I 
113TH CONGRESS 
1ST SESSION 
H. R. 958 
To amend title 38, United States Code, to improve the reproductive assistance 
provided by the Department of Veterans Affairs to severely wounded, 
ill, or injured veterans and their spouses, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 5, 2013 
Mr. LARSEN of Washington (for himself, Ms. BONAMICI, Mr. BRADY of Penn-
sylvania, Ms. BROWNLEY of California, Ms. CHU, Mr. CONYERS, Mrs. 
DAVIS of California, Ms. DELBENE, Ms. HANABUSA, Mr. HECK of Wash-
ington, Ms. MCCOLLUM, Mrs. NAPOLITANO, Ms. NORTON, Ms. SLAUGH-
TER, Mr. STIVERS, and Ms. WASSERMAN SCHULTZ) introduced the fol-
lowing bill; which was referred to the Committee on Veterans’ Affairs, 
and in addition to the Committees on the Budget and 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 amend title 38, United States Code, to improve the 
reproductive assistance provided by the Department of 
Veterans Affairs to severely wounded, ill, or injured vet-
erans and their spouses, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Women Veterans and 
Other Health Care Improvements Act of 2013’’. 
SEC. 2. CLARIFICATION THAT FERTILITY COUNSELING AND 
TREATMENT ARE MEDICAL SERVICES WHICH 
THE SECRETARY MAY FURNISH TO VET-
ERANS LIKE OTHER MEDICAL SERVICES. 
Section 1701(6) of title 38, United States Code, is 
amended by adding at the end the following new subpara-
graph: 
‘‘(H) Fertility counseling and treatment, includ-
ing treatment using assisted reproductive technology 
such as in vitro fertilization and other fertility treat-
ments in which both eggs and sperm are handled 
when clinically appropriate.’’. 
SEC. 3. REPRODUCTIVE TREATMENT AND CARE FOR 
SPOUSES AND SURROGATES OF 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: 
‘‘§ 1788. Reproductive treatment and care for spouses 
and surrogates of veterans 
‘‘(a) IN GENERAL.—The Secretary shall furnish fer-
tility counseling and treatment, including through the use 
of assisted reproductive technology, to a spouse or surro-
gate of a severely wounded, ill, or injured veteran who has 
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an infertility condition incurred or aggravated in line of 
duty in the active military, naval, or air service and who 
is enrolled in the system of annual patient enrollment es-
tablished under section 1705(a) of this title if the spouse 
or surrogate and the veteran apply jointly for such coun-
seling and treatment through a process prescribed by the 
Secretary. 
‘‘(b) COORDINATION OF CARE FOR OTHER SPOUSES 
AND SURROGATES.—In the case of a spouse or surrogate 
of a veteran not described in subsection (a) who is seeking 
fertility counseling and treatment, the Secretary may co-
ordinate fertility counseling and treatment for such spouse 
or surrogate. 
‘‘(c) CONSTRUCTION.—Nothing in this section shall 
be construed to require the Secretary— 
‘‘(1) to find or certify a surrogate for a veteran 
or to connect a surrogate with a veteran; or 
‘‘(2) to furnish maternity care to a spouse or 
surrogate of a veteran. 
‘‘(d) ASSISTED REPRODUCTIVE TECHNOLOGY DE-
FINED.—In this section, the term ‘assisted reproductive 
technology’ includes in vitro fertilization and other fertility 
treatments in which both eggs and sperm are handled 
when clinically appropriate.’’. 
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(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 1787 the 
following new item: 
‘‘1788. Reproductive treatment and care for spouses and surrogates of vet-
erans.’’. 
SEC. 4. ADOPTION ASSISTANCE FOR SEVERELY WOUNDED 
VETERANS. 
(a) IN GENERAL.—Subchapter VIII of chapter 17 of 
title 38, United States Code, as amended by section 3, 
is further 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) COVERED VETERAN.—For purposes of this sec-
tion, a covered veteran is any severely wounded, ill, or in-
jured veteran who— 
‘‘(1) has an infertility condition incurred or ag-
gravated in line of duty in the active military, naval, 
or air service; and 
‘‘(2) is enrolled in the system of annual patient 
enrollment established under section 1705(a) of this 
title. 
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‘‘(c) LIMITATION AMOUNT.—For purposes of this 
section, the limitation amount is the amount equal to the 
lesser of— 
‘‘(1) the cost the Department would incur if the 
Secretary were to provide a covered veteran with one 
cycle of in vitro fertilization, as determined by the 
Secretary; and 
‘‘(2) the cost the Department would incur by 
paying the expenses of three adoptions by covered 
veterans, as determined by the Secretary.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 17 of such title, as amended 
by section 3, is further amended by inserting after the 
item relating to section 1788 the following new item: 
‘‘1789. Adoption assistance.’’. 
SEC. 5. ANNUAL REPORT ON PROVISION OF FERTILITY 
COUNSELING AND TREATMENT 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 once each year 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 
counseling and treatment furnished by the Department of 
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‘‘(B) the amount which is equal to the total 
value of the contract multiplied by the applicable 
percentage for such fiscal year. 
‘‘(2) The applicable percentage for a fiscal year shall 
be equal to the percentage by which— 
‘‘(A) the annual estimate of the total value of 
contracts for such fiscal year, exceeds 
‘‘(B) the annual estimate of the total cost of 
fertility counseling and treatment for such fiscal 
year. 
‘‘(3) Before each fiscal year, the Secretary shall es-
tablish, for purposes of this section, the annual estimate 
of the total value of contracts for the next fiscal year, 
which shall be the Secretary’s estimate of what the aggre-
gate value will be of all contracts in which the Secretary 
will engage in the next fiscal year. 
‘‘(4) Before each fiscal year, the Secretary shall es-
tablish, for purposes of this section, the annual estimate 
of the total cost of fertility counseling and treatment for 
the next fiscal year, which shall be the Secretary’s esti-
mate of what the total cost to the Department will be in 
the next fiscal year of— 
‘‘(A) furnishing fertility counseling and treat-
ment, including through the use of assisted repro-
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