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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6961 Enrolled Bill (ENR)]

        H.R.6961

                    One Hundred Seventeenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
          the third day of January, two thousand and twenty-two

                                 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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