Congressional Record, Volume 158 Issue 161 (Thursday, December 13, 2012)

[Congressional Record Volume 158, Number 161 (Thursday, December 13, 2012)]
[Senate]
[Pages S8016-S8018]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

WOMEN VETERANS AND OTHER HEALTH CARE IMPROVEMENTS ACT OF 2012

Mrs. MURRAY. Mr. President, I ask unanimous consent that the Senate
proceed to the consideration of Calendar No. 564, S. 3313.
The PRESIDING OFFICER. The clerk will report the bill by title.
The bill clerk read as follows:

A bill (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, which had been
reported from the Committee on Veterans' Affairs, with an
amendment to strike all after the enacting clause and insert
in lieu thereof the following:

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.

Mr. COCHRAN. Mr. President, I will not object to the request made by
the Senior Senator from Washington, and I do not object to the policy
provisions in this bill. However, I must point out that this bill
indiscriminately diverts Overseas Contingency Operations funds, which
are necessary to ensure resources, equipment, and supplies are
available to our servicemembers deployed across the globe. This is not
how the provisions of this bill should be paid for. Taking away funds
intended for our men and women who are currently serving could, in
time, place some of the veterans that this bill intends to help at
greater risk. This legislation could also divert funding intended for
the security of our Ambassadors, Foreign Service Officers, and other
State Department officials, placing them at additional risk.
Quality healthcare for those who have honorably served our country is
something that I think all Senators, including me, support. If the
provisions of this legislation are a priority for this body, we should
be deliberate in determining how we should pay for them. The Senior
Senator from Washington has put forward a thoughtful bill that merits
consideration, but I think this body would prefer to consider other
means to pay for new programs that do not divert funds intended to keep
our troops well-equipped and safe.

[[Page S8017]]

Mr. McCAIN. Mr. President, I do not intend to object to the request
of the Senator from Washington, and I do not object to the policy
provision of this bill at this time. But I strongly object to the
Senator seeking to fund these new veterans benefits out of the
Department of Defense budget that funds the needs of our military men
and women serving in combat overseas.
The cost of Senator Murray's bill, provided by the Congressional
Budget Office, is $568 million over 5 years. To cover that cost,
Senator Murray proposes to strip $568 million from wartime funding for
troops in Afghanistan over the next 5 years without even considering
the impact of that cut on their safety and security. This is
preposterous. This bill assumes that Congress will still be passing
emergency spending bills for Afghanistan 5 years from now, and somehow
our troops will be able to bear the risk of having hundreds of millions
siphoned from their critical needs for a program that has nothing to do
with the war they are currently engaged in. Every dollar requested in
the defense budget for our combat forces will be needed to keep them
adequately equipped, armed, and engaged in defeating the enemy and
coming home with honor.
The proposed offset for this new program is an irresponsible budget
gimmick designed to shift the funding burden for these new benefits
from VA to DOD. Funding for the DOD Overseas Contingency Operations
fund is within the jurisdiction of the Armed Services Committee, and
should be considered by the full Senate, rather than slipped into a
reported bill at the last minute without debate or discussion.
I also am surprised that Senator Murray, a vocal supporter of
improving the welfare of our troops, would actually propose cuts to
funding for our combat troops without even assessing the impact of
those cuts. The job of making that assessment lies within the Armed
Services Committee's jurisdiction, and I will seek to ensure that the
Senate has an opportunity to make that assessment before passing any
legislation that attempts to shift defense dollars from the direct
combat needs of our Armed Forces to any new benefits or policies.
Mrs. MURRAY. Mr. President, I ask unanimous consent that the
committee-reported amendment be considered; the Murray amendment, which
is at the desk, be agreed to; the committee-reported amendment, as
amended, be agreed to; and that the bill, as amended, be read a third
time.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment (No. 3336) was agreed to, as follows:

Purpose: To provide an offset.

At the end, add the following:

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.

The committee-reported amendment in the nature of a substitute, as
amended, was agreed to.
The bill (S. 3313), as amended, was ordered to be engrossed for a
third reading and was read the third time.
The PRESIDING OFFICER. The bill having been read the third time, the
question is, Shall the bill pass?
The bill (S. 3313), as amended, was passed, as follows:

S. 3313

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.

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

``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

``1789. Adoption assistance.''.

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

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

[[Page S8018]]

(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.

SEC. 8. FUNDING.

The PRESIDING OFFICER. The Senator from Washington.
Mrs. MURRAY. Mr. President, I ask unanimous consent that the
committee-reported title amendment be agreed to, the motions to
reconsider be laid upon the table with no intervening action or debate,
and that any related statements be printed in the Record.
The PRESIDING OFFICER. Without objection, it is so ordered.
The title amendment was agreed to, as follows:

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.''.

The PRESIDING OFFICER. The Senator from Washington.
Mrs. MURRAY. Mr. President, the Senate has just passed legislation
that will bring into focus a real need for the VA to help women
veterans and the spouses of male veterans access assistance for one of
the most impactful and serious wounds of these wars--reproductive and
urinary tract trauma.
As many of my colleagues know, the nature of the current conflict we
are involved in and the use of improvised explosive devices leave our
servicemembers far more susceptible to very serious injuries, such as
reproductive and urinary tract trauma. Army data shows that between
2003 and 2011, we had 2,000 servicemembers suffering from these kinds
of injuries. Like so many of our veterans, these men and women come
home and want to return to their lives, to find employment and to start
a family. But today, when they go to the VA, the fertility services
that are available don't meet the very complex needs of these serious
injuries. In fact, veterans who have suffered from these injuries find
that the VA is specifically barred from providing more advanced
assisted reproductive techniques, such as in vitro fertilization. They
are, in fact, told--despite the fact that they have made such an
extreme sacrifice for our country--that they can't be provided with the
medical services they need to start a family.
One of those veterans I have come to know is SSG Matt Keil and his
wife Tracy, who are here with us today. Staff Sergeant Keil, whom I
talked about this morning, was shot in the neck while he was on patrol
in Ramadi, Iraq, on February 24, 2007, just 6 weeks after he married
Tracy. Staff Sergeant Keil instantly became a quadriplegic. Later, when
he came home and they wanted to start a family, Tracy and Matt were
faced with the fact that they could not access IVF services through the
VA, which meant they had to pay $32,000 out of their own pocket.
Mr. President, the bill we passed today means those families who are
coming behind Tracy and Matt won't have to go through the same fight to
take care of something that is so vital to so many American families;
that is, having a family of their own. This is an important step we
have taken today in passing this out of the Senate. I am hopeful that
the House will take it up and pass it. And I assure Tracy and Matt that
one day, when this bill is signed into law, they will have made a true
difference for those families who come behind them, and for that I am
eternally grateful.
I thank the Chair, and I yield the floor.
The PRESIDING OFFICER. The Senator from Delaware.
Mr. COONS. Mr. President, I wish to commend Senator Murray before she
leaves the floor for her tireless dedication to America's Armed Forces,
for her commitment to our veterans and her passion for addressing their
very real and very human needs, and for bringing examples from her home
community as well as from our country at large of just how much we owe
our veterans and in just how many different ways they face challenges
as they try to move forward with their lives after their service for
us. I wanted to thank her and recognize the Senator from Washington.

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