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Title II — Reproductive, adoption, and child care assistance for veterans

S. 319 · 116th Congress · Feb 4, 2019 · Lineage

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

Section 1701(6) of title 38, United States Code, is amended by adding at the end the following new subparagraph:

“(I) Fertility treatment and counseling, including treatment using assisted reproductive technology.”

Sec. 202 Fertility treatment and counseling for certain veterans and spouses, partners, and gestational surrogates of such veterans

(a)
In general— Subchapter II of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section:

“1720J. Fertility treatment and counseling for certain veterans and spouses, partners, and gestational surrogates of such veterans

“(a) In general

“(1) The Secretary shall furnish fertility treatment and counseling, including through the use of assisted reproductive technology, to a covered veteran or a spouse, partner, or gestational surrogate of a covered veteran if the veteran, and the spouse, partner, or gestational surrogate of the veteran, as applicable, apply jointly for such counseling and treatment through a process prescribed by the Secretary.

“(2) Fertility treatment and counseling shall be furnished under paragraph (1) without regard to the sex or marital status of the covered veteran.

“(3) In the case of in vitro fertilization treatment furnished under paragraph (1), the Secretary may furnish not more than three completed cycles or six attempted cycles of in vitro fertilization, whichever occurs first, to an individual under such paragraph.

“(b) Coordination of care for other individuals—In the case of a veteran or a spouse, partner, or gestational surrogate of a veteran not described in subsection (a) who is seeking fertility treatment and counseling, the Secretary may coordinate fertility treatment and counseling for such veteran, spouse, partner, or gestational surrogate.

“(c) Rule of construction—Nothing in this section shall be construed to require the Secretary—

“(1) to find or certify a gestational surrogate for a covered veteran or to connect a gestational surrogate with a covered veteran; or

“(2) to furnish maternity care to a covered veteran or spouse, partner, or gestational surrogate of a covered veteran in addition to what is otherwise required by law.

“(d) Definitions—In this section:

“(1) The term assisted reproductive technology includes in vitro fertilization and other fertility treatments in which both eggs and sperm are handled when clinically appropriate.

“(2) The term covered veteran means a severely wounded, ill, or injured veteran who—

“(A) has an infertility condition incurred or aggravated in line of duty in the active military, naval, or air service; and

“(B) is enrolled in the system of annual patient enrollment established under section 1705(a) of this title.

“(3) The term fertility treatment includes the following:

“(A) Procedures that use assisted reproductive technology.

“(B) Sperm retrieval.

“(C) Egg retrieval.

“(D) Artificial insemination.

“(E) Embryo transfer.

“(F) Such other treatments as the Secretary considers appropriate.

“(4) The term partner, with respect to a veteran, means an individual selected by the veteran who agrees to share with the veteran the parental responsibilities with respect to any child born as a result of the use of any fertility treatment under this section.”

(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 1720I the following new item:

Sec. 203 Adoption assistance for severely wounded 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:

“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) Limitation amount—For purposes of this section, the limitation amount is the amount equal to the cost the Department would incur by paying the expenses of three adoptions by covered veterans, as determined by the Secretary.

“(c) Covered veteran defined—In this section, the term covered veteran has the meaning given that term in section 1720J of this title.”

(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 1788 the following new item:

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

(a)
In general— Not later than one year after the date of the enactment of this Act, and not less frequently than annually thereafter, 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 treatment and counseling 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 treatment or counseling furnished by the Department of Veterans Affairs, disaggregated by era of military service of such veterans.
(2)
The number of spouses, partners, and gestational surrogates of veterans who received fertility treatment or counseling furnished by the Department.
(3)
The cost to the Department of furnishing fertility treatment and counseling, disaggregated by cost of services and administration.
(4)
The average cost to the Department per recipient of fertility treatment and counseling.
(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, disaggregated by type of treatment.
(6)
A description of how fertility treatment and counseling services of the Department are coordinated with similar services of the Department of Defense.
(c)
Definitions— In this section, the terms assisted reproductive technology and partner have the meanings given those terms in section 1720J of title 38, United States Code, as added by section 202.

Sec. 205 Regulations on furnishing of fertility treatment and counseling and adoption assistance by Department of Veterans Affairs

Not later than 18 months after the date of the enactment of this Act, the Secretary of Veterans Affairs shall prescribe regulations—
(1)
to carry out section 1720J of title 38, United States Code, as added by section 202; and
(2)
to carry out section 1789 of such title, as added by section 203.

Sec. 206 Facilitation of reproduction and infertility research

(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:

“7330D. Facilitation of reproduction and infertility research

“(a) Facilitation of research required—The Secretary shall facilitate research conducted collaboratively by the Secretary of Defense and the Secretary of Health and Human Services to improve the ability of the Department of Veterans Affairs to meet the long-term reproductive health care needs of veterans who have a genitourinary service-connected disability or a condition that was incurred or aggravated in line of duty in the active military, naval, or air service, such as a spinal cord injury, that affects the veterans' ability to reproduce.

“(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.”

(b)
Clerical amendment— The table of sections at the beginning of chapter 73 of such title is amended by inserting after the item relating to section 7330C the following new item:
(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 7330D of title 38, United States Code, as added by subsection (a).

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

The Secretary of Veterans Affairs shall enhance the capabilities of the women veterans contact center of the Department of Veterans Affairs—
(1)
to respond to requests by women veterans for assistance with accessing health care and benefits furnished under the laws administered by the Secretary; and
(2)
to refer such veterans to resources provided by the Federal Government and the community to obtain assistance with services not furnished by the Department.

Sec. 208 Modification of pilot program on counseling in retreat settings for women veterans newly separated from service in the Armed Forces

(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”.
(b)
Permanent program— Such section is amended—
(1)
by striking subsections (d) and (e); and
(2)
by redesignating subsections (f) as subsection (d).
(c)
Authorization of appropriations— Subsection (d) of such section, as redesignated by subsection (b)(2), is amended by striking “Secretary of Veterans Affairs for each” and all that follows through the period at the end and inserting “Secretary of Veterans Affairs to carry out the pilot program—

“(1) for each of fiscal years 2010, 2011, 2015, 2016, 2017, 2018, 2019, $2,000,000; and

“(2) for each fiscal year after fiscal year 2019, such sums as may be necessary.”

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

(a)
Assistance for child care for certain veterans receiving health care—
(1)
In general— Subchapter I of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section:

“1709C. Assistance for child care for certain veterans receiving health care

“(a) Program required—The Secretary shall carry out a program to provide, subject to subsection (b), assistance to qualified veterans described in subsection (c) to obtain child care so that such veterans can receive health care services described in subsection (c)(2).

“(b) Limitation on period of payments—Assistance may be provided to a qualified veteran under this section for receipt of child care only during the period that the qualified veteran—

“(1) receives the types of health care services described in subsection (c)(2) at a facility of the Department; and

“(2) requires travel to and return from such facility for the receipt of such health care services.

“(c) Qualified veterans—For purposes of this section, a qualified veteran is a veteran who—

“(1) is the primary caretaker of a child or children; and

“(2)

“(A) receives from the Department—

“(i) regular mental health care services;

“(ii) intensive mental health care services; or

“(iii) such other intensive health care services that the Secretary determines that provision of assistance to the veteran to obtain child care would improve access to such health care services by the veteran; or

“(B) is in need of regular or intensive mental health care services from the Department, and but for lack of child care services, would receive such health care services from the Department.

“(d) Locations—Not later than five years after the date of the enactment of the Women Veterans and Families Health Services Act of 2019, the Secretary shall carry out the program at each medical center of the Department.

“(e) Forms of child care assistance

“(1) Child care assistance under this section may include the following:

“(A) Stipends for the payment of child care offered by licensed child care centers (either directly or through a voucher program) that 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).

“(B) Direct provision of child care at an on-site facility of the Department.

“(C) Payments to private child care agencies.

“(D) Collaboration with facilities or programs of other Federal agencies.

“(E) Such other forms of assistance as the Secretary considers appropriate.

“(2) In providing child care assistance under this section, the child care needs of the local area shall be considered and the head of each medical center may select the type of care that is most appropriate or feasible for such medical center.

“(3) In the case that child care assistance under this section is provided as a stipend under paragraph (1)(A), such stipend shall cover the full cost of such child care.”

(2)
Conforming amendment— Section 205(e) of the Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law 111–163; 38 U.S.C. 1710 note) is amended by striking “September 30, 2020” and inserting “the date of the enactment of the Women Veterans and Families Health Services Act of 2019”.
(3)
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 1709B the following new item:
(b)
Assistance for child care for certain veterans receiving readjustment counseling and related mental health services—
(1)
In general— Subchapter I of chapter 17 of such title, as amended by subsection (a)(1), is further amended by adding at the end the following new section:

“1709D. Assistance for child care for certain veterans receiving readjustment counseling and related mental health services

“(a) Program required—The Secretary shall carry out a program to provide, subject to subsection (b), assistance to qualified veterans described in subsection (c) to obtain child care so that such veterans can receive readjustment counseling and related mental health services.

“(b) Limitation on period of payments—Assistance may be provided to a qualified veteran under this section for receipt of child care only during the period that the qualified veteran receives readjustment counseling and related health care services at a Vet Center.

“(c) Qualified veterans—For purposes of this section, a qualified veteran is a veteran who—

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

“(2)

“(A) receives from the Department regular readjustment counseling and related mental health services; or

“(B) is 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.

“(d) Locations—The Secretary shall carry out the program under this section in not fewer than three Readjustment Counseling Service Regions selected by the Secretary for purposes of the program.

“(e) Forms of child care assistance

“(1) Child care assistance under this section may include the following:

“(A) Stipends for the payment of child care offered by licensed child care centers (either directly or through a voucher program) that 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).

“(B) Payments to private child care agencies.

“(C) Collaboration with facilities or programs of other Federal agencies.

“(D) Such other forms of assistance as the Secretary considers appropriate.

“(2) In providing child care assistance under this section, the child care needs of the local area shall be considered and the head of each Vet Center may select the type of care that is most appropriate or feasible for such Vet Center.

“(3) In the case that child care assistance under this subsection is provided as a stipend under paragraph (1)(A), such stipend shall cover the full cost of such child care.

“(f) 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 this title.”

(2)
Clerical amendment— The table of sections at the beginning of such chapter, as amended by subsection (a)(3), is further amended by inserting after the item relating to section 1709C the following new item: