Military Sexual Assault Victims Empowerment Act or the Military SAVE Act - Requires the Secretary of Veterans Affairs (VA) and the Secretary of Defense (DOD) to each operate a program that ensures that veterans and members of the armed forces may receive treatment from private providers for military sexual trauma.
Requires the Secretaries: (1) after receiving from a veteran or member electing such treatment a notification that includes a written affidavit stating that the individual is a victim of military sexual trauma, to assign a voucher that such individual may use to receive such treatment; and (2) to require such individual to make a reelection during each 120-day period in which such a voucher is used following the initial 120-day period the voucher is valid.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3775 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 3775
To amend titles 10 and 38, United States Code, to improve the treatment
of members of the Armed Forces and veterans who are victims of military
sexual assault.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 16, 2013
Mr. Barr introduced the following bill; which was referred to the
Committee on Armed Services, and in addition to the Committee on
Veterans' Affairs, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend titles 10 and 38, United States Code, to improve the treatment
of members of the Armed Forces and veterans who are victims of military
sexual assault.
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 ``Military Sexual Assault Victims
Empowerment Act'' or the ``Military SAVE Act''.
SEC. 2. IMPROVEMENT OF TREATMENT FOR MILITARY SEXUAL ASSAULT.
(a) Veterans.--
(1) In general.--Chapter 17 of title 38, United States
Code, is amended by inserting after section 1720D the following
new section:
``Sec. 1720D-1. Counseling and treatment for sexual trauma at non-
Department facilities
``(a) Establishment.--Notwithstanding section 1703 of this title,
and in addition to the program under section 1720D, the Secretary shall
operate a program under which the Secretary ensures that veterans who
are victims of military sexual trauma may receive treatment for such
trauma from private providers.
``(b) Election.--A veteran may elect to receive treatment under
this section by notifying the Secretary of such election at a facility
or regional office of the Department. Such notification shall include a
written affidavit by the veteran, made under penalty of perjury under
section 1746 of title 28, stating that the veteran is a victim of
military sexual trauma.
``(c) Voucher.--(1) Upon receiving a notification under subsection
(b), the Secretary shall issue the veteran a voucher described in
paragraph (3).
``(2) A veteran to whom a voucher is issued under paragraph (1) may
use the voucher to receive treatment by a private provider who agrees
to accept such voucher as payment for such treatment. Any amount
charged by the private provider for such treatment that is in addition
to the amount paid by the voucher shall be the sole responsibility of
the veteran.
``(3) A voucher described in this paragraph is a voucher indicating
that the Secretary will reimburse a private provider for treatment
provided by the provider to a veteran under this section.
``(4) The amount for which the Secretary will reimburse a private
provider pursuant to a voucher described in paragraph (3) is equal to
the amount that the Secretary pays to a non-Department facility under
section 1703 of this title for the same treatment for which the voucher
is used.
``(5) The Secretary shall require that a veteran make a reelection
under subsection (b) during each 120-day period in which the voucher is
used following the initial 120-day period in which the voucher is
valid.
``(d) Consultation.--The Secretary shall consult with the Secretary
of Defense to ensure that this section is carried out in a manner that
allows veterans to receive similar treatment as is provided to members
of the Armed Forces under section 1074n of title 10.
``(e) Definitions.--In this section:
``(1) The term `military sexual trauma' means an injury,
illness, disability, or psychological trauma that directly
resulted from a physical assault of a sexual nature, battery of
a sexual nature, or sexual harassment which occurred while the
veteran was serving on active duty or active duty for training.
``(2) The term `private provider' means a non-Department
facility or licensed health care professional, regardless of
whether the facility or professional is entered into a contract
pursuant to section 1703 of this title.
``(3) The term `sexual harassment' has the meaning given
that term in section 1720D of this title.
``(4) The term `treatment' means treatment, counseling, and
appropriate other care and services to overcome military sexual
trauma.''.
(2) Conforming amendments.--Section 1720D(a) of such title
is amended--
(A) by striking ``(1) The Secretary'' and inserting
``The Secretary'';
(B) by striking paragraph (2); and
(C) in the section heading, by adding ``at
Department facilities'' after ``trauma''.
(3) Clerical amendments.--The table of sections at the
beginning of such chapter is amended by striking the item
relating to section 1720D and inserting the following new
items:
``1720D. Counseling and treatment for sexual trauma at Department
facilities.
``1720D-1. Counseling and treatment for sexual trauma at non-Department
facilities.''.
(b) Members of the Armed Forces.--
(1) In general.--Chapter 55 of title 10, United States
Code, is amended by inserting after section 1074m the following
new section:
``Sec. 1074n. Counseling and treatment for sexual trauma at private
facilities
``(a) Establishment.--The Secretary shall operate a program under
which the Secretary ensures that members of the armed forces who are
victims of military sexual trauma may receive treatment for such trauma
by private providers.
``(b) Election.--A member may elect to receive treatment under this
section by notifying the Secretary of such election. Such notification
shall include a written affidavit by the member, made under penalty of
perjury under section 1746 of title 28, stating that the member is a
victim of military sexual trauma.
``(c) Voucher.--(1) Upon receiving a notification under subsection
(b), the Secretary shall issue the member a voucher described in
paragraph (3).
``(2) A member to whom a voucher is issued under paragraph (1) may
use the voucher to receive treatment by a private provider who agrees
to accept such voucher as payment for such treatment. Any amount
charged by the private provider for such treatment that is in addition
to the amount paid by the voucher shall be the sole responsibility of
the member.
``(3) A voucher described in this paragraph is a voucher indicating
that the Secretary will reimburse a private provider for treatment
provided by the provider to a member under this section.
``(4) The amount for which the Secretary will reimburse a private
provider pursuant to a voucher described in paragraph (3) is equal to
the amount that the Secretary pays to a private provider under the
TRICARE program for the same treatment for which the voucher is used.
``(5) The Secretary shall require that a veteran make a reelection
under subsection (b) during each 120-day period in which the voucher is
used following the initial 120-day period in which the voucher is
valid.
``(d) Consultation.--The Secretary shall consult with the Secretary
of Veterans Affairs to ensure that this section is carried out in a
manner that allows members to receive similar treatment as is provided
to veterans under section 1720D-1 of title 38.
``(e) Definitions.--In this section:
``(1) The term `military sexual trauma' means an injury,
illness, disability, or psychological trauma that directly
resulted from a physical assault of a sexual nature, battery of
a sexual nature, or sexual harassment which occurred while the
member was serving on active duty or active duty for training.
``(2) The term `private provider' means a private facility
or licensed health care professional, regardless of whether the
facility or professional is entered into a contract under this
chapter to provide treatment under the TRICARE program.
``(3) The term `sexual harassment' has the meaning given
that term in section 1720D of title 38.
``(4) The term `treatment' means treatment, counseling, and
appropriate other care and services to overcome military sexual
trauma.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1074m the following new item:
``1074n. Counseling and treatment for sexual trauma at private
facilities.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Armed Services, and in addition to the Committee on Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Armed Services, and in addition to the Committee on Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Military Personnel.
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