What This Bill Does
This bill changes federal military compensation rules to include retired military members who experienced military sexual trauma. The bill expands special compensation eligibility beyond combat-related disabilities to include disabilities caused by military sexual trauma, as determined by the Secretary of Veterans Affairs.
Who It Affects
Retired military service members with disabilities caused by military sexual trauma. The Secretary of Defense and Secretary of Veterans Affairs who must implement the new rules.
Key Provisions
• The bill replaces "combat-related" with "trauma-related" throughout the compensation statute to broaden eligibility (Sec. 2(a)(1))
• The Secretary of Defense must treat disabled retired service members with trauma-related disabilities as eligible for special compensation if the Secretary of Veterans Affairs determines the disability resulted from military sexual trauma (Sec. 2(a)(2))
• Military sexual trauma disabilities qualify for special compensation if the Secretary of Veterans Affairs has determined they resulted from military sexual trauma (Sec. 2(a)(3)(C))
• The bill defines "military sexual trauma" using the definition from title 38 of federal law, section 1166 (Sec. 2(a)(4))
What Changes
The law now recognizes military sexual trauma as grounds for special military retirement compensation. Retired service members no longer need their disabilities to be combat-related to receive this benefit. The terminology changes from "combat-related special compensation" to "trauma-related special compensation" throughout federal military law.
Important Definitions
"Military sexual trauma" has the meaning given in section 1166 of title 38. The bill does not provide a separate definition in this text.
Effective Date
Not specified in bill text
I
118TH CONGRESS
1ST SESSION H. R. 1082
To amend title 10, United States Code, to extend eligibility for certain
special compensation to certain retired survivors of military sexual trauma.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 17, 2023
Mrs. GONZA´LEZ-COLO´N (for herself, Ms. ROSS, and Ms. WEXTON) introduced
the following bill; which was referred to the Committee on Armed Services
A BILL
To amend title 10, United States Code, to extend eligibility
for certain special compensation to certain retired sur-
vivors of military sexual trauma.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Military Sexual Trau-
4
ma Retirement Equity Act’’.
5
SEC. 2. EXTENSION OF ELIGIBILITY FOR CERTAIN SPECIAL
6
COMPENSATION TO CERTAIN RETIRED SUR-
7
VIVORS OF MILITARY SEXUAL TRAUMA.
8
(a) IN GENERAL.—Section 1413a of title 10, United
9
States Code, is amended—
10
VerDate Sep 11 2014
18:26 Mar 11, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1082.IH
H1082
pbinns on DSKJLVW7X2PROD with $$_JOB
2
•HR 1082 IH
(1) by striking ‘‘combat-related’’ each place it
1
appears and inserting ‘‘trauma-related’’;
2
(2) in subsection (d)—
3
(A) by inserting ‘‘(1)’’ before ‘‘The Sec-
4
retary’’;
5
(B) by inserting ‘‘under paragraph (1) or
6
(2) of subsection (e)’’ before the period at the
7
end of the first sentence; and
8
(C) by adding at the end the following new
9
paragraph:
10
‘‘(2) The Secretary of Defense shall treat a disabled
11
uniformed services retiree with a trauma-related disability,
12
determined by the Secretary of Veterans Affairs under
13
paragraph (3) of subsection (e), as an eligible trauma-re-
14
lated disabled uniformed services retiree.’’;
15
(3) in subsection (e)—
16
(A) in paragraph (1), by striking ‘‘; or’’
17
and inserting a semicolon;
18
(B) in paragraph (2)(D), by striking the
19
period at the end and inserting ‘‘; or’’; and
20
(C) by adding at the end the following new
21
paragraph:
22
‘‘(3) the Secretary of Veterans Affairs has de-
23
termined was the result of military sexual trauma.’’;
24
and
25
VerDate Sep 11 2014
18:26 Mar 11, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1082.IH
H1082
pbinns on DSKJLVW7X2PROD with $$_JOB
3
•HR 1082 IH
(4) in subsection (i), by striking paragraph (1)
1
and inserting the following new paragraph:
2
‘‘(1) The term ‘military sexual trauma’ has the
3
meaning given such term in section 1166 of title
4
38.’’.
5
(b) CLERICAL AMENDMENTS.—
6
(1) HEADINGS.—Such section is amended—
7
(A) in the heading by striking ‘‘Combat-
8
related’’ and inserting ‘‘Trauma-related’’;
9
and
10
(B) in the heading of subsection (e) by
11
striking ‘‘COMBAT-RELATED’’ and inserting
12
‘‘TRAUMA-RELATED’’.
13
(2) TABLE OF SECTIONS.—The table of sections
14
at the beginning of chapter 71 of such title is
15
amended by striking the item relating to section
16
1413a and inserting the following:
17
‘‘1413a. Trauma-related special compensation.’’.
(c) CONFORMING
AMENDMENTS.—Such title is
18
amended—
19
(1) in section 1414(d)—
20
(A) in paragraph (1), by striking ‘‘combat-
21
related’’ and inserting ‘‘trauma-related’’; and
22
(B) in the heading, by striking ‘‘COMBAT-
23
RELATED’’ and inserting ‘‘TRAUMA-RELATED’’;
24
(2) in section 1449(b)(2)—
25
VerDate Sep 11 2014
18:26 Mar 11, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1082.IH
H1082
pbinns on DSKJLVW7X2PROD with $$_JOB
4
•HR 1082 IH
(A) by striking ‘‘combat-related’’ and in-
1
serting ‘‘trauma-related’’; and
2
(B) in the heading, by striking ‘‘CRSC’’
3
and inserting ‘‘TRSC’’;
4
(3) in section 1450(e)—
5
(A) in paragraph (1), by striking ‘‘combat-
6
related’’ and inserting ‘‘trauma-related’’; and
7
(B) in the heading, by striking ‘‘CRSC’’
8
and inserting ‘‘TRSC’’; and
9
(4) in section 1452—
10
(A) by striking ‘‘combat-related’’ each
11
place it appears and inserting ‘‘trauma-re-
12
lated’’;
13
(B) in subsection (d)(2), in the heading, by
14
striking ‘‘COMBAT-RELATED’’ and inserting
15
‘‘TRAUMA-RELATED’’; and
16
(C) in subsection (g)(4), in the heading, by
17
striking ‘‘CRSC’’ and inserting ‘‘TRSC’’.
18
Æ
VerDate Sep 11 2014
18:26 Mar 11, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6301
E:\BILLS\H1082.IH
H1082
pbinns on DSKJLVW7X2PROD with $$_JOB