I 

117TH CONGRESS 

1ST SESSION H. R. 1957 

To amend title 38, United States Code, to direct the Secretary of Veterans 

Affairs to provide coverage for infertility treatment and standard fertility 

preservation services, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 17, 2021 

Ms. BROWNLEY introduced the following bill; which was referred to the 

Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to provide coverage for infertility treatment and standard fertility preservation services, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Veterans Infertility 

5 Treatment Act of 2021’’. 


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1 SEC. 2. INFERTILITY TREATMENTS FOR VETERANS. 

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

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

4 end the following new section: 

5 ‘‘§ 1720K. Infertility treatment and standard fertility 

6 preservation services 

7 ‘‘(a) TREATMENT AND SERVICES.—(1) In furnishing 

8 medical services under this chapter, the Secretary shall 

9 furnish infertility treatments (including through the use 

10 of assisted reproductive technology), standard fertility 

11 preservation services, or both, to a covered veteran or a 

12 partner of a covered veteran, if the veteran and the part13 ner of the veteran apply jointly for such treatments or 

14 services, or both, through a process prescribed by the Sec15 retary. 

16 ‘‘(2) In the case of in vitro fertilization treatment fur17 nished under paragraph (1), the Secretary may furnish 

18 not more than three completed cycles that result in live 

19 birth or six attempted cycles of in vitro fertilization, 

20 whichever occurs first, to an individual under such para21 graph. 

22 ‘‘(3) The Secretary may furnish in vitro ferilization 

23 treatment under paragraph (1) using donated gametes or 

24 embryos. 

25 ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec26 tion shall be construed to require the Secretary to furnish 


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1 maternity care to a covered veteran or partner of a covered 

2 veteran, in addition to what is otherwise required by sec3 tion 1786 of this title or other provisions of law. 

4 ‘‘(c) DEFINITIONS.—In this section: 

5 ‘‘(1) The term ‘assisted reproductive tech6 nology’ includes in vitro fertilization and other fer7 tility treatments in which both eggs and sperm are 

8 handled when clinically appropriate. 

9 ‘‘(2) The term ‘covered veteran’ means a vet10 eran who— 

11 ‘‘(A) has infertility; and 

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

13 patient enrollment established under section 

14 1705(a) of this title. 

15 ‘‘(3) The term ‘infertility’— 

16 ‘‘(A) means a disease or condition charac17 terized by— 

18 ‘‘(i) the failure to conceive a preg19 nancy or to carry a pregnancy to live birth 

20 after one year of regular, unprotected sex21 ual intercourse; or 

22 ‘‘(ii) the inability of a person to repro23 duce either as an individual or with the 

24 partner of the individual; and 


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1 ‘‘(B) includes instances in which a person 

2 is at risk of being described in clauses (i) or (ii) 

3 of subparagraph (A), as determined by a li4 censed physician based on— 

5 ‘‘(i) the medical, sexual, and repro6 ductive history, age, physical findings, or 

7 diagnostic testing, or a combination there8 of, of the person; or 

9 ‘‘(ii) any planned medication therapy, 

10 surgery, radiation, chemotherapy, or other 

11 medical treatment. 

12 ‘‘(4) The term ‘partner’, with respect to a vet13 eran, means an individual selected by the veteran 

14 who agrees to share with the veteran the parental 

15 responsibilities with respect to any child born as a 

16 result of the use of any infertility treatment under 

17 this section.’’. 

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

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

20 by inserting after the item relating to section 1720J the 

21 following new item: 

‘‘1720K. Infertility treatment and standard fertility preservation services.’’. 


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1 SEC. 3. REGULATIONS ON FURNISHING OF INFERTILITY 

2 TREATMENT BY DEPARTMENT OF VETERANS 

3 AFFAIRS. 

4 (a) REGULATIONS.—Not later than 18 months after 

5 the date of the enactment of this Act, the Secretary of 

6 Veterans Affairs shall prescribe regulations to carry out 

7 section 1720K of title 38, United States Code, as added 

8 by section 2. 

9 (b) INTERIM POLICIES.—During the period begin10 ning 180 days after the date of the enactment of this Act 

11 and the date on which the regulations are prescribed 

12 under subsection (a), the Secretary shall ensure that fer13 tility counseling and treatment furnished pursuant to sec14 tion 234(a)(1) of the Military Construction, Veterans Af15 fairs, and Related Agencies Appropriations Act, 2021 (di16 vision J of Public Law 116–260) or other provisions of 

17 law administered by the Secretary include the following 

18 elements: 

19 (1) The Secretary may furnish such counseling 

20 and treatment to the partner of a veteran covered by 

21 such provision without regard to whether the partner 

22 and veteran are married. 

23 (2) The Secretary may furnish such counseling 

24 and treatment using donated gametes or embryos. 

25 (c) PARTNER DEFINED.—In this section, the term 

26 ‘‘partner’’ has the meaning given that term in section 


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1 1720K of title 38, United States Code, as added by section 

2 2. 

Æ 


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