[117th Congress Public Law 300]
[From the U.S. Government Publishing Office]



[[Page 136 STAT. 4379]]

Public Law 117-300
117th Congress

                                 An Act


 
 To amend title 38, United States Code, to improve hearings before the 
 Board of Veterans' Appeals regarding claims involving military sexual 
             trauma. <<NOTE: Dec. 27, 2022 -  [H.R. 6961]>> 

    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) <<NOTE: Deadline. 38 USC 7102 note.>>  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) <<NOTE: 38 USC 7102 note.>>  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. <<NOTE: 38 USC 1166 note.>>  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.-- 
<<NOTE: Determination.>> The Board shall promptly determine whether a 
notice of disagreement filed with the Board is a covered case.

[[Page 136 STAT. 4380]]

    ``(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 <<NOTE: 38 USC 
                7101 prec.>>  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. <<NOTE: Deadline.>>  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) <<NOTE: Protocols.>>  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

[[Page 136 STAT. 4381]]

                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.

    Approved December 27, 2022.

LEGISLATIVE HISTORY--H.R. 6961:
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CONGRESSIONAL RECORD, Vol. 168 (2022):
            May 18, considered and passed House.
            Dec. 19, considered and passed Senate.

                                  <all>