[Congressional Record Volume 172, Number 105 (Tuesday, June 23, 2026)]
[Senate]
[Page S3076]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 5926. Ms. DUCKWORTH submitted an amendment intended to be proposed
by her to the bill S. 4784, to authorize appropriations for fiscal year
2027 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 appropriate place in title VII, insert the
following:
SEC. 7__. FERTILITY TREATMENT FOR CERTAIN MEMBERS OF THE
UNIFORMED SERVICES AND DEPENDENTS.
(a) Fertility Treatment.--Chapter 55 of title 10, United
States Code, is amended by inserting after section 1074o the
following new section:
``Sec. 1074p. Fertility treatment for certain active duty
members of the uniformed services and their dependents
``(a) Coverage.--The Secretary of Defense shall ensure that
fertility-related care for a member of the uniformed services
on active duty (or a dependent of such a member) shall be
covered under TRICARE Prime and TRICARE Select.
``(b) In Vitro Fertilization.--In the case of in vitro
fertilization treatment furnished to an individual pursuant
to subsection (a), coverage under such subsection shall
include--
``(1) not fewer than three completed oocyte retrievals; and
``(2) unlimited embryo transfers provided in accordance
with the guidelines of the American Society for Reproductive
Medicine, using single embryo transfer when recommended and
medically appropriate.
``(c) Definitions.--In this section:
``(1) The term `fertility-related care' means--
``(A) the diagnosis of infertility; and
``(B) fertility treatment.
``(2) The term `fertility treatment' includes the
following:
``(A) In vitro fertilization or other treatments or
procedures in which human oocytes, embryos, or sperm are
handled when clinically appropriate.
``(B) Sperm retrieval.
``(C) Egg retrieval.
``(D) Preservation of human oocytes, embryos, or sperm.
``(E) Artificial insemination, including intravaginal
insemination, intracervical insemination, and intrauterine
insemination.
``(F) Transfer of reproductive genetic material.
``(G) Medications as prescribed or necessary for fertility.
``(H) Fertility treatment coordination.
``(I) Such other information, referrals, treatments,
procedures, testing, medications, laboratory services,
technologies, and services facilitating reproduction as
determined appropriate by the Secretary of Defense.
``(3) The term `infertility' means a disease, condition, or
status characterized by--
``(A) the failure to establish a pregnancy or to carry a
pregnancy to live birth after regular, unprotected sexual
intercourse in accordance with the guidelines of the American
Society for Reproductive Medicine;
``(B) the inability of an individual to reproduce without
medical intervention either as a single individual or with
the partner of the individual; or
``(C) the findings of a licensed physician based on the
medical, sexual, and reproductive history, age, physical
findings, or diagnostic testing of the individual.''.
(b) Program on Fertility Treatment Coordination.--Chapter
55 of title 10, United States Code, is amended by adding at
the end the following new section:
``Sec. 1110c. Program on fertility-related care coordination
``(a) In General.--The Secretary of Defense shall establish
a program on the coordination of fertility-related care by
the Secretary for purposes of ensuring patients receive
timely fertility-related care.
``(b) Training and Support.--In carrying out the program
established under subsection (a), the Secretary shall provide
to community health care providers training and support with
respect to the unique needs of members of the uniformed
services and the dependents of such members.
``(c) Fertility-Related Care Defined.--In this section, the
term `fertility-related care' has the meaning given that term
in section 1074p of this title.''.
(c) Conforming Amendment.--Section 1079(a) of title 10,
United States Code, is amended by adding at the end the
following new paragraph:
``(21) Fertility-related care shall be provided in
accordance with section 1074p of this title.''.
(d) Exclusion From Contracts for Former Members and Their
Dependents.--Section 1086 of title 10, United States Code, is
amended--
(1) in subsection (c), in the matter preceding paragraph
(1), by striking ``subsection (d)'' and inserting
``subsections (d) and (j)''; and
(2) by adding at the end the following new subsection:
``(j) A plan contracted for under subsection (a) may not
include coverage for services under section 1074p of this
title for former members of the uniformed services or
dependents of former members of the uniformed services.''.
(e) Regulations.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
prescribe regulations or subregulatory guidance regarding the
implementation of the amendments made by this section.
(f) Application.--The amendments made by this section shall
apply with respect to services provided on or after October
1, 2028.
(g) Rules of Construction.--Nothing in this section or the
amendments made by this section shall be construed--
(1) to provide new benefits to or alter existing benefits
for former members of the uniformed services or the
dependents of former members of the uniformed services; or
(2) to authorize the Secretary of Defense to make payments
related to human cloning, artificial womb technology, or
international surrogacy.
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