Section 260 of the Continuing
Appropriations and Military Construction, Veterans Affairs, and
Related Agencies Appropriations Act, 2017, and Zika Response and
Preparedness Act (Public Law 114-223) states that VA may use
appropriated funds available to VA for the Medical Services account
to provide fertility counseling and treatment using assisted
reproductive technology to a covered veteran or the spouse of a
covered veteran, or adoption reimbursement to a covered veteran.
“Covered veteran” means a veteran who has a service-connected
disability that results in the inability of the veteran to
procreate without the use of fertility treatment. The term
``adoption reimbursement'' is defined at P. Law 114-223 section
260(a)(4) to mean reimbursement for the adoption-related expenses
for an adoption that is finalized after the date of the enactment
of the Act under the same terms as apply under the adoption
reimbursement program of the Department of Defense, as authorized
in Department of Defense Instruction 1341.09, including the
reimbursement limits and requirements set forth in such
instruction. This law was enacted on September 29, 2016, and
funding for the program is authorized through September 30, 2018.
DoD Instruction 1341.09, “DoD Adoption Reimbursement Policy” (July
5, 2016) establishes policy, assigns responsibilities within DoD,
and provides procedures for the reimbursement of qualifying
adoption expenses incurred by members of the Military Services
(including document submission requirements) pursuant to 10 U.S.C.
1052. That statute was enacted in 1991 and establishes the
parameters of DoD’s adoption reimbursement program.
This data collection is
needed prior to the expiration of time periods established in 5 CFR
part 1320. Congress authorized VA to provide reimbursement of
qualifying adoption expenses incurred by covered Veterans. This is
a new benefit which has been funded only through FY18. VA would be
unable to provide this new benefit to covered Veterans to the
extent intended by Congress in absence of an emergency clearance
given the length of time associated with the approval of a normal
rulemaking-related information collection (proposed rule, public
comment, final rule publication with a delayed effective date).
Following the typical time periods established in 5 CFR Part 1320
would more likely than not result in VA being authorized to collect
information and administer this benefit for only a limited period
prior to expiration of our statutory authority. Therefore, VA has
elected to pursue interim final rulemaking and emergency clearance
under 5 CFR1320.13.
PL:
Pub.L. 114 - 223 260 Name of Law: Continuing Appropriations and
Military Construction, Veterans Affairs, and Related Agencies
Appropri
This is a new collection and
all burden hours are considered a program increase.
No
Yes
Yes
No
No
No
Uncollected
Joni Mixon 202 461-5658
joni.mixon@va.gov
No
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.