[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3313 Engrossed in Senate (ES)]

112th CONGRESS
  2d Session
                                S. 3313

_______________________________________________________________________

                                 AN ACT


 
  To amend title 38, United States Code, to improve the reproductive 
 assistance provided by the Department of Veterans Affairs to severely 
  wounded, ill, or injured veterans and their spouses, and for other 
                               purposes.

    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 ``Women Veterans and Other Health Care 
Improvements Act of 2012''.

SEC. 2. CLARIFICATION THAT FERTILITY COUNSELING AND TREATMENT ARE 
              MEDICAL SERVICES WHICH THE SECRETARY MAY FURNISH TO 
              VETERANS LIKE OTHER MEDICAL SERVICES.

    Section 1701(6) of title 38, United States Code, is amended by 
adding at the end the following new subparagraph:
                    ``(H) Fertility counseling and treatment, including 
                treatment using assisted reproductive technology.''.

SEC. 3. REPRODUCTIVE TREATMENT AND CARE FOR SPOUSES AND SURROGATES OF 
              VETERANS.

    (a) In General.--Subchapter VIII of chapter 17 of title 38, United 
States Code, is amended by adding at the end the following new section:
``Sec. 1788. Reproductive treatment and care for spouses and surrogates 
              of veterans
    ``(a) In General.--The Secretary shall furnish fertility counseling 
and treatment, including through the use of assisted reproductive 
technology, to a spouse or surrogate of a severely wounded, ill, or 
injured veteran who has an infertility condition incurred or aggravated 
in line of duty in the active military, naval, or air service and who 
is enrolled in the system of annual patient enrollment established 
under section 1705(a) of this title if the spouse or surrogate and the 
veteran apply jointly for such counseling and treatment through a 
process prescribed by the Secretary.
    ``(b) Coordination of Care for Other Spouses and Surrogates.--In 
the case of a spouse or surrogate of a veteran not described in 
subsection (a) who is seeking fertility counseling and treatment, the 
Secretary may coordinate fertility counseling and treatment for such 
spouse or surrogate.
    ``(c) Construction.--Nothing in this section shall be construed to 
require the Secretary to find or certify a surrogate for a veteran or 
to connect a surrogate with an injured veteran.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 17 of such title is amended by inserting after the item 
relating to section 1787 the following new item:

``1788. Reproductive treatment and care for spouses and surrogates of 
                            veterans.''.

SEC. 4. ADOPTION ASSISTANCE.

    (a) In General.--Subchapter VIII of chapter 17 of title 38, United 
States Code, as amended by section 3, is further amended by adding at 
the end the following new section:
``Sec. 1789. Adoption assistance
    ``(a) In General.--The Secretary may pay an amount, not to exceed 
the limitation amount, to assist a covered veteran in the adoption of 
one or more children.
    ``(b) Covered Veteran.--For purposes of this section, a covered 
veteran is any severely wounded, ill, or injured veteran who--
            ``(1) has an infertility condition incurred or aggravated 
        in line of duty in the active military, naval, or air service; 
        and
            ``(2) is enrolled in the system of annual patient 
        enrollment established under section 1705(a) of this title.
    ``(c) Limitation Amount.--For purposes of this section, the 
limitation amount is the amount equal to the lesser of--
            ``(1) the cost the Department would incur if the Secretary 
        were to provide a covered veteran with one cycle of in vitro 
        fertilization, as determined by the Secretary; and
            ``(2) the cost the Department would incur by paying the 
        expenses of three adoptions by covered veterans, as determined 
        by the Secretary.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 17 of such title, as amended by section 3, is further amended 
by inserting after the item relating to section 1788 the following new 
item:

``1789. Adoption assistance.''.

SEC. 5. REPORT ON PROVISION OF FERTILITY COUNSELING AND TREATMENT.

    (a) In General.--Each year, the Secretary of Veterans Affairs shall 
submit to the Committee on Veterans' Affairs of the Senate and the 
Committee on Veterans' Affairs of the House of Representatives a report 
on the fertility counseling and treatment furnished by the Department 
of Veterans Affairs during the year preceding the submittal of the 
report.
    (b) Elements.--Each report submitted under subsection (a) shall 
include, for the period covered by the report, the following:
            (1) The number of veterans who received fertility 
        counseling or treatment furnished by the Department of Veterans 
        Affairs, disaggregated by era of military service of such 
        veterans.
            (2) The number of spouses and surrogates of veterans who 
        received fertility counseling or treatment furnished by the 
        Department.
            (3) The cost to the Department of furnishing fertility 
        counseling and treatment, disaggregated by cost of services and 
        administration.
            (4) The average cost to the Department per recipient of 
        such counseling and treatment.
            (5) In cases in which the Department furnished fertility 
        treatment through the use of assisted reproductive technology, 
        the average number of cycles per person furnished.
            (6) A description of how fertility counseling and treatment 
        services of the Department are coordinated with similar 
        services of the Department of Defense.

SEC. 6. REGULATIONS ON FURNISHING OF FERTILITY COUNSELING AND TREATMENT 
              AND ADOPTION ASSISTANCE.

    (a) In General.--Not later than 540 days after the date of the 
enactment of this Act, the Secretary of Veterans Affairs shall 
prescribe regulations--
            (1) on the furnishing of fertility treatment to veterans 
        using assisted reproductive technology;
            (2) to carry out section 1788 of title 38, United States 
        Code, as added by section 3; and
            (3) to carry out section 1789 of such title, as added by 
        section 4.
    (b) Limitation.--Notwithstanding any other provision of law, during 
the period beginning on the date of the enactment of this Act and 
ending on the date on which the Secretary prescribes regulations under 
subsection (a), the Secretary may not furnish--
            (1) to any veteran, any fertility treatment using assisted 
        reproductive technology;
            (2) any fertility counseling or treatment under section 
        1788 of title 38, United States Code, as added by section 3; or
            (3) any assistance under section 1789 of such title, as 
        added by section 4.

SEC. 7. COORDINATION WITH DEPARTMENT OF DEFENSE ON FURNISHING OF 
              FERTILITY COUNSELING AND TREATMENT.

    The Secretary of Veterans Affairs shall coordinate the furnishing 
of fertility counseling and treatment by the Department of Veterans 
Affairs with the furnishing of fertility counseling and treatment by 
the Department of Defense.

SEC. 8. FUNDING.

    Amounts for a fiscal year to carry out this Act, section 7330B of 
title 38, United States Code, as added by section 2(a), section 1787 of 
such title, as added by section 4(a), and the amendments made by this 
Act shall be derived from amounts made available for an overseas 
contingency operation in that fiscal year, if amounts were made 
available for an overseas contingency operation in that fiscal year.

            Passed the Senate December 13, 2012.

            Attest:

                                                             Secretary.
112th CONGRESS

  2d Session

                                S. 3313

_______________________________________________________________________

                                 AN ACT

  To amend title 38, United States Code, to improve the reproductive 
 assistance provided by the Department of Veterans Affairs to severely 
  wounded, ill, or injured veterans and their spouses, and for other 
                               purposes.