[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1957 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 1957
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
March 17, 2021
Ms. Brownley introduced the following bill; which was referred to the
Committee on Veterans' Affairs
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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.
Be it enacted by the Senate and House of Representatives 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 2021''.
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:
``Sec. 1720K. 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 partner of a covered veteran, if the veteran and the partner of
the veteran 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 furnished
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 paragraph.
``(3) The Secretary may furnish in vitro ferilization treatment
under paragraph (1) using donated gametes or embryos.
``(b) Rule of Construction.--Nothing in this section shall be
construed to require the Secretary to furnish maternity care to a
covered veteran or partner of a covered veteran, in addition to what is
otherwise required by section 1786 of this title or other provisions of
law.
``(c) Definitions.--In this section:
``(1) The term `assisted reproductive technology' includes
in vitro fertilization and other fertility treatments in which
both eggs and sperm are handled when clinically appropriate.
``(2) The term `covered veteran' means a veteran 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 characterized
by--
``(i) the failure to conceive a pregnancy
or to carry a pregnancy to live birth after one
year of regular, unprotected sexual
intercourse; or
``(ii) the inability of a person to
reproduce 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 licensed physician
based on--
``(i) the medical, sexual, and reproductive
history, age, physical findings, or diagnostic
testing, or a combination thereof, of the
person; or
``(ii) any planned medication therapy,
surgery, radiation, chemotherapy, or other
medical treatment.
``(4) The term `partner', with respect to a veteran, 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 by inserting after the item
relating to section 1720J the following new item:
``1720K. Infertility treatment and standard fertility preservation
services.''.
SEC. 3. REGULATIONS ON FURNISHING OF INFERTILITY TREATMENT BY
DEPARTMENT OF VETERANS AFFAIRS.
(a) Regulations.--Not later than 18 months after the date of the
enactment of this Act, the Secretary of Veterans Affairs shall
prescribe regulations to carry out section 1720K of title 38, United
States Code, as added by section 2.
(b) Interim Policies.--During the period beginning 180 days after
the date of the enactment of this Act and the date on which the
regulations are prescribed under subsection (a), the Secretary shall
ensure that fertility counseling and treatment furnished pursuant to
section 234(a)(1) of the Military Construction, Veterans Affairs, and
Related Agencies Appropriations Act, 2021 (division J of Public Law
116-260) or other provisions of law administered by the Secretary
include the following elements:
(1) The Secretary may furnish such counseling and treatment
to the partner of a veteran covered by such provision without
regard to whether the partner and veteran are married.
(2) The Secretary may furnish such counseling and treatment
using donated gametes or embryos.
(c) Partner Defined.--In this section, the term ``partner'' has the
meaning given that term in section 1720K of title 38, United States
Code, as added by section 2.
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