119-hr220

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 220 Introduced in House

    (IH) ]

<DOC>

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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