Veterans Infertility Treatment Act of 2025

[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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