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 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 2023’’. 
SEC. 2. INFERTILITY TREATMENTS FOR VETERANS. 
(a) AUTHORITY.—Chapter 17 of title 38, United 
States Code, is amended by inserting after section 1720J 
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the following new section (and conforming the table of sec-
tions at the beginning of such chapter accordingly): 
‘‘§ 1720K. Infertility treatment and standard fertility 
preservation services 
‘‘(a) TREATMENT AND SERVICES.—(1) In furnishing 
medical services under this chapter, at the election of a 
covered individual and subject to paragraph (4), the Sec-
retary shall furnish to the covered individual infertility 
treatments (including through the use of assisted repro-
ductive technology), standard fertility preservation serv-
ices, or both. 
‘‘(2) In the case of in vitro fertilization treatment fur-
nished under paragraph (1), the Secretary may furnish 
to a covered individual under such paragraph not more 
than three completed in vitro fertilization cycles that re-
sult in live birth or 10 attempted in vitro fertilization cy-
cles, whichever occurs first. 
‘‘(3) The Secretary may furnish in vitro fertilization 
treatment under paragraph (1) using donated gametes or 
embryos. 
‘‘(4) The Secretary may not furnish to a covered indi-
vidual an in vitro fertilization cycle or other treatment or 
service under paragraph (1) unless the Secretary receives 
consent for such cycle, treatment, or service from each of 
the following: 
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‘‘(A) The covered individual. 
‘‘(B) If the covered individual is a partner of a 
covered veteran, the covered veteran. 
‘‘(C) If applicable, the third-party donor. 
‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to require the Secretary to furnish 
maternity care to a covered individual, in addition to what 
is otherwise required by section 1786 of this title or other 
provisions of law. 
‘‘(c) RELATIONSHIP TO STATE LAW.—The legal sta-
tus, custody, future use, donation, disposition, or destruc-
tion, of gametes or embryos relating to treatment or serv-
ices furnished under this section shall be determined in 
accordance with the law of the State in which the gametes 
or embryos are located. 
‘‘(d) PAYMENTS
FOR BENEFICIARY TRAVEL
FOR 
PARTNERS.—For purposes of paying travel expenses 
under section 111 of this title for treatment or services 
furnished under this section to a partner of a covered vet-
eran, the Secretary shall deem the partner to be a veteran 
receiving treatment or care under this chapter. 
‘‘(e) DEFINITIONS.—In this section: 
‘‘(1) The term ‘assisted reproductive tech-
nology’ includes in vitro fertilization and other infer-
tility treatments. 
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‘‘(2) The term ‘covered individual’ means a cov-
ered veteran or a partner of a covered veteran. 
‘‘(3) The term ‘covered veteran’ means a vet-
eran who is enrolled in the system of annual patient 
enrollment established under section 1705(a) of this 
title and— 
‘‘(A) has infertility; or 
‘‘(B) is at risk of having infertility, as de-
termined by a licensed physician based on— 
‘‘(i) the medical, sexual, and repro-
ductive history, age, physical findings, or 
diagnostic testing, or a combination there-
of, of the veteran; or 
‘‘(ii) any planned medication therapy, 
surgery, radiation, chemotherapy, or other 
medical treatment. 
‘‘(4) The term ‘infertility’ means a disease, con-
dition, or status characterized by— 
‘‘(A) the inability of a person to reproduce 
either as an individual or with the partner of 
the individual; or 
‘‘(B) the failure to conceive a pregnancy or 
to carry a pregnancy to live birth after one year 
of regular, unprotected sexual intercourse. 
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‘‘(5) 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. 
‘‘(6) The term ‘standard fertility preservation 
service’ includes the procurement, cryopreservation, 
and storage of gametes and embryos.’’. 
(b) APPLICABILITY; REGULATIONS.— 
(1) APPLICABILITY.—Except as provided by 
paragraph (3)(A), section 1720K of title 38, United 
States Code, as added by subsection (a), shall apply 
with respect to infertility treatment and standard 
fertility preservation services furnished by the Sec-
retary of Veterans Affairs beginning on the date on 
which the Secretary prescribes regulations under 
paragraph (2). 
(2) REGULATIONS.—Not later than one year 
after the date of the enactment of this Act, the Sec-
retary shall prescribe regulations to carry out section 
1720K of title 38, United States Code, as added by 
subsection (a). 
(3) INTERIM POLICIES.— 
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(A) CONTINUITY OF SERVICES.—Except as 
provided by subparagraph (B), an individual 
who on the day before the date on which the 
Secretary prescribes regulations under para-
graph (2) is receiving counseling and treatment 
furnished by the Secretary pursuant to existing 
infertility authority may elect to— 
(i) continue receiving such counseling 
and services pursuant to the existing infer-
tility authority, subject to the limitations 
of that authority; or 
(ii) begin receiving such counseling 
and services pursuant to section 1720K of 
title 38, United States Code, as added by 
subsection (a), subject to the limitations of 
that section that shall be applied in a man-
ner that recognizes such counseling and 
services previously furnished under the ex-
isting infertility authority. 
(B) EXPANSION
OF
SERVICES.—During 
the period beginning 180 days after the date of 
the enactment of this Act and ending on the 
date on which the Secretary prescribes regula-
tions under paragraph (2), the Secretary shall 
ensure that counseling and treatment furnished 
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pursuant to existing infertility authority include 
the following elements: 
(i) The Secretary may furnish such 
counseling and treatment to the partner of 
a veteran covered by such provision with-
out regard to whether the partner and vet-
eran are married. 
(ii) The Secretary may furnish such 
counseling and treatment using donated 
gametes or embryos. 
(4) DEFINITIONS.—In this subsection: 
(A) The term ‘‘existing infertility author-
ity’’ means section 234(a)(1) of the Military 
Construction, Veterans Affairs, and Related 
Agencies Appropriations Act, 2022 (division J 
of Public Law 117–103; 136 Stat. 556), or 
other provisions of law administered by the Sec-
retary of Veterans Affairs enacted before the 
date of the enactment of this Act that provide 
authority to the Secretary to furnish fertility 
counseling and treatment. 
(B) The term ‘‘partner’’ has the meaning 
given that term in section 1720K of title 38, 
United States Code, as added by subsection (a). 
Æ 
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