SEC. 2. INFERTILITY TREATMENTS FOR 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: 
‘‘§ 1720K. Infertility treatment and standard fertility 
preservation services 
‘‘(a) TREATMENT AND SERVICES.—(1) In furnishing 
medical services under this chapter, the Secretary shall 
furnish infertility treatments (including through the use 
of assisted reproductive technology), standard fertility 
preservation services, or both, to a covered veteran or a 
partner of a covered veteran, if the veteran and the part-
ner of the veteran apply jointly for such treatments or 
services, or both, through a process prescribed by the Sec-
retary. 
‘‘(2) In the case of in vitro fertilization treatment fur-
nished under paragraph (1), the Secretary may furnish 
not more than three completed cycles that result in live 
birth or six attempted cycles of in vitro fertilization, 
whichever occurs first, to an individual under such para-
graph. 
‘‘(3) The Secretary may furnish in vitro ferilization 
treatment under paragraph (1) using donated gametes or 
embryos. 
‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to require the Secretary to furnish 
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maternity care to a covered veteran or partner of a covered 
veteran, in addition to what is otherwise required by sec-
tion 1786 of this title or other provisions of law. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘assisted reproductive tech-
nology’ includes in vitro fertilization and other fer-
tility treatments in which both eggs and sperm are 
handled when clinically appropriate. 
‘‘(2) The term ‘covered veteran’ means a vet-
eran who— 
‘‘(A) has infertility; and 
‘‘(B) is enrolled in the system of annual 
patient enrollment established under section 
1705(a) of this title. 
‘‘(3) The term ‘infertility’— 
‘‘(A) means a disease or condition charac-
terized by— 
‘‘(i) the failure to conceive a preg-
nancy or to carry a pregnancy to live birth 
after one year of regular, unprotected sex-
ual intercourse; or 
‘‘(ii) the inability of a person to repro-
duce either as an individual or with the 
partner of the individual; and 
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‘‘(B) includes instances in which a person 
is at risk of being described in clauses (i) or (ii) 
of subparagraph (A), as determined by a li-
censed physician based on— 
‘‘(i) the medical, sexual, and repro-
ductive history, age, physical findings, or 
diagnostic testing, or a combination there-
of, of the person; or 
‘‘(ii) any planned medication therapy, 
surgery, radiation, chemotherapy, or other 
medical treatment. 
‘‘(4) The term ‘partner’, with respect to a vet-
eran, means an individual selected by the veteran 
who agrees to share with the veteran the parental 
responsibilities with respect to any child born as a 
result of the use of any infertility 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 1720J the 
following new item: 
‘‘1720K. Infertility treatment and standard fertility preservation services.’’. 
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SEC. 3. REGULATIONS ON FURNISHING OF INFERTILITY 
TREATMENT BY DEPARTMENT OF VETERANS 
AFFAIRS. 
(a) REGULATIONS.—Not later than 18 months after 
the date of the enactment of this Act, the Secretary of 
Veterans Affairs shall prescribe regulations to carry out 
section 1720K of title 38, United States Code, as added 
by section 2. 
(b) INTERIM POLICIES.—During the period begin-
ning 180 days after the date of the enactment of this Act 
and the date on which the regulations are prescribed 
under subsection (a), the Secretary shall ensure that fer-
tility counseling and treatment furnished pursuant to sec-
tion 234(a)(1) of the Military Construction, Veterans Af-
fairs, and Related Agencies Appropriations Act, 2021 (di-
vision J of Public Law 116–260) or other provisions of 
law administered by the Secretary include the following 
elements: 
(1) The Secretary may furnish such counseling 
and treatment to the partner of a veteran covered by 
such provision without regard to whether the partner 
and veteran are married. 
(2) The Secretary may furnish such counseling 
and treatment using donated gametes or embryos. 
(c) PARTNER DEFINED.—In this section, the term 
‘‘partner’’ has the meaning given that term in section 
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1720K of title 38, United States Code, as added by section 
2. 
Æ 
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