•HRES 1346 IH 
ered as read. All points of order against provisions in the 
bill, as amended, are waived. The previous question shall 
be considered as ordered on the bill, as amended, and on 
any further amendment thereto, to final passage without 
intervening motion except: (1) one hour of debate equally 
divided and controlled by the chair and ranking minority 
member of the Committee on Energy and Commerce or 
their respective designees; and (2) one motion to recom-
mit. 
SEC. 2. Clause 1(c) of rule XIX shall not apply to 
the consideration of H.R. 7056. 
SEC. 3. The amendment specified in this section is 
as follows: 
Strike sections 2 through 5 and insert the following: 
SEC. 2. PURPOSES. 
The purposes of this Act are as follows: 
(1) To permit patients to seek and receive fer-
tility treatment, including assisted reproductive tech-
nology services, and to permit health care providers 
that choose to provide fertility treatment, to provide 
such services without States enacting harmful or un-
warranted limitations or requirements that single 
out the provision of assisted reproductive services for 
restrictions that are not consistent with widely ac-
cepted and evidence-based medical standards of care, 
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and which do not significantly advance reproductive 
health or the efficacy and safety of fertility treat-
ment, or make fertility treatment more difficult to 
access. 
(2) To promote the right and ability of a pa-
tient residing in any State to choose to receive fer-
tility treatment provided in accordance with widely 
accepted and evidence-based medical standards of 
care by a health care provider who chooses to pro-
vide such services. 
(3) To protect an individual’s right to make de-
cisions, in consultation with the individual’s health 
care provider, about the most appropriate medical 
care to maximize the chance of becoming pregnant 
and giving birth to a healthy, living, human child 
with the help of fertility treatment. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) FERTILITY TREATMENT.—The term ‘‘fer-
tility treatment’’ includes the following: 
(A) Preservation of human oocytes, sperm, 
or embryos for later reproductive use. 
(B) 
Artificial 
insemination, 
including 
intravaginal insemination, intracervical insemi-
nation, and intrauterine insemination. 
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(C) Assisted reproductive technology, in-
cluding in vitro fertilization and other treat-
ments or procedures in which reproductive ge-
netic material, such as oocytes, sperm, fertilized 
eggs, and embryos, are handled, when clinically 
appropriate. 
(D) Genetic testing of embryos. 
(E) Medications prescribed or obtained 
over-the-counter, as indicated for fertility. 
(F) Gamete donation. 
(G) Such other information, referrals, 
treatments, procedures, medications, laboratory 
testing, technologies, and services relating to 
fertility as the Secretary of Health and Human 
Services determines appropriate. 
(2) HEALTH
CARE
PROVIDER.—The term 
‘‘health care provider’’ means any entity or indi-
vidual (including any physician, nurse practitioner, 
physician assistant, pharmacist, health care support 
personnel, clinical staff, and any other individual, as 
determined by the Secretary of Health and Human 
Services) that— 
(A) is engaged or seeks to engage in the 
delivery of fertility treatment, including through 
the provision of evidence-based information, 
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counseling, referrals, or items and services that 
relate to, aid in, or provide fertility treatment; 
and 
(B) if required by State law to be licensed, 
certified, or otherwise authorized to engage in 
the delivery of such services— 
(i) is so licensed, certified, or other-
wise authorized; or 
(ii) would be so licensed, certified, or 
otherwise authorized but for the fact that 
the individual or entity has provided, is 
providing, or plans to provide fertility 
treatment in accordance with section 4. 
(3) HEALTH
INSURANCE
ISSUER.—The term 
‘‘health insurance issuer’’ has the meaning given 
such term in section 2791(b) of the Public Health 
Service Act (42 U.S.C. 300gg–91(b)). 
(4) MANUFACTURER.—The term ‘‘manufac-
turer’’ means the manufacturer of a drug or device 
approved, cleared, authorized, or licensed under sec-
tion 505, 510(k), 513(f)(2), or 515 of the Federal 
Food, Drug, and Cosmetic Act (21 U.S.C. 355, 
360(k), 360c(f)(2), 360e) or section 351 of the Pub-
lic Health Service Act (42 U.S.C. 262) or otherwise 
legally marketed. 
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(5) STATE.—The term ‘‘State’’ includes each of 
the 50 States, the District of Columbia, Puerto Rico, 
each territory and possession of the United States, 
and any political subdivision thereof. 
(6) WIDELY ACCEPTED AND EVIDENCE-BASED 
MEDICAL STANDARDS OF CARE.—The term ‘‘widely 
accepted and evidence-based medical standards of 
care’’ means any medical services, procedures, and 
practices that are in accordance with the guidelines 
of the American Society for Reproductive Medicine. 
SEC. 4. FERTILITY TREATMENT RIGHTS. 
(a) GENERAL RULE.— 
(1) INDIVIDUAL RIGHTS.—An individual has a 
statutory right under this Act, without prohibition, 
limitation, interference, or impediment, to the extent 
that such prohibition, limitation, interference, or im-
pediment in any way or degree obstructs, delays, or 
affects commerce over which the Federal Govern-
ment has jurisdiction, to— 
(A) receive fertility treatment from a 
health care provider, in accordance with widely 
accepted and evidence-based medical standards 
of care; 
(B) continue or complete an ongoing fer-
tility treatment previously initiated by a health 
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care provider, in accordance with widely accept-
ed and evidence-based medical standards of 
care; 
(C) make decisions and arrangements re-
garding the donation, testing, use, storage, or 
disposition of reproductive genetic material, 
such as oocytes, sperm, fertilized eggs, and em-
bryos; and 
(D) establish contractual agreements with 
a health care provider relating to the health 
care provider’s services in handling, testing, 
storing, shipping, and disposing of the individ-
ual’s reproductive genetic material in accord-
ance with widely accepted and evidence-based 
medical standards of care. 
(2) HEALTH
CARE
PROVIDER
RIGHTS.—A 
health care provider has a statutory right under this 
Act, without prohibition, limitation, interference, or 
impediment, to the extent that such prohibition, lim-
itation, interference, or impediment in any way or 
degree obstructs, delays, or affects commerce over 
which the Federal Government has jurisdiction, to— 
(A) provide, or assist with the provision of, 
fertility treatment provided in accordance with 
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widely accepted and evidence-based medical 
standards of care; 
(B) continue or complete the provision of, 
or assistance with, fertility treatment that was 
lawful when commenced and is provided in ac-
cordance with widely accepted and evidence- 
based medical standards of care; 
(C) provide for, or assist with, the testing, 
use, storage, or disposition of reproductive ge-
netic material, such as oocytes, sperm, fertilized 
eggs, and embryos, in accordance with widely 
accepted and evidence-based medical standards 
of care; and 
(D) establish contractual agreements with 
individuals or manufacturers relating to the 
health care provider’s services in handling, test-
ing, storing, shipping, and disposing of the indi-
vidual’s reproductive genetic material. 
(3) HEALTH
INSURANCE
ISSUER
RIGHTS.—A 
health insurance issuer has a statutory right under 
this Act, without prohibition, limitation, interference, 
or impediment, to the extent that such prohibition, 
limitation, interference, or impediment in any way or 
degree obstructs, delays, or affects commerce over 
which the Federal Government has jurisdiction, to 
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cover the provision of fertility treatment provided in 
accordance with widely accepted and evidence-based 
medical standards of care. 
(4) MANUFACTURER RIGHTS.—A manufacturer 
of a drug or device that is approved, cleared, author-
ized, or licensed under section 505, 510(k), 
513(f)(2), or 515 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 355; 360(k); 360c(f)(2); 
360e) or section 351 of the Public Health Service 
Act (42 U.S.C. 262) or otherwise legally marketed 
and intended for use in the provision of fertility 
treatment, including the storage or transport of oo-
cytes, gametes, fertilized eggs, and embryos, has a 
statutory right under this Act, without prohibition, 
limitation, interference, or impediment, to the extent 
that such prohibition, limitation, interference, or im-
pediment in any way or degree obstructs, delays, or 
affects commerce over which the Federal Govern-
ment has jurisdiction, to manufacture, import, mar-
ket, sell, and distribute such drug or device. 
(b) STATE REGULATION
OF MEDICINE.—The en-
forcement of State health and safety law regarding med-
ical facilities or health care providers does not constitute 
a violation of subsection (a) if— 
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(1) such regulations are in accordance with 
widely accepted and evidence-based medical stand-
ards of care for providing fertility treatment; and 
(2) the safety or health objective cannot be ad-
vanced by a different means that does not prohibit, 
limit, interfere with, or impede the rights described 
in subsection (a). 
(c) ENFORCEMENT.— 
(1) THE ATTORNEY GENERAL.— 
(A) IN GENERAL.—The Attorney General 
may commence a civil action on behalf of the 
United States against any State; an individual, 
employee, official, agency head, contractor, or-
ganization, or instrumentality acting for, or on 
behalf of, such a State; or any individual acting 
under the color of, or pursuant to, State law, 
that implements, enforces, or threatens to en-
force a limitation or requirement that prohibits, 
limits, interferes with, or impedes the statutory 
rights of an individual, a health care provider, 
a health insurance issuer, or a manufacturer 
under subsection (a). 
(B) EFFECT OF VIOLATIONS.—The court 
shall hold unlawful and set aside a limitation or 
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requirement described in subparagraph (A) if it 
is in violation of subsection (a). 
(2) PRIVATE RIGHT OF ACTION.— 
(A) IN GENERAL.—Any individual or entity 
adversely affected by an alleged violation of 
subsection (a) may commence a civil action 
against an individual, employee, official, agency 
head, contractor, organization, or instrumen-
tality acting for, or on behalf of, such a State 
that enacts, implements, or enforces a limita-
tion or requirement that prohibits, limits, inter-
feres with, or impedes the statutory rights of an 
individual, a health care provider, a health in-
surance issuer, or a manufacturer under sub-
section (a). 
(B) EFFECT OF VIOLATIONS.—The court 
shall hold unlawful and enjoin a limitation or 
requirement described in subparagraph (A) if it 
is in violation of subsection (a). 
(3) HEALTH CARE PROVIDER.— 
(A) IN GENERAL.—A health care provider 
may commence a civil action for relief on such 
provider’s own behalf, on behalf of the pro-
vider’s staff, or on behalf of the provider’s pa-
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