[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6961 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 6961
To amend title 38, United States Code, to improve hearings before the
Board of Veterans' Appeals regarding claims involving military sexual
trauma.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 7, 2022
Mr. Mrvan introduced the following bill; which was referred to the
Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
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. SHORT TITLE.
This Act may be cited as the ``Dignity for MST Survivors Act''.
SEC. 2. 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. 3. 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
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.
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