Title 38 › Part PART II— - GENERAL BENEFITS › Chapter CHAPTER 17— - HOSPITAL, NURSING HOME, DOMICILIARY, AND MEDICAL CARE › Subchapter SUBCHAPTER I— - GENERAL › § 1709
By September 30, 2012, the Secretary of Veterans Affairs must create and run one central policy that makes every VA medical facility report and track sexual assaults and other safety incidents. The policy must cover suspected, alleged, attempted, or confirmed sexual assaults whether or not charges are filed; criminal or deliberately unsafe acts; alcohol or drug-related acts (including by staff); and any suspected patient abuse. The policy must also consider how it affects veterans using mental health or substance abuse care and the VA’s ability to refer veterans to those services. The policy must define the key terms and require risk-assessment tools that include collecting legal and medical history when needed. It must require staff security training, use and regular testing of physical security and alarm systems (for example, cameras and panic alarms), clear rules for reporting to supervisors and VA law enforcement, and rules for referring cases to the Office of Inspector General when they meet the criminal threshold under sections 901 and 902. The VA must set up oversight, a centralized tracking system, consistent investigation procedures, and guidance for treating assaults reported after 72 hours. The Secretary must review and update the policy as needed and, within 60 days after making it and by October 1 each year, send a report to the House and Senate Veterans’ Affairs Committees showing each facility’s incident numbers, how the policy was put into place and changed, and measures of how well it is working.
Full Legal Text
Veterans' Benefits — Source: USLM XML via OLRC
Reference
Citation
38 U.S.C. § 1709
Title 38 — Veterans' Benefits
Last Updated
Apr 6, 2026
Release point: 119-73