I 

116TH CONGRESS 

1ST SESSION H. R. 955 

To improve the reproductive assistance provided by the Department of Defense and the Department of Veterans Affairs to severely wounded, 

ill, or injured members of the Armed Forces, veterans, and their spouses 

or partners, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 4, 2019 

Mr. LARSEN of Washington (for himself, Ms. JACKSON LEE, Mr. RUSH, Mr. 

HECK, Mr. RYAN, Mr. DEFAZIO, Mr. KILMER, Ms. BLUNT ROCHESTER, 

Mr. SEAN PATRICK MALONEY of New York, and Mr. HIMES) introduced 

the following bill; which was referred to the Committee on Veterans’ Affairs, and in addition to the Committee on Armed Services, for a period 

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To improve the reproductive assistance provided by the Department of Defense and the Department of Veterans 

Affairs to severely wounded, ill, or injured members of 

the Armed Forces, veterans, and their spouses or partners, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Women Veterans and Families Health Services Act of 

4 2019’’. 

5 (b) TABLE OF CONTENTS.—The table of contents for 

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—REPRODUCTIVE AND FERTILITY PRESERVATION 

ASSISTANCE FOR MEMBERS OF THE ARMED FORCES 

Sec. 101. Provision of fertility treatment and counseling to certain members of 

the Armed Forces and spouses, partners, and gestational surrogates of such members. 

Sec. 102. Establishment of fertility preservation procedures after an injury or 

illness. 

Sec. 103. Cryopreservation and storage of gametes of members of the Armed 

Forces on active duty. 

Sec. 104. Coordination between Department of Defense and Department of 

Veterans Affairs on furnishing of fertility treatment and counseling. 

TITLE II—REPRODUCTIVE, ADOPTION, AND CHILD CARE 

ASSISTANCE FOR VETERANS 

Sec. 201. Inclusion of fertility treatment and counseling under the definition of 

medical services in title 38. 

Sec. 202. Fertility treatment and counseling for certain veterans and spouses, 

partners, and gestational surrogates of such veterans. 

Sec. 203. Adoption assistance for severely wounded veterans. 

Sec. 204. Annual report on fertility treatment and counseling furnished by Department of Veterans Affairs. 

Sec. 205. Regulations on furnishing of fertility treatment and counseling and 

adoption assistance by Department of Veterans Affairs. 

Sec. 206. Facilitation of reproduction and infertility research. 

Sec. 207. Requirement to improve Department of Veterans Affairs women veterans contact center. 

Sec. 208. Modification of pilot program on counseling in retreat settings for 

women veterans newly separated from service in the Armed 

Forces. 

Sec. 209. Program on assistance for child care for certain veterans. 


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1 TITLE I—REPRODUCTIVE AND 

2 FERTILITY PRESERVATION 

3 ASSISTANCE FOR MEMBERS 

4 OF THE ARMED FORCES 

5 SEC. 101. PROVISION OF FERTILITY TREATMENT AND 

6 COUNSELING TO CERTAIN MEMBERS OF THE 

7 ARMED FORCES AND SPOUSES, PARTNERS, 

8 AND GESTATIONAL SURROGATES OF SUCH 

9 MEMBERS. 

10 (a) FERTILITY TREATMENT AND COUNSELING.— 

11 (1) IN GENERAL.—The Secretary of Defense 

12 shall furnish fertility treatment and counseling, in13 cluding through the use of assisted reproductive 

14 technology, to a covered member of the Armed 

15 Forces or a spouse, partner, or gestational surrogate 

16 of such a member. 

17 (2) ELIGIBILITY FOR TREATMENT AND COUN18 SELING.—Fertility treatment and counseling shall be 

19 furnished under paragraph (1) without regard to the 

20 sex or marital status of the covered member of the 

21 Armed Forces. 

22 (3) IN VITRO FERTILIZATION.—In the case of 

23 in vitro fertilization treatment furnished under para24 graph (1), the Secretary may furnish not more than 

25 three completed cycles or six attempted cycles of in 


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1 vitro fertilization, whichever occurs first, to an indi2 vidual under such paragraph. 

3 (b) PROCUREMENT OF GAMETES.—If a covered 

4 member of the Armed Forces is unable to provide their 

5 gametes for purposes of fertility treatment under sub6 section (a), the Secretary shall, at the election of such 

7 member, allow such member to receive such treatment 

8 with donated gametes and pay or reimburse such member 

9 the reasonable costs of procuring gametes from a donor. 

10 (c) RULE OF CONSTRUCTION.—Nothing in this sec11 tion shall be construed to require the Secretary— 

12 (1) to find or certify a gestational surrogate for 

13 a covered member of the Armed Forces or to con14 nect a gestational surrogate with such a member; or 

15 (2) to find or certify gametes from a donor for 

16 a covered member of the Armed Forces or to con17 nect such a member with gametes from a donor. 

18 (d) DEFINITIONS.—In this section: 

19 (1) ASSISTED REPRODUCTIVE TECHNOLOGY.— 

20 The term ‘‘assisted reproductive technology’’ in21 cludes in vitro fertilization and other fertility treat22 ments in which both eggs and sperm are handled 

23 when clinically appropriate. 

24 (2) COVERED MEMBER OF THE ARMED

25 FORCES.—The term ‘‘covered member of the Armed 


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1 Forces’’ means a severely wounded, ill, or injured 

2 member of the Armed Forces who has an infertility 

3 condition incurred or aggravated while serving on 

4 active duty in the Armed Forces. 

5 (3) FERTILITY TREATMENT.—The term ‘‘fer6 tility treatment’’ includes the following: 

7 (A) Procedures that use assisted reproduc8 tive technology. 

9 (B) Sperm retrieval. 

10 (C) Egg retrieval. 

11 (D) Artificial insemination. 

12 (E) Embryo transfer. 

13 (F) Such other treatments as the Sec14 retary of Defense considers appropriate. 

15 (4) PARTNER.—The term ‘‘partner’’, with re16 spect to a member of the Armed Forces, means an 

17 individual selected by the member who agrees to 

18 share with the member the parental responsibilities 

19 with respect to any child born as a result of the use 

20 of any fertility treatment under this section. 

21 SEC. 102. ESTABLISHMENT OF FERTILITY PRESERVATION 

22 PROCEDURES AFTER AN INJURY OR ILLNESS. 

23 (a) IN GENERAL.—The Secretary of Defense, acting 

24 through the Assistant Secretary of Defense for Health Af25 fairs, shall establish procedures for the retrieval of 


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1 gametes, as soon as medically appropriate, from a member 

2 of the Armed Forces in cases in which the fertility of such 

3 member is potentially jeopardized as a result of an injury 

4 or illness incurred or aggravated while serving on active 

5 duty in the Armed Forces in order to preserve the medical 

6 options of such member. 

7 (b) CONSENT FOR RETRIEVAL OF GAMETES.— 

8 Gametes may be retrieved from a member of the Armed 

9 Forces under subsection (a) only— 

10 (1) with the specific consent of the member; or 

11 (2) if the member is unable to consent, if a 

12 medical professional determines that— 

13 (A) the future fertility of the member is 

14 potentially jeopardized as a result of an injury 

15 or illness described in subsection (a) or will be 

16 potentially jeopardized as a result of treating 

17 such injury or illness; 

18 (B) the member lacks the capacity to con19 sent to the retrieval of gametes and is likely to 

20 regain such capacity; and 

21 (C) the retrieval of gametes under this sec22 tion is in the medical interest of the member. 

23 (c) CONSENT FOR USE OF RETRIEVED GAMETES.— 

24 Gametes retrieved from a member of the Armed Forces 

25 under subsection (a) may be used only— 


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1 (1) with the specific consent of the member; or 

2 (2) if the member has lost the ability to consent 

3 permanently, as determined by a medical profes4 sional, as specified in an advance directive or testa5 mentary instrument executed by the member. 

6 (d) DISPOSAL OF GAMETES.—In accordance with 

7 regulations prescribed by the Secretary for purpose of this 

8 subsection, the Secretary shall dispose of gametes re9 trieved from a member of the Armed Forces under sub10 section (a)— 

11 (1) with the specific consent of the member; or 

12 (2) if the member— 

13 (A) has lost the ability to consent perma14 nently, as determined by a medical professional; 

15 and 

16 (B) has not specified the use of their 

17 gametes in an advance directive or testa18 mentary instrument executed by the member. 

19 SEC. 103. CRYOPRESERVATION AND STORAGE OF GAMETES 

20 OF MEMBERS OF THE ARMED FORCES ON AC21 TIVE DUTY. 

22 (a) IN GENERAL.—The Secretary of Defense shall 

23 provide members of the Armed Forces on active duty in 

24 the Armed Forces with the opportunity to cryopreserve 


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1 and store their gametes prior to deployment to a combat 

2 zone. 

3 (b) PERIOD OF TIME.— 

4 (1) IN GENERAL.—The Secretary shall provide 

5 for the cryopreservation and storage of gametes of 

6 any member of the Armed Forces under subsection 

7 (a), at no cost to the member, in a facility of the 

8 Department of Defense or of a private entity pursu9 ant to a contract under subsection (d) until the date 

10 that is one year after the retirement, separation, or 

11 release of the member from the Armed Forces. 

12 (2) CONTINUED CRYOPRESERVATION AND

13 STORAGE.—At the end of the one-year period speci14 fied in paragraph (1), the Secretary shall permit an 

15 individual whose gametes were cryopreserved and 

16 stored in a facility of the Department as described 

17 in that paragraph to select, including pursuant to an 

18 advance medical directive or military testamentary 

19 instrument completed under subsection (c), one of 

20 the following options: 

21 (A) To continue such cryopreservation and 

22 storage in such facility with the cost of such 

23 cryopreservation and storage borne by the indi24 vidual. 


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1 (B) To transfer the gametes to a private 

2 cryopreservation and storage facility selected by 

3 the individual. 

4 (C) To transfer the gametes to a facility of 

5 the Department of Veterans Affairs if 

6 cryopreservation and storage is available to the 

7 individual at such facility. 

8 (3) DISPOSAL OF GAMETES.—If an individual 

9 described in paragraph (2) does not make a selection 

10 under subparagraph (A), (B), or (C) of such para11 graph, the Secretary may dispose of the gametes of 

12 the individual not earlier than the date that is 90 

13 days after the end of the one-year period specified 

14 in paragraph (1) with respect to the individual. 

15 (c) ADVANCE MEDICAL DIRECTIVE AND MILITARY

16 TESTAMENTARY INSTRUMENT.—A member of the Armed 

17 Forces who elects to cryopreserve and store their gametes 

18 under this section must complete an advance medical di19 rective, as defined in section 1044c(b) of title 10, United 

20 States Code, and a military testamentary instrument, as 

21 defined in section 1044d(b) of such title, that explicitly 

22 specifies the use of their cryopreserved and stored gametes 

23 if such member dies or otherwise loses the capacity to con24 sent to the use of their cryopreserved and stored gametes. 


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1 (d) AGREEMENTS.—To carry out this section, the 

2 Secretary may enter into agreements with private entities 

3 that provide cryopreservation and storage services for 

4 gametes. 

5 SEC. 104. COORDINATION BETWEEN DEPARTMENT OF DE6 FENSE AND DEPARTMENT OF VETERANS AF7 FAIRS ON FURNISHING OF FERTILITY TREAT8 MENT AND COUNSELING. 

9 (a) IN GENERAL.—The Secretary of Defense and the 

10 Secretary of Veterans Affairs shall share best practices 

11 and facilitate referrals, as they consider appropriate, on 

12 the furnishing of fertility treatment and counseling to in13 dividuals eligible for the receipt of such counseling and 

14 treatment from the Secretaries. 

15 (b) MEMORANDUM OF UNDERSTANDING.—The Sec16 retary of Defense and the Secretary of Veterans Affairs 

17 shall enter into a memorandum of understanding— 

18 (1) providing that the Secretary of Defense will 

19 ensure access by the Secretary of Veterans Affairs 

20 to gametes of veterans stored by the Department of 

21 Defense for purposes of furnishing fertility treat22 ment under section 1720J of title 38, United States 

23 Code, as added by section 202; and 

24 (2) authorizing the Department of Veterans Af25 fairs to compensate the Department of Defense for 


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1 the cryopreservation and storage of gametes of vet2 erans under section 103. 

3 TITLE II—REPRODUCTIVE, 

4 ADOPTION, AND CHILD CARE 

5 ASSISTANCE FOR VETERANS 

6 SEC. 201. INCLUSION OF FERTILITY TREATMENT AND 

7 COUNSELING UNDER THE DEFINITION OF 

8 MEDICAL SERVICES IN TITLE 38. 

9 Section 1701(6) of title 38, United States Code, is 

10 amended by adding at the end the following new subpara11 graph: 

12 ‘‘(I) Fertility treatment and counseling, in13 cluding treatment using assisted reproductive 

14 technology.’’. 

15 SEC. 202. FERTILITY TREATMENT AND COUNSELING FOR 

16 CERTAIN VETERANS AND SPOUSES, PART17 NERS, AND GESTATIONAL SURROGATES OF 

18 SUCH VETERANS. 

19 (a) IN GENERAL.—Subchapter II of chapter 17 of 

20 title 38, United States Code, is amended by adding at the 

21 end the following new section: 


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1 ‘‘§ 1720J. Fertility treatment and counseling for cer2 tain veterans and spouses, partners, and 

3 gestational surrogates of such veterans 

4 ‘‘(a) IN GENERAL.—(1) The Secretary shall furnish 

5 fertility treatment and counseling, including through the 

6 use of assisted reproductive technology, to a covered vet7 eran or a spouse, partner, or gestational surrogate of a 

8 covered veteran if the veteran, and the spouse, partner, 

9 or gestational surrogate of the veteran, as applicable, 

10 apply jointly for such counseling and treatment through 

11 a process prescribed by the Secretary. 

12 ‘‘(2) Fertility treatment and counseling shall be fur13 nished under paragraph (1) without regard to the sex or 

14 marital status of the covered veteran. 

15 ‘‘(3) In the case of in vitro fertilization treatment fur16 nished under paragraph (1), the Secretary may furnish 

17 not more than three completed cycles or six attempted cy18 cles of in vitro fertilization, whichever occurs first, to an 

19 individual under such paragraph. 

20 ‘‘(b) COORDINATION OF CARE FOR OTHER INDIVID21 UALS.—In the case of a veteran or a spouse, partner, or 

22 gestational surrogate of a veteran not described in sub23 section (a) who is seeking fertility treatment and coun24 seling, the Secretary may coordinate fertility treatment 

25 and counseling for such veteran, spouse, partner, or gesta26 tional surrogate. 


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1 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec2 tion shall be construed to require the Secretary— 

3 ‘‘(1) to find or certify a gestational surrogate 

4 for a covered veteran or to connect a gestational sur5 rogate with a covered veteran; or 

6 ‘‘(2) to furnish maternity care to a covered vet7 eran or spouse, partner, or gestational surrogate of 

8 a covered veteran in addition to what is otherwise 

9 required by law. 

10 ‘‘(d) DEFINITIONS.—In this section: 

11 ‘‘(1) The term ‘assisted reproductive tech12 nology’ includes in vitro fertilization and other fer13 tility treatments in which both eggs and sperm are 

14 handled when clinically appropriate. 

15 ‘‘(2) The term ‘covered veteran’ means a se16 verely wounded, ill, or injured veteran who— 

17 ‘‘(A) has an infertility condition incurred 

18 or aggravated in line of duty in the active mili19 tary, naval, or air service; and 

20 ‘‘(B) is enrolled in the system of annual 

21 patient enrollment established under section 

22 1705(a) of this title. 

23 ‘‘(3) The term ‘fertility treatment’ includes the 

24 following: 


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1 ‘‘(A) Procedures that use assisted repro2 ductive technology. 

3 ‘‘(B) Sperm retrieval. 

4 ‘‘(C) Egg retrieval. 

5 ‘‘(D) Artificial insemination. 

6 ‘‘(E) Embryo transfer. 

7 ‘‘(F) Such other treatments as the Sec8 retary considers appropriate. 

9 ‘‘(4) The term ‘partner’, with respect to a vet10 eran, means an individual selected by the veteran 

11 who agrees to share with the veteran the parental 

12 responsibilities with respect to any child born as a 

13 result of the use of any fertility treatment under this 

14 section.’’. 

15 (b) CLERICAL AMENDMENT.—The table of sections 

16 at the beginning of chapter 17 of such title is amended 

17 by inserting after the item relating to section 1720I the 

18 following new item: 

‘‘1720J. Fertility treatment and counseling for certain veterans and spouses, 

partners, and gestational surrogates of such veterans.’’. 

19 SEC. 203. ADOPTION ASSISTANCE FOR SEVERELY WOUND20 ED VETERANS. 

21 (a) IN GENERAL.—Subchapter VIII of chapter 17 of 

22 title 38, United States Code, is amended by adding at the 

23 end the following new section: 


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1 ‘‘§ 1789. Adoption assistance 

2 ‘‘(a) IN GENERAL.—The Secretary may pay an 

3 amount, not to exceed the limitation amount, to assist a 

4 covered veteran in the adoption of one or more children. 

5 ‘‘(b) LIMITATION AMOUNT.—For purposes of this 

6 section, the limitation amount is the amount equal to the 

7 cost the Department would incur by paying the expenses 

8 of three adoptions by covered veterans, as determined by 

9 the Secretary. 

10 ‘‘(c) COVERED VETERAN DEFINED.—In this section, 

11 the term ‘covered veteran’ has the meaning given that 

12 term in section 1720J of this title.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections 

14 at the beginning of chapter 17 of such title is amended 

15 by inserting after the item relating to section 1788 the 

16 following new item: 

‘‘1789. Adoption assistance.’’. 

17 SEC. 204. ANNUAL REPORT ON FERTILITY TREATMENT AND 

18 COUNSELING FURNISHED BY DEPARTMENT 

19 OF VETERANS AFFAIRS. 

20 (a) IN GENERAL.—Not later than one year after the 

21 date of the enactment of this Act, and not less frequently 

22 than annually thereafter, the Secretary of Veterans Af23 fairs shall submit to the Committee on Veterans’ Affairs 

24 of the Senate and the Committee on Veterans’ Affairs of 

25 the House of Representatives a report on the fertility 


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1 treatment and counseling furnished by the Department of 

2 Veterans Affairs during the year preceding the submittal 

3 of the report. 

4 (b) ELEMENTS.—Each report submitted under sub5 section (a) shall include, for the period covered by the re6 port, the following: 

7 (1) The number of veterans who received fer8 tility treatment or counseling furnished by the De9 partment of Veterans Affairs, disaggregated by era 

10 of military service of such veterans. 

11 (2) The number of spouses, partners, and ges12 tational surrogates of veterans who received fertility 

13 treatment or counseling furnished by the Depart14 ment. 

15 (3) The cost to the Department of furnishing 

16 fertility treatment and counseling, disaggregated by 

17 cost of services and administration. 

18 (4) The average cost to the Department per re19 cipient of fertility treatment and counseling. 

20 (5) In cases in which the Department furnished 

21 fertility treatment through the use of assisted repro22 ductive technology, the average number of cycles per 

23 person furnished, disaggregated by type of treat24 ment. 


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1 (6) A description of how fertility treatment and 

2 counseling services of the Department are coordi3 nated with similar services of the Department of De4 fense. 

5 (c) DEFINITIONS.—In this section, the terms ‘‘as6 sisted reproductive technology’’ and ‘‘partner’’ have the 

7 meanings given those terms in section 1720J of title 38, 

8 United States Code, as added by section 202. 

9 SEC. 205. REGULATIONS ON FURNISHING OF FERTILITY 

10 TREATMENT AND COUNSELING AND ADOP11 TION ASSISTANCE BY DEPARTMENT OF VET12 ERANS AFFAIRS. 

13 Not later than 18 months after the date of the enact14 ment of this Act, the Secretary of Veterans Affairs shall 

15 prescribe regulations— 

16 (1) to carry out section 1720J of title 38, 

17 United States Code, as added by section 202; and 

18 (2) to carry out section 1789 of such title, as 

19 added by section 203. 

20 SEC. 206. FACILITATION OF REPRODUCTION AND INFER21 TILITY RESEARCH. 

22 (a) IN GENERAL.—Subchapter II of chapter 73 of 

23 title 38, United States Code, is amended by adding at the 

24 end the following new section: 


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1 ‘‘§ 7330D. Facilitation of reproduction and infertility 

2 research 

3 ‘‘(a) FACILITATION OF RESEARCH REQUIRED.—The 

4 Secretary shall facilitate research conducted collabo5 ratively by the Secretary of Defense and the Secretary of 

6 Health and Human Services to improve the ability of the 

7 Department of Veterans Affairs to meet the long-term re8 productive health care needs of veterans who have a geni9 tourinary service-connected disability or a condition that 

10 was incurred or aggravated in line of duty in the active 

11 military, naval, or air service, such as a spinal cord injury, 

12 that affects the veterans’ ability to reproduce. 

13 ‘‘(b) DISSEMINATION OF INFORMATION.—The Sec14 retary shall ensure that information produced by the re15 search facilitated under this section that may be useful 

16 for other activities of the Veterans Health Administration 

17 is disseminated throughout the Veterans Health Adminis18 tration.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 at the beginning of chapter 73 of such title is amended 

21 by inserting after the item relating to section 7330C the 

22 following new item: 

‘‘7330D. Facilitation of reproduction and infertility research.’’. 

23 (c) REPORT.—Not later than three years after the 

24 date of the enactment of this Act, the Secretary of Vet25 erans Affairs shall submit to Congress a report on the reVerDate Sep 11 2014 19:27 Feb 19, 2019 Jkt 089200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H955.IH H955

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1 search activities conducted by the Secretary under section 

2 7330D of title 38, United States Code, as added by sub3 section (a). 

4 SEC. 207. REQUIREMENT TO IMPROVE DEPARTMENT OF 

5 VETERANS AFFAIRS WOMEN VETERANS CON6 TACT CENTER. 

7 The Secretary of Veterans Affairs shall enhance the 

8 capabilities of the women veterans contact center of the 

9 Department of Veterans Affairs— 

10 (1) to respond to requests by women veterans 

11 for assistance with accessing health care and bene12 fits furnished under the laws administered by the 

13 Secretary; and 

14 (2) to refer such veterans to resources provided 

15 by the Federal Government and the community to 

16 obtain assistance with services not furnished by the 

17 Department. 

18 SEC. 208. MODIFICATION OF PILOT PROGRAM ON COUN19 SELING IN RETREAT SETTINGS FOR WOMEN 

20 VETERANS NEWLY SEPARATED FROM SERV21 ICE IN THE ARMED FORCES. 

22 (a) INCREASE IN NUMBER OF LOCATIONS.—Sub23 section (c) of section 203 of the Caregivers and Veterans 

24 Omnibus Health Services Act of 2010 (Public Law 111– 


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1 163; 38 U.S.C. 1712A note) is amended by striking ‘‘three 

2 locations’’ and inserting ‘‘14 locations’’. 

3 (b) PERMANENT PROGRAM.—Such section is amend4 ed— 

5 (1) by striking subsections (d) and (e); and 

6 (2) by redesignating subsections (f) as sub7 section (d). 

8 (c) AUTHORIZATION OF APPROPRIATIONS.—Sub9 section (d) of such section, as redesignated by subsection 

10 (b)(2), is amended by striking ‘‘Secretary of Veterans Af11 fairs for each’’ and all that follows through the period at 

12 the end and inserting ‘‘Secretary of Veterans Affairs to 

13 carry out the pilot program— 

14 ‘‘(1) for each of fiscal years 2010, 2011, 2015, 

15 2016, 2017, 2018, 2019, $2,000,000; and 

16 ‘‘(2) for each fiscal year after fiscal year 2019, 

17 such sums as may be necessary.’’. 

18 SEC. 209. PROGRAM ON ASSISTANCE FOR CHILD CARE FOR 

19 CERTAIN VETERANS. 

20 (a) ASSISTANCE FOR CHILD CARE FOR CERTAIN

21 VETERANS RECEIVING HEALTH CARE.— 

22 (1) IN GENERAL.—Subchapter I of chapter 17 

23 of title 38, United States Code, is amended by add24 ing at the end the following new section: 


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1 ‘‘§ 1709C. Assistance for child care for certain vet2 erans receiving health care 

3 ‘‘(a) PROGRAM REQUIRED.—The Secretary shall 

4 carry out a program to provide, subject to subsection (b), 

5 assistance to qualified veterans described in subsection (c) 

6 to obtain child care so that such veterans can receive 

7 health care services described in subsection (c)(2). 

8 ‘‘(b) LIMITATION ON PERIOD OF PAYMENTS.—As9 sistance may be provided to a qualified veteran under this 

10 section for receipt of child care only during the period that 

11 the qualified veteran— 

12 ‘‘(1) receives the types of health care services 

13 described in subsection (c)(2) at a facility of the De14 partment; and 

15 ‘‘(2) requires travel to and return from such fa16 cility for the receipt of such health care services. 

17 ‘‘(c) QUALIFIED VETERANS.—For purposes of this 

18 section, a qualified veteran is a veteran who— 

19 ‘‘(1) is the primary caretaker of a child or chil20 dren; and 

21 ‘‘(2)(A) receives from the Department— 

22 ‘‘(i) regular mental health care services; 

23 ‘‘(ii) intensive mental health care services; 

24 or 

25 ‘‘(iii) such other intensive health care serv26 ices that the Secretary determines that proviVerDate Sep 11 2014 19:27 Feb 19, 2019 Jkt 089200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H955.IH H955

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1 sion of assistance to the veteran to obtain child 

2 care would improve access to such health care 

3 services by the veteran; or 

4 ‘‘(B) is in need of regular or intensive mental 

5 health care services from the Department, and but 

6 for lack of child care services, would receive such 

7 health care services from the Department. 

8 ‘‘(d) LOCATIONS.—Not later than five years after the 

9 date of the enactment of the Women Veterans and Fami10 lies Health Services Act of 2019, the Secretary shall carry 

11 out the program at each medical center of the Depart12 ment. 

13 ‘‘(e) FORMS OF CHILD CARE ASSISTANCE.—(1) 

14 Child care assistance under this section may include the 

15 following: 

16 ‘‘(A) Stipends for the payment of child care of17 fered by licensed child care centers (either directly 

18 or through a voucher program) that shall be, to the 

19 extent practicable, modeled after the Department of 

20 Veterans Affairs Child Care Subsidy Program estab21 lished pursuant to section 630 of the Treasury and 

22 General Government Appropriations Act, 2002 

23 (Public Law 107–67; 115 Stat. 552). 

24 ‘‘(B) Direct provision of child care at an on-site 

25 facility of the Department. 


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1 ‘‘(C) Payments to private child care agencies. 

2 ‘‘(D) Collaboration with facilities or programs 

3 of other Federal agencies. 

4 ‘‘(E) Such other forms of assistance as the Sec5 retary considers appropriate. 

6 ‘‘(2) In providing child care assistance under this sec7 tion, the child care needs of the local area shall be consid8 ered and the head of each medical center may select the 

9 type of care that is most appropriate or feasible for such 

10 medical center. 

11 ‘‘(3) In the case that child care assistance under this 

12 section is provided as a stipend under paragraph (1)(A), 

13 such stipend shall cover the full cost of such child care.’’. 

14 (2) CONFORMING AMENDMENT.—Section 

15 205(e) of the Caregivers and Veterans Omnibus 

16 Health Services Act of 2010 (Public Law 111–163; 

17 38 U.S.C. 1710 note) is amended by striking ‘‘Sep18 tember 30, 2020’’ and inserting ‘‘the date of the en19 actment of the Women Veterans and Families 

20 Health Services Act of 2019’’. 

21 (3) CLERICAL AMENDMENT.—The table of sec22 tions at the beginning of chapter 17 of such title is 

23 amended by inserting after the item relating to sec24 tion 1709B the following new item: 

‘‘1709C. Assistance for child care for certain veterans receiving health care.’’. 


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1 (b) ASSISTANCE FOR CHILD CARE FOR CERTAIN

2 VETERANS RECEIVING READJUSTMENT COUNSELING

3 AND RELATED MENTAL HEALTH SERVICES.— 

4 (1) IN GENERAL.—Subchapter I of chapter 17 

5 of such title, as amended by subsection (a)(1), is 

6 further amended by adding at the end the following 

7 new section: 

8 ‘‘§ 1709D. Assistance for child care for certain vet9 erans receiving readjustment counseling 

10 and related mental health services 

11 ‘‘(a) PROGRAM REQUIRED.—The Secretary shall 

12 carry out a program to provide, subject to subsection (b), 

13 assistance to qualified veterans described in subsection (c) 

14 to obtain child care so that such veterans can receive read15 justment counseling and related mental health services. 

16 ‘‘(b) LIMITATION ON PERIOD OF PAYMENTS.—As17 sistance may be provided to a qualified veteran under this 

18 section for receipt of child care only during the period that 

19 the qualified veteran receives readjustment counseling and 

20 related health care services at a Vet Center. 

21 ‘‘(c) QUALIFIED VETERANS.—For purposes of this 

22 section, a qualified veteran is a veteran who— 

23 ‘‘(1) is the primary caretaker of a child; and 


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1 ‘‘(2)(A) receives from the Department regular 

2 readjustment counseling and related mental health 

3 services; or 

4 ‘‘(B) is in need of readjustment counseling and 

5 related mental health services from the Department, 

6 and but for lack of child care services, would receive 

7 such counseling and services from the Department. 

8 ‘‘(d) LOCATIONS.—The Secretary shall carry out the 

9 program under this section in not fewer than three Read10 justment Counseling Service Regions selected by the Sec11 retary for purposes of the program. 

12 ‘‘(e) FORMS OF CHILD CARE ASSISTANCE.—(1) 

13 Child care assistance under this section may include the 

14 following: 

15 ‘‘(A) Stipends for the payment of child care of16 fered by licensed child care centers (either directly 

17 or through a voucher program) that shall be, to the 

18 extent practicable, modeled after the Department of 

19 Veterans Affairs Child Care Subsidy Program estab20 lished pursuant to section 630 of the Treasury and 

21 General Government Appropriations Act, 2002 

22 (Public Law 107–67; 115 Stat. 552). 

23 ‘‘(B) Payments to private child care agencies. 

24 ‘‘(C) Collaboration with facilities or programs 

25 of other Federal agencies. 


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1 ‘‘(D) Such other forms of assistance as the Sec2 retary considers appropriate. 

3 ‘‘(2) In providing child care assistance under this sec4 tion, the child care needs of the local area shall be consid5 ered and the head of each Vet Center may select the type 

6 of care that is most appropriate or feasible for such Vet 

7 Center. 

8 ‘‘(3) In the case that child care assistance under this 

9 subsection is provided as a stipend under paragraph 

10 (1)(A), such stipend shall cover the full cost of such child 

11 care. 

12 ‘‘(f) VET CENTER DEFINED.—In this section, the 

13 term ‘Vet Center’ means a center for readjustment coun14 seling and related mental health services for veterans 

15 under section 1712A of this title.’’. 

16 (2) CLERICAL AMENDMENT.—The table of sec17 tions at the beginning of such chapter, as amended 

18 by subsection (a)(3), is further amended by inserting 

19 after the item relating to section 1709C the fol20 lowing new item: 

‘‘1709D. Assistance for child care for certain veterans receiving readjustment 

counseling and related mental health services.’’. 

Æ 


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