[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, United States Code, is amended
by adding at the end the following new subparagraph:
``(J) Fertility treatment and counseling under section
1720M of this title.''.
[[Page S1290]]
SEC. __22. FERTILITY TREATMENT AND COUNSELING FOR CERTAIN
VETERANS AND SPOUSES, PARTNERS, AND GESTATIONAL
SURROGATES OF SUCH 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:
``Sec. 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:
``1720M. Fertility treatment and counseling for certain veterans and
spouses, partners, and gestational surrogates of such
veterans.''.
(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).
SEC. __23. ADOPTION ASSISTANCE FOR CERTAIN VETERANS.
(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:
``Sec. 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:
``1790. Adoption assistance.''.
SEC. __24. ASSISTANCE WITH AND CONTINUITY OF CARE REGARDING
REPRODUCTIVE AND FERTILITY PRESERVATION
SERVICES.
The Secretary of Veterans Affairs shall ensure that
employees of the Department of Veterans Affairs assist
veterans--
(1) in navigating the services provided under this subtitle
and the amendments made by this subtitle;
(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.
SEC. __25. FACILITATION OF REPRODUCTION AND INFERTILITY
RESEARCH.
(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:
``Sec. 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:
``7330E. Facilitation of reproduction and infertility research.''.
SEC. __26. REGULATIONS ON FURNISHING OF FERTILITY TREATMENT
AND COUNSELING AND ADOPTION ASSISTANCE BY
DEPARTMENT OF VETERANS AFFAIRS.
Not later than two years after the date of the enactment of
this Act, the Secretary of Veterans Affairs shall prescribe
regulations--
[[Page S1291]]
(1) to carry out section 1720M of title 38, United States
Code, as added by [section __22(a)]; and
(2) to carry out section 1790 of such title, as added by
[section __23(a)].
______