[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.
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