119-HR5203

Bill is currently in: House
Path to Law
House Senate President

119th CONGRESS

1st Session

H. R. 5203

1. Directives regarding the management of acute sexual assault in the Department of Veterans Affairs

1. Directives regarding the management of acute sexual assault in the Department of Veterans Affairs

(a) Update - Not later than 18 months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall update directives of the Department of Veterans Affairs regarding emergency management of an acute sexual assault of a covered veteran, and ensure that the policies, of each medical facility, and of police, of the Department conform to such directive. Elements of such directives and policies shall include the following:

(1) - Updated policies and guidance for all employees of the Department of Veterans Affairs who respond to covered veterans.

(2) - A requirement that the director of a medical facility of the Department—

(A) - employs a certified SAFE clinical provider or a SANE certified through curricula such as those developed by the International Association of Forensic Nurses;

(B) - refers, pursuant to section 1703 of title 38, United States Code, covered veterans to a local non-Department health care provider that employs a certified SAFE clinical provider or a SANE; or

(C) - coordinates with the Under Secretary for Health and the Director of the Veteran Integrated Service Network concerned regarding alternate plans of care for covered veterans at such facility.

(3) - Requirements in the emergency medicine and urgent care directives of the Veterans Health Administration that a medical facility of the Department that employs a certified SAFE clinical provider or a SANE maintains a supply of unexpired rape kits.

(4) - If clinically indicated, a covered veteran shall be offered prophylaxes for sexually transmitted disease and for pregnancy. If so indicated, the personnel of the facility shall provide, to the health care providers of the facility who treat the covered veteran, clinical practice guidelines or clinical order sets.

(5) - Each covered veteran shall be offered local mental health care counseling or a referral to a mental health care provider. If such referral is to a non-Department provider, an appropriate employee of the Department facility shall coordinate care with the non-Department provider.

(6) - Clear guidance regarding when and how a police officer of the Department shall document the notification of a local law enforcement agency of an acute sexual assault of a covered veteran. Such guidance shall balance the confidentiality of a covered veteran with Federal, State, and local reporting requirements.

(b) Training -

(1) For employees of the VHA - Not less than once each year after the Secretary updates directives under subsection (a), the Secretary shall provide, to appropriate employees of the Veterans Health Administration, training regarding the directives and policies updated in accordance with paragraphs (1) through (5) of subsection (a).

(2) For police officers of the Department - Not less than once each year after the Secretary updates directives under subsection (a), the Secretary shall provide, to each police officer of the Department, a training regarding the guidance under paragraph (6) of subsection (a) and developed—

(A) - by the Director of the Office of Security and Law Enforcement of the Department; and

(B) - in accordance with trauma-informed sexual assault investigation curricula, such as ones provided by the International Association of Chiefs of Police; and

(3) Format - Training under this subsection—

(A) - may be provided in-person or electronically;

(B) - shall be provided in-person at least once every five years to an employee of the Department described in paragraph (1) or (2);

(C) - shall include guided instruction;

(D) - shall include information specific to the facility of the Department where the employee works, including on-site resources and State and local requirements; and

(E) - may not consist solely of printed materials.

(c) Oversight - The director of each Veteran Integrated Service Networks shall monitor compliance with the requirements of this Act and oversee cases with lack of compliance to determine reasons for lack of compliance and additional resources and support as determined necessary by the Secretary to ensure compliance.

(d) Definitions - In this section:

(1) - The term "acute sexual assault" means unwanted sexual contact with an alleged perpetrator.

(2) - The term "covered veteran" means a veteran who exhibits symptoms of acute sexual assault—

(A) - at a medical facility of the Department of Veterans Affairs; and

(B) - not later than 72 hours after such acute sexual assault.

(3) - The term "SAFE" means sexual assault forensic examination.

(4) - The term "SANE" means a sexual assault nurse examiner.