[Congressional Record Volume 167, Number 190 (Thursday, October 28, 2021)]
[Senate]
[Pages S7484-S7485]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3979. Mrs. MURRAY submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of title VII, add the following:

     Subtitle D--Reproductive and Fertility Preservation Assistance

     SEC. 751. 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. 752. 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 gametes, 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) Consent for Retrieval of Gametes.--Gametes may be 
     retrieved from a member of the Armed Forces under subsection 
     (a) only--
       (1) with the specific consent of the member; or
       (2) if the member is unable to consent, if a medical 
     professional determines that--
       (A) the future fertility of the member is potentially 
     jeopardized as a result of an injury or illness described in 
     subsection (a) or will be potentially jeopardized as a result 
     of treating such injury or illness;
       (B) the member lacks the capacity to consent to the 
     retrieval of gametes and is likely to regain such capacity; 
     and
       (C) the retrieval of gametes under this section is in the 
     medical interest of the member.
       (c) Consent for Use of Retrieved Gametes.--Gametes 
     retrieved from a member of the Armed Forces under subsection 
     (a) may be used only--
       (1) with the specific consent of the member; or
       (2) if the member has lost the ability to consent 
     permanently, as determined by a medical professional, as 
     specified in an advance directive or testamentary instrument 
     executed by the member.
       (d) Disposal of Gametes.--In accordance with regulations 
     prescribed by the Secretary for purpose of this subsection, 
     the Secretary shall dispose of gametes retrieved from a 
     member of the Armed Forces under subsection (a)--
       (1) with the specific consent of the member; or
       (2) if the member--
       (A) has lost the ability to consent permanently, as 
     determined by a medical professional; and
       (B) has not specified the use of their gametes in an 
     advance directive or testamentary instrument executed by the 
     member.

     SEC. 753. CRYOPRESERVATION AND STORAGE OF GAMETES 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 in the Armed 
     Forces with the opportunity to cryopreserve and store their 
     gametes prior to--
       (1) deployment to a combat zone; or
       (2) a duty assignment that includes a hazardous assignment, 
     as determined by the Secretary.
       (b) Period of Time.--
       (1) In general.--The Secretary shall provide for the 
     cryopreservation and storage of gametes of any member of the 
     Armed Forces under subsection (a) in a facility of the 
     Department of Defense or of a private entity and the 
     transportation of such gametes, 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 gametes were cryopreserved 
     and stored in a facility of the Department 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 gametes to a private cryopreservation 
     and storage facility selected by the individual.
       (C) To transfer the gametes to a facility of the Department 
     of Veterans Affairs if cryopreservation and storage is 
     available to the individual at such facility.
       (3) Disposal of gametes.--If an individual described in 
     paragraph (2) does not make a selection under subparagraph 
     (A), (B), or (C) of such paragraph, the Secretary may dispose 
     of the gametes of the individual not earlier than the date 
     that is 90 days after the end of the one-year period 
     specified in paragraph (1) with respect to the individual.
       (c) Advance Medical Directive and Military Testamentary 
     Instrument.--A member of the Armed Forces who elects to 
     cryopreserve and store their gametes 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 gametes if such member dies or 
     otherwise loses the capacity to consent to the use of their 
     cryopreserved and stored gametes.

[[Page S7485]]

       (d) Agreements.--To carry out this section, the Secretary 
     may enter into agreements with private entities that provide 
     cryopreservation, transportation, and storage services for 
     gametes.

     SEC. 754. 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. 755. 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 the 
     Secretaries.
       (b) Memorandum of Understanding.--The Secretary of Defense 
     and the Secretary of Veterans Affairs shall enter into a 
     memorandum of understanding--
       (1) providing that the Secretary of Defense will ensure 
     access by the Secretary of Veterans Affairs to gametes of 
     veterans stored by the Department of Defense; and
       (2) authorizing the Department of Veterans Affairs to 
     compensate the Department of Defense for the 
     cryopreservation, transportation, and storage of gametes of 
     veterans under section 753.

     SEC. 756. MODERNIZATION AND EXPANSION OF ASSISTED 
                   REPRODUCTIVE TECHNOLOGY PROGRAM.

       Not later than one year after the date of the enactment of 
     this Act, the Secretary of Defense shall develop and submit 
     to Congress a strategy to modernize and expand the program 
     described in the memorandum on the subject of ``Policy for 
     Assisted Reproductive Services for the Benefit of Seriously 
     or Severely Ill/Injured (Category II or III) Active Duty 
     Service Members'' issued by the Assistant Secretary of 
     Defense for Health Affairs on April 3, 2012.
                                 ______