[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 220 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 220
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 7, 2025
Ms. Brownley (for herself, Mrs. Watson Coleman, Ms. Moore of Wisconsin,
Ms. Tlaib, Mrs. Cherfilus-McCormick, Mr. Landsman, Mr. Thompson of
Mississippi, Ms. Garcia of Texas, Mrs. Dingell, Ms. Norton, Mr.
Magaziner, Mrs. Trahan, Mrs. Foushee, Ms. Pingree, Mrs. Ramirez, Ms.
Leger Fernandez, Ms. Tokuda, Ms. Strickland, Mr. Tonko, Ms. Scanlon,
Mr. Larson of Connecticut, Mr. Levin, Ms. Ross, and Mr. Casar)
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 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 2025''.
SEC. 2. INFERTILITY TREATMENTS FOR VETERANS.
(a) Authority.--Chapter 17 of title 38, United States Code, is
amended by inserting after section 1720J the following new section (and
conforming the table of sections at the beginning of such chapter
accordingly):
``Sec. 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 Secretary shall furnish to the covered individual
infertility treatments (including through the use of assisted
reproductive technology), standard fertility preservation services, or
both.
``(2) In the case of in vitro fertilization treatment furnished
under paragraph (1), the Secretary may furnish to a covered individual
under such paragraph not more than three completed in vitro
fertilization cycles that result in live birth or 10 attempted in vitro
fertilization cycles, 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 individual 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:
``(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 section 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 status, custody, future
use, donation, disposition, or destruction, of gametes or embryos
relating to treatment or services 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
veteran, 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 technology' includes
in vitro fertilization and other infertility treatments.
``(2) The term `covered individual' means a covered veteran
or a partner of a covered veteran.
``(3) The term `covered veteran' means a veteran 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
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
veteran; or
``(ii) any planned medication therapy,
surgery, radiation, chemotherapy, or other
medical treatment.
``(4) The term `infertility' means a disease, condition, 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.
``(5) 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.
``(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 Secretary 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 Secretary shall prescribe
regulations to carry out section 1720K of title 38, United
States Code, as added by subsection (a).
(3) Interim policies.--
(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 paragraph (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 infertility
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 manner that recognizes
such counseling and services previously
furnished under the existing 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 regulations under paragraph (2), the
Secretary shall ensure that counseling and treatment
furnished 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 without
regard to whether the partner and veteran 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 authority''
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
Secretary 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).
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