Assisted reproductive technology, intrauterine insemination, and counseling for certain veterans and spouses, partners, and gestational surrogates of such veterans

(a) In general Subchapter II of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section: 1720M. Assisted reproductive technology, intrauterine insemination, and counseling for certain veterans and spouses, partners, and gestational surrogates of such veterans (a) Requirement (1) In general Notwithstanding any other provision of law, including the surrogacy laws of any State, the Secretary shall furnish assisted reproductive technology, intrauterine insemination, and counseling for the benefit of a covered veteran to the veteran and the spouse, partner, gamete donor, or gestational surrogate of the veteran if the veteran, and the spouse, partner, gamete donor, or gestational surrogate of the veteran, as applicable, each provide informed consent for such assisted reproductive technology, intrauterine insemination, and counseling, including for each cycle of treatment authorized under this section, through a process prescribed by the Secretary. (2) Provision of treatment and counseling Assisted reproductive technology, intrauterine insemination, and counseling shall be furnished under paragraph (1) without regard to the sex, sexual characteristics, gender identity, sexual orientation, infertility diagnosis, or marital status of the covered veteran or their partner. (3) In vitro fertilization In the case of in vitro fertilization treatment furnished under paragraph (1), the Secretary shall furnish to an individual under such paragraph— (A) not more than three completed oocyte retrievals; and (B) unlimited embryo transfers. (4) Copayment The Secretary shall only furnish assisted reproductive technology, intrauterine insemination, and counseling under paragraph (1) to a covered veteran who is required to pay to the United States a copayment amount as a condition for the receipt of hospital care, medical services, or medications under this chapter if the covered veteran agrees to pay such applicable copayment amount to the United States for such assisted reproductive technology and counseling. (b) Procurement of reproductive genetic material (1) In general If a covered veteran is unable to provide their reproductive genetic material for purposes of assisted reproductive technology or intrauterine insemination under subsection (a), the Secretary shall, at the election of such veteran— (A) allow such veteran to receive assisted reproductive technology or intrauterine insemination with donated reproductive genetic material, if the donor provides informed consent for use of such material; and (B) pay or reimburse the veteran, donor, or a party acting on behalf of the donor the reasonable costs of procuring such material from the donor. (2) Other expenses The Secretary may pay or reimburse a covered veteran a reasonable amount for personal travel and incidental expenses associated with procuring material from a donor under paragraph (1). (c) Outreach and training The Secretary shall carry out an outreach and training program to ensure veterans and health care providers of the Department are aware of— (1) the availability of and eligibility requirements for assisted reproductive technology, intrauterine insemination, and counseling under this section; and (2) any changes to assisted reproductive technology, intrauterine insemination, and counseling covered under this section. (d) Ownership, use, or disposition of reproductive genetic material (1) In general Issues or disputes regarding use or disposition of reproductive genetic material under this section shall be the sole responsibility of the covered veteran, the spouse or partner of the covered veteran, as applicable, and the private facility storing such material. (2) Agreement regarding donated reproductive genetic material As a condition of the use of donated gametes or embryos under this section, the third-party donor and a provider of assisted reproductive technology or intrauterine insemination that has entered into a contract or agreement with the Secretary to provide assisted reproductive technology or intrauterine insemination under this section shall enter into an arrangement or agreement governing the terms of the donation, including how any remaining cryopreserved and stored reproductive genetic material will be handled once a covered veteran has exhausted the assisted reproductive technology or intrauterine insemination services available under this section, unless the veteran or the spouse or partner of the veteran has agreed to assume liability for the continued preservation of any remaining gametes or embryos and the Department is not party to the arrangement or agreement for such continued preservation. (3) Role of Department The role of the Secretary under this section is limited to furnishing assisted reproductive technology, intrauterine insemination, and counseling required under this section when requested by a covered veteran and determined necessary by the Secretary. (4) Ownership and custody of reproductive genetic material The Secretary will not have ownership or custody of any reproductive genetic material obtained pursuant to treatment under this section and will not be involved in disputes between or among any parties with respect to such material. (e) Rule of construction Nothing in this section shall be construed to require the Secretary— (1) to find or certify a gestational surrogate for a covered veteran or to connect a gestational surrogate with a covered veteran; or (2) to furnish maternity care to a covered veteran or spouse, partner, or gestational surrogate of a covered veteran beyond what is otherwise required or authorized by law. (f) Definitions In this section: (1) The term assisted reproductive technology means any treatment or procedure that includes the handling of human eggs or embryos to help achieve a pregnancy, including in vitro fertilization, egg or embryo cryopreservation, and egg or embryo donation. Such term includes any medication related to such a treatment or procedure. (2) 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. (3) The term gestational surrogate means an individual who agrees to attempt to become pregnant through in vitro fertilization under a gestational surrogacy agreement using gametes that are not the gametes of that individual. (4) The term intrauterine insemination means a procedure that places sperm directly into an individual’s uterus at the time of the individual’s ovulation to increase the chances of fertilization. Such term includes any medication associated with such a procedure. (5) The term partner, with respect to a covered veteran, means an individual selected by the veteran who agrees to be a parent, with the veteran, of a child born as a result of the use of any assisted reproductive technology or intrauterine insemination under this section.. (b) Clerical amendment The table of sections at the beginning of chapter 17 of such title is amended by inserting after the item relating to section 1720L the following new item: 1720M. Assisted reproductive technology, intrauterine insemination, and counseling for certain veterans and spouses, partners, and gestational surrogates of such veterans.. (c) Sunset of existing authority The authority under section 234(a)(1) of the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2024 (division A of Public Law 118–42), or any similar authority subsequently enacted by law, shall cease on the effective date of regulations prescribed to carry out section 1720M of title 38, United States Code, as added by subsection (a).