(1) Active duty

The term active duty has the meaning given that term in section 101(d)(1) of title 10, United States Code.

(2) Armed forces

The term Armed Forces has the meaning given the term armed forces in section 101(a)(4) of such title.

(a) Fertility treatment and counseling

(b) Procurement of reproductive genetic material

If a member of the Armed Forces is unable to provide their reproductive genetic material, such as oocytes, sperm, or embryos, for purposes of fertility treatment under subsection (a), the Secretary shall, at the election of such member, allow such member to receive such treatment with donated reproductive genetic material and pay or reimburse such member the reasonable costs of procuring such material from a donor.

(c) Rules of construction

(d) Definitions

In this section:

(a) In general

The Secretary of Defense, acting through the Assistant Secretary of Defense for Health Affairs, shall establish procedures for the retrieval of reproductive genetic material, such as sperm or oocytes, as soon as medically appropriate, from a member of the Armed Forces in cases in which the fertility of such member is potentially jeopardized as a result of an injury or illness incurred or aggravated while serving on active duty in the Armed Forces in order to preserve the medical options of such member.

(b) Inclusion of information in advanced directives and military testamentary instruments

The Secretary of Defense shall ensure that any advance medical directive, as defined in section 1044c(b) of title 10, United States Code, or military testamentary instrument, as defined in section 1044d(b) of such title, completed by a member of the Armed Forces includes questions about the consent of the member to fertility preservation procedures under subsection (a) and about rights, ownership, and use of reproductive genetic material.

(a) In general

The Secretary of Defense shall provide members of the Armed Forces on active duty with the opportunity for retrieval, testing, cryopreservation, shipping, and storage of their reproductive genetic material, such as sperm or oocytes, prior to—

(b) Period of time

(c) Advance medical directive and military testamentary instrument

A member of the Armed Forces who elects to cryopreserve and store their reproductive genetic material under this section must complete an advance medical directive, as defined in section 1044c(b) of title 10, United States Code, and a military testamentary instrument, as defined in section 1044d(b) of such title, that explicitly specifies the use of their cryopreserved and stored reproductive genetic material if such member dies or otherwise loses the capacity to consent to the use of their cryopreserved and stored reproductive genetic material.

(1)

in navigating the services provided under this title;

(2)

in finding a provider that meets the needs of such members with respect to such services; and

(3)

in continuing the receipt of such services without interruption during a permanent change of station for such members.

(a) In general

The Secretary of Defense and the Secretary of Veterans Affairs shall share best practices and facilitate referrals, as they consider appropriate, on the furnishing of fertility treatment and counseling to individuals eligible for the receipt of such counseling and treatment from each such Secretary.

(b) Memorandum of understanding

The Secretary of Defense and the Secretary of Veterans Affairs shall enter into a memorandum of understanding—

(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:

(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).

(a) In general

Subchapter VIII of chapter 17 of title 38, United States Code, is amended by adding at the end the following new section:

1790. Adoption assistance

(a) In general

The Secretary may pay an amount, not to exceed the limitation amount, to assist a covered veteran in the adoption of one or more children, without regard to the sex, gender identity, sexual orientation, or marital status of the covered veteran.

(b) Limitation amount

For purposes of this section, the limitation amount is the amount equal to the cost the Department would incur by paying the expenses of not more than three adoptions by covered veterans, as determined by the Secretary.

(c) Covered veteran defined

In this section, the term covered veteran has the meaning given that term in section 1720M(f) of this title.

(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 1789 the following new item:

(1)

in navigating the services provided under this title and the amendments made by this title;

(2)

in finding a provider that meets the needs of such veterans with respect to such services; and

(3)

in continuing the receipt of such services without interruption if such veterans move to a different geographic location.

(a) In general

Subchapter II of chapter 73 of title 38, United States Code, is amended by adding at the end the following new section:

7330E. Facilitation of reproduction and infertility research

(a) Facilitation of research required

The Secretary shall facilitate research conducted collaboratively by the Secretary of Defense and the Secretary of Health and Human Services to improve the ability of the Department of Veterans Affairs to meet the long-term reproductive health care needs of veterans who have a condition that affects the ability of the individual to reproduce.

(b) Dissemination of information

The Secretary shall ensure that information produced by the research facilitated under this section that may be useful for other activities of the Veterans Health Administration is disseminated throughout the Veterans Health Administration.

(b) Clerical amendment

The table of sections at the beginning of chapter 73 of such title is amended by inserting after the item relating to section 7330D the following new item:

(1)

to carry out section 1720M of title 38, United States Code, as added by section 202(a); and

(2)

to carry out section 1790 of such title, as added by section 203(a).