[Pages H4248-H4250]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

MILITARY SEXUAL ASSAULT VICTIMS EMPOWERMENT ACT

Mr. DUNN. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 3642) 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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows

H.R. 3642

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. PILOT PROGRAM FOR PRIVATE HEALTH CARE FOR VETERANS
WHO ARE SURVIVORS OF MILITARY 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 illnesses 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 harassment which occurred while
the veteran was serving on active duty, active duty for
training, or inactive duty training.
(b) Duration.--The Secretary shall carry out the pilot
program under subsection (a) for a three-year period. If at
the completion of the pilot program an eligible veteran 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.
(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 appropriate care
and services under section 1720D of title 38, United States
Code; and
(2) resides in a site selected under subsection (d).

[[Page H4249]]

(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 between 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 National Violence
Against Women Prevention Research Center or the Centers for
Disease Control and Prevention, or both, has determined the
rate of sexual assault to be a substantial problem.
(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 Sexual Violence by any
Perpetrator'' (NISVS 2010).
(2) Rural site.--Not fewer than one site selected under
paragraph (1) shall be rural, as determined 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 participates in the pilot program under
subsection (a) may freely choose from which non-Department
health 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
psychotherapy
(4) Provision of information.--The Secretary 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).
(f) Authorization and Monitoring of Care.--In accordance
with subsection (e), the Secretary shall ensure that the
Department of Veterans Affairs authorizes and monitors the
hospital care and medical services furnished under the pilot
program for appropriateness and necessity. In authorizing and
monitoring such care, the Secretary shall--
(1) treat a non-Department health care provider 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-Department health care
provider 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, the Secretary shall pay the health care provider
for hospital care or medical services furnished under this
section using the same rates and payment schedules as
provided for in such contract, agreement, 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 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 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
services authorized by the Secretary and furnished by the
provider are subject to such a contract, agreement, 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 pursuant
to this section or section 1720D of title 38, United States
Code, as the case may be.
(i) Report.--Not later than 60 days before the completion
of the pilot program under subsection (a), the Secretary
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 following:
(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 provider'' 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.
(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 appropriated to
carry out the requirements of this Act. Such requirements
shall be carried out using amounts otherwise authorized to be
appropriated.

The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Florida (Mr. Dunn) and the gentleman from Minnesota (Mr. Walz) each
will control 20 minutes.
The Chair recognizes the gentleman from Florida.

General Leave

Mr. DUNN. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
insert extraneous material into the Record on H.R. 3642, as amended.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Florida?
There was no objection.
Mr. DUNN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in support of H.R. 3642, as amended, the
Military Sexual Assault Victims Empowerment Act.
It is a tragic fact that there are an increasing number of veterans
who report experiencing sexual harassment or assault while serving on
Active Duty in our Armed Forces. These veterans deserve the very best
care and treatment that we can offer them for the psychological trauma
that they may be feeling as a result of that experience.
This bill would require the Department of Veterans Affairs to carry
out a pilot program to furnish care in the community to veterans who
have experienced military sexual trauma. This would ensure the veterans
in pilot locations are able to choose a provider that best meets their
specific needs and that they are most comfortable with.
This bill is sponsored by Representative Andy Barr from Kentucky,
and I thank him for his tireless advocacy to ensure access to care for
veterans who have experienced this trauma.
Mr. Speaker, I urge my colleagues to support this bill, and I reserve
the balance of my time.
Mr. WALZ. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of high-quality, accessible treatment
options for survivors of military sexual trauma. I want to thank the
gentleman. His concern is exactly in the right place. It is focusing
our attention on this issue.
There are some things in the bill, though, that I would like to point
out, and these concerns have been shared by some of the veterans
service organizations. I do this in the spirit of the gentleman is
exactly right on what needs to be done.
This is about a process of trying to improve upon a piece of
language. The VA was unable to submit views on this bill because of
timing on how it was brought up. For this reason, I would like to read
just a few quotes from a statement the VA submitted on this bill to
reflect the concerns shared by our staff and the VSO community.
These are VA quotes:
``Aspects of the bill could jeopardize patient safety and well-being
and create the ethically problematic situation of VA condoning and
supporting a substandard level of care for program participants.''
``It is possible some veterans would even choose to leave VA care
entirely to avoid the study.''

[[Page H4250]]

While I certainly appreciate the effort, I am of the belief that this
study could misallocate VA's limited resources to define a problem to
which the RAND Corporation and the National Academy of Sciences have
already offered potential solutions.

{time} 1515

I am supporting today's amendment in the nature of a substitute but
warning against future efforts to erode the high quality of care that
VA is providing.
In order to better reflect VA's position on improving access to
military sexual trauma, I am excited to work with our VSO partners on
legislation that would implement some of the recommendations made in
previous assessments and increase access to high-quality care.
Mr. Speaker, I urge my colleagues across the aisle to join us in
drafting legislation that continues to heal military sexual trauma
victims.
Mr. Speaker, I reserve the balance of my time.
Mr. DUNN. Mr. Speaker, I yield 3 minutes to the gentleman from
Kentucky (Mr. Barr), who is the sponsor of this bill.
Mr. BARR. Mr. Speaker, I rise today to urge my colleagues to support
this legislation, H.R. 3642, the Military Sexual Assault Victims
Empowerment Act, also known as the Military SAVE Act, which would help
the Department of Veterans Affairs identify deficiencies and
vulnerabilities in their care for survivors of military sexual trauma
and take corrective actions to improve those services.
According to the findings of the Department of Veterans Affairs'
National Screening Program, 1 in 4 women and 1 in 100 men reported that
they have been victims of military sexual assault during their time
serving in the military. This problem was made personal to me by a
group of women in the Sixth Congressional District of Kentucky, led by
MST survivor Karen Tufts. Sadly, due in part to this emotional stress,
two of these women have since committed suicide.
To the ranking member's concern about quality of care, the problem
with some of these women was that they were revictimized at the VA. In
fact, according to an independent nationwide study, research has found
that female victims of MST are 14 times more likely to commit suicide
than women who have never been assaulted, so we are all about improving
the care of these women.
And while Congress has recently taken several actions to better
protect survivors of MST within the military justice system, many
survivors have expressed concern that services available within the VA
healthcare system are insufficient to address their specific post-MST
needs. That is exactly why we have been working closely with the House
Committee on Veterans' Affairs, veteran service organizations, as well,
and my VA Pilot Program Development Task Force to improve medical care
for survivors of MST in order to help those survivors get the care that
best fits their unique physical and psychological needs.
Specifically, this legislation would allow survivors the ability to
seek treatment, specifically tailored to their MST injuries, by a
community care provider of their choice during a 3-year pilot program.
This pilot program would study the results that direct access care
provides that the VA does not and would help the VA take the necessary
corrective actions to improve its care for survivors of MST.
In fact, our experience is that just the introduction of this
legislation has focused the mind at the VA to improve the care that the
VA provides. As I mentioned before, I did not create this legislation
alone. It has been through the dedicated support and trusted advice of
MST survivors who are members of our Pilot Program Development Task
Force, and I thank them for their contributions, including former
commissioner of the Kentucky Department of Veterans Affairs, Heather
French Henry.
In conclusion, I would like to especially thank Chairman Roe and his
staff for their hard work in support of this legislation and for his
longstanding leadership on veterans issue. Chairman Roe truly cares
about improving the lives of veterans, and this legislation is a
testament to that devotion.
Mr. WALZ. Mr. Speaker, I thank the gentleman's commitment to this
issue. I appreciate the work that has been spent to continue to evolve
to get this right, because I do think there is, obviously, no
disagreement in the scourge and the horrific crimes committed against
servicemembers that we must deal with and the treatment of those
victims afterwards. With that, I encourage my colleagues to support
this piece of legislation.
Mr. Speaker, I yield back the balance of my time.
Mr. DUNN. Mr. Speaker, I thank the ranking member, Mr. Walz. Once
again, I encourage all Members to support H.R. 3642, as amended, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Florida (Mr. Dunn) that the House suspend the rules and
pass the bill, H.R. 3642, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.

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