I 

118TH CONGRESS 

1ST SESSION H. R. 544 

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 

JANUARY 26, 2023 

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 2023’’. 

6 SEC. 2. INFERTILITY TREATMENTS FOR VETERANS. 

7 (a) AUTHORITY.—Chapter 17 of title 38, United 

8 States Code, is amended by inserting after section 1720J 


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1 the following new section (and conforming the table of sec2 tions at the beginning of such chapter accordingly): 

3 ‘‘§ 1720K. Infertility treatment and standard fertility 

4 preservation services 

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

6 medical services under this chapter, at the election of a 

7 covered individual and subject to paragraph (4), the Sec8 retary shall furnish to the covered individual infertility 

9 treatments (including through the use of assisted repro10 ductive technology), standard fertility preservation serv11 ices, or both. 

12 ‘‘(2) In the case of in vitro fertilization treatment fur13 nished under paragraph (1), the Secretary may furnish 

14 to a covered individual under such paragraph not more 

15 than three completed in vitro fertilization cycles that re16 sult in live birth or 10 attempted in vitro fertilization cy17 cles, whichever occurs first. 

18 ‘‘(3) The Secretary may furnish in vitro fertilization 

19 treatment under paragraph (1) using donated gametes or 

20 embryos. 

21 ‘‘(4) The Secretary may not furnish to a covered indi22 vidual an in vitro fertilization cycle or other treatment or 

23 service under paragraph (1) unless the Secretary receives 

24 consent for such cycle, treatment, or service from each of 

25 the following: 


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1 ‘‘(A) The covered individual. 

2 ‘‘(B) If the covered individual is a partner of a 

3 covered veteran, the covered veteran. 

4 ‘‘(C) If applicable, the third-party donor. 

5 ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec6 tion shall be construed to require the Secretary to furnish 

7 maternity care to a covered individual, in addition to what 

8 is otherwise required by section 1786 of this title or other 

9 provisions of law. 

10 ‘‘(c) RELATIONSHIP TO STATE LAW.—The legal sta11 tus, custody, future use, donation, disposition, or destruc12 tion, of gametes or embryos relating to treatment or serv13 ices furnished under this section shall be determined in 

14 accordance with the law of the State in which the gametes 

15 or embryos are located. 

16 ‘‘(d) PAYMENTS FOR BENEFICIARY TRAVEL FOR

17 PARTNERS.—For purposes of paying travel expenses 

18 under section 111 of this title for treatment or services 

19 furnished under this section to a partner of a covered vet20 eran, the Secretary shall deem the partner to be a veteran 

21 receiving treatment or care under this chapter. 

22 ‘‘(e) DEFINITIONS.—In this section: 

23 ‘‘(1) The term ‘assisted reproductive tech24 nology’ includes in vitro fertilization and other infer25 tility treatments. 


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1 ‘‘(2) The term ‘covered individual’ means a cov2 ered veteran or a partner of a covered veteran. 

3 ‘‘(3) The term ‘covered veteran’ means a vet4 eran who is enrolled in the system of annual patient 

5 enrollment established under section 1705(a) of this 

6 title and— 

7 ‘‘(A) has infertility; or 

8 ‘‘(B) is at risk of having infertility, as de9 termined by a licensed physician based on— 

10 ‘‘(i) the medical, sexual, and repro11 ductive history, age, physical findings, or 

12 diagnostic testing, or a combination there13 of, of the veteran; or 

14 ‘‘(ii) any planned medication therapy, 

15 surgery, radiation, chemotherapy, or other 

16 medical treatment. 

17 ‘‘(4) The term ‘infertility’ means a disease, con18 dition, or status characterized by— 

19 ‘‘(A) the inability of a person to reproduce 

20 either as an individual or with the partner of 

21 the individual; or 

22 ‘‘(B) the failure to conceive a pregnancy or 

23 to carry a pregnancy to live birth after one year 

24 of regular, unprotected sexual intercourse. 


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1 ‘‘(5) The term ‘partner’, with respect to a vet2 eran, means an individual selected by the veteran 

3 who agrees to share with the veteran the parental 

4 responsibilities with respect to any child born as a 

5 result of the use of any infertility treatment under 

6 this section. 

7 ‘‘(6) The term ‘standard fertility preservation 

8 service’ includes the procurement, cryopreservation, 

9 and storage of gametes and embryos.’’. 

10 (b) APPLICABILITY; REGULATIONS.— 

11 (1) APPLICABILITY.—Except as provided by 

12 paragraph (3)(A), section 1720K of title 38, United 

13 States Code, as added by subsection (a), shall apply 

14 with respect to infertility treatment and standard 

15 fertility preservation services furnished by the Sec16 retary of Veterans Affairs beginning on the date on 

17 which the Secretary prescribes regulations under 

18 paragraph (2). 

19 (2) REGULATIONS.—Not later than one year 

20 after the date of the enactment of this Act, the Sec21 retary shall prescribe regulations to carry out section 

22 1720K of title 38, United States Code, as added by 

23 subsection (a). 

24 (3) INTERIM POLICIES.— 


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1 (A) CONTINUITY OF SERVICES.—Except as 

2 provided by subparagraph (B), an individual 

3 who on the day before the date on which the 

4 Secretary prescribes regulations under para5 graph (2) is receiving counseling and treatment 

6 furnished by the Secretary pursuant to existing 

7 infertility authority may elect to— 

8 (i) continue receiving such counseling 

9 and services pursuant to the existing infer10 tility authority, subject to the limitations 

11 of that authority; or 

12 (ii) begin receiving such counseling 

13 and services pursuant to section 1720K of 

14 title 38, United States Code, as added by 

15 subsection (a), subject to the limitations of 

16 that section that shall be applied in a man17 ner that recognizes such counseling and 

18 services previously furnished under the ex19 isting infertility authority. 

20 (B) EXPANSION OF SERVICES.—During 

21 the period beginning 180 days after the date of 

22 the enactment of this Act and ending on the 

23 date on which the Secretary prescribes regula24 tions under paragraph (2), the Secretary shall 

25 ensure that counseling and treatment furnished 


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1 pursuant to existing infertility authority include 

2 the following elements: 

3 (i) The Secretary may furnish such 

4 counseling and treatment to the partner of 

5 a veteran covered by such provision with6 out regard to whether the partner and vet7 eran are married. 

8 (ii) The Secretary may furnish such 

9 counseling and treatment using donated 

10 gametes or embryos. 

11 (4) DEFINITIONS.—In this subsection: 

12 (A) The term ‘‘existing infertility author13 ity’’ means section 234(a)(1) of the Military 

14 Construction, Veterans Affairs, and Related 

15 Agencies Appropriations Act, 2022 (division J 

16 of Public Law 117–103; 136 Stat. 556), or 

17 other provisions of law administered by the Sec18 retary of Veterans Affairs enacted before the 

19 date of the enactment of this Act that provide 

20 authority to the Secretary to furnish fertility 

21 counseling and treatment. 

22 (B) The term ‘‘partner’’ has the meaning 

23 given that term in section 1720K of title 38, 

24 United States Code, as added by subsection (a). 

Æ 


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