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

                                                       Calendar No. 564
112th CONGRESS
  2d Session
                                S. 3313

   To amend title 38, United States Code, to improve the assistance 
 provided by the Department of Veterans Affairs to women veterans, to 
    improve health care furnished by the Department, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 19, 2012

Mrs. Murray (for herself, Mr. Tester, Mr. Begich, Mr. Sanders, and Ms. 
   Mikulski) introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

                           December 13, 2012

  Reported by Mrs. Murray, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
   To amend title 38, United States Code, to improve the assistance 
 provided by the Department of Veterans Affairs to women veterans, to 
    improve health care furnished by the Department, and for other 
                               purposes.

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

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Women 
Veterans and Other Health Care Improvements Act of 2012''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Facilitation of reproduction and infertility research.
<DELETED>Sec. 3. Clarification that fertility counseling and treatment 
                            are medical services which the Secretary 
                            may furnish to veterans like other medical 
                            services.
<DELETED>Sec. 4. Reproductive treatment and care delivery for spouses 
                            and surrogates of veterans.
<DELETED>Sec. 5. Requirement to improve Department of Veterans Affairs 
                            women veterans call center.
<DELETED>Sec. 6. Modification of pilot program on counseling in retreat 
                            settings for women veterans newly separated 
                            from service in the Armed Forces.
<DELETED>Sec. 7. Pilot programs on assistance for child care for 
                            certain veterans.

<DELETED>SEC. 2. FACILITATION OF REPRODUCTION AND INFERTILITY 
              RESEARCH.</DELETED>

<DELETED>    (a) In General.--Subchapter II of chapter 73 of title 38, 
United States Code, is amended by adding at the end the following new 
section:</DELETED>
<DELETED>``Sec. 7330B. Facilitation of reproduction and infertility 
              research</DELETED>
<DELETED>    ``(a) Facilitation of Research Required.--The Secretary 
shall facilitate research conducted collaboratively by the Secretary of 
Defense and the Director of the National Institutes of Health to 
improve the ability of the Department of Veterans Affairs to meet the 
long-term reproductive health care needs of veterans who have a 
service-connected genitourinary disability or a condition that was 
incurred or aggravated in line of duty in the active military, naval, 
or air service, such as spinal cord injury, that affects the veterans' 
ability to reproduce.</DELETED>
<DELETED>    ``(b) Dissemination of Information.--The Secretary shall 
ensure that information produced by the research facilitated under this 
section that may be useful for other activities of the Veterans Health 
Administration is disseminated throughout the Veterans Health 
Administration.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The table of sections at the 
beginning of chapter 73 is amended by inserting after the item relating 
to section 7330A the following new item:</DELETED>

<DELETED>``7330B. Facilitation of reproduction and infertility 
                            research.''.
<DELETED>    (c) Report.--Not later than three years after the date of 
the enactment of this Act, the Secretary of Veterans Affairs shall 
submit to Congress a report on the research activities conducted by the 
Secretary under section 7330B of title 38, United States Code, as added 
by subsection (a).</DELETED>

<DELETED>SEC. 3. CLARIFICATION THAT FERTILITY COUNSELING AND TREATMENT 
              ARE MEDICAL SERVICES WHICH THE SECRETARY MAY FURNISH TO 
              VETERANS LIKE OTHER MEDICAL SERVICES.</DELETED>

<DELETED>    Section 1701(6) of such title is amended by adding at the 
end the following new subparagraph:</DELETED>
                <DELETED>    ``(H) Fertility counseling and treatment, 
                including treatment using assisted reproductive 
                technology.''.</DELETED>

<DELETED>SEC. 4. REPRODUCTIVE TREATMENT AND CARE DELIVERY FOR SPOUSES 
              AND SURROGATES OF VETERANS.</DELETED>

<DELETED>    (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:</DELETED>
<DELETED>``Sec. 1787. Reproductive treatment and care for spouses and 
              surrogates of veterans</DELETED>
<DELETED>    ``(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 
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 health care system established under section 1705(a) of 
this title if the spouse and the veteran apply jointly for such 
counseling and treatment through a process prescribed by the 
Secretary.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (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 1786 the following new section:</DELETED>

<DELETED>``1787. Reproductive treatment and care for spouses and 
                            surrogates of veterans.''.
<DELETED>    (c) Regulations.--Not later than one year after the date 
of the enactment of this Act, the Secretary of Veterans Affairs shall 
prescribe regulations to carry out section 1787 of title 38, United 
States Code, as added by paragraph (1).</DELETED>

<DELETED>SEC. 5. REQUIREMENT TO IMPROVE DEPARTMENT OF VETERANS AFFAIRS 
              WOMEN VETERANS CALL CENTER.</DELETED>

<DELETED>    The Secretary of Veterans Affairs shall enhance the 
capabilities of the Department of Veterans Affairs women veterans call 
center--</DELETED>
        <DELETED>    (1) to respond to requests by women veterans for 
        assistance with accessing health care and benefits furnished 
        under laws administered by the Secretary; and</DELETED>
        <DELETED>    (2) for referral of such veterans to community 
        resources to obtain assistance with services not furnished by 
        the Department.</DELETED>

<DELETED>SEC. 6. MODIFICATION OF PILOT PROGRAM ON COUNSELING IN RETREAT 
              SETTINGS FOR WOMEN VETERANS NEWLY SEPARATED FROM SERVICE 
              IN THE ARMED FORCES.</DELETED>

<DELETED>    (a) Increase in Number of Locations.--Subsection (c) of 
section 203 of the Caregivers and Veterans Omnibus Health Services Act 
of 2010 (Public Law 111-163; 38 U.S.C. 1712A note) is amended by 
striking ``three locations'' and inserting ``14 locations''.</DELETED>
<DELETED>    (b) Extension of Duration.--Subsection (d) of such section 
is amended by striking ``2-year'' and inserting ``four-
year''.</DELETED>

<DELETED>SEC. 7. PILOT PROGRAMS ON ASSISTANCE FOR CHILD CARE FOR 
              CERTAIN VETERANS.</DELETED>

<DELETED>    (a) Modification of Duration of Pilot Program on 
Assistance for Child Care for Certain Veterans Receiving Health Care.--
Subsection (e) of section 205 of the Caregivers and Veterans Omnibus 
Health Services Act of 2010 (Public Law 111-163; 38 U.S.C. 1710 note) 
is amended to read as follows:</DELETED>
<DELETED>    ``(e) Duration.--A child care center that is established 
as part of the pilot program may operate until the date that is two 
years after the date on which the pilot program is established in the 
third Veterans Integrated Service Network required by subsection 
(d).''.</DELETED>
<DELETED>    (b) Requirement for Pilot Program on Assistance for Child 
Care for Certain Veterans Receiving Readjustment Counseling and Related 
Mental Health Services.--</DELETED>
        <DELETED>    (1) Pilot program required.--The Secretary of 
        Veterans Affairs shall carry out a pilot program to assess the 
        feasibility and advisability of providing, subject to paragraph 
        (2), assistance to qualified veterans described in paragraph 
        (3) to obtain child care so that such veterans can receive 
        readjustment counseling and related mental health 
        services.</DELETED>
        <DELETED>    (2) Limitation on period of payments.--Assistance 
        may only be provided to a qualified veteran under the pilot 
        program required by paragraph (1) for receipt of child care 
        during the period that the qualified veteran receives 
        readjustment counseling and related health care services at a 
        Vet Center.</DELETED>
        <DELETED>    (3) Qualified veterans.--For purposes of this 
        subsection, a qualified veteran is a veteran who is--</DELETED>
                <DELETED>    (A) the primary caretaker of a child or 
                children; and</DELETED>
                <DELETED>    (B)(i) receiving from the Department 
                regular readjustment counseling and related mental 
                health services; or</DELETED>
                <DELETED>    (ii) in need of readjustment counseling 
                and related mental health services from the Department, 
                and but for lack of child care services, would receive 
                such counseling and services from the 
                Department.</DELETED>
        <DELETED>    (4) Locations.--The Secretary shall carry out the 
        pilot program under this subsection in no fewer than three 
        Readjustment Counseling Service Regions selected by the 
        Secretary for purposes of the pilot program.</DELETED>
        <DELETED>    (5) Duration.--The pilot program under this 
        subsection shall be carried out until the end of the two-year 
        period beginning on the day on which the Secretary begins 
        carrying out the pilot program at the last Readjustment 
        Counseling Service Region selected under paragraph (4) at which 
        the Secretary begins carrying out the pilot program.</DELETED>
        <DELETED>    (6) Forms of child care assistance.--</DELETED>
                <DELETED>    (A) In general.--Child care assistance 
                under this subsection may include the 
                following:</DELETED>
                        <DELETED>    (i) Stipends for the payment of 
                        child care offered by licensed child care 
                        centers (either directly or through a voucher 
                        program) which shall be, to the extent 
                        practicable, modeled after the Department of 
                        Veterans Affairs Child Care Subsidy Program 
                        established pursuant to section 630 of the 
                        Treasury and General Government Appropriations 
                        Act, 2002 (Public Law 107-67; 115 Stat. 
                        552).</DELETED>
                        <DELETED>    (ii) Payments to private child 
                        care agencies.</DELETED>
                        <DELETED>    (iii) Collaboration with 
                        facilities or programs of other Federal 
                        departments or agencies.</DELETED>
                        <DELETED>    (iv) Such other forms of 
                        assistance as the Secretary considers 
                        appropriate.</DELETED>
                <DELETED>    (B) Amounts of stipends.--In the case that 
                child care assistance under this subsection is provided 
                as a stipend under subparagraph (A)(i), such stipend 
                shall cover the full cost of such child care.</DELETED>
        <DELETED>    (7) Report.--Not later than 180 days after the 
        completion of the pilot program required by paragraph (1), the 
        Secretary shall submit to Congress a report on the pilot 
        program. The report shall include the findings and conclusions 
        of the Secretary as a result of the pilot program, and shall 
        include such recommendations for the continuation or expansion 
        of the pilot program as the Secretary considers 
        appropriate.</DELETED>
        <DELETED>    (8) Authorization of appropriations.--There is 
        authorized to be appropriated to the Secretary of Veterans 
        Affairs to carry out the pilot program required by paragraph 
        (1) $1,000,000 for each of fiscal years 2014 and 
        2015.</DELETED>
        <DELETED>    (9) Vet center defined.--In this section, the term 
        ``Vet Center'' means a center for readjustment counseling and 
        related mental health services for veterans under section 1712A 
        of title 38, United States Code.</DELETED>

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.
            Amend the title so as to read: ``A bill 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.''.
                                                       Calendar No. 564

112th CONGRESS

  2d Session

                                S. 3313

_______________________________________________________________________

                                 A BILL

   To amend title 38, United States Code, to improve the assistance 
 provided by the Department of Veterans Affairs to women veterans, to 
    improve health care furnished by the Department, and for other 
                               purposes.

_______________________________________________________________________

                           December 13, 2012

        Reported with an amendment and an amendment to the title