Text of Senate Amendment 4637

Text of Senate Amendment 4637

Congressional Record, Volume 172 Issue 49 (Wednesday, March 18, 2026) [Congressional Record Volume 172, Number 49 (Wednesday, March 18, 2026)] [Senate] [Pages S1288-S1291] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 4637. Mrs. MURRAY submitted an amendment intended to be proposed by her to the bill S. 1383, to establish the Veterans Advisory Committee on Equal Access, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: [[Page S1289]] TITLE __VETERAN FAMILIES HEALTH SERVICES ACT SEC. __01. SHORT TITLE; TABLE OF CONTENTS. This title may be cited as the ``Veteran Families Health Services Act of 2026''. Subtitle A--Reproductive and Fertility Preservation Assistance for Members of the Armed Forces SEC. __11. DEFINITIONS. In this subtitle: (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. SEC. __12. PROVISION OF FERTILITY TREATMENT AND COUNSELING TO MEMBERS OF THE ARMED FORCES AND SPOUSES, PARTNERS, AND GESTATIONAL SURROGATES OF SUCH MEMBERS. (a) Fertility Treatment and Counseling.-- (1) In general.--The Secretary of Defense shall make available fertility treatment and counseling to a member of the Armed Forces or a spouse, partner, or gestational surrogate of such a member. (2) Eligibility for treatment and counseling.--Fertility treatment and counseling shall be furnished under paragraph (1) without regard to the sex, sex characteristics, gender identity, sexual orientation, infertility diagnosis, or marital status of the member of the Armed Forces 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. (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.-- (1) Impact on existing authority.--Nothing in this section shall be construed to rescind the authority of the Secretary to provide in vitro fertilization benefits pursuant to section 1074(c)(4) of title 10, United States Code. (2) Sourcing of gestational surrogate or reproductive genetic material.--Nothing in this section shall be construed to require the Secretary-- (A) to find or certify a gestational surrogate for a member of the Armed Forces or to connect a gestational surrogate with such a member; or (B) to find or certify reproductive genetic material, such as oocytes, sperm, or embryos, from a donor for a member of the Armed Forces or to connect such a member with reproductive genetic material from a donor. (d) Definitions.--In this section: (1) Fertility treatment.--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 of Defense determines appropriate. (2) Gestational surrogate.--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. (3) Partner.--The term ``partner'', with respect to a member of the Armed Forces, means an individual selected by the member who agrees to be a parent, with the member, of a child born as a result of the use of any fertility treatment under this section. SEC. __13. ESTABLISHMENT OF FERTILITY PRESERVATION PROCEDURES AFTER AN INJURY OR ILLNESS. (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. SEC. __14. CRYOPRESERVATION AND STORAGE OF REPRODUCTIVE GENETIC MATERIAL OF MEMBERS OF THE ARMED FORCES ON ACTIVE DUTY. (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-- (1) deployment to a combat zone; or (2) a duty assignment that includes a hazardous assignment, including-- (A) assignments resulting in exposure to perfluoroalkyl or polyfluoroalkyl substances; and (B) such other assignments as determined by the Secretary. (b) Period of Time.-- (1) In general.--The Secretary shall provide for the retrieval, testing, cryopreservation, shipping, and storage of reproductive genetic material of any member of the Armed Forces under subsection (a), at no cost to the member, until the date that is one year after the retirement, separation, or release of the member from the Armed Forces. (2) Continued cryopreservation and storage.--At the end of the one-year period specified in paragraph (1), the Secretary shall permit an individual whose reproductive genetic material was cryopreserved and stored as described in that paragraph to select, including pursuant to an advance medical directive or military testamentary instrument completed under subsection (c), one of the following options: (A) To continue such cryopreservation and storage in such facility with the cost of such cryopreservation and storage borne by the individual. (B) To transfer the material to a private cryopreservation and storage facility selected by the individual. (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. SEC. __15. ASSISTANCE WITH AND CONTINUITY OF CARE REGARDING REPRODUCTIVE AND FERTILITY PRESERVATION SERVICES. The Secretary of Defense shall ensure that employees of the Department of Defense assist members of the Armed Forces-- (1) in navigating the services provided under this subtitle; (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. SEC. __16. COORDINATION BETWEEN DEPARTMENT OF DEFENSE AND DEPARTMENT OF VETERANS AFFAIRS ON FURNISHING OF FERTILITY TREATMENT AND COUNSELING. (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-- (1) regarding coordination of fertility preservation care and continuation of coverage, without interruption, for a member of the Armed Forces who is transitioning to veteran status; and (2) authorizing the Department of Veterans Affairs to compensate the Department of Defense for the cryopreservation, transportation, and storage of reproductive genetic material of veterans under [section __14(b)(2)(A)]. SEC. __17. REGULATIONS. Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations to carry out this subtitle. Subtitle B--Reproductive and Adoption Assistance for Veterans SEC. __21. INCLUSION OF FERTILITY TREATMENT AND COUNSELING UNDER DEFINITION OF MEDICAL SERVICES. Section 1701(6) of title 38,