This act requires the Department of Veterans Affairs (VA) to seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine (NASEM) to conduct a comprehensive review of VA medical examinations provided to individuals who submit claims for compensation for a service-connected disability related to military sexual trauma.
Specifically, NASEM must review VA examinations that are provided for mental and physical conditions linked to military sexual trauma and are conducted to assess the impairments of individuals arising from such trauma.
NASEM must report on its review, and the VA must report on its plans to implement actions based on NASEM's findings and recommendations.
[117th Congress Public Law 289]
[From the U.S. Government Publishing Office]



[[Page 136 STAT. 4366]]

Public Law 117-289
117th Congress

                                 An Act


 
  To direct the Secretary of Veterans Affairs to seek to enter into an 
  agreement with the National Academies of Sciences, Engineering, and 
 Medicine for a review of examinations, furnished by the Secretary, to 
 individuals who submit claims to the Secretary for compensation under 
  chapter 11 of title 38, United States Code, for mental and physical 
     conditions linked to military sexual trauma. <<NOTE: Dec. 27, 
                         2022 -  [H.R. 6064]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. INDEPENDENT REVIEW OF ASSESSMENTS BY THE SECRETARY OF 
                              VETERANS AFFAIRS OF MENTAL AND 
                              PHYSICAL CONDITIONS LINKED TO 
                              MILITARY SEXUAL TRAUMA FOR PURPOSES 
                              OF AWARDING DISABILITY COMPENSATION.

    (a) <<NOTE: Deadline.>>  Agreement.--Not later than 90 days after 
the date of the enactment of this Act, the Secretary of Veterans Affairs 
shall seek to enter into an agreement with the National Academies of 
Sciences, Engineering, and Medicine (in this Act referred to as the 
``National Academies'') to perform the services covered by this section.

    (b) <<NOTE: Determinations.>>  Comprehensive Review.--Under an 
agreement between the Secretary and the National Academies under this 
section, the National Academies shall conduct a comprehensive review of 
examinations, furnished by the Secretary to individuals who submit 
claims to the Secretary for compensation under chapter 11 of title 38, 
United States Code, for mental and physical conditions linked to 
military sexual trauma (in this Act referred to as ``MST''), for the 
purpose of assessing the impairments of such individuals arising from 
MST. The review carried out pursuant to paragraph (1) shall include the 
following elements:
            (1) A determination of the adequacy of tools and protocols 
        used by the Secretary to provide examinations described in this 
        subsection, including--
                    (A) the Disability Benefits Questionnaires;
                    (B) the Department's schedule of rating 
                disabilities;
                    (C) consideration of whether certain conditions 
                linked to MST should require referral for both a mental 
                health examination and a physical health examination; 
                and
                    (D) the necessity of internal pelvic examinations to 
                diagnose certain conditions linked to MST, and whether 
                alternatives to such examinations could be considered if 
                a veteran objects to or cannot complete such 
                examination.
            (2) A determination of what credentials and training are 
        necessary for a health care specialist or provider to perform

[[Page 136 STAT. 4367]]

        such examinations related to physical conditions linked to MST, 
        for men and for women, including--
                    (A) sexual dysfunction;
                    (B) pelvic pain;
                    (C) pelvic dysfunction;
                    (D) musculoskeletal disabilities; and
                    (E) cardiovascular conditions (including stroke).
            (3) A determination of what credentials and training are 
        necessary for a health care specialist or provider to perform 
        such examinations related to mental health conditions linked to 
        MST, for men and for women.
            (4) <<NOTE: Assessment. Recommenda- tions.>>  An assessment 
        of the quality of MST training for individuals who perform such 
        examinations, including recommendations for improvements to such 
        training.

    (c) Reports.--
            (1) Report of the national academies.--Not later than 540 
        days after the date on which the Secretary enters into an 
        agreement under subsection (a), the National Academies shall 
        submit to the Committees on Veterans' Affairs of the Senate and 
        House of Representatives a report on the comprehensive review 
        conducted under subsection (b). Such report shall include the 
        following elements:
                    (A) The findings of the National Academies under 
                subsection (b).
                    (B) <<NOTE: Recommenda- tions.>>  Recommendations of 
                the National Academies regarding legislative or 
                administrative action to improve of the adjudication of 
                claims described in subsection (b).
            (2) Report of the secretary.--Not later than 90 days after 
        submission of the report under paragraph (1), the Secretary 
        shall submit to the Committees on Veterans' Affairs of the House 
        of Representatives and the Senate a report on the plans of the 
        Secretary to carry out any action based on the findings and 
        recommendations of the National Academies.

    Approved December 27, 2022.

LEGISLATIVE HISTORY--H.R. 6064:
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CONGRESSIONAL RECORD, Vol. 168 (2022):
            May 18, considered and passed House.
            Dec. 19, considered and passed Senate.

                                  <all>
To direct the Secretary of Veterans Affairs to seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine for a review of examinations, furnished by the Secretary, to individuals who submit claims to the Secretary for compensation under chapter 11 of title 38, United States Code, for mental and physical conditions linked to military sexual trauma.
To direct the Secretary of Veterans Affairs to seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine for a review of examinations, furnished by the Secretary, to individuals who submit claims to the Secretary for compensation under chapter 11 of title 38, United States Code, for mental and physical conditions linked to military sexual trauma.
Official Titles - House of Representatives
Official Title as Introduced
To direct the Secretary of Veterans Affairs to seek to enter into an agreement with the National Academies of Sciences, Engineering, and Medicine for a review of examinations, furnished by the Secretary, to individuals who submit claims to the Secretary for compensation under chapter 11 of title 38, United States Code, for mental and physical conditions linked to military sexual trauma.
Rep. Nehls, Troy E.