[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2074 Referred in Senate (RFS)]

112th CONGRESS
  1st Session
                                H. R. 2074


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 12, 2011

Received; read twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 AN ACT


 
   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.

    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 
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:
``Sec. 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 (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 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).

SEC. 3. INCREASED FLEXIBILITY IN ESTABLISHING PAYMENT RATES FOR NURSING 
              HOME CARE PROVIDED BY STATE HOMES.

    (a) In General.--
            (1) Contracts and agreements for nursing 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 paragraph (2)'' and inserting 
                ``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
                    (B) by striking paragraph (2) and inserting the 
                following new paragraph (2):
    ``(2) Payment under each contract (or agreement) between 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 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 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 
                        improvement in)'' after ``improving'';
                            (ii) by inserting ``behavioral,'' after 
                        ``cognitive'';
                    (B) in paragraph (2), by inserting ``rehabilitative 
                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 subsection:
    ``(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 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-Department 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 amended by striking ``opthamologist'' and 
inserting ``ophthalmologist''.

SEC. 5. USE OF SERVICE DOGS ON PROPERTY OF THE DEPARTMENT 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 PROGRAM ON DOG TRAINING 
              THERAPY.

    (a) In General.--Commencing not later than 120 days after the date 
of the enactment of this Act, the Secretary 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 
integrated 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-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 program 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 Veterans Affairs Palo Alto health care system in Palo 
Alto, California. In selecting a medical center for the pilot program, 
the Secretary shall--
            (1) ensure that the medical center selected--
                    (A) has an established mental health rehabilitation 
                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 capacity to 
                incorporate service dog training activities into the 
                rehabilitation program; and
            (2) shall review and consider using recommendations 
        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 methodologies.
    (c) Design of Pilot Program.--In carrying out the pilot program, 
the Secretary shall--
            (1) administer the program through the Department 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 administrative 
        experience to oversee the pilot program;
            (3) establish partnerships through memorandums of 
        understanding with Assistance Dogs International organizations, 
        International Guide Dog Federation organizations, academic 
        affiliates, or organizations with equivalent credentials with 
        experience in teaching others to train service dogs for the 
        purpose of advising the Department of Veterans Affairs 
        regarding the design, development, and implementation 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 program meet 
        all health clearance, age, and temperament criteria as outlined 
        by Assistance Dogs International, 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 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 training organization to be partnered 
        with a disabled veteran for final individualized service dog 
        training tailored to meet the needs of the veteran.
    (d) Veteran Participation.--A veteran who is enrolled 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-deployment mental health condition may volunteer to 
participate in the pilot program required by subsection (a) of this 
section 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 hiring service dog training instructors 
for the pilot program required by subsection (a), the Secretary shall 
give a preference to veterans in accordance with section 2108 and 3309 
of title 5, United States Code.
    (f) Collection of Data.--The Secretary shall collect 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 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 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-traumatic stress 
                disorder and post-deployment mental health conditions.
            (2) Final report.--At the conclusion of pilot program, the 
        Secretary shall submit to Congress a final report that includes 
        recommendations with respect to the extension or expansion of 
        the pilot program.
    (h) Definition.--For the purposes of this section, the term 
``service dog training instructor'' means an instructor 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 paragraph (5).

            Passed the House of Representatives October 11, 2011.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.