H.R. 6797

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6797 Introduced in House (IH)]

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119th CONGRESS
1st Session
H. R. 6797

To amend title 10, United States Code, to provide fertility treatment 
under the TRICARE Program.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

December 17, 2025

Ms. Jacobs (for herself, Mr. LaLota, Mrs. Kiggans of Virginia, and Ms. 
Houlahan) introduced the following bill; which was referred to the 
Committee on Armed Services

_______________________________________________________________________

A BILL

To amend title 10, United States Code, to provide fertility treatment 
under the TRICARE Program.

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 ``Bipartisan IVF for Military Families 
Act''.

SEC. 2. FERTILITY TREATMENT FOR CERTAIN MEMBERS OF THE ARMED FORCES AND 
DEPENDENTS.

(a) Fertility Treatment.--Chapter 55 of title 10, United States 
Code, is amended by inserting after section 1074o the following new 
section:
``Sec. 1074p. Fertility treatment for certain active duty members of 
the Armed Forces and dependents
``(a) Coverage.--The Secretary shall ensure that fertility-related 
care for a covered member (or a dependent of such a member) shall be 
covered under TRICARE Prime and TRICARE Select.
``(b) In Vitro Fertilization.--In the case of in vitro 
fertilization treatment furnished to an individual pursuant to 
subsection (a)--
``(1) three completed oocyte retrievals may be furnished 
per calendar year; and
``(2) single embryo transfers shall be provided unless 
otherwise medically indicated in accordance with the guidelines 
of the American Society for Reproductive Medicine.
``(c) Cost Sharing and Other Limitations.--The Secretary shall 
ensure that cost-sharing amounts for an individual who receives 
fertility-related care under this section are determined under section 
1075, 1075a, or other applicable provision of this chapter in 
accordance with the kind of care provided (such as an in-network 
inpatient visit) and without regard to whether the care is fertility-
related care. The Secretary may not impose any waiting periods or other 
limitations once the individual has received a medical diagnosis of 
infertility.
``(d) Prohibitions.--Funds available to the Department of Defense 
may not be used for preimplantation genetic screening, human cloning, 
international surrogacy, or artificial womb technology.
``(e) Definitions.--In this section:
``(1) The term `covered member' means--
``(A) a member of the Armed Forces serving on 
active duty; and
``(B) does not include a former member of the Armed 
Forces.
``(2) The term `infertility' means a disease, condition, or 
status characterized by--
``(A) the failure to establish a pregnancy or to 
carry a pregnancy to live birth after regular, 
unprotected sexual intercourse in accordance with the 
guidelines of the American Society for Reproductive 
Medicine;
``(B) the inability of an individual to reproduce 
without medical intervention either as a single 
individual or with the partner of the individual; or
``(C) the findings of a licensed physician based on 
the medical, sexual, and reproductive history, age, 
physical findings, or diagnostic testing, of the 
individual.
``(3) The term `fertility-related care' means--
``(A) the diagnosis of infertility; and
``(B) fertility treatment.
``(4) The term `fertility treatment' includes the 
following:
``(A) In vitro fertilization or other treatments or 
procedures in which human oocytes, embryos, or sperm 
are handled when clinically appropriate.
``(B) Sperm retrieval.
``(C) Egg retrieval.
``(D) Preservation of human oocytes, embryos, or 
sperm.
``(E) Artificial insemination, including 
intravaginal insemination, intracervical insemination, 
and intrauterine insemination.
``(F) Transfer of reproductive genetic material.
``(G) Medications as prescribed or necessary for 
fertility.
``(H) Fertility treatment coordination.
``(I) Such other information, referrals, 
treatments, procedures, testing, medications, 
laboratory services, technologies, and services 
facilitating reproduction as determined appropriate by 
the Secretary of Defense.''.
(b) Program on Fertility Treatment Coordination.--Chapter 55 of 
title 10, United States Code, is amended by adding at the end the 
following new section:
``Sec. 1110c. Program on fertility-related care coordination
``(a) In General.--The Secretary of Defense shall establish a 
program on the coordination of fertility-related care by the Secretary 
for purposes of ensuring patients receive timely fertility-related 
care.
``(b) Training and Support.--In carrying out the program 
established under subsection (a), the Secretary shall provide to 
community health care providers training and support with respect to 
the unique needs of members of the Armed Forces and the dependents of 
such members.''.
(c) Conforming Amendment.--Section 1079(a) of title 10, United 
States Code, is amended by adding at the end the following new 
paragraph:
``(21) Fertility-related care shall be provided in 
accordance with section 1074p of this title.''.
(d) Exclusion From Contracts for Former Members and Their 
Dependents.--Section 1086(a) of such title is amended by striking ``eye 
examinations and'' and inserting ``eye examinations, fertility-related 
care pursuant to paragraph (21) of such section, and''.
(e) Application.--The amendments made by this section shall apply 
with respect to services provided on or after October 1, 2027.
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