IB 

Union Calendar No. 154 

112TH CONGRESS 

1ST SESSION H. R. 2074 

[Report No. 112–235] 

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 

Ms. BUERKLE (for herself and Mr. MILLER of Florida) introduced the 

following bill; which was referred to the Committee on Veterans’ Affairs 

OCTOBER 5, 2011 

Additional sponsors: Mr. FILNER, Mr. MICHAUD, Mr. RUNYAN, Mr. 

BILIRAKIS, Mr. BACHUS, and Mr. CARTER

OCTOBER 5, 2011 

Reported with amendments, committed to the Committee of the Whole House 

on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on June 1, 2011] 


jlentini on DSK4TPTVN1PROD with BILLS
2 

•HR 2074 RH

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. 


jlentini on DSK4TPTVN1PROD with BILLS
3 

•HR 2074 RH

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Veterans Sexual Assault 

5 Prevention and Health Care Enhancement Act’’. 

6 SEC. 2. COMPREHENSIVE POLICY ON REPORTING AND 

7 TRACKING SEXUAL ASSAULT INCIDENTS AND 

8 OTHER SAFETY INCIDENTS. 

9 (a) POLICY.—Subchapter I of chapter 17 of title 38, 

10 United States Code, is amended by adding at the end the 

11 following: 

12 ‘‘§ 1709. Comprehensive policy on reporting and track13 ing sexual assault incidents and other 

14 safety incidents 

15 ‘‘(a) POLICY REQUIRED.—Not later than March 1, 

16 2012, the Secretary of Veterans Affairs shall develop and 

17 implement a centralized and comprehensive policy on the 

18 reporting and tracking of sexual assault incidents and other 

19 safety incidents that occur at each medical facility of the 

20 Department, including— 

21 ‘‘(1) suspected, alleged, attempted, or confirmed 

22 cases of sexual assault, regardless of whether such as23 saults lead to prosecution or conviction; 

24 ‘‘(2) criminal and purposefully unsafe acts; 


jlentini on DSK4TPTVN1PROD with BILLS
4 

•HR 2074 RH

1 ‘‘(3) alcohol or substance abuse related acts (in2 cluding by employees of the Department); and 

3 ‘‘(4) any kind of event involving alleged or sus4 pected abuse of a patient. 

5 ‘‘(b) SCOPE.—The policy required by subsection (a) 

6 shall cover each of the following: 

7 ‘‘(1) For purposes of reporting and tracking sex8 ual assault incidents and other safety incidents, defi9 nitions of the terms— 

10 ‘‘(A) ‘safety incident’; 

11 ‘‘(B) ‘sexual assault’; and 

12 ‘‘(C) ‘sexual assault incident’. 

13 ‘‘(2) The development and use of specific risk-as14 sessment tools to examine any risks related to sexual 

15 assault that a veteran may pose while being treated 

16 at a medical facility of the Department, including 

17 clear and consistent guidance on the collection of in18 formation related to— 

19 ‘‘(A) the legal history of the veteran; and 

20 ‘‘(B) the medical record of the veteran. 

21 ‘‘(3) The mandatory training of employees of the 

22 Department on security issues, including awareness, 

23 preparedness, precautions, and police assistance. 

24 ‘‘(4) The mandatory implementation, use, and 

25 regular testing of appropriate physical security preVerDate Mar 15 2010 21:24 Oct 05, 2011 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H2074.RH H2074

jlentini on DSK4TPTVN1PROD with BILLS
5 

•HR 2074 RH

1 cautions and equipment, including surveillance cam2 era systems, computer-based panic alarm systems, 

3 stationary panic alarms, and electronic portable per4 sonal panic alarms. 

5 ‘‘(5) Clear, consistent, and comprehensive cri6 teria and guidance with respect to an employee of the 

7 Department communicating and reporting sexual as8 sault incidents and other safety incidents to— 

9 ‘‘(A) supervisory personnel of the employee 

10 at— 

11 ‘‘(i) a medical facility of the Depart12 ment; 

13 ‘‘(ii) an office of a Veterans Integrated 

14 Service Network; and 

15 ‘‘(iii) the central office of the Veterans 

16 Health Administration; and 

17 ‘‘(B) a law enforcement official of the De18 partment. 

19 ‘‘(6) Clear and consistent criteria and guidelines 

20 with respect to an employee of the Department refer21 ring and reporting to the Office of Inspector General 

22 of the Department sexual assault incidents and other 

23 safety incidents that meet the regulatory criminal 

24 threshold in accordance with section 1.201 and 1.204 

25 of title 38, Code of Federal Regulations. 


jlentini on DSK4TPTVN1PROD with BILLS
6 

•HR 2074 RH

1 ‘‘(7) An accountable oversight system within the 

2 Veterans Health Administration that includes— 

3 ‘‘(A) systematic information sharing of re4 ported sexual assault incidents and other safety 

5 incidents among officials of the Administration 

6 who have programmatic responsibility; and 

7 ‘‘(B) a centralized reporting, tracking, and 

8 monitoring system for such incidents. 

9 ‘‘(8) Consistent procedures and systems for law 

10 enforcement officials of the Department with respect 

11 to investigating, tracking, and closing reported sexual 

12 assault incidents and other safety incidents. 

13 ‘‘(9) Clear and consistent guidance for the clin14 ical management of the treatment of sexual assaults 

15 that are reported more than 72 hours after the as16 sault. 

17 ‘‘(c) UPDATES TO POLICY.—The Secretary shall review 

18 and revise the policy required by subsection (a) on a peri19 odic basis as the Secretary considers appropriate and in 

20 accordance with best practices. 

21 ‘‘(d) ANNUAL REPORT.—(1) Not later than 60 days 

22 after the date on which the Secretary develops the policy 

23 required by subsection (a), and by not later than October 

24 1 of each year thereafter, the Secretary shall submit to the 

25 Committee on Veterans’ Affairs of the House of RepresentaVerDate Mar 15 2010 21:24 Oct 05, 2011 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H2074.RH H2074

jlentini on DSK4TPTVN1PROD with BILLS
7 

•HR 2074 RH

1 tives and the Committee on Veterans’ Affairs of the Senate 

2 a report on the implementation of the policy. 

3 ‘‘(2) The report under paragraph (1) shall include— 

4 ‘‘(A) the number and type of sexual assault inci5 dents and other safety incidents reported by each 

6 medical facility of the Department; 

7 ‘‘(B) a detailed description of the implementa8 tion of the policy required by subsection (a), includ9 ing any revisions made to such policy from the pre10 vious year; and 

11 ‘‘(C) the effectiveness of such policy on improving 

12 the safety and security of the medical facilities of the 

13 Department, including the performance measures used 

14 to evaluate such effectiveness. 

15 ‘‘(e) REGULATIONS.—The Secretary shall prescribe 

16 regulations to carry out this section.’’. 

17 (b) CLERICAL AMENDMENT.—The table of sections at 

18 the beginning of such chapter is amended by adding after 

19 the item relating to section 1708 the following: 

‘‘1709. Comprehensive policy on reporting and tracking sexual assault incidents 

and other safety incidents.’’. 

20 (c) INTERIM REPORT.—Not later than 30 days after 

21 the date of the enactment of this Act, the Secretary of Vet22 erans Affairs shall submit to the Committee on Veterans’ 

23 Affairs of the House of Representatives and the Committee 

24 on Veterans’ Affairs of the Senate a report on the developVerDate Mar 15 2010 21:24 Oct 05, 2011 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H2074.RH H2074

jlentini on DSK4TPTVN1PROD with BILLS
8 

•HR 2074 RH

1 ment of the performance measures described in section 

2 1709(d)(2)(C) of title 38, United States Code, as added by 

3 subsection (a). 

4 SEC. 3. INCREASED FLEXIBILITY IN ESTABLISHING PAY5 MENT RATES FOR NURSING HOME CARE PRO6 VIDED BY STATE HOMES. 

7 (a) IN GENERAL.—Section 1745(a) of title 38, United 

8 States Code, is amended— 

9 (1) in paragraph (1), by striking ‘‘The Secretary 

10 shall pay each State home for nursing home care at 

11 the rate determined under paragraph (2)’’ and insert12 ing ‘‘The Secretary shall enter into a contract (or 

13 agreement under section 1720(c)(1) of this title) with 

14 each State home for payment by the Secretary for 

15 nursing home care provided in the home’’; and 

16 (2) by striking paragraph (2) and inserting the 

17 following new paragraph (2): 

18 ‘‘(2) Payment under each contract (or agreement) be19 tween the Secretary and a State home under paragraph (1) 

20 shall be based on a methodology, developed by the Secretary 

21 in consultation with the State home, to adequately reim22 burse the State home for the care provided by the State 

23 home under the contract (or agreement).’’. 


jlentini on DSK4TPTVN1PROD with BILLS
9 

•HR 2074 RH

1 (b) EFFECTIVE DATE.—The amendment made by sub2 section (a) shall apply to care provided on or after January 

3 1, 2012. 

4 SEC. 4. REHABILITATIVE SERVICES FOR VETERANS WITH 

5 TRAUMATIC BRAIN INJURY. 

6 (a) REHABILITATION PLANS AND SERVICES.—Section 

7 1710C of title 38, United States Code, is amended— 

8 (1) in subsection (a)(1), by inserting before the 

9 semicolon the following: ‘‘with the goal of maximizing 

10 the individual’s independence’’; 

11 (2) in subsection (b)— 

12 (A) in paragraph (1)— 

13 (i) by inserting ‘‘(and sustaining im14 provement in)’’ after ‘‘improving’’; 

15 (ii) by inserting ‘‘behavioral,’’ after 

16 ‘‘cognitive,’’; 

17 (B) in paragraph (2), by inserting ‘‘reha18 bilitative services and’’ before ‘‘rehabilitative 

19 components’’; and 

20 (C) in paragraph (3)— 

21 (i) by striking ‘‘treatments’’ the first 

22 place it appears and inserting ‘‘services’’; 

23 and 

24 (ii) by striking ‘‘treatments and’’ the 

25 second place it appears; and 


jlentini on DSK4TPTVN1PROD with BILLS
10 

•HR 2074 RH

1 (3) by adding at the end the following new sub2 section: 

3 ‘‘(h) REHABILITATIVE SERVICES DEFINED.—For pur4 poses of this section, and sections 1710D and 1710E of this 

5 title, the term ‘rehabilitative services’ includes— 

6 ‘‘(1) rehabilitative services, as defined in section 

7 1701 of this title; 

8 ‘‘(2) treatment and services (which may be of on9 going duration) to sustain, and prevent loss of, func10 tional gains that have been achieved; and 

11 ‘‘(3) any other rehabilitative services or supports 

12 that may contribute to maximizing an individual’s 

13 independence.’’ 

14 (b) REHABILITATION SERVICES IN COMPREHENSIVE

15 PROGRAM FOR LONG-TERM REHABILITATION.—Section 

16 1710D(a) of title 38, United States Code, is amended— 

17 (1) by inserting ‘‘and rehabilitative services (as 

18 defined in section 1710C of this title)’’ after ‘‘long19 term care’’; and 

20 (2) by striking ‘‘treatment’’. 

21 (c) REHABILITATION SERVICES IN AUTHORITY FOR

22 COOPERATIVE AGREEMENTS FOR USE OF NON-DEPART23 MENT FACILITIES FOR REHABILITATION.—Section 

24 1710E(a) of title 38, United States Code, is amended by 


jlentini on DSK4TPTVN1PROD with BILLS
11 

•HR 2074 RH

1 inserting ‘‘, including rehabilitative services (as defined in 

2 section 1710C of this title),’’ after ‘‘medical services’’. 

3 (d) TECHNICAL AMENDMENT.—Section 

4 1710C(c)(2)(S) of title 38, United States Code, is amended 

5 by striking ‘‘opthamologist’’ and inserting ‘‘ophthalmol6 ogist’’. 

7 SEC. 5. USE OF SERVICE DOGS ON PROPERTY OF THE DE8 PARTMENT OF VETERANS AFFAIRS. 

9 Section 901 of title 38, United States Code, is amended 

10 by adding at the end the following new subsection: 

11 ‘‘(f) The Secretary may not prohibit the use of service 

12 dogs in any facility or on any property of the Department 

13 or in any facility or on any property that receives funding 

14 from the Secretary.’’. 

15 SEC. 6. DEPARTMENT OF VETERANS AFFAIRS PILOT PRO16 GRAM ON DOG TRAINING THERAPY. 

17 (a) IN GENERAL.—Commencing not later than 120 

18 days after the date of the enactment of this Act, the Sec19 retary of Veterans Affairs shall implement a three-year 

20 pilot program for the purpose of assessing the effectiveness 

21 of using dog training activities as a component of inte22 grated post-deployment mental health and post-traumatic 

23 stress disorder rehabilitation programs at Department of 

24 Veterans Affairs medical centers to positively affect veterans 

25 with post-deployment mental health conditions and postVerDate Mar 15 2010 21:24 Oct 05, 2011 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H2074.RH H2074

jlentini on DSK4TPTVN1PROD with BILLS
12 

•HR 2074 RH

1 traumatic stress disorder symptoms and to produce spe2 cially trained dogs that meet criteria for becoming service 

3 dogs for veterans with disabilities. 

4 (b) LOCATION OF PILOT PROGRAM.—The pilot pro5 gram shall be carried out at between one and three Depart6 ment of Veterans Affairs medical centers selected by the Sec7 retary for such purpose. In selecting medical centers for the 

8 pilot program, the Secretary shall— 

9 (1) ensure that each medical center selected— 

10 (A) has an established mental health reha11 bilitation program that includes a clinical focus 

12 on rehabilitation treatment of post-deployment 

13 mental health conditions and post-traumatic 

14 stress disorder; and 

15 (B) has a demonstrated capability and ca16 pacity to incorporate service dog training activi17 ties into the rehabilitation program; and 

18 (2) shall review and consider using recommenda19 tions published by Assistance Dogs International, 

20 International Guide Dog Federation, or comparably 

21 recognized experts in the art and science of basic dog 

22 training with regard to space, equipments, and meth23 odologies. 

24 (c) DESIGN OF PILOT PROGRAM.—In carrying out the 

25 pilot program, the Secretary shall— 


jlentini on DSK4TPTVN1PROD with BILLS
13 

•HR 2074 RH

1 (1) administer the program through the Depart2 ment of Veterans Affairs Patient Care Services Office 

3 as a collaborative effort between the Rehabilitation 

4 Office and the Office of Mental Health Services; 

5 (2) ensure that the national pilot program lead 

6 of the Patient Care Services Office has sufficient ad7 ministrative experience to oversee all pilot program 

8 sites; 

9 (3) establish partnerships through memorandums 

10 of understanding with Assistance Dog International 

11 organizations, International Guide Dog Federation 

12 organizations, academic affiliates, or organizations 

13 with equivalent credentials with experience in teach14 ing others to train service dogs for the purpose of ad15 vising the Department of Veterans Affairs regarding 

16 the design, development, and implementation of pilot 

17 program; 

18 (4) ensure that each pilot program site has ob19 tained a service dog training instructor certified by 

20 Assistance Dog International, International Guide 

21 Dog Federation, or an organization with equivalent 

22 credentials to oversee service dog training activities; 

23 (5) ensure that dogs selected for use in the pro24 gram meet all health clearance, age, and temperament 

25 criteria as outlined by Assistance Dog International, 


jlentini on DSK4TPTVN1PROD with BILLS
14 

•HR 2074 RH

1 International Guide Dog Federation, or an organiza2 tion with equivalent credentials and the Centers for 

3 Disease Control and Prevention; 

4 (6) consider dogs residing in animal shelters or 

5 foster homes for participation in the program if such 

6 dogs meet the selection criteria under this subsection; 

7 and 

8 (7) ensure that each dog selected for the program 

9 is taught all basic commands and behaviors essential 

10 to being accepted by an accredited service dog train11 ing organization to be partnered with a disabled vet12 eran for final individualized service dog training tai13 lored to meet the needs of the veteran. 

14 (d) VETERAN PARTICIPATION.—A veteran diagnosed 

15 with post-traumatic stress disorder or another post-deploy16 ment mental health condition may volunteer to participate 

17 in the pilot program required by subsection (a) and may 

18 participate in the program if the Secretary determines that 

19 adequate program resources are available for such veteran 

20 to participate at the pilot program site. 

21 (e) HIRING PREFERENCE.—In selecting service dog 

22 training instructors for the pilot program, the Secretary 

23 shall give a preference to a veteran who successfully com24 pleted a post-traumatic stress disorder or other residential 

25 treatment program and who has received certification in 


jlentini on DSK4TPTVN1PROD with BILLS
15 

•HR 2074 RH

1 service dog training from an Assistance Dog International 

2 or International Guide Dog Federation accredited program. 

3 (f) COLLECTION OF DATA.—The Secretary shall collect 

4 data on the pilot program to determine the effectiveness of 

5 the program in positively affecting veterans with post-trau6 matic stress disorder or other post-deployment mental 

7 health conditions and the potential for expanding the pro8 gram to additional Department of Veterans Affairs medical 

9 centers. Such data shall be collected and analyzed using 

10 valid and reliable methodologies and instruments. 

11 (g) REPORTS TO CONGRESS.— 

12 (1) ANNUAL REPORTS.—Not later than one year 

13 after the date of the commencement of the pilot pro14 gram, and annually thereafter for the duration of the 

15 pilot program, the Secretary shall submit to Congress 

16 a report on the pilot program. Each such report shall 

17 include— 

18 (A) the number of veterans participating in 

19 the pilot program; 

20 (B) a description of the services carried out 

21 by the Secretary under the pilot program; 

22 (C) the effects that participating in the 

23 pilot program has on veterans with post-trau24 matic stress disorder and post-deployment men25 tal health conditions; 


jlentini on DSK4TPTVN1PROD with BILLS
16 

•HR 2074 RH

1 (2) FINAL REPORT.—At the conclusion of pilot 

2 program, the Secretary shall submit to Congress a 

3 final report that includes recommendations with re4 spect to the extension or expansion of the pilot pro5 gram. 

6 (h) DEFINITION.—For the purposes of this section, the 

7 term ‘‘service dog training instructor’’ means an instructor 

8 recognized by an accredited dog organization training pro9 gram who provides hands-on training in the art and science 

10 of service dog training and handling. 

Amend the title so as to read: ‘‘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, to improve rehabilitative services for veterans with traumatic brain injury, and for other purposes.’’. 


jlentini on DSK4TPTVN1PROD with BILLS

jlentini on DSK4TPTVN1PROD with BILLS
Union Calendar No. 154 

112TH CONGRESS 

1ST SESSION H. R. 2074 

[Report No. 112–235] 

A BILL 

To amend title 38, United States Code, to require 

partment of Veterans Affairs. dents that occur at medical facilities of the Desexual assault incidents and other safety incia comprehensive policy on reporting and tracking 

OCTOBER 5, 2011 

Reported with amendments, committed to the Committee 

dered to be printed of the Whole House on the State of the Union, and orVerDate Mar 15 2010 21:24 Oct 05, 2011 Jkt 019200 PO 00000 Frm 00018 Fmt 6651 Sfmt 6651 E:\BILLS\H2074.RH H2074

jlentini on DSK4TPTVN1PROD with BILLS