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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6961 Referred in Senate (RFS)]

<DOC>
117th CONGRESS
  2d Session
                                H. R. 6961

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                 May 19 (legislative day, May 17), 2022

Received; read twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 AN ACT

 
 To amend title 38, United States Code, to improve hearings before the 
 Board of Veterans' Appeals regarding claims involving military sexual 
                                trauma.

    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.

            Passed the House of Representatives May 18, 2022.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.
```