not adequately trained claims processors 

regarding the full range of physical and mental disabilities that 

may result from MST, including depression, anxiety, and other conditions as indicated in the Diagnostic and Statistical Manual of 

Mental Disorders published by the American Psychiatric Association. Additionally, although 38 C.F.R. 3.304(f)(5) specifically addresses PTSD claims, current VA regulations do not address other 

mental health conditions that may arise as a result of MST. 


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2 Ibid. 

3Department of Defense Fiscal Year 2014 Annual Report on Sexual Assault in the Military. 

Several factors have complicated the process for veterans seeking 

disability compensation for mental health conditions that may arise 

as the result of MST. First, the vast majority of sexual assaults in 

the military are not reported, and even those that are reported are 

often not prosecuted. Consequently, many veterans have found it 

hard to prove that the stressor (the assault) occurred, and therefore 

service connection is often difficult to establish. 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. Additionally, some conditions, such as PTSD, that may arise as a result of 

MST have posed significant problems in establishing service-connection because these disabilities, by their nature, often have a delayed onset. 

In addition to the complicated nature of MST reporting and the 

onset of resulting medical conditions, current VA policy allows socalled ‘‘secondary markers’’ to be considered as evidence of an assault; however, VA has been inconsistent in applying that 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 servicemember’s superior, active 

duty reporting of assault remains a problem because the nature of 

military service and peer pressure implicitly discourages reporting. 

Even when the servicemember does make a report of the assault, 

these reports are rarely documented or associated with the veteran’s service records. 

In Ruth Moore’s case, the individual for whom this bill is named, 

is the epitome of how these specialized claims may 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. Although the relaxed evidentiary standard for establishing in-service stressors for PTSD went into effect in 2002,2 VA 

did not award Ms. Moore’s claim until 2009. 

A Defense Department study emphasized that MST is a problem 

in the military.3 Therefore, it is important that VA act expeditiously to update and improve its regulations, including recognizing 

the full range of disorders implicated within claims for a disability 

related to MST. VA must take steps to ensure fair and thorough 

review of claims submitted based on MST. Furthermore, VA must 

ensure that it succeeds in consistent and integrated application of 

its regulations to the disability benefits claims related to 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. 1607, as 

amended, would provide relief to those veterans who are suffering 

from a mental health disability as a result of MST. 


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HEARINGS

On April 14, 2015, the Subcommittee on Disability Assistance 

and Memorial Affairs conducted a legislative hearing on various 

bills introduced during the 114th Congress, including H.R. 675, 

H.R. 677, H.R. 732, H.R. 800, H.R. 1067, H.R. 1331, H.R. 1379, 

H.R. 1414, H.R. 1569, and H.R. 1607. 

The following witnesses testified: 

The Honorable Chellie Pingree, U.S. House of Representatives; 

Mr. David R. McLenachen, Acting Deputy Under Secretary for Disability Assistance, Veterans Benefits Administration, U.S. Department of Veterans Affairs; Mr. Zachary Hearn, Deputy Director for 

Claims, Veterans Affairs and Rehabilitation Division, The American Legion; Mr. Blake C. Ortner, Deputy Government Relations 

Director, Paralyzed Veterans of America; Mr. Paul R. Varela, Assistant National Legislative Director, Disabled American Veterans; 

Mr. Ronald B. Abrams, Joint Executive Director, National Veterans 

Legal Services Program; and Mr. Kenneth M. Carpenter, Founding 

Member, National Organization of Veterans’ Advocates. 

Statements for the Record were submitted by the following: 

The Veterans of Foreign Wars and the U.S. Court of Appeals for 

Veterans Claims. 

SUBCOMMITTEE CONSIDERATION

On May 14, 2015, the Subcommittee on Disability Assistance and 

Memorial Affairs met in an open markup session, a quorum being 

present, and favorably forwarded H.R. 1607, as amended, to the 

full Committee. 

During consideration of the bill, the following amendment was 

considered and agreed to by voice vote: 

An amendment in the nature of a substitute to H.R. 1607 offered 

by Ms. Titus of Nevada amended the text to remove provisions setting a legal standard of proof for claims based on MST. Instead, the 

amendment requires, beginning fifteen months from the 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. 

COMMITTEE CONSIDERATION

On May 21, 2015, the full Committee met in an open markup 

session, a quorum being present, and ordered H.R. 1607, as amended, reported favorably to the House of Representatives. 

During consideration of the bill, the following amendment was offered and agreed to by voice vote: 

An amendment in the nature of a substitute to H.R. 1607 offered 

by Mr. Bost of Illinois, which included the contents of H.R. 1607, 

as amended, and inserted a provision that would limit awards and 

bonuses paid to VA Senior Executive Service employees during fiscal years 2016 through 2018, by not more than an aggregate 

amount of $2,000,000 in each such fiscal year. 

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 moVerDate Sep 11 2014 06:36 Jul 17, 2015 Jkt 049006 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\HR207.XXX HR207

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tion to report the legislation and amendments thereto. There were 

no recorded votes taken on amendments or in connection with ordering H.R. 1607, as amended, reported to the House. A motion by 

Ranking Member Corrine Brown of Florida to report H.R. 1607, as 

amended, favorably to the House of Representatives 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. 1607, 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. 1607, 

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. 1607, 

as amended, provided by the Congressional Budget Office pursuant 

to section 402 of the Congressional Budget Act of 1974: 


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U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, June 9, 2015. 

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. 1607, the Ruth Moore Act 

of 2015. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Dwayne M. Wright, who 

can be reached at 226–2840. 

Sincerely, 

KEITH HALL. 

Enclosure. 

H.R. 1607—Ruth Moore Act of 2015 

H.R. 1607 would require the Department of Veterans Affairs 

(VA) to submit annual reports on certain claims for disability compensation and would limit the amounts VA could pay in awards 

and bonuses to employees of the department. Section 2 would require VA to submit annual reports through 2020 to the Congress 

detailing the number of claims for disability benefits based on military sexual trauma that are approved and denied, the number of 

such claims pending and on appeal, and the average number of 

days it takes to process those claims. The required reports also 

would include information on any training VA provides to its employees for handling such claims. Based on information from VA regarding costs for reports, CBO estimates that implementing section 

2 would cost $5 million over the 2016–2020 period, subject to the 

availability of appropriated funds. 

Section 3 would limit to $2 million per year the amounts VA 

could pay in awards and bonuses to senior executive service (SES) 

employees over the 2016–2018 period. From 2008 to 2012, VA paid 

an average of about $3.5 million each year in awards and bonus 

payments to SES employees. Assuming such payments will continue at about that level under current law, adjusted for inflation, 

CBO estimates that implementing section 3 would reduce discretionary spending for personnel by about $5 million over the 2016– 

2020 period, assuming appropriation levels are reduced by that 

amount. 

CBO estimates that, on net, implementing H.R. 1607 would have 

an insignificant effect on spending subject to appropriation over the 

2016–2020 period. Enacting H.R. 1607 would not affect direct 

spending or revenues; therefore, pay-as-you-go procedures do not 

apply. 

H.R. 1607 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act and would 

not affect the budgets of state, local, or tribal governments. 

The CBO staff contact for this estimate is Dwayne M. Wright. 

The estimate was approved by H. Samuel Papenfuss, Deputy Assistant Director for Budget Analysis. 


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FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates regarding H.R. 1607, 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. 1607, as 

amended. 

CONSTITUTIONAL AUTHORITY STATEMENT

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(g) of H. Res. 5, 114th Cong. (2015), the 

Committee finds that no provision of H.R.1607, as amended, 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(i) of H. Res. 5, 114th Cong. (2015), the 

Committee estimates that H.R. 1607 as amended, does not require 

directed rule making. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title 

Section 1 of this bill would provide that the short title of H.R. 

1607, as amended, would be the ‘‘Ruth Moore Act of 2015.’’ 

Section 2. Reports on claims for disabilities incurred or aggravated 

by military sexual trauma 

Section 2(a) of this bill would require the Secretary to annually 

report to Congress from 2015 through 2019 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. 


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Section 2(b) of this bill 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 resulting physical and mental disabilities per the 

American Psychiatric Association’s publications. 

Section 2(c) of this bill 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 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. Also during this time, Section 2(c) would require VA to provide, on a monthly basis: (1) information, including an update on VA’s progress on regulation amendment and enumerated information on related claims processing, to 

veterans who have submitted claims or have been treated related 

to military sexual trauma; (2) information to all veterans who have 

utilized VA for benefits or healthcare; (3) all of the requested reporting requirements in a prominent location and on the home 

page of VA’s primary website; (4) and a report to Congress with 

enumerated information on the disposition of each month’s covered 

claims. 

Section 2(d) of the bill would define ‘‘covered claim,’’ ‘‘covered 

mental health condition,’’ and ‘‘military sexual trauma,’’ as stated 

in Section 2(a). 

Section 3. Limitation on awards and bonuses paid to senior executive employees of Department of Veterans Affairs 

Section 3 of this bill would limit the awards and bonuses paid 

to VA employees who are members of the Senior Executive Service 

to not more than the aggregate amount of $2,000,000 during fiscal 

years 2016 through 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, 

and existing law in which no change is proposed is shown in 

roman): 

TITLE 38, UNITED STATES CODE 

* * * * * * * 

PART II—GENERAL BENEFITS 

* * * * * * * 


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CHAPTER 11—COMPENSATION FOR SERVICECONNECTED 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 

* * * * * * * 

§ 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 


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mental health condition alleged to have been incurred or aggravated by military sexual trauma. 

(2) The term ‘‘covered mental health condition’’ means posttraumatic 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. 

VETERANS ACCESS, CHOICE, AND ACCOUNTABILITY 

ACT OF 2014 

* * * * * * * 

TITLE VII—OTHER VETERANS MATTERS 

* * * * * * * 

SEC. 705. LIMITATION ON AWARDS AND BONUSES PAID TO EMPLOYEES OF DEPARTMENT OF VETERANS AFFAIRS. 

In each of fiscal years 2015 through 2024, the Secretary of Veterans Affairs shall ensure that the aggregate amount of awards 

and bonuses paid by the Secretary in a fiscal year under chapter 

45 or 53 of title 5, United States Code, or any other awards or bonuses authorized under such title does not exceed $360,000,000ø.¿, 

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. 

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