Fertility treatment 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. Fertility treatment 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 fertility treatment 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 treatment 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 Fertility treatment 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 spouse or partner. (3) In vitro fertilization In the case of in vitro fertilization treatment furnished under paragraph (1), the Secretary may 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 fertility treatment 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 treatment 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 fertility treatment under subsection (a), the Secretary shall, at the election of such veteran— (A) allow such veteran to receive such treatment 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 fertility treatment and counseling under this section; and (2) any changes to fertility treatment and counseling covered under this section. (d) Ownership, use, or disposition of reproductive genetic material (1) In general Issues or disputes regarding ownership of reproductive genetic material or future use or disposition of such material shall be the sole responsibility of the covered veteran and the spouse, partner, or gestational surrogate of the veteran, as applicable, and the private facility storing such material. (2) Role of Department The role of the Secretary under this section is limited to furnishing the treatment and counseling required under this section when requested by a covered veteran and determined necessary by the Secretary. (3) 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 the ultimate disposition of such material or 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 covered veteran means a veteran who is enrolled in the system of annual patient enrollment established under section 1705(a) of this title. (2) The term fertility treatment includes the following: (A) Preservation of human oocytes, sperm, or embryos. (B) Artificial insemination, including intravaginal insemination, intracervical insemination, and intrauterine insemination. (C) Assisted reproductive technology, including in vitro fertilization and other treatments or procedures in which reproductive genetic material, such as oocytes, sperm, or 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 determines appropriate. (3) The term gestational surrogate means an adult, who is not the intended parent, who enters into a surrogacy agreement to become pregnant through in vitro fertilization using gametes that are not the gametes of that individual. (4) 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 fertility treatment 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. Fertility treatment and counseling for certain veterans and spouses, partners, and gestational surrogates of such veterans.. (c) Sunset of existing authority The authority under section 234 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).