‘‘(2) PROVISION
OF
TREATMENT
AND
COUN-
SELING.—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 para-
graph (1), the Secretary may furnish to an indi-
vidual 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 copay-
ment amount to the United States for such treat-
ment and counseling. 
‘‘(b) PROCUREMENT
OF REPRODUCTIVE GENETIC 
MATERIAL.— 
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‘‘(1) IN GENERAL.—If a covered veteran is un-
able to provide their reproductive genetic material 
for purposes of fertility treatment under subsection 
(a), the Secretary shall, at the election of such vet-
eran— 
‘‘(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 en-
sure veterans and health care providers of the Department 
are aware of— 
‘‘(1) the availability of and eligibility require-
ments for fertility treatment and counseling under 
this section; and 
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‘‘(2) any changes to fertility treatment and 
counseling covered under this section. 
‘‘(d) OWNERSHIP, USE, OR DISPOSITION OF REPRO-
DUCTIVE GENETIC MATERIAL.— 
‘‘(1) IN GENERAL.—Issues or disputes regard-
ing ownership of reproductive genetic material or fu-
ture use or disposition of such material shall be the 
sole responsibility of the covered veteran and the 
spouse, partner, or gestational surrogate of the vet-
eran, 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 de-
termined necessary by the Secretary. 
‘‘(3) OWNERSHIP AND CUSTODY OF REPRODUC-
TIVE GENETIC MATERIAL.—The Secretary will not 
have ownership or custody of any reproductive ge-
netic 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 sec-
tion shall be construed to require the Secretary— 
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‘‘(1) to find or certify a gestational surrogate 
for a covered veteran or to connect a gestational sur-
rogate with a covered veteran; or 
‘‘(2) to furnish maternity care to a covered vet-
eran 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 vet-
eran 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 insemi-
nation, and intrauterine insemination. 
‘‘(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, or em-
bryos, are handled, when clinically appropriate. 
‘‘(D) Genetic testing of embryos. 
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‘‘(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 appro-
priate. 
‘‘(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 cov-
ered 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 author-
ity under section 234 of the Military Construction, Vet-
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