I 
116TH CONGRESS 
2D SESSION 
H. R. 8034 
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 
AUGUST 14, 2020 
Ms. BROWNLEY of California 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 Sec-
retary of Veterans Affairs to provide coverage for infer-
tility treatment and standard fertility preservation serv-
ices, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Veterans Infertility 
Treatment Act of 2020’’. 
VerDate Sep 11 2014 
00:23 Sep 02, 2020
Jkt 099200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H8034.IH
H8034
pbinns on DSKJLVW7X2PROD with BILLS
SEC. 2. INFERTILITY TREATMENTS FOR VETERANS. 
(a) IN GENERAL.—Subchapter II of chapter 17 of 
title 38, United States Code, is amended by adding at the 
end the following new section: 
‘‘§ 1720J. Infertility treatment and standard fertility 
preservation services 
‘‘(a) TREATMENT AND SERVICES.—(1) In furnishing 
medical services under this chapter, the Secretary shall 
furnish infertility treatments (including through the use 
of assisted reproductive technology), standard fertility 
preservation services, or both, to a covered veteran or a 
spouse, partner, or gestational surrogate of a covered vet-
eran, if the veteran and the spouse, partner, or gestational 
surrogate of the veteran, as applicable, apply jointly for 
such treatments or services, or both, through a process 
prescribed by the Secretary. 
‘‘(2) In the case of in vitro fertilization treatment fur-
nished under paragraph (1), the Secretary may furnish 
not more than three completed cycles that result in live 
birth or six attempted cycles of in vitro fertilization, 
whichever occurs first, to an individual under such para-
graph. 
‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to require the Secretary— 
VerDate Sep 11 2014 
00:23 Sep 02, 2020
Jkt 099200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H8034.IH
H8034
pbinns on DSKJLVW7X2PROD with BILLS
‘‘(1) to find or certify a gestational surrogate 
for a covered veteran or to connect a gestational sur-
rogate with a covered veteran; or 
‘‘(2) to furnish maternity care to a covered vet-
eran or spouse, partner, or gestational surrogate of 
a covered veteran, in addition to what is otherwise 
required by section 1786 of this title or other provi-
sions of law. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘assisted reproductive tech-
nology’ includes in vitro fertilization and other fer-
tility treatments in which both eggs and sperm are 
handled when clinically appropriate. 
‘‘(2) The term ‘covered veteran’ means a vet-
eran who— 
‘‘(A) has infertility; and 
‘‘(B) is enrolled in the system of annual 
patient enrollment established under section 
1705(a) of this title. 
‘‘(3) The term ‘infertility’— 
‘‘(A) means a disease or condition charac-
terized by— 
‘‘(i) the failure to conceive a preg-
nancy or to carry a pregnancy to live birth 
VerDate Sep 11 2014 
00:23 Sep 02, 2020
Jkt 099200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H8034.IH
H8034
pbinns on DSKJLVW7X2PROD with BILLS
after one year of regular, unprotected sex-
ual intercourse; or 
‘‘(ii) the inability of a person to repro-
duce either as an individual or with the 
partner of the individual; and 
‘‘(B) includes instances in which a person 
is at risk of being described in clauses (i) or (ii) 
of subparagraph (A), as determined by a li-
censed physician based on— 
‘‘(i) the medical, sexual, and repro-
ductive history, age, physical findings, or 
diagnostic testing, or a combination there-
of, of the person; or 
‘‘(ii) any planned medication therapy, 
surgery, radiation, chemotherapy, or other 
medical treatment. 
‘‘(4) The term ‘partner’, with respect to a vet-
eran, means an individual selected by the veteran 
who agrees to share with the veteran the parental 
responsibilities with respect to any child born as a 
result of the use of any infertility treatment under 
this section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
at the beginning of chapter 17 of such title is amended 
VerDate Sep 11 2014 
00:23 Sep 02, 2020
Jkt 099200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H8034.IH
H8034
pbinns on DSKJLVW7X2PROD with BILLS