I 

117TH CONGRESS 

1ST SESSION H. R. 2734 

To improve the reproductive assistance provided by the Department of Defense and the Department of Veterans Affairs to certain members of 

the Armed Forces, veterans, and their spouses or partners, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 21, 2021 

Mr. LARSEN of Washington (for himself, Mr. CONNOLLY, Ms. NORTON, Mr. 

RUSH, Mr. MCGOVERN, Ms. HOULAHAN, Mrs. HAYES, Ms. CHU, Ms. 

OMAR, Mrs. DINGELL, Mr. KRISHNAMOORTHI, Ms. TITUS, and Mr. 

MOULTON) introduced the following bill; which was referred to the Committee on Veterans’ Affairs, and in addition to the Committee on Armed 

Services, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To improve the reproductive assistance provided by the Department of Defense and the Department of Veterans 

Affairs to certain members of the Armed Forces, veterans, and their spouses or partners, 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 ‘‘Veteran Families Health Services Act of 2021’’. 

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

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—REPRODUCTIVE AND FERTILITY PRESERVATION 

ASSISTANCE FOR MEMBERS OF THE ARMED FORCES 

Sec. 101. Definitions. 

Sec. 102. Provision of fertility treatment and counseling to certain members of 

the Armed Forces and spouses, partners, and gestational surrogates of such members. 

Sec. 103. Establishment of fertility preservation procedures after an injury or 

illness. 

Sec. 104. Cryopreservation and storage of gametes of members of the Armed 

Forces on active duty. 

Sec. 105. Assistance with and continuity of care regarding reproductive and 

fertility preservation services. 

Sec. 106. Coordination between Department of Defense and Department of 

Veterans Affairs on furnishing of fertility treatment and counseling. 

TITLE II—REPRODUCTIVE AND ADOPTION ASSISTANCE FOR 

VETERANS 

Sec. 201. Inclusion of fertility treatment and counseling under the definition of 

medical services in title 38. 

Sec. 202. Fertility treatment and counseling for certain veterans and spouses, 

partners, and gestational surrogates of such veterans. 

Sec. 203. Adoption assistance for certain veterans. 

Sec. 204. Assistance with and continuity of care regarding reproductive and 

fertility preservation services. 

Sec. 205. Facilitation of reproduction and infertility research. 

Sec. 206. Annual report on fertility treatment and counseling furnished by Department of Veterans Affairs. 

Sec. 207. Report on timeliness and adequacy of access by veterans to fertility 

treatment and counseling services furnished by Department of 

Veterans Affairs. 

Sec. 208. Regulations on furnishing of fertility treatment and counseling and 

adoption assistance by Department of Veterans Affairs. 


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1 TITLE I—REPRODUCTIVE AND 

2 FERTILITY PRESERVATION 

3 ASSISTANCE FOR MEMBERS 

4 OF THE ARMED FORCES 

5 SEC. 101. DEFINITIONS. 

6 In this title: 

7 (1) The term ‘‘active duty’’ has the meaning 

8 given that term in section 101(d)(1) of title 10, 

9 United States Code. 

10 (2) The term ‘‘Armed Forces’’ has the meaning 

11 given the term ‘‘armed forces’’ in section 101(a)(4) 

12 of such title. 

13 SEC. 102. PROVISION OF FERTILITY TREATMENT AND 

14 COUNSELING TO CERTAIN MEMBERS OF THE 

15 ARMED FORCES AND SPOUSES, PARTNERS, 

16 AND GESTATIONAL SURROGATES OF SUCH 

17 MEMBERS. 

18 (a) FERTILITY TREATMENT AND COUNSELING.— 

19 (1) IN GENERAL.—The Secretary of Defense 

20 shall furnish fertility treatment and counseling, in21 cluding through the use of assisted reproductive 

22 technology, to a covered member of the Armed 

23 Forces or a spouse, partner, or gestational surrogate 

24 of such a member. 


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1 (2) ELIGIBILITY FOR TREATMENT AND COUN2 SELING.—Fertility treatment and counseling shall be 

3 furnished under paragraph (1) without regard to the 

4 sex, gender identity, sexual orientation, or marital 

5 status of the covered member of the Armed Forces. 

6 (3) IN VITRO FERTILIZATION.—In the case of 

7 in vitro fertilization treatment furnished under para8 graph (1), the Secretary may furnish not more than 

9 three completed cycles or six attempted cycles of in 

10 vitro fertilization, whichever occurs first, to an indi11 vidual under such paragraph. 

12 (b) PROCUREMENT OF GAMETES.—If a covered 

13 member of the Armed Forces is unable to provide their 

14 gametes for purposes of fertility treatment under sub15 section (a), the Secretary shall, at the election of such 

16 member, allow such member to receive such treatment 

17 with donated gametes and pay or reimburse such member 

18 the reasonable costs of procuring gametes from a donor. 

19 (c) RULE OF CONSTRUCTION.—Nothing in this sec20 tion shall be construed to require the Secretary— 

21 (1) to find or certify a gestational surrogate for 

22 a covered member of the Armed Forces or to con23 nect a gestational surrogate with such a member; or 


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1 (2) to find or certify gametes from a donor for 

2 a covered member of the Armed Forces or to con3 nect such a member with gametes from a donor. 

4 (d) 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 member of the Armed 

10 Forces’’ means a member of the Armed Forces who 

11 has an infertility condition, unless the Secretary can 

12 show that the member was completely infertile be13 fore service on active duty in the Armed Forces. 

14 (3) The term ‘‘fertility treatment’’ includes the 

15 following: 

16 (A) Procedures that use assisted reproduc17 tive technology. 

18 (B) Sperm retrieval. 

19 (C) Egg retrieval. 

20 (D) Artificial insemination. 

21 (E) Embryo transfer. 

22 (F) Such other treatments as the Sec23 retary of Defense considers appropriate. 

24 (4) The term ‘‘infertility condition’’ includes— 

25 (A) a diagnosis of infertility; or 


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1 (B) the inability to conceive or safely carry 

2 a pregnancy to term, including as a result of 

3 treatment for another condition. 

4 (5) The term ‘‘partner’’, with respect to a mem5 ber of the Armed Forces, means an individual se6 lected by the member who agrees to share with the 

7 member the parental responsibilities with respect to 

8 any child born as a result of the use of any fertility 

9 treatment under this section. 

10 SEC. 103. ESTABLISHMENT OF FERTILITY PRESERVATION 

11 PROCEDURES AFTER AN INJURY OR ILLNESS. 

12 (a) IN GENERAL.—The Secretary of Defense, acting 

13 through the Assistant Secretary of Defense for Health Af14 fairs, shall establish procedures for the retrieval of 

15 gametes, as soon as medically appropriate, from a member 

16 of the Armed Forces in cases in which the fertility of such 

17 member is potentially jeopardized as a result of an injury 

18 or illness incurred or aggravated while serving on active 

19 duty in the Armed Forces in order to preserve the medical 

20 options of such member. 

21 (b) CONSENT FOR RETRIEVAL OF GAMETES.— 

22 Gametes may be retrieved from a member of the Armed 

23 Forces under subsection (a) only— 

24 (1) with the specific consent of the member; or 


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1 (2) if the member is unable to consent, if a 

2 medical professional determines that— 

3 (A) the future fertility of the member is 

4 potentially jeopardized as a result of an injury 

5 or illness described in subsection (a) or will be 

6 potentially jeopardized as a result of treating 

7 such injury or illness; 

8 (B) the member lacks the capacity to con9 sent to the retrieval of gametes and is likely to 

10 regain such capacity; and 

11 (C) the retrieval of gametes under this sec12 tion is in the medical interest of the member. 

13 (c) CONSENT FOR USE OF RETRIEVED GAMETES.— 

14 Gametes retrieved from a member of the Armed Forces 

15 under subsection (a) may be used only— 

16 (1) with the specific consent of the member; or 

17 (2) if the member has lost the ability to consent 

18 permanently, as determined by a medical profes19 sional, as specified in an advance directive or testa20 mentary instrument executed by the member. 

21 (d) DISPOSAL OF GAMETES.—In accordance with 

22 regulations prescribed by the Secretary for purpose of this 

23 subsection, the Secretary shall dispose of gametes re24 trieved from a member of the Armed Forces under sub25 section (a)— 


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1 (1) with the specific consent of the member; or 

2 (2) if the member— 

3 (A) has lost the ability to consent perma4 nently, as determined by a medical professional; 

5 and 

6 (B) has not specified the use of their 

7 gametes in an advance directive or testa8 mentary instrument executed by the member. 

9 SEC. 104. CRYOPRESERVATION AND STORAGE OF GAMETES 

10 OF MEMBERS OF THE ARMED FORCES ON AC11 TIVE DUTY. 

12 (a) IN GENERAL.—The Secretary of Defense shall 

13 provide members of the Armed Forces on active duty in 

14 the Armed Forces with the opportunity to cryopreserve 

15 and store their gametes prior to— 

16 (1) deployment to a combat zone; or 

17 (2) a duty assignment that includes a haz18 ardous assignment, as determined by the Secretary. 

19 (b) PERIOD OF TIME.— 

20 (1) IN GENERAL.—The Secretary shall provide 

21 for the cryopreservation and storage of gametes of 

22 any member of the Armed Forces under subsection 

23 (a) in a facility of the Department of Defense or of 

24 a private entity and the transportation of such 

25 gametes, at no cost to the member, until the date 


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1 that is one year after the retirement, separation, or 

2 release of the member from the Armed Forces. 

3 (2) CONTINUED CRYOPRESERVATION AND

4 STORAGE.—At the end of the one-year period speci5 fied in paragraph (1), the Secretary shall permit an 

6 individual whose gametes were cryopreserved and 

7 stored in a facility of the Department as described 

8 in that paragraph to select, including pursuant to an 

9 advance medical directive or military testamentary 

10 instrument completed under subsection (c), one of 

11 the following options: 

12 (A) To continue such cryopreservation and 

13 storage in such facility with the cost of such 

14 cryopreservation and storage borne by the indi15 vidual. 

16 (B) To transfer the gametes to a private 

17 cryopreservation and storage facility selected by 

18 the individual. 

19 (C) To transfer the gametes to a facility of 

20 the Department of Veterans Affairs if 

21 cryopreservation and storage is available to the 

22 individual at such facility. 

23 (3) DISPOSAL OF GAMETES.—If an individual 

24 described in paragraph (2) does not make a selection 

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1 graph, the Secretary may dispose of the gametes of 

2 the individual not earlier than the date that is 90 

3 days after the end of the one-year period specified 

4 in paragraph (1) with respect to the individual. 

5 (c) ADVANCE MEDICAL DIRECTIVE AND MILITARY

6 TESTAMENTARY INSTRUMENT.—A member of the Armed 

7 Forces who elects to cryopreserve and store their gametes 

8 under this section must complete an advance medical di9 rective, as defined in section 1044c(b) of title 10, United 

10 States Code, and a military testamentary instrument, as 

11 defined in section 1044d(b) of such title, that explicitly 

12 specifies the use of their cryopreserved and stored gametes 

13 if such member dies or otherwise loses the capacity to con14 sent to the use of their cryopreserved and stored gametes. 

15 (d) AGREEMENTS.—To carry out this section, the 

16 Secretary may enter into agreements with private entities 

17 that provide cryopreservation, transportation, and storage 

18 services for gametes. 

19 SEC. 105. ASSISTANCE WITH AND CONTINUITY OF CARE RE20 GARDING REPRODUCTIVE AND FERTILITY 

21 PRESERVATION SERVICES. 

22 The Secretary of Defense shall ensure that employees 

23 of the Department of Defense assist members of the 

24 Armed Forces— 


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1 (1) in navigating the services provided under 

2 this title; 

3 (2) in finding a provider that meets the needs 

4 of such members with respect to such services; and 

5 (3) in continuing the receipt of such services 

6 without interruption during a permanent change of 

7 station for such members. 

8 SEC. 106. COORDINATION BETWEEN DEPARTMENT OF DE9 FENSE AND DEPARTMENT OF VETERANS AF10 FAIRS ON FURNISHING OF FERTILITY TREAT11 MENT AND COUNSELING. 

12 (a) IN GENERAL.—The Secretary of Defense and the 

13 Secretary of Veterans Affairs shall share best practices 

14 and facilitate referrals, as they consider appropriate, on 

15 the furnishing of fertility treatment and counseling to in16 dividuals eligible for the receipt of such counseling and 

17 treatment from the Secretaries. 

18 (b) MEMORANDUM OF UNDERSTANDING.—The Sec19 retary of Defense and the Secretary of Veterans Affairs 

20 shall enter into a memorandum of understanding— 

21 (1) providing that the Secretary of Defense will 

22 ensure access by the Secretary of Veterans Affairs 

23 to gametes of veterans stored by the Department of 

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1 ment under section 1720K of title 38, United States 

2 Code, as added by section 202(a); and 

3 (2) authorizing the Department of Veterans Af4 fairs to compensate the Department of Defense for 

5 the cryopreservation, transportation, and storage of 

6 gametes of veterans under section 104. 

7 TITLE II—REPRODUCTIVE AND 

8 ADOPTION ASSISTANCE FOR 

9 VETERANS 

10 SEC. 201. INCLUSION OF FERTILITY TREATMENT AND 

11 COUNSELING UNDER THE DEFINITION OF 

12 MEDICAL SERVICES IN TITLE 38. 

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

14 amended by adding at the end the following new subpara15 graph: 

16 ‘‘(I) Fertility treatment and counseling, in17 cluding treatment using assisted reproductive 

18 technology.’’. 

19 SEC. 202. FERTILITY TREATMENT AND COUNSELING FOR 

20 CERTAIN VETERANS AND SPOUSES, PART21 NERS, AND GESTATIONAL SURROGATES OF 

22 SUCH VETERANS. 

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

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

25 end the following new section: 


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1 ‘‘§ 1720K. Fertility treatment and counseling for cer2 tain veterans and spouses, partners, and 

3 gestational surrogates of such veterans 

4 ‘‘(a) IN GENERAL.—(1) The Secretary shall furnish 

5 fertility treatment and counseling, including through the 

6 use of assisted reproductive technology, to a covered vet7 eran or a spouse, partner, or gestational surrogate of a 

8 covered veteran if the veteran, and the spouse, partner, 

9 or gestational surrogate of the veteran, as applicable, 

10 apply jointly for such treatment and counseling through 

11 a process prescribed by the Secretary. 

12 ‘‘(2) Fertility treatment and counseling shall be fur13 nished under paragraph (1) without regard to the sex, 

14 gender identity, sexual orientation, or marital status of the 

15 covered veteran. 

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

18 not more than three completed cycles or six attempted cy19 cles of in vitro fertilization, whichever occurs first, to an 

20 individual under such paragraph. 

21 ‘‘(b) PROCUREMENT OF GAMETES.—If a covered vet22 eran is unable to provide their gametes for purposes of 

23 fertility treatment under subsection (a), the Secretary 

24 shall, at the election of such member, allow such veteran 

25 to receive such treatment with donated gametes and pay 


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1 or reimburse such veteran the reasonable costs of pro2 curing gametes from a donor. 

3 ‘‘(c) COORDINATION OF CARE FOR OTHER INDIVID4 UALS.—In the case of a veteran or a spouse, partner, or 

5 gestational surrogate of a veteran not described in sub6 section (a) who is seeking fertility treatment and coun7 seling, the Secretary may coordinate fertility treatment 

8 and counseling for such veteran, spouse, partner, or gesta9 tional surrogate. 

10 ‘‘(d) OUTREACH AND TRAINING.—The Secretary 

11 shall carry out an outreach and training program to en12 sure veterans and health care providers of the Department 

13 are aware of— 

14 ‘‘(1) the availability of and eligibility require15 ments for fertility treatment and counseling under 

16 this section; and 

17 ‘‘(2) any changes to fertility treatment and 

18 counseling covered under this section. 

19 ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec20 tion shall be construed to require the Secretary— 

21 ‘‘(1) to find or certify a gestational surrogate 

22 for a covered veteran or to connect a gestational sur23 rogate with a covered veteran; or 

24 ‘‘(2) to furnish maternity care to a covered vet25 eran or spouse, partner, or gestational surrogate of 


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1 a covered veteran in addition to what is otherwise 

2 required by law. 

3 ‘‘(f) DEFINITIONS.—In this section: 

4 ‘‘(1) The term ‘assisted reproductive tech5 nology’ includes in vitro fertilization and other fer6 tility treatments in which both eggs and sperm are 

7 handled when clinically appropriate. 

8 ‘‘(2) The term ‘covered veteran’ means a vet9 eran who— 

10 ‘‘(A) has an infertility condition, unless the 

11 Secretary can show that the veteran was com12 pletely infertile before service in the active mili13 tary, naval, or air service; and 

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

15 patient enrollment established under section 

16 1705(a) of this title. 

17 ‘‘(3) The term ‘fertility treatment’ includes the 

18 following: 

19 ‘‘(A) Procedures that use assisted repro20 ductive technology. 

21 ‘‘(B) Sperm retrieval. 

22 ‘‘(C) Egg retrieval. 

23 ‘‘(D) Artificial insemination. 

24 ‘‘(E) Embryo transfer. 


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1 ‘‘(F) Such other treatments as the Sec2 retary considers appropriate. 

3 ‘‘(4) The term ‘infertility condition’ includes— 

4 ‘‘(A) a diagnosis of infertility; or 

5 ‘‘(B) the inability to conceive or safely 

6 carry a pregnancy to term, including as a result 

7 of treatment for another condition. 

8 ‘‘(5) The term ‘partner’, with respect to a vet9 eran, means an individual selected by the veteran 

10 who agrees to share with the veteran the parental 

11 responsibilities with respect to any child born as a 

12 result of the use of any fertility treatment under this 

13 section.’’. 

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

15 at the beginning of subchapter II of chapter 17 of such 

16 title is amended by inserting after the item relating to sec17 tion 1720J the following new item: 

‘‘1720K. Fertility treatment and counseling for certain veterans and spouses, 

partners, and gestational surrogates of such veterans.’’. 

18 SEC. 203. ADOPTION ASSISTANCE FOR CERTAIN VETERANS. 

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

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

21 end the following new 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 


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1 covered veteran in the adoption of one or more children, 

2 without regard to the sex, gender identity, sexual orienta3 tion, or marital status of the covered veteran. 

4 ‘‘(b) LIMITATION AMOUNT.—For purposes of this 

5 section, the limitation amount is the amount equal to the 

6 cost the Department would incur by paying the expenses 

7 of three adoptions by covered veterans, as determined by 

8 the Secretary. 

9 ‘‘(c) COVERED VETERAN DEFINED.—In this section, 

10 the term ‘covered veteran’ has the meaning given that 

11 term in section 1720K(f) of this title.’’. 

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

13 at the beginning of subchapter VIII of chapter 17 of such 

14 title is amended by inserting after the item relating to sec15 tion 1788 the following new item: 

‘‘1789. Adoption assistance.’’. 

16 SEC. 204. ASSISTANCE WITH AND CONTINUITY OF CARE RE17 GARDING REPRODUCTIVE AND FERTILITY 

18 PRESERVATION SERVICES. 

19 The Secretary of Veterans Affairs shall ensure that 

20 employees of the Department of Veterans Affairs assist 

21 veterans— 

22 (1) in navigating the services provided under 

23 this title and the amendments made by this title; 

24 (2) in finding a provider that meets the needs 

25 of such veterans with respect to such services; and 


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1 (3) in continuing the receipt of such services 

2 without interruption if such veterans move to a dif3 ferent geographic location. 

4 SEC. 205. FACILITATION OF REPRODUCTION AND INFER5 TILITY RESEARCH. 

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

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

8 end the following new section: 

9 ‘‘§ 7330D. Facilitation of reproduction and infertility 

10 research 

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

12 Secretary shall facilitate research conducted collabo13 ratively by the Secretary of Defense and the Secretary of 

14 Health and Human Services to improve the ability of the 

15 Department of Veterans Affairs to meet the long-term re16 productive health care needs of veterans who have a geni17 tourinary service-connected disability or a condition that 

18 was incurred or aggravated in line of duty in the active 

19 military, naval, or air service, such as a spinal cord injury, 

20 military sexual trauma, or a mental health condition, that 

21 affects the ability of the veteran to reproduce. 

22 ‘‘(b) DISSEMINATION OF INFORMATION.—The Sec23 retary shall ensure that information produced by the re24 search facilitated under this section that may be useful 

25 for other activities of the Veterans Health Administration 


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1 is disseminated throughout the Veterans Health Adminis2 tration.’’. 

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

4 at the beginning of subchapter II of chapter 73 of such 

5 title is amended by inserting after the item relating to sec6 tion 7330C the following new item: 

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

7 (c) REPORT.— 

8 (1) IN GENERAL.—Not later than three years 

9 after the date of the enactment of this Act, the Sec10 retary of Veterans Affairs shall submit to Congress 

11 a report on the research activities conducted by the 

12 Secretary under section 7330D of title 38, United 

13 States Code, as added by subsection (a). 

14 (2) ELEMENTS.—The report submitted under 

15 paragraph (1) shall include demographic data on 

16 veterans included in the research conducted under 

17 section 7330D of title 38, United States Code, as 

18 added by subsection (a), disaggregated by age, race, 

19 ethnicity, sex, gender identity, sexual orientation, 

20 marital status, type of disability (if applicable), and 

21 geographic location of such veterans. 


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1 SEC. 206. ANNUAL REPORT ON FERTILITY TREATMENT AND 

2 COUNSELING FURNISHED BY DEPARTMENT 

3 OF VETERANS AFFAIRS. 

4 (a) IN GENERAL.—Not later than one year after the 

5 date of the enactment of this Act, and not less frequently 

6 than annually thereafter, the Secretary of Veterans Af7 fairs shall submit to the Committee on Veterans’ Affairs 

8 of the Senate and the Committee on Veterans’ Affairs of 

9 the House of Representatives a report on the fertility 

10 treatment and counseling furnished by the Department of 

11 Veterans Affairs, including through non-Department pro12 viders, during the year preceding the submission of the 

13 report. 

14 (b) ELEMENTS.—Each report submitted under sub15 section (a) shall include, for the period covered by the re16 port, the following: 

17 (1) The number of veterans who were diagnosed 

18 with clinical infertility, disaggregated by age, race, 

19 ethnicity, sex, gender identity, sexual orientation, 

20 marital status, type of disability (if applicable), geo21 graphic location, era of military service, and, to the 

22 extent possible to determine, the cause of infertility 

23 of such veterans. 

24 (2) The number of veterans who received fer25 tility treatment or counseling furnished by the De26 partment of Veterans Affairs, including through 


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1 non-Department providers, disaggregated by age, 

2 race, ethnicity, sex, gender identity, sexual orienta3 tion, marital status, type of disability (if applicable), 

4 geographic location, era of military service, and, to 

5 the extent possible to determine, the cause of infer6 tility of such veterans. 

7 (3) The number of veterans who self-reported 

8 difficulty becoming pregnant or successfully carrying 

9 a pregnancy to term to a health care provider of the 

10 Department or a non-Department provider, disag11 gregated by age, race, ethnicity, sex, gender identity, 

12 sexual orientation, marital status, type of disability 

13 (if applicable), and geographic location of such vet14 erans. 

15 (4) The number of veterans who were exposed 

16 to hazardous chemical or biological agents during 

17 service in the Armed Forces who— 

18 (A) received a clinical diagnosis of infer19 tility; or 

20 (B) self-reported difficulty becoming preg21 nant or successfully carrying a pregnancy to 

22 term. 

23 (5) The number of spouses, partners, and ges24 tational surrogates of veterans who received fertility 


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1 treatment or counseling furnished by the Depart2 ment, including through non-Department providers. 

3 (6) The cost to the Department of furnishing 

4 fertility treatment and counseling, including through 

5 non-Department providers, disaggregated by cost of 

6 services and administration. 

7 (7) The average cost to the Department per re8 cipient of fertility treatment and counseling. 

9 (8) In cases in which the Department furnished 

10 fertility treatment through the use of assisted repro11 ductive technology, including through non-Depart12 ment providers, the average number of cycles per 

13 person furnished, disaggregated by type of treat14 ment. 

15 (9) A description of how fertility treatment and 

16 counseling services of the Department, including 

17 those services provided through non-Department 

18 providers, are coordinated with similar services of 

19 the Department of Defense, including the average 

20 wait time for veterans to transfer from the health 

21 system of the Department of Defense to the Vet22 erans Health Administration. 

23 (c) DEFINITIONS.—In this section, the terms ‘‘as24 sisted reproductive technology’’ and ‘‘partner’’ have the 


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1 meanings given those terms in section 1720K(f) of title 

2 38, United States Code, as added by section 202(a). 

3 SEC. 207. REPORT ON TIMELINESS AND ADEQUACY OF AC4 CESS BY VETERANS TO FERTILITY TREAT5 MENT AND COUNSELING SERVICES FUR6 NISHED BY DEPARTMENT OF VETERANS AF7 FAIRS. 

8 (a) IN GENERAL.—Not later than 180 days after the 

9 date of the enactment of this Act, and not less frequently 

10 than every 180 days thereafter, the Secretary of Veterans 

11 Affairs shall submit to Congress a report containing data 

12 on the timeliness and adequacy of access by veterans to 

13 fertility treatment and counseling services furnished by 

14 the Department of Veterans Affairs, including through 

15 non-Department providers. 

16 (b) ELEMENTS.—Each report submitted under sub17 section (a) shall include, for the period covered by the re18 port, the following: 

19 (1) The average number of days from when a 

20 veteran first seeks fertility treatment to when a re21 ferral for such treatment is made and the average 

22 number of days from when such referral is made to 

23 when an appointment for such treatment occurs, 

24 disaggregated by facility of the Department or non25 Department provider. 


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1 (2) The average number of days from when a 

2 veteran first seeks fertility counseling to when a re3 ferral for such counseling is made and the average 

4 number of days from when such referral is made to 

5 when an appointment for such counseling occurs, 

6 disaggregated by facility of the Department or non7 Department provider. 

8 (3) The number of available providers of the 

9 Department and non-Department providers for fer10 tility treatment and counseling in each State or ter11 ritory, disaggregated by facility. 

12 (4) The average number of days it takes for the 

13 Secretary to pay claims for fertility treatment and 

14 counseling services from non-Department providers 

15 under section 1703D of title 38, United States Code. 

16 SEC. 208. REGULATIONS ON FURNISHING OF FERTILITY 

17 TREATMENT AND COUNSELING AND ADOP18 TION ASSISTANCE BY DEPARTMENT OF VET19 ERANS AFFAIRS. 

20 Not later than 18 months after the date of the enact21 ment of this Act, the Secretary of Veterans Affairs shall 

22 prescribe regulations— 

23 (1) to carry out section 1720K of title 38, 

24 United States Code, as added by section 202(a); and 


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25 

•HR 2734 IH

1 (2) to carry out section 1789 of such title, as 

2 added by section 203(a). 

Æ 


kjohnson on DSK79L0C42PROD with BILLS