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] 
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A BILL 
To amend title 38, United States Code, to require a com-
prehensive policy on reporting and tracking sexual as-
sault incidents and other safety incidents that occur at 
medical facilities of the Department of Veterans Affairs. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Veterans Sexual Assault 
Prevention and Health Care Enhancement 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: 
‘‘§ 1709. Comprehensive policy on reporting and track-
ing sexual assault incidents and other 
safety incidents 
‘‘(a) POLICY REQUIRED.—Not later than March 1, 
2012, 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 as-
saults lead to prosecution or conviction; 
‘‘(2) criminal and purposefully unsafe acts; 
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‘‘(3) alcohol or substance abuse related acts (in-
cluding by employees of the Department); and 
‘‘(4) any kind of event involving alleged or sus-
pected 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 sex-
ual assault incidents and other safety incidents, defi-
nitions of the terms— 
‘‘(A) ‘safety incident’; 
‘‘(B) ‘sexual assault’; and 
‘‘(C) ‘sexual assault incident’. 
‘‘(2) The development and use of specific risk-as-
sessment 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 in-
formation 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 pre-
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cautions and equipment, including surveillance cam-
era systems, computer-based panic alarm systems, 
stationary panic alarms, and electronic portable per-
sonal panic alarms. 
‘‘(5) Clear, consistent, and comprehensive cri-
teria and guidance with respect to an employee of the 
Department communicating and reporting sexual as-
sault incidents and other safety incidents to— 
‘‘(A) supervisory personnel of the employee 
at— 
‘‘(i) a medical facility of the Depart-
ment; 
‘‘(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 De-
partment. 
‘‘(6) Clear and consistent criteria and guidelines 
with respect to an employee of the Department refer-
ring 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. 
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‘‘(7) An accountable oversight system within the 
Veterans Health Administration that includes— 
‘‘(A) systematic information sharing of re-
ported 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 clin-
ical management of the treatment of sexual assaults 
that are reported more than 72 hours after the as-
sault. 
‘‘(c) UPDATES TO POLICY.—The Secretary shall review 
and revise the policy required by subsection (a) on a peri-
odic 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 Representa-
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tives 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 inci-
dents and other safety incidents reported by each 
medical facility of the Department; 
‘‘(B) a detailed description of the implementa-
tion of the policy required by subsection (a), includ-
ing any revisions made to such policy from the pre-
vious 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 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 Vet-
erans 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 develop-
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ment of the performance measures described in section 
1709(d)(2)(C) of title 38, United States Code, as added by 
subsection (a). 
SEC. 3. INCREASED FLEXIBILITY IN ESTABLISHING PAY-
MENT RATES FOR NURSING HOME CARE PRO-
VIDED BY STATE HOMES. 
(a) IN GENERAL.—Section 1745(a) of title 38, United 
States Code, is amended— 
(1) in paragraph (1), by striking ‘‘The Secretary 
shall pay each State home for nursing home care at 
the rate determined under paragraph (2)’’ and insert-
ing ‘‘The Secretary shall enter into a contract (or 
agreement under section 1720(c)(1) of this title) with 
each State home for payment by the Secretary for 
nursing home care provided in the home’’; and 
(2) by striking paragraph (2) and inserting the 
following new paragraph (2): 
‘‘(2) Payment under each contract (or agreement) be-
tween the Secretary and a State home under paragraph (1) 
shall be based on a methodology, developed by the Secretary 
in consultation with the State home, to adequately reim-
burse the State home for the care provided by the State 
home under the contract (or agreement).’’. 
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(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall apply to care provided on or after January 
1, 2012. 
SEC. 4. REHABILITATIVE SERVICES FOR VETERANS WITH 
TRAUMATIC BRAIN INJURY. 
(a) REHABILITATION PLANS AND SERVICES.—Section 
1710C of title 38, United States Code, is amended— 
(1) in subsection (a)(1), by inserting before the 
semicolon the following: ‘‘with the goal of maximizing 
the individual’s independence’’; 
(2) in subsection (b)— 
(A) in paragraph (1)— 
(i) by inserting ‘‘(and sustaining im-
provement in)’’ after ‘‘improving’’; 
(ii) by inserting ‘‘behavioral,’’ after 
‘‘cognitive,’’; 
(B) in paragraph (2), by inserting ‘‘reha-
bilitative services and’’ before ‘‘rehabilitative 
components’’; and 
(C) in paragraph (3)— 
(i) by striking ‘‘treatments’’ the first 
place it appears and inserting ‘‘services’’; 
and 
(ii) by striking ‘‘treatments and’’ the 
second place it appears; and 
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(3) by adding at the end the following new sub-
section: 
‘‘(h) REHABILITATIVE SERVICES DEFINED.—For pur-
poses of this section, and sections 1710D and 1710E of this 
title, the term ‘rehabilitative services’ includes— 
‘‘(1) rehabilitative services, as defined in section 
1701 of this title; 
‘‘(2) treatment and services (which may be of on-
going duration) to sustain, and prevent loss of, func-
tional gains that have been achieved; and 
‘‘(3) any other rehabilitative services or supports 
that may contribute to maximizing an individual’s 
independence.’’ 
(b) REHABILITATION SERVICES IN COMPREHENSIVE 
PROGRAM
FOR
LONG-TERM
REHABILITATION.—Section 
1710D(a) of title 38, United States Code, is amended— 
(1) by inserting ‘‘and rehabilitative services (as 
defined in section 1710C of this title)’’ after ‘‘long- 
term care’’; and 
(2) by striking ‘‘treatment’’. 
(c) REHABILITATION SERVICES IN AUTHORITY FOR 
COOPERATIVE AGREEMENTS FOR USE OF NON-DEPART-
MENT
FACILITIES
FOR
REHABILITATION.—Section 
1710E(a) of title 38, United States Code, is amended by 
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inserting ‘‘, including rehabilitative services (as defined in 
section 1710C of this title),’’ after ‘‘medical services’’. 
(d) 
TECHNICAL
AMENDMENT.—Section 
1710C(c)(2)(S) of title 38, United States Code, is amended 
by striking ‘‘opthamologist’’ and inserting ‘‘ophthalmol-
ogist’’. 
SEC. 5. USE OF SERVICE DOGS ON PROPERTY OF THE DE-
PARTMENT OF VETERANS AFFAIRS. 
Section 901 of title 38, United States Code, is amended 
by adding at the end the following new subsection: 
‘‘(f) The Secretary may not prohibit the use of service 
dogs in any facility or on any property of the Department 
or in any facility or on any property that receives funding 
from the Secretary.’’. 
SEC. 6. DEPARTMENT OF VETERANS AFFAIRS PILOT PRO-
GRAM ON DOG TRAINING THERAPY. 
(a) IN GENERAL.—Commencing not later than 120 
days after the date of the enactment of this Act, the Sec-
retary of Veterans Affairs shall implement a three-year 
pilot program for the purpose of assessing the effectiveness 
of using dog training activities as a component of inte-
grated post-deployment mental health and post-traumatic 
stress disorder rehabilitation programs at Department of 
Veterans Affairs medical centers to positively affect veterans 
with post-deployment mental health conditions and post- 
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traumatic stress disorder symptoms and to produce spe-
cially trained dogs that meet criteria for becoming service 
dogs for veterans with disabilities. 
(b) LOCATION OF PILOT PROGRAM.—The pilot pro-
gram shall be carried out at between one and three Depart-
ment of Veterans Affairs medical centers selected by the Sec-
retary for such purpose. In selecting medical centers for the 
pilot program, the Secretary shall— 
(1) ensure that each medical center selected— 
(A) has an established mental health reha-
bilitation program that includes a clinical focus 
on rehabilitation treatment of post-deployment 
mental health conditions and post-traumatic 
stress disorder; and 
(B) has a demonstrated capability and ca-
pacity to incorporate service dog training activi-
ties into the rehabilitation program; and 
(2) shall review and consider using recommenda-
tions published by Assistance Dogs International, 
International Guide Dog Federation, or comparably 
recognized experts in the art and science of basic dog 
training with regard to space, equipments, and meth-
odologies. 
(c) DESIGN OF PILOT PROGRAM.—In carrying out the 
pilot program, the Secretary shall— 
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(1) administer the program through the Depart-
ment of Veterans Affairs Patient Care Services Office 
as a collaborative effort between the Rehabilitation 
Office and the Office of Mental Health Services; 
(2) ensure that the national pilot program lead 
of the Patient Care Services Office has sufficient ad-
ministrative experience to oversee all pilot program 
sites; 
(3) establish partnerships through memorandums 
of understanding with Assistance Dog International 
organizations, International Guide Dog Federation 
organizations, academic affiliates, or organizations 
with equivalent credentials with experience in teach-
ing others to train service dogs for the purpose of ad-
vising the Department of Veterans Affairs regarding 
the design, development, and implementation of pilot 
program; 
(4) ensure that each pilot program site has ob-
tained a service dog training instructor certified by 
Assistance Dog International, International Guide 
Dog Federation, or an organization with equivalent 
credentials to oversee service dog training activities; 
(5) ensure that dogs selected for use in the pro-
gram meet all health clearance, age, and temperament 
criteria as outlined by Assistance Dog International, 
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International Guide Dog Federation, or an organiza-
tion with equivalent credentials and the Centers for 
Disease Control and Prevention; 
(6) consider dogs residing in animal shelters or 
foster homes for participation in the program if such 
dogs meet the selection criteria under this subsection; 
and 
(7) ensure that each dog selected for the program 
is taught all basic commands and behaviors essential 
to being accepted by an accredited service dog train-
ing organization to be partnered with a disabled vet-
eran for final individualized service dog training tai-
lored to meet the needs of the veteran. 
(d) VETERAN PARTICIPATION.—A veteran diagnosed 
with post-traumatic stress disorder or another post-deploy-
ment mental health condition may volunteer to participate 
in the pilot program required by subsection (a) and may 
participate in the program if the Secretary determines that 
adequate program resources are available for such veteran 
to participate at the pilot program site. 
(e) HIRING PREFERENCE.—In selecting service dog 
training instructors for the pilot program, the Secretary 
shall give a preference to a veteran who successfully com-
pleted a post-traumatic stress disorder or other residential 
treatment program and who has received certification in 
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service dog training from an Assistance Dog International 
or International Guide Dog Federation accredited program. 
(f) COLLECTION OF DATA.—The Secretary shall collect 
data on the pilot program to determine the effectiveness of 
the program in positively affecting veterans with post-trau-
matic stress disorder or other post-deployment mental 
health conditions and the potential for expanding the pro-
gram to additional Department of Veterans Affairs medical 
centers. Such data shall be collected and analyzed using 
valid and reliable methodologies and instruments. 
(g) REPORTS TO CONGRESS.— 
(1) ANNUAL REPORTS.—Not later than one year 
after the date of the commencement of the pilot pro-
gram, and annually thereafter for the duration of the 
pilot program, the Secretary shall submit to Congress 
a report on the pilot program. Each such report shall 
include— 
(A) the number of veterans participating in 
the pilot program; 
(B) a description of the services carried out 
by the Secretary under the pilot program; 
(C) the effects that participating in the 
pilot program has on veterans with post-trau-
matic stress disorder and post-deployment men-
tal health conditions; 
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(2) FINAL REPORT.—At the conclusion of pilot 
program, the Secretary shall submit to Congress a 
final report that includes recommendations with re-
spect to the extension or expansion of the pilot pro-
gram. 
(h) DEFINITION.—For the purposes of this section, the 
term ‘‘service dog training instructor’’ means an instructor 
recognized by an accredited dog organization training pro-
gram who provides hands-on training in the art and science 
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 pol-
icy on reporting and tracking sexual assault incidents 
and other safety incidents that occur at medical facilities 
of the Department of Veterans Affairs, to improve reha-
bilitative services for veterans with traumatic brain in-
jury, and for other purposes.’’. 
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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 
a comprehensive policy on reporting and tracking 
sexual assault incidents and other safety inci-
dents that occur at medical facilities of the De-
partment of Veterans Affairs. 
OCTOBER 5, 2011 
Reported with amendments, committed to the Committee 
of the Whole House on the State of the Union, and or-
dered to be printed 
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