[Page S8001]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 1429. Mr. TOOMEY submitted an amendment intended to be proposed by 
him to the bill S. 1867, to authorize appropriations for fiscal year 
2012 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle H of title X, add the following:

     SEC. ___. 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 February 1, 2012, 
     the Secretary 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 the 
     following:
       ``(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).
       ``(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 sections 1.201 and 1.204 of title 38, Code of 
     Federal Regulations (or any successor 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 January 1 of each year 
     thereafter, the Secretary shall submit to the Committee on 
     Veterans' Affairs of the Senate and the Committee on 
     Veterans' Affairs of the House of Representatives a report on 
     the implementation of the policy during the preceding fiscal 
     year.
       ``(2) Each report required by paragraph (1) shall include, 
     for the fiscal year covered by such report, the following:
       ``(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.
       ``(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 of 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 Senate and the Committee on Veterans' Affairs of the 
     House of Representatives 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).
       (d) Repeal of Requirement for Annual Reports on Staffing 
     for Nurses at Department of Veterans Affairs Health-care 
     Facilities.--Section 7451(e) of title 38, United States Code, 
     is amended by striking paragraphs (4), (5), and (6).
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