II 

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. 

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 Other Health Care Improvements 

4 Act of 2012’’. 

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

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Facilitation of reproduction and infertility research. 

Sec. 3. Clarification that fertility counseling and treatment are medical services 

which the Secretary may furnish to veterans like other medical 

services. 

Sec. 4. Reproductive treatment and care delivery for spouses and surrogates of 

veterans. 

Sec. 5. Requirement to improve Department of Veterans Affairs women veterans call center. 

Sec. 6. Modification of pilot program on counseling in retreat settings for 

women veterans newly separated from service in the Armed 

Forces. 

Sec. 7. Pilot programs on assistance for child care for certain veterans. 

7 SEC. 2. FACILITATION OF REPRODUCTION AND INFER8 TILITY RESEARCH. 

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

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

11 end the following new section: 

12 ‘‘§ 7330B. Facilitation of reproduction and infertility 

13 research 

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

15 Secretary shall facilitate research conducted collabo16 ratively by the Secretary of Defense and the Director of 

17 the National Institutes of Health to improve the ability 

18 of the Department of Veterans Affairs to meet the long19 term reproductive health care needs of veterans who have 

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1 a service-connected genitourinary disability or a condition 

2 that was incurred or aggravated in line of duty in the ac3 tive military, naval, or air service, such as spinal cord in4 jury, that affects the veterans’ ability to reproduce. 

5 ‘‘(b) DISSEMINATION OF INFORMATION.—The Sec6 retary shall ensure that information produced by the re7 search facilitated under this section that may be useful 

8 for other activities of the Veterans Health Administration 

9 is disseminated throughout the Veterans Health Adminis10 tration.’’. 

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

12 at the beginning of chapter 73 is amended by inserting 

13 after the item relating to section 7330A the following new 

14 item: 

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

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

16 date of the enactment of this Act, the Secretary of Vet17 erans Affairs shall submit to Congress a report on the re18 search activities conducted by the Secretary under section 

19 7330B of title 38, United States Code, as added by sub20 section (a). 

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1 SEC. 3. CLARIFICATION THAT FERTILITY COUNSELING AND 

2 TREATMENT ARE MEDICAL SERVICES WHICH 

3 THE SECRETARY MAY FURNISH TO VET4 ERANS LIKE OTHER MEDICAL SERVICES. 

5 Section 1701(6) of such title is amended by adding 

6 at the end the following new subparagraph: 

7 ‘‘(H) Fertility counseling and treatment, 

8 including treatment using assisted reproductive 

9 technology.’’. 

10 SEC. 4. REPRODUCTIVE TREATMENT AND CARE DELIVERY 

11 FOR SPOUSES AND SURROGATES OF VET12 ERANS. 

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

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

15 end the following new section: 

16 ‘‘§ 1787. Reproductive treatment and care for spouses 

17 and surrogates of veterans 

18 ‘‘(a) IN GENERAL.—The Secretary shall furnish fer19 tility counseling and treatment, including through the use 

20 of assisted reproductive technology, to a spouse or surro21 gate of a severely wounded veteran who has an infertility 

22 condition incurred or aggravated in line of duty in the ac23 tive military, naval, or air service and who is enrolled in 

24 the health care system established under section 1705(a) 

25 of this title if the spouse and the veteran apply jointly 

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1 for such counseling and treatment through a process pre2 scribed by the Secretary. 

3 ‘‘(b) COORDINATION OF CARE FOR OTHER SPOUSES

4 AND SURROGATES.—In the case of a spouse or surrogate 

5 of a veteran not described in subsection (a) who is seeking 

6 fertility counseling and treatment, the Secretary may co7 ordinate fertility counseling and treatment for such spouse 

8 or surrogate.’’. 

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

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

11 by inserting after the item relating to section 1786 the 

12 following new section: 

‘‘1787. Reproductive treatment and care for spouses and surrogates of veterans.’’. 

13 (c) REGULATIONS.—Not later than one year after the 

14 date of the enactment of this Act, the Secretary of Vet15 erans Affairs shall prescribe regulations to carry out sec16 tion 1787 of title 38, United States Code, as added by 

17 paragraph (1). 

18 SEC. 5. REQUIREMENT TO IMPROVE DEPARTMENT OF VET19 ERANS AFFAIRS WOMEN VETERANS CALL 

20 CENTER. 

21 The Secretary of Veterans Affairs shall enhance the 

22 capabilities of the Department of Veterans Affairs women 

23 veterans call center— 

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1 (1) to respond to requests by women veterans 

2 for assistance with accessing health care and bene3 fits furnished under laws administered by the Sec4 retary; and 

5 (2) for referral of such veterans to community 

6 resources to obtain assistance with services not fur7 nished by the Department. 

8 SEC. 6. MODIFICATION OF PILOT PROGRAM ON COUN9 SELING IN RETREAT SETTINGS FOR WOMEN 

10 VETERANS NEWLY SEPARATED FROM SERV11 ICE IN THE ARMED FORCES. 

12 (a) INCREASE IN NUMBER OF LOCATIONS.—Sub13 section (c) of section 203 of the Caregivers and Veterans 

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

15 163; 38 U.S.C. 1712A note) is amended by striking ‘‘three 

16 locations’’ and inserting ‘‘14 locations’’. 

17 (b) EXTENSION OF DURATION.—Subsection (d) of 

18 such section is amended by striking ‘‘2-year’’ and insert19 ing ‘‘four-year’’. 

20 SEC. 7. PILOT PROGRAMS ON ASSISTANCE FOR CHILD 

21 CARE FOR CERTAIN VETERANS. 

22 (a) MODIFICATION OF DURATION OF PILOT PRO23 GRAM ON ASSISTANCE FOR CHILD CARE FOR CERTAIN

24 VETERANS RECEIVING HEALTH CARE.—Subsection (e) of 

25 section 205 of the Caregivers and Veterans Omnibus 

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1 Health Services Act of 2010 (Public Law 111–163; 38 

2 U.S.C. 1710 note) is amended to read as follows: 

3 ‘‘(e) DURATION.—A child care center that is estab4 lished as part of the pilot program may operate until the 

5 date that is two years after the date on which the pilot 

6 program is established in the third Veterans Integrated 

7 Service Network required by subsection (d).’’. 

8 (b) REQUIREMENT FOR PILOT PROGRAM ON ASSIST9 ANCE FOR CHILD CARE FOR CERTAIN VETERANS RECEIV10 ING READJUSTMENT COUNSELING AND RELATED MEN11 TAL HEALTH SERVICES.— 

12 (1) PILOT PROGRAM REQUIRED.—The Sec13 retary of Veterans Affairs shall carry out a pilot 

14 program to assess the feasibility and advisability of 

15 providing, subject to paragraph (2), assistance to 

16 qualified veterans described in paragraph (3) to ob17 tain child care so that such veterans can receive re18 adjustment counseling and related mental health 

19 services. 

20 (2) LIMITATION ON PERIOD OF PAYMENTS.— 

21 Assistance may only be provided to a qualified vet22 eran under the pilot program required by paragraph 

23 (1) for receipt of child care during the period that 

24 the qualified veteran receives readjustment counmstockstill on DSK4VPTVN1PROD with 

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1 seling and related health care services at a Vet Cen2 ter. 

3 (3) QUALIFIED VETERANS.—For purposes of 

4 this subsection, a qualified veteran is a veteran who 

5 is— 

6 (A) the primary caretaker of a child or 

7 children; and 

8 (B)(i) receiving from the Department reg9 ular readjustment counseling and related men10 tal health services; or 

11 (ii) in need of readjustment counseling and 

12 related mental health services from the Depart13 ment, and but for lack of child care services, 

14 would receive such counseling and services from 

15 the Department. 

16 (4) LOCATIONS.—The Secretary shall carry out 

17 the pilot program under this subsection in no fewer 

18 than three Readjustment Counseling Service Regions 

19 selected by the Secretary for purposes of the pilot 

20 program. 

21 (5) DURATION.—The pilot program under this 

22 subsection shall be carried out until the end of the 

23 two-year period beginning on the day on which the 

24 Secretary begins carrying out the pilot program at 

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1 lected under paragraph (4) at which the Secretary 

2 begins carrying out the pilot program. 

3 (6) FORMS OF CHILD CARE ASSISTANCE.— 

4 (A) IN GENERAL.—Child care assistance 

5 under this subsection may include the following: 

6 (i) Stipends for the payment of child 

7 care offered by licensed child care centers 

8 (either directly or through a voucher pro9 gram) which shall be, to the extent prac10 ticable, modeled after the Department of 

11 Veterans Affairs Child Care Subsidy Pro12 gram established pursuant to section 630 

13 of the Treasury and General Government 

14 Appropriations Act, 2002 (Public Law 

15 107–67; 115 Stat. 552). 

16 (ii) Payments to private child care 

17 agencies. 

18 (iii) Collaboration with facilities or 

19 programs of other Federal departments or 

20 agencies. 

21 (iv) Such other forms of assistance as 

22 the Secretary considers appropriate. 

23 (B) AMOUNTS OF STIPENDS.—In the case 

24 that child care assistance under this subsection 

25 is provided as a stipend under subparagraph 

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

2 such child care. 

3 (7) REPORT.—Not later than 180 days after 

4 the completion of the pilot program required by 

5 paragraph (1), the Secretary shall submit to Con6 gress a report on the pilot program. The report shall 

7 include the findings and conclusions of the Secretary 

8 as a result of the pilot program, and shall include 

9 such recommendations for the continuation or ex10 pansion of the pilot program as the Secretary con11 siders appropriate. 

12 (8) AUTHORIZATION OF APPROPRIATIONS.— 

13 There is authorized to be appropriated to the Sec14 retary of Veterans Affairs to carry out the pilot pro15 gram required by paragraph (1) $1,000,000 for each 

16 of fiscal years 2014 and 2015. 

17 (9) VET CENTER DEFINED.—In this section, 

18 the term ‘‘Vet Center’’ means a center for readjust19 ment counseling and related mental health services 

20 for veterans under section 1712A of title 38, United 

21 States Code. 

22 SECTION 1. SHORT TITLE. 

23 This Act may be cited as the ‘‘Women Veterans and 

24 Other Health Care Improvements Act of 2012’’. 

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1 SEC. 2. CLARIFICATION THAT FERTILITY COUNSELING AND 

2 TREATMENT ARE MEDICAL SERVICES WHICH 

3 THE SECRETARY MAY FURNISH TO VETERANS 

4 LIKE OTHER MEDICAL SERVICES. 

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

6 amended by adding at the end the following new subpara7 graph: 

8 ‘‘(H) Fertility counseling and treatment, 

9 including treatment using assisted reproductive 

10 technology.’’. 

11 SEC. 3. REPRODUCTIVE TREATMENT AND CARE FOR 

12 SPOUSES AND SURROGATES OF VETERANS. 

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

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

15 end the following new section: 

16 ‘‘§ 1788. Reproductive treatment and care for spouses 

17 and surrogates of veterans 

18 ‘‘(a) IN GENERAL.—The Secretary shall furnish fer19 tility counseling and treatment, including through the use 

20 of assisted reproductive technology, to a spouse or surrogate 

21 of a severely wounded, ill, or injured veteran who has an 

22 infertility condition incurred or aggravated in line of duty 

23 in the active military, naval, or air service and who is en24 rolled in the system of annual patient enrollment estab25 lished under section 1705(a) of this title if the spouse or 

26 surrogate and the veteran apply jointly for such counseling 

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1 and treatment through a process prescribed by the Sec2 retary. 

3 ‘‘(b) COORDINATION OF CARE FOR OTHER SPOUSES

4 AND SURROGATES.—In the case of a spouse or surrogate 

5 of a veteran not described in subsection (a) who is seeking 

6 fertility counseling and treatment, the Secretary may co7 ordinate fertility counseling and treatment for such spouse 

8 or surrogate. 

9 ‘‘(c) CONSTRUCTION.—Nothing in this section shall be 

10 construed to require the Secretary to find or certify a surro11 gate for a veteran or to connect a surrogate with an injured 

12 veteran.’’. 

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

14 the beginning of chapter 17 of such title is amended by in15 serting after the item relating to section 1787 the following 

16 new item: 

‘‘1788. Reproductive treatment and care for spouses and surrogates of veterans.’’. 

17 SEC. 4. ADOPTION ASSISTANCE. 

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

19 title 38, United States Code, as amended by section 3, is 

20 further amended by adding at the end the following new 

21 section: 

22 ‘‘§ 1789. Adoption assistance 

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

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

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

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1 ‘‘(b) COVERED VETERAN.—For purposes of this sec2 tion, a covered veteran is any severely wounded, ill, or in3 jured veteran who— 

4 ‘‘(1) has an infertility condition incurred or ag5 gravated in line of duty in the active military, naval, 

6 or air service; and 

7 ‘‘(2) is enrolled in the system of annual patient 

8 enrollment established under section 1705(a) of this 

9 title. 

10 ‘‘(c) LIMITATION AMOUNT.—For purposes of this sec11 tion, the limitation amount is the amount equal to the lesser 

12 of— 

13 ‘‘(1) the cost the Department would incur if the 

14 Secretary were to provide a covered veteran with one 

15 cycle of in vitro fertilization, as determined by the 

16 Secretary; and 

17 ‘‘(2) the cost the Department would incur by 

18 paying the expenses of three adoptions by covered vet19 erans, as determined by the Secretary.’’. 

20 (b) CLERICAL AMENDMENT.—The table of sections at 

21 the beginning of chapter 17 of such title, as amended by 

22 section 3, is further amended by inserting after the item 

23 relating to section 1788 the following new item: 

‘‘1789. Adoption assistance.’’. 

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1 SEC. 5. REPORT ON PROVISION OF FERTILITY COUNSELING 

2 AND TREATMENT. 

3 (a) IN GENERAL.—Each year, the Secretary of Vet4 erans Affairs shall submit to the Committee on Veterans’ 

5 Affairs of the Senate and the Committee on Veterans’ Af6 fairs of the House of Representatives a report on the fertility 

7 counseling and treatment furnished by the Department of 

8 Veterans Affairs during the year preceding the submittal 

9 of the report. 

10 (b) ELEMENTS.—Each report submitted under sub11 section (a) shall include, for the period covered by the re12 port, the following: 

13 (1) The number of veterans who received fertility 

14 counseling or treatment furnished by the Department 

15 of Veterans Affairs, disaggregated by era of military 

16 service of such veterans. 

17 (2) The number of spouses and surrogates of vet18 erans who received fertility counseling or treatment 

19 furnished by the Department. 

20 (3) The cost to the Department of furnishing fer21 tility counseling and treatment, disaggregated by cost 

22 of services and administration. 

23 (4) The average cost to the Department per re24 cipient of such counseling and treatment. 

25 (5) In cases in which the Department furnished 

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1 ductive technology, the average number of cycles per 

2 person furnished. 

3 (6) A description of how fertility counseling and 

4 treatment services of the Department are coordinated 

5 with similar services of the Department of Defense. 

6 SEC. 6. REGULATIONS ON FURNISHING OF FERTILITY 

7 COUNSELING AND TREATMENT AND ADOP8 TION ASSISTANCE. 

9 (a) IN GENERAL.—Not later than 540 days after the 

10 date of the enactment of this Act, the Secretary of Veterans 

11 Affairs shall prescribe regulations— 

12 (1) on the furnishing of fertility treatment to 

13 veterans using assisted reproductive technology; 

14 (2) to carry out section 1788 of title 38, United 

15 States Code, as added by section 3; and 

16 (3) to carry out section 1789 of such title, as 

17 added by section 4. 

18 (b) LIMITATION.—Notwithstanding any other provi19 sion of law, during the period beginning on the date of the 

20 enactment of this Act and ending on the date on which the 

21 Secretary prescribes regulations under subsection (a), the 

22 Secretary may not furnish— 

23 (1) to any veteran, any fertility treatment using 

24 assisted reproductive technology; 

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1 (2) any fertility counseling or treatment under 

2 section 1788 of title 38, United States Code, as added 

3 by section 3; or 

4 (3) any assistance under section 1789 of such 

5 title, as added by section 4. 

6 SEC. 7. COORDINATION WITH DEPARTMENT OF DEFENSE 

7 ON FURNISHING OF FERTILITY COUNSELING 

8 AND TREATMENT. 

9 The Secretary of Veterans Affairs shall coordinate the 

10 furnishing of fertility counseling and treatment by the De11 partment of Veterans Affairs with the furnishing of fertility 

12 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.’’. 

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Calendar No. 564 

112TH CONGRESS 

2D SESSION S. 3313 

A BILL 

To amend title 38, United States Code, to improve 

other purposes. health care furnished by the Department, and for Veterans Affairs to women veterans, to improve the assistance provided by the Department of 

DECEMBER 13, 2012 

Reported with an amendment and an amendment to the 

title 

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