112TH CONGRESS 
1ST SESSION H. R. 2074 
AN ACT 
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, 
to improve rehabilitative services for veterans with trau-
matic brain injury, and for other purposes.
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 As-
sault 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 
tracking 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 
assaults lead to prosecution or conviction; 
‘‘(2) criminal and purposefully unsafe acts;
‘‘(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 
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 sex-
ual assault that a veteran may pose while being 
treated at a medical facility of the Department, in-
cluding clear and consistent guidance on the collec-
tion 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 aware-
ness, preparedness, precautions, and police assist-
ance.
‘‘(4) The mandatory implementation, use, and 
regular testing of appropriate physical security pre-
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 
assault 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 Inte-
grated 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 guide-
lines 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 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 sex-
ual 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 re-
view 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 Rep-
resentatives 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 in-
cidents 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 improv-
ing the safety and security of the medical facilities 
of the Department, including the performance meas-
ures 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 
Veterans Affairs shall submit to the Committee on Vet-
erans’ 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). 
SEC. 3. INCREASED FLEXIBILITY IN ESTABLISHING PAY-
MENT RATES FOR NURSING HOME CARE PRO-
VIDED BY STATE HOMES. 
(a) IN GENERAL.— 
(1) CONTRACTS AND AGREEMENTS FOR NURS-
ING
HOME
CARE.—Section 1745(a) of title 38, 
United States Code, is amended— 
(A) in paragraph (1), by striking ‘‘The 
Secretary shall pay each State home for nursing 
home care at the rate determined under para-
graph (2)’’ and inserting ‘‘The Secretary shall 
enter into a contract (or agreement under sec-
tion 1720(c)(1) of this title) with each State 
home for payment by the Secretary for nursing 
home care provided in the home’’; and 
(B) by striking paragraph (2) and insert-
ing 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 Sec-
retary in consultation with the State home, to adequately 
reimburse the State home for the care provided by the 
State home under the contract (or agreement).’’. 
(2) 
STATE
NURSING
HOMES.—Section 
1720(c)(1)(A) of such title is amended— 
(A) in clause (i), by striking ‘‘; and’’ and 
inserting a semicolon; 
(B) in clause (ii), by striking the period at 
the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
clause: 
‘‘(iii) a provider of services eligible to enter into 
a contract pursuant to section 1745(a) of this title 
who is not otherwise described in clause (i) or (ii).’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to care provided on or after Jan-
uary 1, 2012. 
SEC. 4. REHABILITATIVE SERVICES FOR VETERANS WITH 
TRAUMATIC BRAIN INJURY. 
(a) REHABILITATION PLANS AND SERVICES.—Sec-
tion 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 maxi-
mizing 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 
(3) by adding at the end the following new sub-
section: 
‘‘(h) REHABILITATIVE
SERVICES
DEFINED.—For 
purposes 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 
ongoing duration) to sustain, and prevent loss of, 
functional gains that have been achieved; and
‘‘(3) any other rehabilitative services or sup-
ports that may contribute to maximizing an individ-
ual’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 
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 amend-
ed 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 sub-
section:
‘‘(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 effective-
ness of using dog training activities as a component of 
integrated post-deployment mental health and post-trau-
matic stress disorder rehabilitation programs at Depart-
ment of Veterans Affairs medical centers to positively af-
fect veterans with post-deployment mental health condi-
tions and post-traumatic stress disorder symptoms and, 
through such activities, to produce specially 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 one Department of Veterans 
Affairs medical center selected by the Secretary for such 
purpose at a location other than in the Department of Vet-
erans Affairs Palo Alto health care system in Palo Alto,
California. In selecting a medical center for the pilot pro-
gram, the Secretary shall— 
(1) ensure that the 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 rec-
ommendations published by Assistance Dogs Inter-
national, International Guide Dog Federation, or 
comparably recognized experts in the art and science 
of basic dog training with regard to space, equip-
ments, and methodologies. 
(c) DESIGN OF PILOT PROGRAM.—In carrying out 
the pilot program, the Secretary shall— 
(1) administer the program through the De-
partment of Veterans Affairs Patient Care Services 
Office as a collaborative effort between the Rehabili-
tation Office and the Office of Mental Health Serv-
ices;
(2) ensure that the national pilot program lead 
of the Patient Care Services Office has sufficient ad-
ministrative experience to oversee the pilot program; 
(3) establish partnerships through memoran-
dums of understanding with Assistance Dogs Inter-
national organizations, International Guide Dog 
Federation organizations, academic affiliates, or or-
ganizations with equivalent credentials with experi-
ence in teaching others to train service dogs for the 
purpose of advising the Department of Veterans Af-
fairs regarding the design, development, and imple-
mentation of pilot program; 
(4) ensure that the pilot program site has a 
service dog training instructor; 
(5) ensure that dogs selected for use in the pro-
gram meet all health clearance, age, and tempera-
ment criteria as outlined by Assistance Dogs Inter-
national, International Guide Dog Federation, or an 
organization 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 sub-
section; and
(7) ensure that each dog selected for the pro-
gram is taught all basic commands and behaviors es-
sential to being accepted by an accredited service 
dog training organization to be partnered with a dis-
abled veteran for final individualized service dog 
training tailored to meet the needs of the veteran. 
(d) VETERAN PARTICIPATION.—A veteran who is en-
rolled in the health care system established under section 
1705(a) of title 38, United States Code, and is diagnosed 
with post-traumatic stress disorder or another post-de-
ployment mental health condition may volunteer to partici-
pate in the pilot program required by subsection (a) of 
this section and may participate in the program if the Sec-
retary determines that adequate program resources are 
available for such veteran to participate at the pilot pro-
gram site. 
(e) HIRING PREFERENCE.—In hiring service dog 
training instructors for the pilot program required by sub-
section (a), the Secretary shall give a preference to vet-
erans in accordance with section 2108 and 3309 of title 
5, United States Code. 
(f) COLLECTION OF DATA.—The Secretary shall col-
lect data on the pilot program required by subsection (a) 
to determine the effectiveness of the program in positively 
affecting veterans with post-traumatic stress disorder or
other post-deployment mental health condition symptoms 
and the potential for expanding the program to additional 
Department of Veterans Affairs medical centers. Such 
data shall be collected and analyzed using valid and reli-
able methodologies and instruments. 
(g) REPORTS TO CONGRESS.— 
(1) ANNUAL
REPORTS.—Not later than one 
year after the date of the commencement of the pilot 
program, 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; 
and 
(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. 
(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 in-
structor recognized by an accredited dog organization 
training program who provides hands-on training in the 
art and science of service dog training and handling. 
SEC. 7. ELIMINATION OF ANNUAL REPORT ON STAFFING 
FOR NURSE POSITIONS. 
Section 7451(e) of title 38, United States Code, is 
amended— 
(1) by striking paragraph (5); and 
(2) by redesignating paragraph (6) as para-
graph (5). 
Passed the House of Representatives October 11, 
2011. 
Attest: 
Clerk.
112TH CONGRESS 
1ST SESSION 
H. R. 2074 
AN ACT 
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, to improve reha-
bilitative services for veterans with traumatic 
brain injury, and for other purposes.