I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Military Sexual Assault 

5 Victims Empowerment Act’’ or the ‘‘Military SAVE Act’’. 

6 SEC. 2. IMPROVEMENT OF TREATMENT FOR MILITARY SEX7 UAL ASSAULT. 

8 (a) VETERANS.— 


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1 (1) IN GENERAL.—Chapter 17 of title 38, 

2 United States Code, is amended by inserting after 

3 section 1720D the following new section: 

4 ‘‘§ 1720D–1. Counseling and treatment for sexual 

5 trauma at non-Department facilities 

6 ‘‘(a) ESTABLISHMENT.—Notwithstanding section 

7 1703 of this title, and in addition to the program under 

8 section 1720D, the Secretary shall operate a program 

9 under which the Secretary ensures that veterans who are 

10 victims of military sexual trauma may receive treatment 

11 for such trauma from private providers. 

12 ‘‘(b) ELECTION.—A veteran may elect to receive 

13 treatment under this section by notifying the Secretary of 

14 such election at a facility or regional office of the Depart15 ment. Such notification shall include a written affidavit 

16 by the veteran, made under penalty of perjury under sec17 tion 1746 of title 28, stating that the veteran is a victim 

18 of military sexual trauma. 

19 ‘‘(c) VOUCHER.—(1) Upon receiving a notification 

20 under subsection (b), the Secretary shall issue the veteran 

21 a voucher described in paragraph (3). 

22 ‘‘(2) A veteran to whom a voucher is issued under 

23 paragraph (1) may use the voucher to receive treatment 

24 by a private provider who agrees to accept such voucher 

25 as payment for such treatment. Any amount charged by 


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1 the private provider for such treatment that is in addition 

2 to the amount paid by the voucher shall be the sole respon3 sibility of the veteran. 

4 ‘‘(3) A voucher described in this paragraph is a 

5 voucher indicating that the Secretary will reimburse a pri6 vate provider for treatment provided by the provider to 

7 a veteran under this section. 

8 ‘‘(4) The amount for which the Secretary will reim9 burse a private provider pursuant to a voucher described 

10 in paragraph (3) is equal to the amount that the Secretary 

11 pays to a non-Department facility under section 1703 of 

12 this title for the same treatment for which the voucher 

13 is used. 

14 ‘‘(5) The Secretary shall require that a veteran make 

15 a reelection under subsection (b) during each 120-day pe16 riod in which the voucher is used following the initial 120- 

17 day period in which the voucher is valid. 

18 ‘‘(d) CONSULTATION.—The Secretary shall consult 

19 with the Secretary of Defense to ensure that this section 

20 is carried out in a manner that allows veterans to receive 

21 similar treatment as is provided to members of the Armed 

22 Forces under section 1074n of title 10. 

23 ‘‘(e) DEFINITIONS.—In this section: 

24 ‘‘(1) The term ‘military sexual trauma’ means 

25 an injury, illness, disability, or psychological trauma 


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1 that directly resulted from a physical assault of a 

2 sexual nature, battery of a sexual nature, or sexual 

3 harassment which occurred while the veteran was 

4 serving on active duty or active duty for training. 

5 ‘‘(2) The term ‘private provider’ means a non6 Department facility or licensed health care profes7 sional, regardless of whether the facility or profes8 sional is entered into a contract pursuant to section 

9 1703 of this title. 

10 ‘‘(3) The term ‘sexual harassment’ has the 

11 meaning given that term in section 1720D of this 

12 title. 

13 ‘‘(4) The term ‘treatment’ means treatment, 

14 counseling, and appropriate other care and services 

15 to overcome military sexual trauma.’’. 

16 (2) CONFORMING AMENDMENTS.—Section 

17 1720D(a) of such title is amended— 

18 (A) by striking ‘‘(1) The Secretary’’ and 

19 inserting ‘‘The Secretary’’; 

20 (B) by striking paragraph (2); and 

21 (C) in the section heading, by adding ‘‘at 

22 Department facilities’’ after ‘‘trauma’’. 

23 (3) CLERICAL AMENDMENTS.—The table of sec24 tions at the beginning of such chapter is amended 


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1 by striking the item relating to section 1720D and 

2 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.’’. 

3 (b) MEMBERS OF THE ARMED FORCES.— 

4 (1) IN GENERAL.—Chapter 55 of title 10, 

5 United States Code, is amended by inserting after 

6 section 1074m the following new section: 

7 ‘‘§ 1074n. Counseling and treatment for sexual trau8 ma at private facilities 

9 ‘‘(a) ESTABLISHMENT.—The Secretary shall operate 

10 a program under which the Secretary ensures that mem11 bers of the armed forces who are victims of military sexual 

12 trauma may receive treatment for such trauma by private 

13 providers. 

14 ‘‘(b) ELECTION.—A member may elect to receive 

15 treatment under this section by notifying the Secretary of 

16 such election. Such notification shall include a written affi17 davit by the member, made under penalty of perjury under 

18 section 1746 of title 28, stating that the member is a vic19 tim of military sexual trauma. 

20 ‘‘(c) VOUCHER.—(1) Upon receiving a notification 

21 under subsection (b), the Secretary shall issue the member 

22 a voucher described in paragraph (3). 

23 ‘‘(2) A member to whom a voucher is issued under 

24 paragraph (1) may use the voucher to receive treatment 


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1 by a private provider who agrees to accept such voucher 

2 as payment for such treatment. Any amount charged by 

3 the private provider for such treatment that is in addition 

4 to the amount paid by the voucher shall be the sole respon5 sibility of the member. 

6 ‘‘(3) A voucher described in this paragraph is a 

7 voucher indicating that the Secretary will reimburse a pri8 vate provider for treatment provided by the provider to 

9 a member under this section. 

10 ‘‘(4) The amount for which the Secretary will reim11 burse a private provider pursuant to a voucher described 

12 in paragraph (3) is equal to the amount that the Secretary 

13 pays to a private provider under the TRICARE program 

14 for the same treatment for which the voucher is used. 

15 ‘‘(5) The Secretary shall require that a veteran make 

16 a reelection under subsection (b) during each 120-day pe17 riod in which the voucher is used following the initial 120- 

18 day period in which the voucher is valid. 

19 ‘‘(d) CONSULTATION.—The Secretary shall consult 

20 with the Secretary of Veterans Affairs to ensure that this 

21 section is carried out in a manner that allows members 

22 to receive similar treatment as is provided to veterans 

23 under section 1720D–1 of title 38. 

24 ‘‘(e) DEFINITIONS.—In this section: 


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1 ‘‘(1) The term ‘military sexual trauma’ means 

2 an injury, illness, disability, or psychological trauma 

3 that directly resulted from a physical assault of a 

4 sexual nature, battery of a sexual nature, or sexual 

5 harassment which occurred while the member was 

6 serving on active duty or active duty for training. 

7 ‘‘(2) The term ‘private provider’ means a pri8 vate facility or licensed health care professional, re9 gardless of whether the facility or professional is en10 tered into a contract under this chapter to provide 

11 treatment under the TRICARE program. 

12 ‘‘(3) The term ‘sexual harassment’ has the 

13 meaning given that term in section 1720D of title 

14 38. 

15 ‘‘(4) The term ‘treatment’ means treatment, 

16 counseling, and appropriate other care and services 

17 to overcome military sexual trauma.’’. 

18 (2) CLERICAL AMENDMENT.—The table of sec19 tions at the beginning of such chapter is amended 

20 by inserting after the item relating to section 1074m 

21 the following new item: 

‘‘1074n. Counseling and treatment for sexual trauma at private facilities.’’. 

Æ 


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