Military SAVE Act

Summary: 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.

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.''.