---
kind: "section"
citation: "38 U.S.C. § 1709"
title: "38"
title_heading: "Veterans’ Benefits"
number: "1709"
heading: "Comprehensive policy on reporting and tracking sexual assault incidents and other safety incidents"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/38/1709"
units:
  - "Part II — General Benefits"
  - "Chapter 17 — Hospital, Nursing Home, Domiciliary, and Medical Care"
  - "Subchapter I — General"
---

# §1709. Comprehensive policy on reporting and tracking sexual assault incidents and other safety incidents

- (a) **Policy Required.—**
  - (1) Not later than September 30, 2012, the [Secretary](/usc/38/101.md?p=1) 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](/usc/38/101.md?p=1), including—
    - (A) suspected, alleged, attempted, or confirmed cases of sexual assault, regardless of whether such assaults lead to prosecution or conviction;
    - (B) criminal and purposefully unsafe acts;
    - (C) alcohol or substance abuse related acts (including by employees of the [Department](/usc/38/101.md?p=1)); and
    - (D) any kind of event involving alleged or suspected abuse of a patient.
  - (2) In developing and implementing a policy under [paragraph (1)](#a-1), the [Secretary](/usc/38/101.md?p=1) shall consider the effects of such policy on—
    - (A) the use by [veterans](/usc/38/1101.md?p=1) of mental health care and substance abuse treatments; and
    - (B) the ability of the [Department](/usc/38/101.md?p=1) to refer [veterans](/usc/38/1101.md?p=1) to such care or treatment.
- (b) **Scope.—** The policy required by [subsection (a)](#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)
    - (A) The development and use of specific risk-assessment tools to examine any risks related to sexual assault that a [veteran](/usc/38/1101.md?p=1) may pose while being treated at a medical facility of the [Department](/usc/38/101.md?p=1), including clear and consistent guidance on the collection of information related to—
      - (i) the legal history of the [veteran](/usc/38/1101.md?p=1); and
      - (ii) the medical record of the [veteran](/usc/38/1101.md?p=1).
    - (B) In developing and using tools under [subparagraph (A)](#b-2-A), the [Secretary](/usc/38/101.md?p=1) shall consider the effects of using such tools on the use by [veterans](/usc/38/1101.md?p=1) of health care furnished by the [Department](/usc/38/101.md?p=1).
  - (3) The mandatory training of employees of the [Department](/usc/38/101.md?p=1) 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](/usc/38/101.md?p=1) 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](/usc/38/101.md?p=1);
      - (ii) an office of a [Veterans](/usc/38/1101.md?p=1) Integrated Service Network; and
      - (iii) the central office of the [Veterans](/usc/38/1101.md?p=1) Health Administration; and
    - (B) a law enforcement official of the [Department](/usc/38/101.md?p=1).
  - (6) Clear and consistent criteria and guidelines with respect to an employee of the [Department](/usc/38/101.md?p=1) referring and reporting to the Office of Inspector General of the [Department](/usc/38/101.md?p=1) sexual assault incidents and other safety incidents that meet the regulatory criminal threshold prescribed under sections [901](/usc/38/901.md) and [902](/usc/38/902.md) of this title.
  - (7) An accountable oversight system within the [Veterans](/usc/38/1101.md?p=1) 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](/usc/38/101.md?p=1) 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](/usc/38/101.md?p=1) shall review and revise the policy required by [subsection (a)](#a) on a periodic basis as the [Secretary](/usc/38/101.md?p=1) considers appropriate and in accordance with best practices.
- (d) **Annual Report.—**
  - (1) Not later than 60 days after the date on which the [Secretary](/usc/38/101.md?p=1) develops the policy required by [subsection (a)](#a) and not later than October 1 of each year thereafter, the [Secretary](/usc/38/101.md?p=1) shall submit to the Committee on [Veterans](/usc/38/1101.md?p=1)’ Affairs of the Senate and the Committee on [Veterans](/usc/38/1101.md?p=1)’ Affairs of the House of Representatives a report on the implementation of the policy.
  - (2) The report required by [paragraph (1)](#d-1) shall include—
    - (A) the number and type of sexual assault incidents and other safety incidents reported by each medical facility of the [Department](/usc/38/101.md?p=1);
    - (B) a detailed description of the implementation of the policy required by [subsection (a)](#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](/usc/38/1701.md?p=3), including the performance measures used to evaluate such effectiveness.

## Source credit

(Added Pub. L. 112–154, title I, § 106(a), Aug. 6, 2012, 126 Stat. 1171.)