[Congressional Record Volume 157, Number 151 (Tuesday, October 11, 2011)]
[House]
[Pages H6689-H6693]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VETERANS SEXUAL ASSAULT PREVENTION AND HEALTH CARE ENHANCEMENT ACT
Mr. MILLER of Florida. Madam Speaker, I move to suspend the rules and
pass the bill (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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2074
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
[[Page H6690]]
(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).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Florida (Mr. Miller) and the gentleman from California (Mr. Filner)
each will control 20 minutes.
The Chair recognizes the gentleman from Florida.
Mr. MILLER of Florida. Madam Speaker, I yield myself such time as I
may consume.
I rise in strong support of H.R. 2074, as amended, the Veterans
Sexual Assault Prevention and Health Care Enhancement Act. The bill
before us is, in fact, a bipartisan product of many months worth of
oversight on behalf of our Health Subcommittee. It's derived from
numerous proposals championed by Members from both sides of the aisle
to improve the care and the services provided to our veterans by the
Department of Veterans Affairs.
Of special note is a provision introduced by our Health Subcommittee
chairwoman, Ms. Ann Marie Buerkle, and myself. This provision would
address the findings of a Government Accountability Office report
detailing the high prevalence of sexual assault incidents at VA medical
facilities and the very serious failures in accountability on the part
of VA leadership.
As I've said before, just one assault, just one assault of this
nature, one sexual predator or one veteran's rights being violated
within the VA is one too many.
I am grateful to my good friend, the ranking member, Mr. Filner, and
the Health Subcommittee Chairwoman, Ann Marie Buerkle and Ranking
Member Mike Michaud for the leadership that they have shown in bringing
this legislation forward to strengthen the VA health care system for
our veteran heroes.
I now yield such time as she may consume to my good friend and
colleague from New York, Chairwoman Buerkle, to further discuss the
provisions of H.R. 2074, as amended.
Ms. BUERKLE. I thank the chairman.
Madam Speaker, I rise in strong support of H.R. 2074, as amended, the
Veterans Sexual Assault Prevention and Health Care Enhancement Act.
H.R.
[[Page H6691]]
2074, as amended, includes several worthy legislative proposals brought
forth by the Members from both sides reflecting the subcommittee's
oversight and activities to date.
This bill would create a safer Department of Veterans Affairs health
care system, allow for greater flexibility in VA payments to State
Veterans homes, break down barriers to care for veterans with traumatic
brain injury, clarify access rights of service dogs on VA property, and
expand an innovative therapeutic option for veterans struggling with
post-traumatic stress.
Section 2 of the bill would require the VA to develop a comprehensive
policy on the prevention, monitoring, reporting, and tracking of sexual
assaults and other safety instances at VA facilities. I, along with the
chairman, introduced this measure in response to a disturbing report
issued by the Government Accountability Office in early June of this
year regarding the prevalence of sexual assaults and other safety
instances on VA property and the very serious safety vulnerabilities,
security problems, and oversight failures by VA leadership.
Abusive behavior like the kind documented by GAO is unacceptable in
any form, but for it to be found in what should be an environment of
caring for our honored veterans is simply intolerable.
As a registered nurse and domestic violence counselor, I am all too
familiar with the corrosive and harmful effects sexual and physical
violence can have on the lives of its victims. It is an experience I
wish on no one, much less one of our Nation's heroes or hardworking
medical professionals.
Madam Speaker, it is critically important that we take every
available step to protect the personal safety and well-being of our
veterans who seek care through the VA and all of the hardworking
employees who strive to provide that care on a daily basis.
The provisions included in this bill would require VA to develop
clear and comprehensive criteria with respect to the reporting of
instances for both clinical and law enforcement personnel, a
comprehensive policy on reporting and tracking, risk assessment tools,
a mandatory safety awareness and preparedness training program for
employees, appropriate physical security precautions, and a centralized
and accountable oversight system.
Madam Speaker, I'm confident that these requirements will resolve the
many wrongs uncovered by the GAO and ensure that the VA health care
system remains a safe haven of healing for our honored veterans.
Madam Speaker, section 3 of the bill would allow for increased
flexibility in establishing rates for reimbursement to State homes for
nursing home care provided to veterans with a service-connected
disability rated at 70 percent or greater, or in need of such care due
to a service-connected condition.
State veterans homes have a long history of providing high quality
care to some of our Nation's most vulnerable veterans. By requiring the
VA to enter into a contract or agreement separately with each State
home based on the particular needs of that veteran, this bill would
correct an unintended consequence in law that has negatively impacted
certain State homes and, consequently, the veterans under their care.
This proposal was spearheaded by my friend and colleague, the ranking
member from Maine, Mr. Mike Michaud. I would like to thank him for his
advocacy and his hard work in advancing this proposal and recognizing
the great service that our State homes provide.
Madam Speaker, section 4 of the bill would improve the provision of
rehabilitative care to veterans with traumatic brain injury by
including the goal of maximizing independence and improving behavioral
and mental health functioning within individual rehabilitation and
reintegration programs.
It would also require that rehabilitative services be included within
any comprehensive long-term care services for veterans with traumatic
brain injury. Many concerns have been raised by veterans and veterans
service organizations that current law is being inappropriately
interpreted to limit rehabilitative care for veterans with TBI to only
those services that restore function.
Madam Speaker, it is vital that we ensure that the recovery process
for our veterans, especially those facing a lifetime of cognitive and
neurological impairment, is ongoing, unburdened by institutional
barriers, and extends beyond a strictly medical model to include
services that allow those struggling to advance functional gains and
reintegrate successfully into their home communities.
Madam Speaker, this provision was introduced by Mr. Tim Walz of
Minnesota, a veteran and valuable member of our Subcommittee on Health,
and I would like to extend my personal gratitude to him for his service
and for this proposal.
Section 5 of the bill would clarify the access rights of service dogs
on VA property and in VA facilities. This provision, introduced by Mr.
John Carter of Texas, would amend an outdated VA policy that has left
some disabled veterans and service dogs they need to function out in
the cold.
Unlike guide dogs for visually impaired veterans, service dogs are
not guaranteed entry at VA facilities under Federal law. Recognizing
the immense therapeutic value service dogs can have in promoting
functionality and independence for our veterans, this provision would
require that service dogs do have access to VA facilities consistent
with the same terms and conditions and subject to the same regulations
as generally govern the admittance of guide dogs on VA property.
Madam Speaker, section 6 of this bill would direct VA to carry out a
3-year pilot program to assess the effectiveness of addressing post-
deployment mental health and post-traumatic stress disorder, PTSD
symptoms, through service dog training therapy.
This legislation would allow for the expansion of promising and
successful service dog training therapy programs currently in use at
the VA Medical Center in Palo Alto, California, and the National
Intrepid Center of Excellence in Bethesda, Maryland. Veterans
participating in these programs have demonstrated improved emotional
regulation, social integration, sleep patterns, and a sense of purpose
and personal safety.
The prevalence, Madam Speaker, of post-deployment mental health
issues and post-traumatic stress disorder is rising among our veteran
population, with over 190,000 veterans of Iraq and Afghanistan having
sought treatment in VA for post-traumatic stress disorder.
{time} 1450
Veterans who struggle with mental health issues need and deserve the
very best we can provide in care and treatment. Providing them with
every tool necessary to reintegrate healthfully back into their
families and home communities and achieve maximum health and wellness
is one of my and my subcommittee's top priorities.
We must continue to explore new and innovative therapeutic options to
alleviate the symptoms of post-traumatic stress; and I thank my friend
and fellow New Yorker, Mr. Michael Grimm, for his previous service to
our country in the Marine Corps and for his very strong commitment to
moving this initiative forward to assist his fellow veterans.
Finally, Madam Speaker, section 7 of the bill would eliminate the
requirement for the VA to provide Congress with an annual report on
staffing for nurses and nurse anesthetists. This cumbersome and costly
report was enacted almost 11 years ago. It is estimated to cost
approximately $113,000 per year to produce. The report's intended
purpose was to keep Congress apprised of recruitment and retention
issues facing certain nursing positions within the VA. However,
following that, Congress enacted Public Law 107-135, the Veterans
Affairs Health Care Programs Enhancement Act, which fundamentally
strengthened VA's ability to recruit and retain qualified nursing
professionals through additional employee benefits and incentives.
Reporting requirements included in this law, as well as a variety of
other ways and means in which Congress can obtain such data, render
this report unnecessary. Further, for the last several years, the
report has concluded that nurse staffing remain stable within the
Veterans Affairs Department. Additionally, eliminating the burdensome
reporting requirement does not in any way reduce other existing
requirements for VA to gather information on
[[Page H6692]]
nurse staffing facility leadership, ensuring that such data continues
to be readily available to Congress and other stakeholders.
Madam Speaker, it has been an honor for me to work with my colleagues
in a truly bipartisan manner to move H.R. 2074, as amended, forward;
and I would like to thank each of them, particularly Chairman Jeff
Miller and Ranking Member Bob Filner, and Health Subcommittee ranking
member, Mike Michaud, for their tireless support on behalf of our
honored veterans.
Madam Speaker, I urge all of my colleagues to join me in supporting
this important legislation.
Mr. FILNER. Madam Speaker, I yield myself such time as I may consume.
Obviously, nothing is more important than the safety of our veterans;
and this bill, H.R. 2074, contains many provisions to help improve the
safety and health care of our veterans.
Because of a report I requested as chair, the GAO presenter ``VA
Health Care: Actions Needed to Prevent Sexual Assaults and Other Safety
Incidents.'' That report found that veterans and employees were exposed
to personal dangers, including sexual assaults, in the very facilities
that should be protecting them.
And, Madam Speaker, I think we ought to be more outraged given the
findings of that report. That report found that there were not just
dozens of alleged sexual assaults that went unreported, not even scores
of such assaults, but hundreds of them--hundreds of sexual assaults
alleged but not reported by those who had the obligation and
responsibility to report them.
How are our veterans protected when they can't even have a report of
an alleged assault? What message does that give to people that the
military & the VA care about what's going on here and what's going on
with their safety? That's who we should be going after here, by the
way. It's very clear who has the responsibility about reporting such
assaults, and yet they were not reported in the hundreds of cases, and
that was only, by the way, at some selected study places. Who knows
what we would have found in the whole institution?
I don't know that the VA has ever reprimanded any of those people. I
don't know that the VA has ever said to the Veterans Administration
that this will not be tolerated, that not only are we going to report
on them, but investigate them and bring people to justice. I don't know
that any of that has happened. That's what this bill should be trying
to focus on. What happens to those people who don't report them? What
happens to the cover-ups? What happens to those who protect each other
as people are assaulted?
I'm not sure that we have come to grips with this issue. This report
was outrageous. This report was incredibly, incredibly tragic. And all
I find is we are going to do some process changes in here--and I
support those, and we'll vote for the bill. But we're sending a message
here to the entire 250,000 working people of this VA that we're not
really concerned about them, we're not reporting them, we're not
getting to those people covering up, we're not getting at those people
who protect each other, we're not getting at those who have violated
the law by not reporting such incidents.
Let's go after them. Let's give our veterans some comfort that their
safety is protected.
I reserve the balance of my time.
Mr. MILLER of Florida. Madam Speaker, I associate myself with the
comments of my colleague. It is egregious that there have been so many
sexual assaults that have, in fact, gone unreported by the VA. I would
encourage my good friend and his colleagues to work with us and provide
amendments in any way that they see important to help bills like this
strengthen the reporting requirements and to help us in an oversight
and investigative response of this Congress, which is trying to do more
on the oversight and investigative side. The last Congress did very
little, and even those under Republican administrations did very
little.
We're trying to reengage the oversight and investigation side, and I
think that it is very important that we work together; and I do commend
my good friend for his outrage on this particular report that came out,
and I will work with him in any way possible.
With that, I yield such time as he may consume to my good friend from
the Staten Island area of New York, the 13th Congressional District,
Congressman Grimm.
Mr. GRIMM. Thank you, Chairman Miller.
I rise today in strong support of H.R. 2074, which includes the text
of H.R. 198, the Veterans Dog Training Therapy Act. That's a bill that
I introduced along with our lead cosponsor, House Veterans' Affairs
Health Subcommittee Ranking Member Michaud. A special thank you to the
ranking member. As a marine combat veteran, it's a unique honor for me
to see this bill considered today by the full House.
Over the past 9 months, I've had the honor to meet with our Nation's
veterans who are now faced with the challenges of coping with PTSD and
physical disabilities resulting from their service in Iraq and
Afghanistan. Their stories are not for the weak of heart, and they're
truly moving, with these personal accounts of their recovery, both
physical and mental, and the important role therapy and service dogs
played that inspired this legislation.
The Veterans Dog Training Therapy Act would require the Department of
Veterans Affairs to conduct a pilot program in VA medical centers
assessing the effectiveness of addressing post-deployment mental health
and PTSD through the therapeutic medium of training service dogs for
veterans with disabilities. These trained service dogs are then given
to physically disabled veterans to help them with their daily
activities.
Simply put, this program treats veterans suffering from PTSD while at
the same time aiding those suffering from physical disabilities. Since
it was introduced, this legislation has gained the bipartisan support
of 96 cosponsors. With veteran suicide rates at all-time highs and more
and more servicemen and -women being diagnosed with PTSD, this bill
meets a crucial need for additional treatment methods. I believe that
by caring for our Nation's veterans, while at the same time providing
assistance dogs to those with physical disabilities, we create a win-
win scenario for everyone. This is a goal we can all be proud to
accomplish.
Just as an added bonus, we provide these wonderful animals with a
loving and safe environment. And that's why I strongly urge all of my
colleagues to join me in support of H.R. 2074.
AMVETS,
Lanham, MD, October 11, 2011.
Hon. Michael Grimm,
House of Representatives, Cannon House Office Building,
Washington, DC.
Dear Congressman Grimm: On behalf of AMVETS (American
Veterans), I am writing to express our support of H.R. 198,
the ``Veterans Dog Training Therapy Act.'' AMVETS supports
the updated language of H.R. 198 that is now an amendment in
H.R. 2074. We believe the current language in H.R. 2074 will
ensure this bill provides our veterans the highest quality
care, while at the same time maintaining our commitment to
fiscal responsibility.
As you may know, AMVETS has partnered with the Assistance
Dogs International (ADI) accredited Assistance Dog agency
Paws With A Cause for over 30 years, in an effort to help
provide disabled veterans Service Dogs. Through our
experiences we have seen what an immeasurable asset these
dogs have proven to be to both the trainers and recipients.
This has included, but is not limited to, improvements in
both physical and mental health, quality of life and the
independence these dogs afford disabled veterans.
Furthermore, AMVETS believes H.R. 198, as an amendment in
H.R. 2074, will prove to be both beneficial to veterans and
to the Department of Veterans Affairs in the development of
stronger policies and procedures regarding Service Dogs
within the VA health care system, as well as being fiscally
responsible through the partnering of VA facilities with
private sector industry expert ADI agencies for this study.
AMVETS lends our support to H.R. 198, as an amendment in
H.R. 2074 and again applauds your dedication to our veteran
community.
Sincerely,
Christina M. Roof,
National Deputy Legislative Director.
{time} 1500
Mr. FILNER. I yield such time as he may consume to the ranking member
of our Health Subcommittee, someone who has served for 4 years as the
chair and who has done so much good for our veterans throughout the
Nation, the gentleman from Maine (Mr. Michaud).
Mr. MICHAUD. I thank Ranking Member, Filner for yielding.
As my colleagues have stated, our veterans' safety should be one of
our
[[Page H6693]]
top priorities, and the Veterans Sexual Assault Prevention and Health
Care Enhancement Act does just that.
I would like to thank Chairman Miller and Ranking Member Bob Filner,
the chair of the subcommittee, as well as all of my colleagues on the
House Veterans Affairs' Committee, for working in such a bipartisan
manner to get this very important health care bill to the floor.
Within H.R. 2074, I would like to highlight two important provisions,
and you heard the chairwoman explain the bill very eloquently.
The first provision I would like to highlight is section 2, which was
offered by the chair of the Subcommittee on Health, Ms. Buerkle. The
provision will correct the troubling findings in a GAO report. The
report essentially found that veterans and employees were exposed to
personal dangers, including sexual assault. This is simply
unacceptable, and I want to thank the subcommittee chair for offering
this bill to us.
The second provision I would like to highlight is in section 3, my
provision of the bill. Section 3 would provide much needed flexibility
in the way the State veterans' homes get reimbursed for the care they
provide to veterans who need that care for a service-connected
condition or a service-connected condition of 70 percent or greater.
This will ensure that these veterans are not put out on the streets.
The Subcommittee on Health has been working on this bill for well
over 2 years, and now I am finally pleased to see that this bill is
moving forward. Hopefully, my colleagues on both sides of the aisle
will support this very important piece of legislation as we have to do
all that we can to help our veterans and their families. This bill is
one that takes a different approach to dealing with our veterans and
their problems.
Mr. MILLER of Florida. Madam Speaker, I yield 2 minutes to the
gentleman from the 31st District of Texas (Mr. Carter).
Mr. CARTER. I thank the chairman for yielding.
I want to thank the chairman and chairwoman for adopting H.R. 2074 to
include H.R. 1154, the Veterans Equal Treatment for Service Dogs--the
vet dogs--bill.
This ensures that veterans with service dogs have equal access to VA
facilities. It amends title 38 of the U.S.C. to ensure that the VA
allows medical service dogs in addition to seeing eye and guide dogs in
VA facilities. This is sort of a no-brainer. A medical service dog's
usage has been expanded to deal with all types of brain injury, hearing
loss, seizures, vets who have lost limbs--for assistance mobility--and
there are many other important areas in which these service dogs are
making our veterans better.
Both the ADA and the Rehabilitation Act support this bill. The VA
issued a directive recently to allow service dogs into their
facilities, a directive good for 5 years. I applaud the VA in that
effort, but this bill makes this directive permanent.
This is important for these veterans. If you see them with their
dogs, you'll know that the friendship and the love and the affection
and assistance that these dogs provide is invaluable to our injured
veterans.
Harry Truman once made the statement, If you want a friend in
Washington, D.C., get a dog. I am just trying to make sure by this
bill--and we are trying to make sure--that our veterans don't have to
leave their friends outside the door.
Mr. FILNER. I have no further requests for time and would be prepared
to close once the chairman has no further speakers.
Mr. MILLER of Florida. I have no further requests for time.
Mr. FILNER. I yield myself such time as I may consume.
As I said earlier, this is a bill that has a lot of good things in
it, and I wish we had gone further.
I met with the GAO this morning. They said they could follow up
reports such as this with an investigation of personnel actions, for
example, and could report back to us in terms that don't violate any
civil service protections that they would provide a third party kind of
review of the personnel actions that may have resulted from their
recommendations.
You don't have to answer now, but I would be prepared to work with
the chair to request such an investigation, because what we have done
here is, in response to the report that said reporting requirements
were not met in hundreds of cases at some few selected sites that they
examined, merely add new reporting requirements. They didn't follow the
first ones, so what good are more reporting requirements going to do?
There have to be some actions on the part of the Veterans
Administration that say to our employees, that say to our veterans that
there shall be no sexual assaults on our sites. Yet what we're saying
here is, oh, we'll add a few more reporting requirements. That doesn't
send a message, because we already had the reporting requirements.
Let's try to find a way--and I'll work with the chair to do this--to
send a message to our agency, not that we're going to pass another few
rules, but that we're going to take this seriously, that we're going to
demand that the employees who did not follow what is clearly stated in
rules and law about reporting alleged cases of sexual assault be
terminated. In my opinion, they ought to have been terminated. This is
so serious, and it would have sent such a good message to those who
might either perpetrate assault or to those who are victims of such
assault.
They should have been terminated. I doubt that they were. I doubt
that they were removed from their jobs. I would hope the VA might
contradict me, but I doubt that there was anything more than a note
saying they should do better in the future. I hope I'm wrong, but I
will tell you that the history of personnel actions in response to acts
such as these has not been one that gives confidence to me that we have
sent the right message.
So I will work with the chair to do whatever we can to send the right
message from this Congress and from the American people that these acts
will not be tolerated.
I yield back the balance of my time.
Mr. MILLER of Florida. Madam Speaker, I commit to working with the
ranking member on the further reporting of these incidents. I would add
that this particular piece of legislation does, in fact, incorporate
every single recommendation that the GAO gave to this committee in
their report.
General Leave
Mr. MILLER of Florida. I ask unanimous consent that all Members have
5 legislative days to revise and extend their remarks.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
Mr. MILLER of Florida. I encourage all Members to support this
legislation, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Florida (Mr. Miller) that the House suspend the rules
and pass the bill, H.R. 2074, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
The title was amended 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.''.
A motion to reconsider was laid on the table.
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