IIB 
115TH CONGRESS 
2D SESSION 
H. R. 3642 
IN THE SENATE OF THE UNITED STATES 
MAY 22, 2018 
Received; read twice and referred to the Committee on Veterans’ Affairs 
AN ACT 
To direct the Secretary of Veterans Affairs to carry out 
a pilot program to improve the access to private health 
care for veterans who are survivors of military sexual 
trauma. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Military Sexual Assault 
Victims Empowerment Act’’ or the ‘‘Military SAVE Act’’. 
SEC. 2. PILOT PROGRAM FOR PRIVATE HEALTH CARE FOR 
VETERANS WHO ARE SURVIVORS OF MILI-
TARY SEXUAL TRAUMA. 
(a) ESTABLISHMENT.—The Secretary of Veterans 
Affairs shall carry out a pilot program to furnish hospital 
care and medical services to eligible veterans through non- 
Department health care providers to treat injuries or ill-
nesses which, in the judgment of a professional employed 
by the Department, resulted from a physical assault of 
a sexual nature, battery of a sexual nature, or sexual har-
assment which occurred while the veteran was serving on 
active duty, active duty for training, or inactive duty train-
ing. 
(b) DURATION.—The Secretary shall carry out the 
pilot program under subsection (a) for a 3-year period. 
If at the completion of the pilot program an eligible vet-
eran is receiving hospital care and medical services from 
a non-Department health care provider under the pilot 
program, the Secretary may approve, on a case-by-case 
basis, the continuation of such hospital care and medical 
services from that non-Department health care provider 
until the completion of the episode of care. 
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(c) ELIGIBLE VETERANS.—A veteran is eligible to 
participate in the pilot program under subsection (a) if 
the veteran— 
(1) is eligible to receive counseling and appro-
priate care and services under section 1720D of title 
38, United States Code; and 
(2) resides in a site selected under subsection 
(d). 
(d) SITES.— 
(1) SELECTION.—The Secretary shall select not 
more than five sites in which to carry out the pilot 
program under subsection (a). Each site shall meet 
each of the following criteria: 
(A) Except as provided by paragraph (2), 
the site consists of a city with a population be-
tween 200,000 and 500,000, as determined by 
the Bureau of the Census as of the first day of 
the pilot program. 
(B) The site is in a State in which the Na-
tional Violence Against Women Prevention Re-
search Center or the Centers for Disease Con-
trol and Prevention, or both, has determined 
the rate of sexual assault to be a substantial 
problem. 
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(C) The site is in a State that, as of the 
first day of the pilot program, has a weighted 
percentage of reported rape of not less than 20 
percent but not more than 30 percent of sexual 
assault cases, in accordance with the finding of 
the Centers for Disease Control and Prevention 
contained in the ‘‘ ‘Lifetime Prevalence of Sex-
ual Violence by any Perpetrator’’ (NISVS 
2010). 
(2) RURAL SITE.—Not fewer than one site se-
lected under paragraph (1) shall be rural, as deter-
mined by the Secretary. 
(e) PARTICIPATION.— 
(1) ELECTION.—Subject to paragraph (2), an 
eligible veteran may elect to participate in the pilot 
program under subsection (a). Such election shall 
not affect the ability of the veteran to receive health 
care furnished by Department providers. 
(2) NUMBER.—Not more than 75 veterans may 
participate in the pilot program under subsection (a) 
at each site selected under subsection (d). 
(3) CHOICE
OF
NON-DEPARTMENT
HEALTH 
CARE PROVIDERS.—An eligible veteran who partici-
pates in the pilot program under subsection (a) may 
freely choose from which non-Department health 
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care provider the veteran receives hospital care or 
medical services under the pilot program, except that 
the Secretary shall— 
(A) ensure that each such non-Department 
health care provider maintains at least the 
same or similar credentials and licenses as 
those credentials and licenses that are required 
of health care providers of the Department, as 
determined by the Secretary for the purposes of 
this section; and 
(B) make a reasonable effort to ensure 
that such non-Department health care provider 
is familiar with the conditions and concerns 
that affect members of the Armed Forces and 
veterans and is trained in evidence-based psy-
chotherapy. 
(4) PROVISION
OF
INFORMATION.—The Sec-
retary shall— 
(A) notify eligible veterans of the ability to 
make an election under paragraph (1); and 
(B) provide to such veterans educational 
referral materials, including through pamphlets 
and internet websites, on the non-Department 
providers in the sites selected under subsection 
(d). 
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(f) AUTHORIZATION AND MONITORING OF CARE.— 
In accordance with subsection (e), the Secretary shall en-
sure that the Department of Veterans Affairs authorizes 
and monitors the hospital care and medical services fur-
nished under the pilot program for appropriateness and 
necessity. In authorizing and monitoring such care, the 
Secretary shall— 
(1) treat a non-Department health care pro-
vider that furnishes to such a veteran hospital care 
or medical services under the pilot program as an 
authorized recipient of records of such veteran for 
purposes of section 7332(b) of title 38, United 
States Code; and 
(2) ensure that such non-Department health 
care provider transmits to the Department such 
records as the Secretary determines appropriate. 
(g) PAYMENTS.— 
(1) CURRENT
PROVIDERS.—If a non-Depart-
ment health care provider has entered into a con-
tract, agreement, or other arrangement with the 
Secretary pursuant to another provision of law to 
furnish hospital care or medical services to veterans, 
the Secretary shall pay the health care provider for 
hospital care or medical services furnished under 
this section using the same rates and payment 
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schedules as provided for in such contract, agree-
ment, or other arrangement. 
(2) NEW
PROVIDERS.—If a non-Department 
health care provider has not entered into a contract, 
agreement, or other arrangement with the Secretary 
pursuant to another provision of law to furnish hos-
pital care or medical services to veterans, the Sec-
retary shall pay the health care provider for hospital 
care or medical services furnished under this section 
using the same rates and payment schedule as if 
such care and services was furnished pursuant to 
section 1703 of title 38, United States Code. 
(3) NEW CONTRACTS AND AGREEMENTS.—The 
Secretary shall take reasonable efforts to enter into 
a contract, agreement, or other arrangement with a 
non-Department health care provider described in 
subsection (a) to ensure that future care and serv-
ices authorized by the Secretary and furnished by 
the provider are subject to such a contract, agree-
ment, or other arrangement. 
(h) SURVEYS.—The Secretary shall conduct a survey 
of a sample of eligible veterans to assess the hospital care 
and medical services furnished to such veterans either pur-
suant to this section or section 1720D of title 38, United 
States Code, as the case may be. 
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(i) REPORT.—Not later than 60 days before the com-
pletion of the pilot program under subsection (a), the Sec-
retary shall submit to the Committees on Veterans’ Affairs 
of the House of Representatives and the Senate a report 
on the pilot program. The report shall include the fol-
lowing: 
(1) The results of the pilot program, including, 
to the extent possible, an assessment of the health 
outcomes of veterans who participated in the pilot 
program. 
(2) The recommendation of the Secretary with 
respect to extending or making permanent the pilot 
program. 
(j) DEFINITIONS.—In this section: 
(1) The term ‘‘non-Department health care pro-
vider’’ 
means 
an 
entity 
specified 
in 
section 
101(a)(1)(B) of section 101 of the Veterans Access, 
Choice, and Accountability Act of 2015 (Public Law 
113–146; 38 U.S.C. 1701) or any other health care 
provider that has entered into a contract, agreement, 
or other arrangement with the Secretary pursuant to 
another provision of law to furnish hospital care or 
medical services to veterans. 
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(2) The term ‘‘sexual harassment’’ has the 
meaning given that term in section 1720D of title 
38, United States Code. 
(3) The term ‘‘State’’ has the meaning given 
that term in section 101(20) of title 38, United 
States Code. 
SEC. 3. NO ADDITIONAL FUNDS AUTHORIZED. 
No additional funds are authorized to be appro-
priated to carry out the requirements of this Act. Such 
requirements shall be carried out using amounts otherwise 
authorized to be appropriated. 
Passed the House of Representatives May 21, 2018. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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