Veterans Sexual Assault Prevention and Health Care Enhancement Act - (Sec. 2) Directs the Secretary of Veterans Affairs to develop and implement a centralized and comprehensive policy on reporting and tracking sexual assaults and other safety incidents at each medical facility of the Department of Veterans Affairs (VA), including: (1) risk-assessment tools; (2) mandatory security training; (3) physical security precautions (surveillance camera systems and panic alarm systems); (4) criteria and guidance for employees communicating and reporting incidents to specified supervisory personnel, VA law enforcement officials, and the Office of Inspector General; (5) an oversight system within the Veterans Health Administration; (6) procedures for VA law enforcement officials investigating, tracking, and closing reported incidents; and (7) clinical guidance for treating sexual assaults reported over 72 hours after assault. Requires the Secretary to submit to the congressional veterans committees: (1) an interim report on the policy's effectiveness on improving the safety and security of such facilities, and (2) annual reports on such incidents and policy implementation.
(Sec. 3) Requires VA payments to state nursing homes for care provided to veterans to be based on a methodology which reimburses such home for care provided under contract. (Under current law, such payments are made according to a prescribed rate.) Includes entities eligible to enter into such contracts as authorized VA nursing home, adult day health care, or other extended care providers.
(Sec. 4) Includes the goal of maximizing the individual's independence within an individualized plan for the rehabilitation of veterans with traumatic brain injury (TBI). Includes within plan objectives the sustaining of improvement in cognitive, behavioral, and vocational functioning. Includes within the VA definition of "rehabilitative services" treatment and services to sustain and prevent loss of functional gains, as well as any other services or supports that may contribute to maximizing an individual's independence. Includes rehabilitation services within: (1) comprehensive programs for long-term rehabilitation of veterans with TBI, and (2) cooperative agreements for the use of non-VA facilities for neurorehabilitation and recovery programs for such veterans.
(Sec. 5) Prohibits the Secretary from disallowing the use of service dogs in any VA facility or property, or in any facility or property that receives VA funding.
(Sec. 6) Directs the Secretary to implement a three-year pilot program to assess the effectiveness of using dog training activities as a component of integrated post-deployment mental health and post-traumatic stress disorder (PTSD) rehabilitation programs at VA medical centers to positively affect veterans with such symptoms and to produce specially trained dogs that may become service dogs for veterans with disabilities. Requires the pilot program to be carried out at one VA medical center selected by the Secretary other than the VA health care system in Palo Alto, California. Makes veteran participation voluntary. Requires the Secretary to: (1) collect program data to determine its effectiveness, as well as the potential to expand the program to additional VA medical centers; and (2) report annually to Congress for the duration of the pilot program.
(Sec. 7) Eliminates a required annual report on staffing for registered nurses and certain other health-care personnel at VA facilities.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2074 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 2074
To amend title 38, United States Code, to require a comprehensive
policy on reporting and tracking sexual assault incidents and other
safety incidents that occur at medical facilities of the Department of
Veterans Affairs.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 1, 2011
(for herself and Mr. Miller of Florida) introduced the following bill;
which was referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to require a comprehensive
policy on reporting and tracking sexual assault incidents and other
safety incidents that occur at medical facilities of the Department of
Veterans Affairs.
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 ``Veterans Sexual Assault Prevention
Act''.
SEC. 2. COMPREHENSIVE POLICY ON REPORTING AND TRACKING SEXUAL ASSAULT
INCIDENTS AND OTHER SAFETY INCIDENTS.
(a) Policy.--Subchapter I of chapter 17 of title 38, United States
Code, is amended by adding at the end the following:
``Sec. 1709. Comprehensive policy on reporting and tracking sexual
assault incidents and other safety incidents
``(a) Policy Required.--Not later than October 1, 2011, the
Secretary of Veterans Affairs shall develop and implement a centralized
and comprehensive policy on the reporting and tracking of sexual
assault incidents and other safety incidents that occur at each medical
facility of the Department, including--
``(1) suspected, alleged, attempted, or confirmed cases of
sexual assault, regardless of whether such assaults lead to
prosecution or conviction;
``(2) criminal and purposefully unsafe acts;
``(3) alcohol or substance abuse related acts (including by
employees of the Department); and
``(4) any kind of event involving alleged or suspected
abuse of a patient.
``(b) Scope.--The policy required by subsection (a) shall cover
each of the following:
``(1) For purposes of reporting and tracking sexual assault
incidents and other safety incidents, definitions of the
terms--
``(A) `safety incident';
``(B) `sexual assault'; and
``(C) `sexual assault incident'.
``(2) The development and use of specific risk-assessment
tools to examine any risks related to sexual assault that a
veteran may pose while being treated at a medical facility of
the Department, including clear and consistent guidance on the
collection of information related to--
``(A) the legal history of the veteran; and
``(B) the medical record of the veteran.
``(3) The mandatory training of employees of the Department
on security issues, including awareness, preparedness,
precautions, and police assistance.
``(4) The mandatory implementation, use, and regular
testing of appropriate physical security precautions and
equipment, including surveillance camera systems, computer-
based panic alarm systems, stationary panic alarms, and
electronic portable personal panic alarms.
``(5) Clear, consistent, and comprehensive criteria and
guidance with respect to an employee of the Department
communicating and reporting sexual assault incidents and other
safety incidents to--
``(A) supervisory personnel of the employee at--
``(i) a medical facility of the Department;
``(ii) an office of a Veterans Integrated
Service Network; and
``(iii) the central office of the Veterans
Health Administration; and
``(B) a law enforcement official of the Department.
``(6) Clear and consistent criteria and guidelines with
respect to an employee of the Department referring and
reporting to the Office of Inspector General of the Department
sexual assault incidents and other safety incidents that meet
the regulatory criminal threshold in accordance with section
1.201 and 1.204 of title 38, Code of Federal Regulations.
``(7) An accountable oversight system within the Veterans
Health Administration that includes--
``(A) systematic information sharing of reported
sexual assault incidents and other safety incidents
among officials of the Administration who have
programmatic responsibility; and
``(B) a centralized reporting, tracking, and
monitoring system for such incidents.
``(8) Consistent procedures and systems for law enforcement
officials of the Department with respect to investigating,
tracking, and closing reported sexual assault incidents and
other safety incidents.
``(9) Clear and consistent guidance for the clinical
management of the treatment of sexual assaults that are
reported more than 72 hours after the assault.
``(c) Updates to Policy.--The Secretary shall review and revise the
policy required by subsection (a) on a periodic basis as the Secretary
considers appropriate and in accordance with best practices.
``(d) Annual Report.--(1) Not later than 60 days after the date on
which the Secretary develops the policy required by subsection (a), and
by not later than October 1 of each year thereafter, the Secretary
shall submit to the Committee on Veterans' Affairs of the House of
Representatives and the Committee on Veterans' Affairs of the Senate a
report on the implementation of the policy.
``(2) The report under paragraph (1) shall include--
``(A) the number and type of sexual assault incidents and
other safety incidents reported by each medical facility of the
Department;
``(B) a detailed description of the implementation of the
policy required by subsection (a), including any revisions made
to such policy from the previous year; and
``(C) the effectiveness of such policy on improving the
safety and security of the medical facilities of the
Department, including the performance measures used to evaluate
such effectiveness.
``(e) Regulations.--The Secretary shall prescribe regulations to
carry out this section.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by adding after the item relating to section
1708 the following:
``1709. Comprehensive policy on reporting and tracking of sexual
assault incidents and other safety
incidents.''.
(c) Interim Report.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall submit
to the Committee on Veterans' Affairs of the House of Representatives
and the Committee on Veterans' Affairs of the Senate a report on the
development of the performance measures described in section
1709(d)(2)(C) of title 38, United States Code, as added by subsection
(a).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Veterans' Affairs.
Referred to the Subcommittee on Health.
Subcommittee Hearings Held.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee by Voice Vote .
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by Voice Vote.
Reported (Amended) by the Committee on Veterans' Affairs. H. Rept. 112-235.
Reported (Amended) by the Committee on Veterans' Affairs. H. Rept. 112-235.
Placed on the Union Calendar, Calendar No. 154.
Mr. Miller (FL) moved to suspend the rules and pass the bill, as amended.
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Considered under suspension of the rules. (consideration: CR H6689-6693)
DEBATE - The House proceeded with forty minutes of debate on H.R. 2074.
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H6689-6690)
On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H6689-6690)
Motion to reconsider laid on the table Agreed to without objection.
The title of the measure was amended. Agreed to without objection.