IV 

118TH CONGRESS 

2D SESSION H. RES. 1346 

Providing for consideration of the bill (H.R. 7056) to prohibit the limitation 

of access to assisted reproductive technology, and all medical care surrounding such technology. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 9, 2024 

Ms. WILD submitted the following resolution; which was referred to the 

Committee on Rules 

RESOLUTION 

Providing for consideration of the bill (H.R. 7056) to prohibit the limitation of access to assisted reproductive 

technology, and all medical care surrounding such technology. 

1 Resolved, That immediately upon adoption of this res2 olution, the House shall proceed to the consideration in 

3 the House of the bill (H.R. 7056) to prohibit the limitation 

4 of access to assisted reproductive technology, and all med5 ical care surrounding such technology. All points of order 

6 against consideration of the bill are waived. The amend7 ment specified in section 3 of this resolution shall be con8 sidered as adopted. The bill, as amended, shall be considVerDate Sep 11 2014 18:18 Jul 12, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\HR1346.IH HR1346

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1 ered as read. All points of order against provisions in the 

2 bill, as amended, are waived. The previous question shall 

3 be considered as ordered on the bill, as amended, and on 

4 any further amendment thereto, to final passage without 

5 intervening motion except: (1) one hour of debate equally 

6 divided and controlled by the chair and ranking minority 

7 member of the Committee on Energy and Commerce or 

8 their respective designees; and (2) one motion to recom9 mit. 

10 SEC. 2. Clause 1(c) of rule XIX shall not apply to 

11 the consideration of H.R. 7056. 

12 SEC. 3. The amendment specified in this section is 

13 as follows: 

14 Strike sections 2 through 5 and insert the following: 

15 SEC. 2. PURPOSES. 

16 The purposes of this Act are as follows: 

17 (1) To permit patients to seek and receive fer18 tility treatment, including assisted reproductive tech19 nology services, and to permit health care providers 

20 that choose to provide fertility treatment, to provide 

21 such services without States enacting harmful or un22 warranted limitations or requirements that single 

23 out the provision of assisted reproductive services for 

24 restrictions that are not consistent with widely ac25 cepted and evidence-based medical standards of care, 


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1 and which do not significantly advance reproductive 

2 health or the efficacy and safety of fertility treat3 ment, or make fertility treatment more difficult to 

4 access. 

5 (2) To promote the right and ability of a pa6 tient residing in any State to choose to receive fer7 tility treatment provided in accordance with widely 

8 accepted and evidence-based medical standards of 

9 care by a health care provider who chooses to pro10 vide such services. 

11 (3) To protect an individual’s right to make de12 cisions, in consultation with the individual’s health 

13 care provider, about the most appropriate medical 

14 care to maximize the chance of becoming pregnant 

15 and giving birth to a healthy, living, human child 

16 with the help of fertility treatment. 

17 SEC. 3. DEFINITIONS. 

18 In this Act: 

19 (1) FERTILITY TREATMENT.—The term ‘‘fer20 tility treatment’’ includes the following: 

21 (A) Preservation of human oocytes, sperm, 

22 or embryos for later reproductive use. 

23 (B) Artificial insemination, including 

24 intravaginal insemination, intracervical insemi25 nation, and intrauterine insemination. 


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1 (C) Assisted reproductive technology, in2 cluding in vitro fertilization and other treat3 ments or procedures in which reproductive ge4 netic material, such as oocytes, sperm, fertilized 

5 eggs, and embryos, are handled, when clinically 

6 appropriate. 

7 (D) Genetic testing of embryos. 

8 (E) Medications prescribed or obtained 

9 over-the-counter, as indicated for fertility. 

10 (F) Gamete donation. 

11 (G) Such other information, referrals, 

12 treatments, procedures, medications, laboratory 

13 testing, technologies, and services relating to 

14 fertility as the Secretary of Health and Human 

15 Services determines appropriate. 

16 (2) HEALTH CARE PROVIDER.—The term 

17 ‘‘health care provider’’ means any entity or indi18 vidual (including any physician, nurse practitioner, 

19 physician assistant, pharmacist, health care support 

20 personnel, clinical staff, and any other individual, as 

21 determined by the Secretary of Health and Human 

22 Services) that— 

23 (A) is engaged or seeks to engage in the 

24 delivery of fertility treatment, including through 

25 the provision of evidence-based information, 


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1 counseling, referrals, or items and services that 

2 relate to, aid in, or provide fertility treatment; 

3 and 

4 (B) if required by State law to be licensed, 

5 certified, or otherwise authorized to engage in 

6 the delivery of such services— 

7 (i) is so licensed, certified, or other8 wise authorized; or 

9 (ii) would be so licensed, certified, or 

10 otherwise authorized but for the fact that 

11 the individual or entity has provided, is 

12 providing, or plans to provide fertility 

13 treatment in accordance with section 4. 

14 (3) HEALTH INSURANCE ISSUER.—The term 

15 ‘‘health insurance issuer’’ has the meaning given 

16 such term in section 2791(b) of the Public Health 

17 Service Act (42 U.S.C. 300gg–91(b)). 

18 (4) MANUFACTURER.—The term ‘‘manufac19 turer’’ means the manufacturer of a drug or device 

20 approved, cleared, authorized, or licensed under sec21 tion 505, 510(k), 513(f)(2), or 515 of the Federal 

22 Food, Drug, and Cosmetic Act (21 U.S.C. 355, 

23 360(k), 360c(f)(2), 360e) or section 351 of the Pub24 lic Health Service Act (42 U.S.C. 262) or otherwise 

25 legally marketed. 


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1 (5) STATE.—The term ‘‘State’’ includes each of 

2 the 50 States, the District of Columbia, Puerto Rico, 

3 each territory and possession of the United States, 

4 and any political subdivision thereof. 

5 (6) WIDELY ACCEPTED AND EVIDENCE-BASED

6 MEDICAL STANDARDS OF CARE.—The term ‘‘widely 

7 accepted and evidence-based medical standards of 

8 care’’ means any medical services, procedures, and 

9 practices that are in accordance with the guidelines 

10 of the American Society for Reproductive Medicine. 

11 SEC. 4. FERTILITY TREATMENT RIGHTS. 

12 (a) GENERAL RULE.— 

13 (1) INDIVIDUAL RIGHTS.—An individual has a 

14 statutory right under this Act, without prohibition, 

15 limitation, interference, or impediment, to the extent 

16 that such prohibition, limitation, interference, or im17 pediment in any way or degree obstructs, delays, or 

18 affects commerce over which the Federal Govern19 ment has jurisdiction, to— 

20 (A) receive fertility treatment from a 

21 health care provider, in accordance with widely 

22 accepted and evidence-based medical standards 

23 of care; 

24 (B) continue or complete an ongoing fer25 tility treatment previously initiated by a health 


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1 care provider, in accordance with widely accept2 ed and evidence-based medical standards of 

3 care; 

4 (C) make decisions and arrangements re5 garding the donation, testing, use, storage, or 

6 disposition of reproductive genetic material, 

7 such as oocytes, sperm, fertilized eggs, and em8 bryos; and 

9 (D) establish contractual agreements with 

10 a health care provider relating to the health 

11 care provider’s services in handling, testing, 

12 storing, shipping, and disposing of the individ13 ual’s reproductive genetic material in accord14 ance with widely accepted and evidence-based 

15 medical standards of care. 

16 (2) HEALTH CARE PROVIDER RIGHTS.—A 

17 health care provider has a statutory right under this 

18 Act, without prohibition, limitation, interference, or 

19 impediment, to the extent that such prohibition, lim20 itation, interference, or impediment in any way or 

21 degree obstructs, delays, or affects commerce over 

22 which the Federal Government has jurisdiction, to— 

23 (A) provide, or assist with the provision of, 

24 fertility treatment provided in accordance with 


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1 widely accepted and evidence-based medical 

2 standards of care; 

3 (B) continue or complete the provision of, 

4 or assistance with, fertility treatment that was 

5 lawful when commenced and is provided in ac6 cordance with widely accepted and evidence7 based medical standards of care; 

8 (C) provide for, or assist with, the testing, 

9 use, storage, or disposition of reproductive ge10 netic material, such as oocytes, sperm, fertilized 

11 eggs, and embryos, in accordance with widely 

12 accepted and evidence-based medical standards 

13 of care; and 

14 (D) establish contractual agreements with 

15 individuals or manufacturers relating to the 

16 health care provider’s services in handling, test17 ing, storing, shipping, and disposing of the indi18 vidual’s reproductive genetic material. 

19 (3) HEALTH INSURANCE ISSUER RIGHTS.—A 

20 health insurance issuer has a statutory right under 

21 this Act, without prohibition, limitation, interference, 

22 or impediment, to the extent that such prohibition, 

23 limitation, interference, or impediment in any way or 

24 degree obstructs, delays, or affects commerce over 

25 which the Federal Government has jurisdiction, to 


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1 cover the provision of fertility treatment provided in 

2 accordance with widely accepted and evidence-based 

3 medical standards of care. 

4 (4) MANUFACTURER RIGHTS.—A manufacturer 

5 of a drug or device that is approved, cleared, author6 ized, or licensed under section 505, 510(k), 

7 513(f)(2), or 515 of the Federal Food, Drug, and 

8 Cosmetic Act (21 U.S.C. 355; 360(k); 360c(f)(2); 

9 360e) or section 351 of the Public Health Service 

10 Act (42 U.S.C. 262) or otherwise legally marketed 

11 and intended for use in the provision of fertility 

12 treatment, including the storage or transport of oo13 cytes, gametes, fertilized eggs, and embryos, has a 

14 statutory right under this Act, without prohibition, 

15 limitation, interference, or impediment, to the extent 

16 that such prohibition, limitation, interference, or im17 pediment in any way or degree obstructs, delays, or 

18 affects commerce over which the Federal Govern19 ment has jurisdiction, to manufacture, import, mar20 ket, sell, and distribute such drug or device. 

21 (b) STATE REGULATION OF MEDICINE.—The en22 forcement of State health and safety law regarding med23 ical facilities or health care providers does not constitute 

24 a violation of subsection (a) if— 


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1 (1) such regulations are in accordance with 

2 widely accepted and evidence-based medical stand3 ards of care for providing fertility treatment; and 

4 (2) the safety or health objective cannot be ad5 vanced by a different means that does not prohibit, 

6 limit, interfere with, or impede the rights described 

7 in subsection (a). 

8 (c) ENFORCEMENT.— 

9 (1) THE ATTORNEY GENERAL.— 

10 (A) IN GENERAL.—The Attorney General 

11 may commence a civil action on behalf of the 

12 United States against any State; an individual, 

13 employee, official, agency head, contractor, or14 ganization, or instrumentality acting for, or on 

15 behalf of, such a State; or any individual acting 

16 under the color of, or pursuant to, State law, 

17 that implements, enforces, or threatens to en18 force a limitation or requirement that prohibits, 

19 limits, interferes with, or impedes the statutory 

20 rights of an individual, a health care provider, 

21 a health insurance issuer, or a manufacturer 

22 under subsection (a). 

23 (B) EFFECT OF VIOLATIONS.—The court 

24 shall hold unlawful and set aside a limitation or 


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1 requirement described in subparagraph (A) if it 

2 is in violation of subsection (a). 

3 (2) PRIVATE RIGHT OF ACTION.— 

4 (A) IN GENERAL.—Any individual or entity 

5 adversely affected by an alleged violation of 

6 subsection (a) may commence a civil action 

7 against an individual, employee, official, agency 

8 head, contractor, organization, or instrumen9 tality acting for, or on behalf of, such a State 

10 that enacts, implements, or enforces a limita11 tion or requirement that prohibits, limits, inter12 feres with, or impedes the statutory rights of an 

13 individual, a health care provider, a health in14 surance issuer, or a manufacturer under sub15 section (a). 

16 (B) EFFECT OF VIOLATIONS.—The court 

17 shall hold unlawful and enjoin a limitation or 

18 requirement described in subparagraph (A) if it 

19 is in violation of subsection (a). 

20 (3) HEALTH CARE PROVIDER.— 

21 (A) IN GENERAL.—A health care provider 

22 may commence a civil action for relief on such 

23 provider’s own behalf, on behalf of the pro24 vider’s staff, or on behalf of the provider’s paVerDate Sep 11 2014 18:18 Jul 12, 2024 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\HR1346.IH HR1346

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1 tients who are or may be adversely affected by 

2 an alleged violation of subsection (a). 

3 (B) EFFECT OF VIOLATIONS.—The court 

4 shall hold unlawful and enjoin a limitation or 

5 requirement described in subparagraph (A) if it 

6 is in violation of subsection (a). 

7 (4) EQUITABLE RELIEF.—In any action under 

8 this section, the court may award appropriate equi9 table relief, including temporary, preliminary, or per10 manent injunctive relief. 

11 (5) COSTS.— 

12 (A) IN GENERAL.—In any action under 

13 this section, the court shall award costs of liti14 gation, as well as reasonable attorney’s fees, to 

15 any prevailing plaintiff. 

16 (B) LIABILITY OF PLAINTIFFS.—A plain17 tiff shall not be liable to a defendant for costs 

18 or attorney’s fees in any non-frivolous action 

19 under this section unless such costs or attor20 ney’s fees are imposed by the court as part of 

21 sanctions for violations committed during the 

22 discovery process. 

23 (6) JURISDICTION.—The district courts of the 

24 United States shall have jurisdiction over pro25 ceedings under this section and shall exercise the 


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1 same without regard to whether the party aggrieved 

2 shall have exhausted any administrative or other 

3 remedies that may be provided for by law. 

4 (7) RIGHT TO REMOVE.— 

5 (A) IN GENERAL.—Any party shall have a 

6 right to remove an action brought under this 

7 subsection to the district court of the United 

8 States for the district and division embracing 

9 the place where such action is pending. 

10 (B) REVIEW.—An order remanding the 

11 case to the State court from which it was re12 moved under this paragraph is immediately re13 viewable by appeal or otherwise. 

14 (d) REGULATIONS.—Not later than 180 days after 

15 the date of enactment of this Act, the Secretary of Health 

16 and Human Services shall promulgate regulations to carry 

17 out this section. 

18 (e) RULES OF CONSTRUCTION.— 

19 (1) IN GENERAL.—For purposes of this Act, a 

20 State law, or the administration, implementation, or 

21 enforcement of a State law, constitutes a prohibi22 tion, limitation, interference, or impediment on a 

23 health care provider providing, an individual receiv24 ing, a health insurance issuer covering, or a manu25 facturer marketing drugs or devices for fertility 


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1 treatment, provided in accordance with widely ac2 cepted and evidence-based medical standards of care 

3 if the administration, implementation, interpretation, 

4 or enforcement of such law has an effect that— 

5 (A) imposes requirements or limitations 

6 that are inconsistent with providing, receiving, 

7 providing health insurance coverage for, or pro8 viding drugs or devices for fertility treatment in 

9 accordance with widely accepted and evidence10 based medical standards of care or that other11 wise violate the requirements of this Act, which 

12 may include— 

13 (i) requiring that a health care pro14 vider provide, and patients undertake, 

15 medically unnecessary procedures and serv16 ices, including tests and procedures, pro17 viding medically inaccurate information re18 garding fertility treatment, or requiring 

19 additional unnecessary in-person visits to a 

20 health care provider, that are inconsistent 

21 with widely accepted and evidence-based 

22 medical standards of care; 

23 (ii) imposing limitations or require24 ments concerning physical offices, clinics, 

25 facilities, equipment, staffing, or hospital 


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1 transfer arrangements of facilities where 

2 fertility treatment is provided, or the cre3 dentials or hospital privileges or status of 

4 personnel at such facilities, that are not 

5 consistent with widely accepted and evi6 dence-based medical standards of care; or 

7 (iii) limiting a health care provider’s 

8 right or ability to provide, or a patient’s 

9 right to receive, or imposing limitations 

10 that reduce the efficacy of, fertility treat11 ment in accordance with widely accepted 

12 and evidence-based medical standards of 

13 care, including retrieval of multiple eggs 

14 during oocyte retrieval; performance of in15 semination procedures, including intra16 uterine insemination; intracytoplasmic 

17 sperm injections to fertilize multiple 

18 human eggs; and cryopreservation of one 

19 or more eggs or embryos for fertility pres20 ervation and subsequent transfer, if deter21 mined appropriate by the health care pro22 vider and patient; 

23 (B) infringes, limits, or restricts the ability 

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1 force their statutory rights under this Act on 

2 the basis of marital status, sex (including sex3 ual orientation and gender identity) or any 

4 other protected class that is covered by Federal 

5 law; 

6 (C) limits a health care provider’s or pa7 tient’s right or ability to determine the most ap8 propriate disposition of fertilized eggs or em9 bryos, including by defining a gamete or em10 bryo in such a way as to prevent the disposition 

11 of gametes and embryos; 

12 (D) limits a health care provider’s ability 

13 to provide, or a patient’s ability to receive, fer14 tility treatment via telemedicine, in accordance 

15 with widely accepted and evidence-based med16 ical standards of care; 

17 (E) limits or prohibits a health care pro18 vider’s ability to provide, or a patient’s ability 

19 to receive, fertility counseling or fertility treat20 ment based on the residency of the patient, or 

21 prohibits or limits the ability of any individual 

22 to assist or support a patient seeking fertility 

23 treatment; 

24 (F) imposes requirements or limitations 

25 that compel health care providers to provide, or 


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1 patients to receive, medically unnecessary care, 

2 or withhold medically necessary care, in a man3 ner that is not consistent with widely accepted 

4 and evidence-based medical standards of care 

5 for fertility treatment, including mandating the 

6 transfer of embryos that a health care provider 

7 would not reasonably expect, based on widely 

8 accepted and evidence-based medical standards 

9 of care, to lead to a healthy pregnancy or a live 

10 birth; 

11 (G) limits a health care provider’s right or 

12 ability to prescribe or dispense, or a patient’s 

13 right or ability to receive or use, medications 

14 for fertility treatment in accordance with widely 

15 accepted and evidence-based medical standards 

16 of care, unless such a limitation is generally ap17 plicable to the prescription, dispensing, or dis18 tribution of medications; or 

19 (H) limits a health care provider’s right or 

20 ability to perform a human sperm retrieval pro21 cedure in accordance with widely accepted and 

22 evidence-based medical standards of care. 

23 (2) CLARIFICATION.—The descriptions of spe24 cific State laws that would violate the statutory 

25 rights and protections described in paragraph (1) 


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1 shall not be construed to limit potential violations of 

2 the statutory rights and protections under this Act 

3 to only the restrictions and limitations listed in 

4 paragraph (1), and potential violations of this Act 

5 may result from novel State restrictions and limita6 tions that are not listed under paragraph (1). 

7 (3) EXCLUSION.—It shall not constitute a pro8 hibition, limitation, interference, or impediment to a 

9 health care provider providing, an individual receiv10 ing, a health insurance issuer covering, or a manu11 facturer marketing a drug or device for purposes of, 

12 fertility treatment under this Act for an entity to act 

13 in compliance with the Food and Drug Administra14 tion’s regulation of drugs, devices, biological prod15 ucts, human cells, tissues, or cellular or tissue-based 

16 products used in fertility treatment, consistent with 

17 widely accepted and evidence-based medical stand18 ards of care for fertility treatment. 

19 SEC. 5. APPLICABILITY AND PREEMPTION. 

20 (a) IN GENERAL.— 

21 (1) GENERAL APPLICATION.— 

22 (A) EFFECT ON STATE LAW.—This Act su23 persedes any State law that is inconsistent with 

24 the statutory rights established under this Act 

25 and precludes the implementation of such a 


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1 law, whether statutory, common law, or other2 wise, and whether adopted before or after the 

3 date of enactment of this Act. 

4 (B) PROHIBITION.—No State shall admin5 ister, implement, or enforce any law, rule, regu6 lation, standard, or other provision having the 

7 force and effect of law that conflicts with any 

8 provision of this Act, notwithstanding any other 

9 provision of Federal law. 

10 (2) EXCLUSION.—Preemption of State law 

11 under paragraph (1) does not apply to— 

12 (A) State law regarding the resolution of 

13 disputes between 2 individuals with rights de14 scribed in section 4(a)(1) with respect to the 

15 same reproductive genetic material, such as oo16 cytes, sperm, fertilized eggs, and embryos; or 

17 (B) any other State law, to the extent that 

18 such law does not conflict with this Act and 

19 protects an individual’s right and ability to re20 ceive fertility treatment in accordance with 

21 widely accepted and evidence-based medical 

22 standards of care, including any such law that 

23 holds a health care provider accountable for not 

24 providing fertility treatment in accordance with 


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1 widely accepted and evidence-based medical 

2 standards of care. 

3 (3) PRESERVATION OF FEDERAL PUBLIC

4 HEALTH AUTHORITIES.—Nothing in this Act shall 

5 have the effect of superseding, negating, or limiting 

6 provisions of Federal law, including the Federal 

7 Food, Drug, and Cosmetic Act (21 U.S.C. 301 et 

8 seq.) or the Public Health Service Act (42 U.S.C. 

9 201 et seq.), and regulations promulgated under 

10 such statutes, with respect to the regulation of 

11 drugs, devices, biological products, human cells, tis12 sues, or cellular or tissue-based products used in fer13 tility treatment. 

14 (4) PRESERVATION OF HIPAA RULES.—Nothing 

15 in this Act shall have the effect of superseding, ne16 gating, or limiting the provisions of the privacy, se17 curity, and breach notification regulations in parts 

18 160 and 164 of title 45, Code of Federal Regula19 tions (or successor regulations). 

20 (5) SUBSEQUENTLY ENACTED FEDERAL LEGIS21 LATION.—Federal statutory law adopted after the 

22 date of the enactment of this Act is subject to this 

23 Act unless such law explicitly excludes such applica24 tion by reference to this Act. 


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1 (b) DEFENSE.—In any cause of action against an in2 dividual or entity who is subject to a limitation or require3 ment that violates this Act, in addition to the remedies 

4 specified in section 4(c), this Act shall also apply to, and 

5 may be raised as a defense by, such an individual or entity. 

Æ 


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